Caribbean Court of Justice--
The observation was made at a forum at Le Meridien Pegasus Hotel in Georgetown last week to sensitise the public about the proposed Caribbean Court of Justice (CCJ) and to garner support for its implementation.
The CCJ is to be established this month if it receives a 75 per cent consensus among CARICOM territories. Guyana already has signalled its intention of signing the agreement.
The forum further emphasised that with the emerging trends of globalisation and trade liberalisation, it is imperative that the Caribbean has its own jurisprudence.
The idea for the establishment of a West Indian Court of Appeal to replace the Judicial Committee of Privy Council was mooted nearly 54 years ago at a meeting of West Indian Governors. A proposal for a Caribbean Court of Appeal was advanced by a Jamaican delegation which tabled a resolution at the Sixth Meeting of Heads of Government of the Caribbean, held then in Kingston, Jamaica.
At the Tenth Meeting of the Conference in 1989, it was reported that satisfactory progress was being made in the efforts to establish the Court as well as a Regional Judicial Service Commission.
Addressing participants at the forum of January 24, 2001, were Mr Charles Ramson, Attorney General and Minister of Legal Affairs, Guyana; Mr Petrus Compton, AG, Saint Lucia; Senator A.J. Nicholson, AG, Jamaica and Deputy Chairman of the Preparatory Committee for the establishment of the CCJ; Mr Lawrence Joseph, AG, Grenada and former President of the Court of Appeal of Jamaica.
Mr Carl Rattray, who heads the CARICOM election observer mission to Guyana to oversee preparations for the scheduled March 19 elections and the elections proper, was present. He was invited to make brief remarks.
The forum was organised by the Caribbean Community (CARICOM) Secretariat in collaboration with the Government of Guyana.
Giving an overview of the project, the Jamaican Attorney General pointed out that the CCJ is the proposed regional judicial tribunal to be established by the agreement.
In 1970, an idea was mooted for a Caribbean Court of Appeal to replace the Judicial Committee of the Privy Council (JCPC).
The CCJ, which will be headquartered in Trinidad and Tobago, is open to all member states and other regional territories. It has been designed to be more than a Court of last resort for member states of CARICOM, as, in addition to replacing the JCPC, it would function as both an appellate and an original jurisdiction.
It will comprise nine members, four of whom will be appointed on the recommendations of the legal fraternity; two will be chairpersons of national judicial service commissions; one will be a chairperson of a national public service commission; another will be the Secretary-General or his Deputy and the last member will be the President of the Court.
The judges will be recruited from within the Caribbean region and the Commonwealth and their selection will be by institutions of civil society and independent governments.
They will be appointed by the Commission and can only be dismissed on the recommendation of the Commission, on the advice of a tribunal established for such a purpose.
The approach taken for the selection and removal of the judges is to ensure that the process is free from political manipulation.
It was, however, pointed out that CARICOM is perhaps the only integration movement where the appointment of judges is not by the political directorate.
However, the President of the CCJ will be appointed by the Heads of Government on the recommendation of the Commission. His removal will be only on the recommendation of the Commission acting on the advice of a tribunal for that purpose.
As an appellate jurisdiction, the CCJ will be required to consider and determine appeals in both civil and criminal matters, from common law Courts within the jurisdictions of member states of CARICOM and which are parties to the Agreement Establishing the CCJ.
And as an original Court it will discharge the functions of an international tribunal by applying rules of international law in accordance with the Treaty.
The latter functions will be similar to those of the European Court of Justice; the European Court of First Instance, the Andean Court of Justice and the International Court of Justice.
The CCJ will also play a critical role in regulating the CARICOM Single Market (CSME) thus providing an opportunity for freer movement of people, goods, services and capital throughout the region.
CARICOM governments have agreed that for the five years of the operation of the CCj, Ministers of Finance will provide funding to defray recurrent costs of the Court.
Also, during the initial period, a Trust Fund will be established, and will be administered by the Caribbean Development Bank (CDB).
Sections of the international donor community have indicated their interest in contributing to the Fund.
There is provision that will deny any member state that does not meet its financial obligation from accessing the services of the Court. However, it will not be applied to individuals of these delinquent member states.
And since the CCJ will be the highest Court of Appeal, where necessary, it will reverse decisions made in local Courts.
Also, as part of the judicial process, member states are required to take legislative steps to ensure that all judgements delivered by the CCJ are enforced.
In addition, the principle of non-discrimination is fundamental to the Treaty as revised by the protocols.
In applying such instruments, the CCJ will ensure that no one is discriminated against and that the provisions of the Treaty are respected.
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