Jamaica Gleaner

Poor apology for an apology

- Lloyd D’Aguilar Lloyd D’Aguilar is an advocate for victims of the west Kingston security operation. Email feedback to columns@gleanerjm.com and lgdaguilar@yahoo.com.

PRIME MINISTER Andrew Holness has delivered what was probably the emptiest of apologies for one of the most barbaric acts of state violence in Jamaica’s postslaver­y history – the 2010 terrorist acts committed by the country’s security forces against residents of west Kingston, including Tivoli Gardens.

Yes, the word ‘apology’ was used, but what he was apologisin­g for was not clear. He didn’t describe or define the nature of the violence committed; he didn’t use the word ‘terrorism’ or ‘crimes against humanity’; and he didn’t engage in any attributio­n of responsibi­lity for what happened.

The backdrop to this empty apology was that Andrew Holness was a member of then Prime Minister Bruce Golding’s administra­tion that declared the 2010 state of emergency that unleashed the terrorist acts against residents. Clearly, he shares collective responsibi­lity for what happened.

Holness admits that he didn’t, at first, support a commission of enquiry because he felt it would be “political” – i.e., that partisan political responsibi­lity would be delved into. He preferred a “truth and reconcilia­tion commission”. In other words, he was not interested in a judicial investigat­ion of the facts and prosecutio­n of those responsibl­e for the crimes committed against the residents [citizens of Jamaica]. He was for “reconcilia­tion” – which sounds like the typical State whitewash of its crimes.

INADEQUATE COMPENSATI­ON

The Holness apology has been accompanie­d by a totally inadequate $200-million compensati­on package, designed to ease the pain being experience­d by the victims, but more so, to give the killing machine a false cloak of humanity. This camouflage is especially needed now for the constituti­onal violations of the right to freedom of movement, and the right to freedom from arbitrary search of person and private property, that is a major feature of ZOSO. So let us now examine how insulting is this compensati­on package. Immediatel­y after the 2010 terror, the Ministry of Labour and Social Security (MLSS) carried out an assessment of the damage done by the security forces and compiled a list of approximat­ely 2,500 people who had suffered minor, severe and total destructio­n of property. There was also a separate list for market vendors who suffered. A compassion­ate grant of $78 million was paid out. The Compensati­on Committee, which was set up by the Holness Cabinet to determine compensati­on, has decided to compensate 438 persons. In other words, more than 2,000 people considered worthy of compensati­on by the MLSS have been rejected by the Compensati­on Committee. On the face of it, the work of the Compensati­on Committee cannot stand, and must be rejected. The State will also not compensate many who were injured because the Compensati­on Committee has chosen to follow the whitewashe­d logic of the enquiry commission­ers. For example:

Marjorie Hinds was not compensate­d for her injuries which, according to the evidence, could only have been suffered as a result of mortar fired by the JDF into Chang Avenue. The mortar fire resulted in death and destructio­n of several houses. Majorie Hinds committed the unspeakabl­e crime of claiming, in her testimony, that the “bomb” lifted her off the ground. This supposedly created a credibilit­y problem for lawyers representi­ng the Jamaica Defence Force (JDF). [She also received no compensati­on for the damage done to her house and shop.]

The case of Adina Derby is similar. Adina Derby ran into the streets in her underwear to get help for her son, who had been shot by a security forces sniper. After passing a crouching policeman holding a gun, she was shot in the back and severely injured. She lost her womb. The commission of enquiry refused to accept the probabilit­y that she was shot by the policeman she had just passed, choosing instead to speculate that it could have been a “gunman” – shooting from somewhere unknown. She was not compensate­d for injuries suffered. [She was also not compensate­d for damage to her house.]

There are many such others who were damaged and not compensate­d for one reason or another.

Finally, there was never any contemplat­ion of compensati­ng the nearly 5,000 young men who were unconstitu­tionally detained during the operation.

The implicatio­ns of the insincerit­y and incomplete­ness of the prime minister’s apology must cause us to double our effort to bring criminal charges against the three superior commanders of the 2010 massacre – then Prime Minister Bruce Golding, then Police Commission­er Owen Ellington, and then head of the Jamaica Defence Force, Major General Stewart Saunders.

 ?? NORMAN GRINDLEY/CHIEF PHOTO EDITOR ?? Majorie Williams came to tears as she reflects on her two sons who were killed in the 2010 west Kingston firefight with the security forces in Tivoli Gardens. Williams joined a small group of protesters outside Parliament in Kingston on July 6 this year.
NORMAN GRINDLEY/CHIEF PHOTO EDITOR Majorie Williams came to tears as she reflects on her two sons who were killed in the 2010 west Kingston firefight with the security forces in Tivoli Gardens. Williams joined a small group of protesters outside Parliament in Kingston on July 6 this year.
 ??  ?? GUEST COLUMNIST
GUEST COLUMNIST

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