CCJ holds sensitisation session with Guyana Judiciary on Revised Treaty of Chaguaramas

During its recent itinerant sitting in Guyana, the Caribbean Court of Justice (CCJ) held a sensitisation session with members of Guyana’s Judiciary and the Bar on the Revised Treaty of Chaguaramas (RTC), which established the Caribbean Community (Caricom) and the Caricom Single Market and Economy (CSME).
Specifically, CCJ President Justice Adrian Saunders took them through an immersive introduction to the referral process prescribed by Article 214 of the RTC, and the respective roles to be played by national courts and the CCJ in that process. He said similar sessions were held in Belize and Trinidad and Tobago because, to date, no use has been made of the referral process.
Article 214 of the RTC states: “Where a national court or tribunal of a Member State is seized of an issue whose resolution involves a question concerning the interpretation or application of this Treaty, the court or tribunal concerned shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the Court [CCJ] for determination before delivering judgment.”
Listed among the CSME’s objectives are improved standards of living and work, and the full employment of labour and other factors of production. These and the other objectives of the CSME have implications for such matters as the free movement of goods, services, skills/people, and capital; the right of establishment; and the engendering of a sense of belonging within the Community, Justice Saunders noted.
He explained that, within this regime, the CCJ plays a critical role by promoting and protecting a rules-based system of integration ushered in under the RTC.
“The Court’s centrality to the CSME is grounded by, and results from, the exclusive and compulsory jurisdiction conferred upon it by the RTC in matters concerning the interpretation and application of the Treaty,” he explained.
According to him, the effect of this role is that, through the regional court’s decisions and opinions, it sheds light on, and shapes, Caricom/Community law by putting flesh on, and giving effect to, the bare bones structure of the Treaty.
While the CCJ’s competence is singular and exclusive, he said, it does not stand alone. “…there is a unique and critical role to be played by national courts and tribunals in shaping Community law. Indeed, through the referral process, national courts work with and alongside the CCJ with a view to ensuring that the full potential of the CSME is realised and treaty rights and obligations are respected and observed.”
He emphasised that with the referral process being seen as a dialogue between the national courts and the CCJ to ensure uniformity in the development, interpretation, and application of Caricom law, the significance of national courts to this process cannot be overstated.
The series of workshops is geared towards increasing awareness of the role of the CCJ, the national courts, and the legal profession in the process, and explaining the rationale and steps to be taken in realising the RTC’s referral process.
The series forms part of a project co-funded by the European Union (EU) through the 11th European Development Fund (11th EDF). While thanking the EU for partnering with the regional court on this project, Justice Saunders pointed out the need for judicial dialogue and cooperation in furthering the goals and objectives of the Caricom Single Market and Economy.
For the second time since 2014, the CCJ, headquartered in Port of Spain in the Republic of Trinidad and Tobago, sat in Guyana – from June 21-22. While in Guyana, the Court conducted a series of stakeholder engagements and sensitisation sessions to facilitate greater awareness of the Referral Process, the Court’s Original Jurisdiction, and related issues such as criminal justice reform in the Caribbean.
In a press statement, the CCJ noted that its visit serves four main purposes.
“First, it will assist in improving awareness of the Court, its work, and its significance to Guyanese society as well as the wider region. It will also give citizens of Guyana the opportunity to see their final court of appeal at work, and hopefully inspire them to be more engaged with the CCJ’s proceedings.
“Access to justice requires people to be able to see their court at work, as it encourages accountability and transparency, which in turn advances public trust and confidence.
“Conducting itinerant sittings would also allow the Court to better understand the progress, needs and challenges experienced by key stakeholders of one of its contracting parties. Improved quality of court and judicial service delivery will result from the proposed activity.”
The CCJ’s visit to Guyana came at an auspicious time in the history of the Caribbean Community. On August 1, Caricom will mark its 50-year milestone. This anniversary will be observed with a number of activities in 2023 and 2024.
Guyana abolished appeals to the United Kingdom’s Privy Council in 1970, and until the establishment of the CCJ in 2005, the local Court of Appeal was the country’s final court.
In its Original Jurisdiction, the CCJ is critical to the CSME, and all 12 Member States which belong to the CSME (including their citizens, businesses, and governments) can access the Court’s Original Jurisdiction to protect their rights under the RTC.
In its Appellate Jurisdiction, the CCJ is the final court of appeal for criminal and civil matters for Barbados, Belize, Dominica, Guyana, and Saint Lucia.