It has now been seven years since the Caribbean Court of Justice (CCJ) was officially established. However, this was after a long gestation period since the idea had been bandied about since the 1970s. The Court came into existence despite the fact that not every Caribbean citizen had bought into the hype.

The Caribbean Court of Justice is touted to be the replacement for the UK Privy Council, which is currently the Caribbean’s court of last resort. So far twelve islands have signed the agreement, namely, Antigua & Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, St. Kitts & Nevis, St. Lucia, St. Vincent, Suriname and Trinidad & Tobago.

One of the main problems that Caribbean nationals have with the Caribbean Court of Justice is a fear that poor, black Caribbean males will not find justice at the doors of the CCJ. As noted Jamaica journalist, Morris Cargill, said in relation to the establishment of the CCJ, “Distance lends enchantment, and the English Privy Council has the advantage of a kind of distance impartiality, which would be beyond the reach of any small West Indian island.”1 Cargill is not alone in this belief that the distance that separates Caribbean islands from the UK Privy Council is a good thing, and ensures that justice is not only seen to be served but will be served. William W. Watty gave his own views as to his reasons for not jumping on the CCJ bandwagon. He stated, like Cargill that “Not even the most ardent protagonists for a Caribbean Court of Justice will dispute that the Privy Council, with both the advantages and the limitations of distance, has guaranteed strict impartiality in the administration of justice.” I agree with this statement and believe that this is the genesis of the doubts that the average West Indian have about the CCJ.

Journalist, Ricky Singh in the Jamaica Observer, dated December 2, 2007 said that “…all (Caribbean nations) except Barbados and Guyana are yet to show any real interest to sever ties with the Privy Council and access the Caribbean Court of Justice as their final appellate institution.” Most poor, black Jamaicans see the hands of justice as being very heavy when it comes to low-income people and are therefore less inclined to feel that justice will be delivered by their own.

It has been a while since there has been discussion about the CCJ and many people, I

am sure, are sighing with relief. However, it is just a matter of time before it is once again a topic of hot debate, especially in light of last month’s promise by Jamaica’s Leader of the Opposition, Portia Simpson Miller that her party, the PNP (People’s National Party) will be “…looking closely at this”, referring to the CCJ and the ruling JLP (Jamaica Labour Party) promise to hold a referendum so that the Jamaican citizenry can make the decision. The PNP wanted to make the change from the Privy Council while they were in power but were stopped by the JLP.

In truth, the JLP was never keen on a CCJ in the first place, and with the withdrawal in mid-March of support for it by St. Vincent & the Grenadines opposition party, one is left to wonder if it will ever fully come to fruition. Leader of the St. Vincent & the Grenadines opposition party, Arnhim Eustace in explaining the decision to withdraw, stated “I think I want to see some further movement in relation to the issue of political involvement and what role the political directive can play.” The only two Caribbean nations that have displayed any form of commitment to the Caribbean Court of Justice are Barbados and Guyana.

So the question remains, ‘‘whither the Caribbean Court of Justice?’’ While we wait for an answer, countries who can still afford it are spending millions in maintaining the CCJ, although they are not using it.

by Jessica McCurdy Crooks