Dancing away from the CCJ

Ex-St Lucia PM sees 'bleak future' for Caricom

BY RICKEY SINGH Observer Caribbean correspondent

Wednesday, December 29, 2010

APPREHENSION over future leadership at the Georgetown-based Caribbean Community Secretariat has now grown to include the future of the Port-of-Spain-headquartered Caribbean Court of Justice (CCJ).

In the case of the latter, current talk in Jamaica and Trinidad and Tobago to dance away from accessing the CCJ in preference for establishing their own final appeal court has drawn a sharp rebuke from Dr Kenny Anthony, a former prime minister of St Lucia. He had played a key role in the formation of the CCJ when he headed the legal division of the Community Secretariat.

With the surprise decision by Edwin Carrington to step down as Caricom secretary general at the end of this month after 18 years of service, Deputy Secretary General Lolila Applewaithe will begin acting as secretary general from January 1.

There will, therefore, be no formal handing over by the retired Carrington to his successor when Caricom leaders hold their scheduled first Inter-Sessional Meeting for 2011 in Grenada in February,

A new six-month chairmanship also begins next month when host for the coming Inter-Sessional Meeting in St George's, Prime Minister Tillman Thomas takes over from his Jamaican counterpart, Bruce Golding.

While he has been quite forthcoming in articulating Caricom's support for Haiti and speaking reassuringly about regional economic integration, it is Prime Minister Golding who, within recent weeks, has further contributed to deep concerns over the future of the CCJ.

As if seeking political cover under an idea initially raised in Trinidad and Tobago -- but yet to be advocated as official policy -- Prime Minister Golding is marketing an initiative for Jamaica to replace the Privy Council in London with its own final court of appeal.

With no known appetite for the CCJ, Golding and his Jamaica Labour Party (under earlier leadership as well), have long been ducking the challenge of accessing the regional court by linking such a move with the need for a national referendum

Read that proposition to mean, basically, more faith in the competence and integrity in the British law lords of the Privy Council than the fine legal minds this region has produced across member states, and with arduous efforts to ensure appointments free from the political influences so often talked about with respect to the functioning of local judiciaries.

The situation becomes even more intriguing when it is understood that a national referendum to replace the Privy Council is not really a necessity in the case of Jamaica, as it is in countries of the Organisation of Eastern Caribbean States.

Further, various British law lords associated with the Privy Council have been urging former British colonies, like ours in Caricom, to initiate arrangements to break the dependency syndrome on the Privy Council.

How sad, in contrast, to hear Caricom leaders like Golding and his Trinidadian counterpart, Prime Minister Kamla Persad-Bissessar, talking about replacing the Privy Council with their respective final appeal court.

At the same time, they steadfastly avoid encouragement to access the CCJ -- as Barbados, Guyana and Belize have done -- with a court of original jurisdiction in resolving trade disputes as well as serving as the final appellate institution of the entire community.

In St, Lucia, Dr Anthony's expression of "surprise and bewilderment" came in his response to the emerging tactics, both in Jamaica and Trinidad and Tobago, to push the idea of a final national court of appeal without any commitment to the CCJ.

Anthony, known for his robust advocacy of development of a West Indian jurisprudence, believes that if Jamaica and Trinidad and Tobago persist in spreading the notion of individual final appeal courts it would strike a "lethal blow" to the furthering of any support for the CCJ.

He is bewildered by what he views as a "disingenuous" contention to avoid political influence in the case of the CCJ. If indeed, said Anthony, the CCJ "is susceptible to political influence -- as is being claimed in Jamaica, for instance, then how much more could a Jamaican (or T&T) final appeal court be affected by political manipulations?"

The prospect, therefore, as he lamented, for realising the full benefits of creating a Caribbean Community, as envisaged by the Revised Treaty of Chaguaramas, "is becoming bleaker and bleaker if we cannot be committed to so compelling a case for region-wide endorsement of the CCJ.

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COMMENTS (10)

andy wilson
12/29/2010

I am a Jamaican but I think this Golding administration is too intellectually challenged to be effective. Which stand to be more corrupt? a court with judges from across the commonwealth or a court made up of judges from Jamaica which is easily one of the most currupt countries on earth. The JLP is always against anything that serves to unify the caribbean, from the federation in 1958 to the CCJ in 2010.

Dave Hinds
12/29/2010

@ Winston G & John Christian
How worse can it get in terms of political influence of the CCJ than what we can get in Jamaica? Personally, I see this as just the view point of some of us small minded individuals who can not see beyond the tip of their nose. I support the idea of the CCJ to replace the Privy Council. England and the rest of the world is willing to wean us from their grasp as leaches but people like you just love to hang on like the house slaves that we are.
Wake up Jamaica

renrick hall
12/29/2010

Politics is a bitch then you die." I remember when the CCJ was being touted by the previous government and some in opposition say that there could not be fair trials for the people. They say the court would be too "near" for true justice to result from its judgement. Now how come, all of a sudden, everything change; and a local final appeallate court is acceptable? Polititons have forked tongues, slimy and will crawl on their bellies just to achieve their agendas - SNAKES!

james allen
12/29/2010

oh lawddd,now that jamaica said they would establish their own court of appeal..now this trinidad say they will do the same too..dam,whats this monkey see ,monkey do...trinidad should pay jamaica a large yearly fee,for just the amount of stuff jamaica gives them to immitate from...lol..but hopefully if jamaica say they will collectively jump from a bridge...trini wont tu..a jamaica trained trini doctor said to me years ago,why would he go to new york,if he can get to stay in jamaica..back then..

Winston G
12/29/2010

@ John Christian
Interesting viewpoint.

Ann Smith
12/29/2010

I'd say no to this one. There is too much corruption in Jamaica. This judicial body has to be objective and fair. Such a body cannot exist in Jamaica at this point in our history; we have not yet reached that stage of development.

Winston G
12/29/2010

Justice is TOO IMPORTANT a matter to be trampled with. I am more interested in the quality of justice provided by the Privy Council than any talk of colonialism.

Winston G
12/29/2010

I agree that any argument about possible political influence over the CCJ becomes irrelevant when proposing a Jamaican final appeal court. But that is all I can agree with.
This very article CONFIRMS that the future of the CCJ is, at the least, UNSTABLE. Why then should we replace the Privy Council with this court of UNSTABLE future??? I am neither excited about the CCJ nor a Jamaican final appeal court. I will stick with the Privy Council - TRACK RECORD OF PERFORMANCE.

Chuck Emanuel
12/29/2010

In addition, how is people caught in bed with criminals is now going to advocate on behalf of us Jamaicans a "Jamaican final national court of appeals" without commitment to criminals ?.
This would be like Dudus appointing a search commission team to recommend qualified candidates for the court of appeals, in which case we may end up with the appointment of the current Attorney General and Solicitor General on this court..
Is there a "national outcry" for this ?.
Stem corruption first !

John Christian
12/29/2010

there is no national outcry for Carribean unification in any form.....when will these idealistic Political neanderthals realise this...get on with running your own respective countries,ensuring some kind of decent existence for your citicizenry and stop this fantasy called Caricom...let it die a natural death and be out of its misery.

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Dancing away from the CCJ