Regular readers of this column will recall that I have been very persistent in my belief that Jamaica’s final appellate jurisdiction must reside in Jamaica.

In the minds of some people, the recent kerfuffle at the Caribbean Court of Justice (CCJ), from which internal matters were leaked to the public, may be of little moment — a sideshow that is not germane to the efficacy of the court. They may be right, but I believe that it does reveal some problems which go to the heart of why our final court should be located here.

From what has been revealed, there seems to be an issue with how Justice Winston Anderson has been organising the court. Clearly, he wants to impress his own authority over the court, which has created what some describe as a “toxic” environment there, and he is being seen as a dictator. I wonder why these sentiments did not arise with other leaders of the court? What is being alleged does not seem to go beyond the normal cut and thrust of what goes on in courts of that calibre. Colleagues will always disagree and represent their dissenting opinions forcefully.

As far as Jamaica is concerned and why it makes it difficult for us to accede to the CCJ is that there are certain cultural impediments with which we seem to battle in our relationship with our West Indian brothers and sisters, which people only prefer to whisper about rather than openly confront. I believe the cultural differentiation goes all the way back to the ill-fated West Indian Federation which collapsed when Jamaica pulled out. These impediments have sharpened and widened over time.

The Caribbean Court of Justice (CCJ) is headquartered in Port of Spain, Trinidad and Tobago.

It is true that we share a common history and we are more united than divided, but it is also clear that the Caribbean is comprised of a disparate people who tend to operate within the context of their best self-interests. The Caribbean Common Market has functioned appreciably well, but we have not been able to gain the economic synergy that such an association should engender. The free movement of people is not happening as anticipated, so the much-ballyhooed unity that is often trumpeted is not really there.

If the truth be told, Jamaica stands above most of its Caribbean counterparts. It is fair to say that no Caribbean country has had the international impact in so many areas of endeavour as Jamaica. It is not that we consider ourselves as special, though we are in many respects, but there is something unique about Jamaica and the Jamaican experience that must be celebrated.

Politicians, for obvious reasons, cannot speak too loudly about our uniqueness so as not to offend our Caribbean counterparts. But, as for me, and I am sure for many others, we are differentiated by so many characteristics which separate us in the eyes of the world as a special people who punch way above our weight and size. We should not resile to celebrate this reality. We should not abandon or subjugate our differences merely to fit into a grid of Caribbean consciousness that may not support our peculiarities and uniqueness as a people. “Wi no easy,” as the saying goes.

Jamaica spent millions of US dollars to support the formation of the CCJ in a largely partisan effort to get the court formed. I say partisan because, like the present attempt at constitutional reform, there was no robust effort made to inform, educate, and seek citizens’ participation in the effort. There seems to have been an indecent hurry, in my opinion, on the part of the then PJ Patterson Administration to get it through. So while the country was going through the throes of economic calamity, money could be found for Jamaica’s contribution to the effort. Today, Jamaica is not a member of the court and my prophetic intelligence tells me that it will never be.

And it will never be because the Jamaican people are smart and bold enough to recognise that locating our final appellate jurisdiction anywhere outside of Jamaica will not work in their best interests. The impediments that hamper their search for justice in any appeal to the UK Privy Council are the impediments that they will face if they have to go to a halfway house in Trinidad to get it. No Jamaican should have to “wither on the vine” of justice to get his final appeal to a court settled expeditiously without the tremendous cost that now obtains, and that will certainly obtain anywhere else.

I believe that with the Opposition’s stolid and, in my view, insensitive hold-out on constitutional reform, the Dr Andrew Holness Administration should proceed to have this matter settled in Parliament. The Government only needs a majority vote of each chamber of the house since removing the Privy Council is not an entrenched clause in the constitution.

Enough of the pussyfooting of the Opposition on this! If the Government intends to go this route, it must explain to the people why they are doing so and why the other two alternatives will not work in their favour. There is no need for an expensive and politically divided referendum. Inform the people, get their thoughts, and proceed with the vote!

There will be a lot of hollering from the Opposition, and it may even withdraw indefinitely from the constitutional reform process. The people will be the ultimate judge. But the Government, by moving in this direction, would have removed one of the obstacles to reform by a simple vote in Parliament.

Get on with it, Prime Minister!

Dr Raulston Nembhard is a priest, social commentator, and author of the books Finding Peace in the Midst of Life’s Storms; Your Self-esteem Guide to a Better Life; and Beyond Petulance: Republican Politics and the Future of America. He also hosts a podcast — Mango Tree Dialogues — on his YouTube channel. Send comments to the Jamaica Observer or stead6655@aol.
com.

Raulston Nembhard