Opposition Calls for Scrutiny of Controversial Amendment Bill

Leader of the Opposition Tracy Panton is calling for careful scrutiny of the Briceño Administration’s proposed Thirteenth Amendment Bill. The proposed piece of legislation was introduced yesterday in the House of Representatives. The bill seeks to allow the declaration of “special areas for public safety, public order, or for the purpose of preventing or detecting crime,” which could include limitations on certain rights. The amendment also proposes the establishment of a Gun and Gang Court and seeks to eliminate legal challenges during a State of Emergency. While Prime Minister John Briceño described the bill as a necessary step to combat crime, Panton says there is need for thorough examination to ensure it aligns with constitutional protections and democratic principles. 

Tracy Panton, Leader of the Opposition: “We have to take a careful and critical look at what is being proposed. We often say that the devil is in the details. What I will say is, after cursory review, there are some components I think we can readily agree to. For example, a gun court. This is not a novel idea. It happens in other parts of the region particularly in Jamaica and it helps to alleviate the backlog with gun-related offences. It does two things, it moves the process along more quickly and also people who may be innocent don’t have to be waiting for prolonged periods of time to have a judgment or to clear their name or whatever the situation is. I question, though, the need for government as a crime preventative measure to put in the supreme law of the land, the Constitution, a way to suppress the rights of citizens. Now, we are all bothered by the rate of crime. We’re all bothered, certainly, that so many of our young people, our young men in particular, are engaged in gang violence and we need a solution. Is the solution, though, to suppress the rights of citizens? What is the real crime prevention strategy that the government wishes to employ? It can’t be a band-aid fix. We can’t lock up people indefinitely.”

Panton noted that the government could have instead looked at the proposed constitutional changes that were put forward by the People’s Constitution Commission. She believes that the proposals could have served as a road map for the government’s efforts to improve its crime fighting effort. 

Tracy Panton, Leader of the Opposition: “There are recommendations in there on how the government can use emergency powers for matters that are considered a national emergency. And crime is considered a national emergency. Why don’t we take those recommendations into account? We went to the people, just this morning I heard that the government wants to include the voices of the people in its policymaking strategy. So we went to the people. We spent 30 months. We spent $2 million and those recommendations will be pushed back for a year. So I have to look at the bill more critically to see exactly what is being proposed but I really believe that, as citizens in this country, our democracy dictates the democracy that we guard, and we should guard zealously, that as citizens we are afforded certain fundamental rights and freedoms. And what I see from my initial review is that in some cases these fundamental rights and freedoms will be removed by locking down the criminal element, if they are guilty, because there is no other plan, there is no other strategy to deal with crime.”

Panton also weighed in on whether she believes there is a need for more draconian approaches like have been done in El Salvador by its President Nayib Bukele.

Tracy Panton, Leader of the Opposition: “I know that there are many people in our communities that are crying for more draconian measures. But as the Prime Minister said yesterday, that is not who we are as a people, as a country. And those who are found guilty and those who are responsible should be held to the highest penalties, to the full extent of the law. But what happens when you do this kind of blanket sweep of young citizens of our country? Some are guilty and some may not be guilty. Some may be gang related. But we do a blanket sweep and we lock them all up for six months, 12 months. And what happens after that? What are the ramifications to our society when we do that? And I think when we pass policies and new laws, we have to look at impact. What impact it will have in the short, medium and long term, what are the ramifications for our society, and if there are other alternatives in how we can better address the concerns.”

Panton added that the opposition hopes to properly review the bill and make relevant recommendations.