Jury still out on CCJ in Antigua and Barbuda
Prime Minister of Antigua and Barbuda Baldwin
Spencer (left) in conversation with Prime Minister of
Jamaica P. J. Patterson. Photo: Maurice F. Merchant
Thursday, July 8, 2004
ST GEORGE‘S, Grenada: “The jury is still out
on the Caribbean Court of Justice,” were the words used by Prime Minister of
Antigua and Barbuda to describe his country’s views on the establishment of
the Caribbean Court of Justice. Prime
Minister Spencer while addressing the Opening Ceremony of the CARICOM Heads of
Government Meeting in Grenada this week said that the majority of Antiguans
and Barbudans are fearful of losing the right to appeal to the Privy Council;
which has handed down landmark decisions in a number of cases including those
dealing with freedom of expression. “Three
landmark Privy Council decisions, all arising from constitutional motions,
leave lingering doubts in large numbers of the Antigua and Barbuda population
about the wisdom of abandoning what many see as the protection of the Privy
Council,” the Prime Minister noted. He
outlined that each of the Privy Council judgments found that unanimous
decisions of our Court of Appeal were fatally flawed. “Many Antiguans and
Barbudans, perhaps a majority of my compatriots, see these judgments as
definitive cases against transfer of final appellate jurisdiction to the
Caribbean Court of Justice,” Prime Minister Spencer pointed out.
The Prime Minister also outlined that he is yet to be persuaded that the
Government of Antigua and Barbuda can avoid formal action to achieve national
consensus on the issue of the Caribbean Court of Justice. He said that in
seeking national consensus on the CCJ certain Caribbean Governments might have
to develop new relationships with opposition leadership in the region.
In relation to matters surrounding establishing the CCJ as the Original
Jurisdiction; the Parliament of Antigua and Barbuda will on Thursday consider
a number of Agreements and Protocol for ratification.
The Attorney General Mr. Justin Simon will table for ratification:
-
The Agreement Establishing the CCJ and
related Instruments
-
The Protocol to the Agreement Establishing
the CCJ relating to the Judicial Personality and Legal capacity of the Court
-
The Protocol on the Status, Privileges and
Immunities of the CCJ and the Regional Judicial and Legal Services Commission
and
-
The Agreement Establishing the CCJ Trust
Fund.
Additionally, Attorney General and Minister
of Justice and Legal Affairs will introduce the Caribbean Court of Justice
Bill for the first reading.
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