Latest update June 13th, 2026 12:40 AM
CCJ agreement should be amended to enforce judgment
DEAR EDITOR,
Caribbean nationals were surprised to learn last week that there is no mechanism to enforce all judgments made by the Caribbean Court of Justice (CCJ). This surprise disclosure was made by a judge of the CCJ, Ralston Nelson, when he addressed broadcasters in Jamaica.
This means that the B$77,240 judgment obtained by the young Jamaican woman, Shanique Myrie, against the Barbados government for wrongfully denying her entry in the country, and for an illegal cavity search by immigration officers, might encounter some problems before she can reap the fruits of the award.
Justice Nelson said that there is no power in the national laws for a CCJ Order to be treated as a national order. My humble suggestion is that the Agreement establishing the CCJ should be amended to make CCJ judgments in its original jurisdiction be enforceable as judgments in the Appellate jurisdiction. I am amazed that the powers to be did not see the wisdom to include this clause when drafting the agreement.
The CCJ judge explained to broadcasters that there are several regional integration treaties that do not have coercive power to enforce their judgments. However, legal experts feel that there are powerful reasons to impel a judgment debtor on the Original Jurisdiction to comply with a CCJ judgment.
Investigations revealed that save and except for the Myrie case, all the other orders have been complied with. Barbados is a country which observes Rule of Law and one wonders why there is a delay in honoring an Order from the highest court of the land.
Myrie is a Jamaican national, and Jamaica has not joined the CCJ in its appellate jurisdiction, but she was entitled to move to the CCJ in its original court which she did successfully. Only three countries, Guyana, Barbados and Belize have abolished appeals from the Privy Council and accepted the CCJ as the final appellate court.
Oscar Ramjeet
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