…the CCJ
The good citizens of Grenada and Antigua just voted – in separate referenda – to reject the CCJ as their final Court of Appeal in criminal and civil matters. They’d rather continuing taking their appeals to the Privy Council of Britain, thank you!! Grenada had already done this few years ago…and was followed by St Vincent’s rejection back in 2011. So, what does this say about the CCJ when only four Caricom countries – Guyana, Barbados, Belize and Dominica – have accepted its appellate jurisdiction?
Well, that 9 of the 13 members of Caricom that were colonised by Britain and ruled for hundreds of years under slavery and indentureship feel justice will be more fairly dispensed by the British Judiciary!! And it’s not as if the idea of a Regional Appellate Court is a new one: even British members of the Bar – and of the Privy Council even! – over the years have advocated for one. It didn’t take a rocket scientist to figure out the reason for their stance: in law, context is always a major factor in reaching decisions on matters before a court – and who but local jurists would appreciate local context more?
When Caricom was in its formative stage in 1970 – led by Jamaica, there were proposals from locals to establish a Caricom Appellate Court. They might’ve been making up for breaking up the WI Federation when they voted out in a referendum in 1962. But ironically, when the CCJ was finally launched in 2005 in the wake of the Caricom Single Market and Economy, Jamaica stood determinedly aloof – as did its fellow heavyweight Trinidad!
All the members of Caricom, of course, accept the CCJ’s ORIGINAL jurisdiction to interpret the Treaty of Chaguramas – it’s the final appellate power they balk at. And the question, once again, is why? Well, from our experience in Guyana since 2005, it’s not hard to figure the answer to that question. It’s not just a matter of jurists not being respected in their own countries – but the quality of some of the judgements coming out of the CCJ.
While the old positivist, scholastic and exegetical approach to law might’ve worked for the British, because they wanted the law to be whatever they wanted, West Indians intuitively reject interpretations that go against their own reading of “what ought to be” for their own good. The fear is the excruciating contortions that the CCJ sometimes engages in on sensitive cases – especially when it concerns constitutional issues – is unduly influenced by the old “buddy system”.
The Privy Council – with no skin in the game – is seen to be more impartial.
Maybe it’s time Guyana takes another look at the CCJ??
…army discipline?
Maybe it’s not only the British Privy Council that might be seen as more solid than its autochthonous version – the CCJ – but also our “Disciplined Forces”. It’s rather shameful to read about all the dodges being practised by so many high-ranking officers of the GDF. Last year these officers racked up $10.6 million in fuel and lubricants – with one officer’s Mark X alone guzzling $3 million – or $256,000 per month!! So imagine the games that might’ve been played with the $569 million – more than HALF A BILLION DOLLARS – that the rank and file paid for fuel!!
When we were granted independence, the Disciplined Forces were promoted by Burnham as a “modernising” force. They were supposedly steeped in discipline – and along with the Civil Service – would provide the example to framework for our development as a nation. Sadly, Burnham threw out the British-trained officers – and their stress on loyalty to the State.
The personal loyalty Burnham demanded involved shooting civilians and stealing elections.
From there, stealing gas is practically honourable!!
…the world’s slap on the wrist
As your Eyewitness predicted, the developed world’s always short attention span has allowed the murder of Journalist Jamal Khassoghi to fade from the headlines.
Saudi Crown Prince MbS (!) just thumbed his nose at them, touring the realm with his father, the King!
