With the
closing ceremony of the 27th Heads of Government Meeting of
the Caribbean Community, in Birds Rock, St. Kitts on the Seventh
July, 2006, it can truly be said - that with only half of this
year completed, the region has witnessed substantial developments
in various fields.
And whatever
anyone's political leanings may be, or however deeply felt
the concerns and misgivings may be justified - the facts remains
that what have been done or accomplished are the reality, and
we have to live with those realities, try our utmost to make
them work in the people's interest and welfare, while leaving
the final outcomes to the Almighty.
But anyone,
and that includes everyone, who may be thinking that the road
ahead, and the road-map printed out in Basetterre last week
are going to be easy riding - as regards the political, social,
judicial and developmental needs of our Caribbean people in
the future - then he/she/they had better start visiting local
Health Clinics, or Hospitals for sanity examinations or treatment.
Forty-four years after our first attempt in the region, to come
together as one Caribbean or West Indian people, failed to take
root and grow as a united and integrated single Bloc, under
the name of The West Indian (WestIndies)
Federation (1958-62) of Ten (10) Contracting Colonial States
- our Leaders succeeded in getting Twelve (12) Independent States
this time, to get back on the road towards Unity and Integration.
And since
those States had long since severed their Colonial status in
the political arena, but had retained the Judicial and Legal
ties with the Mother Country in England - (all except Suriname
& Guyana); they have now taken the requisite steps to finally
sever the last knot - towards achieving total independence and
full sovereignty, by also creating a Final Court of Appeal for
the Caribbean, and Suriname and Belize & Guyana.
Of course,
the Caribbean Court of Justice (CCJ), for Final Appeals to replace
the Privy Council in London, has only been adopted by the States
of Guyana and Barbados to date.
There are
many other abnormalities in, about, and towards the true functioning
of a united and fully integrated Caribbean Region - but we are
on the road.
And perhaps
those who still oppose the new movements in the present forms,
and who are not prepared to stay put and help make or bring
about the necessary changes, or continue to oppose - they will
have to either go mute, or join the vast Caribbean Community
in one of the three major diasporas in England or the Americas.
But the
reality is, that the Six OECS Members of CARICOM, who had agreed
in January that they would enter fully by June 30th - they did
so, and now there are Twelve participants in the CMS(E), but
still only Two who are using the Appellate Jurisdiction of the
CCJ.
At the
recently concluded Heads of Government Conference in St. Kitts,
a number of very important issues were discussed and many agreed
upon - especially those matters which pertain to the CWC 2007;
like, for example, Security, Visa requirements, the Sunset Legislation
to be passed by the Nine States where Matches will be played
(Barbados has already passed the said Legislation), and the
whole question of Immigration and Customs operations in the
various States, to ensure the smooth movement of the many thousands
expected to visit the Islands for CWC 2007.
As for
the CSM(E) itself, many burning concerns were addressed and
amendments made or assurances given to satisfy some of those
concerns.
The Regional
Development Agency and The Regional Development Fund were mandated
to be fully operational by the 28th Meeting of Heads of Government
in July, 2007, and the contribution formula for the RDF was
agreed upon, and the proposed figure for the fund is now upgraded
to $250 Million U.S.
While the categories of Nationals now entitled to move freely
within the Community, have been expanded to include Nurses and
Teachers (except in Antigua and Bermuda, but I do not know why).
And decision on three other groups has been deferred, for further
elaboration on certification procedures.
Strangely
enough, the only mention in the Communique issued by the Heads
at the end of the Conference, in direct relation to the CCJ
- was a statement, that all Twelve Members States signed a Protocol
to the Agreement Establishing the CCJ, relating to the Tenure
of Members of the Regional Judicial and Legal Services Commission
(RJLSC).
Those persons
are responsible for appointing the Judges of the CCJ - except
the President, who is appointed by the Prime Ministers.
It can
very truthfully be said, or admitted, that those Heads never
had so many significant and far-reaching matters on their Agenda
for discussions and agreement. Whether, or not, those discussions
and agreements will turn out to be just another occasion for
"talking shop" among themselves, with no fruitful
results to follow - only time and the implementation, or the
lack or absence thereof, will tell in due course.
On the
issue of the Judiciary, the Heads were very quiet at their Conference
in St. Kitts. But one or two occurrences, in our own backyard
in St. George's, have been revealing and deserve mentioning.
We have
had allegations, by Mr. Hugh Wildman, in the distant and recent
past about the behaviour of certain Judges - their bias against
him, and by extension the Government he represents, and their
close association (says
he) with Lawyers in the Bar Association and the injustices resulting
therefrom.
The grapevine
Legal news Bulletin, have revealed that our Prime Minister apparently
made the same, or similar allegations, during the recently held
OECS 25th Anniversary Meeting in St. Kitts. And as a consequence
thereof the Atg. Chief Justice, Hon. Brian Alleyne, came to
Grenada last week Friday to hold a meeting with the Prime Minister
on the matter.
No official
statement was put out, whether before or after the meeting -
but I am certain that the meeting was held. If it was about
the grapevine news item, it would have been most ironical, to
say the least, because as readers may recall - it was the self-same
Justice Brian Alleyne, while a High Court Judge on the Grenada
Bench, who was taken to the same High Court by Mr. Hugh Wildman
for Bias against him.
The outcome
of that case is part of our disgraceful Legal history, in the
context of how our Governments treat the Judiciary. But on the
very Friday of that fateful meeting of the Atg. Chief Justice
and the Prime Minister, in the No. 2 High Court presided over
by Justice Davidson Baptiste, my very reliable information from
the Lawyer for a Guyanese National, who was before the Court
opposing an Immigration Order to deport himself and his Family
from Grenada, is quite a significant step in the dishonourable
manner Hugh Wildman and the Government he represents have been
treating our Judges.
After the
Lawyer for the Guyanese entered his appearance, Mr. Hugh Wildman,
who was present in Court with the Crown Counsel from the Attorney
General's Department, stood up to make his appearance.
Before
he could have done so, the Judge interrupted him to announce,
that he was recusing himself (refusing to sit in the case with
Wildman appearing)
- because of Wildman's malicious and derogatory statements
about the same Judge, when he ruled against Wildman in the Judicial
Review matter which Wildman had brought against the last Chief
Justice (Justice Adrian Saunders), and the Judicial and Legal
Services Commission (JLSC), earlier this year.
And the
Judge promptly adjourned his Court and walked off the Bench.
The case would have to be put down before another Judge to hear
and determine the matter. The Judge was quite correct to refuse
to hear Mr. Wildman in any matter - until he has publicly purged
his Contempt by apologising for his scandalous outburst against
the said Judge.
In fact,
Mr. Wildman was lucky to have gotten away for all those months
since his outbursts. He should have been Summoned to appear
before the Judge, very soon after his public statements, and
cited for Contempt, with the possible outcome of being sent
to Prison for the offence.
If our
Institutions are not protected and safeguarded, from such disgusting
and unacceptable behaviour by whoever, there will be nothing
left for those coming after us to inherit and be guided by.
And the Rule of Law, the Courts, the Judges and Magistrates,
the Judiciary as the all-encompassing last bastion in any civil
and democratic society - must be the number one institution
for such unqualified protection.
And we
also had the long-awaited report, from the Truth and Reconciliation
Commission (TRC), being laid in Parliament in the last two weeks.
The report was handed in to the Governor General some months
ago, and I expected the powers-that-be would have been going
through it themselves before making it public.
But I also
expected them to print enough copies for sale to John Public
- yet up to last week the Government Printery had none for sale
and could not say when any would be available. Be that as it
may, we have been getting tit-bits from the Government Minister
of Legal Affairs, and from the Media people who were presented
with copies.
Two aspects
seem to be highlighted from the Report. One is emphasised, as
the need for whatever efforts needed to recover the remains
of those bodies, which were reportedly burnt in a mass grave
at Camp Calivigny in St. George.
This one,
some are saying, would help bring closure to the deep hurt and
revengeful tendency many feel. It seems to me, that if that
aspect is a pre-condition to healing and eventual closure, before
reconciliation, then we will never achieve that phenomenon.
And that is so, because from all accounts finding the said remains
is an impossibility.
The second
aspect has to do with the Seventeen (17) persons, who were convicted
for the October 19th 1983, massacre on Fort Rupert, and are
serving life sentences (three on fixed sentences) in Prison.
Apparently,
the report recommends some form of new trial, or commission,
or investigation, to get to the truth, the whole truth, and
nothing but the truth of the matter. If that was possible -
would it really bring closure to how some still feel?
I have
very serious doubts about that aspect. In my very sincerely
considered opinion, I feel that those at Richmond Hill have
more than paid their requisite price to society - for the offences
of which they were convicted; even though I firmly believe that
the trial of those "Seventeen" was seriously flawed.
And in
the spirit of True Reconciliation, they should be released,
over a very shortly- phased fixed period. I have no doubt that
they have repented, and they pose absolutely no threat to society
in these days and age.
The cases
of the Fourteen, on leave to appeal to the Privy Council, are
due for hearing in December, 2006. The Petitions for Special
Leave to Appeal, by the Three on Manslaughter convictions, have
been refused by the Privy Council and they must serve their
Sentences.
As we wait
on possible outcomes in all the headline areas, the question
still remains - what next?