Dear Editor,
Former President Donald Ramotar, states that `Rejection of CCJ has with it the seeds of greater harm’ (SN Nov 18, 2018). He is plain wrong. The evidence does not support his conclusion. The people (not politicians) of the region should have the power to determine which court should be their final court of appeal. Rejection of the CCJ is not a case of people viewing the Privy Council as superior to the CCJ – although that may very well be factual. It is because they don’t trust politicians that the people rejected the CCJ. Mr. Ramotar should take note that in every country where there was a referendum on the CCJ replacing the Privy Council, the people voted to retain ties with the Privy Council. That is not a coincidence. The four countries that subscribe to the CCJ should also hold a referendum to find out if people have confidence in the CCJ.
The people of the Caribbean simply don’t have confidence in the CCJ, and they see the CCJ as the seed of their destruction. I traveled around the region and conducted surveys on the CCJ. The people view the CCJ as “politicized” – not free from political influence. In fact, people feel that several court rulings were influenced by “politics” – especially cases where governments were a party to a case or conflict.
The people of Grenada and Antigua voted democratically earlier this month to reject the CCJ; Grenadians also rejected the CCJ a few years ago in another referendum. Mr. Ramotar, when he was President, should have held a referendum on whether to accept the CCJ or the Privy Council as his fellow Caricom colleagues did. Prime Minister Gaston Browne of Antigua promised a referendum and he honoured his word. Prime Minister Dr. Keith Mitchell promised a referendum five years ago on the CCJ and kept his word. He did so earlier this year and again kept his word. Prime Minister Ralph Gonsalves promised a referendum and held it. The people of St Vincent rejected the CCJ a few years ago. As his colleagues did, Mr. Ramotar should have held a referendum on whether Guyanese should have the CCJ or Privy Council. There is no law preventing Guyana’s return to the Privy Council. Let the people decide on critical important constitutional matters like how they will be governed and their final court of appeal.
Mr. Ramotar should travel around Guyana and ask people for their views on the CCJ and also about himself (how they viewed him as President and former President) – he would be shocked to learn what the people think of him and the CCJ.
Yours faithfully,
Dr. Vishnu Bisram