The Caribbean Court of Justice (CCJ) needs two justices, including a president

CCJ needs two justices, including a president
by Oscar Ramjeet


The Caribbean Court of Justice (CCJ) has been in operation for five-and-a-half years as a final appellate court, with only three countries on board, and already it is on the hunt for a new president and another judge, and one has already retired.

Guyanese Duke Pollard reached the age of 75 and went into retirement after being given a three-year extension.

President Michael De La Bastide, who celebrated his 73rd birthday on July 18 this year, will go into retirement mid-next year and the CCJ has already placed advertisements in the region’s media inviting applicants who have served as a judge for five years or more in a court of unlimited jurisdiction in civil and criminal matters in the region, the Commonwealth or in a civil law jurisdiction.

Applicants are also being encouraged from persons who have been engaged as a practitioner or teacher of law for not less than 15 years in a member state of the Caribbean Community (CARICOM) or in some part of the Commonwealth or in a civil law jurisdiction.

The CCJ notes that the tenure of the president is for a "non renewable term of seven years or until age 72, whichever is earlier.”

The lone female judge in the regional court, Desiree Bernard, will be 72, and if she does not get an extension, the CCJ will have to get a replacement and the question is if the Regional Judicial and Legal Services Commission will look for another female to fill the slot held by Justice Bernard who had several firsts -- the first solicitor to be appointed a judge, the first female to be appointed a judge in Guyana, first female to be an appellate court judge, also chief justice, and the first woman to be head of the judiciary in the Caribbean when she was named Chancellor of the Judiciary in Guyana more than a decade ago.

The regional court has the most modern technology in several areas -- for video conferencing, research, and even presentation in court -- and it is very unfortunate that after such a relatively long time only three countries have joined the court. It seems to me that the other countries have breached their agreement with the Caribbean Development Bank since they agreed to go on board within a reasonable time.

Although most of the countries have not abolished appeals to the Privy Council, so that the CCJ can be their final appellate court, the CCJ can still determine their issues in its original jurisdiction.

I am surprised and disappointed with Jamaica and Trinidad and Tobago because these two countries were in the forefront in the late 1980s and early 1990s towards the setting up of the court. I recall the attorneys general of these two countries, Oswald Harding of Jamaica, and Selwyn Richardson (now deceased) of Trinidad and Tobago, were moving around the region lobbying governments to join the CCJ, and it is unfortunate those two countries have not yet done so.

Trinidad and Tobago’s new prime minister, Kamla Persad Bissessar, said that she will seek a referendum from the electorate before doing so. This is a bit baffling because it was the UNC administration under Basdeo Panday which was pushing for the court -- hence the reason why the court is located in Port of Spain.

Former Commonwealth Secretary General, Sir Shridath Ramphal, who has been advocating Caribbean integration for five decades, said in an interview with me that, if the CCJ collapses, the CARICOM Single Market and Economy (CSME) will fail.

Ramphal joined with four other eminent CARICOM nationals, former Jamaica prime minister, PJ Patterson; former CARICOM secretary general, Alister McIntyre; Dominica's president, Nicholas Liverpool; and University of the West Indies Vice Chancellor Sir George Alleyne, all recipients of the Order of the Caribbean Community (OCC), the highest award in the region, in calling on the other regional governments to rid themselves of the Privy Council and join the appellate jurisdiction of the CCJ.

The latest call for the other regional governments to join the CCJ came this week from another distinguished Caribbean jurist, Patrick Robertson, president of the International Criminal Tribunal for the former Yugoslavia, who said that the regional governments should have abolished appeals to the Privy Council since the day they became independent states.

So far, only Guyana, Barbados, and Belize have abolished appeals to the Privy Council. Let’s hope that the others will soon come on board.

October 19, 2010

caribbeannewsnow

Bahamas Blog International

Sir Shridath Ramphal worries about CARICOM unity

by Oscar Ramjeet:



One of the Caribbean's most vocal regionalists is worried about the future of CARICOM and the integration movement and said that if the Caribbean Court of Justice (CCJ) collapses, CSME and the entire regional institution will fail.

I had a lengthy meeting with Sir Shridath Ramphal at his Barbados home, and he expressed grave concern about the pace of activities in the move towards Caribbean integration, for which he has been clamouring for five decades.

He said the Heads of Government and CARICOM have to "recapture the vision that led a generation of Caribbean leaders to the understanding that we have to have functional unity -- if we are to meet the challenges of the 21st century... We have seen to have lost our way in governance at the regional level in economic integration which is the heartbeat of CARICOM... We have lost our inspiration within the developing world when we were once the leaders of the ACP (African, Caribbean and Pacific nations) and perhaps worst of all Caribbean people are losing faith in the political leadership of the region."

The old problem of implementation is still with us and, without implementation, decisions are meaningless, Sir Shridath stressed and cited the CSME, which he said has still not gotten off the ground after so many years.

Touching on the Caribbean Court of Justice (CCJ), the former three-term Commonwealth Secretary General said the CCJ is the central pillar of regional integration under the Treaty of Chagaraumas. He pointed out that the CCJ is essential to the functioning of the CSME because the CSME is a legal regime. He added that we have come to the limit and asked what can be done without law at a regional level.

He has joined with four other recipients of the region's highest award, the Order of Caribbean Community (OCC), in calling on the various governments to remove the Privy Council and accept the CCJ as the final court.

I recall in 1977 when Sir Shridath spoke at the graduation exercise of the University of the West Indies at St Augustine, when he received his honorary doctorate from the UWI, he made an impassioned plea for regional integration and pointed out that the English-speaking Caribbean, which has a population of less than five million, has the most prime ministers, presidents, ambassadors and high commissioners on the planet -- although the population is so small.

The Guyanese-born diplomat is a regionalist at heart and was a keen player in bringing an end to Ian Smith's Unilateral Declaration of Independence and institutional racism in Southern Rhodesia. He also spent much of his last five years as Commonwealth Secretary General, until 1990, in the struggle to end apartheid in South Africa. He had the satisfaction of playing a part in Nelson Mandela's release from prison in February 1990, and Namibia's independence the following month.

Sir Shridath with Oscar Ramjeet at his home in Barbados

September 8, 2010

Will Jamaica soon abolish appeals to the Privy Council?

by Oscar Ramjeet:


It seems as if the Bruce Golding administration in Jamaica has had a change of heart and is now contemplating abolishing appeals to the Privy Council so that the country could join the Appellate Division of the Caribbean Court of Justice (CCJ).

The reason for my opinion is that the country's Governor General Sir Patrick Allen earlier this week administered the oath of office to Jamaican born Professor Winston Anderson as a judge of the CCJ in Kingston and that Prime Minister Bruce Golding spoke in appreciative, though measured, terms of the court’s performance in its five years.

The move to administer the oath to a CCJ judge outside Port of Spain is unprecedented, but it has been reported that the request came from Professor Anderson in order to facilitate his mother and other relatives to witness the ceremony.

An editorial in the Jamaican Gleaner states, "It seems likely that Mr Golding will at next month's summit of Caribbean Community (CARICOM) leaders indicate that his government has completed its re-evaluation of Jamaica's absence from the court and is now ready to begin to plan its accession. This is the difficult bit."

The governing JLP two decades ago was in the forefront, along with Trinidad and Tobago, of the establishment of the CCJ.

I recall while I was solicitor general of St Vincent and the Grenadines in the late 1980s, the attorney general of Edward Seaga 's JLP administration, Oswald Harding, was travelling around the region, along with the late Selwyn Richardson, who was the attorney general of the twin island republic, trying to lobby CARICOM leaders to join the court, but the party changed its stand and vehemently opposed the regional court in its role as the court of last resort in criminal and civil matters.

Their concern was mainly the question of the independence of the CCJ, which the JLP continued to advance even after it was clear that the court was insulated against political interference.

The JLP went further when it successfully challenged the constitution at the Privy Council against Jamaica's participation in the CCJ as was then contemplated.

If the JLP is now in favour for Jamaica to join the CCJ as the final appellate court instead of the Privy Council, there should be no problem because the opposition People's National Party is a strong supporter of the CCJ.

The Jamaican government is contributing 27% of the costs to run and administer the CCJ and has not been getting any benefit whatsoever, since it has not yet abolished appeals to the Privy Council.

Belize is the third country to join Guyana and Barbados, and now that Trinidad and Tobago has a new government, legal circles in the twin island republic feel that the new Prime Minister, Kamla Persad Bissessar, a West Indian-trained attorney might be in favour of the CCJ.

She has already indicated that she will fully embrace CARICOM and its members. She is known to be close to CARICOM colleagues and, as a matter of fact, she invited five of them from Barbados and St Kitts to attend Friday's opening of Parliament in Port of Spain.

She recently commented on the poor state of West Indies cricket, and said that every effort should be made to solve the problems between the West Indies Cricket Board (WICB) and the West Indies Players Association (WIPA), since she said that cricket is one of the pillars of Caribbean unity.

St Lucia, Dominica and Grenada are also considering going on board. The Ralph Gonsalves administration in St Vincent and the Grenadines wanted to join also, but it failed in its referendum to amend the constitution on November 25 last.

However, in my view, it is not that Vincentians do not want to remove the Privy Council as the final court, but the referendum was loaded with a series of constitutional amendments, including more powers to the prime minister, and a president to replace the governor general.

It is unfortunate that CARICOM countries take so long or are somewhat reluctant to be a part of the regional system since the CCJ was inaugurated on April 12, 2005.

I was privileged to visit the court while in Port of Spain for the Fifth Summit of the Americans and was impressed with what I have seen -- besides the well equipped libraries, spacious conference room, robing room, etc, I was elated with the courtroom’s appearance, with the most modern telephonic and other fascinating equipment, which is said to be some of the best in the world.

The facilities include a document reader/visual presenter; ability to use laptop computers, DVF/VCR; audio/video digital recording (microphones situated throughout the courtroom); wireless internet access, and audio/video transcripts.

June 19, 2010

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Bahamas Blog International

Jamaican appointed Caribbean Court of Justice (CCJ) judge - will this prompt progress?

By Oscar Ramjeet:

The Regional Judicial and Legal Services Commission (RJLSC) appointed a Jamaican as the newest judge in the Caribbean Court of Justice (CCJ).

He is Professor Charles Anderson, an academic who replaces Duke Pollard, who goes into retirement on June 10 next when the new judge will assume duties.

He is the first Jamaican to be appointed to the regional court, and the omission of a judge from the largest country in the region has been criticised, especially since that country contributes 27 percent of the costs to run and administer the Court.

Former Attorney General of Jamaica, Dr Osward Harding, who is now the President of the Senate, had indicated to me two years ago that several highly qualified Jamaicans, including a few outstanding Senior Counsel, were overlooked five years ago.

Now that that a Jamaican has been appointed as a judge, one wonders if this will accelerate the powers that be in Kingston to join the Appellate Division of the Court.

Pollard's appointment in the regional court was criticized in some quarters since he was never in active law practice, never served as an advocate either as counsel or prosecutor and has never sat as a judge. He has been an academic throughout his legal career and was involved in preparatory work for the establishment of the CCJ.

The tenure of CCJ judges expires at 72 years of age, but Pollard was given a three year extension two and a half years ago.

Since Pollard's appointment was criticised, legal practitioners want to know why the RJLSC chose a law professor rather than an experienced judge.

Anderson holds a law degree from the University of the West Indies and a Doctorate in Philosophy (Phd) in international law from the University of Cambridge. For most of his career, he has been a member of the Law Faculty of UWI. He was appointed lecturer in 1994, senior lecturer in 1999 and was made professor in 2006. He spent a year as a research fellow at the University of Sheffield between 1994 and 1995, and a year as senior lecturer on fellowship at the University of Western Australia in 1996. He is currently the executive director of the Caribbean Law Institute Centre (CLIC).

Professor Anderson and Professor Simeon McIntosh were involved during the past two years travelling around the Caribbean participating in seminars promoting the CCJ, and urging governments to join the Appellate Division of the Regional Court

The lone female judge in the Court, Desiree Bernard, who was Chief Justice and former Chancellor of Guyana, will reach the age of retirement in March next year, and already there are discussions in the legal circles whether she will be given an extension and, if not, whether another female will be appointed to replace the distinguished Guyanese, who had many firsts in her homeland - the first female judge, first female Court of Appeal Judge, first female Chief Justice, first female Chancellor of Guyana and first female Head of the Judiciary in the Caribbean. She is also the first solicitor to be appointed a judge, the reason being that the legal profession in Guyana was fused in 1979 and Justice Bernard, a practicing solicitor, automatically became an attorney at law since both solicitors and barristers were known as attorneys as of November 1979.

Justice Bernard was appointed a High Court Judge in 1980. I recall writing a piece in the local newspapers under the headline "High time for a female judge in Guyana" and I suggested her appointment although she was from the practicing Bar, and the following week she was named.

Belize will soon be on board as the third jurisdiction to join the CCJ, and I look forward for Dominica and Jamaica to do so soon rather than later. I am also hopeful that Trinidad and Tobago will consider joining now that there is a new opposition leader in Kamla Persad Bissessar, a West Indian trained attorney who served as attorney general in the Basdeo Panday administration.

March 29, 2010

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Bahamas Blog International

More countries showing interest in joining the Caribbean Court of Justice (CCJ)

By Oscar Ramjeet:


It is more than four and a half years since the Caribbean Court of Justice (CCJ) was inaugurated and, so far, no other jurisdiction has joined Guyana and Barbados in accepting the CCJ as the final appellate court.

I read with great interest a statement made by St Lucia Oppositon leader, Kenny Anthony, calling for a region wide simultantous move to join the regional court.

He added that he does not believe that any government should go into amending their particular constitution to facilitate accesssion without securing the agreement of the opposition.

I wonder why when politicians are in the opposition they call on government to take action and when they are in power, they do not comply. Anthony was prime minister when the Court was inaugurated in April 2005. In fact he was present at the lavish ceremony in Port of Spain, and he was in government for 20 long months and he failed to set in motion for his country to remove the Privy Council as the final Court and replace it with the CCJ.

Now he is out of government, he wants co-operation between the government and opposition to join the regional court. This a good move on his part, but he should have done so when he was in government.

There are several factors why some countries are/were reluctant to join the regional court. Jamaica for instance, which was in the forefront in the establishment of the Court, lost interest. Former Attorney General Dr Oswald Harding, who is the current President of the Court of Appeal. who was the main advocate for the court in the late 1980s and early 1990s, said that, although Jamaica is contributing 27% towards the operation of the court, no Jamaican has been appointed as judge, although seven senior well qualified lawyers had applied for the position, and they were all by passed for persons who were less qualified.

He added also the former Prime Minister P.J. Patterson tried to railroad Jamaica's entry and failed to carry out the correct legal procedure to remove the Privy Council as the final Court, which was later struck down by the London-based final court.

The rejection by the electorate in St Vincent and the Grenadines of the November 25 referendum should not be used as a yardstick in the region to measure the thinking of the people whether or not to accept the CCJ as the final Court. I think there were other factors why that referendum failed.

Antigua and Barbuda Attorney General, Justin Simon, made the point that the results of the St Vincent rederendum should not deter other jurisdictions from seeking constitutional changes to accommodate the regional Court.

Belize will soon join the regional court. Jamaica has reconsidered its position and will soon put the mechanism in place to do so and a few OECS states including Grenada, Antigua, and St Lucia are also willing.

Trinidad and Tobago, which spearded the establishment of the Court along with Jamaica, will take some time before it comes on board. The reason being that it must first secure the approval of the Opposition, and Basdeo Panday's UNC is not interested... at least not for now.

Lets hope by the end of next year at least three other jurisdictions will be on board.

December 9, 2009

caribbeannetnews

Bahamas Caribbean Blog International

Mixed reviews for the Caribbean Court of Justice (CCJ)

Mark Beckford, Staff Reporter

Susan Goffe, chairperson, Jamaicans for Justice.

Despite assurances from the Caribbean Court of Justice (CCJ) about measures put in place for the independence of the court, Susan Goffe of Jamaicans for Justice is expressing some concern about how it is administered.

Goffe noted that while there was a Regional Judicial and Legal Services Commission to oversee the selection of judges, the arrangements do not go far enough to ensure the legitimacy and security of the court.

Goffe added that more changes are needed to secure the independence and permanence of the court than the amendments already made to the Treaty of Chaguaramas. This treaty is the agreement between the Caribbean states, setting up the CCJ, among other things.

Goffe believes that any legitimisation of the court should be done by enshrining whatever changes there should be in the Jamaican Constitution. With that said, she believes serious national discourse should begin.

Judiciary independence vital

Answers to concerns about the independence of the court from manipulation are posted on the CCJ website.

"It is generally accepted in our societies that independence of the judiciary is a vital and essential ingredient of the rule of law, a basic principle of social engineering in CARICOM member states.

"To ensure independence of the members of the court, appropriate provisions have been elaborated in the agreement establishing the CCJ to provide for credible institutional arrangements," the website read.

It continued: "First, unlike the situation with the European Court of Justice, where Judges are appointed by the ministers of government, judges of the CCJ are appointed by a Regional Judicial and Legal Services Commission, whose composition should offer a reasonable degree of comfort to the court's detractors."

The funding of the court by member states of CARICOM has also raised the spectre of influence by these same states. However, the CCJ on its website said that certain steps have been put in place to ensure that this does not occur.

"In order to pre-empt this eventuality, the heads of government have mandated the ministers of finance to provide funding for the recurrent expenses of the court for the first five years of its operation."

A trust fund has been established and capitalised in the sum of US$100 million, so as to enable the recurrent expenditure of the court to be financed by income from the fund which is administered by the Caribbean Development Bank.

Former Solicitor General Michael Hylton said this provision has earned his confidence in the court.

Beyond the rules

"Political influence doesn't mean that a politician is going to call you and tell you what to do, but if a country doesn't like a judgment, it can withdraw its payment. This cannot occur under the treaty and with the trust fund that is set up," he said.

Attorney-at-law R.N.A Henriques, however, believes that independence goes beyond just putting in rules.

"We have had a history in Jamaica, where the bias of rulings are in favour of the government in cases. Therefore one is not really insulated by a Constitution. The dispensation of the rulings will be based on integrity not by what is in the constitution. Time will tell, that is why it is important that the judges are of a certain calibre."

December 7, 2009

caribdaily

Bahamas Caribbean Blog International

No referendum needed for St Kitts-Nevis to join the Trinidad-based Caribbean Court of Justice (CCJ), says Prime Minister Denzil Douglas

BASSETERRE, St Kitts (CUOPM) -- St Kitts and Nevis Prime Minister Denzil Douglas said on Tuesday the twin-island Federation does not have to hold a referendum to join the Trinidad-based Caribbean Court of Justice (CCJ).

Responding to a question during his weekly radio call in programme “Ask the Prime Minister,” Douglas said St Kitts and Nevis would proceed to the Caribbean Court of Justice (CCJ), as part of the collective body that presently utilizes the Eastern Caribbean Supreme Court (ECSC) system.

“I have been advised of this sometime ago. We do not necessarily have to hold a referendum if we want to advance to the CCJ as our final appellate court rather than utilizing the (London-based) British Appellate Court,” said Douglas, who said he was willing to check with legal advisers to see if the position remains the same.

“We support the CCJ. We are not against it for we support it, but we will advance with the other OECS countries as the entirety of the OECS Supreme court system,” said Douglas.

Of all the CARICOM member countries only Barbados and Guyana have the CCJ as their final appellate court.

The Caribbean Court of Justice (CCJ) is the regional judicial tribunal established by the “Agreement establishing the Caribbean Court of Justice.” It had a long gestation period commencing in 1970 when the Jamaican delegation at the Sixth Heads of Government Conference, which convened in Jamaica, proposed the establishment of a Caribbean Court of Appeal in substitution for the Judicial Committee of the Privy Council.

The Caribbean Court of Justice has been designed to be more than a court of last resort for Member States of the Caribbean Community. For, in addition to replacing the Judicial Committee of the Privy Council, the CCJ will be vested with an original jurisdiction in respect of the interpretation and application of the Treaty Establishing the Caribbean Community. In effect, the CCJ would exercise both an appellate and an original jurisdiction.

In the exercise of its appellate jurisdiction, the CCJ will consider and determine appeals in both civil and criminal matters from common law courts within the jurisdictions of Member states of the Community and which are parties to the Agreement Establishing the CCJ. In the discharge of its appellate jurisdiction, the CCJ will be the highest municipal court in the Region.

In the exercise of its original jurisdiction, the CCJ will be discharging the functions of an international tribunal applying rules of international law in respect of the interpretation and application of the Treaty.

By interpreting and applying the Revised Treaty of Chaguaramas which establishes the CSME, the CCJ will determine in a critical way how the CSME functions.

Member States signing on to the agreement establishing the CCJ agree to enforce its decisions in their respective jurisdictions like decisions of their own superior courts.

October 15, 2009

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Bahamas Blog Bahamas

Jamaica Prime Minister, Bruce Golding says the Jamaican government may re-evaluate its position on the Caribbean Court of Justice (CCJ)

KINGSTON, Jamaica (JIS) -- Prime Minister, Bruce Golding, indicated on Tuesday night that the Jamaican government may be contemplating re-evaluating its position on the Caribbean Court of Justice (CCJ).

Golding told Tuesday night's Town Hall Meeting in the assembly hall of the University of the West Indies(UWI), Mona, that a number of changes had been made to the Court, since his Jamaica Labour Party (JLP) and other regional groups raised concerns.

"I think we are in a position now, where we can do a revaluation of that now. I put it no stronger than that. But, I think we are now in a position where that proposal can be re-evaluated," he said.

He explained that the JLP had reservations about the original concept of the Court, including having CARICOM political leaders appoint the judges, as well as the possibility of the Court becoming hostage because of lack of finances. He said that the JLP also needed to see the court function, in order to evaluate its jurisprudential quality.

Golding said that the Government was satisfied with the appointment of a judicial commission to appoint the judges, as well as the setting up of a trust fund to finance the Court and felt that, in terms of the performance of the court, a re-evaluation was possible.

October 8, 2009

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Bahamas Caribbean Blog International