Right Steps & Poui Trees


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Disaster Risk Management Order No. 11 – Dated July 31, 2020

The Gazette of the Disaster Risk Management (Emergency Measures) (No. 11) Order, 2020 is available. It contains measures announced by Prime Minster Holness in Parliament on Tuesday, July 28, 2020. Many of the measures will expire on September 30, 2020, unless amended prior to that date.

Disaster Risk Management Order No 11 cover blog pic

The Disaster Risk Management (Enforcement Measures) (No. 11) Order, 2020 – July 31, 2020

Order No. 11 is posted on the websites of the Ministry of Justice and the Office of the Prime Minister.

House of Representatives Sitting on July 28, 2020.

The Prime Minster’s statement begins at approx 3:42:35 of the recording.

 


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Gazette of Disaster Risk Management Order No. 8 – Dated June 15, 2020

The electronic copy of the Gazette of the most recent Disaster Risk Management (Enforcement Measures ) Order has now been posted on the websites of the Office of the Prime Minister and the Ministry of Justice. This is Order No. 8. The hard copy was not yet available from the Jamaica Printing Services when I called this morning (June 19, 2020).

Here is a copy of the Gazette:

Disaster Risk Management Order No 8 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 8) Order 2020 – June 15 2020

Order No. 8 is firmly dated June 15, 2020, though it obviously wasn’t gazetted on that date. On Tuesday night (June 16, 2020), Prime Minister Andrew Holness brought the draft order to the House for discussion, as has been his practice. No copies of the draft order were circulated to the Members of Parliament, which has been the recent practice.

AG Malahoo Forte Parliament 16-6-2020 PBCJDuring the discussion, Attorney General Marlene Malahoo Forte responded to a question that had been posed by an Opposition MP and her preface to her response makes clear that the Gazette of Order No. 8 was not available at the time.

All right, so the Disaster Risk Management Enforcement Measures Number 8 Order was promulgated by the Prime Minister last week taking, took effect on the 15th, which was yesterday. This is the non-gazetted, it is being gazetted and should be completed by now, but this is it. You will see a number of improvement, clarity. Right, I’m just telling you. So, it, the law does not require the Order to be laid in the House, but it’s going to be brought here.

– Attorney General Malahoo Forte, Parliament, 16-6-2020

The PBCJ recording of the sitting of the House is available and the Attorney General’s comments begin at approx 5:47:40 in the recording.

Tracking when the Gazettes of the Covid-19 Orders become publicly available has really raised fo me the issue of the dating of the Gazettes containing these Orders, as the Gazette often carries a date prior to the date when it seems that the gazetting has actually taken place.

How is the date for the Gazette determined? Is it the date on which the measures are first broadcast by the Prime Minister, but not yet gazetted? Or the date on which measures come into effect, but not yet gazetted? Or when the final draft copy is sent for gazetting? Or when the Gazette is actually printed?

It is an obscure process, but can have some significant consequences. I will try to find out more.

I am also posting here a copy of an amendment that was made to the previous Order, Order No. 7. Just for completeness.

Disaster Risk Management Order No. 7 Amendment

The Disaster Risk Management (Enforcement Measures) (No. 7) (Amendment) Order 2020 – June 1 2020


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Jamaica’s Gazetted #COVID19 Order: April 14, 2020

The new order detailing additional measures to deal with COVID-19 in Jamaica first announced by Prime Minister Andrew Holness on April 14, 2020 has now been gazetted.

Disaster Risk Management gazetted order April 14 2020

The Disaster Risk Management (Enforcement Measures) (No_ 3) (Amendment) (No_2) Order 2020

I have not yet found it posted on a government website, but when I do, I will share the link.

One thing of interest…although the order was only gazetted in the late hours of April 16 (or early hours of April 17?), it is back dated to April 14. Is that an acceptable practice?

The press release from the Office of the Prime Minister issued last night indicates the timeline for the gazetting.

OPM press release 16-4-2020 - Covid 19

Also, this gazetted order is Amendment No. 2 of Order No. 3, which was dated April 8, 2020. Was there a previous amendment to Order No, 3? If so, what was it?

 


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Jamaica’s Gazetted #COVID19 Orders: March 16 – April 8, 2020

So far I have found only one government website that has posted a copy of any of the gazetted orders issued by the Government of Jamaica in the past month to deal with the Covid-19 pandemic. I believe that this is unacceptable, when these orders are the legal documents setting out the many measures that have been implemented to deal with the serious public health threat posed by this new virus. Although details of the measures have been publicised in different ways by the government, the gazetted orders ought to be clearly posted online as soon as they have been Gazetted. I do not understand why this is not being done, despite the need having been pointed out to members of the Government for weeks.

In Parliament after 7 o’clock tonight (April 15, 2020), Prime Minister Holness stated that the order he broadcast yesterday,  implementing a lockdown of the parish of St Catherine, has not yet been gazetted. He says that he is presenting the order in Parliament to allow for discussion and possible amendment before gazetting. (Once I obtain a gazetted copy of the order, I will share it.)Holness in Parliament 15-4-2020

In the meantime, I am posting copies of all but one of the Gazetted orders made between March 16, 2020 and April 8, 2020 here on my blog and I thank the Twitter follower who shared them with me. (One caution. I think that these are all of the orders, but I am not absolutely sure, as there is nowhere on any government website that a list or copies of the orders has been posted. Not a good situation for the public.)

The gazetted orders are posted below in chronological order.

March 16, 2020

The Disaster Risk Management (Enforcement Measures) Order, 2020 March 16 2020 front page

The Disaster Risk Management (Enforcement Measures) Order – March 16, 2020

March 24, 2020

Covid- 19 gazetted order March 24 blog pic

Disaster Risk Management Act (Enforcement Measures) (no. 2) Order, 2020 March 24 2020

March 25, 2020

Gazetted Covid-19 order March 25 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 2) (Amendment) Order, 2020 – March 25 2020

March 31, 2020

Covid gazetted order March 31 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 2) (Amendment) (No. 2) Order 2020 – March 31 2020

April 1, 2020

Gazetted covid order April 1 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 2) (Amendment )(No. 3) Order 2020 – April 1, 2020

April 8, 2020

Gazetted Order Covid 19 April 8 2020 front page

Disaster Risk Management (Enforcement Measures) (No. 3) Order 2020

The April 8, 2020 order is the only one of the gazetted orders that I have found on a government website. It is on the Ministry of Health and Wellness’ Covid-19 page on the Ministry’s website.

 

The Trade (Sale of Goods During Period of Declaration of Disaster Area) Order, 2020 – March 31, 2020

Trade Act order March 31 2020 covid-19 blog pic

The Trade (Sale of Goods During Period of Declaration of Disaster Area) Order, 2020

This order came into effect on March 31, 2020, but I do not have a gazetted copy of it. This copy is posted on Parliament’s website, along with other non-gazetted copies of some of the other orders.Parliament Resolutions & orders 15-4-2020 blog pic

Related Documents

Disaster Risk management Act 2015 blog pic

The Disaster Risk Management Act, 2015

Horace Levy’s Letter to the Editor, Jamaica Observer, April 15, 2020 – Beware rule by edict! 

 


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Information Sharing Events: #COVID19 #Jamaica

Yesterday (March 10, 2020) Jamaica announced that it had its first confirmed case of the coronavirus COVID-19, a young Jamaican woman who had arrived in the island from the UK…

“…on March 4, presented to the public health system on March 9 and has been in isolation since then.

Based on the patient’s travel history and symptoms, health professionals suspected COVID-19. A clinical sample was collected and sent to the
National Influenza Centre, where laboratory tests confirmed the diagnosis
today at approximately 11:00 am.”

Minister Tufton – Press Statement re Corona Virus March 10 2020

Today (March 11, 2020) the World Health Organization classified the COVID-19 outbreak as a pandemic.

“In the past two weeks, the number of cases of COVID-19 outside China has increased 13-fold, and the number of affected countries has tripled.

There are now more than 118,000 cases in 114 countries, and 4,291 people have lost their lives.

Thousands more are fighting for their lives in hospitals.

In the days and weeks ahead, we expect to see the number of cases, the number of deaths, and the number of affected countries climb even higher.

WHO has been assessing this outbreak around the clock and we are deeply concerned both by the alarming levels of spread and severity, and by the alarming levels of inaction.

We have therefore made the assessment that COVID-19 can be characterized as a pandemic.

Pandemic is not a word to use lightly or carelessly. It is a word that, if misused, can cause unreasonable fear, or unjustified acceptance that the fight is over, leading to unnecessary suffering and death.

Describing the situation as a pandemic does not change WHO’s assessment of the threat posed by this virus. It doesn’t change what WHO is doing, and it doesn’t change what countries should do.

We have never before seen a pandemic sparked by a coronavirus. This is the first pandemic caused by a coronavirus.

And we have never before seen a pandemic that can be controlled, at the same time.

WHO has been in full response mode since we were notified of the first cases.

And we have called every day for countries to take urgent and aggressive action.

We have rung the alarm bell loud and clear.”

WHO Director-General’s opening remarks at the media briefing on COVID-19 – 11 March 2020

Online link here

Within the last week there have been a number of events aimed at sharing information about the COVID-19 disease generally and about the disease in the context of Jamaica. Most of these events took place before the first case was identified in Jamaica and the situation is developing rapidly around the world and here as well. But I wanted to pull together in one place some of the information events here and that is the simple purpose of this blog post.

March 10, 2020 – Ministry of Health & Wellness Press Briefing on 1st Case of Coronavirus confirmed

MOHW Covid-19 press briefing 10-3-2020

Unfortunately the Public Broadcasting Corporation of Jamaica recording doesn’t start right at the beginning of the press briefing, but the full text of Minister Chris Tufton’s statement can be seen in the first document in this blog post. And there is a full recording on Prime Minister Holness’ Facebook page.

March 8, 2020 – Minister of Health’s National Statement: COVID-19 Comprehensive Response Plan

Minister Tufton COVID-19 National Statement 8-3-2020This National Statement was broadcast on Sunday night on most of the main radio and television stations. I cannot find the text of it on the Ministry of Health website, however. Perhaps they will post it at some point.

What I also haven’t yet seen is a published copy of the Comprehensive Response Plan document and I don’t yet know when or if the government intends to make it public. I think it should be made public.

March 5, 2020 – University of the West Indies (Mona) Faculty of Medical Sciences, COVID-19 Pandemic Preparedness Conference

UWI Faculty of Medicine COVID-19 conference 5-3-2020

Dr Tomlin Paul, Dean of the Faculty of Medical Sciences, chaired this conference at which seven presentations were made on a variety of aspects of the situation. The presenters were:  Professor Celia Christie, Dr Carl Bruce, Dr Sandra Jackson, Dr Karen Webster-Kerr, Dr Christine Clarke, Professor Wendel Abel, Professor J. Peter Figueroa and their presentations were followed by a Q & A session. It was a very informative event and was streamed live, which extended the reach greatly.

March 5, 2020 – Meeting of the National Disaster Risk Management Council

National Disaster Risk Management Council 5-3-2020

The Council is headed by the Prime Minister and at the meeting he and a number of other Ministers and agency heads made presentations focused on COVID-19.

The situation continues to evolve and the need for timely official information is ongoing.


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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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Parliamentarians, A Joint Select Committee & INDECOM

In Parliament last week Tuesday (January 30, 2018), during the discussion about extending the period of Public Emergency in St James, Prime Minister Andrew Holness and Opposition Leader Peter Phillips both commented on the functioning of the Independent Commission of Investigations (INDECOM).  Their comments fit into an ongoing narrative that paints INDECOM as not being “balanced” in its approach and acting in a way that demoralizes the members of the security forces it is mandated to investigate.MP Phillips - PBCJ - Parliament 30-1-18

Dr Phillips: I’d like to end by also offering our commendations to the security forces for, not only in this area in St James but generally, the rank and file for the most part and the officers for the most part have conducted themselves with commendable efficiency in very difficult circumstances and they are to be commended. And I think even as they go, not only there but in the other areas of the country, while we urge them to obey the law, I want to urge those who investigate them, including INDECOM, to be mindful of the circumstances in which they operate. If I can be blunt, if INDECOM has a problem with the members of the security forces, I don’t think they should disarm them in public in full view of the citizens. I think that that unnecessarily demoralizes the men and women who are urged to obey the law, but who operate in what is a very dangerous situation on the street. There is literally a war that has been declared on society and in that circumstances you cannot weaken those who serve in the face of those who attack them.

PM Holness - PBCJ - Parliament 30-1-18

In responding to Dr Phillips, PM Holness said:

You mentioned INDECOM. We take the view that there really needs to be balance in how INDECOM operates. I’ve decided not to go any further with my comments on INDECOM. I think this House, which created the institution, which still retains the power, at some point…I suspect it would have to be sooner than later…we will have to take some decisions…to ensure that that very important institution operates with balance.

(A video recording of the session in Parliament is available here. Dr Phillips’ comment begins at 1:11:59 & PM Holness’ comment begins at 1:37:00.)

The following day, INDECOM issued two press releases in response to the comments in Parliament. In the first, the Commission refuted Dr Phillips’ assertion:INDECOM press release Jan 31 2018 aINDECOM press release Jan 31 2018 b

In the second, INDECOM shared Commissioner Williams’ letter to Justice Minister Delroy Chuck, requesting an opportunity to be informed of the perceived problems and to respond:

INDECOM press release and letter 31-2-18 a

INDECOM letter to Minister of Justice 31-1-18

Dear Minister Chuck,

Re: Remarks in Parliament on INDECOM

Reference is made to the captioned.

On the 30th instant, remarks were made in Parliament that INDECOM needed “balance” in its work and that INDECOM’s investigators were disarming police officers in public spaces.

As a Commission of Parliament, INDECOM is obligated to make reports to Parliament on matters of concern. We do not know what claims advised the assertion that our work lacks balance and would appreciate an opportunity to be so advised and to respond. As misinformation must not be permitted to direct policy.

The remark about disarming of police officers ia an example of misinformation. This was raised by the Police Federation during the Joint Select Committee’s Review of the INDECOM Act. We were able to debunk this claim. The position remains that police officers are disarmed by their colleagues and this is done at the police station. A 2014 JCF Force Order published the agreed protocol between the JCF in this regard.

Given your statutory remit to serve as the liason between INDECOM and Parliament, INDECOM seeks your kind intervention in this matter to permit us to be aware of assertions being made and to answer them.

Yours sincerely,

INDEPENDENT COMMISSION OF INVESTIGATIONS

Terrence F Williams

Commissioner

 

This is not the first occasion on which PM Holness has spoken about INDECOM needing to be more “balanced” in its approach or for the need to review or make changes to the INDECOM Act. It is unfortunate and unhelpful, however, that the Prime Minister hasn’t been more specific in making clear exactly what he means by “balance/balanced” or what aspects of the Act he thinks need further review or need to be changed. His repeated references without specificity encourage speculation, limit INDECOM’s ability to respond and may have the effect of eroding confidence in the workings of the Commission.

Review of the INDECOM Act

Section 37 of the INDECOM Act, which came into effect in 2010, requires periodic reviews of the Act, the first to take place no later than three years after the Act came into effect.

INDECOM Act Section 37

In 2013, a Joint Select Committee (JSC) was established to review the Act; it began its examination on June 27, 2013, held 23 meetings, concluded its report in October 2015 and the report was tabled in Parliament in November 2015. JSC INDECOM Act Review report

A copy of the report is available here: Joint Select Committee Report on INDECOM Act. What has happened to the report since it was submitted to Parliament? Which of the JSC’s recommendations have been accepted or rejected? What amendments to the Act are to be tabled in Parliament? More than two years after the report was submitted, it would be reasonable for the public to have some official word via Parliament.

A September 29, 2016 Jamaica Information Service (JIS) release titled “Cabinet Looking at Report on INDECOM” included the following reference to a statement made by National Security Minister Robert Montague:JIS 29-9-16 Montague re INDECOM report - an excerpt

Last year there was a report in the media that Minister of Justice Delroy Chuck had indicated there had been some movement regarding Cabinet’s consideration of the JSC recommendations, but there has still not been any action in Parliament regarding the report and its recommendations.

And this is part of what makes the comments in Parliament last week by the Leader of the Opposition and the Prime Minister so remiss.  Parliament passed a law establishing INDECOM, a Commission of Parliament (2010). That law passed by Parliament required a review of the law not more than three years after passage. Parliament established a Joint Select Committee of both Houses to conduct that review (2013). That Committee of Parliament held meetings over two years and produced a report containing its recommendations. That report was tabled in Parliament (2015). More than two years later, there has been no further action in Parliament regarding that report and its recommendations (2018). Yet the Prime Minister and the Leader of the Opposition found it appropriate to make the comments they did in Parliament.

The Prime Minister did say “I think this House, which created the institution, which still retains the power, at some point…I suspect it would have to be sooner than later…we will have to take some decisions….” Yes, I would suggest that Parliament – that Parliamentarians – take some action, make some decisions. The current situation really makes a mockery of Parliament’s own processes.

 

 

,

 

 


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State of Public Emergency Declared For Parish of St James

At a press briefing today, Prime Minister Andrew Holness announced that a State of Public Emergency had been declared for the parish of St James in western Jamaica. Also making statements at the briefing were Minister of Justice Delroy Chuck, Minister of National Security Robert Montague, Commissioner of Police George Quallo and Chief of Defence Staff of the Jamaica Defence Force, Major General Rocky Meade.

PBCJ - State of Emergency press briefing 18-1-18

(L to R) Major General Meade, Minister Montague, Prime Minister Holness, Minister Chuck, Commissioner Quallo

A recording of the full briefing is available via the Public Broadcasting Corporation of Jamaica (PBCJ) at the following link: Press Briefing – January 18, 2018.

Below is a transcript of PM Holness’ opening statement:

Good afternoon, everyone.

As we are all aware and agree, the crime and violence – in particular murders – have been escalating in the parish of St. James. I have been advised by the security forces in writing that the level of criminal activity experienced, continued and threatened, is of such a nature and so extensive in scale as to endanger public safety.

In consideration of this, I wrote to the Governor General recommending the declaration of a State of Public Emergency for the parish of St James. The Governor General has signed a Proclamation dated and effective 18th of January, 2018. The Proclamation has been gazetted. A State of Public Emergency is now in effect for St James.

Under State of Public Emergency the security forces will have extraordinary powers and some rights are suspended. This does not mean that the use of these extraordinary powers can be arbitrary or are beyond review.  The declaration of a State of Public Emergency does not mean the suspension of the rule of law. The security forces are expected and have been directed to treat citizens with respect and protect the dignity and safety of all.

Clearly the operations which will be conducted, though directed at criminals and their facilitators – I want to repeat that, the facilitators of criminals – will create some level of general discomfort. We ask the public to cooperate with the security forces.

Now is the time, if you know where the guns are, please tell us. If you know where the criminals are, please tell us. The reward for guns programme is still in effect. The number to call is Crime Stop – 311 – or call the security forces hotline – 830-8888. {This was later corrected to give the accurate number – 837-8888.}

As has always been the stance of the Government, we will continue with a credible process of communicating with the public. We ask the press and the public to be understanding of the sensitivities of this matter.

Again, a State of Public Emergency is in effect for the parish of St James.

The Office of the Prime Minister subsequently sent out this release:Press release re State of Public Emergency 18-1-18 p 1

Prime Minister Andrew Holness has declared a State of Public Emergency in the parish of St. James effective Thursday, January 18.

The Prime Minister made the announcement this afternoon (January 18) at a press conference held at Jamaica House.

“Crime and violence in particular murders have been escalating in the parish of St. James. I have been advised by the security forces in writing that the level of criminal activity experience continued and threatened, is of such a nature and so extensive in scale as to endanger public safety”, said the Prime Minister.

The Governor General signed the Proclamation to bring into the effect the state of public emergency. The Proclamation has also been gazetted.

The constitution provides that a period of public emergency can be declared by a proclamation if the Governor-General is satisfied that action has been taken or is immediately threatened by any person or body of person in such a nature and on so extensive a scale as likely to endanger public safety.

Last year, 335 murders were recorded in St. James, which is twice the number of any other parish.

Prime Minister Holness outlined that under the state of emergency the security forces will have extraordinary powers and some rights will be suspended. He noted, however, “This does not mean that use of these extraordinary powers can be arbitrary or are beyond review. The security forces are expected and have been directed to treat citizens with respect and protect the dignity and safety of all”.

The security forces will have the power to search, curtail operating hours of business, access to places and to detain persons without a warrant.

In addition, all persons using all roads leading in and out of St James will be subject to vehicle and personal search. In various areas of city and township, there will be joint static and mobile patrol. Persons may also be stopped at various checkpoints.

Meanwhile, Security Minister, Hon. Robert Montaque made an appeal to the citizens of St. James for their full cooperation during the period. He acknowledged usual activities may be curtailed. However, he assured that the operations to be carried out by the security forces will be targeted at the criminal elements and their facilitators.

“Any information you have, we need it. We need your full cooperation in moving forward in restoring peace and order so that the good people can continue to contribute to the well-being of Jamaica”, said Minister Montaque.

If persons have any information to assist in the crime fighting effort, they may call crime stop, 311.

A special hotline has also been set up to be manned by the Jamaica Defence Force for persons to give information.  The number is 830-8888.

—30—

Below is a copy of the Proclamation by the Governor General declaring the State of Public Emergency. (I’m sorry it is such a poor copy, but it’s the only one I could find at the moment. If I locate a better copy, I will substitute it.)

GG Proclamation 18-1-18 p1GG Proclamation 18-1-18 p2GG Proclamation 18-1-18 p3

The Regulations governing the period of Public Emergency are to be tabled in Parliament next week Tuesday.

 

 


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Body-Worn Cameras: A Secret Transparency Tool?

I remain concerned that to date the public has no idea what protocols govern the use of body-worn cameras  by police or soldiers in Jamaica, although these cameras are now being used by the police here. Body-worn cameras are widely regarded as a tool that may enhance accountability and transparency in policing, bringing an additional source of information about interactions between the police and the public. Inadequate protocols governing their use can, however, completely undermine any benefit to be derived from the wearing of such cameras. How can the Jamaican public know if the protocols governing use of body-worn cameras here are adequate, if we don’t know what those protocols are?

Zones of Special Operations (ZOSO) Act & Body-Worn Cameras

The recently passed Law Reform (Zones of Special Operations)(Special Security and Community Development Measures) Act, 2017 makes provision for the wearing of body-worn cameras by members of the Joint Forces – police and soldiers – within declared special zones.

Section 19(1) of the Act says:Zones of Special Operations Section 19 1

Section 19(2) of the Act requires the establishment of protocols and procedures for the use of the cameras, setting out some of the matters that may be dealt with in the protocols and procedures.Zones of Special Operations Act Section 19 2 AZones of Special Operations Act Section 19 2 B

 

Prime Minister Holness’ Commitment

Last week I was able to put a question about the current status of these required protocols to Prime Minister Andrew Holness, via a tweet to Cliff Hughes during his  Online programme on Nationwide News Network. The Prime Minister was the guest on the weekly Ask The OPM segment of Hughes’ programme and was fielding questions by phone & social media. I asked:SG tweet 19-9-17 Hughes PM body cameras

Hughes asked the questions and PM Holness answered:

“The protocols are established but we have a resource challenge. So the police do have body cameras. We have still…we have identified a supplier and we need to outfit the military with cameras and that is being done. As I said earlier, this is a proof of concept and much learning is taking place. So all the protocols that were established will…we will review them to see how they actually work on the ground, but by the time the second zone is around, we should have final protocols. We’ll share them with the public; there is nothing secret about the ZOSO and we should be able to outfit all key personnel… operational personnel with body cameras.” (Transcribed from recording, Cliff Hughes Online, Nationwide News Network, September 19, 2017)

I am glad for the Prime Minister’s commitments that protocols have been established, that they will be finalised before a second zone is declared and that they will be made public. He didn’t say, however, whether the protocols have been shared with INDECOM (the Independent Commission of Investigations) and, at this point, we have no clear timelines for the things committed.

 

Police and body-worn cameras prior to ZOSO

The wearing of body-worn cameras by members of the Jamaica Constabulary Force (JCF) didn’t begin with the passage of the ZOSO Act or the declaration of the first Zone. Body-worn cameras have been recommended and discussed for many years in various quarters, including the government, civil society, international bodies and the JCF itself. In recent years, steps were taken to start the process within the JCF.

In 2014, then Minister of National Security Peter Bunting announced that select police units would begin to wear body cameras and “noted that a protocol [would] be established, making it mandatory for the officers to engage the cameras once they [were] going on an operation.”

 

In August 2016,  there was an official launch of the body-worn camera project at the Office of the Commissioner of Police. Then Commissioner Carl Williams said: “This is a significant step on the road to improving our human rights record and ultimately, public trust. As we accept these body-worn cameras, I cannot help but underscore the remarkable stimulus that they provide for Police reform, and conformity by suspects. These devices will provide greater transparency, build public trust and provide evidence against false accusations.” Minister of National Security Robert Montague “stated that these cameras [would] aid in significantly improving the trust between members of the Force and the public.”

In February this year, the JCF announced that some police had actually started wearing the provided body cameras.

At this point, INDECOM indicated its concern “that the JCF [had] not yet advised INDECOM as to the proposed procedures and protocols that [would] govern the use of the equipment, collection and storage of data, and subsequent viewing of the footage.” (INDECOM Press Release 21-2-17) In a discussion on Nationwide News Network the following morning, Superintendent Stephanie Lindsay, head of the Constabulary Communications Unit, responded to INDECOM’s concerns saying that “We have a protocol that guides the operation of these cameras internally; it is not something that we would be discussing externally.” It is astounding that the JCF would consider it appropriate not to share the protocols governing the operation of body cameras with the independent oversight body mandated to investigate fatal shootings and allegations of abuse by the police. At the time of INDECOM’s May 26, 2017 press conference, they had still not seen the JCF’s protocols.

Given the approach of the JCF regarding INDECOM, it is hardly surprising that the JCF’s protocols haven’t been made public.

Protocols And Procedures

I have wondered whether the protocols and procedures governing the use of body-worn cameras within the declared special Zones would differ from those governing their use outside of the Zones. Indeed, I do not think that it is satisfactory that the drafting of such protocols should be left to the Heads of the Army and Police Force, with no requirement for consultation with any other body, INDECOM or the Office of the Public Defender, for example.

In a Twitter thread about body-worn cameras (yes, I do tweet a lot), I asked the following question and got a reply from Commissioner of Police Quallo:SG tweet 8-9-17 body camera protocols

COP Quallo tweet 10-9-17 body cameras protocols(*SOP = Standard Operation Procedure)

Finally, while the assurances of PM Holness are welcome, until the protocols are actually made public, they may be a comfort to a fool.

  • We do not know if the cameras already in use – since the declaration of the first Zone, since earlier this year (or before?) – have captured any footage relevant to any fatal shooting by the police or any alleged instance of abuse.
  • We do not know when cameras should be turned on or off and what sanctions there are for not complying with this.
  • We do not know if footage has been safely stored for the record or has been destroyed intentionally or inadvertently.
  • We do not know how long video is stored for or  who has access to such footage and under what circumstances? INDECOM? The police or soldiers involved in an incident? Lawyers – either for an accused person or the family of someone killed by the police or an involved policeman? Journalists? The public?
  • We know nothing about what has governed the use of the body-worn cameras to date and any video footage that has already been recorded.
  • Etc…

If the public doesn’t know what the protocols and procedures are, how can we know if they are adequate? And if we don’t know whether the protocols and procedures are adequate, how can the use of body cameras build trust?

Body-worn cameras can’t be a secret tool of transparency and accountability.

Related Post

350 Words or Less: Police Using Body Cameras, But What Protocol Is Regulating Their Use?

 

 

 


Making Haste: Joint Select Committee & Special Zones of Operations Act

This afternoon (June 13, 2017), the Joint Select Committee of Parliament considering The Law Reform (Zones of Special Operations) (Special Security and Community Development Measures) Act, 2017 had its first sitting. It was a short, preliminary meeting primarily intended to set out how the Committee will proceed.

Delroy Chuck 2Minister of Justice Delroy Chuck is chairing the Committee and reminded that the Bill had been tabled in the House by Prime Minister Holness during his Budget Debate presentation on March 21, 2017. He noted that this Bill is one of the measures intended to deal with the high level of violent crime in the country and made reference to the quadruple murder that had taken place in the parish of Hanover this morning. He indicated that the Prime Minister had asked that the Committee complete its deliberations by the end of June. This means that the Committee has about two weeks in which to conduct its process and report back to Parliament; by the first week in July, at the latest, Minister Chuck said.

The Committee has asked that advertisements be placed in the media this week, inviting individuals and organizations to make written submissions on the Bill to Parliament, with a possible deadline for submission by next week Tuesday.  They will also write to a number of specific organizations inviting them to make submissions; among those mentioned were the Jamaica Bar Association, the Advocates Association, the Public Defender, Jamaicans for Justice, the Norman Manley Law School and the Faculty of Law at the University of Technology. Individuals and organizations which make written submissions may be asked to make presentations in the Chamber, which will need to take place next week or the week after that.

Dates for three meetings of the Committee were set today, though these may change, as sometimes happens:

  • Wednesday, June 21 – 9 a.m.
  • Tuesday, June 27 – 10 a.m.
  • Wednesday, June 28 – 2 p.m.

It is hoped that all contributions can be concluded by the end of these three meetings, after which the Committee will do a clause-by-clause review of the Bill before finalising their report to Parliament.

Minster Chuck said that Attorney General Marlene Malahoo Forte will be attending the meetings of the Committee and the next meeting will begin with the Attorney General giving an outline of the Bill. He also said that the National Security Advisor and representatives of the Jamaica Constabulary Force and Jamaica Defence Force will be invited to attend the meetings.

I am not sure of the full membership of the Joint Select Committee, but present today were MPs Marisa Dalrymple-Philibert, Evon Redman and Floyd Green and Senator Pearnel Charles, Jr. Apologies were tendered for MP Peter Bunting and Senators Mark Golding and Ransford Braham. (Marlene Malahoo Forte was present in her capacity as Attorney General, from Minister Chuck’s comments.)

The Committee is attempting to complete its work in a very short period, with very limited notice to the public for submissions, which may jeopardize the “closer scrutiny of the Parliament in a joint select committee” contemplated by the Prime Minister when he tabled the Bill.

Previous blog post in which I raised questions & concerns about the Bill: Yes, You Do Get to Ask Questions About the Zones of Special Operations Act