JAMAICA: CRIME AND CORRUPTION CHALLENGES FACING

C O N F I D E N T I A L KINGSTON 001462 SIPDIS SIPDIS STATE FOR WHA/CAR - JOE TILGHMAN STATE DS/DSS,DS/IP/WHA,DS/IP/TA TREASURY FOR INTERNATIONAL AFFAIRS - SARA GRAY JUSTICE FOR OPDAT - ROBERT LIPMAN E.O. 12958: DECL: 09/24/2017 TAGS: PREL PGOV SOCI SNAR PHUM ASEC KCOR KCRM KJUS SUBJECT: JAMAICA: CRIME AND CORRUPTION CHALLENGES FACING THE NEW GOVERNMENT OF PRIME MINISTER BRUCE GOLDING REF: A. KINGSTON 1445 (201732Z SEP 07)(NOTAL) ¶B. 06 KINGSTON 2021 (121230Z OCT 06)(NOTAL) Classified By: Charge' James T. Heg, Reasons 1.5 (b) and (d) Overview and Conclusion -------------- 1.(C) This second of several cables outlining challenges facing the new Government of Prime Minister (PM) Bruce Golding's Jamaica Labour Party (JLP) focuses on the deep-seated problems of crime and corruption. During his electoral campaign and in his inaugural address, Golding promised his government would have the political will to tackle crime, violence, and corruption. These assertions now will be tested severely: (A) with murders up an alarming 17 percent thus far in 2007, Jamaica looks set once again to top the charts as the world's homicide capital; (B) with his government facing a USD 260 million current year deficit and a debt-to-GDP ratio approaching 140 percent (Reftel A),it is unknown how Golding can keep his promise to bring the Jamaica Constabulary Force (JCF) up to full strength (8,500),and meet the promise of the previous administration to grant police officers a 40 hour work week; (C) after 18 years in power, the outgoing senior officials of the People's National Party (PNP) would be likely targets of any corruption investigations-- the PM thus can expect little cooperation from the PNP Opposition in Parliament, where his own ruling JLP enjoys only a narrow majority; whether Golding will be able to muster sufficient support to pass legislation needed to accomplish his anti-corruption goals remains unclear. End Overview and Conclusion. Crime and Violence -------------- 2.(SBU) In his inaugural address, PM Golding promised to make the reduction of crime a priority of his government. His stated goal is to create a country where "Jamaicans can feel safe and secure." Golding has taken the reins three-quarters of the way through a year in which Jamaica looks to again top the charts as the murder capital of the world. In 2006, the Jamaica Constabulary Force was able to reduce the murder rate by nearly 10 percent but crime statistics released on September 16, indicate that murders for 2007 are up by 17 percent over 2006 numbers. Of note is that there are twice as many reported gang-related murders this year vis-Q-vis the same time last year, and island wide the clearance rate remains a low 34 percent. (Note: Clearance rates in the Kingston Area are only 31 percent). For other violent crimes it is a mixed bag, shootings are up 13 percent over last year, but the categories of rape, sexual abuse of children, and robbery all show decreases, -1 percent, -6 percent, and -27 percent, respectively. (Note: Jamaica was recently cited in a UN/World Bank report as having the third worst incidence of rape in the world). 3.(SBU) On September 19, the new Minister of National Security, Derrick Smith, announced a reinvigoration of "hot spot" policing and increased use of check points and traffic stops in troubled neighborhoods to quell the murder rate. This is a strategy that current Deputy Commissioner of Police, Mark Shields has been urging the government to adopt for months. It appears that recent headline articles about August being the third bloodiest month this year have gotten Minister Smith's attention. 4.(C) In addition to being under-staffed and under-paid, the Jamaica Constabulary Force (JCF) is known to be rife with corruption. In its last months in office, the previous government began a strategic review of the JCF, the third such review to occur in the last five years. It appears that Golding's new Minister of National Security will continue this review. Even if the review is as comprehensive and honest as promised, it remains to be seen whether the Golding government will have the muscle to push forward the legislative changes required to enable the imposition of a rational personnel system, with adequate provisions to discipline and remove underperforming and corrupt cops from the force. Because many senior leaders within the JCF, including its Commissioner, have been identified by sources as corrupt, in reality, without a complete housecleaning of the JCF leadership, no real change will occur. 5.(C) In a September 19 meeting between NAS Director and Senior Ministry of National Security officials, the Special Advisor on Policy, Anne-Marie Barnes, indicated that the new Minister holds a dim view of Senior leadership within the JCF and said she anticipates efforts to change the leadership from the top down. This will not be an easy task for the Police Services Commission, which is the legal entity responsible for the hiring, disciplining, and firing of senior police officers. Commission board members have indicated on numerous occasions that they hoped to Q&retire in the public interestQ8 senior members of the JCF, to include Commissioner Thomas. However, recent court rulings have declared that retirement in the public interest is beyond the mandate of the PSC, thus effectively tying its hands. How Minister Smith now plans to remove corrupt and ineffective leadership seems unclear. Given the lucrative parallel income stream that most senior members enjoy, it appears highly unlikely that they would opt to voluntarily resign from the JCF. 6.(SBU) In addition, how Golding will keep his promise to bring the Jamaica Constabulary Force up to full strength (8,500),and meet the promise of the previous administration to grant police officers a 40 hour work week, when his government is already facing a J$ 18 billion current year deficit (USD 260 million) is unknown. Corruption -------------- 7.(U) Golding also promised to make "transparency and accountability in government and the elimination of corruption a priority." According to Golding a "new framework" for good governance is at the "top of our agenda." To do so, Golding proposed several specific initiatives, which all require legislative and some constitutional changes: -- Imposition of criminal sanctions for violations of government contracting rules and procedures; -- Creation of a Special Prosecutor to investigate and prosecute corruption; and, -- Passage of legislation to protect whistleblowers, and enable the removal of public officials guilty of "misconduct, corruption, abuse of authority, or betrayal of public trust." 8.(SBU) There already exists a grab bag of toothless organizations to combat corruption in Jamaica-- the Contractor General, which is the government watchdog on public contracting, and the Commission for the Prevention of Corruption, a sub-organ for the Ministry of Justice, to name two. Neither of these organizations has its own independent budget, nor does either have adequate staff or investigative resources. As was evident in the Trafigura scandal, which broke in the fall of 2006 (Reftel B),the Contractor General can make headlines, but is unable to do more. The Commission for the Prevention of Corruption's main task seems to be the collection of financial disclosure statements from public officials. However, once collected, the statements are kept confidential; for example, the Financial Investigative SIPDIS Division's requests for review of these documents to verify "reported income" versus what it has uncovered in money-laundering investigations are categorically refused. 9.(C) To remediate the problem and give anti-corruption efforts teeth, Golding's new government has already begun exploring a long-standing JLP promise to establish a special prosecutor for anti-corruption. According to the JSP former Shadow Minister, now Speaker of the House, Delroy Chuck, ideally this prosecutor would have to be independent of the Office of the Public Prosecutor. The current head of the Office of the Public Prosecutor has stated that setting up an independent Special Prosecutor is not possible without constitutional change, and he seems thoroughly opposed to the notion, probably believing that such an entity would reduce his office's power. His view regarding the need for constitutional change is shared by senior leadership within the Ministry of National Security, whose opinions may also be colored by the fact that creation of such a prosecutor would dilute the Ministry's control over a key national security matter. 10.(SBU) After 18 years in power, the outgoing senior PNP government officials are likely targets of any corruption investigations. Golding thus can expect little cooperation from PNP opposition members, while his ruling JLP enjoys only a narrow parliamentary majority. Whether Golding will be able to muster sufficient parliamentary support to pass the necessary legislation to accomplish his anti-corruption goals remains unclear. Without outside financial assistance, the Jamaican Government is unlikely to have the financial resources necessary to provide budgets for these organizations to fund quality vetted investigative staff. 11.(C) Golding's own party leadership and the JLP's political supporters are not without their own bad apples. The new Minister without portfolio in the Office of the Prime Minister, James Robertson, is involved in unspecified criminal activity, according to the local UK High Commission. In addition, Christopher Coke, a known drug don, has been a financial backer of the JLP. Golding has told us privately that he wants to isolate and remove tainted individuals from involvement in the JLP. However, to do so, he needs more than just rumors. He has approached the Embassy in the past for information on suspect individuals. How the USG would be able to assist Golding with evidence of wrongdoing on the part of party members and/or supporters bears consideration. 12.(SBU) According to a recent report by the Jamaican Justice System Reform Project, even if the Special Prosecutor's office is established, it would have difficulty moving cases through the Jamaican Judicial system: a broken institution with clogged dockets, inadequate infrastructure, overburdened and underperforming judges, and an inability to seat juries and protect witnesses. 13.(SBU) Conclusion: Golding understands that the missing piece is not necessarily resources; it is political will. During his campaign as well as in his inaugural address, he promised that his government would have the political will to tackle crime, violence, and corruption. These assertions now will be tested severely. End Conclusion. HEG