The CCJ will not come on stream as quickly as anticipated

Jun 09, 2012 Letters

DEAR EDITOR,
It seems as if it will take a longer time for Jamaica and Trinidad and Tobago to accept the Caribbean Court of Justice (CCJ) as the final court. I was optimistic after receiving word that these two large Caribbean Community countries would have officially announced their intention of joining in August on their 50th anniversary of independence, but my hopes have been shattered recently.
Jamaica’s Opposition leader, Andrew Holness, who is also the leader of the Jamaica Labour Party (JLP), in his Budget presentation on May 31, said he will not support the efforts to develop the CCJ unless poverty can be alleviated. He also indicated that he will not be in favour of the move to remove the Queen as Head of the country. This is indeed a very unfortunate statement, coming at a time when the country is celebrating its golden anniversary of independence.
The Constitution requires two-thirds majority to get rid of the British Privy Council as the final appellate court, and therefore the governing People’s National Party (PNP) under the leadership of Portia Simpson would be unable to do so. It seems as if the JLP has always been wavering on the issue, and it would be remembered that under the JLP administration, Jamaica pulled out of the federation.
Holness should reconsider his stand, since Jamaica is financially contributing the most and is getting absolutely no benefit from the Court as far as appeals. I should point out that the CCJ has two jurisdictions; the original which deals with Treaties and interpretation of Statutes and the other which deals with Appeals, which requires Constitutional amendments before it can be adopted.
Trinidad and Tobago Prime Minister Kamla Persad-Bissessar recently announced that she was in favour of the twin-island republic removing the Privy Council as the final appellate court, only as far as criminal appeals. This I find is not the best way to go and she should abolish all appeals to the London-based Court. Her statement did not find favour with Opposition leader, Keith Rowley, who said that he would not support the half-way measure. I am surprised at Persad-Bissessar since her mentor, Basdeo Panday, was very enthusiastic about the Court, hence the reason why it is headquartered in Port of Spain.
The CCJ was inaugurated seven years ago, and so far only three countries – Guyana, Barbados and Belize – have severed ties with the Privy Council.
Most of the Eastern Caribbean States are interested in joining the CCJ, but they require constitutional amendments and they are somewhat reluctant to make the move. St. Vincent and the Grenadines had a referendum to amend their Constitution, which was defeated, but my view is that it was not successful because the measure was not only on the Privy Council, but it was laced with other issues such as removing the Queen as the Head of the country.
Oscar Ramjeet

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The CCJ will not come on stream as quickly as anticipated

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