No! Prime Minister Golding

Surprisingly, one of the most hotly debated issues in Jamaica this week has been the suggestion endorsed by Prime Minister Bruce Golding that persons who are found to be without their drivers licences are to be arrested and put in jail. This is not a new suggestion and indeed has been voiced, with hitherto no political support, by varying members of the Jamaica Constabulary Force (JCF) for several years. However, Prime Minister Golding has now given currency to this proposal and surprisingly there is a significant body of public support for this draconian strategy. This may well be driven by partisan support for the newly installed but embattled Golding regime or merely reflects the level of desperation being experienced by a frightened populace in the midst of a crime wave. Whatever its antecedence, the ease with which Jamaicans are willing to cede their constitutional rights including their most fundamental right of freedom is truly disconcerting. This is particularly poignant as there are simple and far less intrusive techniques available, particularly technological solutions, to the security forces to bolster their overall effectiveness in solving crime. Further, the JCF does not enjoy the trust of large segments of the Jamaican populace who regard the Police Force as a corrupt and woefully inefficient institution which is more prone to abuse any such latitude, rather than use it as it was theoretically intended.

Simple Solution
Each Police vehicle should be equipped with a computer, so that when persons are stopped in their so-called spot check if the person does not have on his/her person a drivers licence, the mere provision of a name and address should allow that person’s particulars inclusive of their photograph to be readily accessed. This is by no means novel and already obtains in several countries. Hence there is no reason for denying anyone their liberty over a drivers license. Further, Jamaica’s past is checkered with examples of failed attempts of controlling criminal activity with draconian measures. A case in point was the State of Emergency which was declared in 1976 and arising out of which was the dreaded Red Fence and Wire Fence where several persons liberty were denied them in a indiscriminate manner. However by 1980 Jamaica’s murder total soared to 800 persons perpetuating an upward trend which has continued to present even though most of the tenets of the Suppression of Crimes Act are still in use. However what that time period has facilitated is widespread abuse of citizens rights by the Police – unlawful detentions, physical abuse, warrantless raids, extra-judicial killings etc. Similarly, the deficiencies in Police investigative techniques are legendary with a noted example being the presentation of an illegal handgun to a Senior Superintendent of Police on stage at a Reggae Festival by an artiste who himself was wanted for questioning involving a criminal matter in another parish. According to the Senior Superintendent he was unaware that the artiste was wanted by the Police. Similarly, the case of Mr Joel Andem leader of a notorious gang who was at the top of the Police most wanted list. However upon his capture the Police waited almost one week to prefer any charges as there was no outstanding warrant for his arrest.

The simple fact of life in Jamaica is that there is no real will to tackle crime as persons have often advised in colloquial terminology that “…in Jamaica real bad man don’t hide”. This is seemingly borne out by the fact that some of the most notorious persons who have been arrested or killed in recent times were living comfortably in their homes in plain view usually in very affluent neighbourhoods. Further, in several inner city communities guns are openly brandished particularly after dark, drug houses are well known and in one case even had a flag on its roof to advertise its location to its patrons and potential clientele. Indeed, generally speaking an air of lawlessness obtains. Is it credible therefore to continue to claim that only the Jamaican Police remain oblivious to these developments and therefore require extreme measures to treat with the issues at hand?

Indeed, the argument posited by Prime Minister Golding of “straight to jail” for someone who perhaps changes a handbag or a pair of pants as the case may be and genuinely misplaces their drivers license is ill-advised and could well be construed by its critics as contempt for the principles and practices of a modern democracy. If the authorities are truly interested in cracking down on drivers licenses all they would have to do is establish some sort of electronic linkage between the tax collectorates and the Police and when persons go for renewals, if there are outstanding warrants for the person in question, arrangements can be made for their immediate arrest. However, in an environment where motorists who have committed a traffic infraction are routinely given the option of “write or left” – meaning either the police personnel writes a ticket or the traffic offender leaves a bribe, there is need for extreme caution in increasing the latitude of the police. Further, the recent initiatives involving the gang leaders in August Town highlights the extent of the moral decay in Jamaica. In that arrangement which obviously had the assent of the Police which had at least one representative at the ceremony, the gang leaders were allowed to keep their illegal weapons and there was a public signing of a truce of sorts. In the context of the foregoing, the Prime Minister would be minded to be guided by the age-old maxim “Power corrupts…Absolute power corrupts absolutely.” Jamaica has a acknowledged problem with crime, however there is no need for citizens rights to be further compromised because the State refuses to tackle the real issues at hand.

Betrayed: New Kingston Residents Under Threat

In an amazingly insensitive presentation on the vexed issue of Noise Abatement, Minister of Information, Culture, Youth and Sports Hon. Olivia “Babsy” Grange, recently delivered her maiden contribution to the Sectoral Debate 2008/09 in Gordon House entitled “Defining Ourselves”. In the presentation, the Minister conveniently ignored the persistent complaints of citizens and residents of residential communities about Night Noises, obviously skewing her remarks to the benefit of errant entertainment promoters and in fact politely chided the Police for enforcing the tenets of the Noise Abatement Act, claiming that commerce was being stymied by such enforcement. The Minister further intimated, that specially designated Entertainment Zones are to be established and that such zones and the associated regulations to govern their operations are being developed for approval by the Cabinet of Jamaica, albeit with no reference to the wider citizenry. The residents of New Kingston in particular, have been complaining bitterly about the issue of Night Noises for years. However, given the preponderance of illegitimate open air entertainment activities which affect the community and based on the obvious predisposition of Minister Grange, there is a strong likelihood that the entire community will be designated an Entertainment Zone, placing it under direct threat. The following represents the verbatim presentation of this aspect of the Ministers presentation on Tuesday, June 17, 2008:

"Mr Speaker, the recent stringent enforcement of the night noise act by the police has created a number of unintended socio-economic consequences:

(a)Commerce is being stymied – tailors, hairdressers, vendors, concessionaires, performers, suppliers of products (food, drink, containers, ice, confectionary) and promoters are all losing significant income. The multiplier effect of this loss of income will be significant.

(b)We need to recognize that for many in this chain, their main or only source of income, is under threat. They will have no option but to resort to alternate means of earning which can lead directly to an increase in crime and vagrancy.

(c)Dances, parties and other forms of entertainment are the only release for many who find life hard. As such, events collectively are the valve on the pressure cooker that is our society.

(d)For many, attending dances and parties is what keeps them away from a life of crime, mischief and idleness.

(e) We must recognize that anything that affects the entertainment industry, directly affects the tourism industry and by extension the nations survival. Every year hundreds of thousands of tourists come to our shores and spend much needed hard currency to experience our culture and music. Do we want to put a stop to this?

(f)In addition, there has been increased resentment against the police, which hinders them in carrying out their duties effectively.

Against this background, we need to look on the situation realistically to not throw out the baby with the bathwater, but create a situation where there is greater order without stifling the entertainment industry.

Like everywhere else in the modern world we have to find ways to make our existing infrastructure work harder around the clock and earn more to the betterment of all. This is why there are cities that “don’t sleep” like New York, Chicago, Miami, London, Las Vegas, Japan, Toronto and more. This is achieved by creating Entertainment Zones. In parallel, it is important to have zones that do not generally support “night noise activities” like suburban neighborhoods.

The key to an entertainment zone policy working is recognizing that a balance needs to be struck between certain rights and needs of citizens for peace and quiet, as well as the rights and needs for entertainment. It is also important that respect for “peace and quiet” should not apply just to entertainment promoters, but also churches and other groups which have events. With this in mind there have to be areas where formal entertainment activities are allowed and sanctioned and others where they are not.

At the centre of consideration for an entertainment zone, is the extent of noise and the nature of the environment surrounding the source of the noise. Of greatest concern then, are open air events from which sound travels to disturb nearby residents that do not wish to hear what is happening at the event. It is particularly important to ensure children are not disturbed on the eve of school days.

In addition to noise disturbance, content is also important. In general terms open air events with significant noise factor should not feature profanity, the promotion of violence and explicit sexual description. Of course this would not apply to closed venues, which do not impact on people outside of the venue.

Based on the relatively compact nature of communities in the island we will have to embark on a tiered zone approach with respect to open air events, which features zones with:

No restrictions
Some restrictions
Complete restriction of activities

Details of the demarcation of zones and associated regulations are currently being developed for decision by Cabinet and eventual adoption by the relevant authorities".

Seymour Avenue: State Abdicates its Responsibility

Teach us true respect for all,

Stir response to duty's call..

excerpt of Jamaica's National Anthem

The Kingston and St Andrew Corporation (KSAC), National Solid Waste Management Authority (NSWMA), the National Environment and Planning Agency (NEPA) and the Jamaica Constabulary Force (JCF) would be far more efficacious in the discharge of their respective mandates, if only they would adhere to the principles and precepts enunciated in Jamaica’s National Anthem. Indeed, while the State contemplates detaining persons without charge for indeterminate periods, claiming quite erroneously that this will minimize criminal activity and are equally consumed by the morally bankrupt suggestion that prostitution be decriminalized in the name of public health and as a substantial source of tax revenue, there is a general abdication of responsibilities by the State to treat with matters which are far more mundane but which continues to threaten the well-being of all. A case in point being two empty lots of land bordering Fairway and Seymour Avenue in Seymour Lands, which have been used for practically every nefarious activity imaginable. However the State has ignored the repeated complaints by the citizens.

Indeed, all that the citizens have been requesting over the last two (2) years is that the lots are bushed, the informal housing units are removed and that the drug peddling and prostitution be stopped. In their quest, the citizens have written to the KSAC, NEPA and JCF and have also turned to their political representatives for assistance, all to no avail. Indeed, the citizens advise that KSAC Mayor Desmond McKenzie is acutely aware of the situation but has quite uncharacteristically taken no action. In the case of NEPA, they responded one (1) year later to enquire of the citizens if the lots had been bushed. In terms of the Police, the citizens continue to await their intervention.

In the meantime that lower section of Seymour Ave bordered on the north by Fairway Avenue and to the south by Old Hope Road could easily be renamed Prostitutes Row or Crack Alley as prostitutes can be seen brazenly plying their wares day and night and the evidence of drug usage and sale is there to be seen by all. That location has also been the scene of several robberies and rapes coupled with other serious criminal activities but inexplicably the JCF refuses to act. The 3 - 4 acre location has also been the scene of numerous illicit fires but is now perhaps best described as a tropical jungle in the midst of an urban centre, which provides a convenient place of refuge for criminals and their illicit activities. However, there are two high-end multi-storey apartment and townhouse complexes and an office complex on the same section of Seymour Avenue which continue to be adversely affected and the residents and occupants safety compromised by the perpetuation of these activities.

In this matter, the KSAC is obliged as part of its statutory duty in conjunction with the NSWMA to clear those lots, in the face of unwillingness by its owners and bill them for any expenses incurred. The JCF is also duty bound to address the criminal activity which is experiencing exponential growth in this area. The politicians are equally duty bound to effectively represent the collective interests of the persons in their constituency or political division, as the case may be. This situation is untenable and is particularly repugnant in light of the fact that the residents of Seymour Lands arguably pay the highest levels of property taxes in Jamaica but are unable to access any meaningful level of service from an increasingly reluctant State apparatus. The National Anthem entreats Jamaicans to “Stir response to duty’s call” but that lesson has obviously been lost on political representatives and the State (Central and Local Government) alike. This as the State agencies continues to victimize the law abiding residents of Seymour Lands by their lassitude and indolence. Indeed in this scenario, the residents of Seymour Lands, are obviously regarded as no more than TRN numbers and high end property owners who can be routinely tapped as a source of revenue by the State or in the true colloquial phrasing remain “The gift that keeps on giving!”

Smith Out, McMillan In: The Inner-City Saga Part III

As at May 21, 2008, some 610 murders had been committed in Jamaica since the beginning of the year. Such data continues to act as a sober reminder of the breakdown of law and order which now pervades the island paradise. In fact, the national security crisis remains at the forefront of the expressed concerns of the citizenry and is indeed anathema to the investment and development processes. Indeed, for meaningful solutions to be determined there must be increased cognizance of the complex issues and unique community dynamic that confronts all groupings, irrespective of social stratification. In Part I of the current series of articles, focus was placed on the security concerns and issues facing the residents in the more affluent Seymour Lands, Trafalgar Park, the residential sections of New Kingston and other similar communities across Jamaica, which could easily be replicated across other urban centres in Jamaica. Part II sought to highlight some of the issues confronting the Jamaican Inner-City and Part III will now continue the insightful journey into the prevailing informal security and community justice mechanisms as obtains in some inner-city communities in Jamaica with a view to developing meaningful solutions to the upsurge in crime activity as it affects Jamaica in its totality.

Localized “Justice”
Inner-city communities sometimes have their own form of justice whereby the “Area Leader” or “Don” is deemed to be the informal community judge and if crimes are committed within his jurisdiction and the persons identified they are brought before him to be sentenced. Information discerned suggests that sentences could range from a beating to gang rape of a female relative to murder/torture. For his part the “Don”, who is usually not without his political linkages, is not only viewed as the community protector and enforcer but as a sort of Godfather who dispenses largesse usually procured from drug sales, extortion and from proceeds of criminal activity occurring outside of the respective communities. In the event of a robbery and the Area Leader is contacted by a person of influence or power and is so inclined, the stolen items will be returned. Indeed, it can be said of most inner city and peri-urban communities that the local area leader hinders localized petty crime.

However, the most serious infraction that can be committed in the Jamaican inner-city is for someone to be identified as an “informer” or “police informer”. The punishment for this is death or immediate relocation but usually the former. This designation can be accorded for merely speaking to the police too often, attending the police station for undeclared reasons or genuinely providing some pertinent information to the police. It has been argued however, that some rogue police personnel facilitate this process by dutifully advising their cronies in the criminal underworld of information provided and its source, which usually culminates in the death of that person. Indeed, senior officers in the JCF have stated publicly that persons should be wary of whom they give information.

This is mirrored by similar activity under the rubric of politics. If an inner-city resident who is living in a structured inner-city or other types of inner cities with garrison tendencies, is seen talking too often to a known political opponent, is seen to have accepted money or gifts from that person and /or is perceived to be trying to alter the political status quo that person is required to leave the community quickly or is killed. No real fraternization is encouraged across rival political groups and persons are liable to lose their lives because of this. However, in terms of general criminal activity in the inner-city, this tends to vary on a per community basis as all are subject to periodic flare-ups usually associated with gang warfare or heightened political activity.

There is also a fair degree of “thuggery” and extortion in the inner city with respect to community projects. Indeed, it is the norm that persons from within communities expect to be employed on a project occurring within their sphere irrespective of whether they have requisite skills or not. If they are excluded, this can escalate to threats and actual violence. Further, in some cases the political representative becomes involved and again it is not uncommon that work activity is stalled under orders of the Area Leader unless persons from the community are employed. This matter is further compounded if the work originates from the political directorate. Conflicts can and usually do occur if it is perceived that persons from the “wrong” party has gotten an unfair share of the work e.g. road and sidewalk maintenance, gully cleaning among others.

Under - Reporting of Crime and Social Impact

However, it should be noted at this juncture, that there is a problem of under-reporting of criminal activity (excluding murders) in these communities, largely borne out of fear. It is estimated that only 20 percent of crimes committed are reported. Nevertheless, it is worthy of note that in 2002, 69.1 percent of persons in poorest quintile indicated that they perceived that there was either no chance or a small chance of them becoming a victim of crime versus 63 percent in the highest quintile. Indeed, for those persons believing there was no chance of them becoming a victim of crime, the spread between the poorest and richest quintiles was 11 percentage points which reinforces the notion that persons in the poorest quintile feel safer by way of their informal security systems versus other groups.

Finally, the issue of the penal system must be addressed. Aside from the fact that the prisons are populated in the main by persons from the inner-city, the conditions are reportedly harsh with inmates only allowed to have a 3 minute visit per week with one relative / friend, which does not seem to foster a climate for rehabilitation and hence, there is a high probability for recidivism. Further, primarily due to overcrowding, persons who are charged with offences and are awaiting trial, are sometimes placed at the Horizon Remand Centre or in the penal system. In fact, it is worthy of note that the average time between arrest and trial in Jamaica on, for example, a charge of murder is 4 years. Furthermore, if the person is arrested on a drug charge, the law denies the accused, legal aid. Hence, there is a high degree of resentment fostered by this, which is likely to manifest itself as anti-social behaviour at the community level.

See Also
Smith Out, McMillan In: The Inner-City Saga Part II

Smith Out, McMillan In: The Inner-City Saga Part II

Jamaica is in the throes of a National Security crisis with its citizenry largely overcome with fear now willing to embrace any one who they perceive can improve their security with almost messianic fervor. Indeed, it is not uncommon, particularly in the more affluent communities for there to be discussions about a willingness to cede some of their human rights in the hope that this will foster greater successes in crime fighting. However in large part, the more affluent communities and the inner city communities in Jamaica are worlds apart and are driven by a different dynamic which has implications for an optimized security strategy.

While persons in the poorer quintiles rely on the JCF and JDF for protection, those in the wealthier quintiles tend to access additional protection from the private security firms. Security responses to areas populated by those in the upper quintiles also tend to be faster from both the JCF and private security firms. Hence given that security remains a primary concern for most of the island, for meaningful solutions to be determined, there needs to be even a notional understanding of the issues that confront all groupings, irrespective of social stratification. In Part I, focus was placed on the security concerns and issues facing the residents in Seymour Lands, Trafalgar Park, the residential sections of New Kingston and other similar communities across Jamaica, which could easily be replicated across other urban centres in Jamaica. Parts II and III treats with some of the issues confronting the Jamaican Inner-city, whereas Part IV will look at possible solutions to the crisis that confronts the island.

The Jamaican Inner-City
Indeed, the Jamaican inner-city represents a paradox of sorts in that it embraces both formal and informal security mechanisms with the former being relied on primarily in times of extreme hardship. In that regard, there is a love-hate relationship between citizenry and police borne out of a protracted period of alienation between the two groups. Whereas the police are mandated and in fact has adopted as its credo, the notion “to protect and serve”, their interventions in the inner-city are usually in the form of police/military operations inclusive of raids. Though there are some routine patrols and efforts at community policing are attempted, there are most noted for raids.

Ironically, the matter of drug trafficking is almost a mainstay in sections of the Jamaican inner-city and is usually the source of income for the Area Leader. This ranges from marijuana to cocaine and some of the proceeds are used to trade for weapons. In the inner-city, smoking ganja is treated as no more of an infraction of the law than smoking a cigarette, though it remains illegal but cocaine is viewed as a drug. The drug trade has been at the root of several conflicts in inner cities island-wide, a matter that has been compounded by a surge in the number of persons deported to Jamaica. In fact, in 2007 alone some 2,984 such persons across all parishes were sent home. The largest proportion of persons deported to Jamaica in 2007, were those deported for drug offences (33.4 percent). This represents a 2.0 percent decline over 2006. It is interesting to note that most of the persons deported to Jamaica had returning addresses in St Catherine (653 or 21.9 percent), St James (229 or 7.7 percent), Clarendon (288 or 9.7 percent), Kingston (303 or 10.1 percent) and St Andrew (775 or 26.0 percent), which parishes boast the highest incidences of crime collectively accounting for 74.9 percent of all major crimes.

However, access to communities are sometimes impeded as most inner-city communities (particularly structured inner-city communities) have what can be characterized as an early warning system which manifests itself in manned roadblocks and “spotters”, usually armed men ensconced on the roofs of buildings with a mandate to repel any perceived threats. Whereas these early warning systems hinder the police in conducting their duties, the system has been primarily constituted to repel attacks from other communities (usually persons of different political persuasions and gang attacks among others). This as one of the more prevalent criminal activity in the inner cities has been drive-by shootings. Hence, most of the communities have an informal defense mechanism which requires persons including some adolescents to man these roadblocks and alert the community in the event that an attack or perceived attack is imminent.

The police by and large do not endear themselves to these communities as their acts of brutality, questionable shootings and generally anti-social behaviour does not foster good community relations. Indeed, recognizing that persons who generally inhabit these communities are from the poorest quintile, the complaint of damage to furniture and other household equipment and appliances are legendary. Further citizens, from time to time complain that they are subjected to on the spot searches and sometimes beaten for any perceived disrespect shown to the police and military. Citizens in the inner-city are also subject to what has been characterized as “net-fishing” exercises where large groups of males – usually between the ages of 18 – 24 – are placed in trucks and carried to a police station for “processing”. The police justify this by claiming that this is needed to determine whether or not these persons are wanted by the police, for questioning or whether or not there are any outstanding warrants for their arrest. However, the residents claim that this so-called “processing” usually involves ascertaining the persons name and address and precious little else.

The credibility of the JCF is not enhanced by forays into some communities and after expending thousands of rounds of ammunition, they have not effected any arrests, recovered any weaponry. Their credibility in terms of crime suppression is also questionable as traversing particularly the streets of the KSA at night it is not unusual to see persons near or in inner-city communities toting illegal weapons – usually high powered weapons- with impunity. The police are also notorious for detaining persons for relatively long periods of time without charge and without any legal representation. Indeed, the Jamaican court system is replete with writs of habeas corpus filed by attorneys-at–law seeking to have their clients released. These types of activities have led to formation of local Human Rights Groups such as Jamaicans for Justice (JFJ) and Families against State Terrorism (FAST). However, the police have a well-established complaints mechanism by way of the Bureau of Special Investigations (BSI), which routinely investigate questionable police shootings, and the Police Complaints Bureau, which investigates complaints about police excesses.

“Sweepers” and “Gun-Bags”
The inner-city communities boast their own structure in terms of crime scene management and criminal activity whereby after a particular ferocious and protracted battle with the security forces persons designated as “sweepers” (often-times children) are sent out to recover all spent shells. The children in some communities are oftentimes designated “gun-bag” – a designation referring to the person who actually has the weapon in his/her possession to be passed on to the adult for usage. The applied logic discerned was that under Jamaican law a child below the age of 12 cannot be deemed to be capable of committing a crime and so even if detected the worse that could happen, apart from being killed, would be that child be put in a place of safety or some other approved juvenile facility. Furthermore, the males in these communities tend to be reticent in the event of a police operation leaving the women and to some extent the children to “articulate” their collective disgust with the intervention. This does not seek to suggest that all are involved in this activity but the voices and actions of the few tend to tarnish the community’s reputations and perpetuates the cycle of violence.

See Also

First Major Change in Golding Cabinet: Smith Out, McMillan In

Zero Tolerance for Populist Posturing Mr. Commissioner!

"The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it." That was the word from Commissioner of Police Rear Admiral Hardley Lewin, on Friday March 28 2008, as he gave warning that the police would thereafter be applying a zero tolerance approach to breaches of the Noise Abatement Act. However a scant six weeks later the police have reportedly given consent to Summerfest Productions promoters of Reggae Sumfest for the reggae festival to go beyond the prescribed 2 am cutoff point for outdoor music activity which had received the requisite permits from the Jamaica Constabulary Force and in keeping with the tenets of the Noise Abatement Act.

Indeed according to Robert Russell Chairman of Summerfest Promotions, the July 13 – 19 event has been afforded special privileges by being designated a “national festival.” Needless to say, the designation of “national festival” or any special privileges that accord to such a designation is not found in the Noise Abatement Act. In fact according to the Gleaner, Russell states “We have been designated a national festival. That consideration is because of the number of foreign visitors we attract. That is about 5,000 visitors and US$5 million in revenue. So we have been afforded the privilege of going later than 2 am. We will close the festival at the normal times,” he said. However, it is well known that the normal times for the closing of such festivals are usually around 7 or 8 am.

Further, if this designation is valid is it available to Sting, East Fest, Heineken Startime and the countless other large music festivals that occur in Jamaica from time to time? Further if the law is to be selectively interpreted on the basis of the quantum of persons attending and potential revenue flows, then why not similar consideration for all and sundry. In other words, in granting this music festival exemption from the law, the Commissioner and his team have succeeded in completely undermining the tenets of the Noise Abatement Act, dashing the hopes, dreams and confidence being reposed in him regarding the enforcement of the Noise Abatement Act by a victimized populace and has also heralded an era of arbitrary law enforcement and governance which has no place in a modern democracy.

In other jurisdictions notably London in the United Kingdom and Atlanta in the USA, the cutoff time for outdoor concerts is 11 pm and in fact a similar cutoff time also affects the popular Radio City Musical Hall in New York. Interestingly, venues such as Hyde Park in London routinely accommodate crowds of 50-thousand persons and more but rigidly adhere to the 11 pm stipulation. In Jamaica, the law is far more liberal with allowances being afforded up to 2 am on weekends, however the Commissioner and his team have basically disregarded the law because according to Reggae Sumfest “we have been designated a national festival,” and will allow this concert to go on until it comes to a natural end. Whereas Reggae Sumfest is occurring in Montego Bay, the lessons emanating from this new JCF posture has national implications. Hence for the people of New Kingston and surrounding areas, they must continue to endure in dignified silence while being buffeted every weekend by Noise Pollution emanating from many nearby sources while the Commissioner apparently panders to the media but reverses his posture once the lights go out. The law in Jamaica is truly not a shackle, but merely a state approved mechanism to facilitate the errant behaviour of a connected few.

See Also

Know the Law: The Noise Abatement Act

First Major Change in Golding Cabinet: Smith Out, McMillan In?

It is now being widely reported that former Police Commissioner Colonel Trevor McMillian will replace the embattled Derrick Smith as Minister of National Security a mere eight months in the life of the Golding regime and after Smith shadowed that portfolio for 13 years while in political opposition. While this move may be characterized by its critics as being a mere palliative to appease an increasingly frightened populace, it represents an opportunity for the Government to amend its policing and security policies in an effort to improve their efficacy. Indeed, Jamaica has the dubious distinction of being recognized as the murder capital of the world – given the highest per capita murder rate, followed by El Salvador, Guatemala and Venezuela. Jamaica’s per capita murder statistics are particularly chilling, in so far as they are approximately 8 times what obtains in North America and approximately 30 times the Western / Central Europe average. Indeed as at 2007, the number of reported crimes in Jamaica increased, resulting in an 15.8 percent in the overall crime rate to 1,244 per 100,000 relative to 2006 when it had declined to 1,074 per 100,000. The murder rate also increased to 59 per 100,000 in 2007 versus 50 per 100,000 recorded in 2006. Further with the 500 mark already being exceeded for 2008 to date, in terms of murders and some 119 murders being committed in the month of April alone, Jamaica seems on track to achieve another record year in terms of murder.

The residents of the Seymour Lands, Trafalgar Park and the residential sections of New Kingston while being in the main spared by the escalating murder rate are not taking any chances, with an estimated 50 – 60 percent of all homes being involved in some formal arrangement with one of the private security firms or an informal arrangement with individuals to provide services. However, perversely, the continued success of the private security industry in these communities and the wider Jamaican society is predicated on the continued instability of the society. For its part, the Jamaica Constabulary Force (JCF) is perceived as being understaffed and under-funded and in need of support in an effort to meet the challenges of today’s crime-ridden society. In this regard for some time now there has been bi-partisan agreement that the establishment of the force should be increased to a minimum of 10,000 from 8,500 but to date nothing has been done

Further, one of the most visible results of Jamaica’s consternation regarding the escalating crime rate is the increasing number of gated communities, as obtains primarily in Seymour Lands and the residential sections of New Kingston, that have been built in an effort to promote the safety of inhabitants. Whereas in the Jamaican context this usually describes an apartment or townhouse complex there are a few which actually describes a group of suburban street blocks whose road exits have been fenced off with the exception of one or more entrances that are monitored by guards, usually employed by a security company most notably Westgate Hills in Montego Bay and the Long Mountain Country Club housing scheme in St Andrew. Legally, the access gates in a gated community are not supposed to deny anyone access; however they nonetheless serve the purpose of deterring traffic and unwanted individuals, and much better monitor the people entering and exiting the gated communities, usually with a register of vehicle license plates or other information. Having a house within a gated community therefore tends to increase its value, and significantly reduces traffic within the gated community.

The communities of Seymour Lands, Trafalgar Park and the residential sections of New Kingston are served by the Matildas Corner and Half Way Tree Police Stations, with additional support being available through the New Kingston Police Post. Nevertheless, the citizenry perceives that they require private security services. This is guided by the fact that the police have been unable to control the incidents of house breaking and larceny, armed robbery, petty thefts, drug pushing, street prostitution and the proliferation of sensuous massage parlours which obtain in the communities despite the Police boasting a national clear-up rate of 79.3 percent in 2007. However, in the Jamaican context “cleared-up” does not mean the successful prosecution of a suspected offender, merely the apprehension or death of a suspect of a particular crime. Indeed, the Police strategy was summarized by Senior Superintendent of Police Reneto Adams who a few years ago publicly dismissed the age old legal maxim that a person is “Innocent until proven guilty in a court of law” as mere “semantics.” Further, the response times from the private security entities are considerably faster, routinely ranging from 3 to 5 minutes whereas in the case of the Police, the responses can range from as low as 3 minutes to hours or non-arrival. This is not aided by the inordinate delays in the answering of the 119 emergency numbers on occasion.

In the final analysis Derrick Smith is likely to be just another casualty of the difficult Ministry of National Security portfolio and his removal will perhaps signal the end of a political career. Calls for his resignation begun almost at the inception of his appointment, escalating to the point of an online petition calling for his dismissal and expressing an absolute lack of confidence in his abilities, albeit within an 8-month period including a month long absence because of illness. For his part Colonel McMillan upon his appointment as Police Commissioner some years ago was asked during an interview with noted talk-show host Wilmot Perkins “Do you think you can walk on water?” Whereas the response was obviously no, the imperatives that face Col McMillan are significant and in fact are even more daunting than what obtained in his abbreviated stint as Commissioner. No doubt he will be seeking to establish his bonafides quickly and seek to fast track the implementation of his 2006 Crime Plan titled "A Roadmap to a Safe and Secure Jamaica", however his exuberance must be guided by the adage “There is no peace without justice”!

Commish Turns Attention to Night Noises

After decades of complaints, the citizens of many urban centres in Jamaica are now boasting new hope regarding the vexed issue of night noises. This renewed hope is founded on the reported assurances provided by newly appointed Commissioner of Police Rear Admiral Hardley Lewin that he will be receiving recommendations by Friday April 4, 2008, with a view to dealing with the issue of night noise and the enforcement of the Noise Abatement Act. Speaking on Monday, March 31 2008, at the Jamaica Constabulary Force (JCF) monthly press conference, the Commissioner is reported in the Gleaner as saying that "The matter of night noise is distressing not to just me personally, but to those people who have to suffer underneath it and we have to put a stop to it…..Clearly, we have to do a lot more than we have been doing now and change the way we have been doing it, and we are going to use means available to us." The Commissioner also indicated that the recommendations would look at the permitting and the policing of night events.

This is particularly comforting for the residents of Seymour Lands, Trafalgar Park and the residential sections of New Kingston which have been afflicted by Night Noises for a number of years and been further frustrated by the inability / unwillingness of the JCF to enforce the Night Noises Act (1997). A classic example of the casual disregard that the law has been treated with is the annual J’ouvert celebrations, inclusive of a road march, which commences at or about 2 am. However Section 3 of the Noise Abatement Act 1997 also colloquially referred to as the Night Noises Act, states that no person shall, on any private premises or in any public place at any time of day or night-

(a) sing, or sound or play upon any musical or noisy instrument; or
(b) operate, or permit or cause to be operated, any loudspeaker, microphone or any other device for the amplification of sound;

in such a manner that the sound is audible beyond a distance of one hundred metres (328.1 feet) from the source of such sound and is reasonably capable of causing annoyance to persons in the vicinity so, however, that where during the period specified in subsection (4) such sound is audible beyond that distance in the vicinity of any dwelling house, hospital, nursing home, infirmary, hotel or guest house, such sound shall be presumed to cause annoyance to persons in that vicinity.

Subsection (4) of the Noise Abatement Act specifically refers to that time interval between:

(a) 2 0’clock and 6 o’clock in the morning on a Saturday or Sunday; and
(b) Midnight on a Sunday, Monday, Tuesday, Wednesday or Thursday and 6 o'clock in the following morning.

Hence, if these celebrations had indeed received the requisite permits prescribed under the law from the Police, such permits would have been granted in contravention of the Noise Abatement Act (1997). Therefore for the Commissioner’s new thrust to tackle night noises to have the requisite effect, cognizance must be taken of the actual tenets of the law and control mechanisms instituted so that the JCF itself is not held to be complicit in the facilitation of any potential breaches.

Whereas, due deference must be given to the citizen’s right to entertainment, there is need for order in the pursuit of such enjoyment and it is in that regard that the Commissioner’s interventions must be viewed. The residents, particularly in residential sections of New Kingston, are being buffeted by frequent street dances and by Stage Presentations at Mas Camp on Oxford Road and other places of entertainment with no attempt being made to modulate the sound, much to their discomfort. Not to be outdone the residents of Seymour Lands and Trafalgar Park are equally affected by Night Noises.

In fairness, the personnel at the New Kingston Police Post led by ASP Cameron has exhibited intolerance to the flagrant breaches of the Noise Abatement Law in that particular area but it is clear that there is an insufficiency of personnel to treat with this matter, as well as matters of jurisdictional encroachment, which tend to stymie the efforts. Order is a necessary condition for the development of any society and therefore citizens in affected communities are looking to the JCF yet again, in hope that this initiative to treat with night noises will be successful.

See Also
Know the Law: The Noise Abatement Act

Crime, Fear and the Jamaican Private Security Firm

WARNING: Some of the images in the above are graphic and hence discretion is advised

Several Jamaican residential communities have now turned to the private security industry to provide auxiliary security support in the face on a protracted crime surge and the island being bestowed with the moniker “Murder Capital of the World”- consequent on having the highest per capita murder rate. In this regard, the communities of Seymour Lands, Trafalgar Park and the residential sections of New Kingston are not exceptions, with an estimated 50 – 60 percent of all homes being involved in some formal arrangement with one of the private security firms or an informal arrangement with individuals to provide services. However, perversely, the continued success of the private security industry in these communities and the wider Jamaican society is predicated on the continued instability of the society. For its part, the Jamaica Constabulary Force (JCF) is perceived as being understaffed and under-funded and in need of support in an effort to meet the challenges of today’s crime-ridden society.

In fact, householders are paying substantial sums of money not only to have private guards patrol their communities, gated or otherwise, but they have also invested heavily in panic buttons and other alarm systems. Further some gated communities who are unable to afford the private security fees have decided to engage the services of “gatemen” who are paid at the level of security guards and which provide de facto security services where necessary. There are also communities who have or are seeking to implement neighbourhood watches – where groups of citizens patrol their respective communities and develop their own early alert mechanism in the event any potential criminal activity is determined.

However it should be noted that the communities of Seymour Lands, Trafalgar Park and the residential sections of New Kingston are served by the Matildas Corner and Half Way Tree Police Stations, with additional support being available through the New Kingston Police Post. Nevertheless, the citizenry perceives that they require the private security services. This is guided by the fact that the police have been unable to control the incidents of house breaking and larceny, armed robbery, petty thefts, drug pushing, street prostitution and the proliferation of sensuous massage parlours which obtain in the communities. Further, the response times from the private security entities are considerably faster, routinely ranging from 3 to 5 minutes whereas in the case of the Police, the responses can range from as low as 3 minutes to hours or non-arrival. This is not aided by the inordinate delays in the answering of the 119 emergency numbers on occasion. Nevertheless, presuming the accuracy of recent claims that the major crimes are trending down, it remains unclear whether there has been a concomitant increase in arrests and indeed if the improved statistics can be attributed to more efficient policing or to the involvement of the private security entities. Indeed, the impact of the JCF is further undermined by their inability / unwillingness to enforce the Noise Abatement Act (1997), which leaves many residential communities feeling vulnerable and turning to private services.

Whereas it is clear that auxiliary services, such as the private security firms can never replace the Jamaica Constabulary Force, there is an obvious need for increased personnel. As at March 2006, there were some 12, 891 security guards relative to 8, 100 members of the police force (out of an establishment figure of 8,500). There is also the obvious but chronic shortage of equipment facing the JCF relative to the private security industry. As one homeowner laments “When we were growing up, the police would routinely conduct neighbourhood patrols and would on occasion stop and check on individual dwellings (particularly the elderly) to see if they had any particular concerns about their security. Those days are long gone but then in a country where an $80 million price tag for a motor car is deemed “reasonable” can we be surprised?”

See Also
The Case Against Mixed-Use Developments Part 1