CARICOM 'resolute' behind CCJ
By Chamanlall Naipaul
Guyana Chronicle
December 10, 2003
THE CARICOM Secretariat in light of the rescheduling of the inauguration of the Caribbean Court of Justice (CCJ) and perceptions that the resolve to establish the court has dampened, has given the assurance that Heads of Government have not lost any resoluteness in the establishment of the CCJ.
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Policy Coordinator of the CCJ, Mr. Sheldon McDonald, at a press conference yesterday at CARICOM's Bank of Guyana Headquarters, gave this assurance pointing out that the delayed inauguration is as a result of requests for time by the bodies involved in the preparatory work to carry out their tasks more optimally.
Rejecting any notion of lethargy in the process of establishing the regional court, McDonald explained that both the Regional Judicial and Legal Services Commission and the Board of Trustees have requested more time to complete the tasks assigned to them. Giving an example to demonstrate the expeditious manner in which work related to the establishment of the CCJ is proceeding, McDonald noted that the terms and conditions of employment of the President of the Regional Judicial and Legal Commission were approved within seven days.
The current President of the Commission is Sir David Simmons and according to a release from the Commission it has been "proceeding expeditiously to carry out its responsibilities under the Treaty Establishing the Caribbean Court of Justice."
The Commission added that since its appointment it has met every month making considerable progress and has been engaged in the necessary preparatory work for the appointment of judges, officials and staff of the CCJ.
The tasks of the Commission in relation to the preparatory work include recruitment of essential staff, preparation of budgets, preparing job descriptions for staff of the Court and drafting the CCJ (Seal) regulations and perusing the draft regulations of the Commission among others.
One area of concern McDonald noted was that many member states have not yet completed the necessary legislative enactments to transform the Treaty into local law and to enact the general appellate jurisdiction of the CCJ.
However, at its November 14 last meeting the Commission was informed that Belize and Guyana are taking active steps to complete constitutional requirements before the end of this year. Barbados and Suriname have enacted domestic legislation in 2003.
Responding to a question of possible political interference in the work of the CCJ, McDonald categorically rejected any such interference pointing out that it is the only such court where governments indirectly or directly will not be involved in making appointments or managing its finances. He added that this innovation has won commendation from reputable international organizations and legal practitioners.
McDonald explained that the Regional Judicial and Legal Services Commission is responsible for appointment of staff of the CCJ and the US$100M Trust Fund acquired from the Caribbean Development Bank (CDB) for financing the operations of the Court will be managed by the Board of Trustees which comprises reputable representatives from financial institutions in the Caribbean.
As regards the tardy manner the judicial system in some member states operates, McDonald expressed the view that the functioning of the CCJ would have a positive impact on the judicial systems in member States.
Consultant to the Policy Coordinating Unit of the CCJ, Ronald Burch-Smith, opined that the delays in criminal justice in CARICOM states not intentional but is caused more by a lack of financial resources which have to be shared with other essential sectors such as health and education. He also stressed the need for the media not only to highlight the negatives as regard the establishment of the CCJ and the Caribbean Single Market and Economy, but to also inform the public of positive developments.
According to CARICOM: "The creation of a new Court is one of the most fundamental and important decisions for a State. For the Caribbean Community states, it is the most dynamic step in securing their sovereignty and undoubtedly preserving the Rights of their citizens. Furthermore, with the advancement of the regional integration movement and by extension the thrust towards the creation of a single market and economy, there are certain attendant rights and corresponding obligations placed upon both state and citizen. It is therefore necessary for a regional judicial institution to authoritatively and definitively pronounce on those rights and obligations."