Know Your Rights

Bringing awareness to the population of the different rights you have as a Jamaican citizen, child and student of Northern Caribbean University. -CJUS241

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How Should NCU’s Campus Security Approach Students?

Blog #10

This is the final blog in this series and in this blog, I will highlight and give suggestions to how NCU’s campus security can approach students without infringing on their rights as being both students and a citizen. It was indeed a pleasure imparting my knowledge with you all and getting all this love and support/ positive feedback. 

Importance of Campus Security

It is important for every educational institution to have various measures and campus security in place so ensure the safety and security of all students. Campus security has the ability to relieve the concerns of parents so that they will be comfortable with leaving their child at the institutions.  Having campus security helps to prevent violence, manage student diversity, lighten the burden of first responders in the event of a fatal accident, and address the issues faced by students. 

Approaching Students Without Infringing on Their Rights 

All students of the Northern Caribbean University are entitled to the rights of a citizen and the rights of students as outlined in the Constitution, the student handbook and code of conduct, once they meet the necessary requirements. Campus security is expected to:

Be Respectful and Courteous in their Approach. Students are not to be treated as less important when compared to other members of staff. Hence, they must be treated in a respectful manner when they are being approached. If security personnel approach students respectfully without treating them as inferior, the students will be able to build a better bond with these officials and therefore a safer campus for all. 

Be Bold but not Forceful. Campus security is expected to be bold and fearless when carrying out the task of safety and security; however, they should not be forceful and intimidating when asking students questions or giving them information.

Be Calm. All interactions must be free of tension, in which students can be comfortable with reporting any safety or security concern. This will lead to an environment where both parties cooperate to create a safer overall space.

Campus security should approach students in ways that will strengthen each student’s relationship with/appreciation for them. This will positively affect the institution by creating a safer space in which students, teachers and all staff members can learn, depart knowledge and interact with each other. 

Educate Yourself, and Know Your Rights! Thank you for reading and actively participating in this blogging series. xo - Zorian Clarke

Reference

Twin City Security. (2017). Five Reasons Why It is Important to Have Campus Security. https://www.twincitysecurityal.com/news/37-five-reasons-why-it-is-important-to-have-campus-security 

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Expectations of Police When Approaching Citizens and Non-Citizens

Blog #9

This is blog nine of ten, which is written to educate viewers on what is expected of police officers when they are approaching citizens and non-citizens. 

Code of Conduct

Many officers often use their level of superiority and authority for negative purposes and lose sight of how they should conduct themselves when approaching others. As soon as citizens or non-citizens are approached by police officers, they must be Mirandized or provided with a cautioning statement which involves informing them of their legal rights.

Force

When an officer is approaching citizens and non-citizens, he/she should refrain from using force as their first option. Force should not be used even if questions, requests or commands were ignored since citizens actually have the right to remain silent. 

Courtesy

Law enforcement officials should also be fair and polite when interacting with various individuals. When officers are courteous, they tend to get along better with citizens and non-citizens and these individuals find it easier to speak to and follow the directives of police officers. 

Asking Questions

When asking questions, police officers should again be polite. Questions should be asked in a respectful manner so that individuals are not intimidated, whether they are citizens or non-citizens. These individuals do have the right to remain silent, and/or contact a lawyer before answering any questions. 

Making Reports/ Taking Statements

When taking statements, officers must be patient and ensure that they understand all that is being said so that the statements will be accurate. Statements from children (under 12 years) and juveniles (under 16 years) whether citizens or non-citizens must be done in the presence of a parent, guardian or social worker. 

Identification 

Citizens and non-citizens have the right to be able to identify an officer for personal reasons as well as to be able to properly address them. They also have the right to see your identification card which displays your name and signature. While this may not be requested of uniformed officers, it is a requirement for officers that are not in uniform.

Police officers should approach citizens with a high level of professionalism, respect and reassurance. They should not drive fear in these individuals or try to intimidate citizens or non-citizens. All individuals must be treated fairly/ justly and must be reminded of their rights. Police officers should try to respect the rights of citizens and non-citizens at all times. 

Educate Yourself, and Know Your Rights! Stay Tuned for More! - Zorian Clarke

References

Jamaica Constabulary Force. (n.d.). Police-Citizen Relations in Jamaica. OAS.org. http://www.oas.org/es/sla/dlc/mesicic/docs/jam_res26.pdf

The Police Code of Conduct

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How should Citizens Behave when approached by the Police?

Blog #8 

This is blog eight of ten which is geared at educating the public of the guidelines for behaviour when a citizen is approached by police officers.

The Right Behaviour

Many citizens tend to become anxious, tense and fearful when approached by police officers in uniform, while others tend to be easily triggered or get angry. However, how we behave when approached by law enforcement officials greatly affects the outcome of the particular situation. When approached by a police officer, it is important that citizens:

Keep Calm and Show no Hostility - It is important that you show no signs of anger towards police officers. Ensure that you maintain your composure, because you are innocent until proven guilty and innocent citizens have no reason to be fearful or angry. 

Do not Run -  Running away, due to fear or otherwise, when approached by an officer in uniform can make matters worse. Running often makes citizens appear guilty even if they are innocent, and this may cause the situation to escalate way more than it should. 

Refrain from Speaking Out of Turn and Only Answer What is Being Asked of You- Everything you say can and will be used against you in the court of law; therefore, it is better to speak in the presence of your attorney if you have one, so that you do not incriminate yourself. 

Be Courteous- Be as respectful as possible when you are approached by a police officer. Refrain from using expletives or indecent language that can lead to additional charges being filed against you by the police officers, that may worsen the situation at hand and negatively affect the verdict. 

Ask Relevant Questions- As citizens we have the right to protection from searches etc.; however, these rights may be forfeited in certain situations (for example, if you are suspected of committed a crime). Citizens still have the right to questions these officers as to why they are being stopped, questioned, searched, approached or why their belongs are being seized. This will allow for citizens to be aware of what the officers expect to find and will help citizens to decipher if the actions of the police are legitimate or constitutional. 

Listen Carefully and Follow the Directives of the Officer- Ensure that you are able to clearly understand what is being said by the officer, so that you may restate this information if necessary, and so that you may clearly execute the instructions that he or she gives without . 

Educate Yourself, and Know Your Rights! Stay Tuned for More! - Zorian Clarke

References

Jamaica Constabulary Force. (n.d.). Police-Citizen Relations in Jamaica. http://www.oas.org/es/sla/dlc/mesicic/docs/jam_res26.pdf

The Police Code of Conduct

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Responsibilities of Police Officers and Agents of the State

Blog #7

This is blog seven of 10 which will highlight the various responsibilities and duties of not just police officers but also other agents of the state. 

Responsibilities of Police Officers

Police Officers are given numerous powers such as the ability to use force, the power of arrest, and a few others. Having such powers comes with great responsibility, and these powers of police are only legal in cases where they are being used to fulfill their duties and responsibilities. The responsibilities of police officers include but are not limited to:

Preserving the Peace- enforcing laws and maintaining public order

Protecting the citizens and their properties.

Protecting the country’s borders

Serving and executing summonses issued by the Court.

Detecting and preventing crime- by patrolling and community policing.

Apprehending criminals

Interviewing suspects and taking statements

These are only a few responsibilities of Police officers in Jamaica.

 Responsibilities of Agents of the State and the Government

 Agents of the state refer to those individuals who are members of parliament, are a part of the security forces, and/ or who are somehow directly aligned to the government and contribute to the overall running of the country. These agents have numerous responsibilities which vary depending on their facility or their area of expertise. Along with many others, the following list contains a few responsibilities: 

Serving and protecting citizens and their property.

Maintaining public order.

Providing world class health care to citizens.

Protecting the Constitutional Rights of all citizens.

Provide public services, national security and economic security/assistance.

Each individual must play his/her part in carrying out their responsibilities to ensure the smooth running of the country.  

Educate Yourself, and Know Your Rights! Stay Tuned for More!- Zorian Clarke

Reference

Jamaica Constabulary Force. (n.d.). Police-Citizen Relations in Jamaica. http://www.oas.org/es/sla/dlc/mesicic/docs/jam_res26.pdf

The Constabulary Force Act

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Responsibilities of Citizens

Blog #6

This is blog six of ten, which will highlight the various responsibilities that each citizen has. Some responsibilities of citizens are voluntary and may be just an act of good will. 

Responsibilities of Citizens

Citizens are afforded numerous rights and privileges; however, with these rights come multiple responsibilities. These responsibilities include:

Defending and supporting the Constitution.

Paying their share of taxes as outlined by the government.

Abiding by/Obeying all the laws of the land.

Participating in the Democratic Process- by voting or any other means.

Serving as a member of the Jury when call upon to do so.

Serving as a witness in Court if summoned.

Not all responsibilities of citizens are mandatory; therefore, there are certain responsibilities that are voluntarily executed by citizens of a particular area. These include and are not limited to:

Showing patriotism

Being an active member in the community 

Actively participate in civic organizations - community based clubs and organizations that provide development whether religiously, economically, educationally or culturally. 

Understanding and using the judicial process accordingly.

Cooperating with law enforcement agencies and helping other citizens.

Being informed on current affairs. 

Citizens must be willing to cooperate and carry out their various responsibilities both voluntary and involuntary in order for the country to function effectively. 

Educate Yourself, and Know Your Rights! Stay Tuned for More! - Zorian Clarke

Reference

The National Library of Jamaica. (2020, June 2) Rights and Responsibilities of a Citizen. Civics. https://nlj.gov.jm/civics/

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Persons, Agencies and Organizations that Assist with Rights

Blog #5

As citizens of Jamaica, it is easy for our rights to be violated and disregarded due to the high levels of lawlessness within our society. Most citizens often settle with their rights being breached, due to ignorance and not being able to identify the right channels that are able to assist them. All organizations or agencies that assist with our rights are somewhat tied to the Ministry of Justice that is headed by the Hon. Delroy Chuck. 

Legal Aid Counsel

The Legal Aid Counsel in Jamaica is located in Kingston and caters mainly to citizens who are unable to afford personal legal representation. In the event that you have been arrested or brought before the court, the legal aid counsel is responsible for providing you with legal representation if you have requested and applied for such representation. 

The Independent Commission of Investigations

INDECOM has become a very popular organization in recent times, as they continue to ensure that citizen’s rights are being enforced and protected at all costs. INDECOM is responsible to handling situations in which an individual’s rights have been breached by police officers, members of security forces, members of correctional services, or by anyone who is supposed to be responsible for enforcing our rights instead of violating them. 

Office of the Public Defender

The office of the public defender is established under the Public Defender (Interim) Act, which highlights that its responsibility is to protect and enforce the rights of citizens who have been wronged by a governmental agency or department. This agency is open to the general public; however, it is specifically for those individuals who have faced injustices or breach of rights by public sector entities.

The Office of the Children’s Registry (OCR), the Child Development Agency (CDA) and the Office of the Children’s Advocate (OCA)

The OCR, CDA and OCA along with other agencies assist in ensuring that they protect and defend the welfare of the nation’s children. These organizations abide by the Child Care and Protection Act (2004) which provides legal guidelines for the care and protection of children. These organizations support children whose rights have been breached through abuse, abandonment, neglected or otherwise. These agencies care for children who are in state care and  advise the government on policy and legal issues relating to children.

There are numerous agencies that are responsible for enforcing our rights and protecting us from violations; however, the aforementioned are some of the most common ones. 

Educate Yourself, and Know Your Rights! Stay Tuned for More!- Zorian Clarke

Reference

Di Gleaner Jamaica. (2017, May 8). Protecting Jamaica's children: The OCR, OCA and CDA -. diG Jamaica. Retrieved October 12, 2021, from http://digjamaica.com/m/blog/protecting-jamaicas-children-the-ocr-oca-and-cda/.

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Breach of Rights

Blog #4

How can rights be breached? 

As citizens our rights or privileges are not absolute, and as a result, each right bears certain limitations. Rights are equally available to all persons and should be respected; however, in certain situations they may be suspended, revoked, taken away and/or become susceptible to breaches and violations. According to the Charter of Fundamental Rights and Freedoms, chapter 3 section 13 subsection 9, one’s right to freedom of movement may be restricted when dealing with situations of public emergency or in the event of a pubic disaster. This is currently evident in Jamaica where curfews and no movement days are implemented to restrict movement in an effort to minimize the spread of the Corona Virus. An individual’s rights may be suspended in the event of a war, catastrophe, or threat, and may be undermined an effort to protect the public’s interest. 

The aforementioned exceptions and restrictions are in place for the public’s safety; on the other hand, breaches of rights refers to the blatant disregard and violation of a citizen’s rights by others especially law enforcement officials. This is a pressing issue especially in this covid-19 pandemic where law enforcement officers abuse their power and resort to force. Examples of how police officers breach our rights include:

•subjecting citizens to violent and inhumane treatment during their interactions with the criminal Justice system (police brutality)

•using an individual’s social or racial background to determine the verdict,

•by protecting the individuals or organizations that have breached our rights, because of their level of power and authority.

The following video depicts an ex police officer who is highlighting various constitutional breaches and the involvement of INDECOM (Independent Commission of Investigations). 

How can this be remedied?

Once an individual believes that their rights are being violated or threatened, they may make a formal complaint against the offender or organization responsible for the breach, take legal action, and apply to the Supreme Court (or on appeal to the Court of Appeal) for enforcement of rights and for these breaches to be rectified. There are many agencies and organizations that can assist citizens whose rights have been breached, and this will be highlighted in the next blog post.

Educate Yourself, and Know Your Rights! Stay Tuned for More! - Zorian Clarke

References

Anderson, John. (2018, January 14). Jamaican ex police highlights constitutional breach. https://youtu.be/NCSCm-DXXGI

The Jamaican Constitution

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Rights of Various Individuals- Children and Students of NCU

Blog #3

This is blog three of ten, which will highlight the various rights of a child and the rights of students that attend the Northern Caribbean University.

The Rights of a Child

A child is anyone under the age of 18 years. In addition to the overall rights for a citizen mention above, a child is entitled to the following:

According to the Constitution Chapter 3, section 13 (3), subsection 2(k):

the right of every child;

 (i) to such measures of protection as are required by virtue of the status of being a minor or as part of the family, society and the State.

(ii)who is a citizen of Jamaica, to publicly funded tuition in a public educational institution; the pre-primary and primary levels.

According to Unicef in the Conventions of the Right of the child, signed by Jamaica in 1990, a child is entitled to the following:

the right to survival;

the right to develop to the fullest;

the right to protection from harmful influences, abuse and exploitation; 

the right to participate fully in family, cultural and social life

The Rights of Students of Northern Caribbean University

Students of Northern Caribbean University who are citizens of Jamaica are entitled to the rights stated above. In addition, Northern Caribbean University’s student guide outlines the various rights and privileges that these students have. These include:

Students’ rights to enquire -explore matters regarding university policies that affect personal life, or concerns of general interest.

Students’ right to appeal (page 45)

The right of every student to access computers and to use the internet to exchange information with the general public/persons of similar interests, and to provide data sources to assist students in accomplishing their course requirements and programme goals (page 13).

The right to access a health insurance plan- except in cases where students already have other valid health insurance coverage (page 27).

The right to respect for individuality and freedom of expression/ creativity in decorating dorm rooms- once it does not alter, deface, damage or ruin the walls, ceilings, tiles, furnishings or light fixtures (page 32).

Educate Yourself, and Know Your Rights! Stay Tuned for More! - Zorian Clarke

References

Do Good Jamaica. (n.d.). Children’s Rights. https://dogoodjamaica.org/childrens-rights/

The Jamaican Constitution; the Charter of Fundamental Rights and Freedoms

The Northern Caribbean University’s Student Guide and Code of Conduct

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Rights of Various Individuals- Citizens

Blog #2

This is blog two of ten, which will highlight the various rights of regular Jamaican citizens, and who are entitled to these rights.

Who is a Jamaican?

According to the Constitution, a Jamaican citizen is one who was born in the country (chapter 2, section 3(a)), or born in a ship or boat registered to Jamaica or belonging to the government (chapter 2, section b, subsection 2). Jamaican citizenship can also be obtained by descent (chapter 2, section 3(c)), marriage (chapter 2, section 7, subsection 1), or registration (chapter 2, section 4, subsection 1).

The Rights of a Jamaican

According to the Charter of Fundamental Rights and Freedoms, chapter 3, section 13(3), subsection 2, the rights of Jamaican citizens include, but are not limited to the following:

the right to life, liberty and security of the person

the right to freedom of thought, conscience, belief and observance of political doctrines;

 the right to freedom of expression;

  the right to seek, receive, distribute or disseminate information, opinions and ideas through any media;

 the right to freedom of peaceful assembly and association;

 the right to freedom of movement

 the right to equitable and humane treatment by any public authority in the exercise of any function

 the right to freedom from discrimination

the right of every citizen of Jamaica (ii)who is so registered, to vote in free and fair elections;

 the right to protection from torture, or inhuman or degrading punishment

Educate Yourself, and Know Your Rights! Stay Tuned for More! -Zorian Clarke

Reference

The Jamaican Constitution: the Charter of Fundamental Rights and Freedoms

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Introduction- Know Your Rights

Blog #1

This is blog one of ten which will shed light on the different rights we have as Jamaican citizens, children and students of the Northern Caribbean University. For the next few weeks, I will be bringing to your attention the various rights that we have, the solutions to cases in which one’s rights have been infringed upon, the numerous organizations that assist in ensuring that our rights are not being breached, as well as the responsibilities/ expectations of police officers, citizens and non-citizens. To begin this series of blogs, we will define a few terms and broaden our knowledge of basic principles surrounding our rights.

What Are Rights?

Rights refer to social, legal or moral laws, principles and freedoms to which one is entitled after meeting certain criteria. For example, a person born in a specific country has met the requirements of being a citizen, and is therefore entitled to education (a basic human right) that country.  Rights can be placed in either of the following categories:

Moral Rights

Human Rights

Natural Rights

Legal Rights - Civil, Economic, Political

Contractual Rights

Human Rights are the most common types of rights. According to Civil Service India, these are rights that are morally important  to which every human being is entitled despite their ethnicity, gender, religion etc. For example, the right to life, the right to food, the right to an education.

Where Can Our Rights Be Found?

As Jamaicans, it is quite important for us to know our rights so that we may be able to discern when they are being violated. The rights of all Jamaican citizens are outlined in the Jamaican Constitution, specifically the Charter of Fundamental Rights and Freedoms, Chapter 3 Section 13.

Educate Yourself, and Know Your Rights! Stay Tuned for More!

~Zorian Clarke

Reference

Civil Service India. (n.d.).  Rights: Meaning and theories; different kinds of rights; concept of Human Rights. IAS Guide. https://www.civilserviceindia.com/subject/Political-Science/notes/rights-meaning-and-theories.html