CCJ dismisses TCL contempt filing against Guyana

Source Stabroek staff Published : April 1, 2010 |

The Caribbean Court of Justice (CCJ) on Monday dismissed contempt proceedings against Guyana filed by Trinidad Cement Limited (TCL) and a subsidiary company, which arose last year when this country failed to reinstate the CET on extra-regional cement following an order of the court.

When its judgment was read, the CCJ also dismissed the claims for orders relating to civil contempt against Attorney General, Charles Ramson SC. The CCJ held that it had no jurisdiction to make any such finding against Guyana, but it also noted that no claim for such a finding of contempt against this country had been made either in the original or amended application of the applicants; TCL and its subsidiary, TCL Guyana Incorporated (TGI).

In its ruling, the CCJ said the oral claim against Guyana was not properly raised and so it was not entertained. However, it was noted that on January 8, 2010, almost four months after the grace period fixed by the Order had expired, Guyana reinstated the CET in respect of all non-CARICOM cement imported here. The CCJ did grant a declaration that Guyana was in breach of Article 215 of the Revised Treaty of Chaguaramas, which mandates CARICOM member states to comply with judgments of the CCJ promptly.

With respect to the claims against the Attorney General, the Court ruled a coercive order should not be made against someone who is not a party to the proceedings. It said there was no evidence that the AG here was personally responsible for the breach of the Order, or that the AG, as a non-party, was responsible in his official capacity for the reinstatement and maintenance of the CET on cement from non-CARICOM sources.

TCL had applied for leave to amend its application to include a claim for the declaration that Guyana was in breach of Article 215 and the Court granted leave after Guyana had no objections. Counsel for Guyana later resisted the claim, saying that since the amendment had only been granted after the Order of August 20, 2009 had been complied with, the question of whether Guyana was in breach of Article 215 was academic. Counsel argued that Courts were reluctant to grant declarations that served no useful purpose.

In breach

Trinidad and Tobago, in its submissions as a State Party invited to join the discussion, accepted that the Court could find a State Party to be in breach of obligations in Article 215 to comply with the Court’s judgment promptly. The CCJ found that there was ample evidence that Guyana did not comply promptly, noting that this country’s application for an extension of time for compliance with the Order was an admission that it had not complied.

In its submissions, Guyana had contended that the Order of Court was “not without some indicative element of equivocation.” Counsel for Guyana had argued that it was not the Order that re-imposed the CET. Counsel said also that the Order left Guyana free to “implement” or “complete” the CET and to “maintain” the CET “only from that date,” i.e. the date of reinstatement. But the Court said this was disingenuous, pointing to a November 13, 2009 case management conference where counsel for Guyana conceded that the country was in breach and continued to be in breach of the Order by restricting the application of the CET to imports of non-CARICOM cement ordered after October 15, 2009. The Court said its emphasis was on cement imported and CET collected after September 17, 2009 and it held that there was no ambiguity in the Order and that Guyana’s breach of it was unlawful.

The case against Guyana raised significant issues and triggered an interesting discussion at the level of the Court; it also resulted in critical submissions from Trinidad and Tobago, after an invitation was extended to state parties to make written and oral submissions on the question of civil contempt of Court issues.

What emerged from the discussions was that there is need for a protocol amending the Revised Treaty, to make clear what forms of contempt the Court can deal with and what sanctions it can impose on those whom it holds in contempt. In the interim, the Court said it will express only provisional views on such matters in the hope that “the difficulties of interpretation which emerge will be eliminated by an appropriate protocol to the Revised Treaty.”

The Court pointed to several questions which arose during its deliberations and out of the submissions canvassed before the court. It questioned what is the meaning of “contempt of court” in the context of Article 26 of the CCJ Agreement and whether the agreement give the Court jurisdiction to entertain proceedings for civil contempt. The Court also pondered, among other issues what impact, if any, does municipal legislation incorporating the CCJ Agreement have on the jurisdiction of the Court.

No inherent jurisdiction

The concept of civil contempt (disobedience of court orders) as an affront to the court is not known in the civil law and the question arose as to whether civil contempt exists in international law. The Court said that even though civil contempt was unknown to international law, states may confer that power on a tribunal by agreement. The CCJ noted in his judgment that ‘contempt of court’ is a common law concept that has no equivalent in the civil law system. It stated that even if the civil contempt of court were recognized, on the international plane it is evident that the common law concept of contempt of court must undergo some metamorphosis if it is to operate in a different setting “within the basic structure of the international community.” It said further, that in non-criminal cases the common law sanctions for contempt of court, i.e. (1) imprisonment; (2) sequestration; and (3) fines, may have to be adapted to take account of the fact that the states are the defendants and cannot be imprisoned, and that regional international courts, have no tipstaff or goals except where treaties provide so.

The CCJ continued: “When one transplants civil contempt of court into the international arena among nation states, the primary sanction is a declaratory finding of contempt or non-compliance with the Court’s order.” It noted in the result that such a declaration is similar to the one available under Article 215 of the Revised Treaty (where the obligation is to comply promptly).

However, the CCJ found that no express power to entertain contempt proceedings is granted in Article 26 of the CCJ agreement. Further, it pointed out that one could not extrapolate from the ad hoc international criminal tribunal cases that international courts have an inherent jurisdiction in civil contempt in non-criminal cases.

The CCJ panel included Justices Michael de la Bastide, who is the President of the Court, together with Justice Nelson; Justice Saunders; Justice Wit and Justice Hayton.

The applicants were represented by Dr C Denbow, SC appearing with D Denbow, D Rohlehr and K De Freitas; the respondent by Kamal Ramkarran and Trinidad and Tobago by Douglas Mendes SC along with M Quamina, E Pierre, G Jankey and S Ramhit.

Professor Anderson to replace Justice Duke Pollard

Jamaican appointed Judge in CCJ

Source: Kaieteur News

MARCH 30, 2010

…as Justice Duke Pollard retires

By Oscar Ramjeet

The Regional Judicial and Legal Services Commission (RJLSC) has appointed a Jamaican as the newest judge in the Caribbean Court of Justice (CCJ).

He is Professor Charles Anderson, an academic who replaces Guyanese Justice Duke Pollard, who goes into retirement on June 10 next, when the new judge will assume duties.

Justice Anderson is the first Jamaican to be appointed to the regional court. The omission of a judge from Jamaica, the most populated in the Anglophone Caribbean, has been criticized, especially since that country contributes 27 per cent of the costs to run and administer the Court.

Former Attorney General of Jamaica, Dr. Osward Harding, who is now the President of the Senate, had indicated to me two years ago that several highly qualified Jamaicans, including a few outstanding Senior Counsel were overlooked five years ago.

Now that that a Jamaican has been appointed as a Judge, one wonders if this will accelerate the powers to be in Kingston to join the Appellate Division of the Court.

Justice Pollard’s appointment in the regional court was criticised in some quarters since he was never in active law practice, never served as an advocate either as Counsel or prosecutor and never sat as a judge. He has been an academic throughout his legal career and was involved in preparatory work for the establishment of the CCJ.

The tenure of CCJ judges is 72 years, but Pollard was given a three-year extension two and a half years ago.

Since Justice Anderson’s appointment was criticised, legal practitioners want to know why the RJLSC chose a law professor rather than an experienced judge.

Justice Anderson holds a law degree from the University of the West Indies and a Doctorate in Philosophy (Phd) in international law from the University of Cambridge. For most of his career, he has been a member of the Law Faculty of UWI.

He was appointed lecturer in 1994, senior lecturer in 1999 and was made professor in 2006. He spent a year as a Research Fellow at the University of Sheffield between ‘1994 and 1995, and a year as senior lecturer on fellowship at the University of Western Australia in 1996. He is currently the executive director of the Caribbean Law Institute Centre (CLIC).

Professor Anderson and Professor Simeon Mc Intosh were involved during the past two years travelling around the Caribbean participating in seminars promoting the CCJ, and urging governments to join the Appellate Division of the Regional Court.

The lone female judge in the Court, Desiree Bernard, who was Chief Justice and former Chancellor of Guyana will reach the age of retirement in March next year, and already there are discussions in the legal circle whether she will be given an extension, and if not, whether another female will be appointed to replace the distinguished Guyanese.

Justice Bernard had many firsts in her homeland - the first female judge, first female Court of Appeal Judge, first female Chief Justice, first female Chancellor of Guyana and first female Head of the Judiciary in the Caribbean.

She is also the first Solicitor to be appointed a Judge, the reason being that the legal profession in Guyana was fused in 1979 and Justice Bernard, a practising Solicitor, automatically became an Attorney at Law since both Solicitors and Barristers were known as Attorneys as of November 1979.

Justice Bernard was appointed a High Court Judge in 1980. I recall writing a piece in the local newspapers under the headline “High time for a female Judge in Guyana” and I suggested her appointment although she was from the practising Bar, and the following week she was named.

Belize will soon be on board as the third jurisdiction to join, and I look forward for Dominica, and Jamaica to do so soon rather than later. I am also hopeful that Trinidad and Tobago will consider joining now that there is a new opposition leader, Kamla Persad Bissessar, a West Indian trained attorney who served as Attorney General under the Basdeo Panday administration.

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.

The Caribbean Court of Justice and the Legal Profession: Promoting a Caribbean Jurisprudence Author: Justice Adrian Saunders Published in: Commonwealth Law Bulletin Vol 33 Is. 4 December 2007 Abstract The author submits that the main purpose in the establishment of the Caribbean Court of Justice (CCJ) is to promote the development of a Caribbean jurisprudence, based on the Commonwealth Caribbean's common historic, political, economic and cultural experiences and mutual history. The article examines the role of final appellate courts, noting that judges of such courts must often choose between alternatives which are perfectly capable of being defended as rational, reasonable and consistent with 'the law'. Factors such as life experiences, socialisation, and backgrounds all play a role in determining the choices that are ultimately made. This is why, the author underscores that 'it is so important to have a diverse Bench, to have Judges from different backgrounds'. For judges to come close to steering the right course they must have an understanding of the society that gives rise to the legal disputes. They must be grounded in that society. In this respect, the author argues, it is remarkable that the evolution of certain landmark judgments relating to human rights, particularly capital punishment, have been rendered by British judges, sitting and residing in England. The article, which draws on a wealth of jurisprudence, proceeds to examine the original jurisdiction of the CCJ and the role of the Bar in defending the integrity of the Court and the justice system as well as in enhancing the quality of judgments. Finally, it emphasises the need to promote Caribbean jurisprudence and access to local judgments. In this regard, it is lamented that many truly outstanding judgments of Caribbean judges do not receive the recognition they should because, if there is an appeal, they become almost automatically buried beneath the judgments of the higher court.

* This is an adaptation of an address given to the Eastern Caribbean Bar Association on 21 September 2007, in Grenada

Guyana prosecutors now allowed to appeal verdicts
Source: Associated Press Published : 2010-03-20
Legislators have approved a bill that will for the first time let prosecutors appeal verdicts and allow police to immediately re-arrest suspects in this South American country. Prosecutors can appeal all the way to the Trinidad-based Caribbean Court of Justice _ the highest judicial body for much of the region _ but opposition leaders and attorneys said they will challenge the bill. "Given the pace at which our courts work, this could mean a virtual lifetime in prison for some offenders who win their cases," opposition lawmakers Khemraj Ramjattan said Friday. The state can now appeal jury acquittals for murder, treason, sexual offenses, piracy, carjacking and drug trafficking cases, among others. Ramjattan said attorneys are researching whether such actions are allowed in other former British colonies. Legislators who approved the bill late Thursday said the state wants the right to appeal decisions in cases where there might have been trial irregularities, misdirection from a judge or suppression of evidence.

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.

Local official believes CCJ affected by political interference
Source:Dominica News Online Published: 2/22/10

Dominican Justice Irving Andre says the Caribbean Court of Justice (CCJ) has been affected by political interference, opposing the view of an official of the Caribbean law institute.

Executive Director of the Caribbean Law Institute Professor Winston Anderson last week dismissed suggestions that political interference may affect the CCJ, but Justice Irving Andre now contends there’s evidence of political interference in the court of appeal.

“There were suggestions that our own Sir Brian Alleyne did not receive the position of the chief justice on account of political observation from one of the regional leaders, and there has been for a number of years suggestions that the judicial system is not entirely impervious from influences from the political sphere,” he said.

“At this point, there is a strong narrative, suggesting based on historical evidence, that the court has not been entirely immune to that type of influence in the past,” Justice Andre underscored.

Justice Andre believes the onus is on the “powers that be” to ensure the final appeals court chosen for the region is free of political interferences.

“I think those who are making a significant contribution towards ensuring that we have a judicial system…which is second to none … and they have taken steps to try to ensure that when this thing becomes a reality that the question of political interference does not become an impediment towards the realization of justice in the Caribbean.”

Lecture - The Role of the CCJ

Source: Dominica News Online

Published 17.2.10

The University of the West Indies Open Campus Dominica, in collaboration with the Dominica Bar Association, is pleased to announce another public lecture on a topical matter in the lives of the people of the region and Dominica.

The Lecture will take place on Thursday, February 18, 2010 commencing at 6:00 pm at the Conference Room of the Garraway Hotel in Roseau, Dominica. Two distinguished academics from the Law Faculty of The University of the West Indies will make presentations on the acceptance of the Caribbean Court of Justice (CCJ) in its appellate jurisdiction. The presentations are part of a regional information effort regarding acceptance of the CCJ throughout the region.

Professor Winston Anderson will present on Dominica’s delinking from the Privy Council and accepting the CCJ in its appellate jurisdiction and Professor Simeon C R McIntosh’s presentation will be on the philosophical justification for the court. Jointly, the paper is titled, “Constitutional Authorship and the Inscription of Caribbean Nationhood: The Role of the CCJ”.

A former Dean of the Faculty of Law at the UWI Cave Hill Campus in Barbados, Professor McIntosh has taught courses in Conflict of Laws, Federal Jurisdiction, Constitutional Law, Remedies, Jurisprudence, and Constitutional Theory and Civil Procedure. He holds the Master of Laws (LL.M.) degree from the Columbia University School of Law, New York N.Y.; the Juris Doctor (J.D.) from Howard University School of Law, Washington D.C.; and the B.A. in English from York University, Toronto, Canada.

Professor Anderson in 1999 became Senior Lecturer at the University of the West Indies on indefinite tenure. He was appointed Executive Director (Ag) of the Caribbean Law Institute Centre for the academic year 2000-2001.

He was appointed to the position of the General Counsel of the Caribbean Community Secretariat on secondment from the University of the West Indies, 2003-2006. In 2006 he was appointed Professor in the Faculty of Law, University of the West Indies. Professor Anderson’s major publications include, The Law of Caribbean Marine Pollution, published by Kluwer Law International, The Netherlands, 1997; Elements of Private International Law (2003, Caribbean Law Publishers); and Private International Family Law (2005, Caribbean Law Publishers).

Following his return to the Faculty of Law in 2006, Professor Anderson was appointed Executive Director of the Caribbean Law Institute Centre, a position he holds at present.

Jamaican professor newest CCJ judge Friday, February 5th 2010 Source: http://www.trinidadexpress.com/index.pl/article_news?id=161591593

JAMAICAN Prof Charles Anderson is the newest judge of the Caribbean Court of Justice (CCJ), a release from the Regional Judicial and Legal Services Commission stated yesterday. Anderson is scheduled to replace current CCJ Judge Duke Pollard, who is due to retire on June 10. He is expected to assume duties on the day of Pollard’s departure from office. Anderson lives in Barbados and holds a law degree from the University of the West Indies (UWI) and a Doctorate in Philosophy (PhD) in international and environmental law from the University of Cambridge. He has been called to the Bar successively in England, Barbados and Jamaica. For most of his career, Anderson has been a member of the Law Faculty of the University of the West Indies (UWI). He was appointed lecturer in 1994, senior lecturer in 1999 and was made professor in 2006. Anderson spent a year as a research fellow at the University of Sheffield, between 1994 and 1995, and a year as a senior lecturer on fellowship at the University of Western Australia in 1996. Anderson is currently the executive director of the Caribbean Law Institute Centre (CLIC).

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)

CARICOM IN 'COMA'

by RICKEY SINGH

Source: Jamaica Observer

Published Sunday, January 17, 2010

EVEN as the Caribbean Community Secretariat remains intensely engaged in commendable regional humanitarian aid efforts for earthquake-devastated Haiti, the prognosis for any significant advancement in Caricom's major programmes during the first half of this second decade of the 21st century does not appear encouraging.

Indeed, with a perceived trend towards a narrow nationalism, masked in a few cases as new approaches in trade, immigration and economic policies, there lurks the danger of an undermining of the growth of a once robust regional spirit to make the Single Market and Economy (CSME) a reality.

At present, while the Caricom Secretariat is preparing for the first Inter-Sessional Meeting of Heads of Government for this year, scheduled for Dominica next month, or early March, there are serious misgivings about the way forward for the CSME -- the Community's flagship project originally targeted for inauguration in 2015.

In November 2009, one of the foremost collaborators in the regional enterprise that is Caricom, Sir Shridath Ramphal, had painfully noted in an address to a forum of distinguished West Indians in Port of Spain on "Regional Progress and Challenges" that "As with West Indies cricket, regionalism can be damaged if we forget our trust and are ruled by short-term fixes. We did not become independent of Britain to scatter our regional heritage to the winds of passing fortune. But we are being tempted to do just that, and Caricom is blowing in the wind..."

A former long-serving Commonwealth secretary general and chancellor of the University of the West Indies warned:

"The CSME has lost credibility. Shame overwhelms us as we create the Caribbean Court of Justice and cling, unwanted, to the Privy Council. If things continue to fall apart like this, the centre will not hold. Caricom is comatose; and without intensive care a coma can precede death."

Ramphal's "straws"

Asked last Wednesday (before the announcement of Haiti's earthquake disaster) whether he still felt the same way about Caricom as he did at last November's symposium in Port of Spain, Ramphal told this columnist, "Unfortunately I still do", then quickly added:

"If I am to clutch at straws I would derive hope from the recent initialling of the treaty to establish an OECS Economic Union; and the potential for deeper cooperation between Jamaica and Trinidad and Tobago, as exemplified in current negotiations involving the operations of Air Jamaica..."

At Caricom's upcoming inter-sessional in Roseau, Barbados Prime Minister David Thompson is expected to give a report on the CSME Convocation he had hosted last October.

It was an occasion when representatives of both the region's private sector and labour movement did not spare criticisms of what they continue to view as yawning gaps between official rhetoric and actions to generate public confidence that arrangements for advancing the CSME are indeed being seriously pursued.

A notable absentee from the CSME Convocation was the regional economist, Professor Norman Girvan, author of the seminal report on "Towards a Single Economy and a Single Development Vision" that outlined a "road map" for strategising and methodical implementation.

To say that Girvan has himself become disillusioned over the lack of necessary collective approaches to implement the CSME project -- unanimously endorsed by the Community Heads of Government -- would be to recall a similar discouraging example as it relates to Professor Vaughn Lewis's report on the need for a new and more effective form of governance of Caricom affairs.

Now heading towards its 37th year of existence on July 4, 2010, Caricom remains divided on how and when to introduce what leading political and economic scholars, eminent private sector executives and others regard as a necessary new administrative architecture.

At its core -- as long recommended in the 1992 report of The West Indian Commission that was headed by Sir Shridath -- could be a team of eminent Caricom nationals (either three or five) armed with executive authority and focused on systematic implementation of unanimously adopted decisions by the Heads of Government.

If it's not a case of a seeming reluctance by the Community's political directorate against sharing power with leading regional technocrats, or a preference to hide behind expedient interpretations of "national sovereignty", then the Community's leaders should come clean in 2010 on what are the main barriers to the introduction of a more relevant system of governance of Caricom.

Disappointments

Last year, when there were a lot of "special meetings" of Caricom ministers and leaders, as well as task forces with overlapping mandates, to find practical responses to the negative impact on regional economies of the global financial and economic crisis, we were told of plans for a special delegation of Heads of Government and top fiscal and economic experts to engage the international financial institutions in Washington.

Well, the year ended and no such engagement is known to have occurred.

We were also informed of an expected summit of Caricom leaders with President Barack Obama before year-end. No such meeting took place and none is yet carded for any time in 2010.

The region's people are aware of developments that resulted in the miniaturising of the once high-profile Caribbean Regional Negotiating Machinery (CRNM).

Less awareness prevails about the status quo of either CSME-readiness arrangements or the extent of progress by the special unit in the Community Secretariat responsible for implementation arrangements for the Economic Partnership Agreement (EPA) entered into with the European Union in 2008.

The first decade of the 21st century ended last year with ongoing disappointments that no progress of significance was made on the much-publicised people-focused project of intra-regional free movement, particularly as it relates to skilled Community nationals. The issue remains enmeshed in immigration controversies.

The current immigration situation in Antigua and Barbuda, for example, appears serious enough to warrant some direct action by the governments of Jamaica and Guyana with that of the Baldwin Spencer administration in St John's, as there have been repeated reports of unfair and inhumane treatment of their nationals.

At the symposium in Port of Spain on "Regional Progress and Challenges" referred to earlier, Sir Shridath Ramphal had expressed the hope that the results of that event could "help bring us (the region) to our senses...".

Alas, that hope has often been variously expressed at successive Caricom Heads of Government.

It would, therefore, be quite refreshing to see Caricom leaders demonstrate a new readiness to advance the goals of our economic integration movement at their coming 31st annual summit in July - venue is still undecided.

Hopefully this will bring closure to the multiplicity of negative features and occurrences during the second half of the first decade of this 21st century to inspire hope for a significant change, at least during the first half of this second decade when the CSME is scheduled to be operationalised.

CURIOUS JUDICIAL DEVELOPMENTS

BY RICKEY SINGH Observer Caribbean correspondent

Source: Jamaica Observer

Friday, January 08, 2010

There is a growing public concern in Barbados over the surprising disclosure last weekend of Chief Justice Sir David Simmons' decision to retire on his 70th birthday, this coming April 28.

There has been no official response as yet why Sir David, who became Barbados' 12th Chief Justice on January 1, 2002, was not given the 'conventional nod', accorded his immediate post-independence predecessors, to remain in office for an additional two years -- until age 72.

Sir David himself has declined to confirm or deny that he tendered his retirement letter last week to Governor General Sir Clifford Husbands, after failing to receive an official communication for a constitutionally permissible two-year extension he was encouraged to seek.

A former attorney general and minister of home affairs of the previous Barbados Labour Party administration of then Prime Minister Owen Arthur, Sir David told this writer: "My retirement is irrevocable; and I do not wish to bring the judiciary of Barbados into any controversy... I have noted, as an independent observer, the controversies that have involved the judiciary of Trinidad and Tobago and I certainly do not wish that to happen here."

Nevertheless, Sir David's impending retirement as a consequence of the departure from the convention of extending the tenure of a chief justice on reaching the retirement age of 70, is likely to have more than ripple effects in local and regional judicial circles familiar with his varied performances over some 32 years in the legal profession and public life.

Moreso, perhaps, in Trinidad and Tobago where the distinguished Barbadian jurist has long been expected to be a likely candidate to succeed the distinguished Trinidadian, Michael de la Bastide, as president of the Port-of-Spain-based Caribbean Court of Justice (CCJ).

Sir David had played significant roles in the establishment and inauguration of the CCJ.

The president of the Barbados Bar Association, Queen's Counsel Leslie Haynes, has told this correspondent that while the media report on Sir David's retirement came as quite a surprise, he and his colleagues would first have to acquaint themselves with the circumstances before offering a public comment.

But two lawyers often in the news, Andrew Pilgrim and Robert 'Bobby' Clarke, had no reservations in separately questioning the failure to extend Sir David's tenure and in declaring why he deserves to remain as chief justice for another two years.

Of more relevance and significance, however, was the editorial in Tuesday's Daily Nation titled 'Saluting Sir David's Services'.

Accompanied by a cartoon caricaturing the chief justice toasting "here's to my retirement", the editorial noted that his retirement announcement would have come as a suprise for those who have been expecting him to remain for an extended two years.

The editorial went on to observe that whatever may be the factor, or factors that contributed to Sir David's decision to retire, his stepping down "after a most illustrious career in the legal profession, certainly opens an opportunity for his valuable experience to be available to the Caribbean Court of Justice..."

And there, perhaps, lies the rub. Certainly for Caricom's political directorate involved in the decision-making process of approving who gets the nod as CCJ president, based on recommendations from the Regional Judiciary and Legal Services Commission (RJLSC).

The presidency is the sole CCJ appointment in which Caricom leaders are involved. When the CCJ was inaugurated in April 2005 in Port-of-Spain, de la Bastide became its first president under employment provisions that point to a retirement age at 72.

However, by 2007, according to Tuesday's Nation editorial, the provisions were amended to increase the retirement age to 75. The terms of employment of president de la Bastide were also varied "to permit him to remain in office until the age of 75.

"But", added the editorial, "this decision by the RJLSC was done WITHOUT (my emphasis) involvement of the Heads of Government."

I have been reliably informed that, without prejudice, and cognisant of the competence and integrity of President de la Bastide, inquiries are now to be made, at Heads of Government level, about the processes that resulted in the extension of the incumbent president's tenure for retirement at age 75.

It would be interesting to learn which, if any, comes first -- an official explanation on the non-extension of Sir David's tenure as chief justice of Barbados; or, the change in the age of retirement of president of the CCJ from 72 to 75 that facilitated the distinguished de la Bastide.

Guyana seeking regional support to settle cement impasse
Published - Thursday, January 7, 2010
Source: Caribbean Net News

GEORGETOWN, Guyana -- Guyana is seeking to urgently resolve the impasse with the Trinidad Cement Limited on the removal of the common external tariff on cement imported from extra regional sources say foreign affairs minister Carolyn Rodrigues-Birkett.

The Foreign Minister said Monday that the matter, which is of importance to the entire Caribbean, would be raised at the next Council for Trade and Economic Development (COTED) meeting to be held here from February 4 to 9.

The matter is high on the agenda as it can have significant negative impacts on the local construction sector if not resolved urgently.

She has raised the matter with officials from other CARICOM states who are facing similar problems with the Trinidad-based cement company.

“I have been in discussion with several of my colleagues (Caribbean Foreign Ministers) and this hopefully, will be one of the first issues to be discussed at our next COTED and Guyana is looking to have this issue resolved in such away, that our business can continue, and our construction workers would not be hindered,” Rodrigues Birkett said.

Guyanese authorities had indicated that the removal of the CET from the commodity was based on national interest since the Trinidad-based company was unable to meet the demand from Guyana and the rest of the Caribbean.

“The issue of the CET on cement found itself on many occasions in the media and is something that is very very important to us to be sorted out… it would call for cooperation and collaboration with other member states as well and we are hoping we would be able to have a reasonable agreement in this regard,” Rodrigues explained.

TCL had moved to the Caribbean Court of Justice (CCJ) against Guyana and the CARICOM secretariat claiming that the removal of CET on cement from outside the region was illegal.

The Court ruled in favour of the company last year and instructed Guyana to reinstate the tariff. Guyana has abided by the ruling but will contest the decision.

Commonwealth lawyers must ‘build on grand achievements of the past’ – Ramphal

Source: The Commonwealth.org

15 December 2009

Former Secretary-General calls for reform of Caribbean legal system during anniversary law lecture

Shridath ‘Sonny’ Ramphal, former Secretary-General of the Commonwealth, used a lecture hosted by the Commonwealth Legal Forum last week to urge reform of Caribbean judicial structures.

Sir Shridath, offering his support to the newly-established Caribbean Court of Justice, called on Commonwealth countries with links to the British Empire to drop their right of appeal to the UK’s Privy Council, a centuries-old judicial and political body, warning that failure to do so would leave them “loitering on the doorstep of colonialism”.

He said: “Now that we have created our own Caribbean Court of Justice and done so in a manner that has won the respect and admiration of the common law world, it is an act of abysmal contrariety that we have withheld so substantially its appellate jurisdiction in favour of that of the Privy Council.”

‘Language, learning and law’

During the hour-long lecture to mark the 60th anniversary of the 54-member association, on 7 December 2009 at Marlborough House, London, UK, the Guyanese former Secretary-General touched on the abolition of slavery and the founding of the modern Commonwealth.

Sir Shridath, who served as Secretary-General between 1975 and 1990, said that “language, learning and law” were the three “most precious” elements of the association’s heritage.

But, calling on Commonwealth lawyers to “build upon the grand achievements of the past”, Sir Shridath hit out at the apparent “hesitancy” of Caribbean judges, lawyers and governments to support the Caribbean Court of Justice.

Just two Caribbean countries among 12 – Guyana and Barbados – have conferred the power of appeal to the CCJ, despite all signing a 2001 treaty establishing the court, he noted.

Sir Shridath, a former Attorney General of Guyana, meanwhile called on Caribbean governments to be “assiduous in demonstrating respect for all independent constitutional bodies”.

Death penalty issue

He added that the appeal court issue was further “complicated” by the issue of the death penalty, which is maintained by a number of countries in the region. Mr Ramphal said that the Privy Council had been “rigorous in upholding Caribbean appeals in death sentence cases”.

The Privy Council

Sixteen Commonwealth member states retain the UK’s Privy Council, a British body of political and judicial advisers to the UK head of state, as their final court of appeal. Appeal cases are heard by the council’s Judicial Committee, composed of senior British judges who also sit in the UK’s Supreme Court.

He continued: “Someday the Caribbean as a whole must accept abolition of the death penalty. I believe they should have done so already, but in a situation of heightened crime in the region popular sentiment has been reflected in political reticence.”

Sir Shridath’s comments follow those of Lord Phillips, Chairman of the Privy Council’s Judicial Committee and President of the UK’s Supreme Court, who in September attacked the “disproportionate time” he and fellow judges spend on Privy Council cases derived from Commonwealth countries.

‘An ideal world’

Lord Phillips, claiming that up to 40 per cent of the judges’ time was spent on Privy Council cases, said that “in an ideal world” such countries would instead establish their own courts of appeal.

Sir Shridath said that he backed Lord Phillips’ remarks, adding: “Many a Caribbean lawyer, many Caribbean persons, and at least some Caribbean government’s welcomed [Lord Phillip’s] urging.”