SOEs are sledgehammers not scalpels
Dear Editor,
The Independent Jamaican Council for Human Rights (IJCHR) is greatly concerned at the new declaration of states of emergency (SOEs) covering the parishes of Clarendon, St Catherine, St James, Westmoreland, Hanover, St Ann, and sections of Kingston and St Andrew.
This measure has been taken after the Government failed to obtain the necessary special majority in the Senate to extend the previous 14-day SOEs.
There does not appear to have been any new development in the week since the attempt to extend the previous SOEs failed.
The constitutional scheme contemplates a parliamentary extension of the short-term SOE and not repeated renewals of the short-term declaration.
It is very important for Governments to appreciate that the constitution should be observed not merely in its letter but also in its spirit. There have been many judicial decisions of the highest authority which affirm this principle. This action by the Government is, therefore, questionable.
In any event, the SOE device is unsustainable as a method of crime fighting because it clearly cannot, legally or properly, be continuously repeated.
IJCHR recognises that Jamaica is faced with the serious problem of violent crimes and a high murder rate. Permanent and effective crime-fighting strategies need to be developed.
Apart from the legal problems which SOEs pose — the repeated irregularities of their execution and deficiencies in their regulatory framework — they have only provided temporary respite. It is essential that an efficient, properly resourced crime-fighting strategy be developed and implemented. This should be treated as a national priority.
The security forces must be provided with the necessary equipment, technological tools, and intelligence capabilities. Comprehensive electronic surveillance systems must be established. Effective communications and reporting facilities must be provided. Shortened and prompt response times must be achieved.
SOEs have, in the past, resulted in extensive infringements of the fundamental rights of law-abiding citizens. They are sledgehammers not scalpels. The good must not suffer for the bad.
IJCHR appeals to the Prime Minister Andrew Holness and his Administration to seek a national consensus on the programmes and measures which are both effective and in conformity with our constitutional principles. We must, thereafter, apply them with competence and consistency.
Arlene Harrison Henry, KC
Kingston 5