Guyana National Assembly to debate CCJ Bills

Tuesday, November 2, 2004

GEORGETOWN, Guyana: Four Bills to enable Guyana to participate in the Caribbean Court of Justice (CCJ) will have their second reading when the country’s National Assembly meets on Thursday. 

These are the Caribbean Court of Justice Bill 2004, the Protocol to the Agreement Establishing the Caribbean Court of Justice 2004, the Protocol of the Privileges and Immunities of the Caribbean Court of Justice and the Regional Judicial and Legal Services Commission Bill 2004 and the Caribbean Court of Justice Trust Fund Bill 2004.

The Bills were presented for first readings at the first post-recess sitting of the Assembly on October 21, 2004.

The Caribbean Court of Justice Bill will bring into the force of law, the Articles of the Agreement Establishing the CCJ in both its appellate and original jurisdiction.

Under the original jurisdiction, the CCJ will be empowered to interpret and apply the Revised Treaty of Chaguaramas including the Caricom Single Market and Economy. The CCJ will supersede the Court of Appeal as the final court of appeal in Guyana.

Under the provisions of the Bill, the CCJ would have no jurisdiction in relation to any decision of the Court of Appeal which was made before the coming into force of the Act.

The CCJ will have compulsory and exclusive jurisdiction to hear and determine disputes concerning the interpretation and application of the Revised Treaty, and also to issue advisory opinions concerning the interpretation and application of the Treaty, at the request of Guyana. 

The legislation will enable residents of Guyana and companies registered or incorporated there, to appear before the Court. 

Under the Protocol on the Privileges and Immunities of the Caribbean Court of Justice and the Regional Judicial and Legal services Commission Bill, official communications of the Court and the Commission shall enjoy the same treatment accorded to any other international organisation.

Judges and officers of the Court and members of the Commission shall be accorded the same immunities as diplomats. 

Counsel appearing in proceedings before the Court shall enjoy inviolability of all documents, immunity from arrest and exemption from immigration restrictions.

The Caribbean Court of Justice Trust Fund Bill will enable the implementation of the Agreement for the establishment of the CCJ Trust Fund and the purposes connected with it.

It sets out the structure of the Fund, the composition and functions of the Board of Trustees for the Fund, juridical personality and legal capacity, privileges and immunities.

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