Encouraging signals for CCJ

If all goes according to current signals in Dominica and St. Lucia, then the

membership of the Port-of-Spain-based Caribbean Court of Justice (CCJ) could well increase by five, and possibly even six, before the dawn of 2014.
This rather optimistic development is based on a ruling last month by the Chief Justice of the Castries-based Eastern Caribbean Court of Appeal (ECCA), Janice Perreira, and separately, an initiative currently being pursued by the Prime Minister of Dominica, Roosevelt Skerrit, with the British Government.
In response to an opinion sought by St. Lucia’s Attorney- General, Phillip LaCorbiniere, the Chief Justice of the ECCA has ruled that the country’s Constitution “clearly contemplates and provides the freedom of St. Lucia to establish a court in common with other states or countries…”
Further, that St. Lucia was constitutionally empowered on its own to enact relevant legislation for such a course, and without being subjected to requirement of a national referendum.
Therefore, once such legislation is approved by the country’s parliament, the government can apply for membership of the CCJ  as its final appellate court, and bring an end to the prevailing colonial relationship with the Privy Council in London.
For his part, Prime Minister Skerrit, confident of his own parliament’s approval to terminate Dominica’s relationship with the Privy Council in favour of the CCJ, has already sent a letter to the British Government, outlining his government’s plans.
Once, therefore, both the governments in Castries and Roseau steadfastly move to cut the historical ties with the Privy Council, it should not be surprising that both St. Lucia and Dominica access membership of the CCJ, possibly before the end of 2013.
It is of significance that Secretary-General Erwin LaRocque of the Georgetown-based CARICOM Secretariat, has lost no time in welcoming both the ruling of the  ECCA and Prime Minister Skerrit’s initiative on accessing the CCJ.
The Dominica-born Secretary-General did more than that. He has pointed out that the ECCA’s ruling clearly paves the way for CARICOM states with similar provisions in their constitutions to end the dependence syndrome on the Privy Council in favour of acceptance of the appellate jurisdiction of the CCJ.
Once such initiatives are completed, it means that membership of the CCJ would move from the current trio of Barbados, Guyana and Belize to five, with St. Lucia and Dominica as new members, possibly before the dawn of 2014.
This development could prove a further impetus for the People’s Partnership Government of Prime Minister Kamla Persad-Bissessar to seek parliament’s approval for Trinidad and Tobago to also access membership of the CCJ.
In making such a move, it would be putting to the test the claim by the opposition People’s National Movement (PNM) that it also favours ending the old colonial relationship with the Privy Council.
Consequently, that would ensure more than the required  two-thirds majority for passage of relevant legislation in the House of Representatives for Trinidad and Tobago to be the expected sixth CARICOM state to access the CCJ as its final appellate court.
The CCJ already has original jurisdiction in dealing with trade disputes among member countries  of CARICOM. All of them continue  to make stipulated financial contributions for the operations of the CCJ in accordance with a standing agreement with the Caribbean Development Bank (CDB).

SHARE THIS ARTICLE :
Facebook
Twitter
WhatsApp
All our printed editions are available online
emblem3
Subscribe to the Guyana Chronicle.
Sign up to receive news and updates.
We respect your privacy.