british council activity in justice and security in jamaica

BRITISH COUNCIL ACTIVITY IN JUSTICE
AND SECURITY IN JAMAICA
Background Paper
Dr. Joy Moncrieffe
Institute for Applied Social Research
March 31, 2014
TABLE OF CONTENTS
PART 1.......................................................................................................................................................................... 4
BACKGROUND ........................................................................................................................................................ 4
PART 2.......................................................................................................................................................................... 6
BRIEF DESCRIPTIONS OF THE CONSTITUTION, JUDICIAL AND SECURITY
INSTITUTIONS ........................................................................................................................................................ 6
PART 3....................................................................................................................................................................... 12
KEY AREAS OF SOCIETAL CONFLICT; POSITIONS ON THE RULE OF LAW; EXISTING
PROGRAMMES ..................................................................................................................................................... 12
PART 4....................................................................................................................................................................... 26
RECOMMENDATIONS...................................................................................................................................... 26
2
ACRONYMS
Agency for Innercity Renewal
Citizen Security and Justice Programme
Community Empowerment and Transformation Project
Community Renewal Programme
Community Policing Initiative
Department of Correctional Services
Director of Public Prosecutions
Economic and Social Survey
Electoral Commission of Jamaica’s
Government of Jamaica’s
Inner-city Basic Services Project
International Labour Organization
Jamaica Civil Society Coalition
Jamaica Constabulary Force
Jamaica Social Investment Fund
Kingston Metropolitan Area
Kingston Restoration Company
Management Systems International
Ministry of National Security
National Crime Prevention and Community Safety Strategy
Peace Management Initiative
Planning Institute of Jamaica
Private Sector Organization of Jamaica
Proceeds of Crime Act
Social Development Commission
3
AIR
CSJP
COMET
CRP
CPI
DCS
DPP
ESSJ
ECJ
GOJ
ICBSP
ILO
JCSC
JCF
JSIF
KMA
KRC
MSI
MNS
NCPCSS
PMI
PIOJ
PSOJ
POCA
SDC
PART 1
BACKGROUND
1.
OVERVIEW
The British Council, described as the United Kingdom’s international organization for
educational opportunities and cultural relations, has committed to using its experience,
particularly in the areas of education and culture, to contribute to building a more secure
Caribbean environment. According to the Terms of Reference for this consultancy, the
“British Council sees security and access to justice as crucial enablers of cultural relations”.
Correspondingly, the “Council offers to become a partner to Caribbean stakeholders in their
quest to broaden access to education for the most disadvantaged groups and communities, to
address the problem of social exclusion and inequality among young people and to bring
about youth empowerment and the participation of youth in democratic processes.
The purpose of this consultancy is to inform the British Council’s strategy in the
programmatic area of Justice, Security and Conflict in Jamaica. In this regard, the
Consultant will conduct a literature review of existing local (principally official) reports in
order to prepare the situation analyses as outlined in the list of deliverables below:
Deliverable Description
Section 1: Brief descriptions of:
 The constitution (or mandate) and the Rule of Law
 The accountability of judicial institutions
 The court and prosecutions systems
 Legal aid provision
 The police (especially their community policing approach)
 The prison system
 Transparency and Accountability of Public Institutions (Parliament, Political Parties,
State-Run Enterprises, Law Enforcement Agencies etc.) and the Political System
(Political Campaign Finance)
Section 2: Descriptions and analyses of:
 Key areas of societal conflict (urban/rural/gender/age/socio-economic) affecting justice
and security
 The government’s position on key issues affecting the Rule of Law, security, justice
and conflict
 The Private Sector’s position on key issues affecting the Rule of Law, security, justice
and conflict
 Civil Society’s position on key issues affecting the Rule of Law, security, justice and
conflict
 Key programmes in the sector, including education and programmes, which might
affect justice and security by focusing on areas like youth at risk, youth employment
and women and girls
 International organizations involved in the area of Justice and Security and existing
levels of donor and lender support, including DFID/UK, USAID, DFATD (Canada),
DFATD (Australia), IDB and UNDP etc.
 The strengths and weaknesses of the Third Sector, with a list of the most effective
4
CSOs.
Section 3: Recommendations
 British Council positioning as a convenor, consultant, source of expertise, delivery
partner etc. in Jamaica
 The types of activity (conflict prevention, police training, prison reform, youth at risk,
etc) most likely to attract full cost recovery partnership funding – this should draw on
a review of our global track record in this field, which will be provided, and
conversations with the local team about activity to date
 Key partners/influencers we should develop relationships with to be effective in this
area
 Other considerations, such as geographical focus and activities, to build track record
fast.
2.
RESEARCH LIMITATIONS
The proposal submitted for this consultancy outlined the following risks and assumptions:
Risks And Assumptions Affecting The Execution Of The Contract
The objectives outlined in the TOR are clear. However, the short time line (10 days) that is
considered adequate for completion of the study suggests the following assumptions:
(a) all the information required is readily available;
(b) responsible agencies will provide all the desired material without delay;
(c) accessible data provides a complete picture of the situation (for example, that documents
on the private sector’s position on the Rule of Law is as stated, without nuances);
(d) acceptable project and programme evaluations exist that will provide reliable indications
of gaps and areas for potential British Council contribution;
(e) assessments (where they exist) of civil society organizations’ (CSO) performance are
current and reliable;
(f) available documentation depicts the situation as it is now; that is, there has been no
developments since the available studies have been published (particularly where
assessments have been conducted more than one year prior).
(g) where necessary, there is a high level of cooperation from the relevant ministries and
other key stakeholders
Therefore, it was suggested that:
(1) a comprehensive analysis of the issues as well as the preparation of precise, pointed and
useful recommendations require more incisive research than appears to be expected in the
TOR;
(2) it is important to consider, and factor into the timeline, the risks that may affect contract
execution; for example, the data required is not as readily available and accessible as
anticipated and there is inadequate cooperation from the relevant ministries and other key
stakeholders;
(3) more time should be allowed to ensure a useful product.
Note that merely seven days were allotted for the assignment, which means that the analysis
is limited to the most easily accessible public materials. Conversations with the local British
Council team would have been useful for defining the recommendations; however, these were
not feasible given the time limitations. As stated above, the research objectives would be well
served by more in-depth study (including of gaps in current programmes and processes), as
this would more accurately pinpoint the most effective areas for British Council involvement.
5
PART 2
BRIEF DESCRIPTIONS OF THE CONSTITUTION, JUDICIAL AND SECURITY
INSTITUTIONS
1. The Constitution (or mandate) and the Rule of Law
A bipartisan committee of the Jamaican legislature drafted the Constitution of Jamaica
in 1961-1962. The Constitution was then approved in the United Kingdom and included
as the Second Schedule of the Jamaica (Constitution) Order in Council 1962, under the
1962 West Indies Act. The Constitution came into effect on 25 July 1962, with the
Jamaica Independence Act of the United Kingdom Parliament. This Act granted Jamaica
its political independence.
The Constitution documents the roles and responsibilities of the executive, legislature,
judiciary and public service. Further, it sets out citizenship provisions and the
fundamental rights of individuals.
Chapter One explains the meanings of the terms used and establishes the
Constitution as the supreme law of Jamaica: If any other law is inconsistent with this
Constitution, this Constitution shall prevail and the other law shall, to the extent of the
inconsistency, be void"(Section 2)
Chapter Two establishes the basis for citizenship: all persons born inside of Jamaica
and persons born outside of Jamaican parentage have automatic right. It also gives
Parliament the power to make further provisions “for the acquisition, deprivation and
renunciation of citizenship”
Chapter 3 provides for the fundamental rights and freedoms of all persons, “regardless
of race, place of origin, political opinions, colour, creed or sex”. It establishes the caveat
that the enjoyment of these rights and freedom is "subject to respect for the rights and
freedoms of others and for the public interest".
Chapter 4 sets out the powers of the Governor General, such as to name the date of
elections and to appoint ministers and assign responsibilities to them
Chapter 5 defines the powers of Parliament “to make laws for the peace, order and
good government of Jamaica”.
Chapters 6 and 7 set out the roles and responsibilities of the Executive and Judiciary
respectively.
Chapter 8 establishes rules re finance.
Chapter 9 provides for a Public Service Commission and a Police Service Commission
and sets out their roles and responsibilities, as well as the qualifications to these.
Vision 2030 explains that the process of constitutional reform will, along with other
matters, consider the following: “the change from a constitutional monarchy to a republic;
the replacement of the Judicial Committee of the Privy Council as the final court of
appeal; the revision of Chapter 3 of the Constitution deal with fundamental rights and
freedoms and the separation of powers”.
2. State Institutions and their Functioning
Vision 2030 aptly describes how State institutions---and the manner in which they
function---are, in principle, designed to protect the rule of law and public freedoms.
Specifically:
A. “The justice system is responsible for interpreting the law, and penal institutions;
6
B. The police is responsible for enforcing the law while respecting individual and
collective rights;
C. Other relevant institutions include parliamentary assemblies; high courts; various
bodies, such as mediators (ombudsmen), bar associations and contracts commissions;
D. Institutions responsible for promoting and safeguarding human rights, which ensures
democracy takes root and that there is ownership of human rights values” (p.115).
There are longstanding concerns about the quality and functioning of the responsible
state institutions, which have resulted in efforts to advance reforms.
i. The accountability of judicial institutions
Reports indicate that there is a fairly “high level of confidence in the integrity and
commitment of the judiciary” (Vision 2030, p.114; see also the Jamaica Justice System
Reform Task Force Report). However, accountability----the manner in which responsible
actors and institutions answer for their use of authority---is impaired by the following
gaps and weaknesses:
- “inconsistent [and delayed] enforcement of laws and legal processes”
- “inadequate emphasis placed on human rights and adherence to international
treaties”;
- “outdated and inefficient practices and procedures”;
- “complex and inflexible court procedures”;
- “poor infrastructure”; (Vision 2030, p.114)
- “lack of resources to monitor and enforce implementation of the laws”; and
- “slow pace of development of appropriate guidelines/laws/procedures for adherence to
effective governance principles” (Vision 2030, p.115).
The increasing crime and violence compound these gaps and weaknesses and,
together, weaken the intended responsiveness and accountability of judicial institutions.
Notably, the judicial institutions are regarded as being less effective in some areas than
in others and less accountable to some groups than others. For example, there is a
perception that the poorer segments of the society, as well as persons categorized as
among the lower classes, have less access to justice and are also prone to suffer unfair
administration of justice. Violence against women and children has increased since 2003
and, according to Vision 2030:
“the Government has been chided by the citizenry for its poor record in dealing
with sexual violence against women and violence. The justice system has also
been criticized for
the prejudicial/discriminatory way in which it deals with
sexual violence, which is the second leading cause of injury to Jamaican women”
(Vision 2030, p. 116).
ii. The court and prosecutions systems
As is noted above, the court and prosecutions systems are compromised by various
inefficiencies. The Economic and Social Survey (ESSJ) 2012 notes that in 2012, 1213
cases were carried forward from previous years and 345 new cases filed in the Court of
Appeal. Of these cases, 55.3% related to civil matters and 44.3% to criminal matters. Of
the 1558 cases, 20.7% were settled. Similarly, 1852 cases were filed in the criminal
division of the Supreme Court. Of these, 25.9% were settled. In 2012, 67961 cases were
set for trial in the Resident Magistrates’ Court; 36% of these were disposed of.
The Night Court has assisted significantly with reducing the backlog of cases. Of the
35,661 cases filed in 2012, 58% were cleared.
7
iii. Legal aid provision
As directed by the Legal Aid Act1, the Legal Aid Council was established to improve
public access to justice, particularly to persons with insufficient means to afford legal
services. The ESSJ notes that in the period January to September 2012, 2163 persons
were fully represented through the legal aid system. There is wide agreement that
effective actions are required to ensure that legal aid is both extended to significantly
higher proportions of persons and regarded as an effective mechanism.
iv. The police (especially their community policing approach)
The Jamaica Constabulary Force’s Strategic Review Panel identified key issues that
require urgent attention if the performance of the police is to improve. Among these are:
1. “Culture: The dominant culture of the JCF is incongruent with that required of a
modern day police service…The dominant culture is that of command and control; it is
severely hindering its effectiveness and its implications run deep”
2. “Corruption and human rights abuses: The Government, the current Commissioner,
academia, independent international human rights organizations and the media have
all publicly acknowledged and denounced the various forms of corruption that
permeate the JCF... Intertwined with problems of corruption is a general lack of
regard by the police for human rights.”
3. “Accountability: Internal accountability within the JCF is weak. While the JCF’s
vision for reform is set out in its Corporate Strategy, there is no overarching police
plan to manage the implementation of that vision and no effective performance
appraisal system to manage individual performance. The JCF’s discipline system is
punishment based rather than emphasizing remedial action and learning – key
characteristics of a modern professional standards programme.”
4. “Leadership and Management: There has been disappointment among critical
stakeholders in the JCF’s leadership culture and effectiveness over the years.”
5. “Towards a more professional service: The JCF is facing a crisis in recruitment and
retention of a competent and motivated workforce. The challenge of staffing up to its
current establishment of 10,000 has been severely impacted by a range of negative
aspects relating to the way the Force manages the interests and wellbeing of its staff”.
(Ministry of National Security, Transforming the JCF Report, pp. 5-9)
Against this background, the Transforming the JCF Report2 recommended decisive
actions for improving accountability within and from the JCF.
Community Policing
The community policing approach contrasts, substantively, with traditional styles of
policing. Specifically, the community policing approach “requires that the police act in
partnership with the public and with other
public, private and voluntary sector
organizations to deliver collaborative services that address crime, fear
of crime and
other safety issues which concern communities.”3
The USAID supported community policing in Grants Pen, Kingston through the CBP
pilot activity, the Community Policing Initiative (CPI) and the Community Empowerment
and Transformation Project (COMET), which was implemented by Management Systems
International (MSI). In an assessment of community based policing in Grants Pen
(2008)4, the reviewers recommended the expansion of this approach to other communities
but qualified that:
http://moj.gov.jm/sites/default/files/laws/Legal%20Aid%20Act_1.pdf
http://www12.georgetown.edu/sfs/clas/pdba/Security/citizensecurity/jamaica/evaluations/JCFReview.pdf
3 http://www.jcf.gov.jm/service/community-policing
4 http://jamaica-comet.blogspot.com/2008/06/jamaica-community-based-policing.html
1
2
8
a) initial reductions in rates of crime and violence should not be regarded as indicators of
transformation;
b) transformation within communities requires longer term interventions, at least three
years;
c) Community policing initiatives must be accompanied by monitoring and evaluation,
which will provide the foundation for increasing effectiveness;
d) Not all police officers are suitable for community policing; careful selections are
important;
e) “Trust- building is a difficult process that requires consistent effort on the part of the
police to effectively manage the problem of corruption and to reliably protect citizens
from criminal victimization”;
f) “Peace-making in violent neighbourhoods is progress. However it does not remove or
weaken criminal groups and, in some instances, may strengthen them. Peace-making
can create operational space for social crime prevention but does not mean that
neighbourhood crime has been successfully controlled.”5
The evidence indicates that these factors have affected experiences with community
policing in other areas, such as Flankers and Brown’s Town, and should be used to guide
future initiatives.
v. The prison system
The Department of Correctional Services (DCS) operates 12 correctional institutions.
Seven of these are adult institutions while there are three juvenile correctional centres
and two remand centres.
Overcrowding remains a persistent problem in the Tower Street and St Catherine
(adult male) facilities. In 2012, Tower Street operated at 95.9% above capacity while St.
Catherine operated at 42.6% above capacity. Of all admissions in 2012, 1359 were new
inmates while 567 were recidivists. As in earlier years, the majority of new admissions
were between 21–25 and 26-30 years.
Significantly, in 2012, the DCS’ internal assessment indicated that 65.2% of inmates
either had poor literacy or were illiterate. Further, 38.9% were unskilled.
Population Figures and Ideal Capacity of Adult Institutions as At December 31, 2012
Institution
Population Figures
Ideal Capacity
Tower Street
St Catherine
Fort Augusta
Richmond Farm
Tamarind Farm
South Camp6
New Broughton
Total
1665
1212
189
162
195
0
27
3450
850
850
250
30 0
350
250
50
2900
Source: ESSJ 2012, p 24.14
In December 2012, 347 juveniles were in custody; of these, 269 were males. Female
juveniles were housed at Fort Augusta, as the facilities designated for them remain
http://jamaica-comet.blogspot.com/2008/06/jamaica-community-based-policing.html
The ESSJ notes that because of renovations, no one was housed at this facility in the period under
review.
5
6
9
substandard.
Over 83% of the youth admitted to juvenile institutions were between 15 and 17 years.
Twenty eight percent were admitted because of uncontrollable behaviour; 10.9 for larceny;
8.9% for wounding; 6.3% for robbery with aggravation and 5.7% for illegal possession of
firearms/ammunition.
Four thousand and forty juveniles appeared before the courts in 2012, which was an
increase from 2011, when there were 3569 cases. Of the juveniles admitted, 20.5% were for
care and protection/child abandonment while 8.9% were for uncontrollable behaviour.
Other offences included wounding/assault/assault occasioning bodily harm, dangerous
drugs, robbery/robbery with aggravation.
The DCS has a community services arm that provides specialized services within
communities. Probation After Care Officers attend to persons sentenced by the courts as
walk in clients. In 2012, there were 4217 new non-custodial cases. Of these, 2899 were
adults and 1318 were juveniles. Eighty six percent of these clients were males. Of the new
cases, 45.1% were for probation orders; 42.6 were adults on community service orders;
while 8.2% were on suspended sentence supervision orders (ESSJ, 2012, p. 24.15).
This description reflects patterns in previous years and points to the importance of
improved literacy, numeracy and skills for at risk populations; more effective
interventions within prisons and communities in order to reduce recividism; targeted
gender based interventions to reduce the male population; increased resources to improve
facilities, particularly at juvenile institutions; increased resources to build new adult
facilities.
vi. Transparency and Accountability of Public Institutions (Parliament, Political Parties,
State-Run Enterprises, Law Enforcement Agencies etc.) and the Political System
(Political Campaign Finance)
Citizen participation is critical for promoting the accountability of public institutions.
However, in Jamaica, citizen participation has, traditionally, been restricted or skewed in
ways that prevent transparency and undermine accountability. While the parliamentary
system provides for citizen involvement, particularly through Local Government, Vision 2030
underscores that reform is required to better facilitate empowerment of citizens and
communities (p.119). Further, the National Development Plan provides a framework for
controlling corruption through diverse strategies:
1. “Imposition of criminal sanctions for breaches of the rules governing the award of
government contracts;
2. Establishment of a Special Prosecutor to investigate and prosecute persons involved in
corruption;
3. Enactment of legislation for the impeachment and removal from public office of public
officials guilty of misconduct, corruption, abuse of authority or betrayal of public trust;
4. Introduction of whistleblower legislation to protect persons who provide information
on wrongdoing;
5. Revision of the libel and slander law to ensure that it cannot be used as a firewall to
protect wrongdoers” (p.124).
Between 2012 and 2013, Jamaica retained the same ranking on the Global Corruption
Perception Index: 83 out of the 177 countries. While the country is ranked at 83, it scored
38 out of 100 in perception of corruption, which means that Jamaica is regarded as very
corrupt. Vision 2030 calls for specific sector strategies to promote openness and
accountability and, concomitantly, “diminish both the practice and perception of
corruption” (p.124). Official documents note that Jamaica has made substantive
improvements to the electoral process, facilitating greater integrity in the conduct of
elections. Currently, efforts are being made to guide the financing of political parties.
10
Correspondingly, in August 2013, the Electoral Commission of Jamaica made
recommendations for regulating political campaign financing7 in order to minimize the
following risks:
(1) “Co-opted candidates: the risk that those who donate funds will control the elected
representatives they finance.
(2) Tainted politics: the risk that dirty or illicit money will corrupt the system and
undermine the rule of law.
(3) Unequal access to office: the risk that those without money or access to money are
prevented from running for office or getting meaningful representation.
(4) Uneven playing field: the risk that large sums of money in election campaigns can
give undue advantage to some candidates and constrain competition” (Electoral
Commission of Jamaica, Revised Recommendations, p.4)
The Electoral Commission of Jamaica’s (ECJ) recommendations, which were approved
by the Senate in November 2013, sought to regulate the following areas:
1. Sources of Contributions and Donations.
2. Impermissible donors.
3. Limits on Contributions to Candidates and political parties.
4. Limits on Election Expenditure of Candidates and of Political Parties.
5. Disclosure by Candidates and Political Parties.
6. State Funding of Election Campaigns.
7. National Campaign Fund.
8. Campaign Advertising and Political Broadcasts.
9. Monitoring and Enforcement.
10. Additional Capacity for Electoral Commission.
It is important to underscore that official commitments do not necessarily correspond
with what transpires in reality. Contrary to the framework outlined in Vision 2030 and the
efforts of organizations such as the ECJ, there are critiques that there is insufficient effort to
credibly deal with corruption in both the public and private sectors. There is wide acceptance
that “links/connections”, rather than transparency, characterizes operations.
7
https://niajamaica.org/wpcontent/uploads/2013/09/ECJ_revised_recommendations_on_campaign_financing_August_2013.pdf
11
PART 3
KEY AREAS OF SOCIETAL CONFLICT; POSITIONS ON THE RULE OF LAW;
EXISTING PROGRAMMES
1.
KEY AREAS OF SOCIETAL CONFLICT
1.1
BACKGROUND
Jamaica is the third largest island in the Caribbean. The country is approximately 11,244
square kilometers, with a population of 2,711,500 in 2012 and a growth rate of 0.3%. The
Economic and Social Survey (ESSJ, 2012) estimates that the rate of natural increase is 8.2
per 1000, with an estimated birth rate of 39300, death rate of 17000, and a loss of 15000 to
external migration. In 2011, more than half (54%) of Jamaica’s population lived in urban
areas.
Over the past three decades, the age profile of the population has changed. It is
expected that the proportion of children (0-18 years) will fall to approximately 23.2% of the
population by 2030; currently, it stands at 24.7%. In 1991, children between 0-14 years
comprised 34% of the population. In 2007, the same age cohort comprised 28.3% of the
population and 27.4 per cent by 2009. Thus, the population is ageing, largely because of
declining fertility and mortality rates and an increase in life expectancy. The elderly (60 and
over) is the fastest growing segment of the population.
1.2
POLITICS AND GOVERNANCE
Formerly a British colony, Jamaica gained Independence in 1962 and is regarded as a stable
democracy, (where this is taken to mean that successive governments are changed with
minimal risk of a coup) despite the polarization and violence that have tainted its political
history. Anthony Payne (1994, 1991, 1993) suggests that the political system has been able to
contain the ‘explosive implications’ of the social structure that was inherited from colonialism
precisely because ‘party, rather than race or class was developed as the primary frame of
reference for the politically conscious in Jamaica”. Allegiance to the party, secured in some
part through patronage, has contributed to political stability (Edie 1991). Stone (1974, 1985,
1989) suggested that clientelism was instrumental in securing intra-party loyalty but that it
also built allegiance between politicians and the business community, which has
compromised the development of the middle class. Clientelism was also critical in fostering
political divisions across all segments of the society and, particularly, among the urban poor
who are located in communities that have been variously characterized as “garrisons”, “hotspots” and now “volatile and vulnerable”.
Politics and poverty, then, were at the root of the crime and violence within and now
well beyond these communities, since frustrated young men in the innercities were recruited
as footsoldiers for some politicians who needed political strongholds in order to maintain
power. These politicians’ main point of contact became local ‘dons’, who ‘secured’ the
communities on the politicians’ behalf in return for benefits and spoils. This ‘political
alliance’ became the foundation for the parallel governance systems that have now emerged.
Under these governance systems, area leaders and dons play multiple roles. Hope (2006:92)
explains: “the area leader is hierarchically related to but different from the don”. The area
leader---who can be either a man or woman---becomes prominent because of work done in the
community. Dons, many of whom maintain alliances with political parties but are no longer
‘as reliant’ on politicians, function as fathers, patrons and prime adjudicators. Often,
community interventions require their approval. Dons are at the apex of a chain of command.
The men and boys under their charge are, in many communities, compared to an army. Some
12
dons manage to maintain strong loyalties within the communities, particularly because the
rules they insist upon offer protections, which citizens believe they have been denied by the
state. There are other dons that flagrantly infringe people’s rights and these are less likely to
maintain power for long periods. Violence has become commonplace in many urban innercity
areas, as gangs---which vary in levels of sophistication---fight for turf. The causes of crime
and violence have, in many respects, mushroomed since the time when gang warfare was
tantamount to political warfare. There are now multiple gangs, with their own lines of
command. Some gangs come together for community protection and many of these are
involved in the ‘business of extortion’. There are other gangs that have links overseas and are
part of the illegal drugs and gun trade. Perceptions of collusions among some state agents
and gangs are contributing to public disenchantment and distrust (Leslie, 2010).
Clientelism has bred other harmful outcomes, which further dent the citizens’
confidence in the state. USAID’s 2008 Corruption Assessment of Jamaica recognizes the
efforts of a number of agencies (the Anti-Corruption Branch of the JCF, the Customs
Department, the Office of the Director of Public Prosecutions (DPP) and the Office of the
Contractor-General) to uproot corruption, which, according to one 2008 poll, the public
considers to be “the second-most serious problem facing Jamaica, behind crime and violence”.
The USAID’s (2010: iii) assessment made a number of noteworthy conclusions. Among them:
(1) “such violations are not merely the result of mismanagement or incompetence, but a
direct product of a political system that rewards patronage at the expense of transparency”
and (2) “there is a growing sense that society must take action against corruption in order to
win the ‘other’ battles of crime, violence, and the squeeze on the country’s treasury made
more acute by huge new increases in energy and food prices”.
1.3
SOCIOECONOMIC BACKGROUND
The costs of corruption and violence are especially harsh, given Jamaica’s precarious
economic position. Jamaica is a highly indebted country; it has the fourth largest debt to
GDP ratio in the world. . Correspondingly, the GOJ has inadequate resources to deal,
comprehensively, with the key ‘root’ obstacles to human rights and human development. For
example, Jamaica has managed to sustain vast social inequalities, which are in part a legacy
of colonialism and, as noted above, of political and social developments since Independence.
Stark contrasts of wealth and poverty help to fuel discontent among those who feel excluded
and even mistreated by “the system”. There is also a history of gender inequality, which
persists despite many recent positive developments. In 2006, Jamaica ranked 39 out of 128
countries (as opposed to 24 in 2006) in the 2007 Gender Gap Index. Currently (2013 data),
Jamaica ranks 47 out of 136 countries in the Gender Gap Index. Research shows that sexual
harassment and other manifestations of gender inequality persist in a historical context of
male power, privilege and status, despite the huge strides that women have made in
education (Institute for Gender and Development Studies, 2009). It is still the case, as
Tindigarukayo (2006) and other analysts have observed, that earnings are comparatively less
in female as opposed to male led industries; that in the majority of cases, the unemployed
professionals and unpaid workers are women; and that women and men do not compete on an
equal basis for the same jobs: often, women have to receive more training (Tindigarukayo,
2006:93). In addition, despite their educational achievement, women still have limited
representation in corporate bodies and in political office. In addition, one of the major
difficulties that activists encounter is that certain human rights infringements and abuses
are ingrained in the culture and accepted, including by those who are most adversely affected
by them (Women’s Media Watch, 2008, 2009, 2010).
Groups concerned with tackling discrimination against persons with disabilities are
eager to ensure that the issues they raise receive the necessary visibility. This is because
discrimination against persons ‘who are differently abled’ continues to prevent these persons
from enjoying their political, civil and social rights. There are other groups that suffer
discrimination and whose rights are infringed in different ways. These include people living
with HIV and AIDS and those persons considered most at risk; people who are stigmatized
13
because of perceptions of their status and of the communities in which they reside (Levy
1996); particular categories of children and youth, including some who are in lock ups and
places of safety (UN Human Rights Council, 2010). More disaggregated data is required to
analyze the multiple forms of discrimination and human rights abuses some persons and
groups encounter.
1.4
THE SCALE AND WEIGHT OF VIOLENCE
The factors underpinning crime and violence in Jamaica are well known. Among them are:












“An apparent tolerance of crime and criminals within the wider society,
Cultural norms that support violence and a lack of delivery of essential services and
targeted interventions.
Lack of parenting;
Lack of social and other life-skills;
Exposure to domestic and community violence;
Low academic achievement and school performance;
Easy access to drugs and drug consumption;
Few recreational, job skills and other positive development opportunities;
Neighborhood isolation and marginalization;
Violence in the media and the neighborhood;
Lack of neighborhood cohesion.
A weakened governance structure, which further undermines the rule of law and the
potential for human development.” (Citizen Security and Justice Programme,
Programme of Operations)
In 1974, violent crimes in Jamaica accounted for approximately 10% of major crimes.
By 1996, violent crime rates had increased exponentially to 43% of total crimes. In the 1950s
and 1960s, the murder rate was merely 7 per 100,000. By 2004, the rate of intentional
homicides in Jamaica (55.5 per 100,000) was as much as three times that in other Caribbean
countries and seven times the global average (Leslie 2010: 5). Jamaica’s murder increased to
62 per 100,000 in 2009, among the highest in the world. In 2012, the murder rate decreased
to 40 per 100,000. It is important to note that actual violent crime rates are thought to be
higher than these reported rates since, according to 2009 estimates (Harriott 2009),
approximately 20-30% of crimes are reported to the police.
In Jamaica, violence is largely concentrated in the urban areas. Seventy percent of
murders committed between 1994 and 1997 occurred in the Kingston Metropolitan Area
(KMA). In 2008, the official murder rate for the KMA region was 96.2 per 100,000 (Leslie
2010). In 2009, the majority of murders were reported in the urban centres of Kingston, St
Andrew, St Catherine and St James (ESSJ 2009). This trend continued in 2012 (ESSJ,
2012). Women, children and the elderly are now among the targets, which marks a cultural
change from the era when their protection was paramount.
Presently, the primary, most visible cause, of the violence is gang related. In 2010,
Leslie noted that there were approximately 268 gangs operating in Jamaica, as opposed to 49
in 1998 (Leslie 2010). In 1998, it was estimated that there were 7 highly organized criminal
gangs. In 2009, it was estimated that there were 12 such gangs (Leslie 2010). In 1983, official
records indicate that gangs were responsible for 3% of the murders committed. By 2009, this
had increased to 52 percent (Mogensen, 2005, p. 11; JCFSD, 2010, cited in Leslie 2010). It is
believed that these figures are underestimated and that gangs may be ‘responsible for
approximately 80 per cent of all major crimes in Jamaica and 90 per cent of murders’ (Leslie
2010).
A distinction has been made between “corner gangs” (which come together largely for
community protection and for social connections) and criminal gangs (many of which are well
organized operations with links to international drugs and arms trafficking). Gangs have
14
now spread well beyond the confines of the innercities and can be found across the parishes.
Even more disturbingly, growing numbers of children within schools are involved in gangs
and, in particular areas, have links with corner and criminal gangs. Most gangs are
comprised of young men from, on average, 16 years, though preparation for membership can
begin from five years. Children, particularly males, are groomed from early to “fear, hate and
harm” (Gayle, 2009: 53) Children with disabilities are trained as gun or drug carriers, though
they rarely feature in policy (Focus group discussion with stakeholders working on disability
issues, UNICEF). Increasingly, girls are being incorporated in gangs within communities and
schools. There are fears that ‘deportees’, some of whom had been imprisoned overseas for
crimes ranging from illegal entry and stay to murder, contribute to the upsurge of crime and
violence. Here, the findings are contradictory; some analysts contend that deportees have not
had the influence suggested.
Violence takes other forms. Gender based violence is levied primarily against women
but also against men and boys, depending on perceptions of masculinity. The Vision 2030
Sector Report on Gender reinforces that “gender politics within masculinities also occurs
[and] has repressive consequences for some men and boys. The overarching culture of
masculinity more often than not, gives an even less therapeutic atmosphere for male victims
of GBV whether committed by a homosexual male or by a female” (Vision 2030 Sector Report
on Gender: 30; Bailey & Yusef-Khalil, 2007 forthcoming). Broadly, about 50% of the offenders
and victims of GBV are the youth.
It is not uncommon in Jamaica’s history for various minority groups to be subjected to
discrimination and violent suppression. Currently, particular segments of populations who
are most at risk of HIV/AIDs (such as men who have sex with men) are often subjected to
violence (See section on HIV/AIDS). In addition to the types of violence noted above, corporal
punishment remains a problem within homes and schools. The 2005 MICS report observed
that 73% of children between 2 and 14 years received modest physical punishment while
7.5% received severe punishment. There is evidence that corporal punishment is more
pervasive in the poorer communities. Considerably more males than females are victims and
perpetrators of crime and violence.
The Vision 2030 Sector Report on Gender (p.31) emphasizes: “Boys and girls are more
vulnerable to sexual violence and more likely to become abusers or violators themselves due
to contributing factors such as poor parenting, child abuse, sub-standard living conditions,
low levels of education, and lack of social services.”
Smith and Green note that violence among youth in Jamaica constitutes a major
public health challenge. Violence is reproduced among youth, given the influence of both
proximal (near environment/within family) and distal (far environment/community and
beyond) factors. Thus, compared with other age categories, youth between 20 and 24 years
are the prime victims and perpetrators of major crimes.
2.1 THE GOVERNMENT’S POSITION ON KEY ISSUES AFFECTING THE RULE OF
LAW, SECURITY, JUSTICE AND CONFLICT
The Jamaican Government’s position on key issues affecting the Rule of Law, security, justice
and conflict is presented in its National Development Plan (Vision 2030) as well as related
strategy and policy papers.
Vision 2030 Jamaica is the country’s first long term development plan; it was the
product of collaboration among the Government of Jamaica (GOJ), the private sector and
other civil society groups. Vision 2030 dispenses with the traditional development paradigm,
which seeks to generate growth and development through improving the tourism, agriculture
and mineral industries over the short to medium term. It replaces that approach with a
development plan that focuses on building cultural, human, knowledge and institutional
capital over time, believing that this long-term approach augurs well for sustainability and is
best able to catapult the country to developed country status by 2030.
15
As the overarching development plan, Vision 2030 has seven, critical, guiding
principles: transformational leadership; partnership; transparency and accountability; social
cohesion; equity; sustainability; and urban and rural development. These principles both
underpin and steer four strategic national goals and associated outcomes.
NATIONAL GOALS AND OUTCOMES (VISION 2030)
NATIONAL GOALS
OUTCOMES
Jamaicans are empowered to A healthy and stable population
achieve their fullest potential
World class education and training
Effective social protection
Authentic and transformational culture
The Jamaican society is safe, Security and safety
cohesive and just
Effective governance
Jamaica’s
economy
is A stable macroeconomic environment
prosperous
An enabling business environment
Strong economic infrastructure
Energy security and efficiency
A technology-enabled society
Internationally competitive industry structures
Jamaica has a healthy natural Sustainable management and use of environmental
environment
and natural resources
Hazard risk reduction and adaptation to climate
change
Sustainable urban and rural development
As depicted in the table above, security, cohesiveness and justice are among the core
national goals. Vision 2030 expresses commitment to “reducing the level of crime and
violence as well as civil disturbances in some communities” (p.99). Specifically, it calls for “a
holistic approach, focusing on root cause eradication and greater participation of community
members and the private sector in national reduction efforts”(Proposal for Operations
Development, CSJPII, Ministry of National Security). Vision 2030 recognizes that
“improvements in the adherence to law and maintenance of order, in the context of the
present and long-standing crime problem, will likely have high pay offs for investment in
Jamaica” (p.106).
Consequently, Vision 2030 calls for 5 key national strategies---and corresponding
sector strategies---that are designed to reduce crime and violence and strengthen the rule of
law:
NATIONAL
STRATEGIES
Strengthen the capacity of
communities
to
participate in creating a
safe and secure society
SELECTED SECTOR STRATEGIES
-Improve the implementation of targeted community
interventions
-Implement holistic programmes focusing on prevention and
suppression of youth involvement in crime
-Promote awareness and care of vulnerable groups
-Establish/strengthen community groups and councils
-Develop programmes to mobilize and draw on societal support
for safer communities
-Improve community conformity to legal requirements
Reform and modernize the -Devise and implement an effective management framework
law enforcement system
aligned to a modern model of policing
-Support the reform of the justice system
-Create a comprehensive human resources development system
16
Improve the security of
the border and territorial
waters
Strengthen the anti-crime
capability
of
law
enforcement agencies
Strengthen
the
management,
rehabilitation
and
reintegration of clients of
correctional facilities
-
to ensure professionalism within law enforcement agencies
-Develop a holistic approach to the welfare of law enforcement
officers
-Strengthen accountability frameworks within law enforcement
agencies
-Modernize the approach to policing activities
-Facilitate a culture of integrity and ethical behaviour with law
enforcement agencies
-Improve the quality of services provided by law enforcement
agencies
-Strengthen security mechanisms at ports of entry
-Improve institutional capacity to monitor marine and aerial
domains
-Ensure a coordinated national response to threats of terrorism
-Advance the regulatory framework for non-citizens
-Fortify collaboration with regional partners and international
bodies
-Increase access to policing services
-Improve
communication
and
information
technology
infrastructure
-Roll out community policing in all communities island-wide
-Adequately equip law enforcement agencies to deliver a timely
response
-Reinforce the regulatory framework for private security firms
-Expand the framework for rehabilitation of inmates and
offenders
-Strengthen the institutional capacity of the DCS and its
partners
-Provide suitable alternatives to incarceration for offenders who
are mentally ill where appropriate
-Establish a comprehensive system for the reintegration and
rehabilitation of deportees through partnership between state
and non- state actors
-Develop an appropriate framework for human resource
development within the DCS.
The national security policies and strategies are consistent with the framework that is
provided by Vision 2030. Thus:
A. The National Security Policy (2007) confirms the GOJ’s commitment to building the
following capabilities:










Control entry and exit through ports of entry and coastline/land of Jamaica
Monitor, regulate and control use of Jamaica’s airspace, coastal waters and exclusive
economic zone (EEZ)
Ensure an effective justice system
Prevent crime (including armed groups and insurgents)
Counter corruption to ensure public ownership of and confidence in the justice system
Regulate and control arms
Dismantle organized criminal networks
Gather, assess and use effective intelligence (major cross-cutting priority)
Plan to limit vulnerability and respond effectively to disasters and unsustainable
degradation of resources
Maintain a stable and healthy economy
17





Address social and economic causal factors of alienation and crime
Implement public education programmes (important overall cross-cutting issue
Ensure adequate healthcare and education
Influence regional and international policies and activities (important crosscutting
priority)
Deter, counter or defeat ‘traditional” and ‘non-traditional military threats
In the same way:
B. The Government of Jamaica’s National Crime Prevention and Community Safety Strategy
(NCPCSS) has the following objectives:
(i) Sustained reductions in fear of crime, crime and violence and related risk factors;
(ii) Increased crime and violence prevention, reduction and control capacity of the
State and its institutions
(iii) Enhanced collective efficacy of residents of priority communities, and increased
participation in the co-production of community safety; and
(iv) Re-orientation of residents away from anti-social behaviour and attitudes8
The NCPCSS acknowledges that partnerships at all levels are important for reducing
crime and violence. It adopts a broad approach to crime and violence, which is not confined
to national security. Consequently, it encourages strategic, coordinated interventions that go
beyond traditional law enforcement.
Efforts to reform the justice sector are consistent with the goals outlined in Vision
2030: reform and modernize the law enforcement system. Thus:
C. The Jamaican Justice System Reform Task Force published its final report in June 2007.
This project, commissioned by the GOJ, was designed to “conduct a comprehensive review of
the state of the justice system and to develop strategies and mechanisms to facilitate its
modernisation so that it is better able to meet the current and future needs of Jamaicans”.
The GOJ advised the Task Force to regard justice reform as a high priority of its public sector
modernisation programme.
From its series of key informant interviews, focus groups, written submissions,
Regional Working Groups, a Youth Working Group; and public consultation sessions
islandwide, the Task Force identified twelve key problems that have undermined the justice
system in Jamaica:






“Delays: the time it takes to achieve a fair disposition of matters is often unreasonable
in both civil and criminal matters and there is a consequent growth in the age of cases
within the system (the “backlog”);
Lack of respect is usually accorded to individuals who come in contact with the justice
system (disrespect for their personal dignity, their time, and their rights to privacy);
Court houses and other infrastructure are in very poor condition;
There is a lack of consistency in the enforcement of laws and outcome of various legal
processes, including for example inconsistency in sentencing, which contributes to
uncertainty;
Procedures and language are too complex and in some cases archaic;
There are many barriers to accessing the justice system, including the inaccessibility
of legal information, legal assistance and the courts;
8
https://www.mns.gov.jm/sites/default/files/documents/files/Nat%20Crime%20Prevt%20Com%20Safety%2
0Strat%20October%202010_1.pdf
18





There is a perception that individuals are not accorded equal treatment by the justice
system nor to they receive the equal benefit and protection of the law;
Insufficient attention is paid to human rights and some of Jamaica’s obligations under
international human rights treaties some of which have not yet been integrated into
domestic law and practice;
Justice personnel do not always carry out their duties in a professional manner (and
related concerns about low remuneration, insufficient numbers of personnel to handle
job, and inadequate training);
Many practices and procedures are outdated and inefficient (specific issues include:
the use of juries, the use of preliminary inquiries, scheduling practices; court
management and administration practices; filing and recording keeping); and
Actors and institutions within the justice system are not fully accountable” (Jamaica
Justice Reform Project, p. 10)
In contrast, the consultations revealed “widespread confidence and belief in the
integrity and commitment of the judiciary” as well as appreciation for the new Civil
Procedure Rule (which has resulted in increased settlement rates and shorter trials) as well
as the mediation procedures introduced by the Dispute Resolution Foundation. The Task
Force noted other meaningful developments: “an increase in legal aid in criminal cases; the
introduction of specialised courts (for example, the commercial division of the Supreme
Court, Drug Court, Small Claims Court); the development of a modernisation plan for court
houses; an increase in the number of Resident Magistrates; establishment of a training
facility (the Justice Training Institute); establishment of some peace and justice centres; the
Justice System Computerization Project, which started in 1999 (including an increase in the
use of court reporting technology).”(Jamaica Justice Reform Project, p. 10).
Recommendations from the Task Force informed the 2009 Jamaica Justice System
Reform Policy Agenda Framework, which prioritized 7 areas. These areas and the
corresponding activities are summarized below.
1. Fair and Timely Case Resolution – “Implementation of time standards for case disposition,
appropriate to their type and complexity, across all operating divisions of the Courts. The
Courts will strive to balance the dual goals of fairness and timeliness by monitoring and
reporting to the public on the effectiveness and impact of time standards on the quality of
case outcomes.”
2. Improved Access to Justice – “Identify and eliminate barriers to access, assist personnel in
understanding persons with different needs, and provide appropriate information and
services to ensure accessibility”
3. A strong Judiciary and workforce – “Continuing education to prepare the judiciary and its
personnel to deliver justice in a constantly changing environment”.
4. Strengthened linkages between justice sector institutions – “Strengthen linkages between
justice institutions from the “top down” and from the “bottom up”; Introduce sector-wide
policy leadership; Improve coordination between the Police, Magistrates, Office of the
Director of Public Prosecutions, and Department of Correctional Services; Enhance the
coordination between judicial officers, the Dispute Resolution Foundation, Attorneys and
general users of the Courts; Increase the training of existing staff, increase the staff
complement and acquire more advanced technology for the Government Forensic Laboratory;
Work closely with the Jamaican Bar Association and General Legal Council to obtain support
for those justice system improvements which improve the effectiveness and efficiency of the
justice system; Undertake “process mapping” techniques throughout the justice system with
a view to the identification and elimination of wasteful procedures and the design of efficient
and effective connected processes”(pp. 45-46).
5. Establishing a sound court infrastructure – “Facilities must be habitable, functional and
accessible, and technology must be leveraged to maximize staff productivity and public
access. [Ensure] continued investment in technology to expand public access to court records,
court reporting and an improved jury management system.”
19
6. Implementing a social component to the delivery of justice- “Social preventative measures
that can be instituted prior to people ending up before justice institutions and even when
these institutions process them, ensuring that appropriate measures are taken to ensure that
persons emerge from the process better from the experience”; and
7. Strengthened public trust and confidence – “Courts must make certain that the judicial
branch is separate and independent from the executive and legislative branches, which
respectively control funding and legislation that may have an impact on the Courts”.
There are other policies and plans that provide frameworks for addressing safety and
security and the issues underpinning social conflicts. These focus, more specifically, on
different categories of persons considered at risk. For example:
D. Plans Designed to Address Child and Adolescence Issues
As noted above, Jamaican youth face serious threats to their security and also cause
serious security threats. In response, plans have been formulated to check the transmission
of violence from childhood to youth. Currently, the New Framework of Action for Children
(NFAC) is the first in the continuum of child to youth plans. In its current form, the NFAC
has six (6) core focus areas:
1. Healthy Lives and Lifestyles for all children.
2. Providing Quality Education – with the aim that all children should complete
secondary level education and gain the skills that will provide the best prospects for
their self-development.
3. Protection against Abuse, Exploitation and Violence
4. Care for Children in special circumstances
5. Secure Living Environment – building community and family contexts that are most
conducive to children’s development.
6. Meaningful Child Participation – facilitating children’s full participation in social,
spiritual, economic and political processes
Other plans include the National Plan of Action for an Integrated Response to Children and
Violence and the National Plan of Action for Child Justice.
E. The National Youth Policy (2004)
As with many other policies, the 2004 National Youth Policy is the product of a wide
consultative process, involving young people, CBOs, differing government sectors, NGOs and
quasi-governmental agencies, local and international donors and the private sector. The
National Youth Policy is designed to address the issues that affect youth and to encourage
youth development, which includes strengthening the mechanisms for collaboration across
youth organizations. The National Youth Policy is now being revised.
The overview above depicts the GOJ’s stated position on issues related to the Rule of
Law, Security and Justice. Closer analyses of policy and programme design and
implementation would, likely, present more nuanced perspectives, which could provide a
more informed guide to the British Council. Analyses of sector policies and plans conclude
that there is normally a commitment to multi-stakeholder involvement and wide consultation
and that generally, considerable effort is placed on developing a range of strategies. However:
a. “Some plans remain in the planning stage for an inordinately long time”;
b. “There are key policymakers and policy implementers who are unclear on the
details both of the overarching frameworks and the national plans”; and
c. “Major difficulties appear to arise at the point when plans are to be translated
into concrete actions”(Situation of the Promotion and Protection of Rights of Children
and Adolescents, p.43).
20
2.2. THE PRIVATE SECTOR’S POSITION ON KEY ISSUES AFFECTING THE RULE OF
LAW, SECURITY, JUSTICE AND CONFLICT
The Private Sector Organization of Jamaica (PSOJ) published its position paper on National
Security in 2010 and, subsequently, updated this document in 2011. The position paper
decries the “intolerably high” rates of crime and violence over the last four decades as well as
the comparatively low clear up rates. Furthermore, it underlines the costs to the society,
namely, loss of lives; “the direct and indirect medical costs of violence” (which, according to
the World Bank, 2011, is more than US$400 million annually); and the substantial costs to
businesses and to economic growth9. The PSOJ supports various crime reports, which
propose a multipronged approach to promoting security, comprised of actions in the following
areas: legislative, law enforcement, economic and social. The specific recommendations are
these:
A. Legislative - Enactment of the full complement of modern crime-fighting legislation;
Enhancement of current wiretapping legislation; Implementation of the omnibus
Arrest Processing Bill to permit fingerprinting and photographing of all persons
charged with crimes, and for the collection and storage of DNA of persons charged
with violent offences and repeat offenders; Amend the Evidence Act, such that a wider
variety of electronic and video recordings and materials can be entered as evidence;
Encourage involvement of DPP in case development
B. Law Enforcement - Effective actions to dismantle and penalize membership in
criminal gangs; removal of profit from crime by fast tracking cases under the Proceeds
of Crime Act (POCA); expand community policing; continue the process of dismantling
the garrisons; “weed out” corrupt police; improve the custodial system
C. Economic – Increase resources for national security and justice; identify and fund
projects that can create employment and improve community facilities; increase
targeted financing for small businesses; increase incentives for investing in violence
prone communities;
D. Social – Enhance restorative justice.
2.3 THE CIVIL SOCIETY’S POSITION ON KEY ISSUES AFFECTING THE RULE
OF LAW, SECURITY, JUSTICE AND CONFLICT
The Jamaica Civil Society Coalition’s (JCSC) political reform and governance programme
aims to build public awareness of the importance of transparency and accountability.
Further, it encourages the public’s active participation in securing accountability. JCSC’s role
is to provide oversight of the implementation of government programmes.
The JCSC has clearly stated the following positions:
1. The organization advocates for “human security without infringement of the rights of
persons and property – i.e. security within a human rights framework.”
2. “For policing to be effective it must be community based, built on trust and driven by
intelligence. It must be focused on securing and maintaining the rule of law across all
communities.”
3. “The JCSC is supportive of the steps by government to establish INDECOM (Independent
Commission of Investigations). This independent oversight mechanism is critical to ensure
PSOJ’s position paper notes that, on average, it is costing Jamaica’s businesses approximately 2% of revenues
to protect themselves against crime; however, for medium-sized business, the corresponding cost is 7.6%,
while for small business, the cost is about 17.8% of revenues.
9
21
that abuses do not jeopardize the effectiveness of and support for the operations of the police
force.”
4. “The key to delivering security within a human rights framework is the implementation of
community based policing. In order to do this effectively, it will be necessary to strengthen
the Police’s ability to effectively operate in all communities the infrastructure of communities
and informal settlements will have to be improved (for example, the removal of zinc fences
and the establishment of street names).”
5. “Critical to the process of reestablishing the rule of law will be the determined
implementation of the recommendations of the Strategic Review of the Police Force and the
Justice Reform Task Force Report in the shortest possible time frame.”
6. “Community Renewal is a process to enable Communities to rediscover their self-reliant,
self-responsible, people-powered selves. The Coalition is of the view that the process of
community renewal must be based on the foundations of respect for rights, social capital and
a spirit of independence”.10
3. KEY PROGRAMMES FOR PROMOTING NATIONAL SECURITY AND THE
RULE OF LAW
The following are the key programmes within the sector that aim to promote national
security, justice and the rule of law.
3.1 The Citizen, Security and Justice Programme
The Citizen Security and Justice Programme (CSJP) is defined as a “multi-faceted crime
prevention initiative of the Ministry of National Security (MNS)”, which complements the
Government of Jamaica’s (GOJ’s) national crime and violence reduction priorities, the
National Security Strategy (NSS), the National Crime Prevention and Community Safety
Strategy and the objectives outlined in the country’s national development plan: Vision 2030.
CSJP II’s core objectives, which are outlined in the GOJ’s loan agreement with the
IDB, are meant to address the core risk factors to crime and violence. The objectives are as
follows:
A. The General Objective:
To contribute to crime and violence reduction in 50 volatile and vulnerable communities
through the financing of prevention and strategic interventions that will address identified
individual, family and community risk factors.
B. The Specific Objective:
To contribute to a reduction in the level of major crimes and interpersonal violence and to
increase the perception of safety
CSJPII was implemented over four years and has the following components:
A. Community action
This component (Community Action) includes financing of technical assistance, civil works
and equipment in the following areas:
a) Community Mobilization and Governance - This component was designed to
“strengthen local governance in urban, socially marginalized communities, filling in
the void left by weakened legitimate state institutions;
b) Delivery of Violence Prevention Services - Here, the objective was to “promote a
culture of lawfulness through the provision of targeted violence prevention and
restorative justice services”. Restorative services included development of a
Restorative Justice Policy and establishment of Restorative Justice Centres (see
below);
10
http://jamaicacsc.com/index.php/2012-11-19-22-03-32/security-within-a-human-rights-framework
22
c) Socio economic Opportunities: According to the Results Matrix: “This component is
designed to increase employment and entrepreneurship opportunities for at-risk youth
and adults…The programme contracts NGOs with experience in delivery of training
programmes for unattached, high-risk youth and young adults, providing stipends and
6 month internships to enhance youth retention, completion and successful transition
to the workforce;”
d) Establishment of Community Multi-Purpose Centres; and
e) Social Marketing and Public Education Campaigns.
B. Institutional Strengthening of the Ministry of National Security (MNS)
Component 2 (Institutional Strengthening of the Ministry of National Security) financed
technical assistance and equipment in the following areas:
a) Development of evidence-based policies;
b) Implementation of an Integrated Management Information System to monitor
trends in crime and violence, facilitate information exchange and assist in policy
and programme formulation; and
c) Assistance to the Monitoring and Evaluation Unit of the MNS
The GOJ is currently finalizing negotiations with international development partners
for a third phase of this programme: CSJPIII.
3.2. The Community Renewal Programme (CRP)
The Community Renewal Programme is a fairly new initiative, which is spearheaded
by the Planning Institute of Jamaica, with contributions from the private sector, NGOs,
CBOs and government departments. The PIOJ’s (2012) report notes that the CRP was
designed in response to the events surrounding the 2010 extradition of Christopher Dudus
Coke. The GOJ mandated that the PIOJ support a collaborative effort “that would prepare a
Community Renewal Programme (CRP) for long term and organic stability, well-being and
inclusiveness of vulnerable and marginalized communities. This should be done in a manner
consistent with the goals of Vision 2030.” (p.5)
The CRP was designed to have a primarily coordinating and harmonizing role. It was
also meant to expand best practices, given lessons learnt; build programme sustainability as
well as foster trust in the state. The Community Renewal Programme (CRP) was intended to
“improve on previous initiatives” by focusing on the following:
1. “Political transformation - breaking links between politics and ‘dons’, gangs and
forms of organised crime and other criminal elements.
2. Strategic operational engagement by the security forces against criminal elements
to complement social and economic interventions
3. Unwavering prioritisation of and commitment to the programme by State and
societal action with clearly designated political champions and strong
Parliamentary oversight for accountability
4. Steadfast linking of community outcomes with the economic, social well-being and
justice goals outlined in Vision 2030” (p.8)
3.3. The Inner-city Basic Services Project (ICBSP)
The Inner-city Basic Services Project (ICBSP) is funded by the World Bank and
implemented by the Jamaica Social Investment Fund (JSIF). The ICBSP aims to achieve the
following:
(1) Improve access to potable water, sanitation, solid waste management, road infrastructure
and related community-based services through increasing coverage among poor households in
selected communities;
(2) Improve community safety, as well as public perceptions of safety;
(3) Strengthen community capacity to develop, manage and maintain basic infrastructure
through increasing community participation in the areas of planning, delivery and
maintenance of works and services.
23
Since June 2006, the ICBSP has been implemented in the following communities:
Flankers in St James; Bucknor in Clarendon; Central Village, Tawes Pen, Dempshire
Pen/Jones Pen (known as Shelter Rock), Lauriston and Knollis in St Catherine; Jones Town,
Craig Town, Federal Gardens, Whitfield Town and Greater Browns Town in Kingston and St
Andrew.
3.4 Jamaica Reducing Re-Offending Action Programme
This Plan is designed to provide reintegration services for offenders who have been deported
from overseas as well as previous local offenders. Services include emergency to medium
term accommodation; education and skills training; access to treatment for substance abuse
as well as medical issues; training in literacy, numeracy and skills.
3.5 Restorative Justice Programme
The Ministry of Justice’s Restorative and Community Justice programme is an important
initiative, which draws from examples in North America, New Zealand and Australia.
Aiming for rehabilitation of the victim and the community, restorative justice stipulates that
only violent criminals would be imprisoned. Non-violent offenders would be involved in
monitored community projects, which would allow them to earn funds and provide some
financial restitution to victims. The restorative justice programme includes: Victim Offender
Mediation; counseling, psychotherapy and other treatment; diversion programmes for the
offender; a reparation order; and community service order, which is facilitated under the
Criminal Justice (Reform) Act for persons of and above 18 years.
In 2009, the programme was rolled out in rolled out in four violent-prone
communities: Spanish Town in St Catherine; May Pen, Clarendon; Tower Hill in St Andrew;
and Granville, St James.
3.6 Multiagency Initiatives
The Ministry of National Security is also involved in multi-agency initiatives that are
consistent with the objectives of the NPA. For example, the Safe Schools Programme, which
was launched in 2004, is a collaborative initiative involving the Ministry of Education, the
Ministry of National Security, the Ministry of Health and the Jamaica Constabulary Force
(JCF). Under this programme, police are placed in schools to function as School Resource
Officers. Their aim is to reduce violence and anti-social behaviour, which involves
dismantling school gangs and tackling bullying.
There are other significant types of violence against children and government
ministries, agencies and Non State Actors (NSAs) have collaborated to devise coordinated
and effective responses. For example, in 2008, the Family and Parenting Centre, the OCA,
CDA and the Community Safety and Security Branch of the JCF undertook a Child
Protection Audit. The audit aimed at reducing instances of revictimisation of victims and
witnesses of child abuse in the child protection system. Also, in 2008, the Prime Minister
formed a Task Force on Child Abuse Prevention (TFCAP), which was coordinated by the
Child Development Agency. The aim of the Task Force was to highlight the issue of child
abuse and convey the importance of protection policies to communities. Approximately 1500
persons, including 1000 children (estimated) have since been involved. The Task Force has
also established the Ananda Alert System, as a way of focusing attention on and addressing
the growing problem of missing children. The alert system was designed to locate missing
children and to prevent their sexual abuse or the loss of life that sometimes result. A Missing
Persons Investigation Policy was instituted to remove the traditional wait period (24 hours)
for reporting missing persons.
4. STRENGTHS AND WEAKNESSES OF THE THIRD SECTOR
In 2009, the EU/JSIF commissioned an assessment of the effectiveness of Non State Actors
(the Third Sector). The findings remain pertinent. The study revealed that NSAs are critical
24
vehicles for working on the ground to ‘dry the pool’ of potential perpetrators and victims’ of
crime and violence. However:
a. “It is difficult to assess the actual quality and effectiveness of each project, as monitoring
and evaluation are not prioritized. While they appear to provide a good starting point, more
work is needed to evaluate whether they actually supply the ‘jump start’ that is needed
within these communities.”
b. “Non-State Actors are best understood as experiencing cycles of effectiveness (depending
on a range of external and internal factors, including: the quality of leadership, the character
of the communities, the specific issues being confronted, the wider political and social climate
and the availability of funding’) and, within that, as having various levels/degrees of
effectiveness.”
c. “The identified weaknesses and challenges include those posed by lack of funding, political
interference, social disruption and lack of collaboration across NGOs. This question of
collaboration is important for while there are reports that selected NGOs work well together,
there is scope for greater synergies, such that, for example, each package within each
community comprises multipronged levels of interventions, formulated and delivered with
real participation from the communities. Sustainable interventions require deep involvement
and projects can be combined in ways to ensure that this is achieved.”
d. “There is an unspoken assumption that the NGOs’ role is to support CBOs by building
their capacity in various areas while the CBOs’ role is to pave the way for NGOs. However,
CBOs can help to build NGO capacity to work within communities. The CBOs that have been
able to contribute most to community safety and violence reduction are not merely those that
have received considerable NGO input but also have stellar leadership and budding
organizations, even before the NGOs visited. Some of these citizens groups are entirely
homegrown; in some of these communities, the SDC had done good work over a very long
period.”
e. “The ‘social capital’ desired within the communities is also required among NSAs and
between NSAs and the core state agencies. This issue is a long-standing problem that has
proven difficult to resolve. There are two principal reasons: First, there is a tendency to
downplay the roles of actors and interests in policymaking and to assume that ‘getting the
institutions right’ will get the policies and programmes right. Second, and correspondingly,
capacity building programmes rarely pay attention to issues of power dynamics and to the
relationships that make programmes and projects work well…or not.” (EU/JSIF, Non-State
Actor Assessment)
Selection of Effective NSAs
Area Youth Foundation
Children First
Cornerstone Ministries
Grace and Staff Foundation
Jamaica Baptist Union
Jamaica Chamber of Commerce Inner-city Development Committee
Kingston Restoration Company
Kingston YMCA
Peace Management Initiative
People’s Action for Community Transformation
RISE Life Management
S-Corner Clinic and Community Development Organization
Shalom Ministries
Sistren Theatre Collective
St Patrick’s Foundation
Stella Maris Foundation
The Council of Voluntary Social Services
Women’s Resource Outreach Centre
Youth Opportunities Unlimited
25
PART 3
RECOMMENDATIONS
The British Council has an established reputation for working through the ARTS, Education
and Sports to advance cultural relations. Its 2013-2014 agenda for the Caribbean includes
partnering with governments, bilateral and multilateral funding agencies, trusts and
foundations to deliver projects that build the creative economy; provide training and
experience in areas such as film making and digital animation; strengthen child protection;
broaden access to quality education; increase mastery of English; improve governance and
human rights; and encourage cross-cultural skills training, including among government
officials.
There are distinct ways in which the British Council can partner with the GOJ,
funding agencies, NGOs, CBOs, trusts and foundations to contribute meaningfully to
strengthening appreciation for and improving the practice of the Rule of Law, reduce conflict
and violence and promote security and safety. The table below provides a list of
recommended activities as well as potential key partners.
Areas
Activity
Education
of Method of Engagement
Key Potential Partners
Collaborate with the Ministry of
Education as well as relevant NGOs and
CBOs to provide specialized training for
teachers who work in the most vulnerable
contexts.
Support NSAs to improve literacy,
numeracy and reasoning skills among
children and adult learners across
communities
Collaborate with and advise the Jamaica
Foundation for Lifelong Learning on
strengthening and transforming adult
learning
Governance
Work with the Ministry of Justice, Local
and
Human Government as well as NGOs and CBOs
Rights
to build improved governance and human
rights
Support legal profession training
Support justice reform such as to extend
quality legal aid to communities and
strengthen restorative justice initiatives
Collaborate with the Dispute Resolution
Foundation to expand provision of daily
mediations.
26
Ministry of Education
Children First
RISE Life Management
Stella Maris Foundation
St Patrick’s Foundation
Children First
Sistren
RISE Life Management
Stella Maris Foundation
St Patrick’s Foundation
PACT
Jamaica Foundation for
Lifelong Learning
Ministry of Justice
Department
of
Local
Government
NGOs and CBOs
Jamaican Bar Association
and General Legal Council
Local government; Ministry
of Justice
Norman Manley Law School
Dispute
Resolution
Foundation
Policing
Children/
Youth at Risk
Support and expand work of the Justice
Training Institute
Support/Provide
Continuing
Legal
Education Courses
Support security reforms through training
in policing, advising on prison reform
Justice Training Institute
Bar Association
Ministry
of
National
Security;
Jamaica
Constabulary Force
Strengthen child and youth mentoring Youth
Opportunities
initiatives
Unlimited
Support increased employment and Children First, PMI, YOU,
entrepreneurship opportunities for at-risk Rise
Life Management,
youth and adults.
CRP, MNS
Develop innovative education strategies Children First, PMI, YOU,
for most at risk children and youth
Rise
Life Management,
CRP, MNS
Addressing
Advance activities that address the roots Bureau of Women’s Affairs;
Gender based to gender based conflict
Women’s Media Watch;
Conflict
Fathers Incorporated
Sports
Use Sports, particularly cricket and MNS:
Goals
for
Life;
football, to build peaceful relations across Children First, PMI, YOU,
and within communities as well as to Rise
Life Management,
refine skills
Stella Maris Foundation
Arts for Social Advance the use of music, drama and Children First
Cohesion
other creative expressions for therapy, Sistren
dialogue and promoting tolerance.
Area Youth Foundation
Stella Maris Foundation
27
REFERENCES
Caribbean Child Development Centre (2010) Situation of the Promotion and Protection of
Rights of Children and Adolescents, Report Submitted to the Organization of American
States
Edie, C.J. (1991) Democracy by Default: Dependency and Clientelism in Jamaica, Kingston:
Ian Randle Publishers
Figueroa, M. and Sives, A. (2002) ‘Homogenous Voting, Electoral Manipulation and the
“Garrison” Process in Post-Independence Jamaica’, Commonwealth and Comparative Politics
40.1: 81–08
Harriott, A (2010) Citizen Security And Human Development In The Caribbean – Some
Thoughts.
Occasional Paper.
HEART/NTA (2009), Unattached Youth in Jamaica
Hope, D. (2006) Inna di Dancehall: Popular Culture and the Politics of Identity in Jamaica,
Kingston: The University of the West Indies Press
Leslie, G. (2010) Confronting the Don: The Political Economy of Gang Violence in Jamaica,
Small Arms Survey: Occasional Paper
Moncrieffe, J. (2011) Community Evaluations of the Innercity Basic Services (ICBSP) Project,
Report submitted to the EU/JSIF
Moncrieffe, J. (2009) Poverty Reduction Programme 11 Technical Assistance – Non-State
Actors (NSAs) Assessment Study
Levy, H, with B. Chevannes (1996) They Cry ‘Respect’: Urban Violence and Poverty in
Jamaica. Kingston: Centre of Population, Community and Social Change
Palmer, C. (1989) Identity, Race and Black Power in Independent Jamaica in The Modern
Caribbean, University of North Carolina Press.
Payne, A. (1994) Politics in Jamaica, Kingston: Ian Randle Publishers
—— (1993) Westminster Adapted: The Political Order of the Commonwealth Caribbean in
Democracy in the Caribbean: Political, Economic and Social Perspectives, Baltimore:Johns
Hopkins University Press
—— (1991) ‘Jamaican Society and the Testing of Democracy’, Society in Politics in the
Caribbean, Macmillan Academic and Professional Ltd
Planning Institute of Jamaica (2012) Community Renewal Programme: Towards Building a
Secure, Cohesive, Just and Empowered Jamaica
Planning Institute of Jamaica (2010, 2011, 2012) Economic and Social Survey (ESSJ)
28
Planning Institute of Jamaica (2009) Vision 2030 National Development Plan
Planning Institute of Jamaica (2009) Vision 2030 Sector Plan: Education Planning Institute
of Jamaica
(2009) Vision 2030 Sector Plan: Labour Productivity
Planning Institute of Jamaica (2009) Vision 2030 Sector Plan: Gender
Planning Institute of Jamaica (2009) Vision 2030 Sector Plan: Poverty
Planning Institute of Jamaica (2009) Vision 2030 Sector Plan: Agriculture
Private Sector Organization of Jamaica (2010) Economic Policy Framework
Stone, C. (1985) Democracy and Clientelism in Jamaica, New Jersey: Transaction Books
Tindigarukayo, J. (2006) ‘Perceptions and Reflections on Sexual Harassment in Jamaica’ in
Journal of International Women’s Studies, Vol. 7, No. 4.
United Nations Country Team (2011) United Nations Common Country Assessment:
Jamaica
USAID (2010) Corruption Assessment for Jamaica
Links to Government Documents
www.cabinet.gov.jm/
http://www.psoj.org/files/Improving-National-Security.pdf
http://jamaicacsc.com/index.php/2012-11-19-22-03-32/security-within-a-human-rightsframework
https://www.mns.gov.jm/sites/default/files/documents/files/Nat%20Crime%20Prevt%20Com%
20Safety%20Strat%20October%202010_1.pdf
http://moj.gov.jm/sites/default/files/laws/Legal%20Aid%20Act_1.pdf
http://www12.georgetown.edu/sfs/clas/pdba/Security/citizensecurity/jamaica/evaluations/JCFRe
view.pdf
http://www.jcf.gov.jm/service/community-policing
http://jamaica-comet.blogspot.com/2008/06/jamaica-community-based-policing.html
29
Output 1: Prioritised Activities
Reform Action
Fair and Timely Case Resolution
Key Outcomes
Indicators
Cost (J$)
Source of funding
YEAR
ONE
YEAR TWO
YEAR
THREE
YEAR
FOUR
YEAR
FIVE
Technical assistance to review the
structure of the court and advise
the Chief Justice on the most
appropriate institutional structure
for the Court Management
Service.
Establishment of Court
Management Service.
60 days @ the Jamaican dollar
equivalent of US$1,000 per day =
$5,100,000
- GOJ/EU/JUST
Staffing (approximately 22 persons)
=$39,000,000 per year for 5 years =
$195,000,000
Furnishings & technological
infrastructure in the first year =
$33,000,000
- GOJ/EU
Establish a Backlog Reduction
Demonstration Project in the
Supreme Court.
Supreme Court criminal
backlog reduction.
Three additional judges undertake
case backlog reduction activities for
1 year @ $4 million per annum each
=
$12,000,000.
31
- GOJ/EU
Conduct wider criminal
backlog reduction activities
in the Supreme Court.
(Three additional backlog
reduction judges continue
their activities in Years 2, 3,
4 & 5.)
Utilisation of Coroners Case
Management System in the
Kingston Coroners Court.
Strengthen case backlog
reduction process in the
Kingston Coroners Court.
Three additional judges continue
backlog reduction activities over 4
years at $4 million per annum each
= $48,000,000
- GOJ/EU
3 additional secretaries provide
services to the backlog reduction
process @ a cost of 500,000 each
per year over a 5 year period =
$7,500,000
- GOJ/EU
Installation and start-up of
Coroner’s Case Management
hardware and software =
$3,000,000
- GOJ/EU
32
Provide the Dispute Resolution
Foundation with five additional
rooms for the conduct of
mediations.
Increase the capacity of the
Dispute Resolution
Foundation to conduct
more daily mediations.
5 rooms @ $3 million per room =
$15,000,000
- GOJ/EU
Establish backlog reduction
Demonstration Project in
specified RM Court. (Existing RM
Court in May Pen would be the
candidate of first choice).
Initiate RM Court backlog
reduction activities.
MOJ provides staff from its
Strategic Planning, Planning Policy
and Research Division over a six
month period to ascertain the
nature, scope and extent of case
backlogs:
$2,000,000
- GOJ/EU
Obtain technical assistance
services to provide a plan for
automatic case referral to ADR in
the RM Courts.
RM Court backlog reduction
2 consultants for 40 days each @ J$
equivalent of US$1,000 per day = J$
6,240,000
- GOJ/EU
Establish automatic referral to
ADR in RM Courts.
Improve rate of case
disposition in RM Courts.
No additional cost to Government.
33
Continuation of court backlog
reduction activities in RM Courts.
Reduce RM Court case
backlogs.
Dependent on the extent of case
st
backlogs as determined by 1 year
technical assistance study above.
Provision of additional audio and
text recording technology in the
Supreme Court and Court of
Appeal.
Enhancement of efficiency
of operations of Supreme
Court and Court of Appeal.
Estimated cost for both Supreme
Court and Court of Appeal is $6
million and $3 million respectively =
$9,000,000
-GOJ/EU
Supreme Court to enter into
agreement with Norman Manley
Law School for students to
undertake their in-service training
in the Supreme Court Registry.
Enlarging the pool of
professional persons
working in Supreme Court.
No additional cost to Government.
Undertake the planning and
budgeting for the establishment
of a regional Supreme Court in
Western Jamaica.
Strategic Planning for
establishment of additional
Supreme Court.
Strategic planning consultant for 90
days at the J$ equivalent of
US$1,000 per day = J$7,650,000
- GOJ/EU
34
Court Management Service
retains the services of additional
judges who would be deployed on
a rotation basis to a newly
established regional Supreme
Court based in Montego Bay.
Provision of staffing for
additional Supreme Court.
3 additional Judges @ $10 million
per annum each = $120,000,000
Operationalize regional supreme
court in the western part of
Jamaica:
(Which covers
Montego Bay, Trelawny and
Hanover).
Provide access to Supreme
Court services in Western
Jamaica.
Establish a Court Registry for the
additional Supreme Court.
Estimated cost =
$30,000,000
-GOJ/EU
Director of Public Prosecutions
provides for the deployment of
the Deputy Director of Public
Prosecutions to Montego Bay for
a fixed period to supervise the
work of Crown Counsel in a
regional Supreme Court.
Strengthening of
prosecutorial services in
additional Supreme Court.
No additional cost to existing DPP
budget provision.
Expand Night Court activities in
the RM Courts to all parishes
using the services of existing staff.
Provide greater access to
RM Court services
countrywide.
Costs subsumed under recurrent
budget for staff of Magistrates
Courts.
1 Court Registrar @ $2,000,000 per
annum=
$8,000,000
- GOJ/EU
35
Continue RM Night Courts
activities.
Provide greater access to
RM Court services
countrywide.
Costs subsumed under recurrent
budget staff of Magistrates Courts.
The Law Reform Department
examines existing jury legislation
with a view to narrowing current
exemptions to jury service.
Legal opinion on the
drafting possibilities and
requirements for amending
existing jury legislation.
No additional cost to Government
budget.
- Cost subsumed under the budget
of the Office of Parliamentary
Counsel.
Government of Jamaica enacts
new juror legislation which
narrows the categories of persons
exempted from jury service.
An expansion of the
number of persons
available for jury service.
No additional cost to Government
budget.
Court Management Service
establishes automated juror
management system in Supreme
Court Registry.
Juror selection takes place
using an automated system
and having a wider number
of potential jurors to
choose from.
Private sector provides the services
of a computer consultant for 60
working days at the J$ equvalent of
US$1,000 per working day =
$5,100,000.
-PSOJ
Automated Jury Management
System = $6,318,000
-GOJ/JUST/DFID
Court Management Service
establishes court reporting
facilities in RM Courts.
Technological means are
used to more efficiently
transcribe court
proceedings in RM Courts.
$ 21,000,000 per court for 16 courts
over the 5 year Framework strategy
period = $336,000,000.
- Court Services Agency
Conduct strengthening
interventions, in the training and
computerisation areas, in the
Office of the DPP.
Strengthening the
operation of the Office of
the DPP.
See budget estimate in Output 4
Prioritised Activities Matrix below.
36
Computerisation activities should
ensure that there is integration
between the office of the DPP
and the Courts.
Chief Justice persuades all judicial
officers to more strictly adhere to
those provisions of the CPR which
govern timely resolution of civil
cases.
Improvement in civil case
resolution timeliness.
No budget implications for
legislature.
Retain the services of fourteen
judicial clerks, one of whom will
be deployed to the Court of
Appeal and thirteen deployed to
the Supreme Court.
Improve the speed at which
written judgments are
produced by the Court of
Appeal and Supreme Court.
14 judicial clerks retained at $ 2
million per annum each for an initial
4 year period =
$ 112,000,000
- GOJ/EU
Expand the Justice Training
Institute to enable it to more
efficiently cater to its existing and
new training clientele.
Strengthen Justice Training
Institute training
capabilities.
$50,000,000 per year over each of 5
years = $250,000,000.
This expenditure takes into account:
Lecturer fees; payment to UWI
School of Continuing Education for
training space; curriculum
development and training
materials.
- GOJ
Transfer the responsibility of
guarding the courts from the JCF
to the private sector.
Free JCF personel for the
conduct of more pressing
work.
Private guard service firm hired by
GOJ for 24 hour duty at all court
houses over 5 year period =
$300,000,000
- GOJ
37
Transfer responsibility for the
transportation of prisoners to
Court from the JCF to the
Department of Correctional
Services.
Releases JCF personnel to
engage in more pressing
work. Ensure more reliable
transportation of prisoners
to court.
No additional budget implications
for the Ministry of Justice’s budget.
-Cost subsumed under Ministry of
National Security budget.
Output 2: Prioritised Activities
Reform Action
Key Outcomes
Cost (J$)
YEAR
Indicators
Source of
ONE
funding
Improved Access to Justice
Court Administrators’ authority and
reporting relationships elevated in
Supreme Court and changed in the
RM Courts.
Elevate standing of Court
Administrators in the Supreme
and change reporting
relationship in the RM Courts.
No additional cost to Court
Management Service budget.
38
YEAR TWO
YEAR
YEAR
YEAR
THREE
FOUR
FIVE
Reform Action
Key Outcomes
Cost (J$)
YEAR
Indicators
Source of
ONE
funding
Court Administrators convene focus
groups with interested national
organisations to explore ways to
enhance access and services to
court users.
Obtaining a more effective
partnership between court
administrators and users of the
courts’ services.
No additional cost to Court
Management Service budget.
Develop a strategic plan for the JTI.
Enhance the efficiency and
effectiveness of the JTIs’
services delivery.
Management consultant for 20
working days at the J$
equivalent of US$1,000 per day
(inclusive of all expenses) =
$1,700,000
JTI to develop training courses for
judges, magistrates and court staff
with regard to potential access
barriers which members of the
public might face. Courses also to be
developed for RM’s on community
sentencing options.
Ministry of Justice contacts Norman
Manley Law School with regard to
strengthening its legal aid clinic
outreach into the wider Kingston
Metropolitan Area.
- GOJ
Increase legal aid services to the
public.
No additional cost to
Government of Jamaica.
39
YEAR TWO
YEAR
YEAR
YEAR
THREE
FOUR
FIVE
Reform Action
Key Outcomes
Cost (J$)
YEAR
Indicators
Source of
ONE
funding
Ministry of Justice strengthens the
legal aid clinics in Kingston and
Montego Bay by making public
overtures to the Bar Associations
and the Norman Manley Law School
with respect to obtaining pro bono
services of lawyers interested in
providing legal aid services.
Increase legal aid services to the
public.
No additional cost to
Government of Jamaica.
Ministry of Justice commissions a
mobile legal aid clinic into service.
Increase legal aid services to the
public.
$ 6 million for acquisition of
mobile clinic = $6,000,000
- GOJ
Government of Jamaica’s Office of
Parliamentary Counsel to
investigate the preparation of
legislation to enable the trial of
simple cases previously tried by
RM’s by Justices of the Peace.
Increase the utilisation of
Justices of the Peace in the
justice system.
No additional Ministry of Justice
budget obligation: - Cost
subsumed in Office of
Parliamentary Counsel budget.
Post Civil Procedure Rules online to
assist attorneys and parties
conducting court business.
Increase access to most current
Civil Procedure Rules to
interested parties.
No additional cost to
Government of Jamaica.
-JUST
40
YEAR TWO
YEAR
YEAR
YEAR
THREE
FOUR
FIVE
Reform Action
Key Outcomes
Cost (J$)
YEAR
Indicators
Source of
ONE
funding
Ministry of Justice to work with
UNDP’s Jamaica Violence
Prevention Peace and Sustainable
Development Programme which
intends to support the
establishment of Community Justice
Tribunals in which Justices of the
Peace can hear cases.
The creation of additional fora
in which justice is delivered.
No additional cost to
Government budget.
Legislation enacted which removes
the trial of simple cases from RM’s
to Justices of the Peace.
Enlarge the types of cases over
which Justices of the Peace
have jurisdiction.
No additional cost to
Government of Jamaica.
Justices of the Peace actively use
Community Justice Tribunals
[Forums] to hear non-criminal cases
and are continuously being trained
to do so by the Justice Training
Institute.
Increase the level of training of
Justices of the Peace.
Training cost subsumed under
Justice Training Institute’s
budget.
- JUST could also contribute to
this activity under the terms of
its present Work Breakdown
Structure.
41
YEAR TWO
YEAR
YEAR
YEAR
THREE
FOUR
FIVE
Reform Action
Key Outcomes
Cost (J$)
YEAR
Indicators
Source of funding
ONE
A Strong Judiciary and Workforce
Justice Training Institute to expand court
employee training programs to include
introduction to the workings of the wider court
system and customer service.
Expanded Justice Training Institute
training programs for court
employees.
One additional full-time lecturer
@$1,500,000 per annum for 5 years
= $7,500,000
- GOJ
Justice Training Institute to develop and deliver
Human Rights Courses for Judges, RM’s, Office
of the DPP staff and members of the Bar.
Expanded Justice Training Institute
training courses for Judges, RM’s
and Attorneys.
One additional full-time lecturer
@$1,500,000 per annum for 5 years
= $7,500,000.
- GOJ
Justice Training Institute to work in close
collaboration with the Bar Associations to
establish and deliver continuing legal education
programs for the Bar.
Establish and deliver Continuing
Legal Education courses for the
Bar.
Cost subsumed under the budget
provision made above for an
additional full-time JTI lecturer to
develop Human Rights courses.
Government of Jamaica to consult with the Bar
Associations to identify the parameters within
which legislation can be enacted to make it
mandatory for attorneys to attend Continuing
Legal Education courses as a condition
precedent to the renewal of annual practising
certificates.
Linkage between participation in
continuing legal education courses
and Attorneys being able to renew
practising certificates.
No additional cost implications for
Government of Jamaica.
42
YEAR TWO
YEAR
YEAR
YEAR
THREE
FOUR
FIVE
Chief Justice to outline the parameters for the
delivery of a judicial exchange programme to
develop a specialised cadre of judges in the civil
law areas.
Specialised training for Judges.
The proposed Court Management Service to
establish a Human Resources Division.
Court Management Service
establishes Human Resources
Division as part of its
administration of the court system.
Government of Jamaica drafts and enacts
legislation which provides that attorneys must
undertake annual continuing legal education
programs in order to obtain annual renewals of
their practising certificates
GOJ legislation on mandatory
Continuing Legal Education for
Attorneys.
2 judges per year for 5 years @ the
J$ equivalent of US$12,820 per judge
= $10,897,000
-Legislature
Cost subsumed under Court
Management Service budget.
No additional cost implications for
Government.
43
Amend Constitution to provide RM’s with the
same security of tenure protections as Judges.
Security of tenure of RM’s
strengthened.
Government of Jamaica enacts legislation which
changes the retirement age of RM’s from 60 to
65 years.
Retirement age for RM’s extended.
Judicial and Legal Services Commission retains
the services of a larger number of Judges and
RM.s.
Larger number of Judges and RM’s
retained in court system.
No additional cost implications for
Government.
Additional cost implications in the
form of a longer period of pension
contributions on the part of the
Government of Jamaica cannot be
readily quantified.
4 Judges @ approx. 10 Million per
year each = $40,000,000 x 5 years =
$200,000,000
5 RM’s @ approx. $4 million per year
each = $20,000,000 x 5 years =
$100,000,000
44
3 Senior Prosecutors retained
directly by ODPP @ approx. $8
million per year = $24,000,000 x 5
years = $120,000,000.
Grand Total over 5 year period =
$320,000,000.
- GOJ/ODPP
Additional Prosecutors retained by the Office of
the DPP.
Court Management Service revamps court
employee performance appraisal system to
recognise the need for court employees to
provide highly efficient services to the public as
a basis for upward mobility and retention.
Performance appraisal system for
court employees revised in the
interest of more efficient service
delivery.
Subsumed within approved Court
Management Service budget.
45
Output 4: Prioritised Activities
11
Strengthened Linkages
Between Justice Sector
Institutions.
Technical assistance to be
provided to review the role,
function and structure of the
Ministry of Justice
Ministry of Justice has dedicated
unit to supervise implementation
of justice system policy reforms.
No additional cost to the
Government of Jamaica. To
be funded from the
Inception Phase of the JUST
programme.
$300,000,000
Establish a Justice Reform
Implementation Unit in the
Ministry of Justice.
(Over a five year period).
- GOJ/JUST
46
*
47
Establish a Court Management
Service.
New entity established to oversee
the administrative management
and funding of the court system.
$360,000,000
(Over a five year period).
- GOJ/EU
Review the functioning of and
provide technical assistance to
the office of the DPP for the
preparation of a modernization
plan, which includes a financial
forecast on all its
recommended reforms.
Provide the basis on which to
project the cost of implementing
the identified improvements.
2 consultants for 60
working days each at the J$
dollar equivalent of
US$1,000 per working day =
$10,200,000
GOJ/JUST/DFID
48
Office of Parliamentary Counsel
to ascertain the parameters of
legislation which will make
Clerks of Court report to the
DPP solely on matters relating
to prosecutions.
Enlarge the cadre of lawyers
available to the Office of the DPP.
Computerise the office of the
DPP.
Improve the efficiency of the
Office of the DPP.
No additional cost
implications for
Government of Jamaica.
(Subsumed under existing
budget for Office of
Parliamentary Counsel).
Prosecuting Attorney
Software = $19,500,000.
Internet Portal =$4,914,000
-GOJ/DFID
Ministry of Justice establishes
cross-sectoral Efficiency Savings
Team.
Efficiency Team established to
ensure that justice system entities
operate in the most efficient
manner.
No additional cost
Ministry of Justice works closely
with the Jamaican Bar
Association and General Legal
Jamaican Bar Association and
General Legal Council undertake
legal profession reform activities.
No direct funding
implications for
Government of Jamaica. It
implications for
Government of Jamaica.
49
Council with respect to those
reforms in the legal profession
which they wish to undertake
to support the wider justice
reform process.
is likely that the Jamaican
Bar Association and General
Legal Council will make
direct overtures for
assistance to various
representatives of
International Development
Partners in Jamaica e.g.
-JUST
Strengthen the existing Law
Reform Department of the
Ministry of Justice to give it a
more autonomous role in the
identification and
recommendation of those laws
which should be repealed or
enacted to harmonise national
requirements with international
human rights and other
obligations.
Improve the law reform process
in Jamaica.
Technical assistance to
review the process of lawmaking and law-revision
No additional cost to the
Government of Jamaica. To
be funded by CIDA’s JUST
programme.
Computer equipment, user
licensing fees, cabling in
first year= $21,000,000
-GOJ
Access to legal databases
such as Lexis/Nexis = $2
million for 5 years
=$10,000,000
Staff training: 2 persons per
50
year for 5 years =
$20,000,000.
GOJ/Private Sector
Review the structure and
functioning of the Office of the
Parliamentary Counsel with a
view to identifying and
recommending possible
improvements.
Recommendations
on structure and functioning of
Office of Parliamentary Counsel.
No additional cost to the
Government of Jamaica; to
be funded through CIDA’s
JUST programme.
Strengthen the Office of the
Parliamentary Counsel to
provide staff with specialised
legislative training
opportunities in identified
Commonwealth Countries.
Strengthen the computerised
linkage between the Office of
the Parliamentary Counsel and
the Law Reform Department to
enable the more expeditious
exchange of information
between both these entities.
Improve the staff capabilities of
the Office of the Parliamentary
Counsel through training and
technology.
Training of three
persons per year in both
long and short-term local
and international courses $4 million per year for 5
years = $20,000,000
Computer equipment, user
license fees and cabling =
$21,000,000.
GOJ/Private Sector
51
Provide the services of two
additional legislative
draftspersons to the Office of
the Parliamentary Counsel.
Offer four scholarships to four
local Attorneys-at-Law to
pursue one-year legislative
drafting training courses at
UWI.
Strengthen the legislative drafting
complement of the Office of
Pariamentary Counsel.
CIDA Office of Democratic
Governance to be asked to
provide and pay for the
services of two
Commonwealth or regional
legislative draftspersons as
well as four scholarships to
local Attorneys-at-Law to
pursue legislative drafting
studies at UWI.
Establish stronger linkages with
CARICOM Legislative Drafting
Facility.
52
Government of Jamaica enacts
legislation transferring
supervisory jurisdiction over
Clerks of Court from RM’s to
DPP.
Increase the staffing level of the
Office of the DPP.
No additional cost
DPP deploys Crown Counsel to
advise the police at homicide
scenes.
DPP to assist the police in
strengthening its evidence
gathering techniques for cases to
be presented in court by the DPP.
No direct
Strengthen JCF Witness
Protection Administrative Unit.
Assist JCF in improving its
protection of witnesses under
threat.
Cost subsumed under the
budget of the Ministry of
National Security.
The JCF provides for the
videorecording of interviews in
police stations with all
witnesses and accused persons
The JCF assures pretrial fairness
of treatment for witnesses and
accused persons.
Purchase of two
videocameras for each of
39 urban police stations @
J$32,000 each = $2,496,000
implications for
Government of Jamaica.
additional cost implications.
(Subsumed under GOJ
recurrent costs for Crown
Counsel and Clerks of Court
salaries and benefits).
53
to serious crimes.
Purchase of one
videocamera for each of 28
rural police stations at
J$32,000 each =$896,000
-Ministry of National
Security
Government of Jamaica enacts
amended Evidence Act which
permits the giving of court
testimony by witnesses through
the live videolink medium.
Remove threat to witnesses
giving evidence in Court.
No additional cost
Establishment of live videolink
testimony in the Supreme
Court.
Remove threat to witnesses
giving evidence in Court.
4 criminal courtrooms in
the Supreme Court at the
Jamaica $ equivalent of
US$150,000 per courtroom
= $51,000,000
implications for
Government of Jamaica.
-GOJ/EU
54
Government of Jamaica to
increase the training of existing
staff, increase the staff
complement and acquire more
advanced technology for the
Government Forensic
Laboratory.
Enable Forensic Laboratory to
more efficiently provide scientific
evidence to be used by police and
prosecutors in the Courts.
Government of Jamaica to pass
legislation which enables DNA
information to be used as
evidence in the Courts.
DNA information in Forensic
Laboratory to have evidential
value in the Courts.
Government of Jamaica works
with the University of
Technology with regard to
establishing a University of
Strathclyde training course for
Forensic Laboratory Specialists
at the University of Technology.
Increased access to more and
better trained Forensic
Laboratory Specialists in Jamaica.
$350,000,000
-GOJ/EU
No cost to Government of
Jamaica. (Subsumed under
Office of Parliamentary
Counsel).
No additional cost to
Government of Jamaica
budget.
55
Government of Jamaica
eliminates the practise whereby
Forensic Pathologists on fouryear contracts of employment
are asked to undertake post
mortems in their fourth year of
employment.
Ensure that the work of foreign
pathologists have continuity in
the justice system.
No additional cost
Government of Jamaica
establishes a rule which
requires all foreign forensic
pathologists to be supervised
by the Medical Faculty of the
University of the West Indies or
the Ministry of Health for a
three-month period.
Ensure that the work of foreign
pathologists meet established
standards of medical quality.
No additional cost to
Government of Jamaica
budget.
to Government of Jamaica
budget.
56
Output 5: Prioritised Activities
Reform Action
Key Outcomes
Cost (J$)
YEAR
Indicators
Source of funding
ONE
Government to source
technical assistance services
from the Jamaican private
sector to prepare a Court
Facilities Master Plan.
Single Master Plan operates as a
source document for all courthouse
constructions and renovations.
$3,000,000
Improve utilization of court
facilities (Start court earlier; use
existing facilities for longer
hours; Night Courts).
Using court facilities more efficienly
to enable the system to come to
grips with existing case backlogs.
No additional
Erect new court infrastructure,
which utilises “One-stop Shop”
features.
Construct additional new
courthouse facilities in accordance
with developed Court Facilities
Master Plan.
Government of Jamaica
approaches the Caribbean
Development Bank with a view to
participating in its proposed
Establishing a Sound Court
Infrastructure
-Jamaican private sector to be
asked to provide and fund the
services of an Architect for six
months.
cost to Court Management
Service.
57
YEAR TWO
YEAR
YEAR
YEAR
THREE
FOUR
FIVE
regional Court Infrastructure
Improvement Project.
Contribution of $400,000,000
from GOJ
- GOJ/CDB
Continue to improve utilisation
of court facilities.
Improved access and utilisation of
court infrastructure.
No additional
Eliminate practice of locating
RM Courts above police
stations.
Remove close association of the
Judicial and Executive Branches of
Government in the minds of the
public.
The cost of action would be
factored into the existing Ministry
of Justice budget for courthouse
infrastructure and the Ministry of
National Security’s existing
budget for
renovating/constructing police
stations.
Terminate the location of the
Office of the DPP within the
Court of Appeal. Building.
Eliminate physical co-location of
DPP and Court of Appeal offices in
the interest of public perception.
This activity is predicated upon
the success of the Government of
Jamaica in the creation of a
“Justice Square.”
As a long-term Agenda plan,
Prepare for long term scenario
No additional
cost to Court Management
Service.
58
the Judicial Branch may wish to
commence discussions with the
other branches of Government
with a view to assuming
administrative control over all
buildings that house the courts.
where courthouses are managed
by the Judicial Branch of
Government.
cost to Court Management
Service
Establish model courtroom in
the Supreme Court and a
selected RM Court.
Demonstrate to judges, lawyers and
citizens the benefits that can accrue
to the justice system through the
use of specialised technological
applications in the court setting,
e.g. The use of visual displays of
evidence, which are shown
simultaneously to all judges on the
Bench.
$34,000,000
-When achieved, existing
Government allocations for court
buildings would be turned over
by the Executive to the Court
Management Service.
- GOJ/EU/Private Sector
Output 6: Prioritised Activities
Reform Action
Key Outcomes
Cost (J$)
YEAR
YEAR
YEAR
YEAR
YEAR
Indicators
Source of funding
ONE
TWO
THREE
FOUR
FIVE
Implementing a social
component for the delivery of
justice reform
59
Reform Action
Develop the capacity of Peace
and Justice Centres (equipment,
staffing and mediation
training).
Key Outcomes
Cost (J$)
YEAR
YEAR
YEAR
YEAR
YEAR
Indicators
Source of funding
ONE
TWO
THREE
FOUR
FIVE
Increase number and
capacities of Peace and Justice
Centres.
10 centres established in critical
community areas which suffer
from a lack of adherence to the
rule of law@ $2 million each per
centre per annum over 5 years =
$20,000,000.
GOJ/UNDP/USAID/WB/Private
Sector
Review legal aid system with a
view to strengthening its
outreach.
Implementable
recommendations provided on
how to increase legal aid
outreach throughout Jamaica.
No additional cost to the
Government of Jamaica. To be
funded through Order in Society
Component of JUST programme.
60
Reform Action
Establish legal aid
strengthening programs in
communities through the
utilisation of probono legal
services marshalled under
private sector auspices.
Key Outcomes
Cost (J$)
YEAR
YEAR
YEAR
YEAR
YEAR
Indicators
Source of funding
ONE
TWO
THREE
FOUR
FIVE
Strengthen legal aid delivery in
communities.
See Output 2 prioritised budget
under the “Key
Outcome/Indicators”
headings, “Increase legal aid
services to the public.”
-GOJ/Private Sector/USAID
(under the rubric of providing
communities with greater access
to justice).
Tackling larger social issues
(parenting, parent’s education).
Mitigating those social issues
which are thought to be
causative factors in the
breakdown of the rule of law.
Ten communities selected to
benefit from twenty programs of
$2 million each per annum for 5
years =$200,000,000
- GOJ/Private Sector/CSJP/JUST
Legislation to establish Victims
Compensation Program.
Establish Victims
Compensation Program.
No additional costs
to Government of Jamaica.
(Subsumed by Office of
Parliamentary Counsel budget).
61
Reform Action
Key Outcomes
Cost (J$)
YEAR
YEAR
YEAR
YEAR
YEAR
Indicators
Source of funding
ONE
TWO
THREE
FOUR
FIVE
Establish Family Courts in
selected Parishes over a fouryear Framework period.
Family Court services made
available to larger number of
Jamaicans.
Establish Victims Support
Charter and strengthen existing
Victims Support System.
Strengthened Victim Support
System.
4 Family Courts established in four
parishes at an approximate cost of
$10,000,000 per court =
$40,000,000
GOJ/EU
$600,000,000
over five years.
- GOJ/JUST/EU (Based on the real
crime reduction, and hence
backlog reduction, potential of
this activity).
Intensify work of existing
Inmates External Work
Programme.
Inmate rehabilitation
increased.
Subsumed under existing
Department of Correctional
Services budget for this ongoing
exercise.
Establish at least ten Youth
Diversion Centres.
Functional youth diversion
programmes developed.
1 youth diversion centre
established in 2 communities per
year for 5 years @ $24,000,000
per centre = $240,000,000
-GOJ/ other IDP members such
as UNDP and JUST.
62
Reform Action
Focused public education
campaigns on conflict
resolution.
Key Outcomes
Cost (J$)
YEAR
YEAR
YEAR
YEAR
YEAR
Indicators
Source of funding
ONE
TWO
THREE
FOUR
FIVE
Conflict resolution education.
Subsumed under Output 7 “Key
Outcomes/
Indicators” of
“Public education programs
developed will pay equal attention
to the needs of the court system as
well as vulnerable civil society
communities.”
63
Output 7: Prioritised Activities
Reform Action
Key Outcomes
Cost (J$)
YEAR
YEAR
YEAR
YEAR
YEAR
Indicators
Source of funding
ONE
TWO
THREE
FOUR
FIVE
Strengthened Public Trust And
Confidence
Court Management Service
develops code of conduct for
the court system and produces
revised standards for the
selection, appointment and
remuneration of Judges and
RM’s.
Code of conduct and revised
standards for the selection,
appointment and remuneration of
Judges and RM’s produced.
Ministry of Justice, Court
Management Service, JCF and
Department of Correctional
Services develop a public
education strategy for the
justice system.
Common public education
strategy for justice system
developed.
Court Management Service in
conjunction with Ministry of
Justice improves public access
to court decisions and
Improve access of the public to
court decisions and national
legislation.
Technical assistance for this
reform can be provided by the
Order in Institutions Component
of JUST.
No
additional costs to Government
envisaged - (Subsumed under
communication costs in Output
7).
Provision of court reporting
facilities (audio recording
equipment, laptop and desktop
computers) in 16 RM Courts =
$35,000,000.
64
legislation (e.g. improving court
reporting facilities, enlarging
the outreach of the existing
Ministry of Justice public
education facility and updating
the current Laws of Jamaica
Online service).
-Court Management Service
Access to legislation can be
facilitated under the Order in
Legislation Component of JUST.
Justice sector public education
efforts are steered towards
UNDP’s Jamaica Violence
Prevention, Peace and
Sustainable Development
Programme.
Strengthening the efficiency of
justice sector public education
initiatives.
Establish Website with public
access to information on the
Courts, Department of
Corrections and other key
stakeholders.
Improve public access to
information on the court system,
Department of Correctional
Services and other key
stakeholders.
No additional costs to
Government of Jamaica.
20 days technical assistance
services of a local website
designer @ the J$ equivalent of
US$1,000 per day = $ 1,600,000.
- GOJ/JUST (Any JUST
contribution can be accomodated
under its Order in Society
Component)
65
Focus equal efforts on public
education programmes directed
at the justice system as well as
conflict resolution messages to
vulnerable communities.
Public education programmes
developed will pay equal
attention to the needs of the
justice system as well as
vulnerable civil society
communities.
$100,000,000
Establish Office of the Special
Prosecutor.
Greater emphasis made on the
investigation and prosecution of
alleged corrupt public and private
acts.
Establish and staff Office of
Special Prosecutor =
(Over a five year period).
-GOJ/JUST
$82,000,000
-GOJ
Government of Jamaica passes
legislation establishing an
independent body, staffed by
civilians, responsible for
investigating alleged police
breaches of the law.
Independent body established to
investigate alleged rights
breaches by police against the
citizens.
No additional costs to
Government for legislative
development.
Once established, the staffing,
housing and operations of the
new body estimated to cost
$430,000,000 for five years.
- GOJ
66
67