Office of the Public Defender a Cornerstone in Upholding Jamaica’s Constitutional Integrity

The Office of the Public Defender (OPD) remains pivotal in safeguarding the constitutional rights of Jamaicans.

The OPD’s genesis dates back to the 1970s when Jamaica’s first Ombudsman was appointed, with a focus on remedying maladministration.

Former Public Defender, Earl Witter, emphasised the institution’s importance in upholding democracy and protecting fundamental rights.

“The remit of that Ombudsman was exclusively to remedy maladministration after investigation. For the office of the Ombudsman… in the 1990s, certain functions having to do with the ethical conduct of politicians and election-related matters were added to the remit. That was carved out of the remit of the Parliamentary Ombudsman in 2002 when the Office of the Political Ombudsman was established,” he told JIS News.

The Office of the Public Defender was officially established in 2000 through the Public Defender Interim Act.

Mr. Witter served as Jamaica’s Public Defender from 2006 to 2014, during which he championed justice and human rights.

He informed that the need for an established office mandated to protect and enforce the constitutional rights of citizens was borne out of a need for institutions that support the nature of Jamaica’s system of democracy.

“Those constitutional rights are practically all that some people have in this country, and those rights are shared by any citizen or person within the jurisdiction of the Jamaican courts,” he pointed out.

These include the right to life, freedom of expression and freedom from arbitrary arrest and detention, among others.

“When we talk about constitutional rights, we focus on fundamental rights and freedoms originally delineated in Chapter Three of the 1962 version of the Constitution,” Mr. Witter added.

He further highlighted that the OPD is unique in its hybrid nature, combining the functions of an Ombudsman and a Human Rights Commissioner.

“In some other countries, there is an ombudsman mandated to investigate and remedy complaints of maladministration by the government by which the citizen is left aggrieved, and in others, there are separate and discreet human rights commissions. In Jamaica’s case, the Public Defender is hybrid, because its purpose is to combine both functions – that of an Ombudsman and some [aspects] of Human Rights Commissioner,” Mr. Witter stated.

The Office of the Public Defender, now in its 25th year, remains a cornerstone of Jamaica’s democratic framework, ensuring that the rights of citizens are protected and upheld.