On July 1 2014, the House of Assembly (HOA), Dominica, passed legislation to ‘delink’ the country from the Privy Council of the United Kingdom (UK) or Great Britain and to recognize the Caribbean Court of Justice (CCJ) as the Nation’s final Court of Appeal. This legislation became the ‘law of the land’ on July 8 2014 following its assent by H.E. the President, Mr. Charles Savarin. Dominica therefore became the first OECS Country and the fourth Member State of the Caribbean Community (CARICOM) to recognize the CCJ as its final Court; the other
CARICOM Member States who earlier did so are Barbados, Guyana and Belize.
When Mr. Henry Dyer served as Attorney General of this country prior to the 2005 General Elections, legislation was passed in the HOA recognizing the CCJ as a Tribunal for the Resolution of Disputes arising from implementation of the CARICOM Single Market & Economy (CSME) and interpretation of the Treaty of Chaguaramas; the said Treaty was signed by Heads of Government (HOG) of CARICOM Member States on July 5 2001 during their Summit/Conference in Nassau, Bahamas. Dominica was represented at this event by former Prime Minister Hon. Pierre Charles. Accordingly, dialogue on the justification and
organizational arrangements for the proper functioning of the CCJ both in its original and appellate jurisdictions began in earnest among interested individuals around that time, 13 years ago, or soon afterwards; this dialogue culminated for example in the following crucial
features for guaranteeing its independence and sustainability:
Establishment of a Trust Fund of US$100 million for financing the operations of the CCJ
in perpetuity with membership of the Board of Directors (BOD) of the said Trust Fund
drawn from regional entities.
Appointment of CCJ Judges being done by a Regional Judicial and Legal Services
Commission; only the chairman of the Commission who is President of the CCJ is
chosen by the HOG on the recommendation of the Commission.
This uniquely historic action by Dominica’s Parliament in July 2014, brought to an end the involvement of Her Majesty’s Government of Great Britain in the Internal Affairs of our country, an involvement which began in 1761 or 253 years ago within a context of European Hegemony.
Under the Treaty of Versailles in 1783, Dominica was ceded to Great Britain with the status of a Colony under British Sovereignty. This phenomenon continued almost uninterrupted until 1968 with the attainment of ‘Internal Self Government’ from Great Britain and onto pseudo Political Independence in 1978 when the country was named the Commonwealth of Dominica. The other interruption at reference, or adjustment in sovereignty, occurred during the period 1958-62 when the island was part of the West Indies Federation in keeping with legislation entitled“The British Caribbean Act” passed in the British Parliament at Westminster, London, on August 2 1956.
Under the Westminster System of Government, which former Colonies such as Dominica inherited from Great Britain upon the attainment of Political Independence, Government comprises three (3) branches namely:
The Executive or Cabinet;
The Legislature or House of Assembly/Parliament;
The Judiciary or Law Courts.
On November 3 1978, the first two branches of Government namely, the Executive and the Legislature, were repatriated to us from London whereas the third branch was not; the Judicial Committee of the Privy Council continued to be our final Court of Appeal.
Accordingly, it could be argued that the transition process to Political Independence for Dominica remained incomplete until July of this year when the Dominica Labour Party (DLP) Government of Prime Minister Roosevelt Skerrit intervened via the ‘Constitution of Dominica Amendment Act’ #4 of 2014’.
The process leading to formation of the CCJ had its genesis in a decision by the Conference of Heads of Government of the Caribbean Community (CARICOM) in 1989 following which the Government of Trinidad & Tobago offered facilities for it to be headquartered in Port of Spain. In May 1999, the then President of the Judicial Committee of the Privy Council stated emphatically during an interview that ‘appeals from the Caribbean should end’. Furthermore, he said that: ‘the ultimate Court of appellate jurisdiction of a State should be in that State, staffed by citizens of that state and not by outsiders’. The agreement establishing the CCJ entered into force in July 2003 or eleven (11) years ago.
Recall that in January 2014, Prime Minister Skerrit informed the nation of the Government’s intention to write to the British Government seeking its endorsement to proceed with the ‘delinking’ process and to which he received a positive response. This in turn provided the basis for Government to proceed with promulgating the Act at reference. This position by the Prime Minister was in keeping with Clause 42(4) of the Constitution of the Commonwealth of Dominica. Furthermore, in keeping with the said position, the Ministry of Legal Affairs
spearheaded a series of consultations around the country in order to sensitize the populace on the practical considerations pertaining to the operations of the CCJ and what it means in terms of access to justice. There was also a first reading of the Bill at reference in the HOA at least 90 days before the July 1 2014 sitting as required by the Constitution.That aside, among the many other opportunities provided for persons to become aware of the purpose and modus operandi of the CCJ are the following:
A presentation on the CCJ and the Constitution by Dr. Francis Alexis, QC, former
Attorney General of Grenada & Lecturer in Law at UWI, organized by the Bar
Association and held at the Dominica State College (DSC) on June 5 2014;
A DAIC organized lecture by Sir Dennis Byron, Chief Justice of the CCJ, delivered at
the Fort Young Hotel, Roseau, during 2013;
A presentation at the Garraway Hotel, Roseau, around 2010, undertaken by a visiting
delegation from the Law Faculty of UWI headed by Prof. Simeon McIntosh, Dean of
the Law School;
An address to the HOA by former President Nicholas Liverpool on July 17 2012 on the
occasion of the National Budget, followed by the circulation of a document
containing his statement;
The availability of booklets locally on the functioning of the CCJ prepared under the
auspices of the CARICOM Secretariat or accessible via its website.
Notwithstanding this widespread availability of information on the CCJ, of the 21 elected Members of Parliament (MPs) eligible to vote on July 1 2014 in the HOA on this constitutional motion, 18 Members voted in favor while the remaining three (3) Members representing the
United Workers Party (UWP) abstained. Citizens are therefore left to speculate as to the underlying motive or justification for the abstention, mindful of the circumstances. Nevertheless, the third branch of Government has now been repatriated to us from London
thereby allowing the sovereign right of the State of the Commonwealth of Dominica to finally emerge. Undoubtedly, the Government did the right thing on July 1 2014. Moreover, the evidence is clear that our country has become a leader in the Caribbean on several fronts of
relevance to securing an improved ‘Quality of Life’ for citizens; this is commendable. Let the Patriots among us come forth and contribute to sustaining the endeavor for improvement.
Ok, we want to distance ourselves from Britain, but you guys still use the same antiquated laws handed down by Britain, the same parliamentary system, and in time of war or any threat to our nation, guess who is responsible for providing military aid to us….
Cap…..Ian give that to you man…
I am alarmed as to how disconnected this Dr. Douglas is to the reality of how poverty stricken our communities are to meaningful development, and the extent to how our families suffer in Dominica.
Dr. Douglas seems to be unaware of the RED CLINIC begging bowl operating at the Financial Centre and and maybe Dr. Douglas should consider the first case taken to the CCJ on behalf of the Dominican people is the abuse and total disrespect the Prime MINISTER Skerrit AND HIS irrelevant GOIVERNEMNT has shown over the years to the poor people of Dominica.
Dr. Douglas“ essay is outdated, irrelevant and in no way contributes to reducing the poverty of suffering Dominicans.
Wake up Douglas, take a drive around Dominica
Excellent presentation. I have been convinced a long time ago that our independence from Britain should be complete. The last vestige of colonization had to go. We can manage every thing, therefore why not our judicial system. Our judges are just as trained, just as qualified, just as experienced, perhaps even more than those in Britain. I am confident that our Caribbean legal luminaries will do an excellent job at the CCJ. To date I cannot understand why the opposition did not give its full support to something that they themselves supported when they were in government. If therefore was something to have recieved 100% support in parliament, this was it. The true journey of political independence from Great Britain is now complete. CCJ is here to stay. There is no retreat.
Da will never be truely independent without economically independent one step foward two steps backward
Sir might I remind you that it is not only your circle of friends who are Dominicans, there are people in the rural districts who do not understand a word of what you said. They too needed to know what we are getting into, they too needed to have a chance to approve of disapprove. It would be my guess that most people would agree with the move to the CCJ but certainly not all. Much more discussion was needed and certainly a referendum.
During our time under England Halstead estate use to be booming with agriculturists botanists, and even made their own soap. It use to be one of the main economic driver in the north and northeast. People from grandbay, Portsmouth, Bense, Thibaud, calibishi and environs were employed none of whom depended on government handouts. Heck, my grand father Left his government paying teaching job to work as an agriculturist on the estate. He was better able to take care of all ten kids.
Today, after 35 years of independence the Hampstead estate is dead laying wasted and is practically a shame to the later RBD who had worked hard to develop. Today many of the descendants of this estates are on social welfare and more than 1/4 of the country’s revenue is on grants and loans.
So Mr. Douglas I am no PhD , however, I can tell you independence is not only about politics, courts, and who is in charge, but how we as a people can be self reliant in every aspect of society including development of our resources either through private or gov investment.
What difference it makes that we leave England and then make ourselves slaves to China, Venezuela and the likes.
As a PhD in economics you of all people should have develop a plan to modernize the estate and make your dad proud.
Shaka Zulu I am disappointed in you. First you confuse Hampstead Estate with Hatton Garden and Londonderry where agricultural experimental stations were located; then you attempt to revise history by presenting RBD as someone more ambitious than his heirs. All the mechanisms for production were already in place when RBD bought the property on a tax lien, except for the poor and unskilled laborers who were available for slave wages. It is important to note that neither the conditions nor the prosperity of the venture endeared any of his sons to the farming.
Yet you have somehow managed to link this topic to the issue of judicial representation. This is a dead issue – no law, no constitution can revive the colonial relationship between Dominica and the Privy Council.
Warrington, it is clear you did not understand what Mr. Douglas was writing about. He is using the example of judicial review to make a point about independence. All what he mentioned were facts available to everyone. As a result you did not understand what I am saying. I just used the fact that his family has vast resources not being utilize to stress that independence is not just about severing government and judicial ties but being economically, educationally …….. Independent. We still do British exams in our schools and today we cannot develop what we were given. See how many state of the art construction built be China and others. How many you see from Dominican engineers, and Dominica ingenuity?
If you have an argument to make with the gentleman ,allwelland good…why get personal? is that the best you can do?
When it comes to Agriculture, some people want to know what have others done. My question is “what have you done?”
The other States of our region need to get rid of the British Queen as their Head of State.
This thing is so politically motivated…… a whole lot of big university words and jargon
De only comment is the concern for the abstention vote of the opposition.
You give de impression that the public is well informed on the issue and you mention all lectures and public forum that were held.
In the same way……in the same way UWP has voiced their opinion on their abstention
What you really trying to say anyway.
Your conscience beating you?
Right now is election people talking.
My suspicion is that there’s a big case coming up and you throwing that in de air still to put up your front
Thank you sir. Very good presentation.
You can cut as many ties as you want and they still can come back in here. That’s why they say that the sun never sets on the British Empire. They are everywhere. It is still call the Commonwealth of Dominica. How British can you get?
Failed justice system, failed state. A Partisan, good-4-nothing president and a leader whose weapon is “go-to-hell” and rot.
Thank you sir for this timely bit of information. Quite an eye opener for us in this country. I was once one of the skeptics of this move to the CCJ but with a much clearer explanation from you I am convinced it was the right move.
CCJ is a cheat!! Dominican citizen and Caribbean lawyers are not politically matured at this time to act independently, fearlessly, without political interference to make this a fair and just court for our citizens. Its a great idea to be fully independent but justice so far within our courts system has failed us. Not only that, we see QC and other lawyers who will eventually be on those courts behave in a very immoral and highly political bias way when it come to justice. At this time WE ARE NOT READY FOR CCJ!!
Eisenhower, what is the purpose of your article? We know all this already and there is nothing new in it. Some of us would prefer to stay with the Privy Council and others don’t . Your learned piece is not going to change that. If, on the other hand you wrote it to demonstrate your knowledge of history, you have made your point and I will accept it for that.
He said all that to say that this was the right move and I concur.