PRIVATE SECTOR'S ANTI-CRIME DECLARATION STIRS MORE

C O N F I D E N T I A L SECTION 01 OF 03 KINGSTON 001511

SIPDIS

DEPT FOR WHA/CAR (BENT),INL/LP (KBROWN AND NBOZZOLO)

E.O. 12958: DECL: 06/08/2014
TAGS: PREL PGOV KCRM SNAR JM
SUBJECT: PRIVATE SECTOR'S ANTI-CRIME DECLARATION STIRS MORE
DEBATE

REF: A. KINGSTON 01337


B. KINGSTON 01349

Classified By: Charge Thomas C. Tighe for Reasons 1.4 (b) and (d).

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Summary
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1. (SBU) In a business sector show of solidarity against
Jamaica's escalating murder rate, the Private Sector
Organization of Jamaica (PSOJ) launched a three day crime
protest on May 25 (Ref A) that received mixed reactions among
the island's population. The May 25 kick-off commenced with
a rally and ended with the President of the PSOJ asking each
Cabinet member publicly to reaffirm support for the rule of
law by promising to disassociate from criminals. At a May 30
Parliamentary session, both the Prime Minister and the Leader
of the Opposition agreed to have all MPs sign on to the
declaration, while some MPs publicly refused to sign the
statement as written. In a June 5, meeting with Poloff, the
PSOJ President promised to keep the pressure on the
authorities by mobilizing public sentiment. Former Prime
Minister Edward Seaga applauded the PSOJ for their initiative
but was not optimistic that the effort would amount to much.
End Summary.


2. (C) In a June 5 meeting with Poloff, Private Sector
Organization of Jamaica (PSOJ) President Beverly Lopez
passionately insisted that Jamaica's political leadership had
no excuse for not implementing the tough measures necessary
to deal with those aspects of the crime problem that require
immediate action. Assessing the public and GOJ response to
the PSOJ-led, three-day protest which began May 25 with an
anti-crime rally at Emancipation Park in Kingston (Refs A and
B),Lopez said that the private sector should not rest until
the government and opposition act with the urgency and
seriousness required to deal with what has become a national
emergency, referring to the level of violent crime. She
acknowledged that the PSOJ should have "done something
sooner" about the issue, but said that the PSOJ lacked any
leverage or real authority, only moral suasion when dealing
with the GOJ.


3. (C) The PSOJ will continue to mobilize the public, she
said, to ensure that the GOJ complies with the commitments it
made to the PSOJ following the protest. If the PSOJ's May 25
protest and declaration are to lead anywhere, they must be
followed by concrete expressions of the government's
commitment to apply measures that will effectively fight
crime, Lopez stated. She claimed that legislation to amend
the evidence act must be brought into effect immediately to
allow the police to counteract threats to potential
witnesses. The introduction of plea-bargaining and proceeds
of crime legislation is essential to narrow the scope for
criminals to avoid the reach of the law or to escape on
technical grounds when brought before the courts. Lambasting
the government's inability to act, Lopez stated, if the
government wants to get serious, they can "damn well pass
laws overnight" as that is exactly what has been done to pass
certain tax legislation.


4. (C) Lopez said that she is resigned to the fact that if
half of the measures in the 12-point declaration were met, it
would be worth the PSOJ's efforts. She acknowledged
criticism by some MP's of the second point in the
declaration, which states, "All political officers (holders
of elected office) should sever and publicly declare a
commitment to disassociate themselves and their constituency
organizations from gunmen, dismantle garrisons and
disassociate themselves from any association with criminals
or the acceptance of any financial or other support from
criminals. This commitment must be made with the
understanding that the political parties will undertake to
publicly rebuke and automatically expel any member who is
found to be in breach." According to Lopez, this point was
included without prior consultation with parliamentarians,
and she understands why some MPs are unwilling to agree to
it. Lopez said that the PSOJ is determined, however, to keep
the pressure on and promised to publish a monthly score sheet
of who has signed the declaration.


5. (C) Responding to the PSOJ declaration, on May 30 Prime
Minister P.J. Patterson and Leader of the Opposition Bruce
Golding agreed to review and revise the Code of Conduct for
politicians based on a reworded PSOJ declaration. A joint
select committee on security will also be established to
consider capacity enhancing measures as well as material
support for the security forces. Additionally, a police
oversight body will be established to monitor and report on
the performance of the Jamaica Constabulary Force (JCF).
Changes are being proposed by the PSOJ that would allow for
police officers that no longer enjoy the confidence of the
Commissioner to be retired in the public interest.


6. (C) Lopez was especially critical of PM Patterson,
explaining that what she finds both fascinating and extremely
troubling about him is that he appears to be preoccupied with
his legacy, to the detriment of his responsibility to govern
the country effectively in the present. "What kind of legacy
is he trying to leave?" she asked, describing Jamaica as a
country in which "the tail is wagging the dog and the dog
does not know what to do."


7. (C) The PSOJ initiative also had its critics. Richard
Azan, Jamaica Labour Party (JLP) MP for North West Clarendon,
was very critical of the PSOJ's protest, which was in part
triggered by the murder of his cousin, prominent businessman
Maurice Azan. On May 31, Richard Azan, criticizing the
duration of the PSOJ's May 25 half-day business shut-down,
declared in Parliament that "If we are going to do something,
let us do it right and if we are going to sacrifice
something, let us sacrifice for a day." Noting that some
businesses are only open for a half day on Wednesdays anyway,
Azan said, "Don't come with a face card that you are going to
close and you close the same time that you used to close".
Responding to the PSOJ's call for parliamentarians to sign on
to the declaration, Azan demanded that business organizations
publish the names of all persons to whom they pay extortion,
arguing that businesspersons who pay extortionists are also
responsible for crime in the country.


8. (C) On June 3, Delroy Chuck, MP and Opposition
Spokesperson on justice issues, told Poloff that nothing
would come of the PSOJ declaration, and labeled as ridiculous
the PSOJ's contention that MPs associate with alleged gunmen
and criminals and thereby contribute to Jamaica's crime
problem. He dismissed the PSOJ's announcement as a "bland
and foolish statement," adding that he would not sign the
declaration as written. On June 5, former JLP Leader and
former Prime Minister Edward Seaga chimed in on the GOJ's
response to the PSOJ's declaration by stating, "Now that the
Government has agreed to act under threat, a condition I
never believed Prime Minister Patterson would accept, it is
likely there will be bolder involvement by public interest
groups than before."


9. (C) Seaga applauded the PSOJ for generating a higher level
of outrage and for calling for greater accountability in the
fight against crime. Unintentionally contradicting Chuck,
however, he predicted that the PSOJ measures would have no
enduring benefit because the protest is based on a false
assumption that crime would subside if politicians and
criminals ceased interacting with each other, as Chuck
insisted they do not. Seaga, who represented - and
effectively controlled - the notorious West Kingston
"garrison" constituency in Parliament for 42 years, noted
that the roots of crime involve many factors, some of which
can be traced to private sector activities. Seaga opined
that those who wish to take a more active role in pressing
for the reduction of crime, particularly violent crime, must
understand that the real problem is much deeper than the
"action/reaction" cycle that has been the pattern over the
years.


10. (C) On June 8, Noel daCosta, President of the Jamaica
Chamber of Commerce, told Poloff he was optimistic that
something would come of the PSOJ's actions. He stated that
murder has become no longer isolated in poorer communities.
He noted that the solution must come from every member of
society and the government must have the will to persevere.
He also maintained that the U.S. unfortunately at times
"contributes to the problem by putting aid in the wrong
place," encouraging the government to apply "Band Aids"
rather than formulating real solutions to problems. DaCosta
said that he is privately encouraging all MPs to sign the
PSOJ declaration. He added that he hoped it did not "take
the death of an MP" before parliamentarians agreed to take
strong measures to combat the crime problem.

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Comment
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11. (C) In Post's view, the PSOJ initiative (whatever its
genesis) has stirred up a healthy public discussion of
Jamaica's record murder rate. It has also shone a welcome
light on the widely known but little-acknowledged web of
relationships among some in the island's "respectable"
business class, not a few of its political figures, and the
criminal underworld. For the PSOJ, focusing public outrage
in a way that will force real change, may be the hardest part
of its uphill struggle.


12. (C) While the PSOJ initiative was leading the news, for
example, a prominent Kingston businessman received widespread
favorable coverage for publicly urging his peers to stand up
to extortionists as he maintained he had been doing. Days
later it emerged that the same businessman's wife had posted
(considerable) bail in 2004 for Donald "Zeeks" Phipps,
considered to be the criminal leader of a downtown Kingston
enclave famously loyal to the ruling Peoples National Party,
and who is currently in police custody on different charges,
possibly to include two for murder. (The clearly embarrassed
businessman explained that he had known Phipps family for 30
years, that they had requested the simple favor, and that
posting bail for "Zeeks" did not constitute endorsement of
Phipps' alleged misdeeds.)


13. (C) Unfortunately, this type of dissembling by those who
should know better, is not uncommon. JLP MP Delroy Chuck, a
former Rhodes Scholar and one of the brightest minds in
Jamaican politics, mentioned to us in a separate discussion
that he had very reluctantly agreed to meet with a recently
returned criminal deportee from the U.S. who was attempting
to control the extortion racket in an economically depressed
part of his constituency. Not long afterwards, Chuck
publicly dismissed the PSOJ's contention that some MPs
associate with criminals. End Comment.
TIGHE