Belize’s Supreme Court Just Struck Down A Law That Made Homosexuality Illegal

The country is the first former British colony in the Caribbean to strike down its colonial-era sodomy law, and it could boost LGBT rights throughout the region.

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Caleb Orozco, the main plaintiff in the case, told BuzzFeed News in an email that the Supreme Court ruled in his favor on privacy grounds, as well as under protections of “dignity, equality, and freedom of expression.” He added that the court also decided that protections in the Belizean constitution surrounding sex extend to sexual orientation.

Belize, a country of around 350,000 people on the Caribbean coast neighboring Mexico and Guatemala, has had the law in place since its days as a British colony. LGBT advocates are hopeful that the ruling could bolster efforts to eliminate similar laws in 10 other English-speaking countries in the Caribbean, which also have roots in their colonial past.

The written judgement in the case was not immediately available.

Another closely watched challenge in the region is in Jamaica, where attorney Maurice Tomlinson brought suit against the country’s law criminalizing homosexuality in December. Tomlinson has accused the country’s Supreme Court of “stack[ing] the deck” against his litigation by granting standing to conservative groups supporting the provision.

Tomlinson recently won a partial victory in a separate suit challenging laws in Belize and the country of Trinidad and Tobago that barred gay people from entering the country. The Caribbean Court of Justice, which has jurisdiction over the countries in the Caribbean Community, held that the laws were discriminatory and therefore unenforceable. But the court dismissed the suit as unnecessary because the countries weren’t actually blocking anyone from entry under the provision.

Speaking before the ruling on Belize’s homosexuality law was issued, Tomlinson told BuzzFeed News that a decision to strike down the provision could be “highly persuasive” to courts in other Caribbean nations where similar suits could be filed, and “the reasoning would be very important for my ongoing challenge to the Jamaican anti-sodomy law.”

Source: https://www.buzzfeed.com/lesterfeder/belizes-supreme-court-just-struck-down-a-law-that-made-homos?utm_term=.ft2BBdeJbJ#.ee2qqAkVmV

CCJ Decision

The high cost of preventing employees from unionising

Source: International Law Office Published Nov. 7, 2012

In October 2000 the Trade Unions and Employers' Organisations (Registration, Recognition and Status) Act came into force in Belize. The act is intended to provide protection to both employers and employees to freely associate and form employees' and employers' organisations to protect their respective rights. While the act is designed to protect these rights, in a society such as Belize, where employers' organisations are uncommon, little if any benefit is derived by employers from the act. On the contrary, an employee's constitutional right to freely associate is entrenched in the act, thereby creating a new cause of action against an employer that violates an employee's right to unionise.

The Supreme Court is given extensive powers to redress the violation of an employee's rights under the act by making such orders as it considers just and equitable. Redress may include an order for reinstatement of an employee, restoration of benefits and other advantages and payment of compensation. The list is by no means exhaustive; but unlike similar laws in other jurisdictions, the act provides no guidance as to how the Supreme Court should exercise its discretion in awarding compensation.

The first claim made under the act was filed by six former employees of Mayan King Limited. The claimants were banana workers on Mayan King's banana farms. According to them, they were spearheading the movement to unionise the workers at Mayan King and were dismissed as a result of their union activities.

The Supreme Court determined that the termination of the claimants constituted union busting and that they were each entitled to BZ$70,000 as compensation for violation of their respective constitutional rights. On appeal by Mayan King, the Court of Appeal agreed that the claim was in private law against an employer and so there was no violation of the claimants' constitutional rights. However, the Court of Appeal stated that the act created a new cause of action and awarded one year's salary and BZ$30,000 to each claimant as compensation for injury to their pride and feelings.

Mayan King appealed to the Caribbean Court of Justice and on July 6 2012 the court delivered its landmark decision. The Caribbean Court of Justice upheld the trial judge's finding that the claimants' termination constituted union busting. However, it considered that an award of BZ$30,000 to each claimant together with one year's salary was high, particularly since the claim was in private law. The Caribbean Court of Justice reduced the award to BZ$15,000 for each claimant. The court stated that:

"The aim of the award cannot be to enrich unjustly or arbitrarily a claimant with a bountiful windfall. Further, the degree of reprehensibility of the defendant's misconduct is to be considered more for its impact on the victim bearing in mind that the function of the civil law is ordinarily not to punish the defendant."

The BZ$15,000 award was described by the Caribbean Court of Justice as an award for distress and inconvenience. According to the court, the:

"dismissals entailed much more than ending an employment relationship. The dismissals were accompanied by the immediate expulsion of the claimants and their families from their homes... these dismissals justify awards to the Claimants for distress and inconvenience."

It appears, therefore, that the award was based on the particular facts of the case, and that such an award will not be merited in every case where a violation is established.

It was noted that the claimants' evidence to assess pecuniary loss was sparse and unsatisfactory. The losses should have been established by clear evidence, and in the absence of concrete testimony it was not open to the Court of Appeal to infer loss. The Caribbean Court of Justice took into account that the employees were paid fortnightly and so were entitled to two weeks' notice of their termination. A further two weeks was added since, on the facts of the case, the dismissals also entailed the claimants' finding new housing arrangements. The award of one year's compensation was therefore reduced to one month's wages. One claimant had adduced evidence that he was unemployed for a period of three months and so his compensation was increased to three months' wages.

While the decision of the Caribbean Court of Justice provides some guidance as to how the Supreme Court should in future determine compensation for violation of an employee's rights under the act, it is important to note that the compensation awarded to the claimants was largely affected by the particular facts of the case. This was not a case of simple dismissal, but had the added element of requiring the claimants to leave their homes on short notice. While the claimants did not in fact leave until thee months after their employment had been terminated, the Caribbean Court of Justice emphasised that the nature of the dismissal required them to find alternative accommodation within 24 hours and considered that this must have occasioned some mental distress

CCJ to hear first Belize appeal on Monday

by Global News Staff

Source: Caribbean News Now

Published on November 26, 2010

BELMOPAN, Belize -- The Caribbean Court of Justice (CCJ) will hear the first appeal from Belize on Monday, and it will be an appeal that has regional interest and perhaps will create Caribbean jurisprudence, since it involves misfeasance or alleged misconduct by government ministers.

The appeal was filed by two ex-ministers of government, Florencio Marin, Sr. and Joe Coye, after the current Dean Barrow administration took them to court for nearly a million dollars in damages as part of a misfeasance lawsuit.

The Belize government initiated the suit against the two former ministers for $924,056, which the attorney general claimed government had lost in the sale of 56 acres of land.

Former Chief Justice Abdul Conteh dismissed the government's case after he raised a technical question of whether the government was pursuing the right kind of claim against the former ministers.

The former chief justice ruled that the attorney general cannot file a misfeasance action in the Supreme Court, but could have pursued the route of filing a malfeasance claim for criminal sanctions in the Magistrate's Court.

The attorney general successfully appealed to the Belize Court of Appeal, which ordered that the Supreme Court hear and determine the case filed by the government.

The two former ministers then appealed to the CCJ, which has replaced the Privy Council as the final court for Belize.

The appellants’ attorneys, as well as lawyers for the respondents (the Belize government), had a pretrial hearing via teleconference.

The president of the CCJ, Michael de la Bastide, is reported in the Amandala newspaper as saying, "I think this is a matter of great public importance -- that is whether the members of a government which has replaced by another government are liable to be sued by the attorney general on behalf of the state for loss which they have allegedly caused the state by their misconduct -- or their misfeasance to use the technical word -- while they were in office."

"This is a matter that I am sure is not only of great importance (I would have thought) to the people of Belize, but indeed to the people of this region," he added.

He noted that a CCJ ruling "...would be describing what the law is finally for a least some of the countries in CARICOM" and particularly for Barbados and Guyana, which are the only other two nations to have accepted the CCJ's full appellate jurisdiction.

Four Belizean lawyers will travel to Port of Spain for Monday's hearing.

Dr Elson Kaseka and Magali Marin-Young are appearing for the ex-ministers, while Lois Young SC and senior crown counsel Nigel Hawke of Guyana will represent the attorney general of Belize.

It is understood that the entire panel will sit to hear this important appeal: President de la Bastide, Justices Jacob Wit, Desiree Bernard, Adrian Saunders and Rolston Nelson.

Belize to join Caribbean Court of Justice, leave colonial-era British Privy Council

Date Published May 11, 2010

Source - Associated Press

(AP) — The government of Belize says it will stop sending appeals cases to the colonial-era British Privy Council starting June 1.

The order announced by the office of Prime Minister Dean Barrow brings Belize's appeals processes into line with the country's constitution.

The Trinidad-based Caribbean Court of Justice will hear all Belize court appeals filed after May 31.

Barrow's office said Tuesday the change is "a major landmark" for the nation.

The London-based Privy Council long served as the highest court of appeal for many former British colonies. But many of those nations are removing themselves from the jurisdiction of the council, which is made up of members of Britain's House of Lords.

Commentary: Delay in joining CCJ is amazing
Published on Monday, March 22, 2010 By Oscar Ramjeet
Source: Caribbean Net News

As Belize is about to join the Caribbean Court of Justice (CCJ) as its final court, one of the seven judges and the Court Registrar visited the country and held discussions with local judges and explained the Rules and Procedure of the regional court with practising lawyers.

Their visit coincided with a farewell sitting for Appellate Court Judge, Jamaican-born Boyd Carey.

Justice Adrian Saunders, who was involved in drafting the Rules of the CCJ and Registrar, Dawn Pierre, explained to more than three dozen lawyers at a workshop on Saturday, the rules and procedures to be followed in filing appeals to the regional court.

Belize is the third CARICOM country to get rid of the Privy Council as the final Court, and the first to do so since its establishment, when only two countries, Guyana and Barbados, went on board. It baffles me why the other member states are hesitant and/or reluctant to do so, especially countries like Trinidad and Tobago and Jamaica, which were in the forefront in the setting up of the Court. However, I have been reliably informed that Dominica is in the process of making preparations to join, but that country is now experiencing parliamentary setback since the opposition party is boycotting parliament, claiming irregularities at the last general elections.

Jamaica as well as St Lucia are also considering joining in the near future. The Patrick Manning administration in Trinidad and Tobago is all in favour of the regional court, but in order for that country to join it must get the support of the Opposition, since it requires two thirds of the vote, and the then opposition leader, Basdeo Panday, was not in favour of the move. However, now that there is a new leader of the opposition UNC, in Kamla Persad-Bissessar, who is a West Indian- trained attorney, it is likely there will be a change in that regard.

The CCJ has been established since February 14, 2001, by an agreement signed by a dozen regional governments on February 15, 2003, but the inauguration took place nearly five years ago on April 15, 2005.

The Court has not heard many cases in its Appellate jurisdiction since only two of the 12 countries have accepted the CCJ as the final appellate court, and this is very unfortunate since the Port of Spain based Court has the best court facilities on the planet. I was privileged to visiting the Court and was impressed with what I have seen - besides the well equipped libraries, spacious conference room, robing room etc. I was elated with the court room appearance, with the most modern telephonic and fascinating equipment. The facilities include: A document Reader/Visual Presenter: Ability to use laptop computers, DVF/VCR: Audio/Video Digital Recording (microphones situated throughout the courtroom) ; wireless internet access, and audio/video transcripts.

International jurists who have visited the CCJ and read its judgments generally have a high opinion of the court. One of them, Francis Jacobs, a Privy Councillor and former Advocate General of the European Court of Justice, said that the CCJ is of a high calibre and would be able to take account of local values and develop a modern Caribbean jurisprudence in an international context. He also took a swipe at some Caribbean leaders when he said, "It is regrettable that political difficulties have obstructed acceptance of its Appellate jurisdiction and that the outdated jurisdiction of the Judicial Committee of the Privy Council survives for many of those states.

One of the most respected Caribbean jurists, Dominican born Telford Georges, said before his death that he regarded it as a "compromise of sovereignty" for us to remain wedded "to a court which is part of the former colonial hierarchy, a court in the appointment of whose members we have absolutely no say."

I sincerely hope that steps will soon be taken by those countries that have not yet joined will do so as soon as possible.

Belize Senate approves Caribbean Court of Justice

Source: Belize News

Published : 26/02/2010

The Senate on Tuesday passed the Belize Constitution 7th Amendment Bill in order to abolish the Privy Council as Belize’s final court of appeal.

The constitutional amendment would also enable Prime Minister Dean Barrow, the head of Cabinet, to appoint an Attorney General from outside both houses of Parliament – the House of Representatives and the Senate.

The Opposition People’s United Party did not support the amendment; however, the vote was carried by the senators for the ruling United Democratic Party, the churches and the business community.

During the voting one of the ruling party’s senators Eddie Webster called for a division, so that individual votes could be recorded. It was revealed that 8 out of 12 senators had voted ‘yes,’ while 2 voted ‘no’ (PUP Senators Carolyn Trench-Sandiford and Corona Villafranco), and 2 abstained (Paul Perriott for the trade unions and the PUP’s Lisa Shoman, SC). The Belize Constitution 7th Amendment Bill is now ready to be signed into law by the Governor-General.

However, the Senate decided to hold the accompanying amendments to the CCJ Bill, which will remain in committee for further clarifications, according to the Leader of Government Business Douglas Singh. The Privy Council Appeals Act is also being repealed.

PUP Senator Lisa Shoman said that the removal of Section 4 of the 7th Amendment Bill, which would have enabled persons with dual nationality to join Parliament, was “a triumph of people power.”

“It means that people power is alive, is well and is effective,” she commented.

The more welcomed aspect of the bill is the removal of the Privy Council in the United Kingdom as Belize’s final appellate court. The Caribbean Court of Justice (CCJ) will assume that jurisdiction.

The CCJ, a judicial tribunal for the Caribbean, was established on February 14, 2001, under the Agreement Establishing the Caribbean Court of Justice, which was appended to today’s amendments.

Of note is that Belize was among the original signatories to that agreement to establish the court, which was inaugurated in April 2005 in Port of Spain, Trinidad & Tobago.

Senator Godwin Hulse, representing the business community, commented that the normal practice in other jurisdictions when governments make such changes to the Constitution is for a white paper to be circulated.

Shoman concurred that “...having a white paper and allowing wide debate, while things can still be changed, is important.” She noted that Belize had previously had only 5 amendments to the Constitution in the 27 years after the Law came into being, in the year of Independence.

Hulse noted that, as things now stand, the Prime Minister can draw up to four ministers from the Senate.

We note that the former administration of Said Musa had availed itself of that option, appointing, for example, Foreign Affairs ministers from the pool of their Senate appointees.

The Barrow administration has given ministerial posts to only elected politicians of the House of Representatives, and no Senators have, over the first two years of the administration, been endowed with ministerial posts.

The more contentious part of the Belize Constitution 7th Amendment Bill is the Attorney General appointment.

Senator Hulse raised the key issue of accountability: The changes in the Attorney General appointment, noted Hulse, would mean that he or she would fall outside the requirement for filings of assets and holdings under the Prevention of Corruption in Public Life Act.

Hulse noted that the Government doesn’t yet have a structure in place for members of Cabinet who are not members of either house of Parliament to be put on the spot by colleagues in “questions to ministers,” a routine segment of House meetings. The 6th amendment to the Belize Constitution, now on hold, should have come before, because it would enable the Senate to summon the Attorney General to answer questions of concern, he explained.

“It is clear that accountability and answerability of any member of Cabinet is something that is not only to be desired, but to be demanded and expected by the people of Belize,” added Senator Shoman.

“While it is in the vein of beginning to select ministers from outside [Parliament], it should have been part of a comprehensive package,” commented Senator Hulse.

Hulse also pointed to statements made at Friday’s House Meeting by the present Attorney General Wilfred Elrington, indicating that he welcomes being relieved of that part of his portfolio, which also includes foreign affairs and foreign trade.

The Senator noted that “...if he didn’t have experience in foreign affairs or foreign trade, the one place he has experience in is the legal profession which is what the Attorney General is, because he is a former judge of the Supreme Court, former Magistrate, Crown Counsel, Senior Counsel, and Senior Attorney. That would be the one job that he would want to retain or, for that matter, that the government would seek for him to retain which would be the Attorney General.”

Hulse asserted: “I still think that the amendment is devoid of an explanation from government as to why it is so important and urgent.”

According to Senator Singh, the Prime Minister has committed that he won’t have the 6th Amendment Bill to the Belize Constitution signed into law until all legal issues are addressed.

Apart from approving the amendments to the Belize Constitution, the Senate also approved a loan motion for $3.48 million from the Caribbean Development Bank (CDB) for a Rural Belize River Valley water project. The loan, said Singh, is to be repaid in 18 equal quarterly payments starting 10 years after date of signing, and it accrues 2.5% interest per annum, to be paid quarterly on outstanding balance. There is no commitment fee, and the loan is to be fully disbursed by 2011, added Singh.

Senator Godwin Hulse, representing the private sector, said that the program had been budgeted by the government for 10 consecutive years, and it is gratifying to see that it will finally happen.

“This is the kind of loan we should have for development projects,” expressed Senator Hulse.

The Leader of Government Business laid on the table a paper on the Village Council Election Regulations 2009, regulations that would remove the administration of the village council elections from the jurisdiction of the Ministry of Local Government and give it to the Elections and Boundaries Commission, as well as to make provisions for the administration of these upcoming elections.

Singh said that the regulations had already been published in the Government’s Gazette by the Ministry and was only being laid before the Senate for their information. Therefore, no amendments could be made at that point, said Singh.

At Tuesday’s Senate meeting, the senators also approved the re-appointment of two Supreme Court justices past the retirement age of 65. Oswell Legall’s re-appointment has been approved for three years, beginning June 7, 2010. (Legall, a native of Guyana, joined the Belize judiciary in January, 2009.)

The Senate also approved another short appointment for Supreme Court Justice Troadio Gonzalez, from March 1, 2010 to August 31, 2010. (Gonzalez’s term ends this month.)

Also approved were the Refrigeration and Technician Licensing Bill, for the licensing of refrigeration and air-conditioning technicians; and the International Foundation Bill, for the establishment, operation and regulation of international foundations.

House vets replacement of Privy Council with CCJ

Source: Belize News

Published: February 23, 2010

The House of Representatives on Friday approved the replacement of the Privy Council, the final appellate court in Belize, with the Caribbean Court of Justice (CCJ).

The legislative backing for the change comes from amendments to the Belize Constitution (in the 7th Amendment Bill), as well as the revocation of the Privy Council Act.

Even though Prime Minister Dean Barrow had signaled the removal of the dual citizenship portion of the constitutional amendment, in response to fierce and vocal opposition to it on the home front, the proposal, nonetheless, consumed a large part of the debate.

The Opposition People’s United Party was castigated from across the floor for its position to not support the dual citizenship amendment, and was told that they have no regard for Belizeans in the “diaspora.”

Prime Minister Barrow commented that the dual citizenship feature has already been introduced into the OECS’ (Organization of Eastern Caribbean States) constitution, and was there in Belize’s pre-independence constitution.

As the law now stands, a person born in Belize who acquires citizenship in another country cannot run for office. The ruling party claimed that the amendment was crafted to give these Belizeans an opportunity to actively engage in governance, to become representatives in the House, or to be appointed to the Senate. However, there were many Belizeans who had questions over where the allegiance of a person with dual nationality would lie.

Regarding the replacement of the Privy Council as Belize’s final appellate court, the amendment to the constitution and the repealing of the Privy Council Act was done, said Barrow, to implement the CARICOM agreement establishing the CCJ.

The other aspect of the constitutional amendment had to do with the appointment of an Attorney General for Belize.

Under existing laws, the Attorney General must come from either the Senate or the House; however, the amendment would enable the Prime Minister to choose a private practitioner to fill the post, without requiring that person to be a member of either houses of Parliament.

The Attorney General, a trained lawyer, himself weighed in and supported the amendment. Wilfred “Sedi” Elrington, who also serves as Minister of Foreign Affairs and Foreign Trade, said “…if the Prime Minister [is able] to bring in independent people, people who had already done well, who are competent, who are capable, experienced as Ministers, then we wouldn’t have a problem with corruption.”

Elrington also claimed that only about 2% of all attorneys are “really good” and “really capable of, in fact, doing a good job [for] their clients.”

Despite current speculation that the post would be given to Lois Young, whose firm Prime Minister Barrow said Friday is the government’s top choice, giving value for money, Barrow had told us in a prior interview, when the amendment was first publicized, that he was not carving out the provision for Ms. Young.

In June 2009, he said thathe has no intention of changing the current AG, Wilfred Elrington, but he is making the legislative changes to allow the Government to select from the ranks of the practitioners a top professional who doesn’t want to be caught up in the “hurly burly” of the business of the House and Senate.

Said Musa, former Prime Minister and member for Fort George, questioned Barrow on whether he was moving the system from a parliamentary to a republican system:

“The Attorney General, in the final analysis, like any other Minister, must be answerable to Parliament if it is to be a parliamentary democracy. ...So where is the representative democracy? Where is the parliamentary democracy once you appoint an AG from outside?”

The constitutional amendment, which covers the provisions for the CCJ and the appointment of the Attorney General, went through its third reading with approval, but has yet to be passed by the Senate.

Belize clears way for CCJ
BBC Caribbean News in Brief

Source: Stabroek
Published :February 24, 2010 - In Regional News


The Belize senate was expected to approve legislation allowing the country to adopt the Caribbean Court of Justice (CCJ) as its final appellate body, when it met yesterday.

Lawmakers approved the Seventh Amendment to the Constitution last Friday, allowing the country to replace the London-based Privy Council with the CCJ.

If approved, Belize will become the third Caricom member state to adopt the CCJ both in its original jurisdiction and a final court of appeal.

Barbados and Guyana are the only other Caricom states to recognise the court in its criminal appellate jurisdiction, since its launch in 2005.
Grenada clears the air on Mr Vegas

The Grenada government has been explaining the government’s reasons for denying a work permit to Jamaican dancehall artiste, Mr Vegas.

Mr Vegas, whose real name is Clifford Smith, was scheduled to perform in St George’s on Saturday, but did not receive permission from the government.

Labour Minister Karl Hood says while the ministry has no difficulty with regional performers coming to the island, they need to follow proper procedures.

Mr Hood said that some promoters have continued with last minute requests for work permits, even though they have been advertising their events for months.

“We will not therefore be responsible for promoters who are denied permits based on their compliance with our procedures,” Mr Hood said.

Belize to abolish appeals to the Privy Council

Hon. Wilfred Sedi Elrington,

“By the time we have reassembled here next year for the opening of the law year for the year 2011, Belize should have abolished appeals to the Privy Council and accepted the Port of Spain based Caribbean Court of Justice as its final court of appeal.”

Source: http://7newsbelize.com/sstory.php?nid=15999

Published: posted (January 18, 2010)

Jamaica and the Caribbean Court of Justice and regional integration

Commentary: Jamaica and the Caribbean Court of Justice and regional integrationPublished on Tuesday, November 24, 2009
By Oscar Ramjeet
Source: Caribbeannetnews.com

Dr Oswald Harding, who was the attorney general of Jamaica when the Caribbean Court of Justice (CCJ) was first touted in the late 1980s and the early 1990s, has explained to me why Jamaica has not yet abolished appeals to the Privy Council and joined the CCJ as the final court.

The former Jamaica Attorney General and his Trinidad and counterpart, Selwyn Richardson, were moving from island to island encouraging governments to join the regional court, but after 20 years these two countries are still to accept the CCJ as the final Court.

Dr Harding, who is now the President of the Senate, in an exclusive interview with me said that the Jamaica Labour Party (JLP) has always been in favour of the regional Court, but said that there were a few distractions in the 1990s: Richardson was murdered and the JLP lost the government among others.

He explained that the Peoples National Party government under P.J. Patterson then started to railroad activities in a move to remove the Privy Council as the final court by passing legislation without consulting the JLP, which was later struck down by the London-based Privy Council.

He added that the Jamaican government is contributing 27% of the costs to run and administer the Court and has not been getting any benefit whatsoever since it has not joined the Appellate Division because the Privy Council is still the final Court and he referred to the attitude of the CCJ Judges.

The Senior Counsel said that he is not happy with the composition of the Court and pointed out that seven highly qualified and experienced Jamaican lawyers had applied for a position in the Court, but they were all turned down in favour of less experienced candidates.

Touching on talks and discussions about Caribbean integration, the President of the Senate referred to a publication "integrate or perish". He said that there is too much talk and less action in this regard and referred to the stand taken by some regional governments on the question of freedom of movement.

He said that some governments change the goal post when it is convenient to them and there must be a change of attitude.

Meanwhile, Jamaican Attorney General, Dorothy Lightbourne, indicated to me that her country is about to take steps to remove the Privy Council as the final Court, and Belize Prime Minister Dean Barrow has already tabled a Motion in Parliament to amend the Constitution to facilitate the CCJ as the final Court.

In fact the Belize Government, although there is no need for a referendum to effect the change, has launched public aware consultations throughout the country to sensitise constituents on the proposed constitutional changes.

A few other countries, including Grenada, St Lucia and St Vincent and the Grenadines, have signalled their interest in joining the regional Appellate Court as well.

The Trinidad and Tobago Government is willing to go on board, but before it can do so it has to get the sanction of the Opposition since it requires two thirds majority in order to secure the amendment.

Only two countries, Guyana and Barbados, are members of the Appellate Jurisdiction of the Court, which was established more than four years ago.

Brazilean appeals for change in Constitution to adopt CCJ

Belizean Americans urgent appeal
Published on Thursday, July 23, 2009
Source: Caribbean Net News : Print Version

By Wellington C. Ramos

Beginning next week throughout our country of Belize, our government is going to commence consultations with our people on two important constitutional amendments to Article 7 of our constitution. One of these proposed amendments is to give Belizean citizens who possess dual citizenships the right to be eligible to run for the National Assembly while retaining their dual citizenships. The other amendment is to discontinue having the Privy Council in London, England, as our final court for appeals and to transfer this authority to the Caribbean Court of Justice (CCJ) in the Caribbean countries.

Belizeans living abroad, including myself, are strongly in support of these two amendments because one will reaffirm the constitutional rights of Belizeans who possess dual citizenships and the other will have a major impact on the reduction of murders in Belize by resuming capital punishment, which the Privy Council in London seems to be ruling against persistently over the years.

Almost all the Belizeans who left Belize and came to the United States did so for one of the following reasons: to join their family, to avoid political persecution, to advance their education or to improve their economic situation. If it was not for one of these factors, most Belizeans living in the United States would still be living in Belize.

Now that they live in the United States, their contributions to the survival and growth of Belize is extremely significant economically, socially, politically and in many other ways. In a recent study conducted by the United States government, it was reported that most developing countries in the Caribbean, including Belize, would endure serious economic hardship if it was not for the financial contributions made weekly by their nationals living in the United States.

The constitution of Belize has a dual citizenship clause that gives Belizeans who possess dual citizenships the right to vote. However, Belizeans who possess dual citizenships have not been given that right by either of their governments over the years in allowing them to vote through proxy voting. The denial of this right is a violation of their constitutional right.

While this right exists, it is contradictory to say that they can vote but cannot run for office. In a democracy, if a person can vote, then the person should also be qualified to run for office as a citizen of that country if he or she meets the requirements set forth in the Elections and Boundaries Law or in the People’s Representation Ordinance.

Great nations are built by citizens who have been exposed to other industrialized and technological countries because they will bring their experiences and expertise back home to build their own country. China is now one of the richest countries in the world after it came out of the Dark Ages. When Peter the Great took Russia out of the Dark Ages, Russia became a great power also. He sent Russian citizens abroad to see what other European countries were doing to become industrialized.

There are some Belizeans who show resentment towards their fellow Belizeans when they go home to visit them. Most of this resentment is due to jealousy and ignorance because some did not get the opportunity to come and live in the United States or foster that false belief that Belizeans who live in the United States do not care about their country and people.

For the few who think that way, I would like to make it clear that I have lived in Los Angeles, Chicago and New York City throughout all my thirty-one years living in the United States. These are three of the biggest cities that have the largest concentration of Belizeans.

Most Belizeans that I have met are longing to go back home, love their native country and would do anything for their beloved country, including to fight and die for it. When anything occurs in Belize, such as hurricanes, earthquakes, other disasters, or the Guatemalan claim to our country, Belizeans living in the United States cannot sleep and are tuned in to the news with their relatives and friends on the telephones constantly to get updates.

Since capital punishment was discontinued in Belize, the amount of murders in the country of Belize has skyrocketed tremendously. Belize City is so unsafe that many Belizeans try to avoid going to Belize City. This is bad for the economy because tourist will avoid coming into our country and that will lower the amount of revenue our people and government could earn to institute social programs for the needy and poor.

When Belize enforced capital punishment years ago, the amount of murders throughout the whole country of Belize was far less than today. There are some Belizeans who would argue that the re-institution of capital punishment will not lead to the reduction of murders in our country. I would counter that argument by saying to them, then let us do it and then examine the impact it is having on the reduction of murders and if it is not then we can abandon it forever.

The issue is how long are we as a people going to stand idly by while our family members continue to see their loved ones being killed innocently and senselessly in our country by these heartless murderers? These people do not value a person’s life and that is the reason why they are taking it for no justifiable reason. Some of us have been spending too much time being concerned about the rights of the accused. It is now time for us to be concerned about the rights of the victims, their families and the Belizean citizens at large.

The longer we wait to correct these insane actions, each and every one of us as Belizeans will end up losing one of our loved ones. The time is now right for us to approve these two constitutional amendments because they are just and right for our country and the citizens of Belize. I hereby urge my fellow Belizean citizens that throughout the consultations to be held next week, we attend them and present these justifiable reasons to make a strong case for the passage of these fundamental amendments to our constitution.

CCJ... Burning issues for CARICOM leaders

EPA, world financial woes, CCJ... Burning issues for CARICOM leaders

Source: The Reporter

Published March 13, 2007

Belize this week played host to the Twentieth Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) held at the Radisson Hotel on Thursday and Friday.

The meeting zeroed in on a number of issues affecting not only Caribbean nations, but also the Central American region.

Prime Minister Dean Barrow, who is the current Chairman of the Conference of the Heads of Government of the Caribbean Community, in his remarks at the opening on Thursday, set the stage for what the two days of discussions were all about.

He told the gathering, which included heads of states from 11 Caribbean countries, as well as a representative from Nicaragua, that key issues such as the Economic Partnership Agreement (EPA) with the European Union, the global economic and financial crisis and the Caribbean Court of Justice are issues the region must renew its energy on so as to reaffirm the purpose CARICOM citizens both demand and deserve.

“The holding of this meeting here, at the western end of the CARICOM arc, is of special significance,” Barrow told the gathering.

“At a time when thinking big is a necessity, it helps to accentuate the scope and reach of our Community. It helps to underscore the ambition of our grand enterprise. But it also helps to dramatize the problems inherent in taming what can sometimes seem like this wild beast of Caribbean integration.”

The signing of the EPA, says the Prime Minister, “has been, to put it mildly, controversial. The implementation is already throwing up its own obstacles, Mr. Barrow noted.

Barrow described many aspects of the EPA, as time-bound, revisionism and second guessing over-rated commodities.

As to the global financial crisis, Barrow said, the need is for Caribbean leaders to be remindful of what integration was designed to achieve.

He referred to the Preamble to the Revised Treaty of Chaguaramas, which states the need to promote in the CARICOM Community the highest level of efficiency in the production of goods and services “especially with a view to liberalize foreign exchange earnings on the basis of international competitiveness, attaining food security, achieving structural diversification and improving the standard of living of peoples.....”.

The global financial crisis, says Barrow, has been “hovering above us like an incubus. To posit that it should act as a spur rather than a deterrent to consolidation of our CARICOM destiny is one thing. To actually manage our processes in such a way as to make the word flesh, is quite another,” he said.

As to the creation of a single integrated economic space, Barrow says this requires not only common approaches and common policies, but common bureaucratic and administrative procedures.

“And, inevitably, in the process of adjustment to increasing global competitiveness of the whole, the relative importance and performance of individual member states will change.”

The Caribbean Court of Justice, which has been a burning topic across the Caribbean, with only Guyana and Barbados so far opting to use it as their last court of appeal, is another matter Barrow says, he felt compelled to raise in his opening remarks.

“It represents a key element of the Community’s governance process, but so far only two countries use it as their final court of appeal in civil and criminal matters.

The significance of our apparent unwillingness to replace the Privy Council with our own first class jurists, is not lost on our population. It can’t help but contribute to cynicism about the seriousness of our commitment to Caribbean identity.

“I can hardly say this just to be a scold, since Belize is, in this matter, a guilty party. I introduce the subject, rather, in order to employ precept and example.” CARICOM Secretary General, His Excellency Edwin Carrington, who also spoke at Thursday’s opening ceremony, fleshed out the gravity of the global financial crisis, which he says is also affecting Caricom countries.

“There is no exaggeration to say that the meeting is being held at a time when the world “is in its greatest crisis in most of our lifetimes.”

The tourism industry is one of the hardest hit, noted Carrington. Remittances are also fast falling to pittance, he said.

“The energy sector, including its downstream industries, has also been adversely affected as both demand and prices have plummeted. It is difficult to imagine that just seven months ago, analysts were predicting oil prices to soar to U.S. $200 a barrel. Today they stand just over U.S. $40 a barrel.”Carrington will lead a team of CARICOM official to San Ignacio on Saturday March 14, to meet with residents from the area to discus the Caribbean Community.

The event starts at 4 in the afternoon at the Sacred Heart College in San Ignacio.

Belize to abolish appeals to Privy Council and join CCJ

Belize to abolish appeals to Privy Council and join CCJ
Published on Saturday, March 14, 2009
Print Version
By Oscar Ramjeet Caribbean Net News

BELIZE CITY, Belize: Belize will rid itself of the Privy Council and will accept the Caribbean Court of Justice as its final court of appeal.

Belize Prime Minister, Dean BarrowThis announcement was made by the country's Prime Minister Dean Barrow when he addressed CARICOM leaders at the opening of the Twentieth Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community in Belize City on Thursday.

Barrow, who was among the first batch of West Indian trained lawyers graduating in 1975 from the Caribbean Council of Education, said, "It is my intention to end Belize's hesitation to let go to the coat tails of the Privy Council and embrace the Caribbean Court of Justice as Belize's final appellate court, thereby enhancing our Caribbean identity."

The Prime Minister, who is also Chairman of CARICOM, added, "The significance of our apparent unwillingness to replace the Privy Council with our first class jurists is not lost on our populations. It can't help to contribute to cynicism about the seriousness of our commitment to Caribbean identity.”

Barrow admitted that his country should have abolished appeals to the Privy Council long ago when he said, "I can hardly say this just to be a scold, since Belize in this matter is one of the guiltiest parties. I introduce the subject rather in order to employ precept and example. I commend the merit of the court as a critical linchpin of our government, and I also undertake to propose shortly here at home, the constitutional amendment that would allow Belize to sign on to the appellate jurisdiction.”

He took over the Belize government 13 months ago after he defeated Said Musa's party. Musa is also an attorney, but was not interested in joining the regional court. Only Guyana and Barbados have so far accepted the CCJ, which was established in April 2005, as the final court of appeal.

UWI Professors Make the Case for the CCJ

UWI Professors Make the Case for the CCJ
posted (March 11, 2009)
Source: www.7newsbelize.com
http://www.7newsbelize.com/index.php#story11

A forum on the Caribbean Court of Justice began earlier this evening at the University of the West Indies Auditorium. Noted UWI Law Professors Simeon McIntosh and Winston Anderson are presenting papers making the case for the Caribbean Court of Justice. It’s a case and a cause that not many Caribbean nations have been taking up – and Professor Anderson – who is the Executive Director of the Caribbean Law Institute Center at UWI in Barbados - says they hope to demystify the CCJ.

Prof. Winston Anderson, Executive Director – Caribbean Law Institute “We want to achieve the purpose of demystifying what is required and to demonstrate in fact that it is a fairly simple procedure for moving from the Privy Council to the Caribbean Court of Justice, provided that the constitutional requirements are satisfied and we don’t believe there are any insurmountable difficulties in the way of satisfying those constitutional requirements. And as I said my colleague Professor McIntosh will be speaking more in terms of the philosophical reasons why it is so critical important that we own our jurisprudence, that we own our own courts.

We just find it very mystifying as to why other countries have not signed on, particularly because it is the case that these other countries are paying for the court. The court is up and running and we have a situation where the court is operating in Trinidad and Tobago, we have very eminent judges, very respected judges – they are deciding one or two cases that come before them. But the fact is that Belize is paying for them, Jamaica is paying for this, Trinidad and Tobago – all the other countries in the region – we are paying for this court and we’re not using the court.

But we think it is an opportune moment to dialogue with the new government, to dialogue with other stakeholders in Belize to get a sense as to how quickly we can move forward because this is something now that is past due, something that I think should have happened many years ago and certainly something that we hope that can happen in the very near future.

So we expect members of the legal fraternity to be here and we welcome their presence. But equal if no more crucially we want to have a presence of, for want of better words, ordinary Belizean people because this is in an attempt to engage them in the process of discussing the court, discussing the existence of the court, discussing the importance of the court and to have their views; to solicit from them what they think about the future and then to answer any kind of concerns that they may have as to how we go forward.”

Again the forum was scheduled to begin at the UWI auditorium at 5:30 this evening. For some context, the Caribbean Court of Justice is based in Trinidad and was inaugurated four years ago. It is fully functional but only Barbados and Guyana are using it as a court of last appeal.

The Poltical Union dance

This political union dance

Manning goes on defensive after "flying consultations"
Source: Jamaica Observer

RICKY SINGH

Publication date: Sunday, August 31, 2008

As Prime Minister Patrick Manning spearheads official celebratory activities marking today's 46th Independence anniversary of Trinidad and Tobago, he would most likely be quietly reflecting on the clear disinterest by some of his Caribbean Community colleagues in any form of regional political integration.In his assumed high-profile jet-shuttle initiatives to spread the message in favour of regional and political integration, to which his government and three others in the Eastern Caribbean have committed themselves, in principle, Manning returned home last week knowing that, at best, he could count a so-called "coalition of the willing" on just one hand.

More likely perhaps no more than three. They would include his colleagues from St Vincent and the Grenadines (Ralph Gonsalves) and Grenada (Tilman Thomas). St Lucia's Prime Minister, Stephenson King, had participated in the August 14 meeting in Port-of-Spain hosted and chaired by Manning but it is doubtful that, given the precarious nature of his administration, he could be considered a serious partner in a political union initiative with Trinidad and Tobago.

Neither Haiti nor Suriname, with their different political history and culture was ever viewed as potential allies in a political integration process-except in a distant long term.

For its part, The Bahamas has remained under successive governments on the periphery of Caricom. It operates more as a partner in functional cooperation, with limited interest in the single market, but no interest in the single-economy dimension.

The two countries whose new governments are also yet to commit themselves in any serious way to the creation of Caricom's single economy, are Jamaica (under the leadership of Prime Minister Bruce Golding) and Belize (led by Prime Minister Dean Barrow). It was, therefore, quite puzzling that Manning should have extended his jet-flying visits to meet with his counterparts in Kingston and Belmopan. The situation became less puzzling when he finally felt obliged to explain why he had included Haiti, Suriname and The Bahamas in the process.

After much criticism by political opponents and comments in the region's media, the result of a poor, if not contemptuous effort to communicate with the public, Manning was doing some explaining late last week.

He had extended, out of courtesy, his "consultations" with Caricom counterparts outside of the trio of OECS heads of government that had signed with him a "Joint Declaration" (the text remained a secret at the time of writing) on regional economic and political integration. He never requested ANYONE, he insists, to join the Port-of-Spain initiative by four prime ministers for a limited political union projected for 2013.

JAMAICA AND BELIZE

Those who were aware of the disinterest by both Jamaica's Golding and Belize's Barrow in any form of political union, should now be more concerned in ascertaining the extent of the commitment of both to encouraging the transformation of Caricom into a seamless regional economy.

Such a course would, inevitably, involve a more centrally driven governance system, located in a proposed Single Caricom Act, and realised with a new administrative mechanism armed with executive authority to ensure effective management of the Community's affairs.

In the present circumstances, a Community whose members cannot get their acts together to advance arrangements for a single economy by 2015; nor (except for Barbados and Guyana) abolish the Privy Council in preference for the Caribbean Court of Justice (CCJ) as their court of last resort, seem to be "spinning top in mud", to borrow an expression of our Trini cousins, with the flow of "talks" about even a limited political union by 2013.

These days we are being exposed to strong negative vibes about the future of a once enthusiastically promised CSME (Caricom Single Market and Economy), the target dates for which have kept shifting and remains elusive, even as the political rhetoric continues to capture headlines.

The region's people are being kept largely in the dark about the defaults by politicians and technocrats that have resulted, to date, in delivering only about one-third of approximately 330 of required "implementation actions" to make a reality of the single economy.

In relation to the CCJ, all of our governments dutifully spend taxpayers' money annually to maintain but, shockingly, they fail to have it as their final court. Now, the new game in town is prime minister Manning's jetting around to talk about limited forms of economic and political union, without any road map made known publicly on the steps towards such a goal; and no move to promote national consultations on this vital issue.

Little wonder the deepening disenchantment and cynicism about Caricom's future as the viable economic integration movement which it was conceptualised and launched to be by its visionary architects.

Make a firm decision!

Commentary: Belize and the Commonwealth countries must decide which court should have the final say
Published on Friday, July 25, 2008

Sorce: Caribbean Net News, Cayman Islands
Print Version

By Wellington C. Ramos In most of the English-speaking Caribbean countries there has been a significant increase in the number of murders that are being committed weekly. Especially in countries such as Jamaica, Trinidad, Guyana and Belize. The governments of these countries are so baffled and confused about this situation that they are making all type of efforts to stop these senseless killings.

The problem is that in all these countries the last deciding legal body is the Privy Council in London. In these countries they have a national Supreme Court and an Appeals Court. These courts have been sentencing murderers to death but when most of these cases are appealed to the Privy Council in London, the sentences are reversed and the execution of capital punishment is terminated or downsized to manslaughter due to some technicalities.

Born in Dangriga Town, the cultural capital of Belize, Wellington Ramos has an M.A. in Urban Studies from Long Island UniversitySome of the legal experts are pushing for the Caribbean Court of Justice (CCJ), a regional court, to become the final court for all decisions. However, some legal experts in Belize and the other Commonwealth countries are against that change. They probably fear that if the last decision is given to a national court in their respective countries, there is a strong possibility that some of their nationals would be executed for political reasons despite the fact that they were innocent.

While these countries are not making any decision as to which way to proceed, their citizens are living in fear due to the continued increase in the amount of murders in their countries and the possibility of losing a loved one or a friend next is increasing. In Belize the murderers are bold and brazen because they are executing people in broad daylight without any fear or respect for the laws of our country.

The issue of capital punishment is a controversial topic not only in Belize but throughout the entire world. There will always be people who are in favour and against capital punishment. There will also be statistics that support and dispute the impact capital punishment has on the increase or decrease in the number of murders that are being committed in every country. In my five years when I was a police officer in the country of Belize, I have never seen Belize in such a state of fear. When we had capital punishment enforced, our murder rate was so low that, when we had a murder, we all could attend the funeral and sympathise with the family. Today, there are so many murders being committed in a week that we have to choose which funeral to attend.

I am not a legal expert and it does not take a legal expert to come to the conclusion that we should consider solving this problem now. The governments of the Commonwealth nations and the English-speaking Caribbean, including Belize, can put a referendum question to their citizens to decide which court they want to have the last say on all legal matters in their country. They will then choose between the Privy Council in London, the Caribbean Court of Justice (CCJ) and the Belize Court of Appeals. I would prefer the Belize Court of Appeals being the last court to decide on all maters affecting my country. I am a nationalist Belizean and I cannot see another country’s court system deciding the final decision on pertinent issues such as these.

The case of Michael Ashcroft has caused me to believe that he will do everything to avoid our national courts. This is a case that we should take seriously even though it is only dealing with a financial dispute. If he becomes victorious in London, it will set a major precedent and have wider implications because it will give the Privy Council the power to derail many laws passed by our House of Representatives. What does the word independence mean if we are not a sovereign state? It would be meaningless and there should have been no reason why we sought it. If any person or group of persons enter into an agreement with any government and they feel that their rights were infringed or violated, they could go to the International Court of Justice to seek redress.

I think the Privy Council’s role in the Commonwealth nations judicial system, is spelled out in their nation’s constitution. This role should be redefined because this arrangement we have in place is not working in the best interest of our country and the Commonwealth nations.

CARICOM or GUATEMALA

CARICOM or Guatemala

Source: http://www.amandala.com.bz/index.php?id=7168
Posted: 08/07/2008

“Man, proud man
Dress’d in a little brief authority
Most ignorant of what he’s most assur’d
His glassy essence – like an angry ape
Plays such fantastic tricks before high heaven
As make the angels weep.”
—William Shakespeare

I prefer the Jamaican creole patois version of the above, which goes as follows:

“Likkle men wid brief authority
Beat dem likkle puny chests to the sky
Whilst di angels dem haffi cry.”

As the Opposition during the last administration, the present government voted against Belize signing on to the CCJ (Caribbean Court of Justice) at a vote taken in the National Assembly. Following the recent visit and seminar given by the Justices of the CCJ, the present government, in the person of the Attorney General are now saying they are willing to “revisit” their previous stance on the CCJ. We’ll see.

“During the past few years, the people of British Honduras have begun to realize that they are the victims of a monstrous conspiracy to deprive them of their country.” –Hon. Philip S.W. Goldson,
United Nations, New York, 30 August 1967

“ The time to save your country, is before you lose it.” —Hon. Philip S.W. Goldson

In the mean time, the life-sized bust of this Belizean patriot, tireless benefactor, and national hero is allowed to sit languishing on the muddy roadside along the Northern Highway. The attitude seems to be that if you ignore it, and its messenger (the sculptor), somehow the message will likewise be ignored, maybe even go away. We’ll see.

It is sometimes said that one’s attitude will determine one’s altitude. However the converse is also true. Altitude can determine attitude. Pilots learn very early in flight school that adequate altitude is the aircraft’s life blood. Fly low and the engine fails, no chance for recovery, gravity quickly determines the aircraft’s attitude, nose dive, spin, crash and burn. On the other hand, fly high enough, the engine fails, there is room for recovery, maintain a nose up attitude, glide, find a landing area, land, survive.

So, just as choosing an adequate flight level (altitude) is important for survival in an aircraft….similarly choosing and maintaining a high standard of association is important for survival as a people and as a country.

CARICOM, and its two main organs - the CSME ( Caribbean Single Market and Economy), and the CCJ, I venture to say, do not need Belize half as much as Belize needs them. For Belizeans of the Caribbean diaspora, it may just be our last chance of survival as a people. I am again reminded of the statement Derek Walcott from St. Lucia made on receiving his Nobel Prize in Literature....” That a day may come when people may ask not only what became of our shores and bays, but of a whole people.”

Currently CARICOM has fifteen (15) full members - Antigua & Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts & Nevis, St. Lucia, St. Vincent & the Grenadines, Suriname, Trinidad & Tobago. There are five(5) associate members - Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Turks & Caicos Islands. There are seven observers - Aruba, Colombia, Dominican Republic, Mexico, Netherlands Antilles, Puerto Rico, Venezuela.

The entire population of the fifteen full members is approximately 15 million. The associate members number about 154,000, and observer countries 290 million.

At the last census July 2007, the population of Guatemala was around 13 million.

There is a CARICOM Common Passport which is aimed at making intra-regional and international travel much easier for CARICOM citizens. As of late 2007, ten member states have already introduced the CARICOM passport. Unfortunately, we have been fed negative attitudes, and imagined obstacles to the Caribbean integration process – “distances too large,” “lack of transportation,” “lack of market access.”

We had intra-regional economic, educational, cultural, sport, and every other exchange with the Caribbean long before container ships, airplanes, and, of course, the Internet. CARICOM detractors, and our enemies fuel the negativity. Meantime the illegal immigration and illegal citizenship continue unabated, changing our demographic landscape.

“No person shall be entitled under provisions of this Chapter to be a citizen of Belize or be granted citizenship of Belize if such person shows any allegiance to or is a citizen of a country which does not recognize the Independence, sovereignty, or territorial integrity of Belize”

—Constitution of Belize Chapter III 29 (3)

CARICOM, the CSME, and the CCJ are a work in progress headed in the right direction, especially for Belize, a nation of 300,000 people, a large portion of which are citizens of a retrograde country which has long since, and still does not recognize our right to survive independent, sovereign, and with territory intact.

October 18, 1999 - Foreign Minister of Guatemala, Eduardo Stein, in a long note to the then Prime Minister of Belize, wrote that all the territory between the Sibun and Sarstoon Rivers must be “returned”to Guatemala, together with all the cayes, except St. George’s Caye,…additionally declaring Guatemala’s non-recognition of our borders as laid down in the 1859 Boundary Treaty.

April 29, 1987 at a ministerial meeting in Miami, Guatemala demanded that Belize cede the Toledo District and the Ranguana and Sapodilla Cayes, and British compensation totaling one hundred million pounds sterling as the price of settlement. One must note today the recent land disputes in the Toledo District with considerable interest and concern, if not suspicion.

So, we in Belize, especially those of the Caribbean diaspora, have a sacred responsibility to embrace CARICOM, the CSME, and the CCJ, and to do all in our power to make it work. If it means encouraging government to subsidize a small airline to link us with Jamaica and the Cayman Islands, thus eliminating the need for travel through Miami, the associated costs, and US transit visa requirement, then begin thinking about it. If you think it, you will do it.

May seem a small step, but will be the opening of the gateway, that elusive bridge that our fellow CARICOM citizens and ourselves will use to enhance the integration process, encourage freedom of movement, drive market access, nurture cultural exchanges, grow the tourism product, revive sports through serious competition, renew educational opportunities, maintain military and security support, sharing all the other aspects of life in the Caribbean Community.

“One Love. One Heart. Let’s get together and feel alright.” —Bob Marley

Caribbean Court of Justice: Are we ready yet?

Godfrey Smith

Source: www.flshpointbelize.com

Date of Publication: April 3, 2007
Posted by: Godfrey Smith
Tuesday, April 03, 2007

In an interview in May 1999 Lord Browne-Wilkinson, the then President of the Privy Council, intimated that appeals to that Court from the Caribbean should end. He urged the Caribbean to establish its own final court on the ground that the ultimate court of appellate jurisdiction of a state, should be in the state, staffed by citizens of that state and not by outsiders.

Persistent prevarication

The Caribbean Court of Justice (CCJ) was inaugurated on April 16th 2005. The historic first sitting of the CCJ took place on 8th August 2005 at the Court’s offices in Port of Spain, Trinidad and Tobago. The sitting was to consider an application for special leave by a Barbadian company to appeal from a decision of the Barbados Court of Appeal. Since then about five cases have been brought before the CCJ, three more from Barbados and two from the Cooperative Republic of Guyana. The court is now firmly established and fully operational for those Caricom member states that have subscribed to it. As the second anniversary of the inauguration of the CCJ approaches, it is perhaps timely to review where we are with the CCJ and to ask: is Belize now ready to fully sign on?

The idea for the setting up of a Caribbean court to replace the Judicial Committee of the Privy Council (Privy Council) in England was first seriously raised at a Caricom Heads of Government meeting in Kingston, Jamaica in 1970.

More than thirty years later, on February 14th 2001, ten Caricom countries finally signed unto the Agreement in Barbados, establishing the Caribbean Court of Justice: Antigua and Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica, St. Kitts and Nevis, St Lucia, The Republic of Suriname and the Republic of Trinidad and Tobago.

The passionate debate in Caribbean countries that preceded the signing of the Agreement is rivaled only by the persistent prevarication by some countries over how tightly – if at all- the CCJ should be embraced.

Belize & the CCJ

In Belize, the government attempted to fully embrace the CCJ. The CCJ has two distinct aspects. The first is called the original jurisdiction. This refers to the court’s power to deal fully with all trade disputes and trade-related issues that might arise between two or more member states of Caricom. This is considered to be a sine qua non for the successful operation of the Caribbean Single Market and Economy (CSME).

The second is called the appellate jurisdiction. This refers to the court’s power to fully and finally determine appeals from decisions of Courts of Appeal in the Caribbean. In this regard, the CCJ was in conflict with the British Privy Council which, under the national constitutions of the majority of Commonwealth Caribbean countries, was the court empowered to dispose of appeals from Courts of Appeal throughout the region.

For Belize to replace the Privy Council with the CCJ required a constitutional amendment supported by no less than three-quarters of the members of the House of Representatives. The ruling PUP had lost its three-quarter majority shortly after its general election victory in 2003 with the untimely death of its Cayo South representative, Mr. Agripino Cawich.

The government was able to pass legislation introducing the CCJ in its original jurisdiction because this required only a simple majority. But the Opposition blocked the legislation abolishing the Privy Council and introducing the CCJ as the final court of appeal for all criminal and civil matters. The Opposition copycatted the Trinidad & Tobago Opposition by withholding support for the legislation unless the government agreed to certain “political reform” proposals and financial support for Opposition constituencies. The government refused and the legislation floundered.

Retain the relic

The case against replacing the Judicial Committee of the Privy Council with the CCJ has four essential arguments. First, that judges of the CCJ will not be as insulated from political interference and may therefore not enjoy the Olympian aloofness of their British counterparts in the Privy Council. Second, that financial resources which are vital for the permanence and continuity of a CCJ are scarce and may not be forthcoming from undisciplined and profligate Caribbean governments. Third, that the money would be better spent improving magistrates courts which deal with 80% of cases in Caribbean countries. Fourth, that retaining the Privy Council as the final court of appeal is more attractive to foreign investors and costs less since it is paid for by the British.

A question of sovereignty

Ranged on the other side of the debate are also four basic arguments. First, that a CCJ is more consistent with our status as independent, sovereign states. Why should we be self-governing in all aspects but yet have a foreign court as our final court of appeal? Second, that the CCJ is more conducive to the development of a regional jurisprudence that is sensitive to the history, culture and ethos of Caribbean people. Third, that in relation to foreign investors, the majority of Caribbean cases going up to the Privy Council are criminal cases and only a handful are civil cases. Fourth, that the Privy Council is far removed from the Caribbean both geographically and in its appreciation of local circumstances.

Competence, independence, permanence

With two years having passed since its inauguration, the court is manned by competent judges some of whom held the highest judicial offices in their respective countries. These judges of the CCJ enjoy security of tenure and hold office until they attain the age of seventy-two years and can only be removed for inability to perform the functions of office or for misbehaviour.

They were appointed by an independent Regional Judicial and Legal Services Commission comprised of representatives from the Organization of the Commonwealth Caribbean Bar Association and the Organization of the Eastern Caribbean States Bar Association, a rotating Chairman of the Judicial and Legal Services of a member country, a rotating Chairman of a Public Service Commission of a member country, two persons from civil society nominated jointly by Secretary-General of Caricom and the Director-General of the OECS, two distinguished jurists nominated jointly by a Dean of one of the Faculties of Law and the Chairman of the Council of Legal Education, and two persons nominated jointly by the Bar or Law Associations of the member states.

Caricom governments have contributed to a US $100 million trust fund the interest of which fund the operations of the CCJ. There is therefore no need for the court to go cap in hand to politicians for its upkeep, thereby opening it to the possibility of political interference.

While we have been intently focusing on the comparative advantages of the CCJ through the prism of the Privy Council for several decades now, we may well have missed an important if embarrassing point. In an interview that was published in the May 1999 issue of The Lawyer, Lord Browne-Wilkinson, the then President of the Privy Council, intimated that appeals to that Court from the Caribbean should end. Browne-Wilkinson complained that appeals related to death row prisoners in the Caribbean had created a burden on the time and resources of that Court. He urged the Caribbean to establish its own final court on the ground that the ultimate court of appellate jurisdiction of a state, which has to make important policy decisions on legal principles, should be in the state, staffed by citizens of that state and not by outsiders.

Yet, in Belize, during the debate on the Bill to abolish the Privy Council, Her Majesty’s Loyal Opposition shamelessly hung onto the coattails of the Privy Council and questioned the brainpower of Caribbean judges vis-à-vis their British counterparts. It’s time for the government to reintroduce the Bill and flush out the Opposition on this crucial issue of sovereignty and regional identity. Belize should abolish the Privy Council and bring on the CCJ.

Privy Council/ CCJ

The Reporter Sunday, 11 May 2008

Harry Lawrence - Publisher

A British court in London ruled this week that it has jurisdiction to decide disputes between the Government of Belize and the Belize Bank Limited. In doing so, the court simply ignored the jurisdiction of the Supreme Court of Belize.

The British court claimed jurisdiction on the strength of an agreement signed between the Prime Minister of Belize, Mr. Said Musa, and the Belize Bank. The agreement stipulates that any dispute between the government and the Belize Bank would be determined not by a Belize court but by a British court.

This is only one of several bizarre arrangements which Mr. Musa made while he was Prime Minister of Belize. He signed another agreement stipulating that Belize Telecommunications Limited, the monopoly utility company now under Mr. Ashcroft’s control, is to be allowed to make a profit of 15 percent on its operations, and that the Government of Belize would make up the short-fall when profits fell below 15 percent.

He also signed an agreement guaranteeing government secrecy about this and other agreements he had signed.

These secret arrangements have allowed a few favoured companies to exploit consumers in Belize by making immoral profits. They are also being used now to frustrate the legitimate resolve of the new government and limit the jurisdiction of the Supreme Court.

Any arrangement by any Prime Minister to limit or in any way circumscribe the jurisdiction of the Supreme Court in Belize is unconstitutional and ought to be resolutely resisted. The Prime Minister has no authority to do anything which would have this result.

The Prime Minister’s office combines administrative and executive and legislative powers but he had no authority over the judiciary and no powers to limit the jurisdiction of the Supreme Court.
We believe that the arrangement to keep certain agreements secret and hidden from public view is a corrupt practice which will have the most serious consequences. The practice of guaranteeing certain favoured companies a minimum profit of 15 percent on their operations is also a corrupt practice - exploitative in nature and intrinsically unjust.

This is a case which should quite definitely go before the Caribbean Court of Justice and not the Privy Council because it deals with a conflict between British jurisdiction and the Belize jurisdiction.

Belize should pursue its case vigorously before the Caribbean Court of Justice and not be intimidated by the British court.