Stated Emergency or Emergence of State

A declaration of a state of emergency automatically leads to a decline in crime. Tell me if there is anyone who is so dumb as to believe this. Does the trip to the doctor by itself make one better? Of course, my colleague and bredren from the University of the West Indies (UWI), Prof. Ian Boxill conducted a poll on behalf of my other employer, RJR communication group. Overwhelmingly, Jamaicans, when asked in May, were in favour of its imposition. Duh! Boxill’s and the internet RJR straw poll indicate strong support as well, with more than 70 percent of respondents saying, extend it. It would have been interesting to see if anyone was concerned about the public’s opinion regarding the delay by the government in extraditing Christopher ‘Dudus’ Coke.

Playing Politics

Another esteemed academic, Professor Don Robotham, the first person to be blamed for my being a sociologist, excoriates the opposition Peoples’ National Party (PNP) over its cowardice in that “They did not even have the guts to come out and vote against a state of emergency to which they were clearly opposed. Instead they 'abstained.’ ” Doubtless, I agree with him on that point because it seemed to be decisive indecisiveness. When the ruling Jamaica Labour Party (JLP) brought the request to extend it to Parliament, not being convinced that the circumstances merited it, the people who took money from Trafigura and still have not given full disclosure, should have voted ‘no.’ He cites ulterior and even sinister motives and I have little to fault him there. After all, politicians do politics and both parties have benefited from the repugnance of having garrisons and lumpenproletarians under their direction. That is what we know as “dutty politics.”

Correlation but not Causation

However, Robotham is a social scientist and he attributes much to the state of emergency. “[A] whopping 49 per cent reduction, as a result of the state of emergency… 78 fewer persons were shot in June 2010, as compared to the 170 in May 2010, a reduction of 46 per cent… reported rapes decreased by eight, from 48 in May 2010 to 39 in June 2010, a decrease of 23 per cent.” In our discipline we call that a correlation, which does not necessarily mean causation. Sorry Don, it is not that simple, tell me what happened during the state of emergency that led to the decline in crime.

Deterrents to Crime

The most effective deterrent against crime is the likelihood that one will be caught. When I first wrote on the topic of the death penalty during my sojourn with the Gleaner this point was well made. Less than ¼ of all homicides result in an arrest, and the rate of conviction is somewhere in the same range. Simply put therefore, typically one literally “gets away with murder,” in this country.

The next question thus, is “how come they don’t get apprehended?” That has to be a combination of policing and community cooperation. An editorial on the RJR news website dated June 22, 2010, hit the nail on the head. I don’t speak for my broadcast company and I carry no brief for the news room. Nonetheless, the commentary is spot on. “should the security forces be given the air, sea, protective gear, vehicles, computer systems, intelligence gathering surveillance equipment, training and operational facilities that they need?” Ask Rear Admiral Hardley Lewin, former head of both the army and the police and he will tell you how he unsuccessfully pleaded for the tools to do his job.

Powers of the Security Forces

Since 1994, the Jamaica Constabulary Force Act has allowed the police to do a large numbers of things, such as launching curfews. This they could do without telling the public. They could hold persons of interest, process them, search without warrants and restrict movement, just like a state of emergency. However, curfews require the permission of the Minister of National Security when there is no state of emergency. Thus, information can be allegedly passed from him, indirectly or directly, to any politically affiliated don….hmm! Maybe we should have one. Furthermore, the army, without the police or minister’s interference, can drop searches or curfews around the mayor’s, JLP General Secretary’s or Leader of Opposition’s houses. Actually, I like that. I bet that they the soldiers don’t even have to hand over spent shells to the police. Whoever might or not be in his cabinet, the soldiers can “drop it pon dem without warning!”

The Incursion into Tivoli

On May 24, interestingly named Labour Day, the military and police did what many thought was impossible. They went into Tivoli Gardens, crushed whatever opposition there was, and without a protective Member of Parliament to stop the innocent victims from being slaughtered, as was warned by Attorney Tom Tavares Finson, routed the thugs.

Emboldened by either a delusion about their own hype or strength, criminal elements had the misguided view that they could “hold off the army.” Barricades were erected; booby traps, armaments and personnel were stocked up. I could not help but remember the song Scallawa Squami by Baby Wayne, who dared, “How you fi dis Scallawa Squami, man who a fight so much time wid di army.” Of course Baby Wayne was a crackhead, totally divorced from reality.

Garrison Mumma

Nevertheless, it is tempting to believe that something must have made them feel that Tivoli was either impregnable or that the order would never be given to export the President or even to enter in pursuit of his cronies. After all, their would-be nemesis, Lewin, the declarer that Tivoli was, “Garrison Mumma,” had been unceremoniously removed. Furthermore, for the better part of a year, the JLP/Government had pulled out all the stops, including those holding up its credibility and the truth, to prevent the exportation of Coke.

Significance of the Incursion

Let’s be honest, it was the incursion into Tivoli and the clear message to those who attack law and order, that made the difference. Increased security personnel on the streets and more protective gear for them, allowed more soldiers and police to be on patrol. Without Tivoli there is no place where criminals can feel that there is any refuge. Ask Presi Coke himself what is the solution to the homicides. He Al-legedly told the Holy Transporter that reducing the supply of bullets is the key. Well, we don’t produce bullets or guns and most of them are imported, ironically from the USA, the country of the Commissioner of Customs, via the wharves…..Located where?

State of Emergency 1976

Still, as we talk of the state of emergency we seem to forget that the 1976 travesty of the PNP did not lead to a reduction in violent crime. On the contrary, it saw an increase in murders from just over 200 for 1975/76 to 388 for 1976/77 and serious trampling on human rights. By the way, now Prime Minister Bruce Golding did remind us of this seven years ago and said, “so often the police detain scores of people who are first locked up then "processed" and later released. Why? Because the police have no evidence on which to charge them. Under the Thomas-Robotham plan, the police would simply detain and lock up. No need for any "processing"! No need for any evidence! No need for any trial! The gates are flung wide open for corrupt policemen to "deal with" individuals with whom they have a dispute and for a corrupt government to "deal with" its political opponents with whom it always has a dispute.” He continued, “The atrocities that were perpetrated by the government in the state of emergency of 1976 must never be allowed to happen again! They will never be allowed to happen again.” Tell me, what apart from the administration, has changed to give us this assurance?

What is an Emergency?

An emergency is an abnormal event, not a process. It is something that has a short duration. It is that period when our adrenaline kicks in because we have a big dog chasing us or a duppy is trying to drag us into the dark. When we are in that state our hearts race, blood sugar and pressure rise. However, if sustained, it kills us.

Legal Basis for State of Emergency

A state of emergency is not to be declared frivolously. Under Section 26 (5) of the Constitution, whatever might be public sentiment, it can only be lawfully declared if “…a public emergency has arisen as a result of the imminence of a state of war between Jamaica and a foreign state or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, … infectious disease or other calamity ...”
Also if “… action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.”
The latter occurred on Sunday May 23, 2010 and ostensibly ended with the capture of Dudus on June 22, 2010. Search the law above and tell me if a state of emergency could be now be legally maintained.

Support the Police

True, the police and military would like more power to do their work. However, this is not a military or police state, held under their boots and parliament cannot simply be a “lubricated conduit.” In any event how many times have the police got what they wished for?

Let’s use the laws at our disposal and give the police full support.