Right Steps & Poui Trees


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Beeline for the Beach: Weekly Photo Challenge – Lines

“This week, share a photo with a composition dominated by lines — hard or soft, straight or curvy, vertical or horizontal, or made in nature or as part of a cityscape.”

Boardwalk Beach…35 to 40 minutes from Kingston, depending on the traffic…the horizon…the wooden bench and fence…the shadows in the afternoon sun…IMG_20180406_144808_1_resized_20180425_021715201

 

Weekly Photo Challenge – Lines

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Pink Poui Tree: Weekly Photo Challenge – Prolific

“This week, show us your interpretation of prolific.”

It is still poui season and a poui tree in bloom is certainly prolific! Last week I shared photos of a yellow poui tree. This week it is the turn of a pink poui tree. (I declare my bias in favour of yellow poui trees, but I would never say this out loud in the hearing of any poui tree!)

Masses of blossoms on the tree…IMG_20180419_155456_resized_20180419_045007084

…and on the ground….IMG_20180419_161100_resized_20180419_060435850

Beautiful, even when fallen…IMG_20180419_160950_resized_20180419_060307106

Weekly Photo Challenge – Prolific


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Bare Poui: Weekly Photo Challenge – Awakening

“This week, show us renewal.”

At first glance, this may not look like an image of renewal…P1290582

…a poui tree, bare, after the blossoms have fallen.IMG_20180412_080737_resized_20180412_014521246

But it is a time of regeneration and renewal, preparation for the next poui season…IMG_20180331_074422_resized_20180412_011616801

…when the tree again produces masses of yellow sunlight flowers! Awakening!IMG_20180331_074452_resized_20180412_011833440

Weekly Photo Challenge – Awakening


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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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Rainbow: Weekly Photo Challenge – Smile

“This week, show us a smile (yours or someone else’s), make us smile, or both. Share a photo of something that has brought a moment of joy into your life recently, or focus on the outcome of that joy.”

Wordsworth wrote, “My heart leaps up when I behold/ A rainbow in the sky”. And rainbows reliably evoke a moment of joy in me, bring a smile to my face. One morning earlier this year, I saw a double rainbow when I was up on my roof. Bliss! Far…P1250114 (2)

…or near….P1250126

Rainbow: Weekly Photo Challenge – Smile


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Sunrise, Sunset: Weekly Photo Challenge – Rise/Set

“For this week’s photo challenge, explore the vibrant, hopeful colors of your favorite sunrise or sunset….Get creative and show us the sun in all of her fiery glory.”

Sunrise over the mountains…from my rooftop, Jamaica…IMG_20180128_063414_resized_20180328_123742679

Sunset over the sea….Kingston Harbour, Jamaica…IMG_20180212_175137_resized_20180328_123108084

Weekly Photo Challenge – Rise/Set


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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.