THE Independent Jamaica Council For Human Rights (IJCHR) says it is “immensely shocked” by a statement by Opposition Leader Andrew Holness that the Jamaica Labour Party had no interest in terminating appeals to the United Kingdom-based Privy Council and adopt the Caribbean Court of Justice (CCJ) as the nation’s final court of appeal.

“The Privy Council was applied to Jamaica as an integral part of the imperial dominance. It is, therefore, a relic of colonialism. It symbolises institutional dependency and not international cooperation,” the rights group said in a release yesterday.

It said that as an organisation which has worked for recognition of the human rights of ordinary and disadvantaged people in Jamaica and the wider Caribbean, the continued exclusion of such persons from access to the final appellate courts because it is located at a place which is not accessible to them is neo-colonialist, backward and unjust.

Said the release: “[After] a half a century after Independence it is unacceptable for one of our three organs of Government to be headed by an imperial institution. The Privy Council is inaccessible to the average Jamaican. Not only is it located in another hemisphere but for that and other reasons the costs of access to it are great and prohibitive.

“For a simple appeal the cost for each party is in the region of $9 million. This does not include substantial costs for transportation for the parties’ counsel to London [and] if he wishes to attend his appeal and to be represented by his Jamaican counsel, both will need visas to enter the UK in order to attend.”

The IJCHR, at the same time, rejected the notion that the CCJ is not an internationally recognised court, pointing out that in the short 10 years of its existence the CCJ has established an international reputation for high intellectual quality and legal soundness.

“Caribbean jurists have been selected by a wide cross-section of states to serve on international courts. They have consistently served with distinction in these important and challenging positions,” the rights group noted. “No one Caribbean state may be able to produce from its own citizens all the judges needed for a final Court of Appeal of the highest quality at the third tier. However, we have demonstrated that acting together we can achieve this objective,” said the group.

The IJCHR acknowledged that there have been tensions within the Caribbean Community (Caricom), particularly in relation to the free movement of people, but said these problems are inherent in communities of nations as evident in the European Community.

It added: “Jamaicans are not the only Caricom citizens who have complaints. Fortunately, there are diplomatic and legal mechanisms for solving or mediating such disputes and differences. It is important to observe that in the now famous Myrie Case, it is the CCJ that has handed down important principles and guidelines for the protection of Caribbean citizens from unfair treatment.”