There is a certain irony in how the long-running debate over Trinidad and Tobago adopting the Caribbean Court of Justice (CCJ) as its final court of appeal has recently re-emerged.
It stems from the Government’s belief that T&T was excluded from deliberations on the reappointment of Caribbean Community (Caricom) Secretary General Dr Carla Barnett at the Heads of Government meeting in St Kitts and Nevis earlier this year. That concern led Prime Minister Kamla Persad-Bissessar to publicly challenge the decision before proposing at this week’s Caricom summit in St Lucia that the matter be referred to the CCJ for an advisory opinion.
That proposal, which was agreed to by Caricom Heads of Government, raises an obvious question: If the T&T Government has confidence in the CCJ’s ability to rule fairly on a politically sensitive matter involving Caricom’s highest administrative office, why is there still reluctance to embrace the CCJ as T&T’s final appellate court?
The CCJ was inaugurated in Port-of-Spain in 2005 and remains one of the most significant regional institutions headquartered in this country. Trinidad and Tobago played a leading role in its creation and continues to be heavily represented in its governance and operations.
The court’s first president was Trinidadian jurist Michael de la Bastide. Two members of its current bench—Justices Maureen Rajnauth-Lee and Peter Jamadar—are also Trinidadians. T&T is represented on the Regional Judicial and Legal Services Commission, which appoints judges and oversees the court’s administration, and holds two seats on the CCJ Trust Fund.
That trust fund, capitalised with US$100 million at the court’s inception, was designed specifically to guarantee the institution’s independence from political interference by providing permanent financial security. Trinidad and Tobago was the single largest contributor, supplying almost 30 per cent of the initial capital.
The CCJ exercises two jurisdictions. In its original jurisdiction, it interprets and applies the Revised Treaty of Chaguaramas and settles disputes arising under it. The referral of the issue surrounding Dr Barnett’s reappointment falls within this category.
In its appellate jurisdiction, the court serves as the final court of appeal in civil and criminal matters for member states that have acceded to it. Barbados, Belize, Dominica, Guyana and St Lucia have already taken that step.
Asked by Guardian Media this week whether T&T would now consider adopting the CCJ as its final appellate court, given its role in resolving the Barnett matter, the Prime Minister replied that further discussions were needed regarding amendments to the Revised Treaty of Chaguaramas and the CCJ’s governing documents.
Those discussions should be both urgent and brief.
After two decades of operation, the CCJ has demonstrated its independence, professionalism and judicial competence. It is financially insulated from political pressure, governed through robust regional institutions and has developed a respected body of jurisprudence.
A nation that trusts the CCJ to help resolve sensitive Caricom disputes should have little difficulty trusting it to hear its own final appeals.
