Confidence growing in Caribbean Court
Guest editorial
Guyana Chronicle
March 20, 2003

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IT IS good news indeed to learn from the Caribbean Community Secretariat that public support has been increasing, across the region, for the Caribbean Court of Justice (CCJ), which is scheduled to be inaugurated in the latter half of this year.

Given the original crescendo of emotional criticisms, with expressed fears of the CCJ being a so-called "hangman's court", we have indeed come a far way in the projection of a positive attitude towards this regional appellate institution.

According to the CARICOM Secretariat, public support has grown from 68 per cent in 2000 to some 80 per cent by the end of last year.

And Sheldon McDonald, CCJ Project Coordinator, has emphasised that all member states of the Community are now united in their support for the regional court.

The CCJ, which is to have original jurisdiction in resolving intra-regional disputes arising from interpretation of the new CARICOM Treaty under which it is being established, will ultimately become the appellate court of last resort for Community states still linked to the Judicial Committee of the Privy Council in London.

In addition to Guyana, which abolished access to the Privy Council back in the 1970s, Barbados, Jamaica and Trinidad and Tobago are expected to be the four initial member countries for which the CCJ is to be their final appellate court.

For all the carping criticisms, even hostility from some quarters, the CCJ is the unavoidable institution in the forward process of deepening regional economic integration.

To start with, it has come to be recognised that without the CCJ, and in the absence of any other relevant mechanism, it would not be practical to operationalise the Caribbean Single Market and Economy (CSME).

And without a single economic space which the CSME will create, there will be serious and complicated problems in CARICOM's external trade and economic negotiations involving the European Union, World Trade Organisation and the emerging Free Trade Area of the Americas (FTAA).

Wrapped up with a bundle of rights for CARICOM nationals, including small vendors and big entrepreneurs, are non-discrimination and right of establishment in doing business in Community member states.

For any CARICOM member to violate stipulated rights -- about which citizens are to be educated -- means they can turn to the CCJ, as the only court to deal with such disputes, to ensure that justice is done.

Much care has been taken to guarantee the independence of the CCJ from political or any other negative external influence by the process laid down for appointment and dismissal of judges.

Its financial independence is also provided for with efforts now under way for a financing system through an independently administered Trust Fund.

The more the CARICOM Secretariat has to offer, therefore, in terms of public education about the CCJ, the better it should be for enhancing confidence in the regional court as an institution in the Community's service.
(Reprinted from Tuesday's 'Daily Nation' of Barbados)

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