JFJ concerned about new SoPEs, absent regulations

Human rights lobby group Jamaicans for Justice (JFJ) says it's concerned that the government has declared states of public emergency in seven parishes without tabling the necessary regulations.

The declaration was made on Tuesday.

JFJ is arguing that the regulations are critical as the rules will guide how the security measure will operate, the powers of the military and police, and what civil rights and liberties will be restricted, and the means of compensation if breached.

It is concerning that we can still be visiting 'emergency' measures as an ordinary crime-fighting tool five years after the Mount Salem declaration on January 19, 2018, argued JFJ.

It also reminds that the government announced a state of public emergency in June 2022 that saw the then-tabled regulations plagued with errors that eventually had to be withdrawn.

“We express grave disappointment that the government has seemingly not been guided by its own past actions and concerns raised by civil society.

“It is noted that accompanied regulations not only guide the operational framework but also ensure democratic accountability, human rights and the rule of law during a state of public emergency,” contended JFJ in a statement today.

The human rights group said that it is especially disturbed that without the necessary regulations, the emergency powers tribunal's establishment, composition or location remains unknown.

“The failure of the state to ensure one's access to an independent and impartial tribunal flies in the face of the constitution.”

The organisation believes that a state of public emergency is a serious constitutional measure and though crime levels are alarming and must be fiercely addressed, the measure does not meet the constitutional test for use in routine crime fighting.

JFJ is urging the government to publish the emergency powers proclamation, the regulations, the tribunal's chairperson, composition and procedure widely for public consumption.

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