US embassy cable - 05KINGSTON1511

C O N F I D E N T I A L SECTION 01 OF 03 KINGSTON 001511 
 
SIPDIS 
 
DEPT FOR WHA/CAR (BENT), INL/LP (KBROWN AND NBOZZOLO) 
 
E.O. 12958: DECL: 06/08/2014 
TAGS: PREL, PGOV, KCRM, SNAR, JM 
SUBJECT: PRIVATE SECTOR'S ANTI-CRIME DECLARATION STIRS MORE 
DEBATE 
 
REF: A. KINGSTON 01337 
 
     B. KINGSTON 01349 
 
Classified By: Charge Thomas C. Tighe for Reasons 1.4 (b) and (d). 
 
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Summary 
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1. (SBU) In a business sector show of solidarity against 
Jamaica's escalating murder rate, the Private Sector 
Organization of Jamaica (PSOJ) launched a three day crime 
protest on May 25 (Ref A) that received mixed reactions among 
the island's population.  The May 25 kick-off commenced with 
a rally and ended with the President of the PSOJ asking each 
Cabinet member publicly to reaffirm support for the rule of 
law by promising to disassociate from criminals.  At a May 30 
Parliamentary session, both the Prime Minister and the Leader 
of the Opposition agreed to have all MPs sign on to the 
declaration, while some MPs publicly refused to sign the 
statement as written.  In a June 5, meeting with Poloff, the 
PSOJ President promised to keep the pressure on the 
authorities by mobilizing public sentiment.  Former Prime 
Minister Edward Seaga applauded the PSOJ for their initiative 
but was not optimistic that the effort would amount to much. 
End Summary. 
 
2. (C) In a June 5 meeting with Poloff, Private Sector 
Organization of Jamaica (PSOJ) President Beverly Lopez 
passionately insisted that Jamaica's political leadership had 
no excuse for not implementing the tough measures necessary 
to deal with those aspects of the crime problem that require 
immediate action.  Assessing the public and GOJ response to 
the PSOJ-led, three-day protest which began May 25 with an 
anti-crime rally at Emancipation Park in Kingston (Refs A and 
B), Lopez said that the private sector should not rest until 
the government and opposition act with the urgency and 
seriousness required to deal with what has become a national 
emergency, referring to the level of violent crime.  She 
acknowledged that the PSOJ should have "done something 
sooner" about the issue, but said that the PSOJ lacked any 
leverage or real authority, only moral suasion when dealing 
with the GOJ. 
 
3. (C) The PSOJ will continue to mobilize the public, she 
said, to ensure that the GOJ complies with the commitments it 
made to the PSOJ following the protest.  If the PSOJ's May 25 
protest and declaration are to lead anywhere, they must be 
followed by concrete expressions of the government's 
commitment to apply measures that will effectively fight 
crime, Lopez stated.  She claimed that legislation to amend 
the evidence act must be brought into effect immediately to 
allow the police to counteract threats to potential 
witnesses.  The introduction of plea-bargaining and proceeds 
of crime legislation is essential to narrow the scope for 
criminals to avoid the reach of the law or to escape on 
technical grounds when brought before the courts.  Lambasting 
the government's inability to act, Lopez stated, if the 
government wants to get serious, they can "damn well pass 
laws overnight" as that is exactly what has been done to pass 
certain tax legislation. 
 
4. (C) Lopez said that she is resigned to the fact that if 
half of the measures in the 12-point declaration were met, it 
would be worth the PSOJ's efforts.  She acknowledged 
criticism by some MP's of the second point in the 
declaration, which states, "All political officers (holders 
of elected office) should sever and publicly declare a 
commitment to disassociate themselves and their constituency 
organizations from gunmen, dismantle garrisons and 
disassociate themselves from any association with criminals 
or the acceptance of any financial or other support from 
criminals.  This commitment must be made with the 
understanding that the political parties will undertake to 
publicly rebuke and automatically expel any member who is 
found to be in breach." According to Lopez, this point was 
included without prior consultation with parliamentarians, 
and she understands why some MPs are unwilling to agree to 
it.  Lopez said that the PSOJ is determined, however, to keep 
the pressure on and promised to publish a monthly score sheet 
of who has signed the declaration. 
 
5. (C) Responding to the PSOJ declaration, on May 30 Prime 
Minister P.J. Patterson and Leader of the Opposition Bruce 
Golding agreed to review and revise the Code of Conduct for 
politicians based on a reworded PSOJ declaration.  A joint 
select committee on security will also be established to 
consider capacity enhancing measures as well as material 
support for the security forces.  Additionally, a police 
oversight body will be established to monitor and report on 
the performance of the Jamaica Constabulary Force (JCF). 
Changes are being proposed by the PSOJ that would allow for 
police officers that no longer enjoy the confidence of the 
Commissioner to be retired in the public interest. 
 
6. (C) Lopez was especially critical of PM Patterson, 
explaining that what she finds both fascinating and extremely 
troubling about him is that he appears to be preoccupied with 
his legacy, to the detriment of his responsibility to govern 
the country effectively in the present.  "What kind of legacy 
is he trying to leave?" she asked, describing Jamaica as a 
country in which "the tail is wagging the dog and the dog 
does not know what to do." 
 
7. (C) The PSOJ initiative also had its critics.  Richard 
Azan, Jamaica Labour Party (JLP) MP for North West Clarendon, 
was very critical of the PSOJ's protest, which was in part 
triggered by the murder of his cousin, prominent businessman 
Maurice Azan.  On May 31, Richard Azan, criticizing the 
duration of the PSOJ's May 25 half-day business shut-down, 
declared in Parliament that "If we are going to do something, 
let us do it right and if we are going to sacrifice 
something, let us sacrifice for a day."  Noting that some 
businesses are only open for a half day on Wednesdays anyway, 
Azan said, "Don't come with a face card that you are going to 
close and you close the same time that you used to close". 
Responding to the PSOJ's call for parliamentarians to sign on 
to the declaration, Azan demanded that business organizations 
publish the names of all persons to whom they pay extortion, 
arguing that businesspersons who pay extortionists are also 
responsible for crime in the country. 
 
8. (C) On June 3, Delroy Chuck, MP and Opposition 
Spokesperson on justice issues, told Poloff that nothing 
would come of the PSOJ declaration, and labeled as ridiculous 
the PSOJ's contention that MPs associate with alleged gunmen 
and criminals and thereby contribute to Jamaica's crime 
problem.  He dismissed the PSOJ's announcement as a "bland 
and foolish statement," adding that he would not sign the 
declaration as written.  On June 5, former JLP Leader and 
former Prime Minister Edward Seaga chimed in on the GOJ's 
response to the PSOJ's declaration by stating, "Now that the 
Government has agreed to act under threat, a condition I 
never believed Prime Minister Patterson would accept, it is 
likely there will be bolder involvement by public interest 
groups than before." 
 
9. (C) Seaga applauded the PSOJ for generating a higher level 
of outrage and for calling for greater accountability in the 
fight against crime.  Unintentionally contradicting Chuck, 
however, he predicted that the PSOJ measures would have no 
enduring benefit because the protest is based on a false 
assumption that crime would subside if politicians and 
criminals ceased interacting with each other, as Chuck 
insisted they do not.  Seaga, who represented - and 
effectively controlled - the notorious West Kingston 
"garrison" constituency in Parliament for 42 years, noted 
that the roots of crime involve many factors, some of which 
can be traced to private sector activities.  Seaga opined 
that those who wish to take a more active role in pressing 
for the reduction of crime, particularly violent crime, must 
understand that the real problem is much deeper than the 
"action/reaction" cycle that has been the pattern over the 
years. 
 
10. (C) On June 8, Noel daCosta, President of the Jamaica 
Chamber of Commerce, told Poloff he was optimistic that 
something would come of the PSOJ's actions.  He stated that 
murder has become no longer isolated in poorer communities. 
He noted that the solution must come from every member of 
society and the government must have the will to persevere. 
He also maintained that the U.S. unfortunately at times 
"contributes to the problem by putting aid in the wrong 
place," encouraging the government to apply "Band Aids" 
rather than formulating real solutions to problems.  DaCosta 
said that he is privately encouraging all MPs to sign the 
PSOJ declaration.  He added that he hoped it did not "take 
the death of an MP" before parliamentarians agreed to take 
strong measures to combat the crime problem. 
 
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Comment 
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11. (C) In Post's view, the PSOJ initiative (whatever its 
genesis) has stirred up a healthy public discussion of 
Jamaica's record murder rate.  It has also shone a welcome 
light on the widely known but little-acknowledged web of 
relationships among some in the island's "respectable" 
business class, not a few of its political figures, and the 
criminal underworld.  For the PSOJ, focusing public outrage 
in a way that will force real change, may be the hardest part 
of its uphill struggle. 
 
12. (C) While the PSOJ initiative was leading the news, for 
example, a prominent Kingston businessman received widespread 
favorable coverage for publicly urging his peers to stand up 
to extortionists as he maintained he had been doing.  Days 
later it emerged that the same businessman's wife had posted 
(considerable) bail in 2004 for Donald "Zeeks" Phipps, 
considered to be the criminal leader of a downtown Kingston 
enclave famously loyal to the ruling Peoples National Party, 
and who is currently in police custody on different charges, 
possibly to include two for murder.  (The clearly embarrassed 
businessman explained that he had known Phipps family for 30 
years, that they had requested the simple favor, and that 
posting bail for "Zeeks" did not constitute endorsement of 
Phipps' alleged misdeeds.) 
 
13. (C) Unfortunately, this type of dissembling by those who 
should know better, is not uncommon.  JLP MP Delroy Chuck, a 
former Rhodes Scholar and one of the brightest minds in 
Jamaican politics, mentioned to us in a separate discussion 
that he had very reluctantly agreed to meet with a recently 
returned criminal deportee from the U.S. who was attempting 
to control the extortion racket in an economically depressed 
part of his constituency.  Not long afterwards, Chuck 
publicly dismissed the PSOJ's contention that some MPs 
associate with criminals.  End Comment. 
TIGHE