Kick CARICOM to the kerb

We, Jamaica and Jamaicans - need to give the six-month notice and leave CARICOM

I would support the repatriation of CARICOM nationals who work in Jamaica.  Parochial, yes.  More jobs for Jamaicans

By Ronald Mason, Jamaica Gleaner Contributor

There comes a time when the only thing to do is make clear, definitive, unambiguous statements about things of importance.  Here goes.  I am a Jamaican, I am NOT a Caribbean man.

I want no part of the totally useless creation we label CARICOM.  The peoples who populate those islands 1,000 miles away from my home are not brothers and sisters.  There has been some cross-breeding, but it's statistically insignificant to warrant the familial term 'brothers'.

I do not ascribe to the notion that because we are primarily and predominantly of the same racial composition, that makes us brothers.  The same could be said of the people of Papua New Guinea.  They were also former colonies of the same empire, but I do not hear this claim for integration with those good people.

I have visited countries in this Eastern Caribbean.  On arrival, one is not imbued, as a Jamaican, with the feeling of belonging.  One is met with the quizzical, "What do you want now?"

I have had a period of enforced residence with some of them at a particular North American university and here in Jamaica.  This has not created any pleasant memories, and I would have been better off not to have had those interpersonal experiences.

NOT THE SAME

We are different.  Mauby, blood pudding, bake, monkeys unfettered, major racial divide are all daily features of life in those islands.  The fact that the West Indies cricket team is offered up as a source of bonding strikes me as overreaching.  The team, when it was great, had individuals who proved to be extraordinary.  They were immensely, individually talented.

They had a singular purpose - to win.  They did win, but the team was created initially out of British colonies.  The development of independent countries with their own attendant nationalism has significantly diluted this experience.  One is hard-pressed to foresee a return to glory on the field, and even if they did, what would differentiate them from other cricket entities?  Just look at the Indian T20 spectacle.  Love cricket - watch, recognising the multiple nationalities playing as a unit.

The Trinidadians have this over-bearing, suffocating attitude.  The Bajans have this bombastic self-importance.  Both of these nations waste no time in displaying these traits towards Jamaicans.  Remember Kamla Persad-Bissessar and the ATM being out of bounds?  The Bajans and Shanique Myrie?

NO LONGER SUFFER IN SILENCE

As an aside, until these most recent incidents, I was prepared to listen to Sir Ronald Sanders and suffer in silence.  No more.  We need to give the six-month notice and leave CARICOM.  Keep your oil, money, flying fish and population.  We will deal with the world as it is and forge our way therein as best we can.

We have the resourcefulness, aptitude and personnel to make our mark.  Let us use what we have and be inspired by George Headley, up to Shelly-Ann Fraser-Pryce, Usain Bolt, the Nobel laureate in our midst and those high achievers in the diaspora.

Have you noticed which two countries are usually responsible for put-downs of Jamaica and Guyana?  I, for one, am no longer prepared, on the national level, to engage those who patronise my country and my countrymen.  I would support the repatriation of CARICOM nationals who work in Jamaica.  Parochial, yes.  More jobs for Jamaicans.

The matter of commerce between the countries is predicated on mutual benefit.  Is this the case with Jamaica and CARICOM?

Hell, no.  They see Jamaica as the market to be exploited, not where fair trade exists.  No to Jamaican patties.  Yes to tissue high in bacteria.

Play the fool regarding natural gas.  Pull the plug.  Get the brand name Air Jamaica, then curtail service to Jamaica.

We do not have to buy the biscuits, chocolate, peanuts, tissue and the multitude of other consumables from Trinidad.  There are Jamaican products of similar or superior quality than.  And our local purchases will boost jobs at home.  As for me and my house, we will not buy CARICOM products.

OTHER OPTION

As a member of the legal fraternity, I have given great thought to the Caribbean Court of Justice (CCJ).  I understand the need for a final appellate court.

I do have a longing to sever the ties with the colonial power.  Let me suggest that we look at another option.

There is a country in our part of the world that is developed, shares our judicial heritage and philosophy, does not have the baggage of colonial domination, and has proven itself to be a worthy ally of Jamaica.  I have no knowledge that they would be receptive to affording us assent for our final court.

However, we need to cut the ties to CARICOM.  Leaving the treaty will mean exiting the CCJ.  We would be diminished as a court of original jurisdiction for CARICOM trade matters.  Can we give thought to looking to Canada as our final court of appeal?

This may well mean a diminished court.  It may further be reduced if we could recoup the 26 per cent contribution we made to the trust which funds the court.  This totalled US$100 million.

Federation was a bad idea.  It was laid to rest.  CARICOM cannot hope to be viable without some states ceding to the whole some political power.  God forbid that Jamaica should do that.  Political decision-making, however limited?  No way!

The current experiment has to be laid to rest.  For me and my household, we will be at the vanguard of seeing to the dismantling of CARICOM.  I am a proud Jamaican.  I am not a Caribbean man.

Ronald Mason is an immigration attorney-at-law/mediator. Email feedback to columns@gleanerjm.com.

May 05, 2013

Kick CARICOM to the kerb (Part 2)

Jamaica Gleaner

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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