Postby *$kїđž!™ » September 5th, 2011, 4:36 am
Speaking Notes of the Hon. Kamla Persad-Bissessar, Prime Minister of Trinidad and Tobago on the extension of the State of Emergency
September 4, 2011
HOUSE OF REPRESENTATIVES
“A NATION FIGHTS BACK”
Introduction:
Renowned politician and Father of the Indian Constitution, Dr. R. Ambedker, reminds us that: “Law and Order are the medicine of the body politic and when the body politic gets sick, medicine must be administered.”
THE RULE OF LAW
The paramount obligation of the Government is to protect its citizens and guarantee liberty.
Aristotle, one of the founding fathers of democracy once said “the basis of a democratic state is liberty”.
A constitutional democracy is essentially a pact between the citizen and the State.
When the State breaches this pact because it is unable to fulfil its obligations to guarantee basic fundamental rights and freedoms, such as life, liberty and security, then the rule of law is fractured.
The Constitution is a sacred document however, its sanctity is derived from the respect people have for it.
However, with the violent and heartless criminal element responsible for rivers of blood that flowed through our streets in the past 10 years we lost our faith in the State’s ability to guarantee our rights.
The state of emergency is a restoring of the State’s ability to guarantee those rights and freedoms to its citizenry.
This is a means to an end - the means is the state of emergency and the end is restoration of our rights and freedoms.
UNPRECEDENTED CRIME RISE UNDER THE PNM
Under PNM this country witnessed unprecedented levels of crime.
The statistics speak for themselves.
NUMBER OF MURDERS UNDER THE UNC
Year Number of Murders Comments
1995 122
1996 106
1997 101
1998 93
1999 98
2000 118
2001 151
NUMBER OF MURDERS UNDER THE PNM
Year Number of Murders Comments
2002 171
2003 229
2004 261
2005 387 FIRST TIME WE HAD MORE MURDERS THAT DAYS IN THE YEAR
2006 371
2007 391
2008 537 FIRST TIME IN OUR HISTORY WE HAD MORE THAN HALF OF 1000 MURDERS IN ONE YEAR
2009 506
2010 473
From 1995 to 2001 under the UNC Administration there were 789 murders or 112 per year.
From 2002 to 2009 under the PNM there were 2853 murders or 357 per year.
There was a 218% increase in murders on average per year during the PNM’s Administration from 2002- 2009 as compared to the UNC’s regime from 1995- 2001.
Under the PNM from 2003 to 2009 there was a total of 126,978 serious crimes of which 3,082 were murders.
SLOWLY COOKED FROG
Old wisdom says that, if a frog is placed in boiling water, it will jump out, but if it is placed in cold water that is slowly heated, it will not perceive the danger and will be cooked to death.
We were like the proverbial frog being slowly cooked to death by the escalating crime.
Some of us have become so immune to the heat that we are unable to recognize that if we let this state of affairs continue it will eventually render T&T into a ‘Failed State’, where crime and violence becomes the norm, and a lawless society takes over, driving law-abiding people out.
Is this what we want?
GENESIS
But there was a reason why this occurred and in order to understand what brought about the events that began just over a week ago it is necessary to trace the genesis of how we got here.
MUSLIMEEN
Do you all remember the PNM leader meeting with the Head of the Jamaat during the 18-18 tie when his party was appointed the government?
Do you remember when he promised to give back to the Muslimeen the land at Mucurapo?
And after there was a public outcry he relented?
Do you remember how the Muslimeen campaigned for the PNM and mounted platforms urging support for that party and threatening those who didn’t?
Do you remember the images of Abu Bakr celebrating at Balisier House on election night?
Do you remember that?
CEPEP AND URP
Do you remember that billions of dollars, not millions, hear me clearly, BILLIONS of dollars went into CEPEP and URP and into the hands of these gang leaders with their ghost gangs and funded their nefarious activities?
What do you think happened with all the alleged contracts that these gang leaders received through the PNM?
The political support for the PNM had come at a price and the nation is still paying dearly for it.
GANG LEADER – NATIONAL HERO
It was so bold faced that when one of those gang leaders died, the PNM Political Leader and then Prime Minister is on public record as having said the country had lost a national hero.
The anointed “hero” was a gang leader whose criminal record was as long as from here to San Fernando East, someone who had publicly campaigned up and down the East West corridor for the PNM.
Do you remember that?
As I said, when the PNM left office crime had gone rampant with kidnappings, rape, robberies, gang war fare and a murder rate of nearly five hundred per year.
MEETING GANG LEADERS
Do you remember the PNM Political Leader and Prime Minister meeting with the gang leaders at a fancy hotel in the full glare of the public to negotiate what he called a truce?
Do you remember that?
But this is 2011 and we do not negotiate and wine and dine with the gang leaders at hotels like the last administration did.
In fact, as you saw over the last few days, when it was learnt that gang leaders are at any hotel, they were raided and arrested and taken before the courts.
That’s the difference.
The moment the PNM government of the day took the decision to negotiate with criminal elements in exchange for political support, it set off a dangerous course of events from which the country is still reeling today.
The moment you sit and talk with an enemy such as that you have surrendered power; you have ceded constitutional power and legal authority to the gang leaders.
How can any government sit and talk about co-existing with criminals?
But in the full glare of the country and the media, the PNM did just that right here a stone’s throw away from this Parliament at a hotel in the city.
And they did that just to stay in power.
It couldn’t have been a crime fighting measure since the situation grew worse.
PNM’s REFUSAL TO DECLARE SOE
The events of Thursday 18th August, 2011 and Friday 19th August, 2011 mirrored the abysmal state of events that transpired in one week in July 2003.
There were 6 Kidnappings, several murders and a BOMBING in Port-of-Spain.
After being plunged into such a state of turmoil and lawlessness, those vested with the mantle of power and authority needed to act sensibly and effectively.
They did not and crime soared unchecked.
Everything they tried failed. From Operation Anaconda to Operation Baghdad, Eye in the Sky to Blimp.
The criminals continued to gain ground and people watched in horror as the State continued to retreat.
The criminals exposed their public relations inspired projects as mere gimmicks, as the daily murder toll continued to soar.
When they ran out of ideas, and realized the situation was unmanageable and uncontrollable, they resorted to a political strategy that gave even more power.
Criminals had infiltrated and taken over whole communities within parts of Trinidad and Tobago.
People were scared to enter these areas and the Government turned a blind eye to the penetrating, deleterious effects of the criminal gangs that had taken root in these communities and made life a living horror for the many law abiding citizens who were left stranded.
The infamous meeting at Crowne Plaza signaled a surrender and transfer of state power to gangsters and bandits.
It was a tantamount to a constitutional recognition that the criminals had succeeded in creating a virtual sub- State within the Republic of Trinidad and Tobago.
It was if we were conferring official recognition and title to this sub-State, the boundaries of which were demarcated by reference to disproportionately high murder rate in those areas.
Incredibly, the Government conferred the title of “Community Leaders” on gang leaders.
It gave them a sense of legitimacy and eroded whatever little hope there was for the restoration of law and order.
This unholy political partnership meant that State resources would now be distributed to the people via gang leaders, who are now the de facto councillors and representatives of the people.
This is why URP, CEPEP and construction contracts were given to them.
As they tightened their grip on these communities, they also expanded their criminal enterprise as the State and people continued to lose ground.
KEN GORDON CRIME COMMITTEE
The state of emergency was one of the major recommendations of the Ken Gordon Committee Report on Crime presented to Cabinet in May, 2003.
Notwithstanding the growing statistics on murders, kidnappings for ransom and other serious crimes, the Government hesitated.
They were concerned that it would signal political failure; that is why they now want to tag that label to our decisive action.
They were not prepared to risk looking bad even if it meant rescuing the country from the bandits who were taking over.
Yet they did not hesitate to place POS on lockdown during the summit of the Americas. Red Zone – had to get a pass to get to your house.
Yet Honourable Members on the other side did not hesitate to declare a state of emergency during August 1995 to place House Speaker Occah Seapaul under house arrest.
The Speaker was placed under house arrest from August 5-8, by the then Manning administration for allegedly attempting to usurp the Government's authority in Parliament.
This also saw Port-of-Spain being placed in a state of emergency during Seapaul's three-day house arrest.
They were prepared to use the Constitution to arrest ONE person but not to save the country.
But this is 2011 and we do not negotiate and wine and dine with the gang leaders at hotels like the last administration did.
In fact, as you saw over the last few days, when it was learnt that gang leaders are at any hotel, they were raided and arrested and taken before the courts.
That’s the difference between the PNM and the People’s Partnership.
The moment the PNM government of the day took the decision to negotiate with criminal elements in exchange for political support, it set off a dangerous course of events from which the country is still reeling today.
The moment you sit and talk with an enemy such as that you have surrendered power; you have ceded constitutional power and legal authority to the gang leaders.
How can any government sit and talk about co-existing with criminals?
But in the full glare of the country and the media, the PNM did just that right here a stone’s throw away from this Parliament at a hotel in the city.
And they did that just to stay in power.
It couldn’t have been a crime fighting measure since the situation grew worse.
We are responsible
A recent joint United Nations-World Bank study, said the Caribbean region had a murder rate of 30 per 100,000 inhabitants - four times the North American figure and 15 times the West and Central European average.
“According to a report by the UN Office on Drugs and Crime (UNODC), around 216 tonnes of cocaine pass through the Caribbean and the Guianas (Guyana, Suriname and French Guiana) every year en route to the US and Europe, accounting for one-half of the US's cocaine imports and one-half of Europe's ”.
The Economist predicted in 2008 that this figure is set to rise further—recent crackdowns on Central American drug-smuggling routes have begun to shift more supply to the Caribbean basin.( Excerpt from The Economist, March 20th, 2008)
“The economic importance of the drug trade was estimated by the UNODC as equivalent to around 3.5% of formal-sector GDP in the region overall, and to 7.5% of GDP in Jamaica. Marijuana production and exports are less important regionally, but are locally significant in both Jamaica and Trinidad and Tobago.”
STOCK-IN-TRADE
Illegal drugs are the “stock-in-trade” of the gangs.
Once a business is deprived of its stock, its ability and commitment to meet customer demand (wholesale and retail) is adversely affected.
The entire supply/ distribution network, which utilize TT as a trans-shipment point and customer base was jolted and weakened by these recent seizures.
The criminal underworld was bound to retaliate and such retaliation could only result in senseless, violent bloodshed and mayhem.
The threat to public safety, law and order was real and imminent.
The planned retaliation by the gangs involved in the drug trade represented a clear and present danger to national security and innocent law-abiding citizens of this country.
CRISIS AVERTED
Rest assured the crisis has been averted.
The firm and decisive action taken by the Government by declaring this state of public emergency caught them by surprise.
The declaration of war by the State on criminals who terrorize our citizens was something they did not expect.
After all, they had become accustomed to being treated as community leaders.
Whilst we are not at liberty to disclose the sensitive details of national security, it is a matter of public record the security services have, in recent times, made a number of important drug seizures.
These impressive hauls contained large quantities of illegal drugs.
The discovery not only disrupted the “smooth flow of business” in the supply chain but jolted and weakened the entire network.
The last seizure cannot be viewed in isolation. It must be taken in context of the overall cumulative effect of the fine work done by our law enforcement agencies.
• Marijuana 1229kilos seized for 2011 valued at $18.5million.
• Marijuana for the same time period in 2010 was 3295kilos estimated at $49.5million.
• Cocaine for 2011, 8477kilos valued at $296.7million.
• Cocaine for the same period in 2010, 6750kilos valued at $236.3million.
The Hon Leader of the Opposition expressed shock and surprise at the fact that the Government is unable to disperse sensitive intelligence and matters of National Security.
In the case of Feroza Ramjohn vs Patrick Manning, Ms Ramjohn was transferred to the London High Commission in the wake of the discovery of trafficking of cocaine in our Diplomatic Pouch.
The then PM suddenly revoked her appointment on transfer and invoked the ground of National Security as part of his defense.
It is well established that such matters cannot generally be disclosed.
This point was underscored by the Privy Council in the case of The Zamora (1916) 2 A.C. p77 Lord Parker said
“ those who are responsible for the National Security must be the sole judges of what national security requires.
It would be obviously undesirable that such matters should be made the subject of evidence in a Court of Law or otherwise discussed in public.”
WHAT WE DID NOT DO
Well, what this government didn’t do was call criminals into a hotel.
What this government didn’t do was promise them any land title.
What this government didn’t do was cower in fear.
What this government didn’t do was call the innocent killings “collateral damage.”
What this government didn’t do, was avoid the tough decision to impose a state of emergency to avert a crisis of untold proportions.
WHAT WE DID
What we did with the intelligence that had come to hand was to ensure that the citizens of Trinidad and Tobago were protected.
No one who plots to destroy our society will get away with it.
We responded decisively to preserve public safety and the results to date have vindicated our decision.
The planned crisis has been averted.
Today the nation is safer because of that decision.
The government has demonstrated that it will not allow the nation to be held to ransom by marauding groups of thugs bent on creating mayhem and havoc in our society.
Let us be clear about one thing.
The state of emergency has worked.
The State of Emergency has worked.
And it has worked not only because there has been substantial reduction in killings but also because serious crime is almost zero and road carnage halted;
It has worked not only because we have arrested over one thousand criminal elements with hundreds on outstanding warrants;
It has worked not only because caches of weapons and ammunition have been confiscated; but it has also worked because from the moment we took the tough decision to impose a State of Emergency a crisis had been averted.
And that is how I measure its success.
The nation had been saved a criminal uprising of untold proportions.
That did not occur.
It was stopped in its tracks.
OPPOSERS ARGUMENTS
So what do opposers of the government say in response to what is clear evidence of a winning strategy? They point to a series of things.
(1) Namely, that I usurped the authority of the President by pre-empting him.
That, of course, is neither my personality nor value system.
Surely they must be mixing me up with another Prime Minister.
There were never any Presidential insignia placed on the Prime Minister’s official vehicle for me.
You will recall I refused to drive in such a vehicle until the proper protocol had been observed and the appropriate license PM 1 was placed.
I would never disrespect the Office of the President not His Excellency with whom I share a cordial and deeply respectful and productive relationship.
I had consulted with His Excellency, the President and had his concurrence before addressing the nation as is my duty and right so to do.
Ironically, our opponents also said that I didn’t give enough details.
So apparently I should not have spoken at all but since I did I should have said more and perhaps alerted the criminals with precise details at which point they would have condemned me for so doing.
(2) PUBLIC NOT PROPERLY INFORMED
So what else, could our opposers have said?
That the public wasn’t being properly informed.
And here we agree.
We could have done a better job in communicating all aspects of the State of Emergency.
We did not do as well as we should have initially in public education and information.
That has since been adjusted and there are now bulletins, prints ads and posters as well as hotlines all providing the necessary information.
(3) TARGETING AFRO-TRINIDADIAN YOUTHS
The idea that certain sections of our society or certain communities are being unfairly targeted by this SOE is unfortunate.
Criminals have no respect for their victim’s race, religion or colour. Their illegal activities and murderous intentions affect us all equally.
The blood curdling cry that emanates from the depth of a mother’s womb as she cradles her lifeless son’s body is the same for all mothers.
A life lost is a life lost, regardless of where the victim lived or their racial origin.
Our Constitution guarantees as a fundamental right, the right to equality before the law, and equal protection of the law.
This means that the State must not be discouraged or sidetracked in the pursuit of law and order by such extraneous issues.
The Constitution mandates the State to pursue those who choose to violate the law and terrorize innocent citizens.
The race, religion or location of neither the victim nor the perpetrator matters in the eyes of justice and in the pursuit of respect for the rule of law.
To do otherwise would be to fracture the very Constitution that speaks to equal treatment, and perhaps more importantly, the right to liberty, security, and enjoyment of property for all law abiding citizens.
Rest assured the Government will be relentless in its pursuit of all criminals. And will not be deterred by such political mischief.
This is a direct and unfair attack on our police officers and soldiers who have placed their lives on the line to defend our constitution and innocent citizens of this nation.
The government or any Minister does not select persons for arrest or detention, we do not select the areas for searches.
This is the work of the police service based on intelligence and police work.
Police Complaints Authority
(4) The government acted by VAPs because they had no crime fighting plan – it was a knee jerk reaction to a surge in killings.
Indeed the government has time and time again outlined our comprehensive holistic crime fighting strategy.
As Prime Minister I outlined our strategic approach that deals with prevention, law enforcement interventions, conviction and rehabilitation.
National Security Minister Senator John Sandy spoke to this issue and outlined our crime fighting policy.
This included an aggressive legislative agenda, reforms to the criminal justice system, social interventions and a program of rehabilitation.
The raw statistical data from the police suggest that our crime fighting strategies were working.
The homicide rate fell by 10% in 2010 from the 2009 figure.
In every quarter the murder rate was on the decline when compared to last year.
In fact even without a state of emergency intervention we projected that the murder rate may have fallen by 20% in 2011.
But this was not at a pace that would bring relief to citizens when viewed in absolute figures.
We are determined not to repeat the delusion of the former PNM administration when measured its success by the infamous “decrease in the increase” of Martin Joseph.
Let me remind the nation that our crime fighting strategies continues before, during and after the state of emergency.
Strategies that work will be reinforced.
(5) WHY NOT USE THE ANTI-GANG ACT?
The main criticism from the other side is that we could have utilized the Anti Gang Act to pick up the gangsters.
This argument is misconceived for the following reasons:
(1) The threat to national security required the immediate deployment of the full power and might of the state.
(2) The Army does not have the powers of detention, arrest, search and seizure that they are given in a State of Emergency.
(3) The gangs do not possess a monopoly over criminal activity and hence, the police and army needed be legally equipped so they could go after the criminals in every form and fashion.
(4) The power of the police under the Anti Gang Act is limited when compared to the powers during a State of Emergency.
(5) The JSC that considered the Anti Gang Bill never chose the Bill over the Declaration of a State of Emergency. This allegation made by the Hon Leader of the Opposition is baseless and misleading.
6. The declaration of a state of emergency had to do with suppressing the rights of trade unions and civil society
The rights of trade unions and civil groups while they have been restricted, they can still participate in meetings, and take all actions within the law to highlight their views and those of their members.
And they have been doing so. I think they had a day of fasting to highlight their views.
I have heard the views that the State of Emergency was called to quell industrial relations activities by the trade unions.
Again, nothing about the manner in which the State of Emergency has been conducted in the past two weeks has given anyone any credible signal that could cause them to logically come to that conclusion. That is simply not true!
(7) WHY NOT NORMAL POLICING?
Another ill-conceived criticism is that we could have accomplished the same thing via normal policing.
This ignores the fact that this has clearly not worked over the last nine years.
Desperate times require radical measures, it was time to think outside the box; it was time to send a clear and strong message to the criminals that change had come and it would not be business as usual!
Political vacillation and indifference had cost too many lives.
A national ambush and frontal assault was necessary, pursuant to an immediate declaration of war, so that the rug could be pulled from beneath their feet.
(8) INCONVENIENCE TO PUBLIC
Inconvenience and disruption is a natural consequence of a SOE. But this is a necessary evil if we are to rid ourselves of the evil that stalks our land.
“Several years ago when Singapore was named as one of the best places to live and work, an American living there was asked by a US TV network if he did not miss the freedoms that he enjoyed in the US.
His reply was, “I don’t mind giving up some minor freedoms like chewing gum in public in order to have the freedom to walk down any street in the middle of the night without fear of being mugged.”
Like that gentleman, I don’t mind experiencing some minor inconveniences in order to gain a better, safer Trinidad in the long-run.”
We, as people, should not lose sight of the bigger potential gains possible through this measure, even at the cost of some minor inconveniences.
Some of us are more concerned about our image in the international community rather than the truth in our streets and community.
Nothing will be more pretentious than to strut around the world stage as if we are in a paradise in the pristine blue waters of the Caribbean, when the inner soul of the country is being torn apart by crime and violence.
Not only will we be irresponsible to continue to assume that crime was an international phenomenon and that nothing can be done about it, it will be grossly disingenuous of us to fool ourselves under the mistaken belief that the world does not see beyond the veneer of the multi-storied buildings and manufactured PR campaigns.
9. NEGATIVE INTERNATIONAL CRITICISM
This SOE is directly linked to and caused by the drug trade and the upsurge in violent crime.
Many countries have either enacted or are considering enacting laws that equate drug related offences to terrorism as these are closely linked.
The crimes that we were faced with in this country, though seemingly drug related, had in fact the potential to slowly morph into terrorist funding sources.
Unless we nipped this in the bud our country could have fast become a brewing pot for terrorist activities that not only affected our country but others as well.
This is not a war on petty crime. This is a war on crimes of magnificent proportions with international connections and consequences.
The imposition of a curfew to fight gang related violence is recognized as a tool in the fight against crime in many jurisdictions for example Philadelphia.
In Montgomery County, legislation is proposed that would impose a county-wide teen curfew similar to curfews in neighboring Prince George’s County and Washington, D.C.
The curfew, which would be imposed Sunday through Thursday from 11:00 p.m. to 5:00 a.m. and Friday and Saturday from midnight to 5:00 a.m. for youth under 18 years old and, is designed to prevent an escalation in violence by and toward young people in the county.
For far too long we have been handling the crime situation with velvet gloves, afraid that any action we take will negatively affect our international image.
On 21st August the gloves came off. We are now dealing with crime the way crime has to be dealt with – with an iron fist and a steely resolve.
We are not going to waver one bit from our objective. Bad things happen to a good country when good people remain silent and watch things deteriorate.
Trinidad and Tobago is too nice a place to let it go down the tube like some of the other countries that are termed as “Failed States” due to unabated crime.
We do not want to be a Failed State 9.
NO BIG FISH
Every murderer, in my view, is a big fish. Every gang leader and gang member is a big fish. Every bandit that terrorizes innocent citizens is by my definition a big fish.
Yes, there are always bigger fishes.
There will always be.
Drug trafficking is an international criminal enterprise.
It utilizes a supply and distribution network with a chain that starts with the cultivation of the coca or marijuana plant and ends with some poor teenager, sniffing or smoking it in a toilet.
There is a perception of who the big fish is, what they look like and where they reside. We have all been fed the same diet and nurtured the same ideas about this invisible big fish.
Permit me to cite the recent example of Jamaica, today it is reported the Mr. Christopher “Dudus” Coke pleaded guilty in the US District Court in Manhattan to racketeering and assault.
He admitted his leadership in an international criminal organization that used Jamaica as a major transshipment point and as a major part of its supply/ distribution network.
“For almost two decades Christopher Coke led a ruthless criminal enterprise that used, fear, force and intimidation to support its drug and arms trafficking businesses,” US Attorney Preet Bharara said.
The arrest and extradition of Mr. Coke has led to significant and marked decline in the murder rate in Jamaica.
One gang leader gone and 100s of lives saved.
And this, after a State of Emergency in Tivoli Gardens in West Kingston that led a drop in major crimes for the first time in 11years.
GANGS ARE THE SPINE
The gangs are actively involved in the drug trade at the highest possible level.
Without them, there is no possibility of transshipment and distribution.
They are the spine that holds the head and feet of evil body called the drug trade together.
To get to the head requires regional and international cooperation and reassured, the Government is actively collaborating and sharing intelligence with international law enforcement agencies to catch the bigger fishes.
The level of organization and sophistication of the gangs in T&T leave me no doubt, that they are big fishes.
They operate like military units with a corporate structure and a rigid hierarchical chain of command.
The organogram is mind boggling and their strategic plan is of illegal activities precise and expansionist.
I need not remind the population of where the police picked up some of these “small fries”
Of course, we shall continue to gather criminal intelligence on the power structure the drives the drug and gun trade, so that we can collaborate with international law enforcement agencies to bring these bigger fish to justice.
No one is above the law and none shall escape unscathed.
10. POLICE ABUSE
Thus far, the army and police have been professional, mature and responsible in the discharge of their duties.
The complaints have been few and far between and I wish to commend our soldiers and police officers for their outstanding work and devotion to duty.
All complaints of abuse will be thoroughly and properly investigated and any officer found guilty will feel the full brunt of the law.
The Police Complaints Authority has a vital role to play in this regard and has been very vocal about its jurisdiction in recent times.
The rejuvenation of public confidence that is presently taking place must not be undermined or spoilt by wanton abuse of power.
I therefore urge all our officers to exercise their power in a responsible, fair, impartial and fearless manner in the interest of protecting and serving the nation.
11. PEOPLE HAVE NO RIGHTS
The criticism that people have no rights during this State of Emergency is not correct.
Apart from the tribunal established by the Chief Justice for detainee, their normal rights to access the High Court remains.
Persons arrested and charged for criminal offenses still enjoy their Constitutional rights.
There has been some public concern about the rights of suspects arrested by the police. Permit me to say that:
1. The right to counsel or legal representation remains
2. The right to be taken before a court promptly remains.
3. Access to legal aid to secure legal representation remains.
4. An application for Haebus Corpus to have the accused brought before a Judge of the High Court to ascertain the reason for his continued detention remains.
(12) BREAK THE OPPOSITION
I have heard the view that the State of Emergency was called to break the Opposition.
But the Opposition is doing a fine job of breaking itself up by its own machinations and by continuously taking positions that are not grounded in reality and not representative of the views of the majority of our citizens.
REALITY
No amount of repetition, repetition ad nauseam of the baseless arguments of the Naysayers can change the reality.
The reality is simply that the Joint Services are making hotspots safer, acting on intelligence and crime statistics to ensure that everyone including those who live in the impoverished communities can enjoy a safer, peaceful and productive life.
When there were images of these very young men, women and sometimes little children being killed was there not, rightfully so, a hue and cry to stop the slaughter?
Well, those communities are more peaceful today.
I recognise that it is hard to see some of our young men being arrested and taken away; it is hard for any mother or father or brother or sister to endure this.
And my government recognises the need for the crime problem to be addressed at several levels.
As I said recently ours is a balanced approach, one that understands that the issue of crime is a complex one which has to be addressed in new innovative ways and through practical solutions across a range of well thought out programmes and policies.
So when you see images of bandits being apprehended, of joint services in full pursuit of gang leaders and drug lords, know that there is another picture emerging behind those scenes of the long term solutions and caring approaches to solving some of the things in some of the places that cause crime to be produced in the first place.
I am painfully aware of the fact that when someone has nothing to lose they are unconcerned even for themselves; their own lives become meaningless and in the process the lives of those around them become of little value as well.
So in that sense, one cannot just attempt to remove the criminals without acknowledging the need to create initiatives that will turn around the very circumstances that have become a spawning ground for criminal activity.
But I also understand that for some, the long arm of the law is our best course of action.
And for those bent on remaining in a life of criminality we will take them out in one way or the other.
The government is committed to providing a choice for people, especially our youth, encouraging them to make something of their lives, giving them every opportunity to become someone better but we are also equally committed to taking the strongest action against those that refuse to follow that path and contribute to society in the way every law abiding citizen does.
Over the past week I have been taking this message across the length and breadth of Trinidad and Tobago and I wish to repeat it here.
“We will win this war on crime with your support.
For every illegal firearm removed, for every gang leader apprehended, for every bit of information gleaned, for every youth saved, for every new recruit to a gang redirected, for each citizen that now sleeps easier, for every measure of better control on the criminal elements achieved, the nation is safer and better off and the sacrifice well worth it.
And let me repeat for those who still speak of concerns for our foreign image, I say I am more concerned by the images of people dying, of mothers crying, of innocent citizens cowering in fear, of orphaned children, those are the images that concern me now.
We cannot pretend away this problem, but we can take the tough decisions to bring about a solution and I will not shirk my responsibility to protect the people of Trinidad and Tobago.”
That has been my mantra over the past week and it is as relevant now as it was then.
WHAT HAVE WE DONE - LEGISLATIVE MEASURES
Mr. Speaker, apart from the social and administrative measures that this Government has put in place, we have also introduced, as part of our crime fighting plan, a package of legislative measures to implement needed reforms to the criminal justice system.
These measures are intended to improve the ability of the State to deal with the unprecedented levels of criminal activity that have enveloped this country over the past few years.
The Interception of Communications Act, 2010 (Act No. 11 of 2010) and the Interception of Communications (Amendment) Act, 2010 (Act No. 14 of 2010)
The Act provides the legal framework within which public or private communications can be lawfully intercepted.
An interception of communication is lawfully done pursuant to a warrant issued by a Judge of the High Court on an application by an authorized officer.
The Firearms (Amendment) Act, 2011 (Act No. 2 of 2011)
This Act increased the penalties for certain offences involving a firearm or any prohibited weapon by an average of fifty percent.
The Act makes unlawful possession of any firearm or ammunition a strict liability offence and place the burden of disproving mens rea on the defendant.
The Financial Intelligence Unit of Trinidad and Tobago (Amendment) Act, 2011 (Act No. 3 of 2011)
This Act amended the parent Act to empower the FIU to perform its supervisory functions in relation to the categories of businesses identified by the Financial Action Task Force as being most vulnerable to money laundering.
The Financial Intelligence Unit of Trinidad and Tobago (Amendment) (No.2) Act, 2011 (Act No. 8 of 2011)
This Act introduced in the parent Act specific compliance mechanisms to eliminate the shortcomings of the FIU and promote the advancement of the FIU; vest the FIU with the power to impose administrative sanctions on certain bodies for non-compliance with their legislative obligations; and clearly establish the functions of the FIU as a Supervisory Authority.
The Miscellaneous Provisions (Remand) Act 2011 (Act No. 4 of 2011)
This Act provides that a Magistrate can remand an accused person for 28 days in summary and indictable matters.
The Miscellaneous Provisions (Kidnapping and Bail) Act, 2011 (Act No. 9 of 2011)
This Act amended the Bail Act and the Kidnapping Act by increasing the amount of time a person can be held with no evidence for the charge of kidnapping from sixty days to one hundred and twenty days and by changing the penalty for the offence of kidnapping from 25 years to life.
The Anti-Gang Act, 2011 (Act No. 10 of 2011)
This Act makes provision for the suppression of gangs and gang related criminal activity and for the better preservation of public safety and order.
This Act makes it a serious offence, inter alia, to be a gang member or to harbour and recruit children in a gang.
The Bail (Amendment) Act, 2011 (Act No. 11 of 2011)
This amendment to the Bail Act, Chap. 4:60, confers on a Court the jurisdiction to deny bail to a person who is a gang member for 120 days. This Act also includes all the substantive offences under the Anti-Gang Act.
The Trafficking in Persons Act, 2011 (Act No. 14 of 2011)
This Act provides for the National Task Force and the Counter Trafficking Unit. Numerous criminal offence are created such as trafficking in persons, inciting, organizing or directing another person to traffic in persons or children, transporting a person for the purpose of exploiting that person as a prostitute, etc.
This Act also provides for compensation to victims of trafficking, and assistance to and protection of victims of trafficking.
The Ant-Terrorism (Amendment) Act, 2011 (Act No. 16 of 2011)
This amending Act require listed businesses and financial institutions to make reports to the FIU where it has reasonable grounds to suspect that a designated entity has funds in this country; to prevent financial institutions and listed business from entering or continuing business with a person or designated entity on the consolidated list of foreign or local designated entities.
Death Penalty- Constitution (Amendment) (Capital Offences) Bill, 2011
This Bill sought to ensure the implementation of the death penalty but it was “shot down” in this House on 28 February 2011 by those on the other side despite our every effort to facilitate their concerns.
After that debate and based on the views expressed by Honourable Members on the other side, the Government sought to further engage them, with a view to reconciling our differences on how best to successfully implement the death penalty.
To that end I wrote two letters (12 April, 2011 and 1 June, 2011) to the Honourable Leader of the Opposition requesting his party’s proposal to deal with the matter. Sadly, these letters were never acknowledged.
The Government had also made public its intention to bring to Parliament more crime fighting legislation, some of which would include
• the Firearms and Kidnapping Court Bill;
• the Sexual Offences (Amendment) Bill;
• the Criminal Procedure Disclosure Bill;
• the Deoxyribonucleic Acid (DNA) Bill, and
• A Bill to abolish preliminary enquiries.
• Electronic Monitoring Bill
• Dangerous Dogs Act
• New Prison Rules
OTHER STRATEGIES
And I wish to inform you that the State of Emergency is not our last card as some would have you believe.
This is far from the truth.
We have several other bold and powerful initiatives that may be released if necessary to ensure that public safety is preserved.
For our part, our People’s Partnership government together with the people of this country will together take back our communities and take back our country.
It is a plan of action not announcements and old talk .Listen, then to our plan of action.
(1) We will extend the State of Emergency for an additional three months as is provided for under the constitution with the support of this Honourable house. The initial fifteen days, as I indicated before when I spoke to the residents of Clifton Hill during the handing out of keys to apartments there, was the first phase of the State of Emergency.
(2) We will continue to target leaders and criminals involved in gangs, drugs and guns in order to rescue communities.
(3) We will continue to flush out guns and ammunition that support criminal activity and impound them to keep them out of circulation.
(4) We will continue to target so called business that support criminal activity and that are aligned with it and which provide a cover for crime and criminal activities.
(5) The 21st century policing initiative which involves a blend of intelligence led proactive initiatives together with community policing activities will be rolled out when the emergency is over.
(6) A range of social support measures already exist that target single mothers, support for children, support for the aged, support for the needy, support for communities—these will continue under various Ministries such as Ministry of the People and Social Development, Ministry of community Development and other agencies and will be included to support and enhanced better targeted, well coordinated set of interventions.
(7) On Wednesday of next week together with the Ministry of National Security we will unveil the Morvant- Laventille Initiative as another step in the package of community support initiatives that will take place in the absence of the dangerous criminal element in these communities who make it impossible to cross from one street in the community to another parallel to it.
(8) A number of Ministerial initiatives will come together in collaborative fashion and will be coordinated in an effective manner to achieve human development and community enhancement value. These Ministries will include Ministry of the People and Social development, Ministry of Gender Affairs, Youth and Child development, Ministry of Sport, Ministry of Arts and Multiculturalism, Ministry of National Security and Ministry of Planning and the Economy which will play a coordinating, integrating and rationalizing role.
These programmes will include
a) Sports and Recreational initiatives for Youth
b) a Special Pan Yard Initiative
c) The national Adopt a School programme
d) the national Mentorship programme
e) A US Aid funded programme which involves work in basic education for out of school youth, workforce development for youth and programmes to support juvenile justice
f) Programmes to support skills building for women and make them part of a production process and system offering income and flexible work hours
g) programmes targeting early childhood youngsters in deprived communities to support their success
h) Programmes targeting young males in the primary and secondary system to support their progress and success) programmes in culture and the creative arts and related initiatives to strengthen capacity for the development of creative industries
i) The east Port of Spain Initiative for the cultural and artistic reinvigoration of east POS and the generation of creative industries and economic opportunities through culture and the arts
j) The designation of East POS as one of five (5) Economic growth Poles in Trinidad and Tobago
k) A major investment plan for Invaders Bay that will generate opportunities for contracting services and construction jobs in the first instance
l) Discussion of a plan for construction and upgrade of the POS city centre and for revitalization of life and opportunity in the national capital with key business and civil society stakeholders.
Such a project will create economic opportunities and jobs for people in the surrounding districts.
OTHER CRIME FIGHTING INITATIVES
As you are aware, the declaration of the State of Emergency is only one part of an overall plan to deal with crime.
While we have been updating the Nation continuously, it appears that the PNM ploy to mislead the population into believing that we have not, has gained some traction.
As such, I wish remind the population some of the anti crime policies and programmes to be undertaken by this government in the next few months. I urge citizens to pay attention to these and not be misled by persons whose only agenda is to misinform and create mistrust.
National Security Operations Centre
This was one of the specific deliverables in the PP Government Manifesto and National Security operational plan to reduce crime, and is in fact being utilized in our State of Emergency to ensure that all law enforcement agencies acquire intelligence in a timely manner and assists in coordination between all law enforcement agencies.
The Maritime Security Plan
Implementation of The Maritime Security Plan – Involving proper information and communication between the radar, the three tier Coast Guard vessels in their defence system, the Coast Guard installations, and Army and Police patrols
The linkage of the E999 rapid response system
Whereby all distress calls from citizens would be received in this Centre, and then by monitoring where the nearest police patrols are located, they can dispatch them in real time.
This would ensure an immediate response to distress calls, and hence provide the deterrent and also support the citizen’s confidence in knowing that they no longer have to wait for hours before they receive a response.
A Rapid response Unit nationwide, through GPS tracking and the NSOC which would ensure a timely response to distress calls by citizens.
A National Security Training Academy.
The restructuring of SAUTT to another unit which would provide greater value to reduce crime.
Offender Management
We will establish an Offender Management Division which will serve as the umbrella agency to oversee the delivery of Offender Management services through the various bodies it manages.
The Division’s main objectives will be to protect the public and reduce re-offending by giving offenders the support and opportunities the need to turn away from crime and to live productive lives.
LIFESPORT Programme
The Launch of the LIFESPORT Programme targeting at risk areas with the following objectives:
• To provide an alternative opportunity for 1800 anti-social young males to be involved in positive development through sport by 2013
• To train young people in a specific sporting discipline for two years by 2013
• To foster the development of 10-20% of participants as emerging athletes to become outstanding sport performers
• To ready a cadre of 80-90% of young males, through social skills and psychological training, for entry to certified industry specific and other forms of apprenticeship training
• To develop a cadre of young males to become certified coaches in the disciplines of football, windball cricket and basketball
• To bring about social transformation of participants through sport by fostering and developing attributes of self-image, self-confidence and self-concept.
And these are merely some of the initiatives this Government is pursuing to target crime at every level and from every direction.
TAKING BACK OUR COUNTRY
Rest assured that we have the commitment, the disposition and the resolve to take back our country from the criminals and to give it back to our people in the communities in which they live.
We love all of our CITIZENS and we want them to know that.
Under the People’s Partnership government, Trinidad and Tobago will become the best place to live, work and play in the world. We deserve no less.
Our Plan is not for State of Emergency – it is for Human freedom and peace and prosperity.
But our hand is in the lion’s mouth and we have to get it out.
When we deal with crime freedom will return naturally, confidence will come and prosperity will return as positive energies are unleashed.
May god bless our nation and hold our hands as He leads us in our walk from criminal terror and murderous reality through State of Emergency to songs of freedom, economic inclusion and prosperity for all.
Today, having had some time to reflect on the immediate effects of the decision to declare a state of emergency, I want to advise that I am more convinced now than ever that this was a good decision, and yes, if I had to do it again, I would.
I am answerable to the people of this country for every action that I take as Prime Minister.
In the end we all are answerable to the people.
This is the essence of democracy.
I am convinced that history and our people will not judge us by the problems and challenges we faced but by how we responded to them.
It is my belief that when the citizens and history judge us, they will say that we stood by their side and confronted crime head on, and defended this Nation against the criminals who had set out to wreak even more havoc on our society.
When I was elected Prime Minister of Trinidad and Tobago, I committed myself and my government to protect the citizens of this great country as our first priority.
That has not changed.
WE will not stop until our country is safe again.
My government and I have been entrusted by our citizens with the management of our nation and I would manage it as best as I could for the benefit of all our citizens.
To all of those who have called and provided information which has led to busts and arrests which have been made, I say thank you for your public spiritedness and patriotism.
WHO DO WE REPRESENT?
Look at the members of this Government, every one of us.
We wear our flag, the red, white and black with pride. A strong and visible symbol of who we are and who we work for. I do not need to strut around and bleat like some of those on the other side that “I love my country”.
The fact that I love my country of visible in every facet of my thought, word and deed!
We are not like a former PNM government who called the last limited state of emergency in this country because they had a personal problem with a woman who refused to do their bidding. That is what they did!
Imagine, criminals murdering man, woman and child in this country, and they refuse to call a state of emergency, but when the Speaker of the House, the Honourable Occah Seepaul refused to do their bidding; they called a state of emergency to deal with her! They had no concern for the foreign image of the country then!
Ask them who they represent! When MPs sit in this House of Representatives after they are elected, they do not only represent those who voted for them. You are supposed to represent the whole country.
But as they were in Government, so they are too in Opposition.
In Government, they wilfully targeted constituencies which they lost, and worked against them – against citizens of this country! I remember raising the issue that under the PNM, my constituency did not have a single CEPEP contract! Not one! Why? Because the PNM candidate in Siparia did not win.
A whole constituency deprived of an opportunity because the PNM could not think beyond party!
Look at them today! Look at their ties! They represent ONLY the PNM! How could you wear party ties at official state events and in the Parliament? You are supposed to represent all of Trinidad and Tobago not just your party!
USING SOE TO PROMOTE PETTY POLITICAL AGENDAS
Today we are discussing the extension of the State of Emergency and the curfew in certain areas.
This is a part of the Government’s fight against the criminal element in society. How can you be against it?
To those who wish to use this State of Emergency to promote petty political agendas, create panic, incite discord and promote division, I say that you are no friend of our nation.
I say that the blood that has already been shed has created no compassionate sense of empathy in you.
And I say that with or without your help, our country and our citizens will be safe again.
I say that those who would spread misinformation are intent on protecting the minority criminal element, at the expense of the safety of the law abiding majority.
I say that those who protect the criminal elements, are themselves enemies of democracy and of a free, safe nation.
To the great majority of our citizens in support of this war on crime, I say to you not to be distracted by the friends of the criminal element who would use every online, print and electronic resources to hinder our success.
You have cooperated, you have partnered with us and you have made varying levels of sacrifice for calm and security to be returned to our country.
This will not be in vain.
We will again restore safety and security to our citizens. The Government of the People’s Partnership makes that commitment to you.
At the end of today I wish I could say that your PARLIAMENT makes that commitment to you, your elected representative’s together stand with you, but alas, some people cannot see beyond their political badges.
WHAT DID THEY DO?
Perhaps the saddest part of this is that those who are most sharply critical of this State of Emergency and have been at the forefront of misinformation and pettiness have been in Government merely a year and a half ago.
For 8 years, the PNM had every opportunity to deal with crime.
With an overflowing treasury cause by high energy prices, instead of equipping the protective services with the resources they required including additional policemen, they chose to host international summits so they could parade their newfound wealth - and you would recall this also meant hiding some of our own citizens behind walls, shrubbery and trees.
On 21st February 2002, having been in Government for a mere 3 months, the PNM declared war on crime and launched the infamous “Operation Anaconda” in what was then described as targeted high crime zones.
By the way, there was no identification of what the specific targets were, how many guns were expected to be retrieved, which gangs were to be pursued or anything of the sort.
In the budget statement of October 06, 2003 the then Prime Minister said and I quote:
“The level of security enjoyed by citizens is the most critical problem facing Trinidad and Tobago today. The population is being terrorized as the criminals have declared virtual war on the society.
The Government must and shall respond. Accordingly, we now declare war on the criminals and shall do whatever is necessary…to return this nation to that state where our people can conduct their lives in full safety...”
(HANSARD Patrick Manning, House of Representatives, Appropriation Bill, October 06, 2003)
Again the PNM government declared war on the criminals! They declared war, but didn’t wage war. They were afraid of the bandits.
But talk is cheap. And that is all we got from that government. Talk and more talk. Ask yourself why!
I have not forgotten Jilla Bowen, an innocent mother who was shot and killed at Movietown. The PNM leader had reportedly described her unfortunate death as “collateral damage”. As a mother myself, I remember the rage I felt when I read the story in 2003. Several of those sitting in Opposition today were part of that Government and said nothing then. They sat silently and condoned it.
Later, on Monday September 27th 2004, the Trinidad Express reported , under the headline “T&T will win the crime fight”
Well, guess what? We did collapse under the weight of crime!
“The Prime Minister insisted that there had been improvements in the nation's security situation and assured that "Trinidad and Tobago was not about to collapse under the weight of crime".
He said the Government had taken measures to stem the crime rate and was beginning to see the results.”
(“T&T will win crime fight”, Express, Monday, September 27th 2004)
Improvements?
The Trinidad Guardian reflected the frustration being felt by the population when it published the following opinion questioning the PNM government’s response to the criminal upsurge and I quote:
“Unfortunately, under this regime the criminals are winning the war against crime.
Little wonder that a senior member of Cabinet admitted that the only people with crime plans are the criminals.”
people’s private conversations. Was there really as war on crime by the PNM?
I put it to this Honourable House, that not only was there never a war on crime and criminals under the PNM. Far from it.
DISMANTLING
Having said that, the PNM has alleged that the Government had “dismantled the national security apparatus, including the cancellation of the offshore security vessels contract; disbanded the Special Anti-Crime Unit of T&T and selling the airship.”
And this according to the PNM has “resulted in a major vacuum in the crime prevention mechanism and this is what we are paying the price for today”
I find it disappointing that the PNM will choose to mislead the public despite the abundance of information presented repeatedly on each of these matters before.
It is a matter of public record.
Suffice it to say that the PNM with all these PNM initiatives and more were impotent in dealing with crime.
The murder rate under this government has in fact gone down despite the absence of these PNM initiatives.
The crime situation was not caused by the absence of OPVs or SAUTT.
It was caused by years of dining with criminals, or giving them high paying jobs in URP and CEPEP.
It was caused by the Government of the day choosing PR and blimp, option to sing classical music to bandits and killers rather than confront them and make them pay for their crimes.
It was caused by the preference to insult the victims, call them “collateral damage” rather than treat them as law abiding citizens.
I want to suggest that if that PNM spokesman wants to look for the causes of crime, he should look a little closer to home.
Given all of this information, did the Opposition and those they seek to protect really expect that WE would do nothing?
Did they expect that we would do as they did, and call the criminals together at a luxury hotel, treat them to good food and good drinks and have “classified discussions” with them?
Did they think that we would do as they did and turn our backs on the law-abiding majority, in order to befriend the terrorizing minority?
Did they think that we would surrender the opportunity we have to bring closure for the families of Akiel, Sean Luke, Amy and Dane…children who never had the chance to grow up to become leaders in their own right?
Did they think that we would just forget them, refer to them as statistics and turn away from their memories?
No! Absolutely not! And as Prime Minister I am saying it again to this House and to the nation, through you of course, that I will not tolerate or condone criminality or criminal violence against children and the people of Trinidad and Tobago who depend on the Government to defend their safety, their rights and their country!
And I will not allow our people to forget how many lives we could have saved, and how many people could have still been here with us, with their families…
I have not done it. I will not do it. And I will not tolerate it!
And if this sounds angry it is because I am! We have no problem whatsoever with disagreement to our positions as a Government. None! It is what makes our democracy strong and validates our commitment to democratic governance.
EXTENDING THE STATE OF EMERGENCY
Well before Sunday August 21st 2011, this country was in a state of emergency.
The criminals had declared open war on the citizenry. The majority of the population was living in self imposed curfew, hiding in their own private jails while the criminals who placed them there, roamed free.
I have said that under this Government the murder rate was falling. However, we are of the view that it was not falling fast enough. Every murder is one too much.
The statistics provided here today that the curfew and the increased presence by the security forces have been making good impact.
