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

Gleaner newspaper suggests disbanding CARICOM

by Oscar Ramjeet:



Caribbean Community (CARICOM) leaders are now meeting in Montego Bay in Jamaica, and the Gleaner, the leading and most widely read newspaper in the region, has come out in a blistering attack against the regional group.

The editorial was published only days after former Secretary General of the Commonwealth Secretariat, Sir Shridath Ramphal, who is a well known advocate for regional integration, spoke of the non-performance of the Georgetown-based CARICOM Secretariat.

And St Vincent and the Grenadines Prime Minister, Ralph Gonsalves, also voiced his disapproval when he said that CARICOM lacks leadership.

The Gleaner said that the leaders at their Montego Bay meeting should be honest with themselves and declare their inability to provide "serious leadership" to the integration process.

The editorial added, "Should they so decide, the next step is obvious: disband the community and allow its 15 members to find their own way in the world. Or, if they desire, form alliances with alternative trade and economic organisation."

It added, "This is not a position that this newspaper has arrived at lightly, like the conceptualisers of CARICOM, and the millions of people who have invested much hope in the institution understand the logic of integration. But the logic is one thing, its application is another. It is on the latter front, for nearly four decades we have failed.

“As a concept and treaty, CARICOM was and remains an excellent idea -- as a single market, to be transported into a seamless economy and as a functional cooperation and economic grouping. It has had some successes, mainly on the political front."

It also stated that, in 36 years, CARICOM has failed to plan, contrive, or achieve an economic breakthrough and "In those countries that have enjoyed relative success, it has had little to do with their membership of CARICOM.”

I recall Sir Shridath, in a passionate presentation, told a graduating class at the University of the West Indies at St Augustine in 1977, 33 years ago, the importance of regional integration and questioned that this region with a population of five million has the most prime ministers and overseas missions with ambassadors and high commissioners than any other country in the planet.

I have time and time again criticised the slow pace of the regional movement and one time referred to it as CARIGONE instead of CARICOM.

The Gleaner stated that if the heads of government who are gathered in Montego Bay are serious about CARICOM and wish the region's support, they must provide bankable assurances that they will mend their ways.

It also referred to Trinidad and Tobago being unfair in denying national treatment to its partners with regard to energy supplies, thus giving its own manufacturers an unfair advantage in this seamless market

It also called for leaders to finally agree on a system that gives executive authority to a supranational body to ensure implementation of decisions taken by heads. It also suggested that there should be an accommodation of shared sovereignty.

It is felt that the organisation has no effective implementation mechanism, nor are they penalties for reneging on undertakings. So, leaders attend summits, talk a lot, arrive at decisions and give undertakings which, for the most part, are never fulfilled.

This in my view should be corrected as soon as possible and I sincerely hope that the Montego Bay summit will iron out the differences of the various leaders and they work together towards a unified movement -- they should remember unity is strength.

July 5, 2010

caribbeannetnews

Bahamas Blog International