Orville Taylor | JCF oath: Thou shalt not criticise

How does one prefer charges against a subordinate for criticising you, and then be able to appoint judges or be the judge yourself, and have an outcome which obeys the rules of natural justice? Impossible! And if the very set of people who are supposed to uphold the principles of fair treatment themselves are made to feel victimised, then we can understand why some Jamaicans still have bad encounters with the police. Hungry people cannot work in kitchens, and as I said at the last Jamaica Police Federation (JPF) conference, never put the mind of the oppressor in the head of the formerly oppressed.

Indeed, how can worker-delegate represent workers against employers, knowing fully well that such employers or their agents can easily take recriminating action and perform occupational detriment?

Our Labour Relations Code crafted from the collective wisdom of Hugh Shearer, Michael Manley and many others, who fought for the rights of Jamaican workers, is very wary of the possibility for victimisation, when delegates stand up for their peers. It is for this reason that Section 22 (ii)(e) of the Code explicitly dictates that “no disciplinary action should normally be taken against a delegate until the circumstances of the case have been discussed with a full-time official of the union concerned”. The letter does not apply here; but the spirit does.

Because it removes a person from his job and reduces his pay, before he is given a hearing; interdiction is de facto disciplinary action.

UNIQUE CREATURE

The JPF is a unique creature. Unlike the Jamaica Teachers’ Association and Jamaica Civil Service Association (JCSA), for example, where the president is seconded, its chairman is still, and at all times, acting in his substantive post as a police officer. More interesting, the Federation is explicitly prohibited from being a trade union as defined under the Trade Union Act or from colluding with other groups outside of the Constabulary for the purposes of collective bargaining.

For this reason, despite the obvious commonality of interest, it is not a member of the Jamaica Confederation of Trade Unions (JCTU), as it rightly should be or affiliated with the JCSA. In fact, it has always been my considered opinion that the very fact that many activities of the Federation, such as the speech of the chairman and the programme for the conference, require the assent of the commissioner of police, doubtless violates the International Labour Organization (ILO) Conventions 87 and 98, which speak eloquently about freedom of association and the right to collective bargaining. Moreover, the Organization Workers’ Representatives Convention, 1971, protects worker advocates from recriminations.

Similarly, Section 13 of the Jamaica Constitution incorporate a Charter of Rights which include the aforementioned right to freely associate without the dictate of anyone, including any employer or the Government or anyone acting on their behalf.

To my personal chagrin, the joint committee of Parliament, in its (lack of) wisdom, felt it necessary to repeal the pre-existing Section 23 which going farther than Section 13, and spoke directly to the right vis-a-vis the right to form, belong to and participate in the activities of trade unions.

Coupled with the fact that the Labour Relations and Industrial Disputes Act does not define the Constabulary as an essential service, it is now time to once and for all recognise that police officers are simply civilians with special authority and powers. They are no different from custom, immigration, or correctional officers, who have statuses which they immediately leave on retirement. Cops are subject to civil laws.

RESPONSIBLE FOR ACTIONS

Unlike the military, every single cop is responsible for his actions in the performance of his duties and can never use ‘chain of command’ as an excuse. Soldiers are generally subject to military law and discipline. Importantly, a prime minister can deploy any soldier or tell an military operation to cease. He has no such legal power over the police.

On Thursday, Corporal Rohan James, chairman of the JPF, was interdicted by police high command for comments he made in public, while defending the rights of the rank and file. Justifiably incensed, there are a number of unfulfilled issues, including the non-implementation of a judicial decision relating to overtime work. The charges and allegations are clear and well presented.

However, on the surface of it, despite what was an excoriating of the high command; there was nothing, in my opinion, that amounted to actionable misconduct. In fact, three years ago, then Chairman Patrae Rowe stripped the officer corps. “The absence of proper leadership qualities and competence has been replaced by godlike and brutish exercise of authority from senior officers, in some instances. Commissioner Anderson has been handed some incompetent, inconsiderate and lazy subordinates who are aiding against his efforts.”

Rather than suck in his grievances, like an ice cream sundae, Rowe ran the risk of breaching Section 69, of the Constabulary Force Act, and this sergeant of police could easily have been charged for causing “disaffection amongst the Forces”. Anyway, here is a critical difference. Rowe, who was promoted shortly afterwards, backed the commissioner with an open fist. “After many interactions with the ex-army man, it is my view that he is a good fit for Commissioner.” James might have missed the army standard of no dissent as he took no prisoners.

Several members of the officer corps, who have been executives of the Federation and Special Constabulary Force Association, indicated that while not surprising, the actions of the ‘high (handed) command’ are simply unjust and unfair.

In the context of the incumbent director of public prosecutions being apparently foisted on the public for an unpopular and perhaps unconstitutional extension, and waning popularity of the Government, the optics are that someone is trying hard to lose electoral votes. Irrespective of the mandate that every police officer has individual discretion, some voters believe that the constabulary’s upper echelons are very loyal to the government.

A divided constabulary or castrated Federation only makes criminals stronger. And for the silent minority in the force who are celebrating the travails of James ... goat meat and mutton look the same after the knife sticks.

n Dr Orville Taylor is senior lecturer at the Department of Sociology at The University of the West Indies, a radio talk-show host, and author of ‘Broken Promises, Hearts and Pockets’. Send feedback to columns@gleanerjm.com and tayloronblackline@hotmail.com.