Trinidad and Tobago is a member of the United Nations and is party to both the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Drugs and Substances as well as the 2000 UN Convention against Transnational Organized Crime and 2001 Protocols. These are international obligations, and they have a corresponding effect on our domestic jurisdiction as well as making a positive contribution to international peace and security. The term pacta sunt servanda is a binding requirement or acceptance by states that they should perform their obligations in good faith. Particularly relevant to the law of treaties-eg, the Vienna Convention on the Law of Treaties is article 26 of the said treaty, which provides that 'every treaty in force is binding upon the parties to it and must be performed by them in good faith.
Under the UN Security Council Resolution 1373, section 4, notes with concern the "close connection between international terrorism and transnational organised crime, illicit drugs, money laundering, illegal arms trafficking, human trafficking and smuggling, and illegal movement of nuclear, chemical, biological and other potentially deadly materials. In this regard, it emphasises the need to enhance co-ordination of others on national, sub-regional, regional and international levels in order to strengthen a global response to this serious challenge and threat to international security.
Dilemmas in NS Law
As far as Trinidad and Tobago is concerned, there is no greater role and no more important obligation for a government than the protection and safety of its citizens. Naturally, a clear and meaningful and effective approach to security is just not the foundation of its prosperity, it will be the best assurance that coming generations will continue to enjoy the very best qualities that made Trinidad and Tobago. Such a magnetic attraction to peoples from all different countries, Trinidad and Tobago continues to be a desired place of abode in the world. At its core, national security creates the environment in which other values flourish. As a matter of fact, protecting national security is not just an option or policy choice, it is the sine qua non to the very existence of the rule of law and our democratic system of government. Without adequate security, rights enshrined in the constitution are unattainable.
Complex mandate for Gibbs
In this post 9/11 international security environment, one is not certain whether this current batch of ministerial national security personnel are ideally equipped to confront the scourges of these transnational offending crimes and transnational criminal organisations. Political rhetoric on security has filled the digestive process of a nation of weary people. Attempting to fill the breach of a rather neglected area of deep national security intelligence strategy is going to require a crucial level of expertise. It may be interesting to see how Commissioner Gibbs can fuse Canadian intelligence expertise to that of the local police. The point here is that he has to sort out quickly those upon whom he can rely for trusted support in deep covert operations.
There is simply no merit to indicate that crime has decreased for the past months. More importantly when the citizens see a difference in police attitudes, service and those who are really involved in the guns and drug trade brought to justice from all aspects of society, then those sentiments will be expressed. Commissioner Gibbs is now facing the crude realities of dealing with crime in its several disguises. It could not have come closer than to have his ASP Joel Nedd shot and killed at home, according to newspaper reports. This act is no longer a rude awakening to him and his colleague Jack Ewatsky. All his community visits point to two salient features, lack of police respect and abuse and layers of police involvement in alleged acts of corruption.
This understanding requires a different approach and intelligence strategy. One of the most significant factors confronting Commissioner Gibbs and his assistants is what to do to get rid of the illegal guns in Trinidad and Tobago. The record under several administrations show that the increase in crimes and murders are due to the availability and ever increasing presence of these illegal weapons and as Gibbs have realised himself. No Minister of National Security has meaningfully addressed this problem except with political rhetoric and unfulfilled promises which are like the ropes of sand. Crime plans have become the epitome of jokes given our culture and society. Commissioner Gibbs is being capably advised by consummate professionals in this area, he will develop a new and dynamic intelligence strategy to make any improvements in deterring, detecting, and providing a flexible response to curb this onslaught on civil society.
Gibbs, like others before him, must not begin to use the same police mantra, and must be careful not to be lured into a trap of social divide between the politicians and elites of society and the rest of the society. While legislation may be good, it is not the panacea for all the ills prevailing. The apparent inability to be consistent in proactive enforcement measures has also created innumerable problems like turning a blind eye. If not apparent, he will soon recognise the influence of "officialdom" and "the elite" penetrating and compromising national security on all fronts. It is only when Commissioner understands this concept and initiates a unique brand of intelligence collection with specialised professional and begin taking "the bull by its horns" from politicians, to lawyers, to the business elite, and all involved in white collar criminal operations, then he will earn the respect of the populace.
Unless those issues are not addressed, Commissioner Gibbs and his colleagues will be just statistics in Trinidad and Tobago. Commissioner Gibbs does not need any one to tell him that the society and culture flourishes on wheeling, dealing and corruption. Even Ministers of Cabinet have made pronouncements on this matter of corruption.
To be continued next week–human trafficking and positive recommendations