Moreterritoriesmightjoin theCCJthisyear

Dear Editor,

We are in a new year and am certain before the end of December at least three more countries will abolish appeals to the Privy Council and accept the Caribbean Court of Justice (CCJ) as the final court of appeal. Others will soon follow.

The CCJ was established on February 12, 2001, and inaugurated on April 16, 2005, and so far only four countries ‒ Guyana, Barbados, Belize and Dominica ‒ have severed ties with the London based Privy Council, and despite several promises and commitments by other governments there is an inordinate delay in the others coming on board. However, recent developments lead me to believe that Jamaica, St Lucia, and Grenada will soon become full- fledged members of the regional court.

Jamaica with a population of more than 2.5 million has recently passed three pieces of legislation, paving the way for such a move, and its Foreign Affairs Minister, AJ Nicholson, said there was no turning back.

He told lawmakers that there is no need for a referendum to decide the issue. He said, “Let us tear down this referendum wall.” He disclosed that none of the 41 countries that left the Privy Council and established their own courts had gone the referendum route.

St Lucia’s Prime Minister, Kenny Anthony, has always been an advocate for the regional court and so has Grenada Prime Minister, Keith Mitchell, and now that a legal opinion has been issued by the Eastern Caribbean Supreme Court that a referendum is not required for those two countries to rid themselves from the Privy Council, moves have been made in this regard.

Meanwhile the Prime Minister of Antigua and Barbuda, Gaston Browne, and leader of the opposition United Progressive Party (UPP) have recently signed a Memorandum of Understanding (MOU) on constitutional reform for a bipartisan approach. The MOU was signed in the presence of the President of the CCJ, Sir Denis Byron, who was Chief Justice of the ECSC.

The new Prime Minister of Trinidad and Tobago, Keith Rowley, is also in favour of the regional court since he questioned his predecessor, Kamla Persad Bissessar about why she only wanted to go half way ‒ abolishing appeals to the Privy Council in criminal matters alone.

Fourth term Prime Minister Ralph Gonsalves of St Vincent and the Grenadines is a strong advocate of the CCJ, but his attempt to join the court failed in a referendum. He might pursue it after he settles into his new term, and the St Kitts/ Nevis Prime Minister will also be encouraged to join.

I think that the government is making a serious mistake. It is one that is inimical to its thrusts in the areas of codes of conduct, zero tolerance, and the reach for high ethical standards and plateaus. Here is one supporting story.

A highly qualified man, a quiet patriot and friend resident in this country offers the vast repertoire of his training, skills, experience, and wisdom to the government. There are no takers. It does not matter that his offer is pro bono, there is no interest. Perhaps, it is because of this that there is scant interest. It is troubling. I know of others, who have made similar pro bono offers with the same result. For me, it is always a special pleasure (albeit a rare one) to discover another Guyanese for whom mammon is not god. I continue.

While the President exhorts members of the diaspora to return and serve here in these cosmopolitan hinterlands, there are some already here, who are ready to serve free. Absolutely free, and that is the only string attached. And yet there is no interest. What is the problem? I have a few thoughts.

Fear, uneasiness, and lack of control are what come to mind. I expand. There could be fear as to what the newcomers would see and hear and learn. There might be uneasiness that these idealistic ones would be too straight-laced and holier than thou. In other words, since they want nothing, they would not like skeletons and subterfuges; and they may just be too sharp for their own good, and discomfiting in their mere presence. I know, as I had encountered the same fear and uneasiness with local civil society bulwarks when my hand was raised.

Additionally, when men make it clear