Orville W. Taylor"EVERY ONE is crying out for peace. No one is crying out for justice. We want equal rights and justice." Lest anyone starts calling me 'Old Pirate', those are Peter Tosh's lyrics and the words are true. Crime, justice and equal rights are intimately connected.
I am saddened that the implementation of the Caribbean Court of Justice (CCJ) has been dealt a lethal blow by the Privy Council (PC), which ironically, it was supposed to replace. We need to have our own final court without having to go to the British peerage although among their numbers is one 'Afro-Saxon' Lord John Taylor with whom I share grandparents. Having the PC tell us that we do not even know how to present a case before them insults our sovereignty. It hurts even more since it occurred in black history month. God save Nanny!
Prime Minister Patterson erred on two counts. First, inasmuch as he was fully justified in pursuing our own appeal court, he being a lawyer, should have at least taken cognisance of the Jamaican Bar Association's arguments regarding its implementation. Second, while I understand his aversion to a referendum given that the ignorance of Jamaicans killed federation in the 1960s, he should have initiated a national education campaign. The average Jamaican just does not know what the CCJ is about and ignorance is oftentimes our worst enemy.
SERIOUS CONCERNS
Furthermore, there are justifiably serious concerns expressed about the quality of our justice system. The police force was not originally designed for real 21st century policing. Our 'force' was formed from mostly the lower classes to police themselves. Classic divide and rule strategy. There is talk of merging both the Jamaica Defence Force (JDF) and the
constabulary, then increasing the size by another 19,000. As the recommendations come from a banker, I have noted Mr. Clarke's remarks with 'growing
interest' and wonder if he would foot the 'bill.'
The concept of a more 'citizen-friendly' force is new, pleasant and almost paradoxical, since an entire
generation of police personnel grew up using the Suppression of Crime Act, which suspended the few enforceable rights. Thus, they are unaccustomed to policing while respecting human rights. This was implicitly acknowledged by Acting Assistant Commissioner Charles Scarlett, recently.
A larger and better-equipped force is good. However, where would the money come from to fund it? Believe it or not, if employment increased by 19,000 without a corresponding increase in the economy this is likely to lead to inflation. Right economists? I like BNS but I would like to know how much of its investment is in
activities that will increase our export earnings, thereby expanding our
economy and creating employment. Note, while unemployment does not 'cause' crime, they are strongly correlated.
Mr. Kenny Benjamin of Guardsman made the solid point that we have good laws that merely need to be enforced. I wonder if that includes the labour laws regarding the protection of conditions of employment for security workers. Oops! I mean 'contractors'. When he spoke about zero tolerance for drugs, is he including "the cess"? By the way, why is it illegal when cigarettes, with more than 21 known toxins are legal? Anyway, Benjamin suggests that many of the lighter police functions can be carried out by private security firms. Hmm! Any suggestions as to which companies could provide them? Pay a sociologist to analyse the situation. (Hint, hint).
EQUITABLE TREATMENT OF
THE LESS PRIVILEGED
In all seriousness, this makes sense and Benjamin seems to have the prime minister's ear since the latter addressed the last Guardsman directors' meeting. Yet, if we do not have equitable
of the less privileged, including those who work for us and guard us, then no amount of security will protect us. In the absence of real employment creation and a surge in export earnings, the employed guards will continue to face a large number of their own friends and relatives who are unemployed and dangerous.
The crime statistics are alarming with more than 200 killed. I haven't seen the breakdown of the data but I am willing to bet that the majority of the victims are inner-cities youth. Josef Stalin, Russian 'dictator' declared "A single death is a tragedy, a million deaths is a statistic." Not so! Any homicide, especially of young persons in their prime, is a tragedy. Yet, there is some justification for this view even from the way that we express outrage when certain crimes are perpetrated. Why are mostly the murders of 'prominent' citizens highlighted?
Over the years, having visited several Resident Magistrate courts I often lamented the attitudes that the court officials displayed to 'inner-city type' accused and complainants. I recall one clerk of the courts who would make attempts to be polite and was in the habit of explaining the charges and matters in Jamaican (patois). He frequently offended the sensibilities of many lawyers. One of them in complete frustration upbraided him and said, "Sir! Elevate yourself!" Your propensity to communicate in that crude and limited fashion was unbecoming of your intellect." What a piece a 'libaty!'
'POOR-FRIENDLY'
LEGAL SYSTEM NEEDED
Thank God and my Use of English tutor at UWI, I learnt that "Patwa" is a language, not a bastardised version of the Queen's English. If we expect people to use the legal system it must be "poor-friendly".
To Mr. Gallimore who wrote in Monday's Gleaner, thanks very much for reading my article. But please, I can't write an entire column about the origin of the word picnic. I said, "I would not stick my neck out" to get lynched (hanged by the KKK). It was a play on words. Anyway, I was paraphrasing, which I am entitled to do in my own native language. In any event, Jesus did not speak in King James' English either. "Dost thou understand what I sayeth?" Selah!
Dr. Orville Taylor is lecturer
in the Department of Sociology, Psychology and Social Work at
the University of the West
Indies, Mona.
