Right Steps & Poui Trees


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No Written Rules Banning Sleeveless Dresses: An Access to Information Story

I look at the Gleaner this morning and see that the issue of the banning of women wearing sleeveless dresses is again in the news here in Jamaica. The Gleaner’s editorial entitled “Dressing Sleeveless in Jamaica” was sparked by social media commentary pointing out “that women in Jamaica could not dress like Mrs May to enter several government departments and agencies, including hospitals, prisons and schools.” This was a reference to the UK Prime Minister’s sleeveless attire in a formal setting during the official visit of the US President.PM May - Trump visit 7-2018

But we don’t have to go that far afield to show the disparity between what is accepted in a formal setting and what will get a Jamaican woman barred from entry to do business in some government entities. We only need to look at our own Governor General’s wife at the swearing-in ceremony of PM Andrew Holness at King’s House in 2016. She, like a number of women who attended, wore a sleeveless dress, which was perfectly acceptable attire for that very formal occasion. Yet wearing that same or a similar dress, I would risk being barred from entering some government ministries or agencies.

Back in May this year, someone shared the classic story of her elderly mother, a woman of high standing in the field of education in Jamaica, being barred from attending a meeting at the Ministry of Education recently because she was wearing a sleeveless dress. Undeterred, she returned to her car, tore a hole for her head in a sheet of The Gleaner newspaper, returned with her arms covered in this way and was allowed to enter!

I have been interested in this issue for a number of years and have written a couple of blog posts about it and decided that I wanted to actually see the regulations that guided this sleeveless ban. So I made a request under the Access to Information Act to seven Ministries for

“any regulation/guideline/protocol/etc documenting the Ministry’s prohibition of female members of the public wearing sleeveless dresses or blouses entering the Ministry to do business.”

I also made this request to one Executive Agency.

I made my initial requests on May 29 & 30. This week I received the response from the last of the bodies. Not one produced any document prohibiting the wearing of sleeveless dresses or blouses by female members of the public.

The Ministries & Executive Agency and Their Responses

The Ministries and Executive Agency I made ATI requests to were

  • Ministry of Culture, Gender, Entertainment & Sport
  • Ministry of Education, Youth & Information
  • Ministry of Finance & the Public Service
  • Ministry of Foreign Affairs & Foreign Trade
  • Ministry of Health
  • Ministry of Justice
  • Ministry of Labour & Social Security
  • Registrar General’s Department

I selected some of these Ministries and the Registrar General’s Department because they have featured in sleeveless banning complaints in the past; the other Ministries were included just to extend the range. Their responses are as follows.

Ministry of Culture, Gender, Entertainment & Sport

June  5, 2018 – “In response to your request stated below under the Access to Information Act, I am not aware of any documentation from this Ministry regarding any regulation/protocol or guideline for the prohibition of female members of the public wearing sleeveless dresses or blouses entering the Ministry to do business.”

Ministry of Education, Youth & Information

June 8, 2018 – “The Ministry of Education, Youth and Information (MoEYI) is pleased to grant you access. Please see attachment Visitors Dress Code.”

MOYC Visitors Dress Code ATI 2018

On June 11, 2018, I made two subsequent ATI requests. It is now more than 30 days since I made these requests and I haven’t received either an acknowledgment of them or any documents in response to them.
“1. I note that this document does not include “sleeveless dresses or blouses” in its list of prohibited wear. Is there any document that does?
2. The document sent seems to be a photograph of a framed notice at the Ministry. It includes the words “Signed Human Resource Management and Administration. Ministry of Education. 2009”. Are there any documents (minutes, memos, letters, reports, etc) relating to the issuance of this notice and the establishment of the dress code for visitors policy on which it is based?
Please regard this as a formal request under the Access to Information Act.”

Ministry of Finance & the Public Service

July 9, 2018 – I am somewhat heartened by the indication that the Ministry of Finance is currently reviewing its “practice of restricting access by females who wear sleeveless blouses or dresses”.

MFPS ATI response 9-7-18 sleeveless dresses

Ministry of Foreign Affairs & Foreign Trade

June 15, 2018 – “I hereby acknowledge receipt of your request dated Wednesday, May 30, 2018. The Ministry however, does not have any documented regulation prohibiting female members of the public wearing sleeveless dresses or blouses when entering the Ministry to do business.”

Ministry of Health

July 3, 2018 – “Please be advised that we have undertaken the necessary research to respond to your request for any “regulation / guideline /protocol/document which guides the Ministry’s prohibition of female members of the public wearing sleeveless dresses or blouses entering the Ministry to do business”.

To date no document has been identified or located. It appears that this is an unwritten policy that has been carried on over many years.
In pursuit of a concrete response we have sent the request to the Cabinet Office and continue to await their response.”

Ministry of Justice

June 22, 2018 – “Reference is made to your Access to Information application below, please be informed that no documents were found in support of your application.

Ministry of Labour & Social Security

July 11, 2018 – “Thank you for your application under the Access to Information Act, wherein you requested the Ministry’s Dress Code to enter its offices. Please note that the ministry in keeping with other Government entities established a Dress Code Guideline for its customers. The Dress Code prohibits:

  • Camisoles
  • Tube Tops
  • Merinos
  • Short Shorts
  • Mini Skirts
  • Low Cut Garments exposing the Bosom
  • Tights
  • Sheer (see through) Garments
  • Pants below the waist

It should be noted that persons are not prohibited from entering the building, as long as the clothing is not excessively revealing. Steps are also being taken to review this guide bearing in mind the Ministry’s stakeholders.”

The list included in the Ministry of Labour & Social Security’s response is displayed on printed posters at the guard house at the gate and in the lobby of the Ministry. It is delightfully ironic that the poster in the lobby has a piece of masking tape affixed to it, on which is written the word “sleeveless”!MLSS dress code poster 7-18 - sleeveless

Registrar General’s Department

May 30, 2018 – “The Registrar General’s Department does not have any formal regulation/guideline/protocol documenting the prohibition of female members of the public wearing sleeveless dresses or blouses.

We do however follow the general rule of most Ministries and Hospitals, which prohibit the wearing of alter backs, tube tops and spaghetti blouses.”

On May 30, 2018, I replied making a follow-up ATI request:

I’d like to make a request under the Access to Information Act for a copy of any document (memo, correspondence, minutes, report, etc) in the possession of the Registrar General’s Department that sets out “the general rule of most Ministries and Hospitals, which prohibit the wearing of alter tops, tube tops and spaghetti blouses” referred to in your email, which you advise that the RGD follows.

On June 11, 2018, I received the following reply: “The Registrar General’s Department does not have a written document, but there is an unspoken, unwritten dress code which is in force.

Please note with regard to Dress codes each organization sets its own policy, which can be written or unwritten. It differs and is dependent on the organization.

Our unwritten policy encourages our customers to dress in such a way, that shows consideration for other members of the public.”

(I remain somewhat puzzled at how the dress code can be efficiently communicated if it is both unspoken and unwritten!)

Concluding Comments

So there you have it. A small sampling of government entities.

  • 8 entities requested via the ATI Act to provide documents setting out “any regulation/guideline/protocol/etc documenting the Ministry’s prohibition of female members of the public wearing sleeveless dresses or blouses entering the Ministry to do business.”
  • 6 out of 8 indicated that they had no such document.
  • 3 of those 6 gave some background or context for the unwritten sleeveless ban policy/practice.
  • 1 of those 6 made mention of some of the prohibited garments.
  • 1 of those 6 indicated that they had referred the request to the Cabinet Office for a further response.
  • 2 of the 8 entities sent the list of garments prohibited by their dress code. Neither of those dress codes specifically prohibited sleeveless dresses or blouses.
  • 2 of the 8 entities indicated that they were currently undertaking a review of the existing practice.

It is time that this practice – unwritten, unspoken (?), unjustified, whatever its origin – be officially abandoned and those Ministries and other government entities applying it recognise that a woman in a sleeveless dress or blouse entering their precincts will not bring government business to a screeching halt.

P.S.

A note on camisoles, tube tops, halter tops, spaghetti blouses mentioned by those dress codes supplied…they are different from sleeveless dresses and blouses.sleeveless collage

P.P.S.

Donkey seh di worl nuh level. I guess the Ministry of Education hesitated to apply the sleeveless ban to a former government Minister. No Gleaner newspaper needed to cover her bare arms?

Tweet 31-3-16 Flloyd Green & Lisa Hanna at Min of Ed

March 31, 2016 tweet

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No, Seriously…That’s Why the Police Aren’t Using Their Body-Worn Cameras?

COP AndersonAbout two weeks ago there was an article in the Gleaner with the headline Police Not Making Full Use of Body Cameras – Commissioner, in which the new Commissioner of Police Major General Antony Anderson seems to have given us a somewhat clearer idea of why to date no member of the Jamaica Constabulary Force (JCF) has been wearing a body-camera in any incident requiring investigation by the Independent Commission of Investigations (INDECOM). No fatal shooting, no shooting resulting in injury, no altercation, nothing. No incident occurring on any planned operation, not on any unplanned operation, not on any planned stationary vehicle check point, nothing. And this after these body-cameras were introduced with much hype and fanfare, having been donated by the US Embassy in August 2016. (See blog post Jamaica’s Body-Worn Cameras: A Comfort to a Fool?)

As one of the “different sectors of the society asking for an update on the cameras and why there was no footage from any operations that featured body cameras”, I was intrigued to see the Commissioner being quoted as follows regarding the lack of use  of the body cameras:

“One, you don’t have enough, and, two, our uniforms don’t have the technology to actually properly wear them. We are looking at some other models that we have seen recently. We have met some representatives up to last week that, perhaps, will suit what we do better”. (Gleaner, May 9, 2018)

An inadequate number of body cameras does not explain why the available cameras have not been deployed on planned operations where confrontations are most likely to occur. A logical approach would see these operations as priority for deployment. The other reason given is beyond belief…that police uniforms don’t have the “technology” for attaching the body cameras properly! When was this deficiency first discovered? Was there no consultation between the JCF and the US Embassy before the particular body cameras were obtained and donated? At what point was it planned to inform the public of this ridiculous problem preventing use of the body cameras? Does this mean that the existing body cameras are to be discarded?

The article also quotes Commissioner Anderson as saying:

“When you introduce new things and new capabilities, it’s a process. You don’t just buy something to stick them on. There’s a training component, there’s an equipment back-up component, a logistics component, a command and control component to it. There’s a whole thing that you used to deliver capabilities, but we haven’t been that good at it”. (Gleaner, May 9, 2018)

So the announcement of the donation of the body cameras in August 2016 and the announcement of the deployment of the cameras in February 2017 and the failure to give any official update to the public regarding the use of the body cameras or any official evaluation of the project has all resulted in the declared use of body cameras  by the JCF being an elaborate comfort to a fool.

I am glad that the Commissioner of Police has answered some questions from a reporter, but perhaps it is time for a full and official update by the Minister of National Security in Parliament.

(I have now done 5 or 6 blog posts about the body-worn cameras and the JCF, if you wish more information about the issue.)


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Walker’s Place of Safety Fire Brigade Report via Access to Information Request

Today I received a copy of the Jamaica Fire Brigade’s Final Fire Report regarding the fire which occurred at the Walker’s Place of Safety on January 16, 2018. The date of the Final Report is March 16, 2018. The fire resulted in the death of two girls who were resident at the facility, Oneike McGrae and Anna Kaye Moreland.

JFB Walker's fire report pic

Jamaica Fire Brigade Final Fire Report – Walker’s Place of Safety – March 16 2018

Having read the two-page report, I do not understand what justified not making it public at the time that it was completed and turned over to the Government.DJM Walker's report tweet 29-5-18

SG Tweet re Walker's report 7-4-18

It is clear that there remain many questions to be answered about this fire and the tragic loss of life and trauma that resulted, but as important a document as the fire report should not have taken many weeks to be released publicly. And one of the questions that needs to be asked concerns the adequacy of the report itself.

 


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The JCF & Accountability: A Policeman Speaks Out & 3 Opportunities For Change

NNN Hidden Agenda on SoundCloud March 2018Listen to Nationwide News Network’s special report “Hidden Culture”. It is narrated by Nationwide’s Marjorie Gordon and centres on an interview with a serving member of the Jamaica Constabulary Force (JCF). It is a chilling account of the ways in which extrajudicial killings are carried out and covered up by members of the police force, with the involvement of gazetted ranks. The policeman’s voice has been distorted to protect his identity. It was first broadcast on March 21, 2018, was rebroadcast a number of times that week and is now posted on SoundCloud.

Many of the things that he spoke about are things that have been reported on before, things that I have heard of over many years. The difference here is that a serving policeman is giving a personal account in an interview being broadcast on radio.

“You’re a constable going to work and you realise that your name is set to go on an operation to be conducted 3 o’clock in the morning. So, I go on the operation. When I go on the operation with several other officers, we are briefed by the officer in charge of that operation, who is sometimes a Deputy Superintendent, sometimes an Insepector, sometimes even a Superintendent himself. And what we are told to do, the instructions that we are given on that operation, kill!…We’re going fah a particular person and wi not going to lock him up. There were times when members would ask the question, “So Supa, when we hold So-and-So, what di position? Jail or morgue?” And we are told, “Mi nuh inna nuh jail business.”…As a young constable on an operation like that, what am I to do? What am I to do? Can I stand in the crowd of twenty, thirty police officers and say I’m not going? I can’t do that. So I go on the operation, as a part of this operation, and when I see my colleagues fire shots in an innocent man….I’ve been on operations where I myself have fired. It does something to you. It did something to me and it has…it is doing something to others out there. I have a lot of colleagues who are lost in the culture. I realise…I have realised and I have come to the conclusion, most of us, we have lost ourselves because of how we are taught in the streets when we leave training school.” (Transcribed from Nationwide News Network’s ‘Hidden Culture’)

It has long been known that the problem is not simply one of individual rogue police, but that there is a culture within Jamaica’s police force that supports the use of extrajudicial killings as a crime fighting method. And there are those outside the JCF, across the society, who believe this also and would want us as a people to turn a blind eye and allow the police to do weh dem haffi do.

If we want to change this culture, to rid the JCF of this approach, to have a police service that is unequivocally committed to lawful, professional, accountable and rights-centred policing, then we have to seize opportunities for change. At the moment, three such opportunities present themselves.

  • A New Commissioner of Police

Major General Antony Anderson - JISA new Commissioner of Police was sworn in on Monday, March 19, 2018 – Major General Antony Anderson. He is a former head of the Army and is very familiar with the national security situation in Jamaica. One person alone cannot change the culture within and reform the JCF. A Commissioner can, however, provide the type of leadership that may facilitate such change. Whether Commissioner Anderson will (or will be able to) achieve the necessary change remains to be seen, but his appointment opens up an opportunity.

(An associated issue that does need to be considered is how much reliance on the military for/in policing is a good thing. For another blog post perhaps.)

On March 22, 2018, the day after the first broadcast of Nationwide’s special report, the JCF issued a statement in response, which said that

“The purported actions, which are being recounted by an alleged lawman, are categorically condemned by the High Command as they do not align with the principles and standards of a modern Police Force.

The JCF has implemented a series of measures to reinforce acceptable standards of behaviour by its members, particularly with respect to use of force, human rights and engagement with the public.”

It pointed to the JCF’s Early Intervention System, described as “a proactive approach to identifying members who may display tendencies of abnormal behaviour and thereby allowing for timely intervention.” It also mentioned the oversight roles of the  Independent Commission of Investigation (INDECOM), the Inspectorate of Constabulary  (IOC) and the Major Organised Crime and Anti-Corruption Agency (MOCA). It promised  “to further seek to create a mechanism that will allow persons who have information in these matters to offer same in confidence and without fear.”

Perhaps I have heard too many such statements over the years to find this reassuring. What actions will follow?

  • Strengthen Rather Than Weaken INDECOM

INDECOM logo 2The two Court of Appeal judgments which were handed down on Friday, March 16, 2018, raise once again the need for the Parliament to revisit the Independent Commission of Investigations (INDECOM) Act. A Joint Select Committee (JSC) of Parliament held meetings from 2013 – 2015 and carried out the first review of the INDECOM Act, as required by the Act itself. The Committee produced a report with its recommendations, which was tabled in Parliament in November 2015. (Click here for a copy of the Joint Select Committee Report on INDECOM Act.) No action has been taken in Parliament regarding this report or its recommendations. (See my blog post in February –  Parliamentarians, A Joint Select Committee & INDECOM.)

On March 21, 2018, human rights NGO Jamaicans for Justice issued a press release calling for Parliament to make amendments to the INDECOM Act:JFJ press release 21-3-18JFJ press release 21-3-18 bJFJ press release 21-3-18 cJFJ press release 21-3-18 dJFJ press release 21-3-18 e

Both Prime Minister Andrew Holness and Justice Minister Delroy Chuck have said that a Parliamentary Committee is to be established to review the INDECOM Act…again. At this point there is no clear indication of the timeline for the establishment of the Committee, how long it is likely to meet or when it will produce and table its report. It also isn’t clear whether it will be asked to review the Act in its entirety or only specific aspects of the Act, those affected by the Court of Appeal judgments, for example. It isn’t clear what weight, if any, will be given to the review done by the 2013 – 2015 JSC or if the public will have the opportunity to make submissions to the new Committee. And after the Committee tables its report, what action will the Parliament take in regard to its recommendations? What if there is a change of government after the report is tabled? Will that delay Parliament taking any action on the Committee’s recommendations, as seems to have been the case with the 2013 – 2015 Committee’s recommendations?

The news now is that INDECOM is seeking leave to appeal to the Privy Council for clarification on important issues in the case, including constitutional issues. It is also reported that Minister Chuck thinks that INDECOM shouldn’t seek to appeal, but should rather wait to see what Parliament decides to do.

So we continue to wait…to see what Parliament will do and when and whether it will use this opportunity to strengthen or weaken the important role INDECOM plays regarding accountability for the police force.

  • The Police Service Act to Replace the Constabulary Force Act

The Jamaican public first learned of the Government’s plans to replace the Constabulary Force Act with a Police Service Act via a March 2017 Government of Jamaica Letter of Intent to the International Monetary Fund (IMF).

JA letter of intent to IMF March 2017“Implement a full legislative review that leads to (i) completion of a draft new Police Service Act to replace the Jamaica Constabulary Force
Act, that supports the modernization and transformation of the
Jamaica Constabulary Force into a modern intelligence-led police
service that ensures Citizen Security, with stronger systems of
administration, management and internal discipline….” (p 21)

The October 2017 Letter of Intent indicated that the measure was “[o]n track for completion by target date”, the target bate being October 2017 (IMF – Jamaica Second Review Under the Stand-By Arrangement Etc October 2017 p 43).

In the Throne Speech delivered by the Governor General in Parliament on February 15, 2018, this new Police Service Act is included as one of the legislative actions to be taken during the 2018 – 2019 legislative year.

Throne speech 2018 - Police Service Act

Throne Speech 2018, p 7

This proposed new legislation is obviously an important opportunity for reform of the police force. True reform – the modernisation and transformation being referred to – cannot be achieved by tinkering around the edges of the current legislation or by focusing primarily on increasing the powers of the police. It cannot be accomplished without full and genuine consultation with the people the police service is intended to serve. The legislation cannot be rushed through Parliament without allowing adequate time and opportunity for those who wish to make submissions about the draft legislation to do so. Indeed, it would be best if there were also consultation on the actual draft legislation before it was tabled in Parliament. I know that new legislation is only one part of what needs to be done, but we cannot afford to miss this opportunity for change.

How these three opportunities are handled will have an impact on many aspects of the workings of the police force and whether we move nearer to or further from achieving a professional and accountable police service. One marker in that process – nearer to or further from – will be the impact on that hidden culture of extrajudicial killings.

Relevant documents – Court of Appeal Judgments

Court of Appeal judgment - FederationThe Police Federation, Merrick Watson (Chairman of the Police Officers Association), The Special Constabulary Force Association and Delroy Davis (President of the United District Constables Association) v The Commissioner of the Independent Commission of Investigations and the Attorney General of Jamaica [2018] JMCA Civ. 10

Court of Appeal judgment - DiahAlbert Diah v Regina [2018] JMCA Crim 14

 

 

(I am a member and a spokesperson for Jamaicans for Justice. My blog posts are all done in my personal capacity, however.)


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More On Barbican Square Roadworks, Following An Access to Information Request

Blog pic for Barbican Square Roadworks 2Two weeks ago I wrote a blog post entitled Barbican Square Roadworks: An Example of Government Disregard for People’s Safety. In it I shared photos and thoughts about the safety risks posed to drivers and pedestrians by the ongoing roadwork being done in and around Barbican Square. I indicated that I had made an Access to Information (ATI) request to the National Works Agency (NWA) and promised to share any information I received in response. So, that’s what I am doing today.

I must say, first of all, that I am very pleased with the timely response by NWA. I wish all government bodies responded so quickly!

  • On Friday, March 9, 2018, I submitted by email my request for:
    1. All written regulations/guidelines/protocols/requirements for the provision of warnings/precautions/etc during road work/construction/repairs. This would include, for example, requirements for barriers, warning lights, reflective tape, cones, flag men, etc.
    2. Any requirements specifically for the construction now taking place in and around the Barbican Square area.
  • On Monday, March 12, 2018, I received an acknowledgement of receipt of my request.
  • On Tuesday, March 27, 2018, I received two documents in response to my request.

All of the responses were well within the time frames required under the Access to Information Act.

The Two Documents Received

  1. National Works Agency Temporary Traffic Control Template

NWA Temporary Traffic Control Template July 2015 versionThe document sent in response to the first of my requests is entitled the National Works Agency Temporary Traffic Control Template ; the cover indicates that it was last revised in July 2015. In six sections, it sets out the information that needs to be included when a temporary traffic plan for a project is submitted to the NWA.

An overview of the project is required…NWA template 1. 0 Project Overview

…and a list of “the responsibilities of key personnel involved in the development of the project” (2.0 TPM Team – Roles and Responsibilities). The Work Zone Impact Assessment (3.0) should include details such as the length of the project, whether road closures and detours will be necessary, whether any temporary structures will be needed to facilitate the movement of traffic and pedestrians, an assurance that there will be access for emergency vehicles, whether any utilities will be affected and what the hours of operation will be.

Section 4.0 refers to the traffic control devices to be used and recommends that planners refer to the Manual of Uniform Traffic Control Devices Section 6C. I haven’t yet found reference to a Jamaican document by that name and wonder if the reference is to a US Department of Transportation Federal Highway Administration document by that name. Section 6C of that document is about Temporary Traffic Control Elements and is certainly relevant. It specifically mentions that the needs of people with disabilities should be taken into consideration, the absence of which was one of my concerns about the situation in the Barbican Square area.NWA template 4.0 highlighted

It is somewhat ironic that the sample template given in the document uses Barbican Road as its fictional project.NWA template 4.0 - sample

Section 5.0 – Project Alterations – requires that if there are any changes to the scope of the project and additional work zones not in the initial Traffic Management Plan are added, the original plan must be resubmitted with all the proposed amendments. Section 6.0 gives a list of relevant terms, and an Appendix is required with all the sign dimensions and diagrams.

2. CHEC Traffic Management Plan for Barbican Road Improvement Project MIDP

The second document I received is entitled Traffic Management Plan for Barbican Road Improvement Project MIDP (Major Infrastructure Development Programme) and is a China Harbour Engineering Company Ltd (CHEC) document dated 28th September, 2017. It is stamped as having been received on September 29, 2017 by NWA Technical Services. CHEC Barbican Traffic Management Plan 28 Sept 2017

It is a six page document (including the cover) divided into three sections: 1. Profile, 2. General idea, 3. Traffic Management Plan. There are four diagrams in the Traffic Management Plan; this is the diagram on page 5.CHEC traffic management plan 28-9-17 p. 5

The details of the diagrams may be easier to understand when you look at the original document, as the images and legend are not very clear in the copy I received. The details of the plan may also be easier to understand if you are familiar with the project as a whole or if you have training and experience relevant to such planning and construction. I, however, come to this issue as a member of the public who had to travel through the area two weeks ago and was appalled by what I saw. And I find it difficult to understand from this document exactly what provisions were being planned to ensure the safety of people who would have to navigate the area by car or on foot.

I can’t easily tell what specific traffic control devices are to be placed where and when. I don’t know what the timeline for the four steps or phases are. I don’t know if the provisions of this plan were in effect or were supposed to be in effect on the two days I went through the area. What I do know is that on the days I drove and walked through, I saw no organised traffic management, one traffic sign in the vicinity of the Square and multiple hazards posing dangerous risks to both pedestrians and drivers.

The traffic management plan makes this statement: “We should set a flag lady on the flag zone to direct the traffic.” On the days I was there, I saw no sign of any flag lady or man directing traffic in any area of the work in the vicinity of the Square.

I don’t know if the NWA thinks that this Traffic Management Plan meets the requirements of the NWA’s Temporary Traffic Control Template. I don’t know if the NWA deems this Traffic Management Plan to be adequate for the scale of work being undertaken in the vicinity of Barbican Square.  I don’t know if it is representative of the plans generally submitted. I don’t know if there is any monitoring done on site to see if provisions laid out in submitted plans are implemented. I don’t know if the NWA has at any point evaluated the safety situation of the work being done for the Barbican Road Improvement Project.

There is a lot that I still don’t know, but there is one thing that I am certain of. The situation I saw on March 8 & 9 was a clear example of Government disregard for people’s safety.

I will be making some more ATI requests and I will share any further documents I receive.


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Jamaica’s Body-Worn Cameras: A Comfort to a Fool?

At some point you have to hear when actions speak louder than words. You have to acknowledge that the promises have turned out to be just that…promises. Declarations, clothed in good intentions perhaps, but with no real substance to them in the end. This certainly looks like the case with the use of body-worn cameras by members of the Jamaica Constabulary Force (JCF). These cameras seem to be a comfort to a fool.

Across at least two administrations and three police commissioners so far, there have been commitments to the use of body-worn cameras by the police. This has been promised as a tool to help with increasing accountability, transparency, professionalism, public trust in the JCF and as a counter to possible false accusations against the police. There have been press conferences, press releases, official launches, pilot projects and media stories about these body-worn cameras. The use of body-worn cameras has been included in legislation and the JCF (finally) produced in November last year policy and procedures regarding the cameras.

Yesterday the Independent Commission of Investigations (INDECOM) held a press conference about its 4th Quarterly Report for 2017, which was recently tabled in Parliament. Part Three of the report included a brief update regarding body-worn cameras (p.45).

INDECOM 4th Q report 2017 - body cameras iINDECOM 4th Q report 2017 - body cameras vINDECOM 4th Q report 2017 - body cameras viINDECOM 4th Q report 2017 - body cameras iv

To date, after all the fanfare, promises and hype, the JCF’s body-worn cameras have not resulted in one piece of footage of any incident that requires further action, not from a planned operation, not from a planned, stationary vehicle check point, not from a random incident, not from any camera deployed anywhere. So where are these body cameras being deployed, if not in circumstances where there is most likelihood of encounters which could result in injury or loss of life?

In some jurisdictions, the discussion about the usefulness of body cameras centres around whether the footage captures all of an encounter; whether the camera is deliberately turned on or off; whether footage should be released to the public and, if so, when; whether the cameras have significant impact on the behaviour of police or the public; whether the cameras actually reduce incidents of police abuse or other such issues. Here, however, we are wondering whether body cameras are actually being deployed and, if so, what is being captured on the body cameras.

“What we are saying is that the Commissioner of Police ought to, since we are putting public attention on it, ought to cause the Force to operate in a way where, when there is a planned operation, that at least one member of that operation who is going to be involved in the activities is wearing a body-worn camera. We think that it gives a false sense of accountability to say, “Oh, yes, we have body-worn cameras,” if you do not deploy them in the areas where they are most needed. And a Force which has questions surrounding its use of force needs to as much as possible put them on all officers who are likely to be involved in use of force incidents.” – Terrence Williams, INDECOM Commissioner, press conference, March 13, 2018

Major General Antony Anderson - JISThe new Commissioner of Police, Major General Antony Anderson, begins work next week, on March 19. From day one he will have a long list of issues needing his attention. Somewhere on that list should be a review of the deployment of this potentially useful tactical tool, which is currently being deployed in a manner that successfully avoids capturing anything of any significance.

 


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Barbican Square Roadworks: An Example of Government Disregard for People’s Safety

Whether or not the construction going on in Barbican Square will bring the promised benefits is not the subject of this blog post. What I want to consider is whether the situation I saw last week Thursday night and Friday afternoon is indicative of government that values the safety and well-being of its citizens.

JIS March 2017 release re Barbican roadworksThe Barbican Road Improvement Project has been going on for many months now. This release from Jamaica Information Service (JIS) in March last year described the scope of the planned work and indicated the timeframe for some of the phases. It included the following advice from Manager for Communication and Customer Services at the National Works Agency (NWA), Stephen Shaw:

Mr. Shaw urges persons to exercise caution as they traverse that area.

“There will be difficulties and challenges while the project is ongoing, but it will be for a greater good; and so, we are asking persons to work with us as we work to complete what we are hoping to be a very successful project,” he says.

In the ensuing months, there has been much comment about the ongoing roadworks in both traditional and social media and I have seen numerous photos posted online by fellow blogger Dennis Jones documenting various problems he has seen.

This image from Google maps shows the area and roads involved. East King’s House Road is marked with an arrow and the numbers indicate some points I will mention as I go along.Google map - Barbican Square with numbers

Barbican Square is not a route that I have to use routinely and with the ongoing construction I have consciously avoided the area. So when I had to use the route last Thursday night to access somewhere via Birdsucker Lane, I did so with a sense of unease. I had seen something about the closure of Birdsucker Lane, but had paid little attention to the timeline for it and wondered if it was still closed. I assumed that if it were, there would be some signs indicating the appropriate detour. I discovered that Birdsucker was open, but the absence of any proper signage or safety precautions was appalling. When I eventually reached home, I tweeted about the experience.Barbican tweet - 8-3-18

I approached the area via the East Kings’s House Road route, joined the usual lines of traffic going past Loshusan plaza, taking the right lane, as I normally would to head for Birdsucker. I saw a police car parked across the road from the exit (at 2 on map) from the plaza, obviously trying to discourage the usual boring that takes place just before the concrete median barriers at that point. There were no signs at the intersection of the roundabout road with Barbican Road (at 3 on map). In fact, I saw no signs directing traffic at any point in the roundabout area that night.Barbican tweet - 8-3-18 - 2Barbican tweet - 8-3-18 - 3The situation I mentioned in tweet #3 was along the stretch labeled 6 on the map.Barbican tweet - 8-3-18 - 4The woman with the small child I mentioned in tweet #4 was approaching the Jack’s Hill intersection, coming from the direction of the Square.Barbican tweet - 8-3-18 - 5

I was really troubled by my experience on Thursday night and wanted to see what the situation looked like during daylight, so I went back on Friday afternoon and spent about an hour walking around the area. What I saw confirmed my impression that there is a disregard for the safety of those who have to traverse the area either by car or on foot.

Along the stretch labeled 6 on the map, there were some barriers in evidence where an excavator and some men were working. However, further along the stretch there was nothing marking the edge of the trench being dug, to highlight the danger for motorists.

There were no signs to direct traffic flow at the intersections of Barbican Road with the roundabout road (3 on the map), with Birdsucker Lane (4 on the map) or East King’s House Road (5 on the map). There seemed to be a reliance on a few barriers and luck.

The only sign I saw directing traffic flow in the area of the Square was on East King’s House Road, near the Losushan traffic lights. And even that wasn’t very clearly placed. And nowhere did I see any flag men or women helping to guide drivers.Barbican Square - Losushan traffic light - 9-3-18 The hazards to pedestrians were many….uneven surfaces, with exposed unfinished construction and holes…

…sidewalks under construction which end abruptly and have uncovered holes, with no attempt to place warnings for pedestrians…

…protruding steel, with no covering and nothing to warn of its presence…

…a drain hole in a sidewalk, with a makeshift and inadequate covering.

The dangers are bad enough during the day, but imagine the additional risks at night and the additional risks to someone who is blind or who has a mobility impairment.

The government has a duty to protect people when construction is taking place on the public thoroughfares. Are there regulations, protocols, guidelines, standards governing such safety measures to protect users of the spaces during such construction? If so, what are those guidelines? Are they being met? Are they included in contracts being issued? What are the monitoring responsibilities of the NWA? Is the NWA satisfied with the safety provisions in Barbican Square roadworks?

These issues have been raised before, quite recently with an accident on Mandela Highway in which lives were lost. New roadworks have begun in Constant Spring and are promised for Hagley Park Road. But clear answers do not seem to be readily forthcoming. On Friday morning I made an Access to Information request to the NWA for “written regulations/guidelines/protocols/requirements for the provision of warnings/ precautions/etc during road work/construction/repairs.” Today I had an acknowledgement of my request. I will share any information I receive.

The JIS report I mentioned earlier stated that “Mr. Shaw urges persons to exercise caution as they traverse that area.” I would hope that Mr Shaw also urges the public officials at the NWA and other responsible government departments to exercise their duty to protect people’s safety as they traverse the area.