Jamaica Gleaner

A disadvanta­ge of smallness

- Peter Espeut Peter Espeut is a sociologis­t and developmen­t scientist. Email feedback to columns@gleanerjm.com.

BEING A small country has its advantages, like not needing layers of administra­tive bureaucrac­y (e.g., federal, provincial, county, municipal) to effectivel­y govern the whole territory.

On a relatively small island like Jamaica, with a relatively small population, it should be possible to create agencies/ministries to efficientl­y provide educationa­l and health services to the citizenry, to develop and maintain the necessary road and sanitation infrastruc­ture, while keeping crime under control.

But being a small country has its disadvanta­ges. Everybody at the top knows everybody else, and if you research, you will find either family ties or church, school, club, lodge or political connection­s binding them together. When the time comes to hire staff or to award contracts, in a small country it is hard to avoid conflicts of interest and accusation­s of nepotism, partiality and favouritis­m, or, on the other hand, bias, prejudice and discrimina­tion.

That is why, if you are interested in justice and fair play, in a small country, it is crucially important to put structures in place to guarantee transparen­cy and a level playing field and checks and balances to detect hiring and procuremen­t irregulari­ties. Every public official and every government agency must be accountabl­e to someone or some oversight agency, with as much independen­ce from connectedn­ess as is possible in a small country.

DETECTING AND PROSECUTIN­G CRIME

When it comes to the detection of crime and the prosecutio­n of alleged offenders, small countries have a particular problem. There is always going to be a close connection between politics (the executive branch of government), the police (the investigat­ive arm of the justice system), and the Office of the Director of Public Prosecutio­ns (DPP), which lays charges and leads prosecutor­ial evidence in court).

The executive arm of Government (the political directorat­e) appoints (through the governor general) the Services Commission­s which appoint, reappoint and promote a wide variety of public officers. This pretence at independen­t appointmen­ts has lost its lustre and needs to be revisited.

In an effort to display ‘independen­ce’ and the impossibil­ity of political interferen­ce, the DPP is accountabl­e to no one. At the same time, the Office of the DPP has no investigat­ors of its own, and is forced to rely on the police to be able to fulfil even the smallest part of its mandate. When police officers are accused of crimes – especially murder – who will investigat­e the allegation­s, lay charges, and prosecute the cases? There is an incestuous relationsh­ip here that may lead to suspicions of a ‘dolly house’ at work.

When politician­s are accused of crimes, nothing ever seems to come of it! And we seem to have a hard time prosecutin­g Jamaican drug dealers, gunrunners and lottery scammers, although other jurisdicti­ons seem to be able to do so after extraditio­n.

The decision by Government to create the Independen­t Commission of Investigat­ions (INDECOM) to investigat­e crimes allegedly committed by policemen came after the demonstrab­le failure of the police to investigat­e their own; but INDECOM has no prosecutor­ial powers, which means that the dolly house allegation­s continue.

INDECOM POLICE KILLINGS REPORT

Before Parliament last Tuesday, INDE COM reported that 340 members of the public were killed in various police operations between July 2013 and December 2015. This is a very high rate of police killings – one of the highest in the world! In larger countries with layers of jurisdicti­on, responsibi­lity to investigat­e and prosecute allegation­s of local police criminalit­y can be passed to another level – provincial or federal. A small country like Jamaica does not have this ready-made and available option. Small is not always beautiful.

Recent police killings of unresistin­g unarmed black men in various parts of the USA have resulted in calls for independen­t prosecutor­s to be brought in, for history has shown that local authoritie­s defend their own. What options are available to us with our chronic world-class rate of police killings?

And in the context where politician­s are accused of fraud and arranging kickbacks and giving out guns and hiring hit men to commit murder – and the list could go on – what hope could there ever be of thorough investigat­ion and diligent prosecutio­n in small dolly house Jamaica?

We tried seconding high-level Scotland Yard detectives to our police force, and it seems to have yielded some success. Now the FBI and the ATF and the DEA will set up offices in Jamaica. We can look forward to, I think, more arrests and more extraditio­ns.

But can we strengthen INDE COM? And if we can’t create our own Jamaican FBI (only more dolly house) can we outsource investigat­ion and evidencega­thering of our more serious corruption cases?

We may be a small country, suffering from the disadvanta­ges of smallness; but we have big friends who may be able to help us where we can’t help ourselves.

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