Secretaria General de la Organizacin de los Estados Americanos

DEPARTAMENTO DE SEGURIDAD PBLICA

DEFINICIN Y CATEGORIZACIN DE PANDILLAS

ANEXO VII INFORME JAMAICA (versin original en ingls)
Consultora Julie Meeks

Washington DC, junio de 2007

1. Background: Importance of gangs issues in Jamaica Jamaica Jamaica is a small island in the Caribbean, south of Cuba and north of Colombia. The island has a long history of violent encounters from the time of the Spanish conquest over the native peoples in the 16th century. England successfully captured Jamaica from Spain in the 17th century and ruled Jamaica until independence. During that time, Jamaica was an important pirate base, where looting and lawlessness were the rule. The African slave trade meanwhile provided workers for the sugar plantations which made the English planters fabulously wealthy. After the abolition of the slavery in 1838, the former slaves were kept in conditions little better than slavery as they were forced to work for extremely low wages, and were virtually excluded from education and health care systems. Conditions led to uprisings which were brutally crushed such as the Morant Bay Rebellion in 1865. Workers continued to agitate for better conditions, and widespread strikes by sugar and dock workers in 1938 led to the emergence of a labour movement and a competitive two-party system. Eventually independence was granted from Britain in 1962. Violent crime is possibly the greatest source of concern among Jamaicans according to national polls, and has been cited as the leading retardant to economic development in Jamaica and the Caribbean region1 (World Bank, 2007). Many crimes, especially violent ones are said to be based on gang activities. However, gang in this context generally denotes gangs that are headed by adults rather than youths. In the 1960s to 1970s, areas of depressed urban Kingston (Jamaicas capital) were fiercely loyal to one or other of Jamaicas two main political parties, and were apparently armed and supported by the parties as they sought political power through intimidation. After a bloody general election in1980, many of the gang members fled the island and emigrated to North America (especially New York, Toronto, south Florida and Washington D.C.) and to the U.K. where there were already large populations of Jamaican immigrants. Jamaicans had previously established routes to illegally smuggle marijuana from the island to these centres of drug use, but marijuana production was stymied through efforts of the USDEA. The Jamaican gang members, known as posses or yardies, took instead to the trans-shipment and distribution of crack cocaine and other hard drugs. In establishing turf and consolidating their trade, the gangs developed a reputation of extreme violence and ruthlessness. Efforts by law enforcement agencies to curtail their trade were very effective in the 1980s and many leaders were caught or killed by the 1990s. However in Jamaica, the gangs persisted and though they operated more quietly, continued to carry out their international illegal drug trade. In addition to drug trafficking, gangs are known to be involved in the trade of small arms and other weapons. Sources of weapons are said to be largely through the United States, but also through Haiti, and South and Central America. Jamaica has an extensive
1

World Bank (2007) Crime, Violence and Development: Trends, Costs, and Policy Options in the Caribbean. Report No. 37820. UNODC, World Bank.

coastline which is very difficult to monitor, and this facilitates the movement of drugs and guns into and out of the island. Other activities carried out by gangs include money laundering, murder and contract killing, rape and prostitution. The high cost of all these activities has recently been calculated in a joint report by the United Nationas Office on Drugs and Crime, and the Latin America and the Caribbean Region of the World Bank (March 2007). Socioeconomic costs result from a range of direct and indirect effects of violence. These include medical costs from injuries and psychological trauma, loss of quality of life of victims, effects of fear, and effects on economic growth. It was estimated that reduction of violence in Jamaica could boost annual economic growth by 5.4% is homicide rates were reduced. There have been thousands of deportations of Jamaican citizens convicted of a range of crimes from the US, Canada and the UK to Jamaica in recent years. It is widely felt that these deportees contribute to the crime and violence of the country. It is likely that some deportees join gangs once they return to Jamaica, swelling the ranks of the criminal gangs. Deportees may also be implicated in the formation of new gangs. Gangs involving community members have a much smaller impact, though within communities their involvement is significant. Similarly, school-based gangs would not have a great effect at the national level, but contribute to a fearful atmosphere and trauma among school-children. 2. What is a youth gang? Youth gangs is not a recognized category of gangs in Jamaica. Gangs which comprise young people only are limited to those found in schools (see responses to questions 3 and 5). Other gangs, that is those basically confined to communities (community gangs: see question 5) and those related to organized crime (criminal gangs) consist largely of young people (aged perhaps 15 or 16 years up to mid-20s) but also are likely to have a number of older people mid-20s to 40s or older, who are likely to be the leaders. These are thus considered adult gangs. There are occasional situations where a younger person becomes in charge of a gang, usually after the previous leader has been killed or imprisoned. 3. What differentiates a youth gang from other groups of children and adolescents? As already stated, youth gangs is not a specific category recognized by authorities. School gangs differ from other groups of young people in their propensity to carry out extortion, intimidation, rape and other criminal acts, and having delinquent activities as one of their primary reasons for being. School gangs will, however, also carry out other activities such as playing games (usually football (soccer) or basketball), attending cinemas or dances together, and walking home from school together. On the other hand, other groups of children and adolescents are also likely to occasionally carry out delinquent acts, typically extortion and intimidation, and non-delinquent activities similar

to those the gang members undertake. The differences therefore lie in the degree of the delinquent activities, in stating that such activities are part of their plans (rather than occasional, ad hoc opportunistic events), and in acquiring a reputation for carrying out these activities. 4. How have youth gangs evolved? Is there a pathway from youth gangs to adult gangs? As explained for question 2. above, there is no specific category called youth gangs operating in Jamaica. School gangs appear to be related to gangs in communities, in that members observe and are familiar with gang operations in their communities, and in some cases contribute to gang activities. They may see themselves as an offshoot of more structured criminal gangs and may even use the same names as criminal gangs from their communities. However there is no known case where this is done with the knowledge and sanction of the criminal gangs, who in fact are wary of the youngsters carrying out activities which might cause trouble. For example, a rape of a girl from one community by schoolmates might trigger reprisals from another community, disturbing a peace or truce between those communities. Many youngsters including those in school gangs and those on the fringes of criminal gangs aspire to belong to criminal gangs. These gangs are seen as a career pathway with potential for material goods, prestige and a level of security as gang members protect each other. Youngsters hanging around gang members may be first asked to run innocuous errands (e.g. buying cigarettes or phone cards), and to act as lookouts for staff of the electric company (coming to disconnect illegal connections to the power grid) or for police cars on patrol in the areas. Having demonstrated eagerness and reliability, youths (inevitably boys) may be asked to transport or hide firearms. (They are less likely to be stopped and searched by police than older men.) The next stage of induction into gangs would be to join members on a mission i.e. a robbery, killing or other operation. This form of apprenticeship is not limited to members of school gangs, but will likely occur in communities where young boys at loose ends are hanging around criminals. 5. How are gangs categorized in Jamaica? There are no formal categories of gangs being used in Jamaica. The following is a working categorization without formal endorsement. The term gangs is frequently used by the police and by the media, and generally refers to the first category presented here: criminal gangs. Criminal gangs: This refers to gangs carrying out organized crime involving firearms, and typically drug trafficking. Other activities may include robbery, extortion, rape, prostitution, contract killing and other murders. These are the gangs which were known as posses or yardies especially in the 1980s, and were characterized by their extreme

violence and ruthlessness.2 It is generally accepted that the form of these gangs arose through political warfare in the 1960s to 1970s in Western Kingston with the gangs being armed through political connections with one or other of the two major Jamaican political parties. In spite of denials and distancing by the political parties in the decades since, there remains an association of these gangs with the parties in so far as the gangs see themselves as affiliated with one of the parties. Typically they are well-connected internationally, to sources of illegal drugs in South and/or Central America, to North America, the U.K. and Europe where drugs are sold. These gangs are also likely to be involved in legitimate business activities. These gangs generally have a name, are associated with a particular community, are highly organized and hierarchical, and are well known to the police. The size of the gangs varies considerably and may comprise a few dozens to several hundred members. However splinter factions may spring up especially when the leaders are killed or imprisoned which are less formally organized and less well known. Gang members tend to consist of the leaders and a loyal core, along with many other hangers-on who may be involved in crimes at different times. There is little reliance on external identifying markers such as tattoos, colours or graffiti. (Graffiti is however used to memorialize fallen gang leaders, along with other well known Jamaicans.) Gangs cement loyalty through sharing largesse and offering protection to community members. Community gangs : These are community groups that typically mobilized in order to provide community security and organizing for youth clubs, football fields and so on. Unfortunately some of the groups also undertake protection activities, which essentially involve extortion from small businesses and others. Although illegal activities may take place, these are not hard-core criminal gangs with the extensive networks of drug and gun dealing. Some community groups completely abhor illegal activities and would not fall under this categorization. The age range of the members is similar to that for criminal gangs, comprising youth in their late teens and early twenties, and older men from midtwenties to perhaps forties. School gangs : School gangs refers to groups of youngsters (overwhelmingly boys) in schools. These are described more fully in questions 3. and 4. above. 6. What motivates entry of youngsters into gangs? There have been no formal studies in which entry of youngster into gangs was explored. Anecdotal descriptions suggest a typical route: youngsters in the neighborhoods, particularly those without a strong home background with adults present, will be observed and drawn into gang activities. At first, small innocuous tasks will be given, such as to go to buy cigarettes. Later on the youths may be asked to act as look outs for police cars, vehicles from the electric company (who disconnect illegal connections to the electricity grid) and so on. Depending on the enthusiasm and reliability (and availability) of the youngsters, they may later be asked to carry weapons or ammunitions, or to store
2

For example, see Berhms M, Dang J (2006) Background Paper on Youth Gang Interventions in the United States. URC, Bethesda.; Gunst L (1995) Born Fi Dead: A Journey Through the Jamaican Posse. Henry Holt & Co.; Small G (1995) Ruthless: The Global Rise of the Yardies. Little Brown & Co.

these. Youngsters are generally pleased to be paid attention by the gang members, who are generally men with high standing in the neighborhoods. They may also be given small gifts of cash, or cell phones. Among the other neighborhood youngsters, those sought as assistants to gang members may be accorded higher status. Jamaica has an extremely high level of births out of wedlock, and fathers are often absent from their childrens lives. Strong male figures, i.e. gang members, may provide surrogate father figures for youngsters. There is also recruitment of gang members in jails and prisons. Another mode of entry into gangs follows the murder of family members of the youngsters, especially parents. The youngsters are anxious to retaliate, and gang members may intervene to insist on a cooling off period, so that the youngster does not in turn become a target. They may even effect retaliation on behalf of the youngster. The youngster may be sent out of the community, and supported by the gang members. When he is older, he will have unswerving loyalty to the gang member(s) who supported him. This is not the most frequent entry into gangs, but the ties formed in this way are extremely strong. There are few opportunities for upward mobility among young men in depressed areas. Education may be too costly, and the material benefits are not great. (There are stories of male teachers being laughed at by male students as they cannot afford cars, for example.) One highly visible route to material advantage is gang membership, which typically affords a glamorous lifestyle for its leadership cadre including expensive cars, extensive partying, and abundant women. Although the risks of death or prison are also clearly evident, these are frequently considered to be acceptable for the short term gains. Although there are no reports on factors related to gang membership, one longitudinal study on aggressive behaviour indicated that risk factors included high exposure to neighborhood violence, greater poverty, family discord, lower intelligence levels, and physical punishments; while parents being married, practising religion, parental affection and emphasis on schooling were associated with lower risk3. It is likely that these risk factors also contribute to gang membership.

Meeks Gardner J et al (2007). Determinants of aggressive and prosocial behaviour among Jamaican schoolboys. West Indian Medical Journal,

7. What are the risk factors for the development of violent gangs? There are already a large number of violent gangs (criminal gangs as described above) in Jamaica. Their original development was highly associated with poor, depressed urban neighborhoods with high unemployment. The political landscape of urban Kingston (Jamaicas capital) has been a checkerboard reflecting community loyalties to one or other of the two major political parties, and the gangs originally operated to support these parties (in the 1960s to 1970s). These links appear to have weakened considerably, and the political parties strongly deny links to criminal activities. However the communities remain aligned to political parties, and virtually all gangs would describe themselves as party supporters. However, there are mercenaries within gangs who will carry out activities for anyone, regardless of political affiliation, for a given price. New gangs are frequently splinter or satellite organizations of larger, more established gangs. These come about because of a leadership challenge, because a leader is imprisoned or killed, or because the geographic location of the primary gang is somewhat distant from the satellite location. New gang formation without an original gang source may occur in communities where gangs were previously inactive, such as in rural areas, or where older gangs have been successfully dismantled through the efforts of the security forces. 8. What are the effective legal frameworks to prevent/ sanction ties to gangs? Gangs are not classified as a legal entity in the Jamaican justice system. Therefore there are no specific legal frameworks either to prevent or to sanction ties to gangs. There are laws relating to conspiracy and accessory, if prior knowledge of, or participation in, crimes can be proven. Recent legislation which allows for the forfeiture of assets once it can be proven that the assets were obtained through illegal activities are expected to have a negative impact on gang leaders.

9. What specific preventative measures for each category of gangs would you recommend? Would it be necessary to modify legislation to achieve these measures? Criminal gangs Measures to counter these hard-core, well established criminal gangs need to focus on suppression tactics, rather than prevention. On-going activities through the criminal justice system include additional specialized units such as the Organized Crime Unit, which has a mandate to dismantle criminal gangs. Additional legislation to criminalize any gang association is not thought to be desirable in the Jamaican context, as too many non-criminals will be affected. Community gangs The focus on these groups should be to minimize and reverse the criminal activities through social intervention mechanisms. This is especially important as the stated reason for being among these groups is not criminal activity, but rather community support. There is a dilemma in recommending the type of gang-related legislation which makes it criminal to associate in gangs. To start with, gangs are not legally defined. Legislation to reduce gang activities is thought not likely to be effective, and would negatively affect present civil liberties such as the right of assembly. The very strong human rights lobby groups would be opposed to this. School gangs Prevention to reduce the desirability of these groups, and intervention to curb delinquent activities is needed in order to reduce this phenomenon which by all accounts is growing. Acknowledgements I am grateful to the following for extremely helpful discussions: Professor Anthony Harriott, Horace Levy, Donna Parchment, Colonel Oral Khan, Superintendent Rosie McDonald-Barker, Drum Manley Drummond and Inspector Mark Allen.