Your Excellency President Max Richards and Mrs. Richards
Your Excellencies, Members of the Conference of Heads of Government of the
Caribbean Community
Justice Michael de la Bastide, President of the Caribbean Court of Justice and
Mrs. de la Bastide
Judges of the Caribbean Court of Justice
Heads of Judiciary
Distinguished Guests
Ladies and Gentlemen
The people of the Caribbean Community, the Member States of the Community and
the Caribbean Community, are today making history on three levels. Firstly, at
the level of the individual English-speaking countries which have indicated
their determination to complete their journey to independence with the
repatriation of their final appellate tribunal.
Secondly, at the level of our Community where the Caribbean Court of Justice
will provide for a strong legal institution to guarantee the rule of law. The
third level is that of the Caribbean Community's inestimable contributions to
the processes of economic regional integration worldwide. And, linked to that,
our contribution to the progressive development of international law by the
structure and jurisdiction of the Caribbean Court of Justice.
Today, the people of the Community are active participants in this
inauguration, as the ceremony is being broadcast live. This is merely an
extension of the process over the past four years in which there have been
public discussion and informative exchanges about the Court in all the Member
States. We are aware that given known resource constraints more needs to be
done.
Notwithstanding the constraints, and as a part of that process of education,
a Manual for the CCJ for the use of Teachers in Secondary Schools across the
Community has been prepared and will be distributed to Ministries of Education
shortly.
It is the fervent desire and confident expectation of the Members of the
Conference, Mr. President, that the administration of the Court will continue
that process of educating our people about this vital institution.
This process of education and consultation has already led to the forging of
links between the legal academic community in Suriname and the University of the
West Indies. Our legal academics are acutely aware of the need for a new kind of
legal education in this new dispensation.
The legal profession across the Region already knows that they will have to
rise to the challenge, particularly in ensuring the vindication of the rights of
CARICOM nationals before the CCJ. It is public knowledge that Law Schools and
persons within the legal profession outside of the Region are busily acquainting
themselves with the Revised Treaty and the CCJ in particular.
The CCJ is an entity sui generic. The Community has placed on the
international stage a judicial tribunal which is at one and the same time a
municipal court of last resort, as well as an international judicial tribunal to
authoritatively interpret and apply the Revised Treaty of Chaguaramas
Establishing the Caribbean Community, including the CARICOM Single Market and
Economy. The achievement is even more remarkable given the composition of the
membership of the Community.
There are Independent States, there is one Dependent State, there are several
Common Law countries and two Member States with history and tradition of Civil
Law and there are three distinct languages.
This will be a major challenge for the Caribbean Court of Justice and its
judges, in setting the example how to bridge differences and pull them together.
Excellencies,
The Members of the Conference of Heads of Government of the Community have
sought to keep faith with the people of the Community. We have listened closely
to the anxieties expressed about the independence, integrity and financial
sustainability of the Court. We have deliberately removed ourselves and our
Governments almost completely from the process involving the appointment of the
president and are completely uninvolved in the appointment of the Judges.
This is a historic first for the appointment of judges at any level,
municipal, regional or international.
On behalf of the Conference of Heads of Government, I have the honour to
affirm and pledge to the people of the Community, to the President and Judges of
the Court that we will scrupulously and at all times respect the independence of
the Court and thus sustain its integrity.
The Members of the Community have also set off a small revolution in the
financing of judicial tribunals with the establishment and capitalization of the
Caribbean Court of Justice Trust Fund. The Member States of the Community are
the Members of the Fund, but we have not sought to have even one governmental
representative on the Board. You have our solemn undertaking that we will carry
out our responsibility to the Fund as set out in the Revised Trust Fund
Agreement.
We know there will be challenges as the Court interprets and applies the
Revised Treaty. We are confident that there will be a jurisprudential marriage
of the Common Law with the Civil Law and, as has happened in the European Union,
our Community, particularly the Single Market and Economy will be the
beneficiary. This means that our people, the economic actors in the Community
will benefit.
Suriname, one of the two CARICOM Member States with a Civil Law System, will
closely observe the development of the Appellate Jurisdiction of the Court, and
will sometime in the future decide whether it wishes to add a third tier to its
judicial structure. The Supreme Court of Canada already offers a worthy
precedent of a final court that has to deal with both the common law and civil
law.
On behalf of the Conference of Heads of Government, please allow me to
express our sincerest gratitude to all those who have worked to make this day
possible. The thanks you all will receive reside in the surety that your efforts
have brought fulfillment to the doorsteps of the Caribbean peoples and the rule
of Law to our Community of States.
Excellencies, Ladies and Gentlemen,
Let us build an independent future for ourselves.
Thank you.