Caribbean Leaders must give their wholehearted support to the CCJ

Political independence for a people means the departure from all vestiges

of colonial control, and the creation of a nation state, where they have the right of self-determination. Further, it is about being in charge of their own affairs, thereby determining their own destiny.  Therefore, it is about the adoption of those well known symbols of nationhood: a flag, and national anthem, for example; and the creation of institutions that will fashion a course of political, social, economic, and cultural independence. Out of this new creation, the sovereignty of the people will become established.
Is this fact of being politically independent fully understood by the people of the English-speaking Caribbean? It is now 50 years since the first two islands of the Caribbean became independent, with this process being completed for the accession of the 12 other islands by the mid-1980s, to this very important milestone of nationhood. There is even the very significant regional integration movement of CARICOM, to which all the independent, English-speaking islands are full members. Added to this important grouping is Guyana, a founding member; Haiti, and Suriname – the latter two States becoming later members.
The regional integration must be given credit for the fashioning of institutions that define its existence, and which seek to advance the cause of regionalism, with a common purpose and outlook for the people that are its reason for existence.
But what purpose does regional integration among Caribbean island states serve, when their respective island judicial systems do not finally decide matters? It has to be the greatest contradiction of modern Caribbean political development, even with a regional movement that has advanced to a Single Market and Economy, that there is still reluctance by most member states to accede to the very important judicial institution of the Caribbean Court of Justice(CCJ), that is essentially indispensable to the proper functioning of this current stage of regional movement.
It is well known that the desire for a Caribbean Court of Appeal, or a court of last resort  was first mentioned  by the Commonwealth Caribbean Bar Association in 1970. This idea was further sanctioned at the Sixth Meeting of Regional Heads, when they agreed that the Judicial Privy Council be replaced with regional court of last resort.
Sadly, it is now eight years since the CCJ has been inaugurated; but only three member states of the Regional Movement are members. Astonishing, to say the least, especially when one takes into account the many half-hearted statements, that are, a disguise and a willful negativism against this institution. How must one interpret a regional head, promising that her island state will no longer be sending criminal matters to the Privy Council, but will be forwarding those that pertain to civil matters? The reality is that the latter cases are still being forwarded for decision-making. Even the convincing promise from the Jamaican Government, of acquiring  membership has been just a promise! Of course, this island had complained about the absence of a Jamaican judge from the CCJ. But since that has been remedied, the island’s absence has continued; so has other islands – where there are plans to hold referenda to determine whether to accept this regional judicial body as their final appellate court.
This is an indictment of the self-doubt mentality, and even the belief that Caribbean jurisprudence is not competent in determining matters within the regional jurisdiction. There is no doubt that this attitude permeates the general attitude of Caribbean leaders, and sad to say–some legal minds. This is an insult to a collective that has produced some of the very finest legal minds. The eminent brilliance of Sir Hugh Wooding; Sir Isaac Hyatali; Sir Herbert Duffus; the great Telesford Georges, the famous Luckhoos of Guyana, especially Sir Lionel Luckhoo, who according to the Guiness book of records, held the world record for the most consecutive successful legal appeals, the scholarly late Professor Aubrey Bishop, and easily the most brilliant jurist of his era, J.O.F. Haynes. All these great jurists, long departed, and others, both deceased and alive, have laid the foundation for what is indeed a firm credible volume of regional jurisprudence. It explains why the region’s Law Schools are producing attorneys of very high quality, with many of them succeeding to leadership positions in their respective islands.
How can the region still lay claim to political independence, when its legal decisions are still being decided in the far away capital of its former colonial master? Was it not embarrassing some years ago, when an English jurist opined that it was right for the region to be able to adjudicate its own legal cases? One is certain that such a statement is well remembered by especially regional leaders and jurists.
It is time that the Region’s leaders and their governments invest full faith in its own legal competence, many of which decisions have compared favourably with those decided by the Privy Council.
Regional leaders must support their institutions.

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