At the Meeting of the Conference of Heads of Government in Georgetown, Guyana in July
1986, the then Prime Minister of Barbados, the Rt Hon Errol Barrow, asserted that it was
the "collective wisdom" of the Caribbean people that would make for unity and
integration within the Community. He was however, adamant that:
"the promise of the regional integration movement, even in the area of trade,
cannot be realised unless we find new ways of communicating to our people the meaning and
purpose of all our regional institutions"
When those words of admonition fell from the lips of Prime Minister Barrow the
information age had not yet reached full bloom to become the signature of the era . The
imperatives of the information age now beckon us to make full use of the processes that
are present and available to give life and substance and strength to that visionary
reminder.
In the lengthy march towards establishing our own final appellate tribunal here in the
Caribbean, we have now arrived at a plateau. The signing of a framework Agreement to
advance on a structured and measured basis now signals a settled intention on our part to
have our constitutional arrangements and our constitutional discourse drive us to shape
the kind of community that we wish to create for ourselves.
So that, CARICOM's first definitive step on the journey through the 21st
Century has not only evidenced the signing of a document, highly symbolic and
determinative though that might be. It heralds, at long last, the process towards our
self-definition being placed squarely on the table; confidence in the steel of our
strength tempered by the fire of our struggles through the centuries being once more put
to the test; closing the chapter on reliance on the Great Imperial Court of the British
Empire now being firmly placed within our collective grasp.
And since the initiative is, in truth, being taken for the emotional, social and
economic upliftment of our young people and those who will come after them, Prime Minister
Barrow has told us that for them to feel themselves connected to the process in what is,
in essence, a cultural search, they must be informed in a coherent manner of what the
Institution of our own final appellate tribunal will stand for in that search.
We are obliged to speak to our young people directly; to the children of independence.
For it has not escaped us that there is a real difference in the perspective of
pre-independence as against post-independence Caribbean people. Pre-independence persons
see the abolishing of appeals to the Judicial Committee of the Privy Council as a natural
progression towards closing the circle of independence.
For the children of independence however, it is more a case of how they can be a part
of, and be connected to, the new Institution that is proposed.
The signing of this Agreement, though a significant development, does not pre-empt the
options of the signatories. As a matter of law, it does not and cannot be an irrevocable
commitment to the conclusion of a process. Signatory States are required to ratify the
Instrument in order to establish their consent to be bound thereby. Furthermore, even
those who ratify have the option of entering a reservation to the appellate jurisdiction
of the court. What this suggests is that the Court is indispensable for the successful
operation of the CARICOM Single Market and Economy, and in respect of which all States
have to be on board.
It is perhaps ironic that these Closing Remarks relate to a signing ceremony which
marks the commencement of an historic process to complete the constitutional arrangements
of the Member States of the Caribbean Community, initiated by the attainment of
independence by Jamaica in 1962. So we move to re-shape our world as suggested by
Professor Simeon McIntosh. He maintains that:
"Constitutional interpretation has a great symbolic importance; it is a public act
of self definition. With our independence, we acquired the authority to define ourselves
as a community. The hope is that with a Caribbean Court, we would be forced to
re-construct our discourse, to re-shape our world, much in line with what our poets and
novelists have already begun. The Caribbean Court must be the centre of our discursive
advancement towards the development of our juris prudence. For the ground of the battle in
constitutional adjudication is a fundamental conceptual debate about the way in which
Caribbean life is to be constituted, lived and justified:"
For my own part, I consider myself profoundly privileged to be a part of this journey,
for it is the means by which our civilization might ultimately come to be judged.
We take this opportunity to pay public tribute to the legal unit at the CARICOM
Secretariat, the various parliamentary counsel and Registrars of Member States, the legal
fraternity and members of Civil Society who have assisted immensely in the preparation of
the Agreement just signed and the several draft supporting Instruments, and for their
commitment to the process.
The Caribbean Court of Justice is meant to be one of the main pillars upon which the
peoples of the Caribbean must build their process of growing up, of working and reaping
together.
Let us, therefore, to the task.