Saturday, June 16, 2007

Island Issues - social issues affecting us all.

Public safety. Community relations. Social issues

2 comments:

myvirginisland said...

CRIME IN THE BVI
What needs to be done.

September 20, 2005

I wrote this article in anger after the shooting of my friend and colleague Kendoy Penn. It was written in 2005 but never published. After yet another senseless killing in the BVI, i decided it was time to share it.

Once again the British Virgin Islands is wrapped up in paroxysms of anxiety about a crime problem spiraling out of control. A prominent young attorney has had his life drastically changed by the bullets of would-be killers. Two immigrants are found dead under suspicious circumstances. A lottery ticket seller is paralyzed by the bullets of armed robbers. The reactions have been predictable: press conferences, prayer, and outrage. The same as the last time, except more so. Why should anybody believe that anything will come out of these reactions? The past suggests that nothing will happen, nobody will be caught and punished, and another set of killers will fade obscurely into the background in this small community of some 25,000 people.

Things will only change if leaders can motivate change. How can this be done? By leading. How else? However, to lead, you have to recognize the facts and be prepared to do what is necessary even if it means offending certain people and even if it means that a great deal of money will have to be spent.

The fight against crime in a small island chain such as the BVI is always going to be expensive. The cost of doing nothing is even more expensive. This must be our number one priority, or else nothing else will matter.

There are several areas of public administration that must be addressed in order to make a meaningful positive impact in the fight against crime. These are as follows:

1. Immigration – Above all else, it must be accepted that the BVI Immigration Department is a law enforcement agency and not a tourism or public relations agency. The objective is to control our borders to exclude persons who present danger to the community or whose presence is otherwise undesirable.
a. It must be recognized that the British Virgin Islands has limited resources to devote to the intelligence required to bar undesirable persons from entering the territory. Every means should be used to avail ourselves of established safeguards. Visa restrictions, passports, provide established means of identification and verification of character.
b. Passports – every individual entering the British Virgin Islands should be required to present a valid passport. This is standard practice in most developed countries. A person who can not or chooses not to obtain a passport should preclude their entry to the BVI.
c. Visas – Visas should be required of persons from certain countries where a dangerous criminal element (defined as violent crimes against the person, drug trafficking and money laundering) exists. The visas should be issued by the United Kingdom on our behalf as the UK as part of their own visa requirements has the resources to screen these individuals whereas the BVI does not have the intelligence apparatus to do so. No concessions to Caribbean unity or other international outcry should be allowed. Special attention needs to be given to dangerous deportees from other Caribbean islands. The BVI must make use of databases identifying these individuals and every means must be used to remove them from our midst and to restrict their future entry.
d. Overstaying – Persons who violate BVI immigration law by overstaying their leave should be deported, subject only to a hearing before an Immigration board, which should consist of the Chief Immigration Officer, a senior British Virgin Islands police officer, the Chairman of the Immigration Board. Once the appeal has been heard, the decision should be final.
2. Labour
i. No person who is the subject of not actively employed should be allowed to remain in the British Virgin Islands
ii. Persons holding work permits must be actively employed full time and solely for the work permit holder as long as the work permit is valid.
iii. Employers should be made liable for permitting a person employed by them on a work permit to work for another person. Penalties should include forfeiture of the work permit and a severe monetary penalty.
3. Illegal trafficking of human beings – This is a serious offence and should be treated as such. It is an offence against the security of the territory. Penalties should be stiffened to include life sentences for repeat offenders. Any person who has acquired British Virgin Islands status and convicted of such an offence should have such status revoked and should be deported.
4. Quality of life crime – Certain crimes offending against societal norms, e.g. prostitution, gambling, dog fighting, cockfighting etc often go unpunished. An atmosphere of tolerance of criminal activity breeds contempt for the law. Either laws creating these crimes should be taken off the books or the laws should be enforced. It has been proven in places such as New York City that a crackdown on such minor criminal activity leads to a general decrease in the rate of crime for more serious offences.
5. Ghetto culture – A new lifestyle has taken root in the BVI and indeed elsewhere in the Caribbean, and that is the adoption of the “thug life” of the American inner cities. It is glamorized in music videos on television channels such as MTV and BET. It glorifies gratuitous violence, debasement of women, drug use, and spending money from street crime. This has led to an attitude of entitlement to money and wealth without work, and an acceptance of conspicuous consumption regardless to the source of money, even if it is known to be from drug trafficking. Unless this type of lifestyle is censured by leaders at the highest level and youth are provided with countervailing values, the ghetto culture which breeds miscreant behaviour affecting the schools and the wider community, will continue to grow with predictably disastrous effects on society. The danger presented by these images is a worry to right-thinking African-American leaders in the United States at present. We should be at least as concerned. At the very least, a directive should be given to BVI Cable TV to remove these channels from the program lineup .
6. Money laundering – There is a great deal of money laundering going on in the British Virgin Islands. Most of the money laundering relates rehabilitating the proceeds of the drug trade. The evidence is all around us. Witness the great displays of wealth by persons whose employment could never support the level of their consumption, or whose capital purchases were not financed through normal financial institutions. Favorite channels for money laundering have included car rental agencies and heavy equipment and apartment buildings built by cash. If the BVI authorities are not prepared to confront those who launder money in this way, all other efforts to stem the drug trade and combat the threats posed by the trade will be for naught. In the BVI, the prevalence of money laundering is obvious. However, rather than tackle the issue, the Government may often be an unwitting partner in the problem through contractual relationships with persons whose businesses and equipment represents assets bought with the proceeds of criminal enterprise.
7. Firearms
a. The BVI has some of the strictest firearms laws on the books. However, the proliferation of illegal weapons has gone virtually unchecked for a long time. Their importation is made easy by the open ports and the close proximity to territories such as the United States Virgin Islands and St. Maarten, where handgun purchases are less tightly restricted. It is also widely believed that a number of handguns are being imported by businesspersons hidden in their consignments of dry goods, and later sold to members of the public. It is clear that the only way to reduce the inflow of illegal weapons must be by increased surveillance at the ports and on the open waters and by greater interdiction capabilities, through better detection using metal and chemical sensors.
b. Penalties – Seldom are gun criminals given severe sentences. In fact, a non-British Virgin Islands youth who imported more than 400 rounds of ammunition by purchasing it on the Internet was given a suspended sentence by the court. Recognizing the potential mayhem that could have been caused if the ammunition had been used, it is clear that course he should have been imprisoned for a very long time and then deported at the end of it all. Either we are prepared to send a clear message or we are not. Suspended sentences for gun crimes is sheer lunacy.
8. Police – A well trained, adequately manned and properly equipped police force is one of the most important factors in fighting the scourge of crime
a. Personnel – There needs to be an assessment of the current force in terms of skills, capabilities and character. It is clear to me from my experience as a defence attorney and also as a lecturer to the Police Force, that many members of the force are not equipped for the job in terms of basic intellect and aptitude.
i. As with any organization, those members who are not capable need to be furloughed or removed to a level of responsibility commensurate with their true skills. There should be no social promotion.
ii. In terms of character, those officers whose own behaviour falls short of the ethical standards required of a peace officer should be removed. Those found wanting and who are not British Virgin Islanders should be deported. Any institutional tolerance for crooked policemen will only breed mistrust of the police force as an institution. Corrupt officers must be prosecuted and punished to the fullest extent of the law. No longer should a blind eye be turned in the presence of corrupt officers who actively or passively facilitate the commission of crimes in the British Virgin Islands.
b. Tactics
i. Much has been made about promoting “community policing”. By this is meant collaboration between the police and the community with officers working together with residents at the neighborhood level. It will not work unless the community trusts the police, which in turn will not happen if the public suspects that police are in league with criminals or protecting them, or if the public suspects that the police may “sell them out” to their criminal paymasters.
ii. Besides community policing, there is a need for current crime eradication by trained officers whose focus is only on catching criminals and bringing them to justice. The BVI needs highly trained SWAT units to confront criminals on their own terms and bring them to justice. It is hopeless to believe that regular officers with very little training in weapons and tactics are going to wish to confront killers. This has to be done by men trained for the job and motivated to do it.
9. Leadership –
a. The man on the street has firm views about crime. He wants to see it brought under control. He expects that those in position to lead will lead and see that the work is done. However, let us be frank, leadership is not easy and it can exact a heavy cost in terms of popularity. Those not prepared to lead or participate in the fight against crime must step to the side and let those prepared to lead do so.
b. We must take into consideration the sources of our problems, and be prepared to take the steps necessary to remedy them, and be prepared to be ruthless in our execution. Force does not take one step backward except in the face of more force. Praying about it is not going to change anything. Public relations will not change anything either. We have a serious crime problem here in the British Virgin Islands and we need to deal with it, even if the whole world learns about it. This is one secret that Nature’s Little Secrets will not be able to PR and finesse. We should not even try. Let’s stop putting lipstick on this pig. We must act.
10. A convincing expression of outrage is the first step. The next steps need to be to take the necessary measures to prevent further crime by removing criminals from our midst, and actively and effectively hunting down killers and would be killers, and effectively prosecuting them and finally, by punishing them in terms that they can understand – long prison sentences (including removal to UK prisons), property forfeiture, and deportation where appropriate. The time is now and the public demands nothing less.

samflutch said...

The Home Island majority of occupants are of descents of the first accompanying party of Japanese, Sumatra, Chinese, Papuan, Indian and Malaysian that came with the Clunies-Ross and Alexander Hare.
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samflutch
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