AT THE top of the list of rights and freedoms guaranteed by the Charter of Rights and Freedoms in a "free, peaceful, orderly and democratic society" is "the right of everyone to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice and in execution of the sentence of a court in respect of a criminal offence of which he has been convicted."

In the midst of the torrential rains from Tropical Storm Lili on Sunday morning, there was sustained shooting in the Upper Oxford Street area of downtown Kingston. A woman was shot and injured. She is one of thousands of people who have been shot and injured, and thousands of others who have been murdered as Jamaica bled its way close to the top spot in the world for murder rate after 40 years of Independence.

The shooting and injury were no surprise. They happen every day, with an average of 2.8 murders per day. A man was recently interviewed on media and asked about his feelings at the murder of his sister and her husband. "Mi no feel no way; mi get used to it now," was his response!

What will be a shocking surprise is if anyone is arrested and brought to trial for the Sunday morning shooting and injury, or for any of the recent gruesome barrel murders in that general downtown area. Many killings are from vendettas, reprisals and community 'justice' as citizens settle their grievances themselves without reference to the state. Witnesses are routinely murdered using terrorism to frustrate the trial of the very few who are arrested for serious crimes.

No one feels secure in person or feels that life and liberty enjoy adequate protection from the murderous hands of fellow citizens by the powers of the state. Furthermore the state itself infringes the right to life, liberty and the security of the person by the actions of its security arm particularly against certain segments of the population. There is a freedom against discrimination.

Soon after October 16 Parliamentarians will be swearing the new Oath of Allegiance: "I do swear that I will be faithful and bear true allegiance to Jamaica, that I will uphold and defend the Constitution and the laws of Jamaica and that I will conscientiously and impartially discharge my responsibilities to the people of Jamaica."

Some will unblushingly take the oath as representatives of communities which have suspended freedom of expression, freedom of movement, freedom of belief of political doctrines, due process of law by the state authority, and even the right to life and liberty. The president of the PNP, and Prime Minister, has declared on the campaign trail that his hands are not daubed with blood. Mr. Patterson, a Q.C. lawyer, is clearly implying that there are hands daubed with blood. Whose hands among the 60? Surely the Head of Government must do more than declare his innocence and vigorously preside over a Government determined to use the executive power of the Consti-tution to protect and uphold all the rights and freedoms of all the people of Jamaica all the time.

The Charter speaks of the "principles of fundamental justice." Surely these principles include innocent until proven guilty by due process, equality before the law including law enforcement by the security forces, the right to a speedy trial and to bail, the right not to incriminate oneself under duress.

But no less, these fundamental principles of justice include the rights of aggrieved parties to settlement and redress through the proper and lawful punishment of offenders. We ignore this side of justice to our great peril. Much of the spiralling lawlessness engulfing our land and corrupting constitutional rights and freedoms stems from the failure of aggrieved parties to obtain justice as redress through the state authority.

In defence of rights and freedoms, the state must catch and punish murderers, rapists, extortionists, dons, praedial larcenists, invaders of property rights, politicians who issue guns (and there have been allegations for this campaign), extra-judicial state executioners and beaters, and all other species of criminals abusing the rights of others. The fundamental principles of justice demand this.

The Political Ombudsman has discovered ­ to his great surprise ­ that there are communities where the MP for five years has never set foot because of fear and security concerns. The Prime Minister, the Head of the Jamaican Government, would have to travel with the whole army to enter certain pockets of this country which he leads and which has no rebel movements or war. The Leader of the Opposition, in his own West Kingston constituency, cannot at liberty enter the PNP stronghold area of Matthews Lane.

We who have no security detail, have long been circumscribed to certain safe passages and places. So well established is this curtailment of our constitutional freedom of movement that it is no longer a cause of shock and alarm. The Charter of Rights and Freedoms guarantees the "right to freedom of movement ­ the right of every person lawfully in Jamaica, to move around freely throughout Jamaica, to reside in any part of Jamaica."

Orlando Patterson, in his Jamaica 40 Independence Lecture, reminisced of his freedom to roam Trench Town at nights, following the revivalist meetings as a young university student, an experience out of which came his famous first novel The Children of Sisyphus at the time of Independence.

SYSTEMATIC TORCHING

My wife recounts the political violence and threats, the systematic torching, looting and enforced exodus in that very area of Kingston a decade and a half later. The internal refugees fleeing with only what they could carry on their heads and in handcarts, abandoning their houses, under the gun, to go up in flames as our political version of ethnic cleansing proceeded ­ citizens, who no longer had a right to reside in any part of Jamaica, or to move around freely, or to enjoy their property, or to express their views, or to associate with whom they wish.

All of us are circumscribed to our various corners by political boundaries, by crime and violence, and most of all by a generalised fear for security of person. We are confined by our burglar bars. We are confined to safe hours and a dwindling number of safe routes. (The main arterial route to the Norman Manley International Airport is now under the gun). We are obstructed by roadblocks mounted by protesting fellow citizens and by campaigning political parties. Entire, long established roads connecting communities have been allowed to fall into such disrepair as to be impassable.

And all this while the Parliament seeks to promulgate a new Charter to provide "more comprehensive and effective protection for the fundamental rights and freedoms of all persons in Jamaica". This is the fundamental issue of October 16 and beyond for citizens and Government.