Wanted -- a CARICOM check-list
.. on CSME, CCJ, ICC
Analysis by Rickey Singh
Guyana Chronicle
June 29, 2004
AS CARIBBEAN Community Heads of Government prepare for their 25th regular annual summit next week in Grenada, it is to be hoped that the peoples of the region can benefit from some precise information on a range of important issues, such as:
*The basis for possible involvement of the interim Haitian regime in Port-au-Prince in the business of the community;
*The status of readiness by member states for the inauguration of both the Caribbean Single Market and Economy (CSME) and the related institution of a Caribbean Court of Justice (CCJ); and
*A check-list on where each community government currently stands in support of the jurisdiction of the International Criminal Court (ICC).
Let us deal with the ICC first, the immediate relevance of which has resulted from last Wednesday's (June 23) sudden abandonment by the George Bush administration of its effort to secure renewal of the United Nations Security Council resolution to extend immunity from criminal prosecution by the ICC of Americans serving on UN peacekeeping missions.
The United States of America has been pressurising governments in this and other regions of the world into signing bilateral "non-surrender" agreements under Article 98 of the ICC Treaty.
Such agreements facilitate exemption from extradition of American nationals required by the ICC to face prosecution for war crimes, genocide and crimes against humanity.
A year ago, as CARICOM leaders were meeting in Montego Bay for their 24th summit, the Bush administration announced the blacklisting of six community states that would no longer receive U.S. military assistance because of their failure to comply with a July 1 deadline for entering into bi-lateral agreements to exempt Americans from extradition if required for criminal prosecution by the ICC..
U.S. 'BLACKLIST'
The blacklisted countries were: Antigua and Barbuda, Belize, Barbados, Trinidad and Tobago, St. Vincent and the Grenadines and Dominica. Since then, Antigua and Barbuda, Belize and Dominica have complied.
Other community partners, like Jamaica, Guyana, St. Lucia, Grenada, St. Kitts and Nevis, The Bahamas and Suriname, were not blacklisted because they were at various stages in completion of their respective arrangements for recognition of the jurisdiction and sovereignty of the ICC -- to which the Bush administration remains opposed.
The U.S. had earlier obtained, under duress, a UN Security Council resolution granting immunity from ICC prosecution of Americans serving on UN peacekeeping missions.
However, with the expiry of that UN Security Council permission due to end tomorrow, and troubled by the exposures of widespread torture and degradation of Iraqis by U.S. troops, the Bush administration became aware that it may not succeed, this time around, in securing the immunity it needs for its nationals on UN peacekeeping missions.
UN Secretary General Kofi Annan, who was always opposed to the granting of such immunity, had warned some nine days ago that renewal of such an exemption would discredit the world body's claim to represent the rule of law, especially against the backdrop of the prisoner abuses scandal in Iraq.
"Blanket exemption is wrong. It is of dubious judicial value and I don't think it should be encouraged by the Security Council...", said Annan.
Now that the U.S. has dropped its move for UN extension of immunity from ICC prosecution, in the face of strong opposition among Security Council members, the question is whether it intends to apply selective pressures on individual countries to sign "non-surrender" agreements to avoid extraditing Americans wanted for criminal prosecution.
Or will the Bush administration be now disposed to extending "presidential national interest waiver", as empowered to do, and avoid forcing nations in this and other regions to enter into the so-called "non-surrender" provision of Article 98 of the ICC Treaty?
What we in the Caribbean Community need is a check-list on which of our governments have both signed and ratified the ICC Treaty; signed but not ratified; entered into bilateral non-surrender agreements with the U.S. or about to do so; and those, few as they may be, that have, to their credit, refused to joint with Uncle Sam in an arrangement that undermines the jurisdiction and influence of the ICC.
CSME, CCJ, HAITI
On the issue of activating Haiti's involvement in the councils of CARICOM while an interim regime continues in Port-au-Prince, the community leaders would be expected to demonstrate consistency in ensuring that effective and transparent arrangements are in place, and not undermine their own original stand against legitimate, constitutional governance being replaced by armed rebellion, violence and chaos.
The community's people must not be hoodwinked into appeasing an interim Haitian regime and its backers in Washington and France.
They need to be provided with precise information on the conditionalities for any decision to permit the regime of Gerard LaTortue to occupy Haiti's vacant seat in the councils of CARICOM pending new and internationally supervised presidential and parliamentary elections.
Also required is a statement with precise details on the status of CARICOM's preparedness for the inauguration of the CSME and CCJ.
Growing doubts continue to be expressed that neither arrangements for the single market component of the CSME, nor even for the CCJ's original jurisdiction in interpretation of the CARICOM Treaty are likely to be completed by year end by all member states to meet a 2005 operational deadline.
Latest expression of disappointment with the pace of CSME-readiness has come from a leading regional technocrat who is integrally involved with CARICOM's business. He is Richard Bernal, Director General of the Caribbean Regional Negotiating Machinery (CRNM).
Bernal has sounded a warning that the timeline may not be met for the CSME's 2005 deadline and stressed that this could adversely affect the region's external trade negotiations.
Nor is news on the CCJ front very encouraging with a number of community partners yet to enact legislation for the regional court which is vital for the functioning of the CSME.
A check-list on the status quo of CSME and CCJ-readiness seems, therefore, quite relevant for the coming CARICOM summit --- without the customary rhetoric and fluffy assurances.
The challenge also extends to how the community intends to do business with the interim Haitian regime in the face of growing complaints by ex-President Aristide's supporters of exclusion from the political process and the arrest at the weekend of former Prime Minister Yvon Neptune on charges of murder.