ZOSOs and rule of law: Lessons not yet learned

Prominent attorney Vanna Jankiepersad has issued a scathing critique of Trinidad and Tobago’s proposed Law Reform (Zones of Special Operations) Bill, 2026, revealing fundamental weaknesses in both legislative technique and operational practicality.

The legislation, designed to establish special security and community development measures in designated areas, faces criticism for its poor drafting quality and failure to integrate with existing legal frameworks. Legal analysis indicates that numerous provisions merely reiterate established police procedures already codified in Police Standing Orders, rather than introducing substantive new regulations.

A striking example emerges in Clause 16(2)(c), which mandates that female individuals must be searched exclusively by female officers. This requirement represents standard operational protocol rather than novel legislation, raising questions about the Executive’s approach to legislating internal police practices.

The proposed bill follows the recent discontinuation of the state of emergency regime, which was marred by widespread allegations of police misconduct and unlawful detentions. Legal experts highlight the government’s failure to address critical accountability questions from the previous emergency period, including the number of preventive detentions, subsequent charges, and potential state liability for wrongful imprisonment claims.

The case of businessman Danny Guerra illustrates these concerns vividly. Detained under a preventive order in November 2025, Guerra remained incarcerated for nearly six weeks without evidence satisfying statutory prerequisites before his January release. This case, along with Justice Frank Seepersad’s recent admonition for legislation holding officers personally accountable for authority abuses, underscores the systemic accountability deficit.

Legal analysis concludes that legislative amendments cannot compensate for inadequate police training or weak accountability mechanisms. The effectiveness and constitutional validity of the ZOSOs Bill depend on incorporating legal precision, operational safeguards, and genuine institutional accountability—moving beyond mere legislative symbolism toward substantive reform.