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This country’s head of government, whoever the Prime Minister, has had for some years now, the lead role among Caribbean Community heads of government for arrangements to bring into force the Caribbean Single Market and Economy (CSME).
It is, therefore, good to know that Barbados has taken the lead among CARICOM governments in ensuring bi-partisan parliamentary support for the CCJ, as well as related legislation to terminate dependency on the Judicial Committee of the Privy Council in London. It is an historic, positive development.
The CCJ, which is to have original jurisdiction in interpretation of disputes arising from application of the CARICOM Treaty, is to be the subject of a debate in the Jamaica Senate on a resolution tabled by the Attorney-General. The debate was postponed from last Friday.
With all governments of the Community on board for the launch of the CCJ, passage of legislation for the functioning of the regional court is a legislative agenda item they are expected to vigorously pursue during the course of this year.
In addition to parliamentary approval for the CCJ being empowered with original jurisdiction on CSME issues, some governments would still have to enact legislation, as Barbados has done, for constitutional amendments to entrenched clauses to make the CCJ functional as a replacement for the Privy Council.
While there has been growing support for the CCJ, there nevertheless remain reservations among some national bar associations, human rights and other civic organisations that feel creation of the regional court should have first been referred to a referendum to ascertain the will of the people.
Civic organisations in Jamaica, for instance, were quite vocal last week ahead of a scheduled Senate debate on the Attorney-General’s resolution that now has been fixed for this week.
Here in Barbados, the General Secretary of the Barbados Workers Union, Sir Roy Trotman, while being emphatic in his support for the CCJ legislation, also expressed the view that a referendum should have been held on the issue.
That, of course, is now of academic interest in relation to Barbados. Nor will it be an issue for Guyana, which long ago severed links with the Privy Council, though for different reasons at a different political phase.
But it may not be that straightforward for a number of other governments, among them Jamaica, Trinidad and Tobago and some within the OECS sub-region in securing bipartisan approval for constitutional amendments to have the CCJ as their final appellate court.
(Reprinted from Tuesday’s Barbados Nation)