System Scope

Jamaica has an oversight system which was established at the time of independence and the creation of the Constitution in 1962 and it has been built upon since. The system is comprised of following five institutions:

1. Auditor General’s Department;
2. Ministry of Justice (Attorney General, Director of Public Prosecution, Internal Audit)
3. Contractor General
4. Public Defender;
5. Integrity Commission

 

(1) Auditor General’s Department

The Constitution establishes the Auditor General’s Department with the aim to promote transparency, accountability and best practices in Government operations and activities (Chapter VIII; Sections 120 to 122).

The Auditor is appointed by the Governor-General by instrument under the Broad Seal (Section 120). The Financial Administration and Audit Act stipulates responsibilities of the Auditor General which include ensuring: public accounts are faithfully kept (Section 122); procedures in place to check the assessment of the revenue and other receipts of the Government; payments with public money are in keeping with their original purpose as intended by Parliament; records are kept regarding Government property; effectiveness of programmes and services is measured (Section 25 (1) (f)); reporting suspected case of irregularity (Section 26).

Each department has its own system of internal audits to examine financial transactions and accounts of the department (Section 34 (1)). The officer stationed in a department makes quarterly reports to the Financial Secretary.

When carrying the responsibilities, the Auditor General has the right to access information in all formats managed by any Government officer and can summon and question/interview a public officer on the topic of the issue and receipt of government resources. If the requests of the Auditor General are not met, this could result in sanctions imposed on the Government officer.

 

(2) Ministry of Justice
See>>

The Ministry provides a justice service and promotes the respect for rights and freedoms as well as the awareness of individual responsibilities and civil obligations. Within the Ministry, there are departments and agencies handling different issues. Outlined below are three departments and one agency which focus on or are involved in corruption prevention:

 

Attorney General
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Attorney-General is the principal legal adviser to the Government of Jamaica (Chapter VI Executive Powers Section 79). The power to appoint a person to hold or act in the office of Attorney-General and to remove from that office is exercised by the Governor-General acting in accordance with the advice of the Prime Minister. Pursuant to the Crown Proceedings Act all civil proceedings by or against the Government are instituted in the name of the Attorney General. The Attorney General carries out various functions and powers, and they may initiate or intervene in certain legal proceedings of a public nature.

 

Director of Public Prosecution
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The Director of Public Prosecutions, established under section 94 of the Constitution, has the power to initiate, take over and discontinue criminal proceedings in line with the Corruption (Prevention) Act, and the Parliament (Integrity of Members) Act. It is a public office and is a Department within the Ministry of Justice.
The aim of the Department of Public Prosecutions is to provide the Jamaican public with an independent and effective prosecution service. The DPP prosecutes complex cases or those of “exceptional public interest” and gives advice to the public, government agencies and law enforcement personnel. Within the DPP, there are specialised units, one of which is the Corruption Prevention & Coroners Matters and Contractor General which works in the prosecution of corruption cases. The more complex cases are referred to the Resident Magistrate’s Court. This Unit also provides advice to the Crown’s Counsel. Office of Department of Public Prosecutions (Agency of the Ministry of Justice) is authorized, at its own initiative, to assume and terminate prosecutions in all courts in Jamaica (Section 94).

 

Internal Audit
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It is a department within the Ministry of Justice. It is guided by the Financial Administration and Audit Act, Standards for the Professional Practice of Internal Auditing and the Code of Ethics. The aim of the department is to support the Ministry of Justice in its objectives by evaluating and improving the effectiveness of risk management, control and governance processes. The internal audit reviews records of the Ministry and its departments and agencies and provides reports and/or advice on the results which are communicated to the appropriate management.

 

(3) Contractor General
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The Contractor General (CG) is an independent, anti-corruption Commission of Parliament established by the 1986 Contractor General’s Act. The Contractor General is supported by the Office of the Contractor General (OCG) in administrative, secretarial and personnel areas. The main function of the CG is to monitor the “grant, issue, suspension or revocation of any prescribed licence” as well as its implementation. Based on findings of investigations carried out by the Office of the Contractor General, the Contractor General makes recommendations to the Ministers of the institutions investigated.

 

(4) Public Defender
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The Public Defender Commission, previously known as the Office of the Senior Parliamentary Ombudsman and set up in 1978, was established by the Public Defender (Interim) Act of 2002 which stipulates that for the purpose of protecting and enforcing the rights of citizens, it establishes a commission of Parliament which shall be known as the Public Defender (Part II). The Public Defender shall be appointed by the Governor-General in consultation with the Prime Minister and the Leader of the Opposition.

Functions of the Public Defender (Part III) include investigate actions of an authority or an officer or member of such authority, in exercise of the administrative functions of that authority which caused an individual to sustain injustice. The Public Defender may conduct an investigation into any reports or complaint made to a Service Commission in respect of the appointment, removal, promotion, disciplinary control or other personnel matters in relation to any person.

An investigation may be undertaken by the Public Defender on his own initiative or on complaint made to him pursuant to section 24 (Part IV). If the Public Defender finds evidence of a breach of duty, or misconduct by a public officer or member of an authority, the Public Defender informs the authority involved in the investigation and makes recommendations as to what action should be taken. The Public Defender presents an annual report to Parliament on all its activities carried out.

 

(5) Integrity Commission (the Commission)
See>>

The functions include receiving, recording and examining statutory declarations from Parliamentarians as well as to investigate these declarations when necessary. Furthermore, the Integrity Commission receives information on acts of corruption involving Parliamentarians and has the responsibility to investigate these.

 

Section 3 of the Parliament (Integrity of Members) Act 1973 establishes the Integrity Commission which receives the annual statutory declaration of Parliamentarians from both Houses of the Parliament on their assets and liabilities, and salary.

Functions of the Commission include maintaining a record of the statutory declarations and examining and investigating them as necessary. The Commission also has the power to call witnesses and documentation considered necessary for carrying out their functions The statutory declarations and all matters relating to them are secret and confidential. If the Commission does not receive a statutory declaration from a Parliamentarian or a declaration is not deemed satisfactory, the Commission can request further information and make enquiries. The Commission then presents a report on the matter to the Prime Minister and the Leader of the Opposition, the Speaker of the House and President of the Senate (Parliamentary Leaders), these Leaders can then take action as appropriate which can include the publishing of the information and presenting it to the DPP, the police, a officer of the court or other Parliamentary Leader. The Director of Public Prosecutions must provide written approval for prosecution of offences established by the Parliament (Integrity of Members) Act.

The Commission can investigate allegations it receives about acts of corruption carried out by public employees, and determine whether there is a case or not. The Commission also has the power to decide on whether a hearing into the case should be held.

The Parliament (Integrity of Members) Act 1973 establishes the Integrity Commission (Section 3) whose functions include (a) to receive and record the statutory declarations of the Parliamentarians; (b) to examine these declarations, and request information from the Parliamentarian which assist the Commission in its examination; (c) to make such independent enquiries and investigations relating to a statutory declaration as they think necessary (Section 5).

Background

In 1994, Jamaica, following in the footsteps of the UK, drew up the Citizen’s Charter Programme which involves government agencies setting out a document outlining the standard of services and their delivered to the citizens. The aim is to raise public awareness on what the general public should expect from government entities to promote accountability for the services they provide. Approximately 108 out of 212 government entities have published citizen’s charters which are monitored to ensure the entities are complying with the standards they set themselves.

Two years later, Jamaica signed the Inter-American Convention on Corruption which initiated further activities to strengthen transparency and accountability within government:

 

National Contracts Commission (1999)
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In 1999 the Contractor-General Act was amended to create the National Contracts Commission (NCC), an independent anti-corruption Commission supporting the independent Parliamentary Commission of the Contractor General. The NCC aims to improve the efficiency in the award and implementation of Government contracts as well as their transparency and equity. The functions of the NCC include supporting recommendations for Government contract awards which are 10 million Jamaican dollars in value, as well as registering contractors interested in tendering for government contracts, ranking them in 30 skills areas, and making recommendations to Cabinet on ways to improve the efficiency of procedures for granting and implementing government contracts.

 

Corruption (Prevention) Act and the Commission for the Prevention of Corruption (2000)
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In response to the ratification of the 1996 Inter-American Convention on Corruption, Jamaica approved the 2000 Corruption (Prevention) Act and 2002 Corruption (Prevention) Regulations which establish and regulate the Commission for the Prevention of Corruption (the Corruption Commission) respectively. As an agency of the Ministry of Justice, the Corruption Commission is responsible for receiving and registering the statutory declarations of public employees regarding their assets, liabilities and income which total over two million Jamaican dollars. It also has the power to decide on whether a hearing into the case should be held. Parliamentarians and members of the Corruption Commission are an exception in that they provide their declarations to the Integrity Commission instead of the Corruption Commission. These declarations are not made public.

The Corruption Commission also has the role of receiving and investigating information on acts of corruption carried out by public employees to determine if there is a case or not. It can also initiate investigations of its own accord. Again, investigations relating to Parliamentarians are handled by the Integrity Commission.

For more information, please click here.

 

The Public Sector Modernization Programme (PSMP) (1996-2002)

Within the Cabinet Office responsibilities is the Public Sector Modernisation Programme which initially began in 1996 with the Public Sector Modernisation Project (PSMP) which had as one of its aims, to strengthen the audit and procurement functions of Government. It is under this Programme that the following other modernisation projects have developed.

 

Government at Your Service: Public Sector Modernization Vision and Strategy Medium Term Action Plan (MTAP) (2002 – 2012)
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In 2002, the Government published the Ministry Paper in which the Government outlines its plans for public sector reform including the question of governance. In this area, the government intends to improve public sector standards and tackle corruption by strengthening existing laws, enacting new laws and codes of conduct, and improve the efficiency of institutions and systems that handle corruption cases. This includes introducing a more transparent procurement procedure, strengthening the audits of public expenditure; enhancing parliamentary oversight of standards and conduct; and strengthening the prosecution procedure for corrupt acts. The Ministry Paper also mentions the intention of incorporating an “Ethics and Values” component in public sector educational and training programs to ultimately become part of organizational social norms.

 

Performance Management Appraisal System (PMAS)
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In 2006, under the Governance and Accountability section of the Public Sector Modernization Programme, and as part of the activities set out in the aforementioned Ministry Paper, the Government introduced the PMAS to transform the public sector and ensure maximum performance of government entities. The System is an attempt to create a performance culture through managing the performance of individuals within the civil service to establish a culture of accountability for service delivery. Currently 13 government entities have begun implementing the PMAS.

 

Accountability Framework
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The Government initiated reviews of the accountability framework and in 2008, the Government produced a report for non-publication titled “Strengthening the Accountability Framework for the Public Sector in Jamaica, A Comparative Analysis of Accountability Mechanisms (Jamaica and Canada)”. Two years later, the Public Sector Modernization Division of the Cabinet Office developed an Accountability Framework which outlines responsibilities and expectations of senior executive officers. The Division also published a framework document with emphasis on the Canadian model of accountability, entitled: “Accountability Framework for Senior Executive Officers (Permanent Secretaries, Chief Executive Officers of Executive Agencies and Public Bodies)”. The Framework focus is twofold; first is a government-wide accountability which includes how and what instruments are in place for Government policies to ultimately be converted into institutional actions; second is the individual accountability which entails measuring the performance of public servants and rewarding or sanctioning accordingly as mentioned in the PMAS. The document also looks at Government’s senior executive officers accountability arrangements.

 

Vision 2030 Jamaica (The National Development Plan) (2008)
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Published by the Government, the aim of the National Development Plan (the Plan) is to achieve world-class standards in various areas, one of which is governance. The Plan is made up of three year Medium Term Socio-economic Policy Frameworks (MTF), which has a results-based monitoring and evaluation mechanism, tracking targets and indicators. This mechanism will have participation from Government, private sector, civil society, and international development partners. Its main focuses are: public sector modernization, constitutional reform and strengthening civil society to balance the power of the Government.

The Plan consists of four national goals including “a safe, cohesive and just Jamaican society” which has as one of its national outcomes “effective governance”, which involves strengthening a model of governance by enhancing strong and accountable institutions; transparency in government; and an accessible and accountable justice system.

To achieve these, the Government has confirmed participation of the following institutions: Cabinet Office, House of Parliament, Auditor General, Contractor General, Office of the Ombudsman (Public Defender); introduction of new measures to control corruption for instance criminal sanctions for breaching rules on awarding government contracts; developing legislation to impeach and remove public officials guilty of corruption; developing legislation to protect individuals who provide information on wrongdoings (whistleblowers); and establish a special prosecutor to investigate and prosecute persons involved in corrupt acts.

A popular, shortened version of the Plan can be found here.

 

Office of Special Prosecutor

The Corruption Prevention (Special Prosecutor) Act of 2011 establishes the Office of Special Prosecutor and repeals the Corruption (Prevention) Act and Parliament (Integrity of Members) Act. This Office is in charge of the detection, prevention, investigation and prosecution of corrupt conduct. It also has the function of receiving statutory declarations of assets of public servants and investigating allegations of corruption or suspected cases of corruption. This Office consists of three divisions; Administrative, Investigation, and Legal and Prosecution. It can also make recommendations on relevant legislation complaints procedure and the protection of complainants; promote public awareness on the subject.

The functions of this Office include.

• In administrative terms: record statutory declarations of parliamentarians and public officials, investigate the declarations if considered necessary, receive and investigate complaints or information on possible corrupt conduct or may investigate on its own initiative.
• In investigative terms: investigate cases of possible corruption based on a complaint or at its own initiative.
• In terms of legal and prosecution functions: provide legal advice on possible corrupt conduct, implement procedures to seize, forfeit or recover assets or property related to corrupt conduct.

If the Office is not satisfied with the statutory declaration, it may request further information from the declarant. If the public officer is found to have committed an offence, then the offender will receive a fine and/or a term of imprisonment from the Resident Magistrate’s Court.

E-Government 2010
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E-Government 2010 is a project to contribute to Jamaica’s competitiveness, and enhance efficiency and access in the private, public sectors and in civil society. The project focuses on three areas, one of which is putting fiscal agencies on-line.

In 1999, the Jamaica Government began the Public Sector Modernization Programme to improve government services through Information and Communication Technologies (ICT) to provide Government services electronically and transforming the country into a knowledge-based society. One key benefit outlined by the government is to encourage transparency in government.

The five year Project has four components which include facilitation for an e-procurement and ICT training for 900 individuals and a partial scholarship programme.

• Transparency portal
• Online complaints procedure
• Online procurement process
• Advertising online of public positions

The government is updating legislation to underpin the national modernization process and establish a regulatory framework to cover the electronic business environment.

For more information on the Electronic Transactions Act, click here.

 

Jamaica Public Procurement
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Information on Jamaica public procurement is found on the Contractor-General website. This includes the procurement policy, procurement opportunities, contractors registered with the National Contracts Commission, contracts approved by the National Contracts Commission.

 

Jamaica Information Service
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The aim of the Jamaica Information Service (JIS) is to publish information to raise public awareness and knowledge on Government policies and programs. The JIS is a semi-autonomous organization whose principles are based on strengthening accountability and transparency. Aside from using the internet, the JIS also uses other mediums; television, radio and print media to disseminate information on government activities.

 

Multilateral Institutions in the field of Electronic Governance

The Network of e-Government Leaders of Latin America and the Caribbean (RED GEALC) See>>

La Red GEALC in an initiative created in 2003 as a joint initiative between the Executive Secretariat for Integral Development of the OAS and Institute for the Connectivity in Americas (IDRC/ICA) to promote the “horizontal cooperation between the countries of Latin America and the Caribbean, and to facilitate the exchange of solutions and experts between the two regions”. The Network acts as mechanism of technical and financial support of the electronic government initiatives in various countries of the region. Some of the activities of cooperation are as follows:

• Creation of a database of e-Government experts.
• Creation of the Horizontal Cooperation Fund, FOCOH.
• A library of its own publications.
• 8 virtual working groups through the network’s platform www.redgealc.net
• Training courses of e-Government
• A mechanism whereby the advances on e-Government can be monitored: e-GovMonitor (launched in Dec. 2008)

eGobex (launched in Dec. 2008) functions as an exchanging tool of electronic government among the governments in Latin America.

For more information, click here.

 

Ibero-American Charter on Electronic Government (CIGE)
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The Ibero-American charter on Electronic Government was adopted by the 17th Ibero-American Summit of the state and government officials in Chile in 2007. It is a commitment among the member states to strengthen public institutions and promote modernization of management mechanisms. The objective of the Charter is increment the public services and products to improve the efficiency, effectiveness and the transparency in the public administration.

 

Inter-American Network on Government Procurement (INGP)
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It initiated its activities in 2004 with the Inter-American network of E-Government Procurement. The network also had a gradual training process from the first meetings held since 2003 between the heads of national offices and programs of modernization of government procurement in the Americas.

Later in 2005 became the Inter-American network of government procurement to expand the themes of work and incorporate other initiatives related to Government Procurement in the Americas. The Network aims to create a space for experience sharing to strengthen government procurement practices in the region. The INGP carries out workshops such as online course “Public Procurement Management” and publishes documents on public contracting systems in Latin America.

 

Regional Information System on Best Practices of Public Management in Latin America and the Caribbean (SIPAL)
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This regional system was initiated in the Latin American Faculty of Social Sciences FLASCO-Chile, and is sponsored by the Latin American Administration Center for Development and the Government of Chile. It aims to collect information regarding best practices of public management including institutional transparency, and distribute them to the countries in the region to fortify central public administrations.

A. International Initiatives and Instruments ratified by/agreed to by Jamaica

1. Organization of American States (OAS)

Inter-American Convention against Corruption
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Jamaica ratified the Inter-American Convention against Corruption in 1996 and is State party to the Follow-Up Mechanism on the Implementation of the Inter-American Convention against Corruption (MESICIC) since 2001. The aim of the Convention is to promote and strengthen the mechanisms to prevent, detect, sanction and eradicate corruption among the Member States. 

The MESICIC is an intergovernmental instrument which provides support to the Member States in the process of implementing the dispositions of the Convention. To see the reports on the implementation of the recommendations of the Committee of Experts of the MESICIC, please click on the following links:

1st Round of Analysis
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2nd Round of Analysis
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3rd Round of Analysis
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2. United Nations (UN)

UN Convention against Corruption
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Jamaica ratified this Convention in 2008 which has the aim to 1) Prevent and combat corruption in an efficient and effective manner; 2) Facilitate international cooperation and technical assistance, including the recuperation of assets; 3) Promote integrity, accountability and the management of public assets and resources

 

B. Co-operation Programs with Jamaica financed by international organizations

1. United Nations (UN)

United Nations Development Programme Jamaica Projects (Democratic Governance)
See>>

Building Civil Society Capacity to Support Good Governance by Local Authorities (PNUD) (2010 - 2011)
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The aim of the project is to strengthen civil society and public institutions to improve the oversight of public expenditure at a local level.  This is done by creating the Capacities of the Parish Development Committees to facilitate the financial transparency and accountability of public institutions at a local level as well as support legislation regarding this area.  The project also focuses on enhancing media to ensure coverage of this local government reform and the public expenditure scrutiny at a local level.

 

2. Inter-American Development Bank (IDB)

Joint country financial accountability assessment (CFAA) and country procurement assessment (CPAR) (IADB)
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The main objective of the Joint Country Financial Accountability Assessment (CFAA) and the Country Procurement Assessment (CPAR) is to contribute to the implementation of the Government's Public Sector Modernization Vision and Strategy for 2002-2012 and its’ Medium Term Social Economic Policy Framework. The joint country financial accountability assessment (CFAA) and country procurement assessment (CPAR) teams mainly focus on the ongoing policy dialogue on governance. They also identify and address common systemic issues such as budget preparation and execution.

There is a focus on transparency in the procurement process. One instance is developing a single government e-Procurement portal which streamlines procurement as well as e-Government and e-Commerce policies and permits monitoring of procurement trends. Currently, Jamaica is incurring high opportunity due to lack of integral e-procurement system. In other words, costs in terms of transparency and efficiency are very high. In this sense, this would not only reduce the cost but also enhance the transparency resulting from a single comprehensive and reliable information portal,

Furthermore, the legal and regulatory framework established and being improved upon is to promote transparency in government operations. It aims to achieve a modern regulatory system which incorporates established international practice to enhance the efficiency and transparency of public procurement. Also, in order to ensure the Institutional Framework and Management Capacity, Functional Management/Regulatory Body has its objectives to oversee the consistent development maintenance and application of the regulatory requirements, to monitor the efficiency and transparency of outcomes, and coordinates a comprehensive capacity building strategy.

 

3. World Bank

Public Sector Modernization Project (1996 – 2003)
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The focus of this project was administrative and civil service reform. This project supported government efforts to improve the service quality of certain public agencies; to improve Ministries ability to develop sector policies, technical standards and operational norms; monitor and manage performance; enhance efficiency, transparency and value for money in government services. 

 

Fiscal consolidation for growth and poverty reduction - a Public Expenditure Review (2005)
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This Public Expenditure Review (PER) builds on the commitments of the 2003 Country Economic Memorandum (CEM), and 2002 Country Assistance Strategy (CAS) Progress Report, being its primary objective to assess strengths and weaknesses in key areas of public expenditure, and identify policy options for fiscal sustainability. Jamaica's high debt aggravates debt sustainability and efforts to improve growth. Revenue performance is also a weak element in the country's overall fiscal framework, while the current level of public sector investment is too low to support strong sustained growth. Amidst mounting fiscal problems, the Government has been unable to spend the necessary on social sectors, and this has in turn catalyzed some innovative thinking on how to raise resources, and private sector involvement. Moreover, the effectiveness of the budget as a tool for fiscal policy has been muted by its perceived low credibility.

The report suggests focusing on reconciling expenditure commitments to improve budget credibility, including direct and contingent commitments. This implies increased fiscal discipline, and improved expenditure management across all levels of government. Furthermore, the government should avoid the use of the capital budget as a de-facto contingency fund; rather, it should be a strategic development tool in the context of a live Public Sector Investment Program. Recommendations towards fiscal consolidation and a debt-reducing economic strategy, include reducing vulnerability, and the bilateral debt; increasing revenues and rationalizing Government expenditures to generate further growth; rationalizing education and health expenditures; and, improving the institutional framework for public expenditure management.

 

First Programmatic Fiscal Sustainability Development Policy Loan Project (2010)
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The First Programmatic Fiscal Sustainability Development Policy Loan will support a series of measures to enhance fiscal and debt sustainability, increase the efficiency of public financial management and budgeting processes, and increase tax revenues through improved tax administration. 

Specifically, the loan will support the government’s program through the following areas:

• Enhancing fiscal and debt sustainability. This component aims to increase fiscal consolidation in public sector, improve predictability, transparency and accountability in fiscal management, increase control on public spending and debt generation, reduce debt service burden, and improve debt management. In addition, it seeks to reduce financial vulnerabilities due to the adverse consequences of the ongoing global economic downturn.

 

• Increasing the efficiency of public financial management and budgeting processes. Under this component, reforms include improving the efficiency and prioritization of public investment, strengthening financial management in the public sector, and increasing the effectiveness of government budgeting practices.

• Strengthening tax administration and increasing tax revenue capacity. Policy actions under this component include reforms to enhance audit and control, improve client services for tax payers, broaden the tax base, simplify tax payments, and introduce greater uniformity in tax policy.

 

4. European Commission

9th and 10th EDF Project for Technical Cooperation Facility (2007–2012)
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This cooperation is to assist the Government in implementing its National Development Strategy with financial support from the European Development Fund as well as to ensure a coherent and informed approach to development and trade issues.  This involves conferences, seminars and other training activities on development.  Also, technical assistance is provided for studies, audits and monitoring within the priority sectors of the National Indicative Programme. Focal sectors in this programme include improvement of governance, efficiency and effectiveness in the public sector.

For more information, please click here and here for the programme.

 

EU-Jamaica (2008) Annual Operational Review 2009
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In 2008 the European Commission and the Government of Jamaica produced the Country Strategy Paper for the 10th European Development Fund (EDF).  This Review outlines the performance of the projects receiving financial support from the European Commission.  Among the projects mentioned, one focuses on Transparency which outlines the activities carried out to implement the Access to Information Act, and the Corruption Prevention Act.

 

5. Caribbean Community and Common Market (CARICOM)

Conference on the Caribbean in 2007: A 20/20 Vision – A Strategy Against Corruption
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Conference on the Caribbean was held in Washington DC in June 2007 in order to present a strategy for fighting corruption in the Caribbean. In order for CARICOM to achieve its growth and progress objectives, the level of trust and respect among its constituent members must be optimized as corruption undermines essential cohesiveness. The Strategy urges member states to apply the tools to prevent and act against corruption. The Strategy outlines several characteristics of corruption in the Caribbean and proposes a minimal anti-corruption agenda for the CARICOM members.

National Tools

"Fostering Transparency and Preventing Corruption in Jamaica” (Carter Center)
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The second edition of this guidebook is to be used as a tool to understanding transparency and its value in Jamaica and in an international context.  It is comprised of seven articles tackling the topics of transparency and access to information.  The first looks at the decline in traditional forms of representation, new forms of citizen participation and how transparency initiatives can succeed with the strengthening of institutions of authority and representation.  The second article focuses on stemming corruption, safeguarding democracy, and human security.  The third sets out a three-pronged approach to reduce and prevent corruption which includes encouraging public education to enhance citizen participation in this area.  The fourth article examines government ethics laws, for instance the conflict of interest, as part of a comprehensive anti-corruption strategy.  The fifth article assesses the Access to Information Act, 2001 in the context of a balance between publicly held documents and privacy protection, and makes recommendations.  The sixth article uses case studies to illustrate how laws on access to information are successfully used to fight discrimination, influence policy decisions among others. The article provides a guide to the passage, implementation and enforcement of an Access to Information Act.  The final article outlines the history of the passage of the Access to Information Act, 2001 and reminds the reader of its underlying principles including accountability, openness and public participation.

 

Country Data Report for Jamaica (World Bank) (1996–2009)
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This indicator is the result of opinions of different persons who work in a range of fields from the public and private sector and who responded to different questionnaires which were carried out in developing as well as industrialized countries.  The sources of information are supported by a range of institutions that carry out polling, research, NGOs and international organizations which provide information on relevant areas in the six areas which are: citizen participation, accountability, political stability and lack of violence/terrorism, government effectiveness, regulatory quality, and rule of law and control of corruption. 

For more information, click here

 

International Tools

The Worldwide Governance Indicators (WGI) project (World Bank) (1996-2010)
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The Worldwide Governance Indicators report on six broad dimensions of governance for over 200 countries over the period 1996-2010. The study reviews perceptions of citizens, entrepreneurs, and experts in the public, private and NGO sectors from around the world, on the quality of various aspects of governance.

The indicators are as follows

• Voice and Accountability: perceptions of the degree of citizen’s ability to participate in selecting their government, as well as freedom of expression, freedom of association, and a free media. 
• Political Stability and Absence of Violence: perceptions of the likelihood that the government will be destabilized or overthrown by unconstitutional or violent means, including domestic violence and terrorism.
• Government Effectiveness: perceptions of the quality of public services, civil service and the degree of its independence from political pressures, the quality of policy formulation and implementation, and the credibility of the government's commitment to such policies.
• Regulatory Quality: perceptions of the ability of the government to formulate and implement sound policies and regulations that permit and promote private sector development.
• Rule of Law: perceptions of the extent to which agents have confidence in and abide by the rules of society, and in particular the quality of contract enforcement, property rights, the police, and the courts, as well as the likelihood of crime and violence.
• Control of Corruption: perceptions of the extent to which public power is exercised for private gain, including both petty and grand forms of corruption, as well as "capture" of the state by elites and private interests.

 

The Effects of Political Corruption on Caribbean Development (Latin American and Caribbean Center, Florida International University) (2002)
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This was a paper for the Caribbean Studies Association annual conference in 2002. It contains major problems regarding corruption in Caribbean region and its impact on development. Similar to many Caribbean countries, Jamaica has chronic problems with the link between drugs and corruption.

This paper first reviews the literature on political corruption to see what others have found about its effects on state development. Through a series of statistical correlation and regression analyses, it tests a number of hypotheses in an attempt to answer the question “What are the effects of political corruption on Caribbean development.” The study finds that these effects are the most pronounced on a state’s economic output and rule of law.

It is proven that the mixture of corruption and drugs creates a vicious cycle of crime and violence that is engulfing many of the small Caribbean states including Jamaica. The biggest problem of the mixture is that drug-financed corruption fuels the breakdown of the rule of law.

Realizing that corruption alone is not the only variable that affects a state’s level of development, the report also incorporates variables that must be consider concern resource endowments and geography—variables that speak to a state’s potential comparative advantage. It is assumed that those states with the best resource endowments—energy resources, non-petroleum natural resources and arable land—are the most likely to develop faster.

 

Corruptions Perceptions Index (Transparency International) (2010)
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This is an analysis tool which measures corruption perceptions levels in public sector of approximately 180 countries, including Latin America. The indicator is conducted by the Transparency International and the indicator is the result of application of different investigations elaborated by public/private sector companies or institutions.

The CPI classifies countries/regions in accordance with one’s degree of corruption perceived. This index is a combination of surveys. The corruption data is obtained through survey on experts and enterprises by various independent institutions.

The CPI reflects opinions from all over the world including the experts who reside and work in countries/regions being evaluated. In order for a country/region to appear in the classification, it has to be included at least three of the surveys that constitute the sourses of the CPI. For that reason, the inclusion of the index does not mean the existence of corruption but rather it depends exclusively on the information availability.  

Among the countries included in the study, Jamaica is ranked 24th with the score 3.3. Denmark, New Zealand and Singapore marked highest with 9.3 and Somalia was the last with 1.1. As far as Latin America, Chile has the highest score, placed 21st with the score of 7.2 and Venezuela has the lowest score in 164th with the score of 2.0.

For more information, click here.

 

Democracy, Markets and Transparency (Center for the Opening and Development of Latin America (CADAL) (2010)
See>>

This Edition provides Global Ranking 2010 “Democracy, Markets & Transparency”. According to this report, in order to achieve political, economic and institutional progress, three important components should be guaranteed: democratic freedom, market economy and government transparency. According to the index, Jamaica ranked 66th out of 169 countries in terms of democracy, market and transparency.

Center for the Opening and Development of Latin America (CADAL) is a non-profit, non-partisan, private foundation that holds the principles of liberal democracy, social market economy and the universal character of human rights. CADAL is member of the Network of Democracy Research Institutes (NDRI), an Associated Institute of Proyecto Plataforma Democrática, founding member of Red Puente Democrático Latinoamericano. CADAL is registered as a Civil Society Organization at the Organization of American States (OAS).

 

Barometers of the Americas
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The report provides important information regarding citizen’s perception about political tolerance, civic participation, corruption, role of women, democratic/authoritarian system support among other themes. The reports are conducted in the countries of the region evaluating attitudes towards the corruption and the expectations with respect to future levels of corruption.

To read the report on Jamaica, click here.

 

Governance Indicators DataGob (Interamerican Development Bank)
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DataGob allows access to 800 governance indicators from more than 30 different sources located all over the world. It provides information on the methodology used for the formation of each indicator, its level of reliability, validity and the potential to make comparisons among countries in the long term. Its database allows users to interactively seek consultations, even for those that are country specific. The country data section includes the type of democratic system and rule of law, which measures, among other indicators, perceptions on corruption within different institutions of government.

National Civil Society Organizations

Dispute Resolution Foundation
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The Dispute Resolution Foundation (formerly Mediation Council of Jamaica), established in 1994, is a civil society with the aim of strengthening the use of mediation to prevent and resolve disputes.  The RF works in close collaboration with the Ministry of Justice through its mediators and trainers to resolve disputes, train mediators and develop business, court-annexed, police and community dispute resolution, and arbitration programs.

The DRF operates numerous projects, including training and sensitization in communities and holding regional conferences.  In 2008 the Foundation released a Draft Issue Book on Corruption which outlined engagements of communities in the fight against corruption. 

 

Jamaicans for Justice
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Jamaicans for Justice was established following the riots in April 16, 1999, responding to a need to address citizens’ frustrations,in particular in cases of alleged corruption in the public sphere.  The organization seeks to improve the judicial, economic, social and political systems in the country through supporting cases involving government where human rights may have been breached and by lobbying for greater transparency in government activities and decision-making process.  This is carried out through the following four categories which Jamaicans for Justice specialize in:

• Legal Department & Response Team
• Public Education and Advocacy
• Policy and Legislative Advocacy
• Monitoring Children’s Homes

Jamaicans for Justice also concentrates on raising awareness on the right and use of access to information among the general public.

 

Citizens’ Action for Free and Fair Elections (CAFFE)
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Established in 1997 prior to the General Election, CAFFE is a non-partisan organization with the aim of strengthening democratic processes, in particular ensuring the electoral process is free and fair.  The CAFFE is headed by a chairman, attorney-at-law Dr Lloyd Barnett.  The organization is made up of volunteers who carry out a range of activities, from monitoring elections to monitoring the financing of political campaigns. CAFFE also lobbies the government strengthening the legal framework regarding code of conduct for parliamentarians, parish councilors and election candidates.

 

Regional Civil Society Organizations

Instancias Regionales en materia de Organizaciones de la Sociedad Civil

Carter Center
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The Carter Center is an organization focused, among others, on enhancing freedom and democracy in all regions of the world. The activities of the Carter Center include election observation, monitoring 86 national elections to help ensure that the results reflect the will of the people.

Beyond elections, the Center promotes full citizen participation in public policy-making and by helping government establish institutions that bolster the rule of law, fair administration of justice, access to information, and government transparency. The Center also hosts workshops to enhance its implementation and how the general public can use the law while providing technical assistance to legislators in drawing up the law and in its implementation.

The Carter Center—with the U.N. Electoral Assistance Division and the National Democratic Institute—played a key role in producing the Declaration of Principles for International Observation, which established professional standards for election observers. Launched in 2005, the Declaration has been endorsed by more than 30 observer organizations.

For more information, click here.

Constitution of Jamaica
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Date Published
1962

Description
In Chapter III on Fundamental Rights and Freedoms, sections 13 and 22, it mentions the freedom of expression pertaining to the individual and includes the freedom to “hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence and other means of communication”. Furthermore, Chapter VIII on Finance establishes in sections 120 to 122 the Auditor General and outlines its functions.  Chapter IX on Public Service Commission again establishes the Public Service Commission and outlines its functions between sections 124 and 128.

Applicability
National

 

The Criminal Justice (Administration) Act
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Date Published
2000

Description
This legislation stipulates different types of crimes and sets out the punishment of those who do not obey the laws.

Applicability
National

 

The Money Laundering Act
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Date Published
5 january 1998

Description
The Money Laundering Act outlines that money laundering consists of persons engaging in the acquisition of property (including tangible and intangible items) through offences cited in the Act (section 2 and Schedule). If guilty, penalties include fines and/or imprisonment (section 3 (2).  In section 6 of the Act, it criminalizes individuals who knowingly do not report suspected cases of money laundering.

Applicability
National

 

The Corruption (Prevention) Act
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Date Published
1 may 2001

Description
This Act establishes a body known as the Commission for the Prevention of Corruption and its functions include: receive and record statutory declarations furnished by public servants pursuant to this Act; examine such declarations and request from public servants any information relevant to a statutory declaration made by them, which in its opinion would assist it in its examination; make such independent enquires and investigations relating to a statutory declaration as it thinks necessary; receive and investigate any complaint regarding an act of corruption; conduct an investigation into an act of corruption on its own initiative, if it is satisfied that there are reasonable grounds for such investigation (section 5).

Furthermore, the Act outlines what constitutes as an offence in terms of acts of corruption (sections 14 and 15).

The Commission also has the power to summon witnesses, require the production of documents and to do all such things as it considers necessary or expedient for the purpose of carrying out its functions.

Applicability
National

 

The Public Bodies Management and Accountability Act
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Date Published
28 december 2001

Description
In Part II (Corporate Governance and Accountability) of the Act, it determines that each public body must publish and present an annual report and audited financial statements to the relevant Minister (section 8).  Furthermore, the Act establishes that all publications with four or more directors must set up an audit committee. The functions of the audit committee include oversight of internal audits and making recommendations to the public body on internal control structure and systems.

Applicability
All public bodies

 

The Corruption (Prevention) Regulations LN 13_2003
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Date Published
31 january 2003

Description
The Regulations specify conditions for furnishing a statutory declaration (section 3) and the duties of the Commission for the Prevention of Corruption on receipt of information alleging acts of corruption by a public servant, and the procedures for carrying out an investigation and possible hearing (sections 5 and 6). 

Applicability
Members of the commission and public servants and in terms of statutory declarations, all the positions listed in the Schedule.

Legal framework at national level

Normative framework existing in Jamaica on the Access to Public Information can be found: constitution, acts of parliament, decrees, regulations on the Access to Information.

Constitution of Jamaica
See>>

Date Published
1962

Description
The article 22 of the Chapter III entitles everyone to hold fundamental rights and freedoms. It prohibits any hindrance to the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence and other means of communication.

Applicability
National

 

The Access to Information Act
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Date Published
22 July 2002

Description
The Access to Information Act, 2002 gives Jamaicans a general right of access to official government information with exemptions which are in the public interest due to the information’s sensitive nature.  The Act aims to reinforce fundamental democratic principles:

• Enhance government transparency;
• Provide greater accountability of government to its people;
• Increase public participation in national decision making;
• and knowledge of the functions of government.

 

The Act establishes the institutions which are exempt of releasing information.  These include the governor-general, the judicial functions of the court, any statutory body the Minister specifies subject to approval by resolution, and security or intelligence service (section 5(6)).  Furthermore, there are also exemptions in documents to be released.  However, the Act mentions that documents, after 20 years in existence are able to be disclosed (section 6 (2)).  Applicants for government documents do not need to justify their request (section 6(3)) and there is a time limit of 30 days for an institution to respond to an applicant’s request.  The Act also outlines what constitutes as exempt documents (Part III, Exempt Documents). 

The Access to Information Act gives a general right of access to information to records held by public authorities, except to the extent that such records are protected from disclosure by one of the nine (9) exemptions. At present, only public authorities are covered by the Act. These include Government Ministries, Agencies and Departments, Statutory Bodies, Parish Councils, wholly-owned Government companies or those in which the Government has more than 50% shares, publicly-funded educational institutions.

Applicability
National

 

The Access to Information Regulations (2003)
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Date Published
6th January 2004

Description
The Regulations outline the rules and duties of the public officers responsible for receiving, investigating and responding to information requests from individuals as well as amendments of personal records.  The Regulations also outline the procedure for costs of reproduction.

Applicability
National

 

Legal framework at international level

Universal Declaration of Human Rights (United Nations) (1948)
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Description
The Declaration establishes in its article 19 the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Applicability
National

 

International Covenant on Civil and Political Rights (United Nations) (1966)
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Adoption Date
3 October 1975

Description
Ratified by Jamaica in 1975, the Pact recognizes that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want.

Applicability
National

 

American Convention on Human Rights “Pact of San Jose, Costa Rica” (OAS) (1969)
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Adoption Date
19 July 1978

Description
Article 13 establishes the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice without any hindrance.

Applicability
National

 

Inter-American Declaration of Principles on Freedom of Expression (Inter-American Commission on Human Rights (OAS) (2000)
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Description
It recognizes that freedom of expression in all its forms and manifestations is a fundamental and inalienable right of all individuals. As an indispensable requirement for the very existence of a democratic society, it guarantees every person the right to seek, receive and impart information and opinions freely under terms set forth in Article 13 of the American Convention on Human Rights.

Applicability
National

 

Inter-American Democratic Charter (OAS) (2001)
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Description
The Charter identifies the needs of countries in order to enhance their democracies.  Articles 4 and 6 establish the importance of transparency in government administration and responsibility, respect for social rights, freedom of expression as well as of the press, citizen participation and the respect for the rule of law.

Applicability
National

 

Declaration and Action Plan of the Summit of the Americas of Quebec (OAS) (2001)
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Description
The Summit aims to strengthen the effectiveness of the Inter American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. While renewing its commitment to hemispheric integration and national collective responsibility for improving the economic well-being and security of people, the Summit has adopted an Action Plan to enhance democracy, promote good governance and protect human rights and fundamental freedoms. The established norms include action plans, cooperation practices among different national entities, capacity building programs and financial and technical support.

It advances in the necessity to expand the effectiveness of individual freedoms and fundamental rights through commitments manifested in the Declaration.

In turn, the Plan of Action specifically holds within it the commitment of developing actions that deal with transparency, good government management, the fight against corruption and support of the Inter-American System of Human Rights in relation to freedom of expression. Among the established engagements, the following have been emphasized: action planning, exchange of experiences, practices of cooperation among diverse national entities, capacity building programme development, and financial and technical support.

Applicability
National

 

Resolution AG/RES. 2607 (XL-O/10) “Model Inter-American Law on Access to Public Information” (OAS) (2010)
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Description
Model Inter-American Law on Access to Public Information was adopted through this resolution through which the mandates contained in resolution AG/RES 2514 (XXXIX-O/09), Access to Public Information: Strengthening Democracy”, were reaffirmed. The General Secretariat, through the Department of International Law was instructed to provide support to the member states that so request in the design, execution, and evaluation of their regulations and policies on access to public information by citizens.

This law establishes a wide catalog of definitions, a defined limit of scope and interpretation mechanisms, as well as instructions in relation to the rights covered. Likewise, it establishes measurements labeled as “promoting the openness” linked to different mechanisms of publicity and also determines types of key information, processes to obtain information—request, response period, deferrals, among others— existence of exceptions in the distribution of information, resources, authorities of control in the field and mechanisms of compliance for promotion and verification purposes.

Applicability
National

 

Institutions in charge of implementing the right to access to public information

Access to Information Unit
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The Access to Information Unit has been established to spearhead and guide the implementation and administration of the Access to Information Act 2002. The Unit falls under the Office of the Prime Minister. The ATI Act gives everyone the legal right to view or receive copies of official documents held by government bodies. You may also ask for information concerning you to be changed if it is incomplete, misleading or out of date.

The primary objective of this unit is to give training and guidance for government entities on how to understand and implement the Access to Information Act (ATI).  The Unit also monitors response and processing times for access to information requests including from the media.  This monitoring of the treatment of applications is summarised in reports, Quarterly Reports published on the Unit’s website.  Other responsibilities include identify and address challenging issues arising from implementation of the ATI Act; provide policy recommendations on how to address these problems; monitor compliance with the ATI Act and provide guidance and advice for the public and Government Bodies; and educate the public on their rights and obligations under the ATI Act.

Furthermore, the Access to Information also has a tribunal where applicants can make an appeal regarding refusal, deferral or restricted access to documents as well as amendments to documents and the access fees charged.

 

Civil Society in charge of implementing the right to access to public information

Carter Center
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The Carter Center is an organization focused, among others, on enhancing freedom and democracy in all regions of the world. It closely works with local civil society organizations and relevant stakeholders to raise awareness of the right to information. In the context of Jamaica, the Carter Center was invited by the then Prime Minister Patterson in 1998 to assist in the goal to make Jamaica a model country of transparency and good governance in the Caribbean.

Between 2004 and 2006, the Carter Center established an office in Jamaica as a resource to government and civil society on using the Access to Information Act. Since then, the Center actively organizes several activities regarding access to public information which include supporting the establishment of a civil society network of users, assisting in the recognition of International Right to Know Day in Jamaica, and organizing workshops to enhance its implementation and how the general public can use the law. It facilitated public debates and seminars on the process of the Access to Information Act, 2001 and produced two guidebooks to assist in the debate. The Center staff provided technical assistance to legislators in drawing up the law and in its implementation. 

The Center also published a report “Access to Information: Building a Culture of Transparency—Jamaica” where experts on access to information provide a number of recommendations for consolidating the right to information in Jamaica.

To read, click here.

 

Global Information Society Watch (GIS Watch)
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GIS Watch is a joint initiative by the Association for Progressive Communications (APC) and the Humanist Institute for Development Cooperation (Hivos) and has the goal to improve public participation in national and international forums, specifically in areas related to ICT for development, democracy and social justice. Furthermore, it monitors progress in the implementation on the World Summit on the Information Society (WSIS) action agenda. 

The GIS Watch also publishes country reports on a variety of topics.  With regard to Jamaica, the GIS Watch published in 2009 a report on Access to Online Information and Knowledge.  This covered the situation of the limited access to online information and due to low number of computers accessible to the public which consequently is a challenge to improving democracy through e-government programs.  In addition, the report outlines current policy and legislative environments supporting online access as well as step the e-government programs are at.

To read the report, click here.

 

Freedominfo.org
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It is a web portal that receives and systemizes information regarding the access to public information, providing best practices, lessons learned, campaign strategies and tactics, as well as crucial information on freedom of information laws and how they were drafted and implemented, including how various provisions have worked in practice.

In this way, this portal serves as a reference point where general public can access to learn more about different countries’ experiences and exchange such information.

To read information on Jamaica, click here.