I am afraid that Mr Hussain will have to endure a much more “prolonged silence”

Jul 16, 2019 Letters

DEAR EDITOR,

Yesterday’s Kaieteur News carries a letter from Zamal Hussain, commenting on the CCJ’s recent ruling on Guyana’s political impasse, in which Mr Hussain makes the following statement:
“The most troubling and worrisome consequence that is prevalent is the prolonged silence of Caricom, that is a clear indication that Caricom is tolerating the APNU/AFC Coalition Government disrespect and disregard for the constitution.”
I am not sure how Mr Hussain reaches this conclusion, but the first thing he needs to do is to understand the difference between Caricom and the Caribbean Court of Justice (CCJ).
Caricom is not a political union. It is basically a trading agreement the purpose of which is to deepen the economic integration of the Caribbean countries. There is nothing in the Treaty of Chaguaramas, which established Caricom, about the political structure or policies of any of the participating countries.
There was once a political union, before the establishment of Caricom, called the Federation of the West Indies. Guyana, however, did not join that political federation. The Federation collapsed when Jamaica withdrew and Eric Williams, the PM of Trinidad and Tobago made his famous satirical statement that “One from ten leaves nought”, before withdrawing Trinidad as well.
Out of the shambles that was left after the collapse of the Federation we finally got a mainly economic partnership, the Caribbean Community. The Treaty of Chaguaramas has NO provision for the Community to make any pronouncements on the political mess that a country like Guyana can produce.
The CCJ was later established as the adjudicator in any disputes over the operation of the Treaty of Chaguaramas, the basis of Caricom. This is termed “the original jurisdiction” of the CCJ. There is also “the appellate jurisdiction” of the CCJ, which is to be the court of final appeal of any Caricom state which no longer wants to have the British Privy Council as its final court of appeal. So far only Belize, Dominica, Barbados and Guyana have made the CCJ their final court of appeal. (Haiti and Suriname, not being former British colonies, never had the Privy Council).
How then can Caricom, a trading body which has no political or judicial oversight in relation to Guyana, and the majority of whose members have not been willing to have the CCJ as their final court of appeal, now presume to make a pronouncement on what Guyana should or should not do in relation to a ruling of the CCJ?
I am afraid that Mr Hussain will have to endure a much more “prolonged silence” on the part of Caricom. While the members might discuss the situation in camera during a Caricom Heads of Government meeting, it is very unlikely that there will be any official communiqué on this matter.
Pat Robinson Commissiong

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