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

Golding’s Principled Position: Jamaica Failing Spanish Test

In an island long afflicted with what has been facetiously characterized as mendicancy syndrome, it is becoming increasingly apparent that some investors and lenders have become so emboldened, that from their jaded perspective, Jamaican rules and regulations relating to the development process are merely indicative and not binding. This as increasing pressure is being applied for the Jamaican authorities to compromise development standards, to facilitate expedient investment projects which are likely to be inimical to the principles of sustainable development over the medium to long term. Firstly, there was the suggestion from the European Union Representative in Jamaica that the Government engage in the use of “silent agreements” with developers to facilitate meeting artificially prescribed deadlines of 90 days for development approvals. Now, because of the Government’s forthright action to curtail a blatant breach of the approval process regarding the RIU property in St James, there is word of the island being denied potential investment projects, ostensibly as punishment for the State for appropriately fulfilling its statutory obligations to the people of Jamaica. Indeed according to the Gleaner, the Excellence Group has decided to substantially scale down its investment plans for a proposed 2,000 room Resort at Oyster Bay, Trelawny and two of the largest hotel groups in Spain - Barcelo and Sol Melia - have reportedly struck the island off their list of proposed investment locations. Barcelo is reportedly shifting its US$1 billion ($71 billion) of investment capital to elsewhere in the Caribbean as it is now being reportedly claimed that " the investment climate here (Jamaica) has become extremely unfriendly and antagonistic."

However, the choices facing the Jamaican Government are stark. Continue to facilitate the compromisation of the building approval process, with its attendant safeguards in an effort to garner politically expedient projects and face the medium to long term environmental crisis that such irresponsibility will foster, or tighten and effectively monitor the approval process to ensure optimized and sustainable investment which will facilitate the long term development of Jamaica. Indeed, the argument being posited about Jamaica being hostile and antagonistic to investment, is reflective of a mendacious approach being adopted by unscrupulous investors, seeking to bring pressure to bear on a struggling economy overburdened with debt and desperate for foreign investment flows. In fact the contrary is true, the Government of Jamaica has been overly accommodating to foreign investment, oftentimes to the detriment and exclusion of the locals. For example, the granting of an exclusive licence to operate Casino Gaming to the Harmony Cove Project by the Government a few years ago despite the known objections by the powerful Church lobby in Jamaica and indeed with no reference to the citizens of the country, the reported alteration of Laws or failure to enforce laws to accommodate Hotels which were built in breach and the implementation of several incentive programmes to facilitate investment to name a few.

However as it has been portrayed, the RIU breach was blatant and represented a calculated defiance of a negotiated approval process with the parameters for approval long known by all parties concerned. Jamaica cannot afford to facilitate building breaches, which aside from reflecting a casual disregard for the laws and approval processes, may actually constitute a threat to public safety. Further the Spanish investors are not being singled out for any special treatment as Prime Minister Bruce Golding was very clear in his commentary, “The Government will not tolerate this blatant violation nor will it entertain any request for breaches to be regularized." This signaled the end of an era in Jamaica where there had been literally a free-for-all by local and foreign developers alike, where the law and the approval processes were selectively recognized and then in a de-facto exercise all breaches were regularized and given legitimacy. This has led to situations of excessive plot ratios, breaches of restrictive covenants, inadequate set-back distances, and inadequate infrastructure networks inclusive of water among other ills in residential communities such as Seymour Lands, Trafalgar Park and the residential sections of New Kingston. Such breaches are mirrored in other urban centres across Jamaica.

In the final analysis, Jamaica welcomes and requires both foreign and domestic investment. However such investment must occur in an orderly environment where due deference is given to the laws and regulations governing the specific investment activity. Further, Jamaica’s attractiveness as a Tourism investment destination is not confined to the machinations of one particular group of investors and in fact has been bolstered by the recent formal approval of casino gaming activities on the island. In fact, investors are usually guided by the more mundane issues such as Country Risk, Market Share and Internal Rates of Return. However, whereas Jamaica undoubtedly provides excellent value for money, adherence to the tenets of sustainable development remains non-negotiable. Prime Minister Golding must stand his ground and reaffirm to all that “Jamaica is not for sale!”

See Also

Jamaica Must Remain Centred

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”!

Construction Booms: Urban Water Supply Compromised in Jamaica

Jamaica has long been characterized as “the land of wood and water” which bespeaks the fact that Jamaica has considerable water resources, garnered primarily through groundwater abstraction. However, largely through uncoordinated policy implementation and enforcement, there has been a systematic increase in the contamination of several of these groundwater sources, which has culminated in the fact that the potable water sources for the urban areas are now remote to these areas. Some of the contributing factors are:

The relatively high use of pit latrines and absorption pits which have over time through seepage compromised the aquifers;

The unregulated use and disposal of fertilizers and other chemicals (including industrial effluent), which have contaminated the groundwater sources.

However, the irony of the situation is that the Jamaican State is deemed to be a major contributor to the contamination of the environment. Indeed, 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. In this regard, private contractors estimate that to facilitate connection of the residencies to the central sewer line will cost approximately J$250,000 per household which has proven to be somewhat of a deterrent. 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 and recently re-imposed a monthly cess known as the K-factor - which finances capital projects that would not generate a significant increase in revenue. Nevertheless, 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

Further, due to insufficient investment in the upgrading and maintenance of infrastructure there are problems relating to low pressure and insufficient flow largely attributable to an insufficiency in the size of the inflow pipes in Kingston and St Andrew. Indeed, given the age of the infrastructure it is believed that the water flow is also being compromised by the corrosion and calcification of pipes. This difficulty is more pronounced in the older parts of the island as well as newer developments, which have been constructed on the initial infrastructure works as obtains particularly in Seymour Lands one of the oldest residential districts in Jamaica but where density ratios have been increased by 66% in recent times. Water supplies to these communities are therefore unable to attain the minimum standard set by the Office of Utilities Regulation (O.U.R) of 20 psi.

However, according to Vernon Barrett, Vice-President of Corporate and Strategic Planning at the National Water Commission, the state owned utility has been constrained by capacity limitations arising from poor settlement planning. Further Mr. Barrett, reportedly advised The Gleaner that developers and settlers often fail to properly assess the feasibility of water supply before building houses. The NWC says it is aiming to extend its island-wide coverage over the next five to seven years to 85 per cent, up from its current service output of 71 per cent. This however is in stark contrast to the information provided by both the KSAC and the National Environment and Planning Agency, where both regulatory bodies advise that all new developments must first receive the approval of the NWC in terms of the availability of supply.

This has been of particular concern, 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. Further, 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. Nevertheless, the approvals for new multi-storey high density developments in Seymour Lands and the residential sections of New Kingston continue unabated and also continue to receive the blessing of the NWC, according to the KSAC and NEPA.

Jamaican PM Clamps Down on Building Approval Breaches

"The Government will not tolerate this blatant violation nor will it entertain any request for breaches to be regularized." With those words, Jamaican Prime Minister Bruce Golding created a new paradigm in Jamaica’s building industry and sent shock waves through a development community that had become largely immersed in a laissez-faire approach towards development, where breaches were treated by the authorities as additional leverage on a path towards negotiated settlements and regularization. Indeed, the initial comments on radio by Montego Bay Mayor Charles Sinclair on Wednesday April 30, 2008 regarding the RIU controversy, had sent a clear signal that this was an option to be explored, with his tacit acceptance of the Hotel Group’s proclamation that “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.” However, the Prime Minister has put paid to that strategy with the precisely worded edict that the RIU developers “comply with the approved building plans and to demolish any works which exceed the specifications that were approved".

All this after the RIU Hotel received building approval on June 29, 2007 to construct six three-storey buildings with specific height limitations. This occurred after their initial application for four-storey buildings were rejected by the National Environment and Planning Agency, The St James Parish Council and the Civil Aviation Authority. Nevertheless, three of the six buildings were constructed with a fourth floor, with the Hotel Chain claiming that they had submitted revised plans which had received approval by the Parish Council (the plans were signed by a Senior Parish Council officer and duly stamped). However, the revised plans which were written in Spanish, were not formally submitted to the Parish Council or any of the other regulatory bodies which has triggered a call by the Prime Minister for the Police Fraud Squad and the Parish Council Services Commission to be called in to investigate the matter.

Whereas this represents a victory for Citizens Based Organizations and the Environmental Lobby which has been clamouring for decades for the practice of retroactively legitimizing building breaches to be stopped, this does not obviate the need for an island wide probe of all Local Authorities (Parish Councils and the KSAC). This, in light of the fact that though the RIU issue was seemingly caught in the nick of time, the Government of Jamaica cannot give any legitimate assurances to the populace that this episode is unique and is not in fact being replicated, as anecdotal pronouncements would suggest, in all other local authority jurisdictions. Indeed, while this strategy of regularizing building approval breaches has over time led to a loss of legitimacy for the local authorities and the other regulatory bodies, Prime Minister Golding’s stance points to the need for an immediate national forensic audit seeking to cauterize any such initiative and re-introducing order to the development process.

However this issue also raises serious concerns about the general process of oversight regarding building sites conducted by local regulatory agencies. Indeed, in the present scenario, the controversial “fourth floor” had reached the stage where it was already been primed for painting. This raises the question of 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? A similar scenario obtained at a building site on Donhead Avenue in Seymour Lands where there was a fatality and it was subsequently discovered that an unapproved basement was being constructed. This was compounded by the fact that a stop order was placed on the site months before by the KSAC but was not enforced. Indeed, the “free for all” by developers has been such that most new construction activities particularly in the urban centres fall outside the ambit of the approval guidelines with setback distances, plot ratios and green areas being largely ignored. Similar treatment has also been reserved for the Discharge and / or Modification of Restrictive Covenants where applicable, where approvals are sought after the fact and not prior to the commencement of construction as required by law.

Whereas Mr Golding’s regime has passed the first real test of its mettle with flying colours and has deservedly received the requisite accolades from various Citizens Based Organizations and the Environmental Lobby among others, much is left to be done. Whereas, the nation anxiously awaits the outcome of the investigations of the Police Fraud Squad and the Parish Council Services Commission into the matter at hand, the Government must guard against complacency in the interim. Indeed, it would be timely for a review of business processes to be conducted in all local authorities and other regulatory bodies in terms of the building approval and enforcement processes and where necessary personnel involved in the approvals and enforcement arms be redeployed. Similarly a detailed review of the role of the political directorate in the approvals process should also be undertaken. System legitimacy must be paramount, however with the erosion that has occurred in the past, drastic action by the State is required to not only demonstrate that Jamaica is serious about investment but to also reinforce the country’s commitment to the principles of sustainable development.

What Others are Saying on the Same Issue:

This is an open letter to the Prime Minister:

Dear Honourable Prime Minister Golding,

I write on behalf of the members and directors of Northern Jamaica Conservation Association to congratulate you on your stance with respect to the environmental breaches at RIU Mahoe Bay. As a member of the Jamaica Environmental Advocacy Network, I know our sentiments are shared by many other organisations that have been advocating for enforcement of our environmental laws.

We are elated to hear that you are not only standing up to RIU, as the Observer puts it, but sending a message to all developers that they must respect our laws or pay the penalty. Along with the demolition order, Jamaica should consider fining RIU for its many breaches, as Mexico has done in Cancun to the tune of US$3.5 million.

While we understand that these hotels represent investments for Jamaica, the environmental and socio-economic costs that come with massive construction projects, especially in sensitive coastal ecosystems, cannot be ignored. Resort development that degrades the environment and endangers lives is not investment, it is exploitation.

We remind you that this is not the only Spanish hotel developer with a history of deliberately breaching environmental and building permits by building unapproved structures different from those shown on their approved plans. Until now, we have seen no sanctions or penalties applied to any of these projects. NEPA has taken a very soft approach, particularly to Spanish developers (it must be said), merely issuing warning letters and encouraging voluntary compliance.

Voluntary environmental compliance schemes even in developed countries are "decidedly ineffective", according to an Inter-American Development Bank study which found that such programmes "appear to primarily serve as public relations vehicles for both industry and regulators" (RS-T1283 - Voluntary Environmental Programmes in Latin America: Lessons Learned). In other words, voluntary compliance is a nice idea, but we should not expect it to work here.

We therefore urge NEPA to step up its monitoring of all large development projects, especially those in coastal areas, and apply the appropriate sanctions without fear or favour when breaches are found. At the same time, we expect and demand the highest level of scrutiny for development applications to ensure that our valuable natural and cultural assets are protected and respected.

Wendy A Lee
Executive Director
Northern Jamaica Conservation Association

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.”