Today is: Thursday September 9, 2010 | 5:32 am    
 


Achievements


When Jamaicans for Justice (JFJ) started in 1999, it never dreamed that from small beginnings would come great things, that with each step taken, the group would grow stronger and more impactful.  Amidst varied criticisms, the organization has stayed true and committed to its principles and mandate. It has seen injustice throughout its journey and has worked in areas where the imbalance of power is most marked and the protection of rights most vulnerable.

The list and scope of achievements by this relatively young and small organization is admirable and can only be viewed as significant. There were some relatively early successes, which no doubt had a positive effect on the group’s image, giving it some credibility.  The award of costs and damages to 13 illegally detained young men from the Grants Pen area, in one of the organization’s earliest cases, was remarkable and encouraging.  With the aid of attorneys-at-law, Dennis Daley and Clyde Williams, JFJ was able to successfully obtain an admission, in July 2002, from the government, that the men’s human rights had been infringed.

Another early success was the granting of a Commission of Enquiry into the Montego Bay Street People Scandal in 2000 after lobbying efforts intensified when the government had initially refused.  Through unity of action, JFJ worked tirelessly with other interest groups, mounted a public campaign of demonstrations and activism which incited public outrage and eventually got the government to yield.

Some months later, the organization was involved in yet another Commission of Enquiry – into the disturbances at the St. Catherine District prison - where it challenged, by way of Judicial Review, a ruling made by the Commissioner and won.  Yet another victory for JFJ and the public!

Public education, public debate and public consultation was the mantra of the organization when it decided to join forces with the Independent Jamaican Council for Human Rights (IJCHR), the Jamaica Bar Association (JBA) and the Opposition, Jamaica Labour Party (JLP), to legally challenge the constitutionality of the government’s plans to establish the Caribbean Court of Justice (CCJ) as Jamaica’s final court of appeal without consensus or referendum. The group scored a major victory, on February 5, 2005 when the Privy Council handed down its judgment, upholding the group’s petition.

 

The organization has also made an impact at the legislative level with the adoption of recommendations it has put forward through numerous submissions (sometimes jointly), to select committees of Parliament. Some of the pieces of legislation that JFJ has impacted include:

-       The Corruption Prevention Act, 2000

-       The Access to Information Act, 2002

-       The Amendments to the Defence Force Act

-       Child Care and Protection Act, 2004

-       Terrorism Prevention Act, 2005

-       Whistle blower Legislation, 2008

-       Coroners (Amendment) Act, 2008

-       Independent Commission of Investigation (ICI) Bill, 2008

The group’s relentless efforts of finding an independent pathologist to observe the autopsy of Michael Gayle paved the way for the recognition of citizens’ right to have medical representation at the post mortems of their loved ones which was later adopted in interim regulations of the Ministry of National Security and Justice entitled ‘Administrative Policy re Attendance At Post Mortem Examinations’.

A Coroner’s Jury issued a verdict of Manslaughter in the Michael Gayle case, declaring that all the members of the security forces involved in his death should be charged.  The case became the first matter taken to the Inter-American Commission on Human Rights (IACHR) by the organization where it was recommended that the Government of Jamaica provide certain remedies to Miss Jenny Cameron, Michael Gayle’s mother, as it had indeed breached among other things, her son’s right to life.

JFJ’s advocacy efforts against police abuse resulted in Precautionary Measures being issued against the Government of Jamaica, by the IACHR due to its failure to protect citizens from abuse of their rights by a particular policeman.  The group’s lobbying also resulted in Precautionary Measures being issued with regards to the issue of abuse of a child in the care of the state.

Filing suit in the Supreme Court in 2005 on behalf of Dionne Holness regarding, among things, the use of professional jurors was a major victory as it brought attention to the troubles of juror empanelling and it helped to minimize their usage in the Kingston and Saint Andrew Coroner’s Court.  While the judgment was overturned in the Court of Appeal, that court reiterated “as of March 11, 2005, sections 13 and 18 of the Jury Act must be strictly applied to the summoning of jurors for Inquests.”

Intervention from this proactive citizen’s rights organization has helped to progress cases through the court system at a faster pace than it would have normally gone.  When Leonie Marshall, mother of Patrick Genius approached JFJ in July 2000, six months after his death, the case was at a virtual standstill.  A Coroner’s Inquest was held supported by attorneys from JFJ and the jury was able to rule that the policeman who shot Genius was criminally responsible for his death. This ruling was another early success for the group.

The organization’s drive to empower the populace through education in human and constitutional rights has been far-reaching. JFJ has conducted human rights presentations to over 7500 students in schools and conducted legal advice workshops with over 500 ‘inner-city’ community residents.

JFJ’s Social and Economic Justice (SEJ) programme has yielded positive outcomes in socially depressed communities with the establishment of a Jamaica Foundation for Lifelong Learning (JFLL) centre in Springfield St. Thomas and the closure of the parish dump which was causing long standing pollution problems affecting citizens of the Springfield community.  The programme has empowered community residents to work together to advocate for their rights and lobby the relevant government agencies to solve their specific needs. JFJ’s efforts at the community level has influenced a decision, by the Social Development Commission (SDC) to learn and integrate key lessons from the SEJ programme into their community projects as recognition of the value of the programme. More importantly, it is recognition that social intervention is a key component to maintaining peace and order in the society.

In the Amanie Wedderburn case the tireless efforts of attorney Ronald Paris from the Montego Bay chapter of JFJ helped the Coroner’s Jury to reach a verdict that a particular policeman was to be charged with murder in the death of Amanie.   The policeman was arrested and charged in the courtroom.

 

JFJ’s efforts towards greater transparency in the Office of the Director of Public Prosecutions (DPP) were realized when the DPP provided detailed reasons for her decision to not to recharge the policeman charged in the shooting death of Janice Allen.

 

Owing to the organization’s extensive and documented work in the justice system, in particular the Coroners’ Courts, some of its recommendations for improvements were incorporated into the Justice Reform Task Force Report[1]. One positive spin-off from these recommendations has been the implementation of a new process of jury selection, which is more equitable, efficient, and hopefully will prove to be more effective.

JFJ has been recognized both locally and internationally for its work in human rights. Its constant agitation has resulted in the organization being asked to sit on various decision-making committees. These have included: the Ministry of National Security Consultative Committee on Crime and Violence, the Jamaican Defence Force (JDF) Oversight Committee, the Ministry of Justice Human Rights Consultative Committee and the Jamaica Constabulary Force (JCF) Strategic Review Implementation Oversight Committee.

 This recognition has also come in the form of awards such as:   

-       Gleaner Honour Award - Special Award For 2000 – 2000; 

-       Royal Netherlands Embassy - 'Wooden Shoe Award' for Outstanding Community Service – 2002;

-       St. Mary Award for Community Service – 2002;

-       City of Weimar Human Rights Award – 2002;

-       Outstanding Community Service Award from the Rotary Club of New Kingston – 2003; and

-       Press Association of Jamaica Special Award for Service – 2003

In 2008, Dr. Carolyn Gomes, Executive Director of JFJ was bestowed with the United Nations Award for exceptional work in human rights and almost a year later she was awarded the Order of Jamaica national honour, also for exemplary work in human rights.

Collaboration with other like-minded interest groups has been impactful especially in areas of legislative reform.  JFJ’s policy to work together with organizations such as IJCHR and Amnesty International (AI) in the interest of the people is a significant achievement in a society fractured by politics, class and race. Collaboration has also enabled the organization to access funding from international agencies as well as local corporate bodies to advance project goals.



[1] The Justice Reform Task Force Report is the product of the Jamaican Justice System Reform Task Force (JJSRTF), a committee which was established by the Government of Jamaica to undertake a comprehensive review into the state of the justice system and to develop strategies and mechanisms to facilitate reform.

 
 
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