Put Jamaica first in Caribbean matters
The Caribbean Court of Justice (CCJ) is like religion to old West Indian politicians, and lawyers are its priests. We who think otherwise are heretics.
Jamaica has gifted people often blinded by belief, so we lose to the less gifted and are poor. We make headlines, but not gains. Eastern Caribbean politicians outfoxed us in Federation, conned us into a single economy (CSME) knowing we were too far to benefit and now corner us in the CCJ. They are close-knit islands in their comfort zone; we are up north so neither CSME nor CCJ works for us. The distance and our preference for the north are immutable, but stubborn rulers think they know more than us. When we were British and could travel freely we chose Panama, America, Cuba, not West Indian islands. The conundrum is we now trek to the Judicial Committee of the Privy Council (JCPC) for 9.5 cases a year on average, yet both JCPC and CCJ are itinerant. If CCJ is for the masses how long ere we tire of tedious, costly treks to Trinidad? It is far time-wise, as London, but not as pleasant as client and lawyer shop up a storm in Oxford Street or go to clubs in Soho. In Trinidad it’s doubles on the Savannah?
We cede sovereignty to Caricom, yet their schemes do not help us. The islands prospered for decades as we tightened belts. Is a federal state with poor, distant, small islands good for us? No! Let’s do what is best for Jamaica. They also diss us! Why put the capital in Guyana when we are a prime location? Do Messrs Obama, Cameron, Abe or Princess Anne visit? Why put the CCJ far from the largest most litigious member? We want a referendum but get no support. Did Federation teach them nothing? Take CCJ: If we want our massive to appeal then put a true Caribbean Court of Appeal in Justice Circle, Heroes Park, by 2019, when our courts are improved. We may trek to Trinidad year on year, but one day the slog or aggro about a “small island court” ruling will choke us and we are back to square one.
To decide our final court by the vote of a single senator is unacceptable. It shames democracy. Flip a coin or stop the chatter and think. PNP want JLP to vote by conscience but do all our senators and MPs have a conscience? Do journalists? The CCJ debate is not about justice; its politics and sophistry. CCJ is a device to embed us in CSME, so we must resist it. Do you realise if we had a referendum on CSME, CCJ would be done and dusted by default? Now CSME is in its death throes they need CCJ to bind us in and our top lawyers are blind to the ruse. West Indian politicians outsmart ours and disrespect us. Do you know our portfolio in the CSME parliament? Trinidad, energy and security; justice, Dominica; science and technology, Grenada. Is Bunting, Golding, Paulwell inferior? Ours is not health, education, production either, it’s “trade negotiation” — we talk good!
Neither Portia nor Andrew told us the benefits of giving control of our economy to a parliament in Turkeyen, Guyana — a disputed country in South America. When border war starts, what then? Do we call David Cameron? This is unacceptable!
The arguments for the CCJ are fine and “Gosh, it’s paid for!” A friend paid for a piece of land and had to “run leave it” to save life. Lose our stake in CCJ, but gain our freedom. This construct of West Indian political lawyer-types who drank the kool-aid at the Inns of Court is still a foreign court. Politicians say we are “first in the Caribbean” in this or that, but they mean the West Indies who play cricket and speak English; our neighbours as Cuba don’t count. Yet they are not our model in lifestyle, fashion,technology, music, etc. We prefer our million friends and family who live in the UK. The benefit is an appellant or lawyer who can stay with a relative as even a bus driver has a London Council house. Do you have family in Trinidad? Top counsel earn big in both states — no bly there. West Indian fares are high as all-year tourist destinations, but London has cheap off-season fares. Senators, think again, the devil is in the detail.
Is the CCJ debate about justice? Do men paid to win a case by any means possible have any interest in justice? Senate lawyers jest. Taxpayers fund two law colleges yet no growth plan calls for lawyers — “dem a look wuk”. Many of the 9.5 clients went to the JCPC at a lawyer’s urging. We must take our own justice in hand. Those using the JCPC were druggist, “big man”, entertainer and small man backed by foreign funded groups. What can a small man do while on appeal? In London, Beenie Boy can buy Clark’s shoes, watch Arsenal play, check relatives, listen to old ska in a Jamaican pub, or buy £50 gas to visit Paris on a day trip. A final court in London may cost less and be fun. Still, we must change the JCPC, but a Caricom scheme is not us. We must fix our legal system first so justice is swift and sure; and after, only two cases may go to final court. We can modernise in two years and will not need the JCPC or CCJ. Ignore self-serving, pompous lawyers as a gaggle of them signing petitions mean nothing. They say what they are paid to say: Who is the paragon of virtue? How many are locked up for “tiefing or runaway wid people money”? They say CCJ is the best justice. We beg to disagree!
Eminent jurist Patrick Robinson said: “Our judges are as good as or, if you prefer, as bad as UK judges.” (letter in The Gleaner, August 18, 2012). This is bankable. We are not pack animals to rush into CCJ as even small New Zealand has a final court. The Organisation of Eastern Caribbean States is a third of our population, has no big building, yet they have a final court. Like them, our future is with backyard nations; appeals and commercial disputes in our large close markets as Cuba, Haiti. The British embraced former enemies France, Spain, Portugal in the EU plus a European Court. We must embrace Cuba, Puerto Rico, Dom Rep, Cayman, and a “Caribbean Court of Appeal”, here or in Haiti, where our police work as we speak. It is 40 minutes by air and “Go fast!” gun and drug boats transit the straits nightly. For now, our final court must be here. To oppose CCJ is honourable heresy. Raise your voices; put Jamaica first! Stay conscious, my friend!
Dr Franklin Johnston is a strategist, project manager and advises the minister of education. Send comments to the Observer or franklinjohnstontoo@gmail.com.