Delroy Chuck | The Electoral Commission of Jamaica can manage

The Government has given due consideration to subsuming the Office of the Political Ombudsman (OPO) into the Electoral Commission of Jamaica (ECJ) carefully and extensively, and strongly believes it is the right decision. The ECJ is definitely the most appropriate body to respond to and adjudicate on instances of political misconduct across Jamaica. The body is well composed to ensure its decisions rise above partisan political and extraneous considerations.

In 2012, a motion presented by Member of Parliament Everald Warmington in the House of Representatives led to the adoption of the idea that OPO had become obsolete, citing its ineffective track record in enforcing compliance among political parties. Since then, the OPO has continued to produce lacklustre results and the present government determined several years ago not to renew the contract of the incumbent upon its expiration in 2022. Following discussions between parliamentary leaders, it was agreed that the functions of the OPO should merge into the ECJ.

Since then the Ministry of Justice has examined several alternatives to implement the decision taken in relation to this office, including the possibility of providing criminal sanctions to strengthen the authority of the OPO. It was determined, however, that the Political Code of Conduct should not be criminalised. Thereafter, consideration was given to appointing one commissioner of the ECJ, or the appointment of only the selected commissioners to serve in the role of the Political Ombudsman, but these proposals were rejected. The eventual decision to have the full complement of the ECJ assume the functions of the OPO was grounded in written communication from that body indicating that it would be willing to serve in that capacity and affirmed that the ECJ should execute the functions as an indivisible body.

The ECJ composed of four selected and four nominated commissioners, as well as the director of elections, is well placed to address and resolve any breach of the Political Code of Conduct, or treat with any incidents of political misconduct. This is due to the fact that the two main political parties are represented from the outset during any deliberations of the ECJ and the four nominated members are well versed in adjudication. This knowledge and expertise is further buttressed by the resources available to the director of elections in the 63 constituencies islandwide, that can be used to receive and verify information on the ground.

CONCERNS

Concerns have been raised in Parliament and the wider public that using the ECJ to undertake the functions of the OPO would be an inappropriate and ill-considered approach. There was also some unease expressed about whether this body would be tainted as a result of undertaking the functions of the OPO, or that instead of staying above the fray, that it would become embroiled in political controversy. It is our considered view that these concerns are ill-conceived, as the ECJ has since its inception contributed to the decision-making processes governing the establishment of constituency boundaries, the placement of polling centres and other constituency disputes. It has also on occasion had to mediate between contesting candidates.

It is the Government’s position that the ECJ is the most appropriate mechanism to operationalise the functions of the Political Ombudsman, as there are inherent similarities in the legislatively prescribed functions of both Parliamentary Commissions. The ECJ is a body that has been successful and its decisions have been accepted by the political parties and Parliament without demur. It enjoys the trust and confidence of the political parties and the wider public and we have every reason to believe that when it undertakes its additional role as the Political Ombudsman, that it will do so fairly, dispassionately and without bias.

It is accepted that the ECJ has provided exceptional service to this country since its inception, as evidenced by the numerous accolades accorded to it locally, regionally and internationally. Conversely, the track record of the office of the Political Ombudsman in the execution of its legislatively prescribed functions has not been as stellar. This is due in part to the inability of the singular office holders, to persuade non-compliant members of the island’s political parties, to follow prescribed instructions to ameliorate the misconduct. This inability to drive change will not be a feature of the future interchange between these groups and the ECJ, as its recommendations will be readily accepted by the political directorate thereby increasing the likelihood of compliance by its members with the recommended decisions.

Recognising the ECJ’s distinguished service and the OPO’s less impressive track record, the Government anticipate that the ECJ, with its authority, expertise and resources, will be instrumental in fostering a cultural shift in the behaviour of Jamaica’s political parties and their members.

Delroy Chuck is Jamaica’s Minister of Justice. Send feedback to ministers.office@moj.gov.jm and columns@gleanerjm.com