…CCJ President tells local business community

PRESIDENT of the Caribbean Court of Justice, Adrian Saunders has urged the local private sector to tap into the judicial services provided by the CCJ to ensure their rights under the Revised Treaty of Chaguaramas (RTC) are protected.

Speaking at a Guyana Manufacturing and Services Association (GMSA) Business Luncheon at the Pegasus on Thursday, Justice Saunders said only a few companies and individuals have taken their cases to the CCJ under the RTC despite the provisions catered for under Article 222.

He said the CSME, which was established on the RTC, fully recognises “the potential of micro, small and medium enterprises to contribute to the expansion and viability of national economies of the Community and the importance of large enterprises for achieving economies of scale in the production process”.

As the guardian of the Treaty, the CCJ is crucial to the success and survival of the free trade area, Justice Saunders said. “The CSME rests upon the principle that the free movement of capital, people, services and enterprise between CARICOM states, will lead to a situation in which various contributors in the economic sphere, can maximise their talents and resources, thereby leading to greater efficiency and increased profits and prosperity throughout the region. This single economic space will create investment opportunities, for companies and businesses.

“The CCJ through its interpretation and application of the RTC is therefore the hub around which the CSME would develop into a rule-based system that citizens, companies, investors etc. may make reference to in order to determine their rights and responsibilities under the RTC,” he told those present.

Pointing to the case “Trinidad Cement Limited (TCL) and TCL Guyana Ltd v The State of the Co-operative Republic of Guyana (2009),” Justice Saunders said the court, in its interpretation of the RTC, has been very progressive in recognising the rights of private business entities in the original jurisdiction.

Once certain criteria under Article 222 of the RTC are met, he said companies and individuals are free to seek a remedy for any prejudices to their rights under the Revised Treaty. However, the CCJ President said he is saddened that more private entities have not taken the mantle to help the court further develop its original jurisdiction.

“The rights conferred by the Treaty are designed to enable greater intra-regional trade and international trade, all geared towards creating a stronger Caribbean economy which directly affects and benefits the persons in this room. A number of claims can be derived from the RTC. For example, the inability to sell goods in another member’s state or unfair trading practices or issues related to regional exportation such as of import licenses restrictions,” the CCJ President pointed out.

Turning his attention to the future outlook of the country, Justice Saunders said Guyana is well positioned for serious economic take-off as he alluded to its wealth of resources including oil and gas. And while the country could very well become the envy of the region, he said the country would require prudent management of its resources to ensure that the development is felt at all strata of society. “That progress can be significantly enhanced with good governance and faithful adherence to the rule of law. The rule of law in this sense implies legal accountability, fairness, respect for minorities, the observance of human rights, judicial independence, the separation of the powers, equality before the law and the absence of arbitrariness,” the CCJ President said.

At the level of the CCJ, appropriate standards must be set in treating matters that are likely to arise. “…the courts will have a special responsibility to ensure equality of treatment. Adherence to the rule of law will increase business confidence, attract investments and ensure respect for and enforcement of property rights and freedoms.”
GMSA President Shyam Nokta said, in recent times, Guyanese have been paying close attention to the work of the CCJ and its decisions. He noted that judicial independence and judicial expediency are crucial to national development, and for these and other reasons the CCJ becomes very important.

“By providing a second tier of appeals, the CCJ, since its establishment, has played an important role in upholding the rule of law,” he posited.

Apart from the case involving the TCL, Nokta pointed to the case involving RUDISA Beverages of Suriname and the Government, noting that in addition to addressing the issue of the Environmental Tax, it brought into focus the rules of the CSME. Like, Justice Saunders, the GMSA President said the CSME is designed to facilitate free trade; however, it is a work in progress. He said access to some markets within the region has proven to be challenging.

Former Presidents, Donald Ramotar and Samuel Hinds; Attorney General and Legal Affairs Minister, Basil Williams; Minister of Public Security, Khemraj Ramjattan; Minister of Public Telecommunications Catherine Hughes; and former Minister of Culture, Youth and Sport, Dr. Frank Anthony were among the officials present.