Dear Editor,
Four months ago I was very optimistic that before the end of this year at least two more countries would have abolished appeals to the Privy Council and accepted the Caribbean Court of Justice, but it seems as if this will not materialize and no one knows when another country will join.
It is unbelievable that although Britain gave the green light for Jamaica to abolish appeals to the Privy Council since January and Parliament passed a motion by an overwhelming margin of 18-1 on July 3 last, the Commonwealth of Dominica is still tied to the apron string of the London-based court. Elections will be held in that country on December 8 and one wonders if there would be a change of heart if a new administration takes over.
St Lucia on the other hand does not require a referendum. A legal opinion in this regard was given by the Eastern Caribbean Supreme Court (ECSC) several months ago, and although Prime Minister Kenny Anthony is a strong supporter of the regional court, yet nothing positive has been done to accept the CCJ as the final court.
I was prompted to write this piece because of the latest statement from Jamaican Opposition leader Andrew Holness who made it quite clear two days ago that he has absolutely no interest in the regional court. He argued that Jamaica must be economically independent and Caricom “must be sorted out.” He emphasized that “mek we build our economy before we start to pretend that we big bad and politically and economically independent.”
Jamaica requires two-thirds of the votes in order to make the change, and although Prime Minister Portia Simpson is all in favour of the change, she cannot do so without the support of the opposition Jamaica Labour Party (JLP).
Over in Trinidad and Tobago, Prime Minister Kamla Persad-Bissessar said two years ago that she was prepared to go half way, that is to abolish criminal appeals to the Privy Council.
However, nothing has been done so far, although Opposition Leader Keith Rowley had preferred for a complete abolishment.
Although only Guyana, Barbados and Belize have abolished appeals to the Privy Council, all Caricom members are governed by the CCJ in its original jurisdiction to determine treaties, including the Treaty of Chaguaramas, hence the reason why the Jamaican woman Shanique
Myrie successfully moved to the CCJ when she was harassed at the Grantley Adams Airport in Barbados.
Next year April will be ten years since the CCJ was inaugurated.
The vacant position created after the retirement of Justice Desiree Bernard has not been filled since March 3, more than nine months ago, seemingly because the powers that be feel the court is not as busy as was expected.
Yours faithfully,
Oscar Ramjeet
