Latest update April 19th, 2024 12:59 AM
Jan 24, 2015 Letters
DEAR EDITOR,
I was surprised when I received a Media Release from the Caribbean Court of Justice that it is arranging activities to celebrate its tenth anniversary. I do not think that the Regional Court has achieved much to warrant a year-long celebration.
The Release stated that “the CCJ has come a long way over those ten years. As compared to the solitary case that was filed and heard in 2005, last year the Court delivered 21 judgments, six of which were from Barbados, four from Belize and 11 from Guyana. Twenty-six matters were filed in 2014. It is for our stakeholders (lawyers, courts throughout the region, academia, the general public) to assess critically, the jurisprudence the Court has fashioned over those years, but the judges and administrative staff of the Court are extremely proud that for the last decade we have been afforded the opportunity to serve the region in implementing the historic mandate of the Court and in furthering the development of Caribbean jurisprudence”.
The Release added that throughout the calendar year, the Court will be embarking on a variety of activities to commemorate the 10th anniversary.
Is there need for celebration when only three countries have abolished appeals to the Privy Council? More efforts should be made to convince the other governments, especially Jamaica and Trinidad and Tobago, to sever ties with the London-based Privy Council. These two countries were in the forefront in the formation of the CCJ, and I am at a loss as to why they have changed their minds.
It is because of Trinidad’s involvement from the inception that the Court is headquartered in Port of Spain, and Jamaica under the leadership of Edward Seaga was advocating for the regional court, and moreso it is contributing the most annually for the administration of the Court and it is unfortunate that it is receiving very little benefit.
The latest report is that a Bill has been tabled in the Jamaican Parliament seeking approval to abolish appeals to the Privy Council, but that Bill will have to get the support of the opposition Jamaica Labour Party (JLP) before the change can be initiated, because there was a Privy Council ruling that three-quarters of the parliamentarians have to agree to remove the Privy Council as the final court.
Trinidad and Tobago seems to be interested, the current Prime Minister wanted to go halfway – abolished criminal appeals only – but she changed her mind and said that she will seek a referendum from the electorate. This is election year in the twin-island republic.
I do not know what the delay for Dominica going on board is, because Britain gave the green light and the local Parliament passed the required legislation more than six months ago.
The Grenada government has indicated that it will seek a mandate from the electorate by a referendum sometime this year. The St. Lucian government is also willing to sever ties with the Privy Council, but no positive step has been taken to do so.
Perhaps I should state that the CCJ in its original jurisdiction interprets treaties and dealt with an application filed by a Jamaican woman who was harassed and refused entry into Barbados. The Regional Court ruled in favour of Shanique Myrie and awarded damages and costs in her favour.
I sincerely hope that before the end of the year at least two countries will join the Appellate Division and there will be good reason for a celebration.
Oscar Ramjeet
Where is the BETTER MANAGEMENT/RENEGOTIATION OF THE OIL CONTRACTS you promised Jagdeo?
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