The legislation which allows the functions of the political ombudsman to be subsumed by the Electoral Commission of Jamaica (ECJ) is now law, but the electoral watchdog group Citizens Action for Free and Fair Elections (CAFFE) is continuing to register its objection to this move after its call for public consultation fell on deaf ears.

On Tuesday, the Ministry of Justice, in a media release, said the legislation was gazetted and is now law.

“The consolidation of these two critical offices is expected to promote efficiency, transparency, and accountability in the electoral process and to guide the conduct of political parties, their members and supporters,” said the ministry in its release.

“This strategic alignment is anticipated to yield several benefits, including a more streamlined and unified framework for handling electoral matters, improved coordination between various facets of the electoral process, and a more robust mechanism for addressing political disputes.

“The move is also expected to enhance public confidence in the electoral system by fostering greater accountability and responsiveness. By consolidating resources and expertise, the unified entity will be better positioned to address emerging challenges and implement reforms that further strengthen the democratic processes in Jamaica,“ added the ministry.

But CAFFE, which was among several civil society groups who have been speaking out against the decision, blasted the Government for acting without public consultation.

“There was no opportunity given to the public to examine the draft Bill. Despite the importance of the subject matter, no parliamentary committee was established to which the public could have been invited to make submissions,” said chairman of CAFFE, Grace Baston in a media release.

Batson also argued that although it is a subject falling within the terms of reference of the Constitutional Reform Committee established by the Government, that committee was not asked to engage in a public consultation on the subject with a view to providing its recommendations prior to the tabling of the Bill or the making of the decision to subsume the Office of Public Ombudsman in the ECJ.

Batson further noted that in September 2023 CAFFE also issued a statement saying it did not consider it to be prudent to submit to the ECJ the ethical questions which are normally dealt with by the political ombudsman and recommended that a designated person be assigned the responsibilities of this office for the anticipated election period.

“Neither the Government nor the Parliamentary Opposition responded to CAFFE’s submission. Neither the Government nor Opposition had engaged civil society organisations or the general public in any discussions on the matter, although the Political Ombudsman (Interim) Act to which they had both subscribed provided for the establishment within the Constitution of a separate Office of Political Ombudsman,” added Batson.

She pointed out that the composition of the ECJ includes four active politicians and argued argued that the task of adjudicating disputes between politicians engaged in a heated election climate cannot be entrusted to a body comprised of active politicians.”

“The inappropriateness of this arrangement is emphasised by the Political Ombudsman (Interim) Act which provides for confidential reports to be made to the political ombudsman, so that citizens can feel free that they can report apparent acts of misconduct by the politicians and their supporters without their identity being disclosed to the political associates of the alleged offender.

“This factor is specially recognised by the Political Ombudsman (Interim) Act which states that no person shall be qualified for appointment to the Office of Political Ombudsman if he is a member of the Senate or House of Representatives,” Batson noted.

She argued that was “completely inconsistent” with these provisions to rest the functions of the Political Ombudsman in the ECJ which consists of parliamentarians.

“We believe that these are critical issues of concern to the nation and therefore CAFFE reaffirms its opinion that the transfer of the functions of the political ombudsman to the ECJ is unwise and not in the interest of the democratic values that we espouse,” said Batson.