GOVERNMENT
TACKLING GLOBALLY-ROOTED CRIMES
BY PREM MISIR, Ph.D.
The Regional and Global factor
Political Link to
Criminality
US Criminal Deportees
Organized Crime
Law Enforcement
Efforts
The
Government’s initiatives
What
All This Means
Stabroek News has failed. It has failed fundamentally to
link the substantial criminal activities to regional drug
trafficking, money laundering, and racketeering, inter alia;
it has failed to observe the global roots of criminality;
it has failed to see the local political link to criminality;
it has failed to present the considerable efforts exerted
by both the Guyana Police Force (GPF) and the Guyana Defense
Force (GDF); it has failed to acknowledge the public’s
assistance rendered to law enforcement personnel; it has
failed to understand the active role of the Government in
maintaining law and order; and it has failed to acknowledge
its own daily diatribe used to undermine public confidence
in law enforcement activities. These are some thoughts on
the Stabroek News’ Editorial of September 1, 2002.
The
Regional and Global factor
Any discussion of some of the execution-style killings in
Guyana must make the connection with Guyana as a possible
drug transshipment route to North America and Europe. Acting
Resident Representative of the United Nations Drug Control
Program Flavio Mirella said that about US$3.2 billion in
illegal drugs was trafficked through the Caribbean in 2000.
Former President of the Caribbean Development Bank Sir Neville
Nicholls pointed out that “In the Caribbean, the link
to drugs and crime is clearly documented and if not fought
on all fronts, there is the potential of undermining the
rule of law.”
The region’s crime situation is not
much different from Guyana. We know of the current Jamaica
scenario. But only in 2000, Jamaica experienced close to
1,000 murders. Between 1990 and 1999, there were 7,621 murders
in Jamaica. For the same period, Guyana had 1,100 murders.
A Barbados Extended Bulletin in 2001 indicated that Barbados
has had an increase in crime over the last five years, and
due to the escalating crime rate, the Government developed
a 10-point strategy for addressing crime. A Washington Report
on the Hemisphere 18-11 noted Trinidad and Tobago’s
increasing violent crime rate of which 70 percent involved
drugs. Murders total 99 for Trinidad and Tobago for this
year so far. Police in Curacao confirmed that 28 killings
were committed since the beginning of 2002, and most of
these were execution-style killings. Curacao has experienced
a large number of drug seizures over the last few years.
Clearly, then, a diagnosis of the crime upsurge in Guyana
needs to factor in the ‘regional’ variable,
otherwise the solution and prognosis of this criminality
will be way out of whack.
The Caribbean Community (CARICOM), noting
the penetrative nature of crime in the region, has initiated
attempts to stop the upsurge in crime. A CARICOM Regional
Task Force on Crime and Security was set up at the Heads’
22nd Meeting in Nassau, Bahamas in July 2001. Recently,
at the Head’s 23rd Meeting in Georgetown, Guyana,
in July 2002, the Chairman of this Task Force presented
a report. The Heads having reviewed this report, subsequently,
issued a statement a month ago. The statement said, inter
alia, that “Recognizing that security threats, concerns
and challenges in the hemispheric context are multidimensional,
the Regional Task Force on Crime and Security sought to
find a formula to ensure more effective, preemptive and
response measures to the upsurge in crime and threats to
security, at the national and regional levels.” CARICOM
also in this statement has recognized drug trafficking and
deportees, among others, as fundamental causes of crime
in the region.
Political
Link to Criminality
Daily political challenges to democracy, manifested through
terroristic behavior, are the order of the day in Guyana.
These political challenges are in unison with criminality
that recently has induced an unholy upsurge in criminal
activities. In order to sustain these challenges, the relevant
political elements give the society a periodic dose of ‘intimidation
transfusion’ to create terror in the hearts of innocent
Guyanese. This political link to criminal behavior is not
only the condition that accelerates the crime wave, but
this condition motivates and remotivates criminals to believe
that a political comfort zone exists to provide the necessary
refuge for them when appropriate.
Some pieces of information extracted from
the print media impose a burden on the People’s National
Congress/Reform (PNC/R) to explain the vortex of turbulence
in the society. Some informational pieces now follow:
*The PNC/R “is in the business of trying to get the
government of the day out of office. There is nothing wrong
with any statements which say that as an opposition party,
we are attempting to remove the government” (Raphael
Trotman).
* “Raphael Trotman had sparked furor when he had declared
that the PNC/R should take responsibility for the July 3
invasion of the Office of the President” (Press headline).
*“Disappointing is the fact the PNC/R,
which is always quick to condemn police action against criminals,
has so far remained silent on the most recent destruction
of private property and an attempt to murder an entire family
by bandits” (PPP/C Statement).
*People’s Progressive Party General
Secretary Donald Ramotar said of the PNC/R, “They
are calling criminals heroes and putting flags on their
coffins and they were encouraging persons to fight the police.”
* The ‘kith and kin’ notion
used by the PNC/R Leader.
* PNC/R making the country ungovernable.
* Use of the ‘slow fire’ phrase
by the PNC/R during the last election campaign.
* Leaflets inciting violence against Guyanese.
* Evidence of a PNC/R electoral candidate
inciting violence.
*Information on other aspects of domestic
terrorism (see GINA Website).
Such statements, etc., and indeed, there
are numerous others which will have a relevance in any hearing
on the causes of domestic terrorism in Guyana, a hearing
analogous to South Africa’s Truth and Reconciliation
Commission. Clearly, some political elements in Guyana have
now evolved into the realm of criminality. The result has
been an upsurge in criminal activities, driven through terroristic
behavior. Terrorism is the application of intimidation,
fear, and violence to achieve political ends. What political
ends? The answer is really the process of terrorism being
used by some political elements to bring down the People’s
Progressive Party/Civic (PPP/C) Government, democratically
elected in a free, open, and transparent election in 2001.
The new political link to criminality has to be addressed
on two fronts: need to provide for legislation that will
enable easier prosecutions of the relevant political elements;
and to link up with international law enforcement mechanisms,
conventions, agreements, and instruments for detection,
apprehension, and prosecution of terroristic elements. Through
its signing of the Inter-American Convention Against Terrorism
at the Organization of American States (OAS) General Assembly
Meeting in Barbados last week, Guyana now can access external
support to address terrorism. Guyana, also, could access
support to detect, apprehend, and prosecute terrorists,
through the United Nations Security Council resolutions,
conventions, and international agreements.
US
Criminal Deportees
An area of concern in the battle against crime is the gradual
inflow of criminal deportees. Let’s examine the source
of the US criminal deportation. The Illegal Immigration
Reform and Immigrant Responsibility Act (IIRAIRA) of the
US signed into law by President Clinton on September 30,
1996, introduced sweeping changes in immigration policy
since the 1920s. The IIRAIRA Criminal deportees from the
US to Guyana and the Caribbean have been convicted of aggravated
felonies. There are two types of aggravated felonies –
category crimes and sentence crimes. Category crimes are
seen as aggravated felonies regardless of the sentence involved.
Sentence crimes refer to those aggravated felonies that
necessitate an imposed sentence of at least one year. Some
specific crimes of violence have been used as a basis for
deportation. Crimes of violence – this type of crime
is an offense that involves the use, attempted use, or threatened
use of physical force, or any other offense that is a felony
involving a substantial physical force against the person
or property may be utilized.
Crimes of violence are murder, physical assaults, drug trafficking
crime, and illicit trafficking in firearms or destructive
devices. Other crimes of violence considered aggravated
felonies are felony drunk driving; aggravated driving under
the influence; arson; involuntary manslaughter; criminal
contempt; criminally negligent child abuse; sexual abuse
of a minor; and statutory rape. These are all deportable
offences for both legal permanent residents (Green Card
Holders) and illegal immigrants.
Criminal deportees from North America have been a factor
among other factors in the new crime wave in Guyana and
the Caribbean. Indeed, criminal deportees have been intensively
socialized in the criminal fields in the US. These deportees
are in full possession of their US criminal tool kit. Indeed,
their criminal training in a developed society gives them
an advantage in the pursuit of criminal activities over
Guyana’s local petty home-grown criminals.
Griffith (2000) pointed out that criminal deportees have
produced an upward change in crime trends in Guyana. In
fact, Nolan and Rosales (1998) noted that a large number
of deportees are hard-core criminals, and their return to
their home countries has contributed to gang violence and
to increased drug-trafficking in the region. Taylor and
Aleinikoff (1998) indicated that foreign diplomats report
that the return of deportees is the main reason for penetratingly
rising crime rates in the Caribbean and Central America.
An official at the daily Gleaner said that “the island
suffered one of its bloodiest years in 1996 in part because
of the return of dangerous criminals. The 925 people murdered
topped the 889 people killed in 1980 during the island’s
worst election year” (1999).
Deportees with such criminal backgrounds who are posted
back to Guyana and the Caribbean invariably will continue
with the criminal lifestyles learnt in the US. The deportees’
criminal activities in Guyana have not comprehensively been
presented to the public. Clearly, a network of relationships
grounded in criminal behavior exists among some deportees.
Network rather than individually-produced crimes tend to
have greater sustainability and productivity, and therefore,
the network factor must be injected in any crime-fighting
tactics and strategy.
Organized
Crime
Again, the many execution-style killings over the last few
years cannot only be explained through race/ethnicity. Some
may be targeted murders in the killing fields that signal
the increasing presence of organized crime. This is another
area of concern in the recent rise in criminality. Organized
crime is bigger than the local police or military. Organized
crime has global roots. Organized crime is the work of a
group that controls relations between criminal enterprises
engaged in narcotics trafficking, prostitution, gambling,
racketeering, fraud, and the infiltration of authentic business.
It distributes territory, fixes prices for illegal goods
and services, and would even perform the arbitrator’s
role in internal disputes. We must understand, too, that
the operations of organized crime are increasingly global,
especially in the area of drug trafficking and money laundering.
Attempts to curb the illegal drug trade
have shown that these criminal organizations may very well
have partnerships with similar type of criminal organizations
in other countries, or may be a part of global crime cartels.
Not long ago, the fact that the largest cocaine bust in
Guyana, 6,940 pounds, aboard MV Danielsen demonstrated the
immense technical attention paid to concealing this illicit
drug, indicates that Guyana is a major transshipment route
for the international drug trade. Some execution-style killings
are generally selective and targeted and must be understood
within the context of global crime cartels. To limit the
explanation of these serious violent crimes to the race
factor and not linking it to the Caribbean, demonstrates
minimum understanding of targeted killings and the global
roots of crime, and would incorrectly reorient the local
criminal justice system on to a path that de-monitors organized
crime. In a small society as Guyana, organized crime can
be quite visible, as seen in some recent gruesome killings.
The race card will not work here, as it will lead us in
the wrong direction in the pursuit of solutions to the increasing
spate of crime.
Law
Enforcement Efforts
Government has placed crime fighting as its number one priority
at this time. Currently, there are Joint Police-Army task
forces involved in intelligence gathering and special operations.
The Army personnel assist the police in working the highways,
villages and backlands. The process of National Consultations
on Crime, involving the major stakeholders, is underway.
The results of these Consultations will further inform and
enhance the strategy and methods of law enforcement. The
Consultations process should be completed in a month’s
time.
The
Government’s initiatives announced on June 7, this
year include the following:
1. The sum of $100M will be made available immediately to
the Guyana Police Force to enhance weaponry, protective
equipment and gears, transportation and communication facilities.
The $100M is added to the 2002 budgetary allocation. A similar
amount will be budgeted in 2003 and 2004.
2. A complete reform of the Intelligence Sector is underway.
3. A specialised training center, focusing on modern anti-crime
tactics and methods, for police and other law enforcement
personnel, will be set up.
4. A special crime unit modeled on the ‘SWAT Team’
will soon become a reality.
5. Community policing groups now will have a dedicated unit
within the Guyana Police Force for the purposes of funding,
equipment, etc.
6. Review of existing crime legislation currently is being
effected.
7. The issuance of gun licenses is being fast-tracked, especially
for the business community.
8. An enhanced welfare package for the police already is
place; this includes the placement of $20M in a Fund for
dependents of police killed in the line of duty, and a $1M
payout immediately to each family of a police killed in
action.
What
All This Means
This all-pervasive criminality is not tinged by race but
by the self-perpetuating conspiracy that functions for profit
and power, and that endeavors to obtain immunity from the
law through fear, corruption, and murder.
It is this ubiquitous criminality, addressing the areas
of concern herein outlined, that the criminal justice system
in Guyana needs to address. The Guyana criminal justice
system has to be linked globally, and for starters with
CARICOM. The international lens is now needed to focus on
crime that today is connected to political elements manifested
through terroristic behavior, and to organized crime with
global roots. Law enforcement agencies now have to reorient
their thinking, capacity and methods to addressing an exclusive
type of crime grounded in domestic terrorism and drugs.
This type of criminal rejects the societally-approved cultural
goals and the institutional rules necessary for advancement,
and creates new goals and new procedures. These unlawful
creations are tantamount to rebellion.
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