CCJ CAUGHT IN TRINIS' POLICE BILLS CROSSFIRE
-- Guyana-Jamaica approach
RICKEY SINGH COLUMN
Guyana Chronicle
June 20, 2004
IN THE 15-member Caribbean Community the troika of states with the unenviable rating as major crime centres - other than, of course, crisis-plagued Haiti - are Jamaica, Trinidad and Tobago and Guyana, quite likely in that order.
However, in contrast to official policy being pursued in Jamaica and Guyana, the Trinidad and Tobago Government has taken a controversial initiative to replace the constitutionally enshrined Police Service Commission (PSC) with a proposed Police Management Authority (PMA).
Prime Minister Patrick Manning and his National Security Minister, Martin Joseph, in arguing the case for the police reform bills now before the country's parliament, have been emphasising that replacing the PSC with a proposed empowered PMA, would enable the authorities to more effectively battle the criminals who have so seriously tarnished the image of that twin-island state.
A fall-out of this proposed legislative course is that Trinidad and Tobago may not now be among the four CARICOM states identified as the initial members of the Caribbean Court of Justice (CCJ).
Reason is that a two-thirds parliamentary majority is required for amendments to constitutional provisions to replace the PSC with the PMA.
However, a reading of the political scenario last week, showed that level of support may not be forthcoming for the scheduled Senate debate on June 29 either from the opposition United National Congress (UNC) or some six of the Independent Senators to guarantee approval.
While the CCJ - which is integral to the process of the Caribbean Single Market and Economy (CSME) in its original jurisdiction - is now enmeshed in crossfire politicking between the opposition UNC and the governing People's National Movement (PNM) - Guyana and Jamaica have reaffirmed commitment to steer clear of any move to interfere with the PSC's jurisdiction.
Both, nevertheless, insist on maintaining a distinction between "operational control" of the Police Force by the Commissioner of Police and "control of policy" as it relates to national security and the functioning of the Police Force.
That, basically, according to separate telephone conversations I had last week with Jamaica's National Security Minister, Peter Phillips and Guyana's Home Affairs Minister Ronald Gajraj - the latter involved with his own local controversy over killings of criminal elements by a phantom death squad.
Minimum Trio
It may not be evident to some opponents and supporters of the controversial police reform bills before the Trinidad and Tobago parliament, but unless there is a sudden change of heart to break a current government-opposition impasse, that country would not be joining Guyana, Jamaica and Barbados in having access to the CCJ in both its original and appellate jurisdiction when it comes on stream, as expected by November this year.
All CARICOM states of the anglophone Caribbean are expected to be members of the CCJ in relation to its original jurisdiction in interpretation of the Community Treaty in resolving disputes.
Only those countries that succeed in obtaining constitutional authority, with either a required two-thirds parliamentary majority - as well as a national referendum in a few cases - can access the CCJ as both a court of original jurisdiction and as the final appellate institution to replace appeals to the Judicial Committee of the Privy Council in London.
A minimum of three signatories is required to enable the inauguration of the CCJ to have both an original jurisdiction and as a final court of appeal in place of the Privy Council.
Guyana has long abolished access to the Privy Council, and Barbados and Jamaica are in the process of finalising legal arrangements to be able to access the CCJ as their court of last resort.
In the particular case of Trinidad and Tobago, it seems to be heading for the embarrassing situation of no longer being part of the original quartet of states to have the CCJ replace the Privy Council, while Port-of-Spain will be the court's operational headquarters by virtue of an earlier agreement among CARICOM partners.
The Prime Minister of St. Lucia, Kenny Anthony, who has lead responsibility among Community leaders for Governance and Justice, holds the view that the emerging regional court should not be "consumed in partisan political warfare" as it would be integrally associated with the region's political sovereignty and the development of a West Indian jurisprudence.
Anthony would have a problem trying to persuade the Opposition Leaders of both Trinidad and Tobago (Basdeo Panday) and Jamaica (Edward Seaga) to his point of view, in the face of current domestic party politics in those countries.
Mr. Seaga's Jamaica Labour Party is currently facing defeat in its latest battle, through the courts, to prevent the government of Prime Minister P. J. Patterson from securing parliament's approval of legislation for the country to be a founding member of the CCJ both in its original and appellate jurisdiction.
Wider Vision
The Patterson government remains confident that the legal roadblocks will soon be cleared for it to complete all relevant arrangements for the CCJ to replace the Privy Council as its final court of appeal.
What may stand in favour of those opposing the legislation for police reforms in Trinidad and Tobago, among Independent Senators, social commentators and members of the legal profession, is that so far as the proposed Constitution (Amendment) Bill, 2003 is concerned, there is NO known precedent in the Caribbean region for a government abolishing the Police Service Commission (PSC) as part of any new anti-crime initiative.
Opponents of the bills would have been fortified in their contention that scrapping the Police Service Commission with a more "politically correct" Police Management Authority was unnecessary in the fight against crime, as firmly stated last week by retired Police Commissioner Jules Bernard.
In the case of Jamaica, National Security Minister Phillips was emphatic: "We certainly have no intention in displacing the Police Service Commission.
"We are, however, looking at ways how to ensure greater levels of accountability and transparency in the operations of the Force and are considering examples as they exist in the United Kingdom and Canada. For instance, the UK experience with both a Service Commission and a Police Authority with different functions..."
In terms of a wider vision against tinkering with a nation's constitution on an ad hoc or expedient basis, a report on 'Vulnerability of Small States in the Global Society' that was made available some 21 years ago, has some observations and recommendations relevant to the current debate here on the police reform bills and creation of a Police Management Authority.
The report by a Commonwealth Study Group of eminent persons, headed by the distinguished West Indian jurist Telford Georges, and including the former Foreign Minister and Attorney General of Barbados, Henry Forde, had addressed concerns about the abuse of power at the domestic level.
One of the significant recommendations called for Caribbean and other Commonwealth governments to guard against the abuse of political power by establishing, where appropriate, regional mechanisms such as regional elections commissions and service commissions to deal with key judicial, administrative and/or security posts.