Caribbean Community (CARICOM) Secretary General Irwin LaRocque has welcomed the ruling by the Eastern Caribbean Supreme Court of Appeal that St Lucia does not require to stage a referendum before it joins the Trinidad-based Caribbean Court of Justice (CCJ).
LaRocque said that in confirming the procedure to be followed by St. Lucia to have the CCJ as its final court replacing the London-based Privy Council, the sub-regional court has set the course for the continuation of St. Lucia’s road to judicial independence as well as point the way for other countries with similar provisions in their constitutions.
LaRocque said this judgment was a seminal one in the progress towards more countries accepting the appellate jurisdiction of the CCJ.
A number of eminent jurists and the St Lucia government had sought the advice of the court to determine whether there was an error in the Constitution that would allow for certain amendments to proceed with before joining the CCJ.
“To put it simply, the question to be settled was whether governments could proceed with becoming a part of the CCJ simply by obtaining a two thirds House support or that matter should be brought to a referendum where the people could decide for themselves,” Senior Council Anthony Astaphan told reporters.
This proposal originally came before Cabinet in 2010 under the former administration following a document prepared by the Attorney General’s Chambers.
But the Kenny Anthony administration conceded most of the findings after which ministers were asked to consider whether St Lucia should accede to the CCJ as the island’s final adjudicator in both civil and criminal matters.
The Cabinet was also required to consider the constitutional and administrative arrangements for doing so.
The Eastern Caribbean Supreme Court of Appeal said that the Constitution clearly “contemplates and provides the freedom to St. Lucia to establish a court in common with other states or countries”.
Further, the court ruled that St. Lucia was empowered to enter into such an agreement on its own and the relevant Bill would not be subject to a referendum.
The Secretary-General noted that last week, Dominica’s Prime Minister Roosevelt Skerritt said that his country was proceeding to accept the appellate jurisdiction of the Court after having held national consultations on issue.
Prime Minister Skerritt said that Dominica would send a letter to the British government seeking permission to recognise the CCJ as its final court.
The Prime Minister said that the government’s resolve was to move in recognising the CCJ as the final court and “certainly this year we should see Dominica recognising the CCJ” Skerrit said.
LaRocque said “these are wonderful signs for our Community as we celebrate the 40th Anniversary of the signing of the Treaty of Chaguaramas”.
“The stature of our Court internationally is high and its considered judgements have gained it great respect,” he said, adding that the CCJ is recognised internationally.
“The systems for financing and appointment of judges were a milestone in the development of our Community, and a symbol of CARICOM Governments’ commitment to judicial independence and excellence.
“I have every confidence that the CCJ is well equipped to meet the needs of Saint Lucia and Dominica as they take these important milestone steps. The expansion of the Appellate Jurisdiction of the Court will only reinforce the sense of Community as it contributes to the development of true Caribbean jurisprudence,” he added.
The CCJ, established in 2001, serves also as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the 15-member regional integration grouping.
It has both an original and appellate jurisdiction but while most of the CARICOM member countries are signatories to the original jurisdiction, only Barbados, Belize and Guyana as signatories to the appellate jurisdiction.
Source-CMC
