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by Kathrina Dabdoub

May 23, 2020 marks ten years since a State of Emergency (SOE) was declared, and over 1,000 members of the Jamaica security forces were deployed in and around the communities of Tivoli Gardens and Denham Town. In the aftermath, upwards of 70 persons were reportedly killed; at least 3 disappeared, and approximately 4,000 were arbitrarily detained. What began as a hunt for one man’s extradition, in a matter of days became a State-led massacre that has affected hundreds of lives permanently. It is one of the greatest atrocities our country has witnessed.

Source: The Gleaner Jamaica

The aimless violence and abuse that Tivoli and Denham Town communities endured at the hands of the State is the result of historical (and sustained) de facto criminalisation. Ten years later, we are far from a resolution.

The West Kingston Commission of Enquiry 

Calls for the establishment of a Commission of Enquiry were made as early as the first week of the dubbed “Tivoli Incursion.” Yet, a Commission was not appointed until February 21, 2014, with hearings beginning on December 1, 2014. By this time, an enquiry was nearly 5 years delayed. 

The Commission Report tabled in Parliament and was made public on June 15, 2016. In the report, it was found that many of the allegations of personal injury, property damage or loss, and extrajudicial killings by the security forces were largely credible.

Ultimately, the report had weak and open-ended conclusions. Of note is the common refrain “Further investigation is required” throughout the document. Despite this, the Commission made extensive recommendations for redress and prevention, including: 

  1. A State apology 
  2. Counselling for victims 
  3. Compensation 
  4. Internal administrative reviews within the security forces 
  5. Strengthened oversight of policing operations, namely via the use of body cameras and various policy reforms 

The recommendations notably did not include the prosecution of individual perpetrators. In fact, the Commission stopped short of explicitly stating that any officers should be removed from duty, instead stating that they :

“be relieved of any operational commands that they may hold and that they be prohibited from serving in any special operations units.” 

Report of The Commission of Enquiry Appointed To Enquire Into Events Which Occured In West Kingston And Related Areas In May 2010, Chapter 15.18

Elusive Body Cameras

Furthermore, the lethargy, and in some cases inertia, in adopting these recommendations has been a major hindrance to justice. This is particularly glaring with regard to the fifth recommendation: the introduction of mandatory body cameras.

The introduction of body cameras has been met with several verbal commitments over the years but has yet to be implemented on a wide scale throughout the Jamaica Constabulary Force (JCF). As recently as November 2019, Commissioner of Police Major General Antony Anderson stated that “in the first quarter of next year we will be deploying body-cams.” The first quarter of 2020 has come and gone without any indication that the JCF is actively using the technology, showing that Anderson’s words were another hollow promise. 

Restorative Justice and Apologies 

Restorative justice efforts came from the Government via the establishment of Restorative Justice Centres in the West Kingston communities in July 2017. The Rejuvenating Communities Project, a collaboration between the United Nations Development Programme and the Community Renewal Programme of the Planning Institute of Jamaica was also developed and implemented.

Under the Rejuvenating Communities project, activity days were hosted enabling dialogue between West Kingston residents and the security forces; giving them a space to air their grievances and build a sense of trust. The ‘social cohesion’ approach implemented in these sessions facilitated an environment where all parties felt seen and heard; resulting in a decrease in alienation between residents and the state security forces.

Another crucial part of repairing the damage caused by the Incursion was the official apology given in Parliament on December 6, 2017. At the time, Prime Minister Andrew Holness said, “I believe that the most immediate and appropriate response of the Government is to begin the process (of healing) by apologising to those who were affected.”  

Sadly, that “immediate” response was nearly eight years overdue. 

Reparations 

On the recommendation of the Commission, a Compensation Committee was convened to determine the amount of reparations the State owed. Some residents of Tivoli began receiving that money in late 2017. Many alleged that they were excluded from the list of claimants. To date, there are still reports of individuals who have not received compensation.  

Paulette Wellington, mother of deceased Sheldon Davis, was granted Four Hundred Sixty Nine Thousand Five Hundred and Sixty Dollars Eighty-Six Cents ($469,560.86) in December of 2018. In such cases, there is a question of sufficiency. How is the value of a life lost determined? Can $469,560.86 truly abate the pain caused by such loss?

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