Jamaican Government to Seize and Sell Lands for Unpaid Property Taxes

“We are going to seize anything of worth that you may have for the value of the outstanding taxes and if that is not enough we are going to take the body to court”. That’s the most recent threat leveled by Acting Commissioner of Inland Revenue, Viralee Lattibeaudiere, as she addressed a recent joint press conference at the KSAC. Mrs. Lattibeaudiere also disclosed that persons would be recruited for training as bailiffs and that space would be rented to store seized goods. The Acting Inland Revenue Commissioner also advised of the Governments intention to reactivate the Quit Rents Act under which persons properties would be seized and sold for unpaid property taxes. "This is how serious we are going to get. I urge individuals to heed the Minister's call to pay up arrears. It will not be business as usual," she warned.

Quit Rent is a form of levy or land tax imposed on freehold or leased land by a higher landowning authority, usually government or its assigns. Some governments have now abolished the quit rent system and relieved those with a nominal quit rent obligation from the requirement to pay it, replacing quit rents with a uniform system of land tax. However in other countries, such as Malaysia, quit rent remains an important means of raising revenue from landowners. A full copy of the Quit Rents Act is provided below:

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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.

JUTC Chairman Silenced: Murder Most Foul

The assassination of JUTC Chairman Douglas Chambers on Friday June 27, 2008 at the company’s Spanish Town headquarters, has sent shock waves throughout Jamaica not only in terms of the dastardly and cowardly nature of the attack itself, but moreso by the fact that it represents an assault on civil society and particularly on those persons voluntarily offering themselves for leadership whether at the national or even community level. That Mr. Chambers was convinced by the Government of Jamaica to lead a process of reformation of a financial hemorrhaging state enterprise, also marred by corruption, was daunting enough but his murder perhaps by design is likely to have a chilling effect on those few persons who often serve on Government boards at no pay but for the rewards of seeking to make a meaningful contribution to their country. Similarly, there are several Community Based Organizations (CBOs) and Non Governmental Organizations (NGOs) in Jamaica whereby the persons in leadership positions are not necessarily paid but in fact are forced to confront the State and its satellite agencies in situations whereby through its collective indolence or lassitude threatens to or actually compromises the quality of life of the affected citizens.

In Jamaica today what the Chambers murder would suggest is that anyone who seeks to challenge the status quo will be silenced. Indeed, the challenge facing the Government at this point is how to convince people, who in the most part are reluctant to serve on State boards for fear of political branding and subsequent career backlash, to step forward. At the level of the CBO and NGO communities however, this represents a call to arms, as cowering in fear or retreating into relative safety of silence will not stop anything, as it only emboldens those who seek to victimize others.

The Jamaican political dynamic really reflects a culture whereby colloquially it is often said that supporters of the ruling JLP “fall in love with their leader” whereby in the Opposition PNP their supporters “fall in line behind their leader”. However, this does not necessarily mean that the best minds are available from either party for public service and hence others who are perhaps unconnected but are known for their stewardship in other endeavours may be tapped. With regards to CBOs and NGOs, for them to be effective, they must remain politically detached and therefore do not have the luxury of either falling in love or falling in line and often times find themselves at loggerheads with the political directorate which usually leads to accusations of being partisan. This is of course compounded by reckless statements from the political directorate, which usually in pandering for votes, seek to deflect blame from themselves by seeking to designate any grouping critical of their actions at specific points as having partisan predilections and by so doing deride any concerns raised. This is borne out by the treatment of NGO’s such as Jamaicans for Justice (JFJ) and Families Against State Terrorism (FAST), both of which were formed as a response to the unchallenged excesses of Jamaica Constabulary Force in the late 1990s, but which were conveniently deemed by segments of the political directorate as “hugging up gunmen” and being ‘anti-police”.

That Jamaica is a place the rewards indolence and punishes diligence is not in question as the almost daily utterances by the political directorate continues to pander to a group of persons in this society who “live free” and are not guided by the norms which inform any modern civilized society. Indeed, squatters are now to be paid for their solid waste instead of being removed whereas in some communities property taxes have been increased by nearly 500 percent; some communities which have been designated by the NWC as “Red Area” pay absolutely no utilities or taxes but have the full backing of their political representatives; persons for specified communities (particularly the structured inner cities – garrisons) who failed to pay in full for their homes will be given the title and the debt written off whereas persons in similar circumstances in other areas routinely lose their properties at auction; and the laws related to squatting or ‘spontaneous settlement” only govern Crown Lands, literally ignoring the dilemma of the private landowner. Hence, there is a view that anyone that seeks to challenge the status quo is against the poor and must be silenced. However, the majority of the population does not have that latitude and must continue to defend their rights as guaranteed under the Jamaican constitution and cannot afford to cede their communities to the lawless as the politicians are wont to do. Douglas Chambers by all reports stood tall in his quest to reform the JUTC, never relinquishing his principles and his efforts therefore must be lauded. It would be an insult to his memory and those of other like minded public servants who had predeceased him to abandon the process of reformation and continue to cede Jamaica to lawless and anti-social elements who would wish to plunder and pillage the islands resources with impunity.

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!”

WANTED: A Pied Piper For New Kingston

The commercial district of New Kingston and the adjoining residential communities are being overrun by rats and primarily through State indolence, absolutely nothing is being done to combat the situation. Indeed, the situation has become so acute that the Police are now cautioning visitors to New Kingston and residents of nearby residential communities to check the engine compartments of their cars after conducting business in New Kingston for rats. Ironically, the New Kingston Police Post has been a victim of this situation as well, in so far as at least two (2) service vehicles have been reportedly disabled after rats chewed several wires and cables in the engine compartments of the respective units. This problem is being replicated in Seymour Lands and is also attributable to the poor solid waste disposal mechanisms of restaurants operating illegally in the community coupled with equally poor construction waste disposal practices in a community that has been literally teeming with new construction projects.

Repeated complaints have only led to cursory action by the State in New Kingston with no real sustainable and effective strategies being employed to tackle the root causes of the rodent infestation. In the residential communities, there have been no interventions by either central or local government agencies to either combat the rodent infestation or treat with the appalling solid waste disposal practices of restaurants which are also operating in breach of the restrictive covenants and zoning laws governing these communities. Similarly, though there have been repeated complaints to the Kingston & St Andrew Corporation (KSAC) complete with photographs clearly depicting the issue of inadequate disposal of constructive waste, there has been no effort to treat with the situation by the local authority.

Indeed, the indifference of the state apparatus is now so stark that a relatively new restaurant in Seymour Lands, which have been repeatedly found in breach of the Noise Abatement Act by the Police, had been operating without a spirit license, been the scene of numerous robberies and at least one rape, has recently been granted a spirit license by the State, with no reference to the citizenry which had repeatedly objected to the varying untoward activities being conducted at the location. This is particularly poignant since the approval was granted immediately after the Police had reportedly successfully prosecuted the owners for operating without a license.

Therefore, yet again the pronouncements by the KSAC about zero tolerance are seemingly attention grabbing headlines tailored for an eager press rather than a statement of intent to confront the real issues affecting communities. Indeed, in this new dispensation where Local Authorities, including the KSAC, are slated to be given more autonomy, there has to be a greater degree of accountability for the local authorities. The residents of Seymour Lands and New Kingston arguably pay the highest property taxes in Jamaica, with taxation levels in the past routinely exceeding $100,000 per annum in instances but yet have little or no representation in terms of local governance. The communities at best receive a polite hearing from the local authority but very little is usually accomplished. In the present scenario, the matter is critical as residents fear an outbreak of leptospirosis, as the communities are being overrun by rats and no longer have the impetus or time to engage in meaningless banter with an inefficient and ineffective local government apparatus which refuses to fulfill its statutory obligations. Apparently, in the new dispensation only court action will rouse them from their slumber as the Local Authorities must be held to a higher standard of accountability and performance.

Developers Stung As NEPA Rejects Applications in Droves

Obviously stung by years of criticism about their role in regularizing and facilitating developments which have breached the approvals process, the National Environment and Planning Agency (NEPA) has now sought to heighten its enforcement activity and finally adopt a zero tolerance approach to the process. However, NEPA has also given itself considerable "wiggle room" in terms of the Government’s 90-day timeline for approvals by essentially discontinuing the processing of applications which are either incomplete or have not received timely responses from other stakeholder agencies in the approvals process. These applications are returned to applicants who have the right to re-submit if they so choose.

This has led to considerable disquiet as developers and even some State Agencies are complaining that their applications are being rejected in droves even under circumstances where they are not at fault. However, they are not gaining much sympathy from the citizen’s advocates and environmentalists who contend that it is better to err on the side of caution than to facilitate an opportunistic process whereby according to Jamaican Prime Minister Bruce Golding, applications for which there has been no response from NEPA within 90-days should be deemed approved and development commenced. To clarify these issues, NEPA has issued the following statement:

“The National Environment and Planning Agency (NEPA) is committed to processing applications within the shortest possible time and have been upgrading its processes to meet and even reduce the 90 days timeline. In implementing this initiative, the Agency has adjusted the timeline within which responses are to be submitted, whether from applicant(s) and/or other Agencies of Government.

There will be strict adherence to the guidelines and checklists for all applications which are submitted to NEPA as well as the local authorities. Applicants are required to comply with these guidelines in keeping with Jamaican laws. Failure to do so will result in immediate enforcement action. Absolutely no incomplete applications will be accepted.

Submission of Applications
As a regulatory Agency, NEPA is required by law to consult with other government agencies in reviewing all applications for development projects. Given this legal stipulation, NEPA will discontinue the processing of all those applications for which outstanding comments from other government agencies have not been forthcoming after a thirty day period. Additionally, applicants must submit all supporting documentation within thirty days of making an application. Failure to make the submission within this thirty day window will also result in the discontinuation of the processing of the application. The application will then be closed and returned to the applicant. The applicant is free to resubmit the application along with the supporting documentation and the attendant application fee, to resume the applications process. NEPA will advise such applicants accordingly.

Planning Permission and Environmental Clearance
Under government regulations planning permission cannot be granted to any developer without environmental clearance. Consequently, all planning applications also awaiting a decision for an environmental application will be placed on hold until a decision is made. Clients whose applications have been put on hold for this specific reason will be informed in writing.

Developments in Breach
NEPA will discontinue the processing of applications for any developments which are in breach. This includes, but is not limited to development projects on which construction has started without the relevant approval. The processing of the application will not resume until the developer is in compliance with NEPA guidelines. The applicant must state in writing to the Authority when and how breaches will be addressed. The correction or addressing of breaches begins with the payment of an administrative fee. The length of time taken to achieve compliance will determine whether or not applicants will have to re-apply. “

See Also
Jamaica: The 90-Day Approval Process Revealed

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”!

RIU Controversy: Building Approvals Merely Indicative Not Binding

“Although RIU maintains that these revised plans were submitted to the Parish Council and approved, the sequence of events cannot be accurately reconstructed.” That’s the response of the RIU Hotel Group to the growing controversy regarding the construction of an “illegal” fourth floor at their property in St James, in defiance of previous rulings by the National Environment and Planning Agency (NEPA), St James Parish Council (Local Authority) and the Civil Aviation Authority. However in a now characteristic strategy adopted by local authorities island wide, “RIU will resubmit the revised plans to the Parish Council who will forward copies to NEPA and the other relevant agencies to have the three buildings with four storeys approved.” In other words, though breaches have occurred in terms of the number of floors constructed, the local authority and other regulatory bodies are now willing to engage in a re-assessment exercise which could lead to the retroactive approval of these “revised plans”, which had inexplicably been stamped and approved by an official of the Local Authority. Indeed for there to be any re-consideration by the regulatory agencies, would also seek to suggest a degree of flippancy and arbitrariness in the original determination, in so far as no new material fact has been brought to bear pointing to an initial error, nevertheless reconsideration of a blatant breach is now a viable option

This issue raises a number of questions which have particular relevance to the communities of Seymour Lands, Trafalgar Park and the residential section of New Kingston, given that they routinely face similar challenges coupled with the fact that in the main all Local Authorities are similarly organized:

Has the Local Authority sought to perform a forensic audit into all approvals which were signed and thereby granted by the same senior official implicated in the RIU controversy and in that vein what assurances, if any, can be provided that other projects have not been similarly compromised?

Are building approvals granted by the Regulatory Bodies inclusive of the Local Authorities merely indicative or are they meant be binding upon a developer?

What are the effective versus notional processes of oversight within the Local Authority to ensure that the integrity of the approvals process is maintained?

Does the local authority have the legal standing to be the sole arbiter in the approvals process when substantial amendments to building plans are approved and if not what are the functional systems replete with internal checks and balances to ensure that other regulatory agencies namely the National Environment and Planning Agency and the Town and Country Planning Authority are duly consulted?

The fact that the controversial “fourth floor” has reached the stage where it has already been primed for painting, how is it that the breach is only now being detected by the Regulatory Agencies and what are the implications for the inspection and verification processes regarding the quality of work done in this and other projects falling under the jurisdiction of the local authority?

What percentage of breaches eventually uncovered by the Local Authority lead to negotiated settlements with the developers versus demolition of the sections found to be in breach and if negotiated settlements have been principal strategy utilized, what additional strategies are being employed to preserve the integrity of the approvals process?

The fact that the Local Authority and the other regulatory agencies are even willing to reconsider at this stage their previous decision to allow only three storey buildings at the RIU site, undermines the approvals process. Indeed, it suggests that building approvals granted by these agencies are merely indicative and not binding and highlights an absence of political will to enforce the rules. Whereas this explains the plethora of questionable building projects in Seymour Lands and the residential sections of New Kingston, this public fumble by the regulatory agencies will only succeed in providing additional impetus to unscrupulous developers who subscribe to the notion that “the law is not a shackle that enslaves but merely a tool of social engineering.”

Forensic Audit Into Approval Process Needed

There is need for a comprehensive investigation, inclusive of full forensic audit into the building approval and enforcement processes in Jamaica. This being the inescapable conclusion, after the latest misstep which has been uncovered regarding a major hotel construction site in St James where reportedly but inexplicably a previously unauthorized fourth floor construction plan received surreptitious approval by way of a senior staff member of the local authority, but without the formal knowledge and approval of the St James Parish Council and the National Environment and Planning Agency (NEPA). Further, the amended construction plans were reportedly found in the Parish Council files, duly signed, stamped and allegedly back-dated, where they may well have remained buried, if the issues at hand did not involve a glaring issue of public safety.

Whereas, Mayor Charles Sinclair has ordered an immediate investigation into the most recent development, this may well be deemed to be insufficient, as there has been such a loss of legitimacy of both the Local Authorities (Parish Councils and KSAC) island wide and NEPA in terms of approvals and enforcement, that only an island wide probe ordered by Prime Minister Golding, will suffice at this time. Further given this alleged untoward development in St James and the long standing and deep rooted suspicions regarding the approval process, the State is incapable of providing credible assurances that similar occurrences do not or have not obtained in other parishes.

Indeed, examples of questionable approvals and poor enforcement has spanned decades and affects all parishes. In the case of the Golden Triangle and the residential sections of New Kingston, there are several examples of construction projects being given approval to construct for example studio apartments, only to have them later converted to one and two bedroom apartments. There has been illegal construction of basements and the state stipulations about setbacks, reserved green space and plot ratios remain largely academic. However in each case there would have to be a multi-agency review of plans coupled with site inspections bolstered by Surveyors and Architects reports coupled with the interventions of other industry professionals, so it remains inconceivable that obvious breaches would remain undetected. Indeed, so pervasive has been this activity, that the Trafalgar Council has on the basis of the Planning and Development manual published in 2007 by NEPA, declared “Most New Construction in Golden Triangle is Illegal”.

This is equally evidenced in other parts of the Corporate Area, with multi-storey dwellings and commercial buildings being constructed with absolutely no setback from boundary lines and yet being only detected, conveniently, when construction was either completed or near completion. To make matters worse, several of those projects were constructed in the midst of busy thoroughfares, teaming with vehicular and pedestrian traffic on a daily basis, yet the regulatory bodies claimed to be oblivious, until it was functionally too late. Equally in terms of enforcement, several blatant breaches have been reported over periods of time spanning decades with minimal to no action being taken. While cognizance is taken of a lack of agency capacity, the inordinate delays in investigation and the failure to follow-up raises serious issues about the integrity of the process. A simple example of one of the more nonsensical incidents involves the sudden failure to locate the addresses of commercial buildings boasting large signage displays and operating on popular roadways in the midst of residential communities, by personnel from regulatory agencies to serve enforcement notices or investigate breaches.

Similarly, in terms of several new constructions on the North Coast of Jamaica, setback ratios are routinely breached and issues such as sewerage disposal are so ineptly dealt with that questions regarding the process of oversight must be raised. Again, the breaches are so glaring that it would be impossible for them not to be determined by the regulatory bodies.

This lends additional credence to the oft-quoted aphorism that “…it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. In fact Lord Chief Justice Hewart in his ruling further advised that “Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice”. Whereas these comments form the basis for the precedence, under English Law, establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision, prudence would dictate that the Local Authorities, NEPA and the Town and Country Planning Authority among others be guided by its far reaching applicability and implications.

This, therefore raises the issue yet again, as to the role of the political directorate in the approval process particularly at the local level. Whereas in the instant case in St James, the Parish Council did not reportedly grant approval for the fourth floor of the hotel complex, there is a view that politicians at the local level across the island, have too much influence over the approval process and the prevailing ethos is such that it can actually foster corrupt activity, if persons are so minded. In this vein, Prime Minister Golding’s suggestion that a single entity be established to treat with building approvals may well be part of the solution, however in the interim, it seems only appropriate that a radical staff restructuring exercise be embarked upon involving employees associated with building approvals and enforcement in the regulatory bodies and that political personnel populating the critical planning committees be rotated off these bodies. Indeed, at the level of membership of the Town and Country Planning Authority and the Board of Directors at NEPA, it would seem appropriate that such appointments be limited to 12 month intervals, preserving the integrity of the process and again reducing even the perception of corruption. These entities all have substantial power and in the absence of functional oversight can become corrupted and hence the appropriate system controls must be instituted to preserve the integrity of the process.

For too long have accusations been levelled about corruption and cronyism, regarding building approvals in Jamaica and its therefore timely for a full forensic audit to be conducted and a dispassionate determination of the truth made. In the event corruption and graft is discovered, those responsible would be expected to be punished to the fullest extent under the law.

Re-Engineer the Approval Process in Jamaica

“All I wish is for my children to be able to take a breath of fresh air in Jamaica by the time they are forty years of age!” For many Jamaicans, this has become their singular yet unselfish ideal, borne out of enlightened self-interest, given the environmental degradation being occasioned by the poor oversight responsibility exercised by the regulatory agencies coupled with a paucity of political will. Indeed for many, their dreams have been shattered by decades of economic malaise and a mounting casual disregard by the State for proper urban planning strategies, which are being sacrificed on an altar of expediency and short-termism. For example, in Seymour Lands and the residential sections of New Kingston, the current building boom while been marked by widespread breaches of the State’s regulatory framework for urban planning, also highlights the contempt with which sustainable environmental practices are treated. However, this contempt is also being replicated across the other urban centres in Jamaica. Some of the imperatives are highlighted below:

Legal Overhaul
Indeed, while there is heightened construction activity in Seymour Lands, there remains no enforceable mechanism to treat with Air Pollution emanating from construction sites and even for the appropriate disposal of construction waste. Whereas a protocol does exist for the Disposal of Construction Waste, it is breached with impunity and therefore has lost its legitimacy. As a result it is estimated that the air quality in the above community has deteriorated by some 30 – 40 percent, with the attendant increases in respiratory ailments among the citizenry. This points to the need for a protocol which is actually enforceable. Further, it is critical that the laws governing construction activity in general be reviewed. For instance, the Building Code which currently obtains in Jamaica was drafted in 1907. Similarly development in Kingston and St Andrew is supposed to be guided by a Development Order prepared in 1966, however in the current context there is seemingly a more laissez faire approach to development. Equally the principle of adverse possession and the Limitations of Action Act need to be revisited and placed in a modern context to facilitate orderly development and once and for all discourage antisocial activity inclusive of spontaneous settlement (squatting) on private lands. Current squatting laws only protects Crown Lands and therefore reflects a deficiency that should be addressed with urgency. Therefore in essence there is need for a comprehensive review of all laws governing development in Jamaica inclusive of the NRCA Act which should be amended to facilitate the compulsory consultation of the citizenry regarding any developments within their respective communities.

Densities and the Environment
Similarly, the matter of linking increased densities to access to a central sewer line would deceptively appear to indicate environmental consciousness on the part of the State. However, in the context of the parishes of Kingston and St Andrew, the Soapberry Waste Water Treatment Plant is now just being commissioned into service putting to an end a period of years when there were no functional treatment plants. Even so, according to KSAC Mayor Senator Desmond McKenzie only 35% of residencies in the Corporate Area are attached to the sewer system with the majority in the foreseeable future continuing to rely on more traditional waste disposal mechanisms. However, just being in relative close proximity to the sewer line (attached or not) in Seymour Lands and other areas increases the density from 30 to 50 habitable rooms per acre and attracts a 100% surcharge on water bills, whether or not there is a functional treatment plant. Further, this has not impacted the continued flow of 20 million gallons of waste water and 1.5 million gallons of solid waste into the Kingston Harbour daily and puts paid to any notion of environmental sensitivity on the part of the State.

Enforcement
Similarly, stipulations for plot ratios, setback ratios and the minimum green area space established by the National Environment and Planning Agency (NEPA) are equally frequently breached facilitating a sustainable development crisis in many urban centres in Jamaica. To compound this issue, there is a lack of capacity at the level of the local authority (in this case the KSAC) and NEPA to engage in a meaningful and sustainable enforcement and monitoring exercise. For example, the KSAC now boasts a complement of 6 Building officers up from 2 in 2006/7, to police all construction activities and enforcement issues across the parishes of Kingston and St Andrew. Further both agencies lack any financial incentive to embark on any meaningful enforcement exercise. Firstly both are at least partially funded by the Government of Jamaica and given budgetary constraints operate primarily in a parsimonious environment. Hence, in the main they are unable / unwilling to engage in any form of corrective legal activity. Further, even if they engage persons functioning in breach of the law and are successful in a court of law, any monetary award does not inure to the benefit of the regulatory body, to even cover legal costs but are turned over in their entirety to the Consolidated Fund of the State. This has led to a situation where the regulatory bodies are actively encouraging citizens to challenge developers in the courts to address breaches rather than seeking to fulfil their statutory obligations. This is clearly an untenable scenario.

Preserving Process Integrity
Also as part of the approval process, varying committees are established to review and adjudicate applications with the Prime Minister who has portfolio responsibility for Planning and Development being the final arbiter in the event of an appeal by a developer. The first area of concern must be the KSAC Building and Town Planning Committee, which boasts a significant number of politicians ( with no discernible relevant areas of expertise) coupled with a few technocrats determining the process. This is a dangerous practice and increased emphasis needs to placed on the technocrats with the involvement by the political directorate being minimal and such participation occurring on a rotating basis to avoid even a perception of corruption. There is also the need for a strengthened oversight process coupled with greater autonomy for the local authorities to seek redress through the courts. Similarly for both the Local Authority and NEPA, persons affiliated with enforcement activity should be rotated from time to time ( perhaps after every 6 – 12 months) so as to avoid undue familiarity between staff and developers and preserving the integrity of the process and again reducing even the perception of corruption. In this regard any breach by personnel must be dealt with harshly and swiftly under the Corruption Prevention Act and / or any other applicable law. Further, whereas there has been some capacity building, particularly at the level of the local authority, there are particular concerns regarding the quality of decisions being made. For example, in Seymour Lands and the residential sections of New Kingston, there is feverish construction activity with respect to high density developments but there has been no increase in water supplies, which leads to reduced water pressure or no water at times, yet there is no slowdown in the pace of approvals.

The Voice of the People
Finally, the process needs to facilitate the involvement of the community based organizations at every stage of the application and enforcement processes. This has been a particularly vexed issue for a protracted period, as the views of citizens in the main are given minimal to no weight in a process that often times affects their living environment, property values among other issues. In fact the system has become so compromised that for example, developers rarely seek to address matters relating to the Discharge or Modification of Restrictive Covenants prior to the commencement of construction as they are obliged to do but which would necessitate the involvement of the citizenry, but instead seek to regularize the process on a de facto basis. Even in the cases of breaches, the involvement of the citizens is minimal and response times so slow (some might argue deliberately) that by the time the respective regulatory body intervenes there is certain knowledge that nothing can or will be done. Not only has this led to a loss of legitimacy of the process but has led to an overall deterioration in the quality of life being experienced in residential communities as unscrupulous developers recognising the deficiencies have sought to engage in varying activities which in some cases threaten to ruin the character and ambiance of some residential communities. Hence whereas cognizance is taken of the desire of the State to streamline the approval process due care must be exercised that the requisite control mechanisms are established to finally inculcate the concept and functional tenets of sustainable development.

An Open Letter to Prime Minister Golding

Dear Prime Minister,

While we are cognizant of the fact that the Jamaican government is now seized with the prospect of facilitating accelerated development and whereas such a policy thrust is welcomed. there are some concerns which we believe are worthy of your consideration prior to effecting any changes to the development process as currently obtains. Indeed we note that in the past two to three days an unprecedented assault has been launched against the the National Environment and Planning Agency (NEPA) and the Kingston and St Andrew Corporation (KSAC) by investors / developers citing their intent to commence multi-billion dollar investments and claiming that such investments are being stymied by the regulatory arm of the state apparatus.

Whereas concerns about the operations and efficacy of the two entities have been repeatedly raised, due care must be taken that the process is not hijacked and allowed to degenerate into an opportunistic exercise on which success is predicated on the bypassing of the requisite control mechanisms which would afford these and similar developments a degree of sustainability over the medium to long term. Further there are those which posit the view that that the planning focus in Jamaica, should shift from exclusionary zoning to a more inclusive strategy, which would allow commercial and residential developments to coexist. Ostensibly, this should address issues such as travel times to work and play, coupled with matters such as energy usage and so on. This presupposes that Jamaica boasts a well developed urban planning strategy with an effective monitoring mechanism with meaningful penalties. The simple truth is Jamaica has satisfied none of those preconditions, which would be critical in this exercise.

The KSAC now reportedly boasts a total of six (6) building officers who are responsible for enforcement and inspections for the parishes of Kingston and St Andrew and there are similar concerns about the existing capacity at NEPA which boasts island-wide responsibilities. Further in the communities of Seymour Lands, Trafalgar Park and the residential sections of New Kingston, (hitherto referred to as the Trafalgar Council communities) given their centralized location, are no more than 5 minutes away from well established and zoned commercial zones with numerous entertainment facilities precluding the need for the addition of those activities within the residential communities.

Prime Minister, over the past week The Trafalgar Council has had meetings with both NEPA and the KSAC and whereas a process of meaningful dialogue has commenced, the issues which confront us are not localized and in our opinion deserves your intervention as the Minister with portfolio responsibility for Planning and Development in Jamaica. Indeed, some the immediate challenges being faced by the citizens of the Trafalgar Council communities, are dust pollution, noise pollution and a flawed urban planning process which does not functionally afford the residents an opportunity for input. However, the difficulties described are already covered in most part by varying laws but there is almost no enforcement or such enforcement is so selective, as to be deemed arbitrary.

Specifically, the issues which confront the residents which fall under the jurisdiction of the Trafalgar Council are as follows:

Setback distances: The setback ratios (distance between the building and the property line) has been unilaterally altered to five (5) feet per floor which routinely leads to issues of overshadowing and overlooking adjoining properties coupled with loss of privacy particularly in the current circumstances where there are extraordinarily high plot-ratios (plot ratio defines the total floor area of buildings permitted to be erected on a site). Further in the absence of effective monitoring by the regulatory agencies, in several cases developers breach these guidelines, with very little recourse to affected parties. Indeed in several cases, the setback distances are so low and plot ratios so high that the construction sites cannot accommodate their own equipment, materials or waste on-site and therefore developers have resorted to use the sidewalks and roadways as their storage facility. There is also no mitigating strategy to treat with dust pollution emanating from these construction sites and hence there is an increase in respiratory ailments within the Seymour Lands and New Kingston communities in particular as there has been an appreciable deterioration in air quality;

Density Ratios: This has again been unilaterally altered by the regulatory authorities from 30 to 50 habitable rooms per acre in the vicinity of sewer mains. This has been a particularly egregious example of the abuse of state power, as the citizens of the Seymour Lands in particular rejected this notion when it was proposed at a public consultation by NEPA in 2006. However, the effect has been the preponderance of 4 storey apartment blocks which is not only out of step with the prevailing ambiance of the communities but make little to no provision for any green areas whatsoever. The matter has been further compounded by the fact that the Soapberry Treatment Plant is only now being commissioned, which means that the previous utterances about environmental concerns, justifying the laying of sewer pipes were a mere facade to facilitate increased densities. Indeed prior to Soapberry there was no functional treatment plant in Kingston and St Andrew for several years.

Poor Supporting Infrastructure: Whereas the regulatory bodies have approved these higher density developments in The Trafalgar Council communities, the supporting infrastructure has not been upgraded to accommodate these developments. Water supply has been a particular concern in this regard, as no new supplies have been brought into the Trafalgar Council Communities, despite a plethora of high density developments receiving state approvals over the past three (3) years. However according to data provided by the National Water Commission (NWC) and reported in the Economic and Social Survey (2008), water production for Kingston, St Andrew and St Thomas declined by 7.2 percent in 2006 and increased by a mere 2.7 percent in 2007. In the meantime, the number of connections in the above named parishes, increased by a whopping 14.9 percent in 2007 alone. This explains the low water pressure or in other cases the absence of water from the affected communities, a situation which worsens with the addition of each new development. Similarly, the roads are deteriorating considerably under the increased traffic flows and atrocious rehabilitative work facilitated by the KSAC and the National Works Agency (NWA).

Poor Enforcement Mechanisms: The communities are buffeted by numerous breaches of the building codes coupled with breaches associated with improper property usage. There is the instance of a sensuous massage parlour being given State Approval and even though the error was acknowledged no remedial action has to date been taken. There are other instances where buildings are constructed on top of boundary walls or extended to adjoining boundary walls. However, when challenged the regulatory agencies advise that given budgetary constraints and the fact that even when they prevail in a court of law any financial award is turned over to the Consolidated Fund, there is no particular impetus to take legal action. In fact in recent times, the State regulatory agencies have increasingly been seeking to shift the responsibility to individual citizens to take remedial action. Similarly, where applicable, where there is need for Discharge and/or Modification of Restrictive Covenants, this is supposed to be determined prior to the commencement of construction, but in most cases this is done after the fact and with no reference to the owners of adjoining properties.

Creeping Commercialization: The fact, that the Trafalgar Council communities are in fact zoned for residential usage only, has not served to deter the scourge of creeping commercialization. With dead frontages and no human activity by night in some instances, this has led to increases in criminal activity and has forced the residents in the main to rely on private security firms to provide additional support to the Police Force. In other cases where business activity occurs primarily at night, there are routine problems associated with night noises and poor sanitary control coupled with loss of privacy and on street parking. In the days there is a considerable increase in traffic resulting from the commercial entities operations and a preponderance of on-street parking with resulting impact of impeding access to residences

Prime Minister, we therefore appeal to you as you prepare for what we are confident will be another thought provoking presentation in the Budget Debates, that due consideration be given to the issues raised here, which not only affect the named communities but are replicated across other urban centres. Jamaica prides itself as operating a modern democracy, but such modernity dictates that a well developed process of consultation between State and citizen must be observed and cannot be routinely ignored outside the electoral periods. It is therefore believed that with the citizens being included in the development process and their views being solicited and given weight to in the approval process, will lead to an enrichment of the process of development while by no means interfering with the timeliness of the decision making process. In that regard, we are cognizant of your expressed intent to enact a single piece of legislation that is applicable to all regulatory agencies in the process of development. However we would suggest that for the new legislation to be worthwhile, it should clarify the position on public consultation in an unequivocal manner and encompass provisions for compulsory consultations with the citizenry. Failure to accept the tenets of a modern democracy and continuing to relegate the role of the citizen to be a mere bystander in the process of development is to undermine the political process and foster social instability with its attendant ills.

We are Ready Minister Tufton!

The following is a press statement which was issued by the Trafalgar Council on April 17, 2008

Agriculture Minister Dr Christopher Tufton, has received the backing of the Trafalgar Council for his initiatives to establish a residential fruit tree and an urban agriculture programme. In making his contribution to the 2008/9 Budget Debate, Dr Tufton also gave a commitment that “we will make Jamaica green again, and we are ready to partner with every Jamaican householder, in every community, and every district to achieve these objectives”. However, in lending their support to these initiatives and commitments by the Agriculture Minister, the Trafalgar Council is also concerned that the current development approval process adopted by both the KSAC and NEPA which allows setback distances of a mere five (5) feet per floor from the boundary line and a strategy of increasing the density ratios from 30 to 50 habitable rooms per acre where there is a central sewer line, is inimical to any environmental regeneration exercise in the Corporate Area.

Indeed, under Minister Tufton’s backyard gardening initiative, “participating residents will each be encouraged to devote a minimum of 30 square feet of yard space, to producing two to four crops per year”. However, as President of the New Kingston Citizens Association and Trafalgar Council executive member Sean Newman points out, “in most of the newly approved construction projects, the plot ratios are excessive leaving in some cases a clearance of less than 5 feet from the boundary lines and therefore providing absolutely no green space for the residents”. Hence, the Trafalgar Council is calling for a revisiting of the 5 feet per floor set back regulation as implemented by the KSAC and NEPA and would propose that there be a prescribed degree of coordination between the Ministry's initiative and these regulatory bodies to ensure programme optimization.

In this regard the Council notes that this issue yet again highlights the flawed process of oversight, by the Local Authority (KSAC) and NEPA, which have responsibility for enforcement but which have inexplicably continued to ignore the flagrant breaches which obtain in Seymour Lands (Golden Triangle), Trafalgar Park and the residential sections of New Kingston. The Seymour Lands community in particular is in the midst of a construction boom and therefore knowledge of an effective monitoring mechanism within the KSAC and NEPA and the requisite assurances of a willingness to act on such breaches with dispatch, are critical to the collective interests of all. Indeed already there are projects in the community, where construction has been effected on top of adjoining boundary walls and yet others where the setback distances are so low that it overlooks and overshadows adjoining premises.

“We are ready, Minister Tufton” says Trafalgar Council Convenor Joseph Cox, “we are supportive of any initiative which preserves the environment and have expressed our concerns repeatedly about our communities being transformed literally into concrete jungles”. However, with the current development approval strategies employed by both the KSAC and NEPA the single critical issue remains, “Where do we plant these trees and crops?”

Jamaica: The 90-day Approval Process Revealed

Flawed Urban Planning?: Impact of the 5 ft. per floor setback distance (Click on pic. for closer view)

Jamaican Prime Minister Bruce Golding, is insistent in his desire to restrict the building approval process to 90-days and by so doing, revolutionize the development process in the island. Indeed according to Mr Golding, he is shifting the impetus in the development process from the developer to the regulators. But what are the processes to be completed during this 90 day interval? Significantly, these processes are outlined in Ministry Paper 7 which was tabled in 1999 and which provided detailed guidance on the monitoring framework necessary to ensure that the 90-day target was achieved. Implementation of Ministry Paper No. 7 has been deemed an integral part of the Development Approval Project within the Ministry of Industry, Investment and Commerce which has obviously been embraced by the new Golding regime.

Under the new dispensation it is apparent that the Office of the Prime Minister (OPM) has the overall "ownership" of the development approval process. Specifically, based on press reports OPM will be required to collect monitoring information on the development approval bodies' achievement of the 90 day approval processing target. The Planning and Development Division is the lead Department at OPM in this regard. The Town Planning Department must provide information to OPM regarding outstanding applications. In addition, the Town Planning Department will make recommendations on applications where one or more commenting agency fails to provide recommendations within the agreed time frame. The detailed breakdown of the 90-day target outlined in Ministry Paper No. 7, 1999 is shown in Table 1.

Table 1: Maximum Time Allocations Necessary to Achieve a 90-Day Assessment Process

KSAC/Parish Council/Local Planning Authority sends completed application to Town Planning Department. (part of NEPA) - 2 weeks (This period is not included in the 90-day calculation)

Town Planning Department receives completed application from Parish Council/KSAC/Local Planning Authority and sends application to critical commenting agencies - 2 weeks (The 90-day target commences from the time when a completed application is received by the Town Planning Department)

Commenting agencies assess application and make recommendation to Town Planning Department - 3 weeks

If applicable Town Planning Department takes application to the Subdivision Committee or takes a decision on the application - 2 weeks

Town Planning Department advises Parish Council/KSAC/Local Planning Authority of its recommendation and advises Ministry of Environment and Housing (now OPM) of outstanding applications - 1 week

KSAC/Parish Council/Local Planning Authority makes a determination on the application and advises the applicant - 4 weeks

Ministry Paper 7, 1999 & Author's updates

However this process obviously excludes any meaningful interaction with affected third parties, meaning neighbours and persons within the footprint of the development project. It also seemingly excludes the usage of Environmental Impact Assessments (EIA’s) and would make redundant the current 3-week time interval stipulated by NEPA for public notice to discuss the findings of EIA’s. Also, there is no stipulation that matters relating to the Discharge or Modification of Restrictive Covenants should be dealt with as a condition precedent for project approval. There is also an absence of a prescribed oversight procedure despite so much power being vested in the Town Planning Department as well as any provision for appeals by aggrieved parties.

Whereas the impatience of the Government of Jamaica to facilitate increased investment is quite understandable due care must be exercised that long established industry and national safeguards are not sacrificed on the altar of expediency. Already some unilateral decisions have been made by the State, regarding set-back distances and density ratios, the legality of which are likely to be challenged in the courts. Further there is need for continued and expanded dialogue with the citizenry in the process of development as is dictated in any modern democracy. Failure to adhere to the basic tenets of good governance, would only lead to a continued process of disconnect between the State and the citizenry and undermine the requisite partnerships that are deemed critical to the development process.