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Noteworthy proposals on justice reform
Published in the Jamaica Gleaner: Sunday | August 26, 2007
Judging by the sheer number of placard-bearing women and men who have made their way on to the evening news demanding 'JUSTICE!', reminding authorities of their essential rights, and feeling they have been disenfranchised from these, the topic would have been an impossible one to omit from any serious manifesto. Both parties try to convince us that they are indeed serious about citizens' indi-vidual rights. Complete with quotes from Martin Luther King Jr., the manifestos make earnest, if not accurate, pronouncements about justice being a fundamental pillar of any thriving democracy.
It should be noted from the outset that both parties have, by and large, lifted their recommendations from a common source: a document published earlier this year by the Jamaica Justice System Reform Task Force (JJSR). So, while not wholly original, these recommendations are certainly not dated and if implemented, it could mean some noteworthy improvements in how justice is dispensed in Jamaica. Also, the similar source does not by itself mean the two parties agree on everything.
Speedier Justice
For those who have actually sat through a local court case and listened to the slow testimonies as witnesses are allowed to speak no faster than the speed of the judge's, the lawyers' and the court transcribers' pens, the JLP recommends a wholesale system of modernisation to speed things up. They want to see the introduction of computer-based audio and text-recording technology that would allow for real-time testimonies, and they would like to provide online access to transcripts and judgements.
In the bid for greater efficiency, the JLP manifesto further acknowledges, more than the ruling party's manifesto, the critical issue of case backlogs and the need to do something about this. They recommend a shift system - the possibility of night or evening court sessions; an increase in court staff, specifically, more resident magistrates and prosecutors; an increase in power to justices of the peace who could then arbitrate on disputes that do not involve criminal offences.
In its manifesto, the JLP tends to tie the issue of justice to one of good governance and account-ability. Indeed, if the matter of justice ensures, among other things, that each Jamaican is dealt an equal hand, the JLP is committed to politicians not benefiting from their high public office. They take a stance on corruption and propose a number of structures and mechanisms to deal with the matter.
One initiative is to amend Section 40 of the Constitution which deals with the Code of Political Conduct, with criminal penalties for those found in breach of the code. They have also proposed to establish specialist investigative units, along with a special prosecutor, to combat corruption. There is also a commitment to greater scrutiny in the awarding of government contracts.
Still, some questions and points of further clarification will be raised after reading the JLP's proposals: 1) Given the extensive nature of the modernising they propose, will it, therefore, follow a structured sequencing? 2) A broader question on prioritising: What indeed is their priority - dealing with the case backlog, or instituting legal reforms? 3) As has become our own usual sankey, what will all of this cost us?
Hidden in a Shroud of vagueness
It is unfortunate that the PNP's manifesto did not, at least on the surface, seem to take on-board more of the JJSR's plans for easing the case backlog as their recommendations on that matter are comprehensive. At CaPRI, we put stock in the adage, 'Justice delayed is justice denied', especially when that delay can be as much as a decade long. The PNP mentions the problem of backlog, but that is almost all it does.
Still, whereas the JLP does not cost any of its proposals or tell us where the money might come from, the PNP says it will have a dedicated pool of funds to "provide adequately" for the justice system. Admittedly, this is a vague proposal, and indeed, many of the PNP's propoals are hidden in a similar shroud.
For instance, they want to reorganise the office of the Director of Public Prosecutions; they intend to "maintain and expand the consultation process" of judicial reforms; they propose to enhance our law-reform capacity; they want to establish a judicial code of conduct. But what we want to know with more specificity is what these proposals might amount to and by extension, what they imagine the justice system would look like when and if they are implemented.
We are also a little concerned by the proposal for the establishment of a court services unit within the Ministry of Justice, which would have the responsibility of modernising the courts. We believe the judiciary needs to manage its own budget and not be dependent on the executive arm of government.
Where the PNP does show more initiative than the JLP is in stressing more collaboration with both local and international multiagencies.
Lip service
The manifestos seem to pay the usual lip service to groups that they have become popular to champion. The JLP has proposed to increase the numbers of shelter for victims of domestic violence, while enforcing strict measures to eliminate the said offence.
The PNP pledged to ratify the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. They also promise to quickly start a campaign to eliminate negative gender stereotypes and pass bills on offences against the person, sexual harassment and incest.
Not surprisingly, neither manifesto speaks specifically to less popular minorities that have traditionally held the short end of the justice stick in Jamaica. There is no specific policy on treating the homeless or the mentally ill or the suggestion of stronger sanctions for people who abuse them; there is no word about greater religious tolerance in a particularly Christian society where non-Christian religions and practices are literally 'demonised'; and there is certainly no word of hope for people of different sexual orientations who might be chased and beaten in plazas.
With such glaring, and some might say deliberate omissions, advocates who have a stake in Jamaica being a just and equal society for its citizens might argue that the parties are more interested in human rights for most (not all) and committed only to the appearance of justice, rather than the fact of it.
POINTS OF AGREEMENT
# Law reform.
# Training for judiciary and court officers.
# Reform case-management system.
# Modernise justice system and court operations.
# Increase number of courts.
# Community security/policing initiatives/inner-city renewal projects.
# Expansion of victim-support unit.
POINTS OF DISAGREEMENT
PNP
PNP
# Ensure improved protection of women and children via act of Parliament.
# Establish a judicial code of conduct.
# Introduce mandatory continuing legal education and ethical training of attorneys-at-law.
# Access to legal-information service to advise citizens on realisable redress.
JLP
# Establish community justice tribunals to resolve disputes among citizens.
# Establish a political code of conduct with regard to human rights-related issues in garrisons particularly.
# Amend the Constitution to recognise resident magistrates as part of the judiciary and provide them with security of tenure.
# Construction of new, modern prison facility to ease severe overcrowding.
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