Police personnel gather at the crime scene after the killing of one of their colleagues.

[The following year-end review was submitted by the Farquharson Institute of Public Affairs]

In reviewing the performance of the new administration, the Farquharson Institute of Public Affairs (FIPA) gives a creditable rating for the Golding-led government; but not without a caveat. The institute accepts that good results were severely hampered by inherited problems, natural disasters and the adverse effects brought on by world economic conditions, all against the background of crime. The caveat attached is a negative mark for Government's failure to communicate adequately, and correlate with the people in general, and civil society in particular.

The country continues to be in crisis and there is dire need for the population to be informed, mobilised and brought into the mainstream of nation-building. It is hoped that this fundamental issue will receive early attention.

Constitutional amendments

For the New Year, the institute renews its long-standing call for constitutional amendments affecting governance and human rights; and a release of the country's economic potential. All will depend on how the nation deals with the crippling problem of crime. This involves a comprehensive review of the justice system, with not just the fixing of the nuts and bolts, but also the inclusion of the people as the driving force for progress. The country should not continue the practice of leaving the solution to the police, which too often results in the further problem of police excesses. It is the people who commit crime, and it is the people who must solve the problem. Government and the agencies of state are there to facilitate the progress.

During the past administration, the institute petitioned for a probe into operations at the offices of the Director of Public Prosecutions (DPP) and the Attorney-General's Department. The then government permitted an investigation at the DPP but said it had no knowledge of problems at the Attorney-General's. The report of this investigation, done at the request of the Public Service Commission, is still kept secret; the problem is swept under the carpet and the people remain in the dark. This is but one example of a restricted approach to national security and justice.

Subsequent revelations relating to the office of the Solicitor General have proven the validity of the institute's earlier concerns; and more recent reports indicate that the situation has worsened. The Farquharson Institute again calls on the Government to examine closely the conduct of its legal departments and commit to an inclusive approach in the process.

Effective crime fighting

There can be no dispute that effective crime fighting must be intelligence driven. This means the gathering of data involves not only the police, but most important, the people who will give information. There is reason to believe that existing data identify the principal wrongdoers in the society but what is missing is the evidence to complete the process. Evidence can come only from people who are willing to provide it; and willingness will come when

People can trust and have confidence in the constabulary - this is a matter for urgent action by the new commissioner.

There is adequate protection of witnesses - this is a matter for the Ministry of National Security;

Jobs are available a to being beneficiaries of crime - this is a matter for the Government;

There is mprovement to the system for the administration of justice to avoid the frustrating consequences of delay.

This situation of 'justice delayed' is at an all-time low and must be corrected. The slow pace of justice through the courts must also be addressed if we are to avoid the growing incidence of people taking matters into their own hands. The correctional system must also develop in accordance with its name, rather than remain as hostels for punishment and the hardening of criminals.

The Farquharson Institute calls on the Government to commence implementation of the constitutional amendments promised by the present administration when it was in Opposition. These include (a) freeing up the people's representatives in Parliament from the stranglehold of the Executive, and (b) a charter of rights that prohibits Parliament from removing the guarantees of fundamental rights and freedoms by a simple majority vote.

Finally, the Farquharson Institute implores the Government to take the people into its confidence and recognise that it does not and cannot have all the answers; that it must invite and engage the positive power of the people by way of constant communication and correlation; and by establishing machinery and procedures for civil society to be an active partner in rebuilding Jamaica's natural and human resources.

Frank Phipps, Q.C., chairman; Ken Jones C.D., general secretary.