The time is now for the Caribbean Court of Justice
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By Mrs. Jackie Wiltshire-Forde
Guyana Chronicle
April 25, 2003

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AS EARLY as 1970, when the Sixth Meeting of the Heads of Government of the Caribbean Community (CARICOM), held in Kingston, Jamaica, first raised the issue of a Caribbean Court, it showed uncanny insight into a growing need to develop and strengthen indigenous systems and institutions to meet new and emerging challenges. But like any other idea, it had to wait until its time had come. For the Caribbean Court of Justice (CCJ), without a doubt, that time is now.

And yet, even as I say that, I am very conscious of some of the questions being asked. A Caribbean Court of Justice? In real, simple practical terms, what has that got to do with me, just an ordinary citizen, struggling, as we all are, in these difficult economic times. How will that make my life or that of my children any better? Why are we putting preciously scarce resources into yet another institution when some of the ones we have now cry out for review and financing? Anyway, how do we know that he who pays the piper does not call the tune?

Well, first of all, in the eyes of the Caribbean Community, there is really no such thing as “just an ordinary citizen”. Each CARICOM person, every man, woman and child, of each Member State, no matter where they are, what they do, what their aspirations are - each one is special and deserves the best quality of life the region, no that the world, has to offer. And it is part of the responsibility of the still evolving Community to ensure the environment to nurture each one of those citizens towards his/or her potential. That is the underlying philosophy of the CARICOM Charter of Civil Society, and the promise of the CARICOM Single Market and Economy (CSME). These are the priorities of the Community at this time: implementing a set of acceptable standards to encourage an environment of good living (health, education and poverty alleviation, crime reduction and good governance) - and of course cementing the basis of economic prosperity in the face, for example, of World Trade Organisation (WTO)- led philosophies, and a pending Free trade Area of the Americas (FTAA).

And in both those very assertive strategies (the CARICOM Charter of Civil Society and the CSME) for this Region to find its own brand of prosperity within the increasingly difficult context of globalisation, the CCJ is not just another CARICOM institution. As a Court, which best understands our culture, thinking, living and ways of doing business; it is a requisite of success. Without it, where really is ultimate legal authority and administration of justice? Any anyway, who interprets that justice?

To grow our own prosperity, the Caribbean Community revised its establishing Treaty to define the CSME. In its original jurisdiction, as an international Court, the CCJ will be a worthy investment, as custodian of the integrity of the CSME and interpreter of its provisions. As a Court of last resort it will reflect the values that we promote as a Community, now 30 years into the making.

So, as we try to move our societies forward in many different ways, as we strive, amidst all the many challenges of these times, to preserve and promote our Region as a worthy legacy for this and succeeding generations, the people of CARICOM will continue to work out the legal and logistical arrangements to bring about, in a time not too distant from now, our own CCJ. Perhaps the real worry is - what if we do not do it? What if we do not catch this moment? The Caribbean Court of Justice or not? These are the facts…now you be the judge.

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