New CCJ head hopeful others will subscribe to final appeal court
MONTEGO BAY, St James — Newly installed president of the Caribbean Court of Justice (CCJ), Justice Winston Anderson is hopeful that during his time leading the institution more Caribbean countries will engage the CCJ as their final appellate court.
He was speaking Sunday during his swearing-in ceremony at Jewel Grande Montego Bay Resort and Spa in St James, which saw him ascend to the top post in the two-decade-old regional court.
“After 20 years the court has still not attracted full support of all eligible states for the appellate jurisdiction, with five out of a possible 11 states joining that jurisdiction,” Justice Anderson said.
“I am hopeful that during my tenure other states will fulfil their treaty obligations and become full members of the appellate jurisdiction, and I’m looking straight ahead as I utter those words,” he said.
Anderson, who is Jamaican and now the fourth president of the CCJ, explained that the court has made major strides over the years, cementing its status as an apex institution.
“It is worth noting that in its appellate jurisdiction the court has exerted reach and influence well beyond the five states of Barbados, Belize, Guyana, Dominica, and Saint Lucia, that have accepted that jurisdiction.
“CCJ appellate cases are routinely cited and accorded favourable treatment by the judiciary in virtually every common law State in the Caribbean,” he declared.
Despite 12 different Caribbean countries being a part of the start-up of the CCJ, and the institution in its original jurisdiction acting as the final court for all matters arising from the interpretation and application of the Revised Treaty of Chaguaramas which governs the Caricom Single Market and Economy, only five have still made it its final appeal court.
“As I assume the office of president of the court, I do so not in isolation but as part of a broader regional movement of national judiciaries dedicated to delivering accessible justice, ensuring respect for and advancing the rule of law, protecting and promoting human rights, and supporting sustainable development in our countries.
“As members of the judiciary we share in the responsibility to make the Caribbean the place of choice to live, work, raise families, do business, and retire in peace and security,” Justice Anderson continued.
Meanwhile, Jamaica’s Prime Minister Dr Andrew Holness, during his remarks, sought to laud the effort of the regional institution on what it has done and achieved.
“As we look to the future the CCJ must remain a cornerstone in expanding access to justice through technology, and innovation, and upholding judicial independence and accountability.
“As we usher in this new presidency let us embrace the next 20 years with confidence, shared ownership, and an unwavering belief in the CCJ as a cornerstone of Caribbean integration and development,” he declared.
Jamaica is currently working to change its constitution, which includes doing away with the vestiges of the British monarchy.
However, a critical part of that is the Privy Council, which hears matters that are brought from Jamaica, given that it still serves as the nation’s final appellate court. The country has not yet made a decision on that issue.
Holness, however, insisted that Jamaica sees the importance of the institution in the regional context, and what it does for the people of the Caribbean.
“Jamaica remains fully committed to the ideals of regional legal cooperation and to strengthening the institutions that uphold justice across the Caribbean community.
“We believe that the Caribbean Court of Justice, under this new leadership, will continue to inspire confidence, protect rights, and shape a region where justice is accessible, relevant, and transformative,” Holness said.
Justice Anderson insisted that the CCJ is there to serve the needs of all the Caribbean people, who may need to call upon it for its services, with a greater sense of engagement.
“Even as we maximise the use of technology, I would like for the court to intensify its itinerant sittings so that the people of the region can see us, interact with us, and realise that we are, in fact, their kith and kin and part and parcel of the fabric of their society,” he declared.
“The CCJ is an emanation of our own collective imagination as a people. It was not imposed on us by anyone, rather, it was conceived and established and is maintained by the people of the Caribbean to serve Caribbean interests,” said Justice Anderson.
Prime Minister Dr Andrew Holness addresses the swearing-in ceremony of Justice Winston Anderson as president of the Caribbean Court of Justice, at Jewel Grande Montego Bay Resort and Spa in St James on Sunday.