The EMA's parent ministry, the newly-created Ministry of the Environment and Water Resources, is aware of noise issues, and is moving to address them. Junior minister Ramona Ramdial said she lives in an area where the "noise culture" is pervasive.
"As MP for Couva North, I have complaints that come to the office, sometimes on a daily basis, about the noise," she said.These include complaints about factory noise, bars, and cars. In her constituency, a particular problem is residents converting their premises to business places.
"Sometimes I get e-mails at 2 am from my constituents, who say 'We called the Chaguanas police and nothing is happening, can you intervene?'"Despite the fact that the EMA is the institution responsible for the environment, Ramdial said the burden of enforcement falls on the Ministry of National Security, but "the police themselves are not very well educated as to their jurisdiction."
She has spoken to senior officers in Chaguanas, who have been obliging in responding to noise complaints, but she admits noise is not a priority, and sometimes, police resources are stretched too thin to respond. An example of the routine subversion of the EMA's regulations is the required testing of noise levels for an event for which a variation has been granted.
The residents say once the EMA personnel do their tests to determine the event's noise levels are within specified levels and depart, the music is immediately turned up. Lapratt president, Nagib Shakeer, recalled that for one event, the EMA denied the variation, and the promoter managed to get it reversed by a visit to the EMA office. Despite several requests during a two-week period, no one from the EMA would be interviewed for this article.
The Lange Park residents' battle to stop the noise from a nightclub in their area was instructive in many ways. Members of the association agreed that the legal and political systems seem to work for the promoters.
About 4,000 people live in Lange Park, but a core of about 60 people belong to the residents' association. Many residents prefer to suffer the inconvenience of noise and make no complaint, and this encourages the noisemakers.
Lapratt members also spoke of public officials who tried to dissuade them from going to court, because of connections with the promoters, and like everyone else interviewed for this article, they agreed the EMA was "toothless."
The association cited as one of the issues they encountered the lack of communication among related interests, like police and fire services, the EMA, local government, and residents. To remedy this, said Ramdial, the ministry has decided to embark on an "education awareness" drive, involving the ministry, EMA and the TTPS, to educate the police on their jurisdiction and enforcing the rules.
The EMA, the minister said, also intended to do a series of workshops in schools, aimed at students. Additionally, she said, the Environmental Police Unit attached to the EMA was understaffed, but the Minister of National Security, Jack Warner, had agreed to give the unit 100 more officers.
These communications and education programmes, said Ramdial, are expected to begin in March. She hopes that by the end of that month, some change should be visible.
But Ramdial is aware of the major failing of political and non-political institutions: "Our major problem is enforcement," she said. Sometimes the best intentions and the best policies fail because of non-implementation or lax enforcement at the local level. She hopes with the major reform of local government, now under way, these areas will improve. As to the treatment of police non-responsiveness to complaints, ASP Joanne Archie, public affairs officer of the TTPS, outlined a few steps members of the public can take. "Every report made to the police must be investigated and recorded in the station diary," she said.
Citizens who are not satisfied with the response of the desk officer can ask to speak to the senior officer in the station, who would then be compelled to act. Citizens are also entitled to a receipt from the police officer recording the complaint.
Archie admits the difficulty of proving these complaints. She says the TTPS is considering putting cameras in police stations, but citizens are not entitled to take recording equipment into the police station.
The recourse citizens have when police fail to respond to complaints or to issue receipts, she said, includes filing a complaint with the TTPS or with the Police Complaints Authority (PCA). Separate from the external PCA, the TTPS has its own internal complaints authority, and reports against police officers are investigated and heard by a tribunal.The penalties for officers could include loss of pay and demotion. Archie said she is aware that police officers have been disciplined for failing to respond to reports.
