‘Let the CCJ be our final court’

WESTERN BUREAU:

Barbados Prime Minister Mia Amor Mottley is urging all Caribbean nations to fully embrace the Caribbean Court of Justice (CCJ) by making it their final appellate court, saying it is a matter of sovereignty, security, and generational transformation.

Mottley, who was speaking at the ongoing 49th Regular Meeting of the CARICOM Heads of Government in Montego Bay, St James, wants regional leaders and citizens to act with resolve.

“It would be remiss of me not to salute Winston Anderson, the new president of the Caribbean Court of Justice. And may I say, the president of my own final Court of Appeal in Barbados,” said Mottley, in referencing her country’s adoption of the CCJ in both its original and appellate jurisdictions.

Justice Anderson, a Jamaican, who hails from St Ann, holds degrees from The University of the West Indies and Cambridge University in England. He was sworn in as the fourth president of the Caribbean Court of Justice by Governor General Sir Patrick Allen at the Jewel Grande Resort in Montego Bay, St James, on Sunday.

Mottley, who once chaired the Preparatory Committee for the establishment of the CCJ, said the time for hesitation had long passed.

“You will forgive me, having been the chair of the Preparatory Committee for the establishment of the Caribbean Court of Justice, if I take this opportunity to once again appeal to the citizens of this region: let your governments know that there ought to be a singular purpose for the CCJ to truly become the final Court of Appeal for all CARICOM states.”

Currently, only Barbados, Guyana, Belize, St Lucia and Dominica have fully adopted the CCJ as their final court, while the majority of CARICOM nations still rely on the United Kingdom-based Judicial Committee of the Privy Council.

Mottley acknowledged that for some member states, constitutional barriers remain a hurdle, but argues that if they really want to, they should be taking meaningful steps in getting there.

“We are aware that some countries have constitutional requirements, such as holding a referendum. But this, like everything else, ought to be the subject of public education. And if we can do so, I believe we can finally start to move the needle generationally for us, recognising that this ought to be our final appellate court,” she said.

Mottley also argued that the broader realities facing small island developing states should compel deeper regional integration, not just in trade and diplomacy, but in justice and legal independence.

“Our reality as small states is not only to be taken into account when the WTO (World Trade Organisation) and the need for special and differential treatment, or international financial architecture that requires us to move away from the reality of assumption with historic per capita GDP, and not understanding the vulnerability of our countries as small states - but our small vulnerable states must be taken into account with respect to our Caribbean jurisprudence,” she noted.

Mottley was particularly forceful when addressing the implications of delayed justice and lack of finality in the court system, especially concerning issues of crime and community safety.

“We must address matters of citizenship security, especially those involving individuals charged with serious offences who continue to walk freely in our communities and, in some cases, reoffend with impunity,” she declared. “Our legal system must respond to these challenges with a strong, trusted, regional final court.”

Mottley’s remarks received wide applause in the plenary hall, underscoring the growing support among CARICOM leadership for regional solutions to regional problems.

While not naming specific countries, Mottley’s appeal struck a chord among leaders and legal professionals attending the three-day summit. Several sources close to the Jamaican delegation noted that Prime Minister Dr Andrew Holness had taken note of the address and signalled a willingness to “reopen the public conversation” around Jamaica’s final appellate court.

albert.ferguson@gleanerjm.com