Maroc - NEWSDAY.CO.TT - A la Une - 16/Jan 04:56

Zone of contention

IN 2011, Kamla Persad-Bissessar declared what she called a “limited state of emergency in hot spots.” But such a thing was not possible under the law; under the Constitution, a state of emergency applies nationwide. What the UNC leader could not do in her first term, she heads to Parliament today, January 16, to achieve. The hot spot bill, formally called the Law Reform (Zones of Special Operation) (Special Security and Community Development Measures) Bill 2026, proposes to sanction the creation of cordons around areas to be determined by the Prime Minister. Designations could last up to 180 days; curfews may apply. Police will have powers to search, seize and arrest without warrant. Startling are these proposals, which are likely to be contentious. While in name they do not seek to supplant states of emergency (the entire country cannot be deemed a special zone), in spirit they amount to an extension of constitutional provisions under the guise of a special-majority statute. For this reason alone, we advise caution. Even if it is justifiable as a crime measure, and even if there is regional precedent, at the very least the legislation should not be rushed. When Jamaica passed a similar law in 2017, a joint select committee studied it. But assuming there is an urgent reason this law should be enacted – and the Cabinet may feel the crime situation alone is enough cause – careful attention should be placed on the protections contained within the bill. There are risks in giving police officers emergency powers over citizens of certain areas without declaring such an emergency. Though these officers must inform people why they are being arrested, and though such arrests must be done on reasonable grounds, by the time the arrested person has time to bring a court case the damage is done. And the law saying body cameras should be worn “as far as is possible” is not saying much at all; the police have long enjoyed a permanent shortage of such equipment. Similarly, though a constitutional challenge might be mounted against the law, such a challenge will take months, if not years. That’s why MPs, when they debate this measure, need to be cautious. Are we simply opening the door permanently to mini-states of emergency? Giving authorities flexibility to deal with crime without plunging the entire country under an SoE may be a good thing. But Jamaica’s experience, as recounted in a public defender’s report from 2021, has shown that there’s a risk of making vulnerable communities even more vulnerable at the hands of police. The bill would be more palatable if it came alongside provisions to better regulate officers, especially after a year in which at least 55 people were killed by cops. The post Zone of contention appeared first on Trinidad and Tobago Newsday.