Tone-deaf, ill-timed amendment to Political Ombudsman Act

THE ADVOCATES Network (AN) condemns the passing of the Political Ombudsman (Interim) (Amendment) Act, 2024 in the face of widespread concerns about the urgent need for an independent political ombudsman (PO) to investigate political behaviour and rhetoric. These concerns have been heightened since the announcement of local government elections for February 26.

The AN fears that the ugliest forms of political tribalism are likely to manifest themselves during this election period without a dedicated, institutional focus on regulating the political environment and mediating political disputes. The viral video and other incidents of alleged political violence and intimidation in Trinityville, St Thomas, currently being investigated by the police, both worsens and justifies this fear.

Further, the current law, the Political Ombudsman (Interim) Act, 2002 explicitly states that it should “Continue in force until provision is made in the Constitution for the establishment of a Political Ombudsman”. The amendment not only ignores this legal provision, but also the ongoing constitutional discussions being undertaken by the Constitutional Reform Committee, as well as by the people of Jamaica. The AN maintains that as part of the ‘comprehensive’ constitutional reform process, the people ought to have an opportunity to deliberate on this matter and determine whether provisions for a ombudsman should be included in a new Jamaican Constitution.

This tone-deaf, ill-timed decision to make this amendment in the midst of political campaigning is truly troubling. In addition to carrying out its mandate to supervise elections, the Electoral Commission of Jamaica must now undertake a new role as PO in the heights of political campaigning. This unplanned, dual responsibility now raises new concerns about the capacity of the ECJ to carry out its original mandate to “safeguard the democratic foundations of Jamaica”by enabling “free and fair elections”, and runs the risk of reputational damage.

The Jamaican people should have a say on these important decisions that directly affects our lives. After 61 years, it’s time to put an end to topdown, executive law-making.