CCJ, integration force?

The Chief Justice of Belize, Abdulai Conteh, has advanced the interesting point, that the planned Caribbean Court of Justice could become one of the prime forces of regional integration and cooperation.

It is interesting that the argument should have been put forward, not by one of Caricom's Heads of Governments and/or leading politicians, but rather by the head of the Judiciary of one of the member units of the Caribbean Community. Nonetheless, it is no less thought provoking than had it been promoted by a Head of Government. It is a non political statement, which recognises the Caribbean Court of Justice as a factor for regional integration.

Mr Conteh's point with respect to the CCJ has added to the list of groups which have been identified as being among those who have contributed to and/or are necessary for the regional integration process — the West Indies Cricket Team, the Caribbean business community, the demonstrated will of the Region's political leaders, free movement of Caribbean citizens within the Region, and the implementation of the Caribbean Single Market and Economy.

The Belize CJ's argument deserves close study by Heads of Government, who have proverbially dragged their collective feet for years on the question of establishing the Caribbean Court of Justice as the Caribbean Community's final Court of Appeal, replacing the Privy Council for long associated with our old colonial links with the United Kingdom. No one had effectively placed this argument before in the public domain that a final Caribbean Court of Appeal could become one of the prime movers of regional integration and cooperation. The closest to the Belize CJ's argument was contained in Resolution 6, which referred to "a form of a.....federal judiciary most likely to give effect to the aspirations of the people...."

It never specifically spoke, however, of a Court to replace the Privy Council as the final Court of Appeal in the event of a Federation. In 1956, two years before the birth of the Federation of the West Indies, the British Caribbean Federation Act, which grew out of the decisions of the final federation conference, this one held in London, merely referred to the providing of a Federal Supreme Court, which though it would be an Appeal Court would still not be the final one.

Caribbean leaders, since the 1962 breakup of the West Indies Federation, although the issue of a Caribbean Court of Justice has been raised on several occasions at Caricom Heads of Governments Meetings, have failed to bring it to reality. Several have expressed reservations, preferring to remain with the Privy Council, either because of the cost factor, or because they presumed that the English speaking Caribbean did not possess enough judges of "the calibre" of those of the Privy Council.

The calibre bit was born of a complex rooted in the Region's colonial past. Hopefully, the statement of the Belize Chief Justice will encourage a rethink, and take the establishment of the Caribbean Court of Justice nearer to reality.