Social intervention, not anti-gang law!

By Jaevion Nelson

Brand Jamaica continues to be sullied by the high rate of crime and violence and the significantly low number of murderers who are convicted. This has been the case for a number of years - making us one of the most murderous countries worldwide. It is quite scary to think that about four in five murders go unpunished for one or more reasons. It's no wonder so many of us do everything in our (economic) power to 'secure' ourselves in gated communities behind tall walls with security guards and alarm systems.

Our beloved country has been severely affected in every aspect, and we are all complicit because we have not been doing enough to arrest crime and violence. Undoubtedly, this frightening situation requires an intervention - not a divine one - that will seek to address the weaknesses in our system to be more responsive to the multifaceted nature of crime and violence in Jamaica and ensure far less crimes go unpunished.

I am fully supportive of the efforts being implemented by the ministries of national security and justice, and the Jamaica Constabulary Force to treat with the issue. I commend them for their accomplishments. It's the glimmer of hope we need to be confident that Jamaica can be safe, cohesive and just. With that said, I hasten to suggest that an anti-gang legislation, which is very noble in its intention to dismantle gangs by apprehending people involved in gangs (apparently, almost 300 of them exist) is perhaps not what is most needed at this time.

The proposed anti-gang legislation worries me. I will ignore all the (supposed) problems with the current text around censorship and expression of self, and focus on the ad hoc strategy to control crime. Here is why I find the proposed legislation problematic:

If you want to control criminal gangs you have to reduce their currency. Locking up gang members is a woeful approach and does very little to control crime. A prison cell is not a hindrance to the operation of the majority of criminal gangs when we apprehend one or more of their members. I believe this is the case worldwide. Even prisons have their own gangs. Besides, they seemingly always have a leader in training (just in case one of them gets 'caught'). A community should never have to depend on a gangster to ensure their safety and economic survival.

major problems

None of us are born criminals. Colonel Trevor McMillan (as minister of national security) had said an estimated 80 per cent of crimes are committed by young males between 15 and 25 years who are usually unemployed, undereducated and school dropouts. The United Nations Human Development Programme (UNDP) 2012 Human Development Report alluded to this. UNDP noted that "exposure to and experience of violence at home, in school, in communities and the wider society, and insufficient attention to youth development and empowerment" are also major problems.

You have to reduce the reasons that lead people to criminality. We desperately need a comprehensive social protection policy and an economic strategy which includes reducing the socio-economic and educational challenges that often make our fellow Jamaicans so vulnerable to criminal activity. "Most youth that come into contact with the police reflect behaviour related to the need for care and protection after abuse, neglect, abandonment or having run away from home" (UNDP, 2012).

A strategy that starts with increasing police powers to arrest more of us, providing them with more weapons to 'scare' us and giving them more vehicles and increasing their numbers to control crime and violence is commendable, but to a large extent akin to the man who built his house on the sand.

When the anti-gang law is in effect will we be able to prosecute these alleged criminals? Will the DNA legislation be in place by the time anti-gang legislation is enacted? Would we have reduced the number of cases in court backlog? Would the Witness Protection Programme be enhanced so people can feel safe helping in the fight against crime by providing the police with information?

According to UNDP, "The majority of aggressors and victims are young men who use violence for protection against threats, or who have acted under a male-dominated tradition of violent conflict resolution, particularly by being involved in various forms of neighbourhood or community violence." The anti-gang legislation can only be effective if these nuances are considered.

Any piece of law to deal with crime and violence should be based on reducing impunity - not increasing the number of people we lock up. Unless it is that the anti-gang legislation is sort of state of emergency which allows us to apprehend (young) people easily. The UNDP report offers some salient recommendations and I recommend that everyone read the document at: http://bit.ly/1aH8nEV.

Jaevion Nelson is a youth development, HIV and human rights advocate. Email feedback to columns@gleanerjm.com and jaevion@gmail.com.