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

Amnesty concerned over 'apparent inaction' of the Bahamas towards 2008 report issues

By AVA TURNQUEST:



HUMAN rights group Amnesty International has expressed concern by the "apparent inaction" of the Bahamas government towards any of the issues tabled in the 2008 report published earlier this year.

The report tabled concerns over the death penalty, domestic violence and migrant's rights, and provided suggestions towards restoring the country's commitment to promoting and protecting human rights.

Commenting on the police and security forces, the report stressed: "The lack of an independent body to investigate allegations of ill-treatment involving police officers undermined confidence in due process."

Yesterday, Amnesty International spokesman R. E. Barnes named the allegations surrounding the deaths of Patrick Strachan and excessive force used on Emmanuel McKenzie as two examples of inaction towards the report, as the organisation is unaware of any conclusion to either investigation.

He also criticised Government's refusal to release reports on the Carmichael Road Detention Centre.

Amnesty International calls on Government to:

Repeal all provisions allowing for the death penalty and immediately declare a moratorium on all executions;

Ensure that all complaints of excessive use of force by the security forces are subject to immediate, thorough and independent investigation and, if state agents are charged with misconduct, that their cases are brought to trial in an expeditious manner;

Amend existing legislation to ensure that marital rape is outlawed;

Ensure the full and effective implementation of the Domestic Violence Protection Order Act;

Implement migration policies that protect human rights, including ratifying and implementing the international convention on the protection of the rights of all migrant workers and members of their families.

Mr. Barnes added: "We are concerned first and foremost about human rights, however we always try to allow governments or the appropriate bodies sufficient time to follow proper protocol.

"Our job is simply to observe and note what's occurred. However, it is our fervent hope that a report on the Detention Centre is forthcoming."

December 05, 2009

tribune242

Bahamas Caribbean Blog International

Poor outlook for doing business across the Caribbean, says CDB president

GEORGETOWN, Guyana -- President of the Caribbean Development Bank (CDB) Compton Bourne believes the outlook for doing business in the Caribbean is a very poor one as it takes “forever” to get the paperwork and regulations to set up a business in the region.

Addressing the Georgetown Chamber of Commerce and Industry’s (GCCI) annual awards and dinner presentation on Wednesday, Bourne says another challenge is the slothfulness of the court system in resolving business disputes.

He has called for authorities across the Caribbean to address these shortcomings, so that the environment for doing business can be more conducive and attractive.

Turing his attention to the global financial crisis and its impact on the Caribbean, Bourne said several sectors in the Caribbean have been severely hit by the crisis, including tourism trade and bauxite.

He also cited the decrease in foreign investment in the Caribbean as another effect of the crisis.

However, Bourne said the CDB will not sit idly by and allow the crisis to shrivel the regional economies as already it is responding to the challenges facing the region.

“We at the CDB have been doing our best to modify policies and provide assistance... we have reduced the counterpart funding required for countries seeking to borrow money from the CDB, we are currently making fuller use of our policy based loans which provide strategy support to countries." Bourne explained.

He added that the bank has also reduced the interest rates continuously to the clients of the bank.

The CDB president added that two major initiatives are on stream to assist indigenous banks and hotels affected by low visitor arrivals.

The CDB will provide liquidity support to some banks, particularly indigenous banks that are in some difficulty, and liquidity support to some hotels in the region that would normally be viable but whose vulnerability is threatened by fall in visitor arrivals.

December 5, 2009

caribbeannetnews

Bahamas Blog Bahamas

CARICOM chairman says poor regional production contributes to impact of global crisis

GEORGETOWN, Guyana -- Guyana's President Bharrat Jagdeo has called on Caribbean Community (CARICOM) countries to increase their levels of productivity, which is key to economic advancement.

Jagdeo, who also chairs the regional grouping, said on Monday at an event in Port-of- Spain that the region’s laid back approach may be one of the factors responsible for it not being able to deal with the financial crisis.

“Our (Caribbean) inability to deal with this crisis, I am not speaking about every country, but we have for a long time in this region been less productive. If you look at the productivity in our overall economy it has been declining steeply,” Jagdeo said

He believes poor production, along with high debt overhangs, has caused many countries to face hardship due to the global economic crisis.

He noted too that Caribbean countries have borrowed so much from the lending agencies that every year the servicing of their external debts has been racking up and is now getting to a stage where some countries are using too much for this purpose.

Jamaica, he says, is one such country, which at one point has been using over 100 percent of its gross domestic product (GDP) to service external debts.

Jagdeo noted that such a situation spells trouble for the regional economy.

“How can you build a viable medium term strategy with a debt overhang in the region that is about 90 percent of GDP and includes commercial debts at high interest rates?” the president asked, adding, “It's almost impossible, sucks the life out of the economy.”

Jagdeo, who also chairs the CARICOM economic task force, noted that it is now time to create a new model, which he says will place heavy emphasis on debt relief for Caribbean countries.

He noted that Guyana was no exception from this high debt overhang as at one stage this country was using over 90 percent of its GDP for this purpose.

This has changed and the country is now using just about 4 percent of its GDP for servicing of external debts.

December 4, 2009

caribbeannetnews

Bahamas Caribbean Blog International

Cultural industries growing in significance in Latin America and the Caribbean

By Odeen Ishmael:


Earlier this year, the Latin American and Caribbean Economic System (SELA) convened a forum in Caracas on the protection of the region’s folklore, traditional knowledge and genetic resources.

Protection of these resources, which form the basis of cultural industries, is a particularly sensitive issue for the countries and governments of Latin America and the Caribbean. It is also a relatively new issue, which is simultaneously linked with commercial interests, human rights and national sovereignty matters. According to SELA, it is also related to the commitments taken on by the Latin American and Caribbean countries within the framework of the multilateral trade negotiations and with the conditions on traditional knowledge negotiated in already signed free trade agreements (FTAs). Actually, various versions of FTAs negotiated over the past few years now include specific provisions about traditional knowledge, framing it within the general concept of intellectual property.

Generally, cultural industries are specifically concerned with the creation, production, and distribution of goods and services that are cultural in nature, many of which are protected by copyright provisions. More and more, cultural industries are playing a significant role in the economies of both the developed and developing countries since they produce artistic and creative outputs and have the potential for wealth creation and income generation. Thus, they form an important aspect in poverty alleviation.

In 2000, the global value of cultural industries was estimated at US$900 billion; five years later the estimated figure had jumped to US$1.3 trillion and, currently, it is approaching US$2 trillion. With the advance of cultural productions such as the music and entertainment industry, as well as international sports competitions in Latin America and the Caribbean in the past five years, the region stands to achieve even a modest share in the global cultural markets which can have a positive effect on domestic employment and GDP growth.

At present, cultural industries account globally for about 7 percent of GDP. In Latin American and the Caribbean (LAC), the average contribution of this sector, excluding the cultural tourism sector, to GDP is about 4 percent. It is relatively much higher in Europe and the United States of America.

A noteworthy aspect of cultural industries is cultural tourism. Overall, tourism has become one of the most important industries globally and it now a significant factor in the development of the global economy. In recent years, LAC countries have experienced a growth in this sector, even though the current global economic downturn has been a detrimental factor in its advance. Nevertheless, throughout the region, particularly in Central America, cultural tourism continues as a leading money-earner for local populations and governments. No doubt, this is because these countries possess archaeological sites, old colonial towns, natural scenery, pristine rain forests and rivers, along with the traditional cultural forms of the people—all of which present a variety of cultural attractions to tourists from all parts of the world.

National sports also provide an attractive pastime for tourists and thousands of local and foreign tourists congregate in various LAC countries to watch baseball games in Cuba, Puerto Rico, Dominican Republic and Venezuela, to revel at football in Brazil, Argentina, Colombia, Mexico and Costa Rica, and to enjoy international cricket matches in Guyana, Jamaica, Barbados, Trinidad & Tobago, as well as other English-speaking Caricom countries.

Actually, cultural industries, generally environmentally friendly, are especially suited to aid in local development. They are “people intensive” rather than “capital intensive”, and often employ creative workers. At the same time, these industries can assist in social cohesion since arts, culture, and sports can offer common meeting places in societies affected by political divisions and economic and social inequality.

One of the current drawbacks in assessing the economic potential of cultural industries in LAC is that many regional economists and development planners are not yet totally convinced about the importance of cultural industries to economic development. It is hoped that they will eventually agree that culture is an economic resource that can be used to promote sustainable growth, and if properly utilised, can be effective in poverty alleviation. A comprehensive technical assistance programme, with the aid of relevant UN agencies, can be developed to assist in the sustainability of these industries, particularly handicraft production in rural communities. Both the Inter-American Development Bank (IDB) and the United Nations Industrial Development Organisation (UNIDO) have in the recent past carried out studies of cultural industries, and their expertise should be utilised in developing the necessary technical programmes for the region.

It should be noted that a sizeable proportion of women work in cultural industries, especially in craft production. Obviously, the development of these industries positively aids in advancing women entrepreneurship, thus promoting gender balance and equity. Cleary, these enterprises, particularly the craft sector, can inject long-term growth for marginalised population groups such as women and youth.

One of the major complaints of workers in cultural industries is that current regulations in LAC are antiquated and must be adjusted to meet the demand of changing times. Regulations and institutions are sorely needed to combat piracy of intellectual property, a problem which has now graduated into a worldwide plague. In this respect, governments of the region must take on the urgent task of developing effective legal and regulatory frameworks to protect their cultural industries.

When SELA convened its forum on the protection of the region’s folklore, traditional knowledge and genetic resources, it obviously did so with the realisation that these factors heavily influence cultural industries and their economic impact on its member states. But like other economic activities, the problems associated with global climate change can have a detrimental effect on all of these aspects of cultural industries. Surely, the destruction of the region’s forests and other natural resources can lead to damaging results, not only on archaeological sites and the natural environment, but especially also to genetic resources in the region. Already, as is well known, the ownership of many of the genetic species of plant life in our various countries is claimed by institutions and other enterprises in developed countries, which have registered patents and other forms of title, and they exploit these resources to manufacture pharmaceuticals and other high-priced products from which the LAC nations obtain marginal economic benefits.

With the impact of cultural industries already highlighted by one regional organisation at a major forum, it is hoped that others will also give it special attention. It is obvious that these enterprises, given local, regional and international support, can be instrumental in supporting the struggle against poverty and for the improvement of the economic livelihood of a wide cross-section of the region’s citizenry.

December 3, 2009

caribbeannetnews

Bahamas Caribbean Blog International

Bahamas: HIV/AIDS program ups focus on prevention

By JIMENITA SWAIN ~ Guardian Senior Reporter ~ jimenita@nasguard.com:


With great emphasis placed over the years on treatment of people living with HIV/AIDS, greater focus must now be turned to prevention in the fight to reduce numbers, according to a local expert.

Director of the National AIDS Program Dr. Perry Gomez said yesterday that in addition to prevention more needs to be done when it comes to people at greatest risk. He spoke about the HIV issues in the country moments after attending the annual church service in observance of World AIDS Day held under the theme "Universal Access and Human Rights".

Gomez said that two weeks ago consultants from the Pan American Health Organization (PAHO) reviewed the health system's response to the HIV epidemic and what has been done by the national program which he heads.

"They of course spoke about the positive things we have done, but we also more importantly identified gaps in the program that we need to address more diligently," Gomez said. "We have to do much more in prevention."

Many Bahamians with HIV/AIDS are receiving treatment, which in his view placed a dent in the epidemic, with reduced numbers of deaths and an almost complete elimination of mother-to-child transmission.

Gomez said transmission from infected mother to child is only seen in pregnant women who do not go to the clinic for treatment.

"Our response to that is we have to do more to get people in, make sure all pregnant women come to clinic...and look into the reasons why people don't come," he said. "The investment mustn't all be in treatment because we can't keep up with that, because the cost of treatment is so high. We must balance treatment with prevention so the country can afford it in the long run."

Gomez said all countries are being urged to increase prevention as a UNAIDS policy or mandate.

"In particular for us we have not done as good a job in the area of prevention in people at greatest risks," he said.

At risk groups are considered to be men who have sex with men, commercial sex workers, drug users, migrants and youth.

"Prevention must not be generalized. It must now be specific to the group you are targeting and so there is a need to know more about each group. The program can now plan and adjust for those kinds of things," Gomez said.

He pointed out that it was only in recent weeks through a survey conducted two years ago that there is data available on men who have sex with men.

While there has been much success with the national program, there is still much more that can be done, said Dr. Baldwin Carey, a Ministry of Health consultant and the former director of public health who brought remarks on behalf of the minister of health.

"We must ensure that persons living in our Family Islands can access testing, treatment and care in their own communities," Carey said. "The Ministry of Health is committed to ensuring that the most vulnerable to HIV can access treatment and care and we must continue to promote not only medical, but a social and legal environment that is supportive of safe and voluntary disclosure of HIV status."

Dr. Merle Lewis, PAHO and World Health Organization (WHO) country representative to The Bahamas and the Turks and Caicos, said the local program has strengths, but the weaknesses must be corrected.

"There may be certain at risk groups that may get lost when you look at things generally, so we have to actually identify clearly who those groups are and go after them," Lewis said.

In addition, she said, new infections seen in young people means that the youth needs to be targeted.

"The other gap I think we've seen is a gap in treatment in terms of we suspect that there are many more people who are in need of treatment who are not actually receiving treatment at this time."

The Caribbean as a region has the second highest level of adult HIV prevalence in the world outside of sub-Saharan Africa, according to the 2009 AIDS Epidemic Update.

In 2008 there were an estimated 240,000 people living with HIV in the region, up from 220,000 in 2001. However, the number of new infections was stable at about 20,000 last year as compared to the 21,000 infections recorded in 2001.

In an earlier interview, Dr. Gomez said local officials have not been able to tap into the category of commercial sex workers whose test results, when calculated, could drive the number of reported cases in The Bahamas even higher.

There were 6,103 cases of AIDS reported over the past 20 years. And of those cases, just over 4,000 people died from the disease — more than 66 percent of those diagnosed.

In 2008, there were 2,078 people living with AIDS, according to health officials. There were 5,387 people living with HIV.

Gomez said that between January and December of 2008, 263 new HIV cases were reported, compared to 287 cases in 2007. The highest number of reported HIV cases was in 1994 at 657, according to the data.

Gomez also noted there was a slight decline last year in the number of reported cases of full-blown AIDS. There were 185 AIDS cases reported, down 36 cases from 2007 when 221 cases were reported.

The highest number of reported AIDS cases was recorded in 1997 at 387.

December 2, 2009

thenassauguardian

Bahamas Blog Bahamas

Bahamas: Spotlight on sexual violence

By THEA RUTHERFORD ~ Guardian National Correspondent ~ thea@nasguard.com:



A Bahamas Crisis Centre-hosted symposium on sexual violence held on Wednesday, November 25, the International Day for the Elimination of Violence Against Women, brought noted panelists together to increase awareness of the burning issue.

Held for a half-day at the C.H. Thompson Memorial Youth Center of Transfiguration Baptist Church, the symposium included presentations from physicians, psychologists, politicians and representatives from both the police sexual offenses unit and the Attorney-General's office.

In addition to remarks from the various stakeholders, students from Expressions of Excellence, the drama group at C.C. Sweeting High School, performed a skit to illustrate the issue.

Her Majesty's Prison superintendent Dr. Elliston Rahming was among the first to address the group, citing alarming international statistics for sexual assault.

One in 33 men and one in six women will be assaulted during their lifetime, Rahming said.

Statistics for the report of incidences of sexual assault were equally dismal, with Rahming noting that 60 percent of cases in the U.S. went unreported. He said that there were no specific numbers for the report of cases in The Bahamas.

"Sexual violence is a very serious problem but again in The Bahamas we see it as a law enforcement problem," said Rahming. "More and more countries are seeing it as a public health problem. When you look at the wide ramifications of violence and sexual abuse, it has any number of attachments — psychological, sociological, healthwise and otherwise, so we agree that we have a problem."

Rahming also shared common myths about the causes of sexual violence and the nature of its perpetrators. "The first is that sexual violence, domestic violence, occurs primarily or typically among poor persons — that is a myth. It runs the gamut straight across the spectrum," said Rahming.

Other myths include the notion that the victim deserves the abuse and that domestic violence is a private matter between husband and wife. Rahming also addressed the "blaming the victim" attitude that questions why the abused person does not leave, noting the psychological complications underlying such circumstances that such reasoning oversimplifies.

"If you have been abused or if you have been sexually victimized, you ought to know that it is not your fault and you have a duty, not an option, to report it," said Rahming. "Thirdly, you're not alone . . . help is available."

Dr. Ada Thompson joined the prison superintendent on the panel of speakers with a talk on the devastating consequences of spousal rape.

"Spousal or marital rape is more common than we know," said Thompson, a medical doctor who is also a minister of the gospel. "I've had some patients who have been raped scores of times by their spouses . . . but because we live in a society where men's rights, in spite of all the declarations we may sign, still seem to take precedence over the woman, then most times he gets away with it."

Weeks after the government's consideration of the proposal to amend the Sexual offenses and Domestic Violence Act in order to ban spousal rape became public, a debate raged in the news headlines between supporters and proponents. Religious leaders on both sides of the debate have been among the most vocal in public discussion of the issue.

Thompson dismissed the claims of those opposed to the still pending ban.

"You have some men of the cloth who are saying that it is not possible to rape a wife, because she is a wife she has given up her right to say no. And of course I challenge that," said Thompson. "She hasn't given up her rights to be a human being and if you violate her rights to being a human being, the right to say no . . . then that is violence and violence of a sexual nature is rape."

Underscoring the importance of the International Day for the Elimination of Violence Against Women during the symposium, director of the Crisis Centre, Dr. Sandra Dean Patterson said:

"We thought to recognize [this day] by focusing on the whole issue of sexual violence. Sexual violence is deadly business. Rape is a four letter word that raises fear and terror in many, many women and is the source of emotional devastation and pain for all who are violated. It's the worst invasion of privacy that an individual can experience. It violates your physical body but also your soul and your spirit."


December 1, 2009

thenassauguardian

Bahamas Blog Bahamas