CARICOM Chief Magistrates to meet here this weekend
By Chamanlall Naipaul
Guyana Chronicle
January 23, 2003

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THE Caribbean Community (CARICOM) Secretariat will be hosting a two-day conference of Chief Magistrates of member states this weekend in Georgetown as part of its programme to prepare and educate members of the judiciary on the ensuing establishment of the Caribbean Court of Justice (CCJ).

The conference will be held under the theme `The Magistracy and the Caribbean Court of Justice: Challenges, Prospects and Opportunities for Judicial Enhancement'.

At a press briefing hosted by CARICOM yesterday at the Guyana Court of Appeal, Georgetown, Chancellor of the Judiciary, Ms. Desiree Bernard noted the importance of such a conference in educating members of the judiciary on the structure and functioning of the CCJ which is about to be established.

She expressed optimism on the successful outcome of the CCJ, observing that the idea has been around for quite some time, and dispelled fears that matters taken to the court might take a long time to conclude as has been the situation in the local courts of some CARICOM states.

The Chancellor explained that the CCJ would not be burdened with having to deal with evidence as in the lower courts.

Instead, it would be a case of determining where the legal procedures and arguments went wrong, and that should not be a lengthy process, she said.

"I do not anticipate, at all any delays," she reiterated.

Ms. Bernard said engagements at the conference will enhance discussions on issues of standards and rules of procedure in the legal systems of CARICOM member states, noting that in Guyana rules of procedure have not been amended since 1955.

She also expects the forum to help facilitate closer cooperation between legal personnel in the Caribbean, which hopefully could lead to an exchange of such personnel to give support to those states which are deficient in this area.

CCJ Project Coordinator, Mr. Sheldon McDonald told reporters that most member states have ratified the treaty on the establishment of the CCJ as an alternative to the Privy Council of London, as a final appellate tribunal.

He also stressed the critical importance of the CCJ to the Caribbean integration process, especially in the context of the Caribbean Single Market and Economy (CSME).

On the issue of the financing of the court, McDonald said the establishment of a Trust Fund was being addressed and the proposal will be taken to the Board of Directors of the Caribbean Development Bank (CDB) for consideration on February 14 this year.

He also expressed optimism on the outcome and is hoping that the court would be inaugurated during the second half of this year.

During last year CARICOM had indicated that the principle upon which the CCJ will be financed had been agreed upon by member states and the mechanics and sourcing of funds were being pursued.

It also reported that the CDB, which has a `Triple A' standing in the international financial community, has been tasked with the responsibility of raising US$100M to be used as a Trust Fund from which earnings will go to finance the operations of the court.

The cost of running the operations annually is estimated at US$5M.

Repayments for the US$100M raised by CDB will be done in accordance with arrangements that will be worked out with the individual governments.

Legal Consultant to CARICOM, Mr. Duke Pollard, responding to a query about Haiti and Suriname, whose legal systems are different to their English-speaking counterparts, acceding to the CCJ, said there was no problem with that as the rules of international law are applicable to the court.

The first meeting of the National Coordinators for the establishment of the CCJ was held at the CARICOM Secretariat in Georgetown on January 12 of this year.

During the meeting, coordinators were urged to create programmes that are suitable to the needs of their respective countries, the secretariat said.

They were also reminded that there are certain matters which have to be tackled with alacrity.

The role of the National Coordinators is regarded as being critical to the establishment of the CCJ given their responsibility for ensuring the implementation of commitments at the national level, the secretariat said.

Additionally, it said, the National Coordinators are charged with ensuring that the programme of public education is effectively undertaken in member states.

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