US: Jamaican Gov’t must demonstrate its political will

Wednesday, March 03, 2010

The United States Department of State on Monday released its annual International Narcotics Control Strategy Report in which it chastised the Bruce Golding-led administration for its handling of the extradition request for Tivoli Gardens strongman Christopher 'Dudus' Coke and questioned Jamaica's commitment to the fight against narco-trafficking.

Below is the full text of the report on Jamaica.

Summary

Jamaica remains the Caribbean's largest source of marijuana for the United States. It is also a transit point for cocaine trafficked from South America. While cooperation between Government of Jamaica (GOJ) and US Government (USG) law enforcement agencies remained strong, delays in proceeding with the significant extradition request for a major alleged narcotics and firearms trafficker who is reported to have ties to the ruling Jamaica Labour Party, and subsequent delays in other extradition requests, have called into question Kingston's commitment to law enforcement cooperation with the US.

The GOJ's ambitious anticorruption and anticrime legislative agendas announced in 2007 remain stalled in Parliament. Five anticrime proposals under consideration as part of an extensive agenda to address the widespread crime challenges have yet to be debated by Parliament. Jamaica is a party to the 1988 UN Drug Convention.

Status of country

Porous sea and air ports serve as direct export locations of marijuana and cocaine to the United States. Jamaican law stipulates that consumption of cocaine, heroin and marijuana are illegal, with marijuana being the most frequently abused. The possession and use of MDMA (3, 4-methylenedioxymethamphetamine, or Ecstasy) is controlled by Jamaica's Food and Drug Act and is currently subject to light, non-criminal penalties.

Jamaica's murder rate per capita reached 1,672 in 2009 making it one of the highest in the world. The difficult economic situation has spawned a significant increase in aggravated crime such as larceny, robbery and rape. This, in turn, has placed a national spotlight on increasingly brazen criminal activity throughout the country which continues to threaten civil society. A particular focus of concern has been the increasing activity of organised crime, which permeates both the legitimate business sector as well as the political sector. The "guns for ganja" trade exacerbates the problem as undocumented handguns continue to flow freely into the country. Recent assessments indicate that approximately 70 per cent of the illegal firearms entering Jamaica originated from the US.

Country actions against drugs in 2009

Policy Initiatives: The Ministry of National Security (MNS) and the Ministry of Justice (MOJ) held a two-day high-level forum to discuss organised crime and its impact on Jamaica's political and economic stability. The MNS outlined an ambitious set of legislative proposals which included tackling the drugs for guns trade, lottery scams, extortion, and the trafficking of drugs and people. These proposals are currently being reviewed at the Cabinet level with the hopes of being presented to Parliament for ratification. Efforts to reform the police force, as mandated by the GOJ-approved Police Strategic Review in 2007, have yet to yield significant results in a law enforcement system that is plagued by corruption and inefficiencies.

The GOJ took steps to ensure greater accountability in the implementation of the anti-money laundering provisions of the Financial Investigative Division Act enacted in late 2008. Procedural training was provided to judges, prosecutors and investigators on how to apply the new legislation with further training exercises planned for the next two years. A Code of Practice for investigators has been developed to guide officials in the execution of their powers and is expected to be sent to Parliament. The Bank of Jamaica and the Financial Services Commission regulate compliance with the Proceeds of Crime Act of 2007 by financial sector institutions. As a result of enforcement efforts, 31 persons were charged with money laundering; $86 million (Jamaican dollars) in property seized; $3 million (US dollars) seized; and $1,335,724 (US Dollars) forfeited.

Jamaica is not in full compliance with the Egmont Group requirements. The Financial Action Task Force has deemed that Jamaica has complied fully with three of the recommendations, is largely compliant in 27 areas, partially compliant in 13, and non-compliant in five areas.

Pervasive corruption at Kingston's container and bulk terminals continues to undermine the USG Container Security and MegaPorts (CSI) initiatives team's activities. In an effort to combat corruption, the Commissioner of Jamaican Customs Department has taken measures to crack down on importers who evade customs duties and to dismiss staff complicit in criminal activity.

Accomplishments: Drug-related arrests were relatively stagnant at 6,346 arrests for 2009. Drug seizure levels showed a dramatic decrease with approximately nine metric tons of marijuana seized compared to nearly 32 metric tons in 2008. The GOJ seized 222 kilograms of cocaine, 2,785 Ecstasy tablets and 3.2 metric tons of hashish.

Law Enforcement Efforts: Two years after the strategic review of the police force, the GOJ has yet to implement the necessary recommended reforms. The slow paced, along with the increasing rate of aggravated crime compelled the Jamaican Executive Office (JEO), MNS, and the Police Services Commission (PSC) to assess the overall effectiveness of Police Commissioner Lewin's leadership.

Shortly after a public statement of no confidence was announced by the prime minister, Commissioner Lewin tendered his resignation and left office on November 6, 2009. He provided few details for his resignation but stated that there were numerous problems that he encountered with the authorities that conflicted with the macro management of law and order in Jamaica. The Jamaica Constabulary Force (JCF) senior official Owen Ellington was appointed acting police commissioner until the PSC formally appoints a permanent replacement in January 2010. While he has taken a strong public stance to eliminate corruption, he could face, as his predecessor did, internal, judicial and political roadblocks that hinder efforts to reform the police. In the past, these battles have paralysed the commissioner's authority and ability to affect change on the force. If this continues, Commissioner Ellington's fate could be similar to the previous three police commissioners who, despite the best of intentions, could not secure the necessary legislative support and political will to underscore their reform efforts at a time when murder and other violent crimes threaten to overwhelm the country.

The Department of Homeland Security's Immigration and Customs Enforcement (ICE) Assistant Attache office in Kingston currently supports a 41-person JCF Vetted Unit with investigative responsibility over violations of Intellectual Property Rights (IPR), weapons smuggling, human trafficking, human smuggling, money laundering, and fraud investigations. Much of the unit's investigative efforts have been focused primarily on investigating lottery scam cases under the auspices of the Jamaican Operations Linked to Telemarketing (JOLT) Task Force. The task force was established to combat the overwhelming amount of fraudulent monetary schemes perpetrated on United States citizens. Since inception of JOLT in May 2009, the task force has yielded 60 arrests, seized $283,460 (Jamaican dollars), repatriated $251,892.00 (US dollars) back to victims in the United States, and contributed to the opening of approximately 140 domestic ICE cases.

Corruption: As a matter of policy, GOJ does not facilitate or encourage illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions. However, pervasive public corruption continues to undermine efforts against drug-related and other crimes, and plays a major role in the safe passage of drugs and drug proceeds through Jamaica. For the first time, corruption ranked first to crime and violence as the area of greatest concern for Jamaicans. It remains the major barrier to improving counternarcotics efforts. Indeed, Jamaica's delay in processing the US extradition request for a major suspected drug and firearms trafficker with reported ties to the ruling party highlights the potential depth of corruption in the government.

The Jamaica Defence Force (JDF) investigates any report of corruption, and takes swift disciplinary action when warranted in furtherance of its zero tolerance policy. Unfortunately, a bill creating an Anti-Corruption Special Prosecutor remains stuck in Parliament despite having the requisite legislative majority needed for passage. There has not been legislative action to create a National Anti-corruption Agency (NIIA), which could satisfy the Inter-American Convention against Corruption's requirements. However, the Anti-Corruption branch (ACB), headed by an internationally recruited police officer, continues to have success in identifying and removing corrupt officials, which included the dismissal of 59 JCF personnel since March 2009. The Branch's number one task is to target high-level officers responsible for corruption. The GOJ now requires senior police officers to sign employment contracts to improve accountability and facilitate the speedy dismissal of corrupt police officers.

Agreements and Treaties: Jamaica and the US have a Mutual Legal Assistance Treaty (MLAT) in place, which assists in evidence sharing. The US and Jamaica have a reciprocal asset-sharing agreement, and a bilateral law enforcement agreement governing cooperation on stopping the flow of illegal drugs by maritime means. Jamaica is a party to the Inter-American Convention on Mutual Legal Assistance in Criminal Matters. The GOJ signed, but has not ratified, the Caribbean Regional Maritime Counterdrug Agreement. Jamaica is a party to the 1988 UN Drug Convention, the 1971 UN Convention on Psychotropic Substances and the 1961 UN Single Convention as amended by the 1972 Protocol. Jamaica is also a party to the UN Convention against Corruption, the UN Convention against Transnational Organised Crime and its three Protocols, as well as the Inter-American Convention against Corruption.

Until August 2009, the extradition treaty between the USG and the GOJ had been actively and successfully used by the United States to extradite suspected criminals from Jamaica. Extradition requests were routinely and timely processed by Jamaican political and judicial authorities. The GOJ's unusual handling of the August request for the extradition of a high-profile Jamaican crime lord with reported ties to the ruling Jamaica Labour Party, which currently holds a majority in Parliament, on alleged drug and firearms trafficking charges marked a dramatic change in GOJ's previous cooperation on extradition, including a temporary suspension in the processing of all other pending requests and raises serious questions about the GOJ's commitment to combating transnational crime. The high-profile suspect resides in and essentially controls the Kingston neighbourhood known as Tivoli Gardens, a key constituency for the Jamaica Labour Party. Jamaica's processing of the extradition request has been subjected to unprecedented delays, unexplained disclosure of law enforcement information to the press, and unfounded allegations questioning US compliance with the MLAT and Jamaican law.

Cultivation/production: Natural environmental barriers such as swamps, marshes and mountainous terrains make it difficult to conduct marijuana crop surveys. Marijuana is grown in areas generally inaccessible to vehicular traffic on small plots in both rocky terrain and along the tributaries of the Black River in Saint Elizabeth. Eradication of marijuana decreased this year, with 254.9 hectares eliminated compared with 423 hectares eliminated in 2008. Much of this is due to fiscal constraints within the JDF.

Jamaican law also prohibits the use of herbicides; therefore only manual eradication is conducted. The manufacture, sale, transport, and possession of Ecstasy, methamphetamine, or the precursor chemicals used to produce them remains regulated by civil and administrative rather than criminal authorities. Jamaica is not a producer of precursor chemicals or other chemical substances, and therefore relies on the export countries to conform to international standards governing export verification. Jamaica does not import the prime components used in combination with diverted chemical substances for the production of synthetic drugs. Furthermore, the importation and sale of pharmaceutical products and chemical substances are regulated, and reinforced with fines or imprisonment. Additionally, other controls exist to monitor the usage of pharmaceutical products and chemical substances, including register controls, inspections and audits.

Drug flow/transit: Cocaine smugglers continued to use maritime containers, couriers, checked luggage, and bulk commercial shipments to move cocaine through Jamaica to the United States. There was a noticeable increase by law enforcement in detection of liquid cocaine secreted into consumer goods and luggage. Marijuana traffickers continue to barter for cocaine and illegal weapons. While Operation Kingfish, a multinational a multinational taskforce (GOJ, US, United Kingdom and Canada) to target high-profile, organised crime gangs, continued to successfully operate, it has not been able to exclusively focus on high-powered leaders of criminal gangs. This is due to the fact that these leaders are afforded community and, in some cases, police and political protection. Additionally, their activity is often linked with legitimate business holdings.

Domestic programmes/demand reduction: Jamaica has several demand reduction programmes, including the Ministry of Health's National Council on Drug Abuse. US funding supported the provision of books and teaching staff to an inner-city after-school programme. The GOJ operates five treatment centres through the Ministry of Health. The GOJ/Organisation of American States Inter-American Drug Abuse Control Commission (CICAD) university-level certificate programme in drug addiction and drug prevention remains active. The United Nations Office Drug Control (UNODC) works directly with the GOJ and NGOs on demand reduction; however, due to limited resources these programmes have limited impact.

US policy initiatives and programmes

Policy Initiatives: The USG supports counternarcotics projects in Jamaica designed to increase the capacity of its law enforcement agencies to reduce the trafficking of illicit narcotics through Jamaica and sustain improvements in law-enforcement capabilities through modernisation and professionalisation of the JCF, while maintaining a strong and corruption-free law enforcement institution. The pressures of narcotics trafficking, money laundering, corruption and crime undermine the rule of law and democratic governance. Supporting Jamaica's transformation into a more secure, democratic, prosperous and stable partner represents a major US policy goal. This included enhancing the abilities of Jamaica's law enforcement agencies to detect and intercept shipments and detain traffickers.

Bilateral Cooperation: In 2009, the USG provided training and material support to elements of the JCF and JDF to strengthen their counternarcotics, and anticorruption capabilities and improve the investigation, arrest, and prosecution of organised crime, including assisting the GOJ with vetting of specialised units within the JCF. The Jamaica Fugitive Apprehension Team (JFAT) received specialised training, equipment, guidance and operational support from the US Marshals permanently stationed in Kingston. The US Marshals opened 71 new cases and closed 198 cases involving US fugitives. Jamaican authorities made 14 arrests, 15 extraditions and eight deportations during the year.

The JDF Coast Guard participated in joint deployments with the USG in Jamaican waters during 2009 under the auspices of "Operation Riptide" which allow both nations to conduct law enforcement operations within each other's maritime zones and is authorised under the Joint Jamaica-United States Maritime Cooperation Agreement Concerning Cooperation in Suppressing Illicit Maritime Trafficking. In addition, the US Coast Guard provided JDF Coast Guard resident, mobile and on-the-job training in maritime law enforcement, engineering and maintenance, search and rescue, port security, and leadership and management, while a three-phase training exercise was conducted, which covered land navigation, port security, and search and rescue, boat maintenance and repair, and leadership principles.

Multilateral Cooperation: While multi-nationals (United States, United Kingdom and Canada) continue to provide assistance to the GOJ for the implementation of 124 recommendations cited in the Police Strategic Review, a parallel strategy to enhance judicial operations has gained support from all partners. The priority to assist the Anti-Corruption Branch with tackling corruption among senior police officers while, in tandem, strengthening the judiciary infrastructure so it can adequately process all forms of criminality remains high. Recognising the abysmal five per cent conviction rate for murders, the US-sponsored a comprehensive training programme which focused on defining the role of the prosecutor, developing broader analytical tools, and applying their skills via mock case studies in concert with the United Kingdom Crown Prosecution Service, the United Kingdom's High Commission and the GOJ.

The Department of State's Bureau of International Narcotics and Law Enforcement Affairs' Narcotics Affairs Section in Kingston also brought the Governments of Jamaica, Haiti, and the Dominican Republic together to define, discuss and formulate a multilateral strategy to reduce transnational crimes in the region and organised crime activity between the three countries. As a result, the GOJ and Government of Haiti were in the final stages of drafting a security agreement covering a wide range of issues including joint operations, personnel exchanges, joint training, intelligence sharing, immigration, drugs and narcotics interdiction, transnational crime and gang reduction.

A two-day meeting comprising of representatives from the Jamaican, American, British and Canadian law enforcement agencies, several major international airline companies, and the Montego Bay Airport Authority took place in Montego Bay in December to discuss airport operations. The purpose of the meeting was to review current airport operations, identify airport assets and challenges, determine operational gaps, develop a measurable strategic response to combat previously defined roadblocks, and enhance cooperation between international law enforcement partners, the airlines and the airport authority. Over the course of the two-day meeting all objectives were met including a short-list of immediately actionable items for all players. Future meetings and task force groups have been established for the purpose of resource de-confliction, information sharing and strategic planning development.

The road ahead

The rise of gang-led violent crime and corruption will continue to pose a significant threat to social stability in Jamaica. As trust in the government to provide peace and security wanes daily, some communities are resorting to the use of "vigilante style" law and order by forming community policing units to target criminals who threaten their families and businesses. We encourage the GOJ to enhance its collaboration with the USG, and other regional partners, to develop a comprehensive gang-reduction strategy and pass legislation to criminalise participation in organised criminal gangs which is currently under review by Parliament.

The GOJ is encouraged to demonstrate its political will to address corruption by successfully investigating, prosecuting and convicting corrupt officials at all levels of government service and by the timely extradition of fugitives in accordance with the provisions of the bilateral extradition treaty, without regard to political influence or party affiliation.

We encourage the GOJ to maintain the independence of the Anti-Corruption Special Prosecutor, the JCF's ACB, the Police Civilian Oversight Authority and the Financial Investigative Division, and provide them with the resources and political backing to undertake their tasks. We also encourage the GOJ to support the commissioner of police to implement the reform recommendations of the Ministry of National Security's Strategic Review of the JCF to ensure a professional non-corrupt organisation.

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COMMENTS (15)

Elli Deedo
3/4/2010

As I've said previously; Every member of Parliament need's to go into their respective Constituencies, and make it clear that all illegal weapons must be taken to the Nearest Police station in their area, or to the Churches.
They should also warn those Thugs to stop using the Name of a Political party while conducting their Criminal activities.. Politicians are going into various areas preaching to the Citizens to go out and vote when it approache's Election time; they have a duty to return and preach the subject of take in your Guns, 'if they are not supporters of those Criminanl groups..This must now become the new Duty of all politicians..PNP..and JLP.

george watson
3/4/2010

I heard a man on one of the talk shows on Tuesday saying that if Jamaica had reached a particular state of development then it could have told the United States to go to hell with its extradition request. No matter how well developed, Jamaica will never be in a position to do this, especially with its proximity to the U.S. Farmers in America have holdings larger than Jamaica; do you think the U.S. is going to allow us to thumb our noses at them, without repercussion?
In the U.S. they have a saying, “If you do the crime, then expect the time.” This is exactly what we must expect after the prime minister’s grandstanding, because that is exactly what it is, mere blubber. It is all well and good to talk of due process and sovereignty, but neither of them can be taken to the supermarket. If he were taking this position with respect to all the citizens of Jamaica, then it would be bad enough, and he might well have been respected for his stand although we would have cause for concern, but we all know it is because the person is who he is..
If anyone has been to Cuba and seen their health facilities and other forms of development, we could well understand how far advanced they would be if America had not taken the stance it has against them. HOW CAN YOU CURSE THE ALLIGATOR WHEN YOU ARE IN THE SWAMP? Madness, sheer madness. Does anyone believe that U.S. investors will be rushing back to resume their investments in bauxite if the world economy turns around? Do we think that their citizens will return as tourists? If they do our prime minister will have to eat humble pie and apologize AFTER the inevitable return of Dudus.
I wonder if the prime minister would have taken this stand if Dubya were still the president. We can only speculate.
And finally, why did not the prime minister give us the update he did in Parliament on Tuesday before the damning report came out of the U.S?

Elli Deedo
3/3/2010

This is a very Complex situation. According to Mr. Golding the extradition request for mr. Coke is not in accordance with the laws of Jamaica, and it would seems to entails a breach of the clauses which are written in the treaty act. His Lawyers are also saying that one cannot be extradited on just a Phantom evidence; And the Americans have no obligation to reveal their source of evidence, according to statements made by mr. Coke's Attorney:
I think the Americans were of the opinion that due to our present state of affairs, our regime would have quickly flushed out this Gentleman, disregarding constitutional rights!!! And due to the fact that we've been constantly asking them for assistance to curtail the influx of illegal weapons into the Island..However their very kind endeavour seems to be out of contex with our Constitution.
I think we need to apply more intellectual diplomacy in order to solve this crisis. For example our administration should produce documents prividing evidence of a breach of our Citizens constitutional rights, in regards to the manner in which they are asking for Mr. Cokes Extradition.
The Americans should also be made to authenticate their claim of Mr. Cokes affiliation with illegal activities. They must respect our sovereignty, as we respect theirs. There is no such thing as Bullying, because of our size or state of Economy. I do not Condone with illegal activities, nor doe's the average Jamaicans, but the right approach in this procedure will facilitate matters. It would seems to me that procedural difficulties have stalled this whole process, let's see the result of this Political, and Diplomatic Drama, it's very interesting:

Doug Campbell
3/3/2010

This report by the US about the sad state of affairs in Jamaica is accurate and true. Imagine an entire state is being held to ransom because the government refuses to extradite on lowly criminal oops i meant "businessman".We here from a Prime Minister crowing about "Dudus's Rights" what about rights of the tens of thousands of Lawyers, doctors, teachers, ordinary citizens who was murdered over the past decade.Whenever you think that we are at the bottom we surprise even ourselves by sinking lower. I cry for my beloved i meant use to be beloved country.

Karen Lee
3/3/2010

shame on jamaica...fi real

Don Rowe
3/3/2010

In the past I commented that consistency is most important in any relationship as in international relations. We seem to admire the US judicial model while we challenge the legitimacy of its judicial system that we all too well admire in other circumstances (void of the Coke extradition request). We admire their judicial structure, protocols and deligence up to this Coke extradition request. While this could be the turning point in the usually good US judicial practices, in the absence of any clear evidence of imporpriety on the part of the US authorities marchalling this case, the Attorny Generals office must allow due process to take its course in accordance with the established relevant treaties under which Coke has been requested. There is a difference in protecting the statutory rights of citizens and actively performing a criminal defence role. The sight of criminal obstruction is rather blinding at this time. The AG should let the Light of due process Burn its way to a clear conclusion.

Believer In-God
3/3/2010

It is time the US came in and take out the corrupt politicians - JLP and PNP - and rid us of them. It will be good riddance to bad medicine.

Ms. Lee B.
3/3/2010

I sincerely hope that if any other Jamaican were accused of the crimes put forth by the U.S. the Bruce Golding Administration would be just as vigilant in protecting their "rights."
Almost one year and the "investigations" continue.

JA Cynic
3/3/2010

It would be of great interest if The Observer publishes the previous Annual International Narcotics Control Strategy Report so that some comparison can be made as to the apparent down-grading of the Bruce Golding Govt since it assumed office.
Is this what was promised in the manifesto as "changing course"?. Has the JLP Govt changed our foreign policy esp. in relation to the USA?
Has Golding departed from Bustamante's "We are with the West" foreign policy?
JA Cynic

C. Brown
3/3/2010

Jay Brown, totally agree....The American report is truthful and accurate... Mr. Golding, what a disappointment u are. I grew up in a JLP yard, but I don't believe in the JLP, PNP affiliation thing. I support whoever is best suited to run the country; right now it's not you Mr. Golding, nor Portia. We need a leader with the will power of a Danville Walker

Richie L
3/3/2010

There we have it. It seems like their are many willing people in and out of Jamaica who know what to do to stop the slide in Jamaica.
.
Now if we could just get rid of our "leaders". It is these people who are holding up Jamaica.

Jan M
3/3/2010

"Jamaica remains the Caribbean's largest source of marijuana for the United States. It is also a transit point for cocaine trafficked from South America."
What about all the guns coming in from Haiti in the guns for drugs trade? Aren't they coming from the US via Haiti?
If all the facts are there for Dudus to go then he should go and he will be represented in court.

Hope Alive
3/3/2010

The report said that the interception of drugs declined last year. Please note that the proliferation of drugs in Jamaica started in the eighties. Is this déjà vu?

Jay Brown
3/3/2010

This "no holds bar" report is indeed a flogging for the ruling JLP and could not have come at a worst possible time.
The Golding administration is losing face daily as incompetence and lack of political will to get the job done, is threatening the viability of the party.
The JLP is making the PNP look like winners in the next election, without they(the PNP) needing to spend a dime on campaigning.
Golding is playing tough in his stance, that he is not afraid to lose political capital in his staunch defense of Dudus. This is indeed sad as there is so much that has gone wrong within the party, and I do not hear him say he is willing to lose political capital by getting rid of those in the party that do not have the country interest at heart.
Bruce when you were elected back in 2007, there was hope that you would have brought something different to the table, how wrong we were.
Instead you have brought us close to the brink, your young turks are running wild and out of control, gangs and gang leaders has taken over the country and are now giving orders to the police and their political "representative".
People in some communities are living in "concentration camps", where there cellphone are routinely taken away by gangsters and checked to see if these phones have been used to make contact with the police.
No longer do gunmen need to import guns, you can simply place an order with any police armoury and get as much guns and bullets as you need, and even issue IOU.
Providning evidence to the police on crime is like telling the gunmen you saw them commit a crime, for which your rewards is a "bullet to the h#@d".
Its time for Jamaicans to take Jamaica back, these guys have failed us and lead us down a path to destruction.
Visit here to add your voice to the need for change.
http://johnww.wordpress.com/2009/11/16/my-comprehensive-crime-plan/

Jay Brown
3/3/2010

Global "war" on drug, a failed strategy ?
For more insights see.
http://johnww.wordpress.com/2009/08/10/the-global-war-on-drugs-a-failed-strategy-or-is-it/

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US: Jamaican Gov’t must demonstrate its political will