Bringing the CCJ on board
Editorial
Guyana Chronicle
February 13, 2003

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FINALLY, there appears to be some significant progress in arrangements for the establishment of the Caribbean Court of Justice (CCJ) to be headquartered in Port-of-Spain.

And Caribbean Community Heads of Government should have before them this week, a report from the President of the Caribbean Development Bank (CDB), Dr Compton Bourne, that could well advance the process for the CCJ to come on stream in the second half of this year.

While the CARICOM Secretariat was working to ensure the required legal framework of the CCJ in member states of the Community, in collaboration with an inter-governmental Preparatory Committee, the CDB has been intensifying efforts to raise US$97 million on the regional/international money market to help in sustainable funding for the appellate institution.

Prime Minister Kenny Anthony, who has lead responsibility among CARICOM heads of government for Justice and Governance, has only recently urged a more pro-active approach in having in place the panel of judges to serve the CCJ.

To insulate the CCJ from political influence in its functioning, two important mechanisms have been approved: First, creation of a Regional Judicial and Legal Services Commission that will be responsible for appointment of all nine judges of the Court, as well as having the right to forward suggestions to heads of government when appointing the president of the institution.

Secondly, the money the CDB has been mandated to raise will be available for lending to member governments to meet their financial obligations to the CCJ.

This is to be done through an independently operated trust fund that will utilise interest generated from loans to contribute to the sustainable funding of the Court.

To judge from what the CDB’s President reported to a media briefing last week, he has been on the move to have the funding arrangements in place so that the region’s political directorate cannot have any reason to delay the inauguration process of the CCJ.

However, in advancing the funding mandate given the CDB by CARICOM leaders when they met in Guyana last July, Dr Bourne has been careful to ensure that there would be no negative consequences for the bank’s normal borrowings on the international market to finance development projects across the region.

He has been reassured that raising money for the CCJ would not create any difficulties for the CDB’s credit rating. Bourne is optimistic about getting the approval of the Bank’s board of directors at their meeting in Barbados on Friday to complete arrangements for the funding mandate from the CARICOM leaders. He is scheduled to meet with the Community heads in Port-of-Spain during their two-day Inter-Sessional Meeting that concludes on Saturday.

Optimism is, therefore, the order of the day for the CCJ whose time seems to have finally come.
(Reprinted from the ‘Barbados Nation’)

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