Montego Bay is in the strange position of being poised for
greater economic development while standing at the edge of a dark abyss of
crime and violence. On one hand tourism arrivals are at record levels, the
BPO sector is expanding promising thousands of jobs over the coming years while
new businesses continue to open around the city. On the other hand, the orgy of
murders continues unabated throughout the tourism capital of the island.
The number of murders since the beginning of the year now exceeds 160 and despite continuing effort and numerous strategies employed
by the police the crisis continues. The
government has now passed the Zones Of Special Operations Act into law hoping
that it will be the master stroke in arresting the carnage perpetrated by
criminals and criminal organizations around the island.
The Zones Of Special Operations Law will grant the security
forces certain essential powers not normally available to them to combat
criminality. Whenever it is utilized it will be limited to a specific
geographical location or locations within the island for a specific period of time.
The security forces will have the power to cordon off these zones, impose
curfews, conduct searches of persons, places and vehicles as well as the
authority to seize vehicles, articles and documents and make arrests.
The new law has naturally sparked much debate with many
politicians and members of the society voicing concerns about possible
human rights violations by the security forces that could occur under this
legislation. There is also a concern about the influence of politics in
determining the zones of operations. To be fair, the Bill does go to great
lengths to address these concerns and outlines numerous measures to prevent
abuse. It also provides for a “Social Intervention
Committee” that would go even further to formulate a “sustainable development
plan” for the designated areas.
The debate is still ongoing and it should be of interest to all
Jamaicans who care about the rights and well-being of their brothers and sisters.
There is another area of debate, however, that has not been as
loud but is equally important and that is whether or not, despite the numerous
powers of this law, it will be able to efficiently address the crisis of crime
in the country.
A recent article from the Daily Gleaner highlighted a number
of points made by Opposition senator Mark Golding. Some of the issues he raised had to do with
the actual challenges faced by the security forces in addressing the nation’s
crime problem. They include insufficient diligence by the police in case
preparation which causes long delays in the courts, “lack of focus” in
intelligence and evidence gathering to ensure convictions, an undermanned
police force and low conviction rates in the courts due to delays and
inefficiencies.
Mention was also made of the societal and cultural
challenges faced by many crime-ridden areas. There are insufficient resources
to address the problems of poverty and other social issues which exacerbate
criminality. The dysfunctional cultural habits which require change and the social re-conditioning of hearts and minds will require plenty of time - years, perhaps decades.
The very important question, therefore, that needs to be asked
is whether or not the new Zones Of Special Operations Law is able to overcome these challenges. If a lot of the problems are systemic within the
police force and the court system then having greater powers to search and arrest may not necessarily result in more convictions. Ultimately, it is a high number of
convictions that will act as a real deterrent to criminals within the society.
If the Government already does not have sufficient resources
to tackle the social, economic and cultural problems of violent, poor
underdeveloped communities then the provision in this law for a “Social
Intervention Committee” is of little use or comfort.
Making use of this law which will grant the
security forces extraordinary power over some of our citizens will be a very serious
undertaking and it is something the people of this city should debate thoroughly and not take lightly. While it would appear that there are sufficient
measures within the Zones of Special Operations Law to protect individuals from
abuse by the security forces we cannot forget that we live in a society where
this problem already exists despite the best efforts to prevent it. There are many opposing voices who still feel the new legislation is at great risk of abuse. The ongoing atmosphere of distrust between many
communities and the police is a very real issue. Will this law make matters worse or better?
The other important question is, will it actually address the very real systemic problems faced by our police
and courts in tackling criminals? If it can't do that then it will be yet another chapter of failure in the war against crime. It would be wise if our local police, community
leaders and political representatives communicate to the city exactly how they think the Zones of Special Operations Law will
make Montego Bay safer and more peaceful. If their argument is persuasive
it will help all of us to get behind them when the time comes to implement it. They will need the support of Montego Bay's citizens in this endeavour.
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