ON Wednesday, the Government of Guyana signed a Memorandum of Understanding with the University College of the Caribbean and Law College of the Americas in a public-private partnership to establish a law school here. This partnership will see government owning 30 percent of shares and providing only the land to build the school, while the private interest will cover all the costs and hold the remaining 70 percent.
The proposed Joseph Oscar Fitzclarence (J.O.F) Haynes school, named in honour of Guyana’s famed and respected legal mind, who served as Chancellor of the Judiciary,has attracted mixed reviews.
Though Guyana does not possess the largest population in the Caribbean Community (CARICOM), it plays a major role in establishing institutions in the body. One such is the Caribbean Court of Justice, which is expected to make decisions, guided by international laws and precedents, and influenced by the Region’s cultural development.
Speaking about the necessity for the school, Attorney General and Minister of Legal Affairs, Basil Williams, presented some of what may have influenced the Government’s decision. This includes what is said to be more than 1000 graduates of the Bachelors of Law (LLB) degree from the University of Guyana who are still unable to pursue the Legal Education Certificate.
Upon successful completion of this certificate one can practise in the courts. The issue of the quota system at the Hugh Wooding Law School, as Guyana continues to churn out more LLB graduates than what is allotted it, continues to adversely impact our graduates. Apparently there has not been much success in arriving at an arrangement of mutual satisfaction on this issue.
In the meantime, the benefit that can be derived from J.O.F Haynes is that of preparing an increasing amount of minds to help the society in pursuing a democratic path. While all may not practise in the courts, they can provide other critical services. Some of these include serving as researchers to prepare cases, refine arguments, and challenge opinions in influencing decisions that could bring about progressive changes for society.
On the other hand, there exists the view that there are too many lawyers relative to the population size. With the many violations of laws and transgressing of citizens’ rights the more trained in law and are prepared to fearlessly stand up in defence of it, such practice would bring about greater understanding and awareness among the wider society, including within the police force that has responsibility to serve and protect.
In the workplace, relationships between employer and employees have become more complex and require greater understanding and application of laws, conventions, charters and agreements. Navigating these can be problematic, particularly where ignorance exists. Institutions such as trade unions may require its leadership being more au fait with the nuances of the law in aiding proper representation of its membership.
Thus, the issue of having more lawyers is not only about representation in a court, but seeking to protect citizens’ rights, be it at home, in the workplace, or on the streets. J.O.F Haynes is the fourth within CARICOM and brings with it certain advantages. At the market level, Guyana will provide students a comparatively lower tuition fee.
Housing and maintenance also will be lower relative to the other three countries where similar schools exist. These factors will give a competitive advantage in attracting students even from outside of the Caribbean, who wish to qualify to practise in the Region.
Looking at this issue though through regional lens, it is bound to attract attention in some quarters as to whether four law schools conflict with the dreams of the CARICOM Founding Fathers and the objectives of the movement. While undoubtedly opportunities and market benefits cannot be disputed, attention will be attracted to two key points.
On one hand, what does it mean for maintaining the movement in the sense of the benefits to be derived from a collective approach as against singularly. Conversely, the impression may be presented that CARICOM leaders have been unable to uphold the ideals of its formation and existence by working as a cohesive unit and resolving challenges, faced from time to time, to the mutual benefit of the territories.
Though all of the above and more will percolate minds — by ordinary folk and within the corridors of influence and power– the school is being established. As a people, domestic and regional, expectations will be held that the intellectual growth and development of the society can be fulfilled, likewise as our needed relationship within CARICOM and the member states.