Licensed to Kill

Licensed to Kill

Ambassador Curtis A. Ward

(25 August 2024) — There are two contending forces in the context of crime and security in Jamaica, though not unique to any country. On one side, there are purveyors of violent crimes who prey on society to enrich themselves, violently engage in revenge against opponents, and terrorize to control segments of the population. On the other is the state and the agents of the state whose responsibilities are to protect and guarantee society’s safety and security – guaranteeing freedom from harm and protecting lives. Criminals abide by no rules or are constrained by moral conscience. The state and agents of the state take an oath to abide by society’s set rules and to operate within the constraints of the rule of law.

In the distant past, agents of semi-civilized societies issued posters of criminal offenders – “Wanted Dead or Alive”. Most were brought in dead. We are a long way from a period where summary “justice” was the norm. Yet there are still a few societies which engage in inhumane punishment of offenders. Acts such as chopping off the arms of thieves are rejected by modern civilized societies.

The people of Jamaica, at home and in the diaspora, are frustrated by the intractable level of violent crimes in the society. There is a constant search for solutions. Several proven crime fighting recommendations made have not been implemented. Those that have been attempted have not received the full commitment of the government. They are often grossly under-resourced, mismanaged, and short-lived. And thus, frustration rises in society and in the ranks and leadership of law enforcement and security forces. There is a failure of leadership, of leaders who know how to get positive outcomes. Failure of leadership builds frustration among the people. Failure holds the country back.

The US 2023 Human Rights (HR) Report, for Jamaica, found “Significant human rights issues included credible reports of arbitrary or unlawful killings, including extrajudicial killing”. I have not kept track of the extrajudicial killings in Jamaica this year, but reports suggest a similar finding for the 2024 HR Report is likely. Some may ask, “Who cares about the U.S. HR Report?”

Take Report seriously

The annual HR Report should be taken seriously. It has implications for the application of the Foreign Assistance Act of 1961 and the Trade Act of 1974. Both impact U.S.-Jamaica relations.

We all should care, unless we no longer need U.S. assistance. In which case we should ask the U.S. Government to shutter the USAID office in Kingston and end USAID programs in Jamaica. Consider this: since independence, in 1962, the United States has provided US$1.4 billion in assistance to Jamaica.

We all should care, unless our exporters and job creators wish to compete, at a disadvantage, with other suppliers to the U.S. market at higher tariff rates rather than the concessionary and duty-free rates under which they currently export to the U.S. market. Consider this: Jamaican companies can export 5,800 products duty free to the U.S. under the Caribbean Basin Initiative (CBI). In 2021, Jamaica’s export to the U.S. valued US$730 million. That’s 50.7% of Jamaica’s total exports; more than 11 times Jamaica’s exports to the UK.

The human rights NGO, Jamaica for Justice (JFJ), warned against extrajudicial killings which are gross violations of human rights. This warning came following law enforcement responses in the wake of a heinous mass shooting by criminal elements which resulted in the deaths of eight people, including women and young children, and injuring eight more. This pattern of criminality seems to be getting progressively worse, as each violent incident seems to be more heinous than the preceding one. The JFJ condemned the killings but was concerned about the words spoken by the prime minister in response to the killings.

Rather than being critical of the JFJ the media and members of the public should thank the human rights organization for ensuring that Jamaica is complying with the provisions of the International Declaration on Human Rights, an instrument on which Jamaica’s fingerprints are engraved. The JFJ warned against Jamaica’s descent into a society where the rule of law is no longer the norm. And lest we forget, the late Jamaican leader Hugh Shearer was a catalyst for international support for the Declaration and for human rights enforcement globally. The JFJ was reminding us of our commitment to international human rights norms.

Risks to law enforcement officers

I recognize and appreciate the risks, and the sacrifices law enforcement and security officers make to protect the people and the country every day they put the uniform on. They deserve our full support and gratitude. I expect them to use whatever force necessary to protect lives, including their own. But they are not imbued with the right to be judge, jury, and executioner in a society based on the rule of law. That aspect of the people’s protection is the remit, indeed the responsibility of the prosecutor and the judiciary. Law enforcement officers are not licensed to kill.

The tragedy of heinous crimes and wanton killings have become a Jamaican brand. Many are concerned about the inability of law enforcement and security forces to contain it. It makes me worry, and we all should worry that their frustration could, or would lead otherwise good people in the forces to break the law and resort to extrajudicial killings as a viable solution. I am even more concerned, and we should all be, when the prime minister, as some would suggest in a state of uncontrolled emotions, warned criminals must either “meet a judge or meet their maker.”

There is one, and only one way to interpret the prime minister’s intemperance, intended or not, that is, sanctioning extrajudicial killings by law enforcement and security forces as an option. That is unacceptable. I would offer him the benefit of the doubt that his words in plain English meant something else. But our political leaders, though humans, are held to higher standards than the man in the street. We should expect no less. Our leaders are expected to provide responsible and trusted leadership when the country faces difficult circumstances and not succumb to emotional impulses, thus resorting to street talk. If they lack or have lost the ability to lead, in a position where calm demeanor and rationality are critical, leaders should step aside and allow others of greater fortitude and capacity to lead and take charge of protecting the people.

Criminality in Jamaica is out of control. Of that there is no doubt. The cruelty of the criminals has exceeded all forms of civility. But if civil society and government respond in kind then we are no better than the criminals. I carry no brief for criminals and the result of their craft. They must be dealt with. How we respond to the criminals will define us to the rest of the world, whether we are a civilized nation and a nation of laws. We must respond without descending to the level of the criminals while neutralizing them and removing them from the streets.

© Curtis A. Ward

[An earlier edition of  this article was published in the In Focus section of Jamaica’s Sunday Gleaner on July 25, 2024.]

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