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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Minister Chuck & the INDECOM Debate

PBCJ Sitting of House July 21 2020 - Minister ChuckIn Parliament on Tuesday (July 21, 2020), Minister of Justice Delroy Chuck opened the debate on his motion to amend the Independent Commission of Investigations Act, 2010. In a presentation lasting less than ten minutes, he laid out the government’s position regarding the proposed amendments and the process to be followed to get there. No-one else spoke in the debate on Tuesday. Minister Chuck ended his statement saying that it was the intention that the debate should be concluded next week:

“Mr Speaker, I now ask for a suspension of the debate and hope that other Parliamentarians will see it appropriate to make their contributions next week when we hope to close the debate.”

I wonder who will speak next week and for how many minutes.

As Minister Chuck has indicated before, the Government is asking the Members of the House to support all the recommendations included in the 2015 report of the Joint Select Committee that reviewed the INDECOM Act, except the recommendation to give INDECOM the power to prosecute. JSC INDECOM Review power to prosecute

When Minister Chuck spoke about this recommendation on Tuesday,  he added “And I dare say, Mr Speaker, I was one of the strongest proponents of that view. ” The view that INDECOM needed the power to prosecute.

Minister Chuck’s change in position seems to be based primarily on the increased number of prosecutors at the Office of the DPP. He spoke generally about the increased numbers, and referred to an existing MOU between the Office of the DPP and INDECOM:

Mr. Speaker, it is important to note that a MOU was arrived at in March 2018 between the ODPP and INDECOM whereby, among other things, two prosecutors were assigned specifically to liaise directly with and treat with INDECOM matters.  Indeed, if more prosecutors are needed to deal with INDECOM matters in a timely manner, I am assured by the DPP that one or more prosecutors can be so assigned.

Minister Chuck’s Opening statement, p. 2

What he did not do was to provide any data on how that MOU has functioned. There was no data, for example, on the number of files INDECOM has sent to the ODPP each year; no data on how long it has taken for the ODPP to make decisions on the files sent; no data on the causes of any delays; no data on what decisions have been made (without identifying the individual cases themselves, but whether decisions were made to prosecute, to send to coroner’s court or for disciplinary proceeding or other options).

Beyond the Minister’s assurances, what would Members of Parliament (and members of the public) rely on to assess how the ODPP has managed the INDECOM files to date and will be able to manage them in the future?

Although the Minister didn’t specifically refer to the Joint Select Committee recommendation that INDECOM should clearly have the power to arrest and charge, this is not being supported by the Government either. (See Section 20, p. 10 of the report.) And Minister Chuck didn’t give the reasoning for this in his presentation.

Mr Chuck listed a number of additional amendments to be included and set out the intended process if the motion passes:

These recommendations plus others in the Report will be introduced in a Bill to amend the INDECOM Act and drafting instructions will accordingly be provided to OPC at the close of this debate and after further consideration by Cabinet.  I hope that the proposed amended Bill will be tabled in Parliament during this fiscal year.

Minister Chuck’s Opening statement, p. 4

Next week is scheduled to be the last week before Parliament goes on its summer break. This debate is likely to be completed and the motion passed without much notice. And this will be a blow for police accountabilty measures in Jamaica. There will still be the opportunity to advocate for inclusion of these powers up until a new Bill is actually passed, although Minister Chuck has indicated the Government’s position.

INDECOM, under the leadership of its first Commissioner – Terrence Williams – has had a significant impact in its first ten years. I wonder what the next ten years will bring…

Related Documents

Motion Regarding Amendments to the Independent Commission of Investigations Act, 2010 brought to the House on May 27, 2020, by Minister of Justice Delroy Chuck. (If I find a better copy of the motion, I will post it.)

Motion Regarding Amendments to Independent Commission of Investigations Act, 2020 - Minister of Justice Delroy Chuck May 27 2020

Text of Minister Chuck’s Opening Statement in Debate on INDECOM Act Amendment Motion 

Minister Chuck's Opening Statement in INDECOM Act motion

MINISTER CHUCK’S OPENING PRESENTATION – INDECOM – Amendment to INDECOM Act – dated 17-7-2020 – delivered 22-7-2020

Report of Joint Select Committee Reviewing the INDECOM Act – Tabled in Parliament 2015

JFJ graphic

 

Recent post by Jamaicans for Justice on proposed amendments to the INDECOM Act

JFJ – Safeguard INDECOM’s Independence – Reform the INDECOM Act – 22-6-2020

PBCJ Recording of the Sitting of House of Representatives July 21, 2020 Minister Chuck’s statement begins at approximately 3:43:00 in the recording.

 

 

 

 


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The Death of Noel Chambers: “…a comprehensive audit…has been commissioned”

On January 24, 2020, Mr Noel Chambers died in the Tower Street Adult Correctional Centre.

INDECOM 1st Quarterly Report 2020 - Noel Chambers - blog picOn June 2, 2020, the public was made aware of Mr Chambers’ death when the Independent Commission of Investigations (INDECOM) released its First Quarterly Report for 2020 at a digital press conference. The details given about Mr Chambers’ incarceration and death were horrifying and outraged the country.

“At the time of his death Mr. Chambers was 81 years old. He was incarcerated on February 4, 1980 and had been in prison for 40 years without being tried. He was being held at the Governor General’s pleasure, deemed unfit to plead to a charge of murder. Therefore he was being held in custody without being convicted for an offence….

At the time of his death he was in a deplorable physical condition. His clothing was filthy and his body showed evidence of chronic emaciation. He was covered with what appeared to be vermin bites, live bedbugs (‘chink’) and he showed signs of having bed sores.”

(p. 5, INDECOM First Quarterly Report 2020)

In the days following news of Mr Chambers’ death, we were told that more details regarding the circumstances surrounding his death and the government’s response would be given when Minister of National Security Horace Chang gave a statement in Parliament. The Department of Correctional Services, which manages the prisons, falls under the Ministry of National Security.

On June 16, 2020, Minister Chang gave a statement in Parliament.  This is the text of the statement…

Minister Chang statement re Noel Chambers blog pic

PARLIAMENTARY STATEMENT on death of Noel Chambers

…and this is a link to the Public Broadcasting Corporation of Jamaica’s (PBCJ) recording of the sitting of the House of Representatives that day. Minister Chang’s statement about the death of Mr Chambers begins at approximately 23:30 in the recording.

PBCJ Min Chang Parliament 16-6-2020 Noel Chambers statement pic

I have a number of concerns arising out of this statement, but the one I want to focus on here is the audit announced in Paragraph 4 of Minister Chang’s statement:

Mr. Speaker, it is important to note that a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned. This audit is expected to not only reveal the circumstances specific to his death but also to thoroughly examine the procedures involved in the treatment of inmates who are deemed unfit to plead. In the interim, I wish to outline the details of preliminary findings from the special investigation undertaken by the Department of Correctional Services.

“…a comprehensive audit into the circumstances surrounding the death of Mr. Chambers has been commissioned.” This is what the Parliament was told and by extension the country as a whole. This is put forward as a major mechanism for uncovering the details surrounding Mr Chambers’ death, for accountability and for recommending changes in the systems that allowed for his incarceration and death.

“…a comprehensive audit into the circumstances surrounding the death of Mr Chambers has been commissioned.”

  • Who commissioned the audit?
  • Who is carrying out the audit? What body? Which individuals?
  • What are the terms of reference of the audit?
  • What resources and powers have been granted for the carrying out of this audit?
  • What is the timeline for the completion of the audit?
  • To whom will the audit report be sent once it is completed?
  • Will the audit report be tabled in Parliament? Will it be made public?

If the answers to these questions are not made public, it will be difficult – if not impossible – for the public to hold the government accountable for this process and any subsequent action.

One reason why greater transparency is absolutely necessary is that this audit process may be being carried out by entities and/or individuals responsible for the circumstances that led to Mr Chambers’ incarceration and death.

More information is necessary, Minister Chang.

We need to remember that it wasn’t the Ministry of National Security that brought Mr Chambers’ death to public attention. Without INDECOM’s report, we would not have known.

 

 

 

 


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Integrity Commission Petrojam Reports Tabled in Parliament

Three reports from the Integrity Commission were tabled in Parliament today, June 30 2020. Two are special reports of the Commissions investigations into allegations regarding the functioning of Petrojam Limited; the third is the Annual Report of the Integrity Commission for 2019/2020. The point of this post is simply to make these reports  more widely available.

Integrity Commission Petrojam Report 1

REDACTED 2 – IC Petrojam Investigation – Recruitment and Parties October 18, 2019 final

Integrity Commission Petrojam Report 2

REDACTED -IC Petrojam Investigation – Donations October 2019 final

Integrity Commission Annual Report 2019-2020

Integrity Commission – Annual Report 2019-2020

 

 


Jamaica’s Gazetted #COVID19 Order No. 4: April 21, 2020

A new Disaster Risk Management Order setting out measures to deal with Covid-19 in Jamaica has been gazetted. I have posted a copy here:

 

gazetted covid-19 Order No. 4 21-4-2020 blog pic

The Disaster Risk Management (Enforcement Measures) (No. 4) Order, 2020 – April 21, 2020

The Gazetted Order is available online on the Office of the Prime Minister’s website.

The OPM website Covid19 Order No 4 blog pic

The Prime Minister announced the measures at a press briefing on Monday evening (April 20, 2020). The draft order was the subject of discussion in Parliament late into the night on Tuesday (April 21, 2020) and was subsequently gazetted. The gazetted order is dated April 21, which does raise the question of whether it was gazetted that night before midnight, or whether it was actually gazetted the following day (April 22) and back-dated. And whether that matters or not…

This is a link to the Public Broadcasting Corporation of Jamaica’s (PBCJ) recording of that sitting of Parliament. Prime Minister Holness’ statement regarding Order No. 4 begins at about 4:16:30 in the video.


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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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Department of Dress Code Compliance Opens for Business

In case you missed this news item, I have posted the article below in full, as I wouldn’t want readers of this blog to be unaware of this important new public service!dress code portal headline highlighted

Public Encouraged to Make Use of New Dress Code Compliance Portal

Friday, September 13, 2019

The new Department of Dress Code Compliance (D²C²) is now open for business and is ready to assist the Jamaican people with a problem that has plagued the society for decades.

dress code portal sign

Not allowed at one Government Ministry. Portal will now provide clarity on what qualifies as short shorts & mini skirts. Also exactly how much or how little of “the Bosom” may be exposed.

Having missed the original launch deadline of April 1, 2019, due to unavoidable technical problems, the new agency (located on Constant Spring Road) now stands ready to help people navigate the complex maze of  dress code rules – written, unwritten, published, unpublished, public, secret and totally imaginary – that are part of life in Jamaica.

A centralized database has been established containing all dress codes for state institutions and institutions that receive public funding. Members of the public are now able to access the database using the online D²C² portal.

Minister Without Portfolio in the Office of the Prime Minister with responsibility for public decorum, keeping up appearances and protection of civilization as we know it, Hon. Beidi Booke said, “Many people are frustrated when they turn up at government agencies, hospitals and courts and are denied access because of inappropriate attire. Now, using the D²C² portal, people can upload pictures of their clothes, shoes and jewelry and get pre-clearance before they even leave home. Think of the valuable man-hours, woman-hours and child-hours that can be saved with this new system.”

Minister Booke noted that partnerships have been forged with the Jamaica Library Service (JLS) to facilitate persons who do not have access to computers and may want to utilise the dress code portal. The Minister also pointed out the small business opportunities associated with assisting people to access the portal.

The Jamaica Teachers Association (JTA) has welcomed the launch of the new agency, having collaborated with D²C² on the design of the special Skoolaz Rules R Rules app. Students and parents will be able to download the app to their mobile phones and use it to upload photos to check uniform lengths, tightness of pants, hairstyles and more against the existing and soon-to-be-disclosed dress codes of any government assisted educational institution in Jamaica.

dress code portal - uniform

Use Skoolaz Rules R Rules app & avoid uniform length mishaps!

With the easy pre-clearance process, parents will no longer have to worry about wasted bus fares or their children’s safety as a result of being sent home from school because a uniform isn’t 6 inches above the ankle or 6 inches below the knee or because they have more than 4 bubbles in their hair.

dress code portal - nose ring

Small but dangerous nose rings pose threats to safety and decorum of our courts.

A member of the public outside the Supreme Court on King Street said she looked forward to using the portal. “Dem tell mi fren shi haffi tek out har nose ring fi guh eena di court. Wid dis system now, yu cyan tek pitcha of yu nose, yu aise, any part ah yu baddi fi dem pass it before yu reach.”

MP Everald Coolingdown has said the new portal will enable the public to easily comply with the dress code for parliament. “The standard has fallen to a very low level, where people walk into this House in anything they want. I have seen some situations here where people are in jeans and T-shirts in the gallery here. The only thing I don’t see them in is body blouse. Some of the things they wear in the gallery is totally unacceptable. People can use the new portal to check their sleeve length, their shoe style, their collar style. Pre-clearance will help to preserve the dignity of parliament and will allow for a smoother flow on busy days.”

Leader of Opposition Business MP Allswell welcomed the launch as a more streamlined method of implementing adherence to dress codes. He also pointed out that the previous administration had tabled a white paper on a dress code portal policy and had actually run pilot projects in three parishes utilising the Social Development Commission.

A public education programme will be rolled out shortly using the slogan for the new portal – Nuh Mek Dem Tun Yu Back! Pre-clearance for Better Adherence!Dress code portal family

 

 


Long-Awaited Joint Select Committee Report on Review of Sexual Offences & Other Acts

The long-awaited report from the Joint Select Committee reviewing the Sexual Offences Act, the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act was tabled in the Parliament yesterday, December 11, 2018.

The review of the four Acts had its origin in a Private Members Motion tabled by then Opposition Senator Kamina Johnson Smith in 2013. A previous Committee began the review in 2014, but didn’t complete the review before the general elections in 2016. The new Committee began its deliberations in January 2017 and held nineteen meetings. More than thirty submissions were made by entities or individuals.

I have not yet read the report in detail, but am posting it on my blog to provide a copy for those who wish to read and consider it.

JSC report cover

                                                      (Click on link below)

Joint Select Committee Report – Review of Sexual Offences & Other Acts December 2018


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Office of Public Defender’s Submission: The Report & the Presentations in Parliament

On November 21 & November 27, 2018, Public Defender Arlene Harrison-Henry presented a report on impacts of the States of Public Emergency to the Internal and External Affairs Committee of Parliament. The report focuses primarily on data concerning detainees and the conditions in which they have been held. There has been much public discussion regarding the report and I simply wanted to make it available for those who would like to read it.

Public Defender's report Nov 2018Office of the Public Defender – The Submission to Internal and External Affairs Committee of Parliament

Office of the Public Defender – Appendices to Submissions

 

 

 

 

Public Defender - IEAC November 27, 2018

The next meeting of the Internal and External Affairs Committee is currently scheduled for Tuesday, January 8, 2019 at 10:00am. The Commissioner of Police is to be invited to attend, as well as the Public Defender.


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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.)