Police Reforms
in Jamaica and Antigua & Barbuda
Louise Edwards
Programme Officer, Police Reforms, Access to Justice Programme,
CHRI
In late 2007,
the governments of two Commonwealth Caribbean nations, Antigua
& Barbuda and Jamaica, announced their intention to engage in
varying degrees of police reform. The backdrop to police reform
in the region, and particularly Jamaica, is high levels of violent
crime fuelled by the drug trade. The Caribbean is a key trafficking
route which links South America to the United States and Europe
and drug trafficking, crimes of violence (including sexual violence
and gun violence), kidnapping, robbery and transnational organised
crime are all prevalent forms of crime in the region.
In both Antigua
& Barbuda and Jamaica, the governments are promising police
reform in a campaign to crack down on the increasing levels of
violent crime. In Antigua & Barbuda, proposed reform measures
include new dispatch rules (aimed at improving police efficiency),
new evidence collection systems and increasing sentences for crimes
involving firearms or other dangerous weapons. While it is important
to improve the environment in which police forces operate, the
reform process must also include legislative and operational frameworks
to ensure that police discharge their duties in a manner consistent
with human rights, and provide for mechanisms which make police
accountable for failing to do so. The introduction of effective
accountability mechanisms is particularly important in Jamaica,
where police abuses and extra-judicial killings are the most reported
human rights abuses by Jamaicans to the Jamaica Council for Human
Rights.
In the Jamaican
context, the Attorney General and Minister for Justice, Dorothy
Lightbourne has announced that her cabinet will issue drafting
instructions for the establishment of an Independent Investigative
Body (IIB) for the Jamaica Constabulary Force (JCF). Currently,
police oversight in Jamaica is the domain of numerous bodies,
including the Police and Public Complaints Authority, the Office
of the Public Defender, the Police Civilian Oversight Authority,
the Police Services Commission and the Professional Standards
Branch (incorporating the Office of the Professional Responsibility
and the Bureau of Special Investigations).
These existing
mechanisms have been beset by problems, including a lack of enforcement
powers, low staffing levels, insufficient resources and concerns
about commitment to tasks and standards of work. The IIB must
take into account the factors that have rendered the plethora
of existing accountability and oversight mechanisms ineffective.
In addition, the new body must be designed to work with and compliment
the accountability mechanisms that will remain in place following
the establishment of the IIB.
In Antigua &
Barbuda, the Attorney General and Minister for Legal Affairs announced
that the government proposes to embark on a more general reform
of the Royal Police Force of Antigua & Barbuda. As part of
this process, the retired Assistant Commissioner of the Royal
Canadian Mounted Police, Mr. Alphonse Breau was commissioned to
investigate and report on the effectiveness of the police. However,
Mr. Breau’s report has not been released publicly in order
that the reform process is transparent, participatory and enables
key stakeholders (including civil society) to engage and consult.
There is currently
no standing internal investigation body in Antigua & Barbuda,
despite concerns about the extent to which political influence
on police has resulted in corruption at the political directorate
and police rank levels. In the event that Mr. Breau’s report
does not recommend the establishment of an independent police
oversight body, the Government of Antigua & Barbuda should
nevertheless introduce such a mechanism.
Any proposed independent
police accountability mechanism in Antigua & Barbuda, and
the proposed Jamaica IIB, must accord with international standards
of good practice. These standards include: