TASK FORCE RECOMMENDATIONS BEING IMPLEMENTED

By: LATONYA LINTON

Minister of Justice and Attorney General, Senator the Hon. Dorothy Lightbourne (right), talks about Restorative Justice at the signing of a Canadian $500,000 contribution agreement with the Canadian-Caribbean Co-operation Fund, at the Canadian High Commission in Kingston. Looking on is Canadian High Commissioner, His Excellency Denis Kingsley.

The Ministry of Justice, for the year 2009, has been taking steps to improve the justice system in Jamaica.

During the year, the Ministry commenced the implementation of over 70 recommendations from the Jamaica Justice System Reform Task Force.

The Task Force proposed 200 recommendations for consideration and implementation.

Minister of Justice and Attorney General, Senator the Hon.Dorothy Lightbourne, explained that the Transformation Agenda, outlined seven strategic objectives under which the various recommendations fall. These are: ensuring fair and timely resolution of cases; improving access to justice; strengthening the judiciary and workforce; strengthening linkages between justice sector institutions; establishing a sound court infrastructure; implementing a social component to the delivery of justice; and strengthening public trust and confidence in the justice system.

"We have referred 14 to the Ministry of National Security, as they fall within their portfolio area. About nine recommendations have been determined to require further assessment before implementation, while some 80 recommendations are scheduled to be implemented over the next five years," she stated.

She stated that the Justice Reform Implementation Unit (JRIU), which has been established in the Ministry with the assistance of the Canadian Government, would strengthen the capacity to mobilise the reformation process.

"Specifically, the JRIU will monitor the pace and effectiveness of the reform initiatives and deal with other interrelated programmes of the Ministry and our international partners," she assured.

On April 21, Prime Minister the Hon. Bruce Golding, and his Canadian counterpart, His Excellency Stephen Harper, signed a Memorandum of Understanding (MoU), at Jamaica House in Kingston, which will see Canada providing funding support, over four years, for the judicial reform process.

As the Government continues to place focus on restorative justice, the Minister, in February, signed an agreement for a C$500,000 contribution from the Canadian-Caribbean Co-operation Fund (CCF) to further develop the restorative justice programme in Jamaica.

Minister Lightbourne explained that the initiative was part of the Restorative Justice Programme, which is being supported by Canadian International Development Agency (CIDA), the United Nations Development Programme (UNDP) and the CCF.

The project, which should be completed at the end of the year will provide more facilitators of restorative justice to serve at the community level. The programme is being implemented over the period April, 2008 to December, 2009.

In addition four communities were selected to benefit from a pilot project for the development of Community Justice Tribunals as the Government moved forward with the implementation of the restorative justice policy. The communities are Tower Hill in St. Andrew; Granville, St. James; May Pen, Clarendon; and Spanish Town, St. Catherine.

Newly appointed Justice of the Peace (JP) for the parish of Manchester and attorney at law, Keith Smith (right), is congratulated by Vice Chairman of the Lay Magistrates Association, Manchester Chapter, Cecil Buchanan (left); and Chairman of the Mile Gully Zone of JPs, Ulit Brackett (2nd left), after receiving his instrument of appointment. Mr. Smith was among 40 new JPs for the parish, who were sworn in on November 10 at the Golf View Hotel in Mandeville.

Also, Senator Lightbourne welcomed the commitment from the Canadian Government to provide Can$18 million to strengthen Jamaica’s judicial system, through the Justice Undertakings for Social Transformation (JUST).

In terms of legislation, Cabinet gave approval for a Bill entitled, the Child Pornography (Prevention) Act 2009 to be tabled in Parliament. The Bill seeks to specifically recognise and treat child pornography as a criminal offence in Jamaica, and to prohibit the production, importation, exportation, and distribution of child pornography, and the use of children for child pornography.

Cabinet also issued drafting instructions for the proposed Whistleblower legislation, which will facilitate the disclosure of information about wrong-doing to the relevant authorities, and provide for the protection of persons making those disclosures.

Addressing a post-Cabinet press briefing held in March at Jamaica House in Kingston, the Attorney General underscored the importance of provisions being made to include private sector organisations, and to capture all forms of wrongdoing that can be reported within an organisation. It will also speak to gross mismanagement or misconduct that has occurred, or is about to occur.

The legislation would mandate organisations to designate a person to whom acts deemed as corrupt or mismanagement can be reported, and that such persons would be obliged to investigate and deal with the matter. 

“Of course, we recognise that the person to whom you are making the disclosure might be implicated, so that’s why we are making provisions for another route to blow the whistle if you are not sure that you are comfortable with the person to whom you should blow the whistle,” she stated, noting that the structure being put in place would enable whistleblowers to make disclosures to “responsible persons” such as a legal advisor, Minister, among several others.

In addition, provisions will be made to ensure that persons, who need protection after giving information, have the backing of the witness protection programme.

Meanwhile, in February the Legal Aid Council embarked on a duty counsel sensitisation programme, which was aimed at ensuring that the rights of citizens, who are detained or arrested, are fully observed, including their right to legal advice and representation. The outreach targeted law enforcement officers in the first instance, but court officers and other stakeholders in the justice system, will also be visited.

A Peace and Justice Centre, under the direction of the Dispute Resolution Foundation (DRF), was opened in May Pen, Clarendon, in August.

Founder of the centre, Social Activist, Dr. Walter Leavell, informed that apart from the mediation services, the centre would offer remedial skills training and support for students suspended from schools.

“We are here to do our small part, and hope that it will help to curtail the crime that now exists. One of the programmes that we are kicking off with which, is funded by the Environmental Foundation of Jamaica, is targeting 20 schools in volatile areas. We will be delivering conflict resolution skills to the teachers, as well as parents throughout the communities,” Dr. Leavell said.

In October 22 new Justices of the Peace were sworn in for the Parish of St. Mary adding to the 248 JPs already serving in the parish.                                                                                                                                      

Also forty new Justices of the Peace (JPs) were sworn in for Manchester on November 10, after undergoing an intense six-week training programme conducted by the Ministry of Justice. The new appointments bring to 180, the number of JPs serving the parish.