A judge who has no honour in his own country

Wednesday, November 23, 2011

WE have recently raised the issue of why we are losing some of our most talented and hard-working people in the continuing massive brain drain.

Obviously, qualified Jamaicans may opt to ply their trade abroad in the global labour market in search of higher salaries, greater professional growth not available in Jamaica or just for a different work experience.

Our editorials have pointed to negative factors in the Jamaican work environment and jealousies and animosities against those who seek to return. And we have bemoaned the lack of effort to retain professionals trained here and regain those who are abroad.

The perverse bias to recruiting and promoting local residents in preference to Jamaicans who happen to be abroad has contributed to xenophobic recruitment policies.

We are proud when we learn of the brilliant achievements of Jamaicans in the international arena. Yet we do not rue their absence from their homeland nor do we find out why they left to work overseas. We glibly assume that they prefer to be in foreign countries than in their country of birth. But on closer examination, we can see that in most cases the push factors in Jamaica were more important than the pull factors of being in "foreign".

The case of the judiciary is an interesting case. Judges are recruited almost exclusively from lawyers in the public sector. This puts those willing to leave the more lucrative environs of private practice at a disadvantage. The result is that we are not selecting from the full pool of legal practitioners. The consequence of this approach to the "bench" and some antiquated rules on age limits and ineligibility to return to practice is that legal luminaries like Messrs Viv Blake and Hugh Small end up as high court judges in The Bahamas and judges still in their prime, like Mr Boyd Carey, are lost to our higher courts but serve with distinction elsewhere.

We are justly proud of the accomplishment of our illustrious jurist Patrick Robinson at the International Criminal Tribunal for the former Yugoslavia (ICTY). He completed his three-year tenure as president of the ICTY and was lauded as "a remarkable leader who has demonstrated a commitment to due process and fairness".

Judge Robinson is a barrister of law who was educated at Jamaica College and Middle Temple in the United Kingdom. He attained a BA from University College of the West Indies and a bachelor's and master's in international law from the University of London.

Why did a man of such talent not become part of the judiciary in Jamaica? How or why did we allow such a man to leave the country? Are we making any efforts to get him back, to Jamaica to serve one of the higher courts? We certainly hope that no effort is being spared to this end. No matter how good our "bench", a man with such experience and qualifications can surely make a invaluable contribution.

We hope that it is mere gossip that when the Government of Jamaica contemplated appointing him to a higher court there were those who said he should start at the lowest level of the judiciary.

Mr Patrick Robinson is an international judge, but he is certainly not "Your Honour" in his own country.

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COMMENTS (11)

Brooklyn Jamaican
11/24/2011

Many who so called "make it" overseas if they had stayed home would probably have been street boys wiping car glass and being harassed by Police. Its a fact. In addition to the lack of opportunities, there is added "pressure". Anyway bring a Chinese, or European and they get status, bring a Jamaican home, they get disrespected about them not having "UWI" degree. UNoo lucky.

David Armstrong
11/23/2011

I knew all along that the Editor will not post comments that are very critcal of the editorials. My post today described this editorial as being too superficial and so it was not posted. What kind of thin skin and one-sided attitude is this? the Editor can give his/her opinion about issues but when readers ctry to do this in a critical manner the Editor doesn't like this.

Jason Whitcher
11/23/2011

Six months ago I made a comment that I wouldn't praise emigrants who made it 'big' overseas if they weren't willing to come back to help. But since moving back I've changed my mind somewhat. 'Big Shots' like Robinson, if they were to move back here, would be seen as elitist, a member of the bourgeoisie & a 'downpressor'. It's hard coming back & trying to make a difference. People automatically think that you think you're better than them. Truly a prophet is without honour in his own house.

Nejeeper KNG
11/23/2011

Most J’cans living overseas in my opinion would go as far as to take a pay cut to return home to JA. When you trade white sand beaches for white snow; it doesn’t take long for you to start reminiscing on the land of wood and water. J’cans in the Diaspora yearns to return home much more that their fellow J’cans desire them back home. Crime is also a main factor. Could the Observer do a poll via their paper asking J’cans overseas the factors that would contribute to them returning home to Jamaica?

David Armstrong
11/23/2011

Why is it that the media and and to be specific the editorials tend to address social issues without telling us why the problem occurs, how it impacts society, who is responsible, and what must be done. Simple describing the problem without including these kind of analysis is superficial at best. Maybe there is a reason for the media not to delve too deep into these issues and it is that they are afraid to step on the toes of the politician's or those in authority.

David Armstrong
11/23/2011

The impact of the brain drain cannot be underestimated. It is a serious cause of concern for any country. In the case of JA though what is very troubling though as the political leaders have not made effort to control it, try to reverse it, or try to eliminate the conditions that cause it. It is unfortunate that Ja'cans instead of embracing returning Ja'cans with professional credentials and experience are viewed negatively. This is not good for the development of the country.

John Christian
11/23/2011

I critize you when its necessary....I must now wholehartedly compliment you on that succint editorial..it would be sacriligious to add any personal comments....well said

Norman Lee
11/23/2011

Perhaps the powers that be think he lacks Jamaican experience - the same lines that are used on Jamaicans who move to other countries! Is Judge Robinson's area of expertise in demand at this time? I imagine judges are in demand to work in the area of local criminal law which may be unattractive and lack the sophistication for the experiences of Judge Robinson. Was he ever considered for any appointment? Willing to work under the Jamaican conditions? Would it be a demotion from his lofty heights

0o k
11/23/2011

This is crazy, why should we not employ and promote local based Jamaicans over Jamaicans in the Diaspora?
How is this Xenophobia?
I think we should always employ qualified Jamaicans who live in Jamaica first then look elsewhere if we can fulfill our requirements.

fall mouth
11/23/2011

Have you ever thought that these appointments are sometimes thwarted because the people do not wear the right colour shirts? I remember sometime ago a certain person applied to sit on the High Court; it so happened that the Bar Association (or whoever does these things) said "noway." Turned out to be a very good decision on their part, I think, because then we would never have known that the person was a political animal.

Chipmunk L.
11/23/2011

It is ridiculous to imagine a Judge who has served in the International Courts would allow themselves to be reduced to lower level judiciary work on returning home. Jamaicans need to get over the idea that if professionals have served overseas they no longer qualify to work upon returning home except from the bottom up.
Why then should other countries accept us over their people?

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A judge who has no honour in his own country