Dominican educator Donald Peters Ph.D has boldly spoken out against the Caribbean Court of Justice (CCJ) as the final appellate court for the region.
His statement adds to the long-standing debate on whether or not the Caribbean should break ties with the London-based Privy Council and adopt the CCJ as its final appellate court.
Only three countries in the Caribbean, Belize, Barbados and Guyana have fully accepted the CCJ as their final court to date.
Peters believes this is evidence that the region is not comfortable with the CCJ. Several former Caribbean leaders and regional diplomats have told the Caribbean to accept the CCJ as they move to strengthen regional integration. Peters however, says those appeals appear to be “emotional”.
“Nobody can tell me why. What is the benefit for me as a citizen to have Trinidadians and Dominicans making final decision on law. If I were to advise government I would tell them not to support the call,” he stressed.
He is of the view that the region is too small to handle the responsibility of manning its final appellate court. Comparing the size of the Caribbean islands Dominica and St. Kitts, Peters questioned: “You would be comfortable with me sitting down on your supreme court and when your case comes, there might be something that happened between you and I, how are we going to handle that?”
He added, “Nationalism at this stage is not a good reason for making decisions that involves people’s lives.”
Just this week Trinidad and Tobago leader Kamla Persad-Bisessar defended her territory’s decision to hang on to the Privy Council, saying that she should not attempt to fix something that is not broken.
The reasons outlined are laughable and non-progressive,sure after reading it Dr, peters must be regretting,,,,i support the CCj fully,know we have emminent,tested and proven jurist in the region to handle our legal affairs at that level…,Some are surely more qualified and experience than some of the Privy Council jurist,,,,size and population is of no consequence,,,,,,,Suspect the otherwise savvy Dr, maybe had some black /kokonut water too many…at that particular time
I am surprised at the statement of Dr. Pewters on the CCJ. This is the most backward argument I have heard in recent times regarding the need to make the CCJ the final court of the Caribbean. I presume that Dr. Peters may have forgotten that the Privy Council itself has told regional countries that they need to move out and set up their own shop.
His arguments also fly in the face that it was a Caribbean country that led the efforts for the establishment of the Internationl Criminal Court (CC) and more so, some of the region’s prominent jurists have sat as members of the Privy Council.
More over, the new president of the CCJ, Sir Dennis Byron, who incidentally is from St. Kitts – the same cisland Dr. Peters said had a population of 40,000 -heads the UN tribunal, sits on various international tribunals.
Is he then saying that this legal luminary from such a small island should not be there. As for the position adopted by the present Trinidad and Tobago prime minister, it is useful that your readers know that she was part of the Basdeo Panday government that supported the CCJ and even its location in Trinidad. She turned her position after the Panday government came out of office and she was in Opposition.
It is time we stop our colonial backward thinking.
Pedro
he speaks correct sense to me all u people just can’t think outside the box what ever
What Donald is saying is to get rid of the CXC EXAMS and stick to the white man’s GCE O’Levels and A’Levels because the white man is the only man who can set exams for caribbean students, yet if he had stayed in Dominica he would have never seen the doors of UWI. He had to migrate to America in order to get a university education because he was not a Lester Mcintyre or Hendrick Paul.
Doc, if you have issues with the CCJ, suggest practical ways for improvement. The same way Privy Council took time to develop so will the CCJ. Please stop the negativity, it’s sad how you think as a ‘leading educator.’
Maybe based outside the region? Nothin to stop us looking at the world court. We need to look deeply at our constitution before we change things wily nilly. But if the pm does not show regard for our constitution then it is no wonder that we are jittery about adopting the CCJ.
I would personally like to see some independence of our own judiciary working according to our constitution working fairly at home first before even thinking about changing our courts of final appeal.
To me once our leaders get their claws into the CCJ, that is it.
Merci Donald…
Dr.Peters,
I totally miss your point here.
This one seems to fly way over my head.
I am aghast at the thought that the man who is in charge of guiding our young minds in Dominica believes that none among them possess the intellectual or moral fortitude to aspire to be a judge on the CCJ panel.
Oh this one is not on Skerrit .. but this is really a new level that we have sunk to!
Why do those Smart…………… always have to open their mouths at the wrong time????? Is the learned doctor preparing a bed for somebody. To me that doesn’t sound right. A radical in his own right, a fighter during the days of black oppression……… the ’70’s the Black Power Days……… now scared of putting the responsibility in the hands of supposed learned men………. Had he been a Dr of Law would he have had difficulty being on the bench.
You know what I think? The head of Literature (is it Miss Riviere) should organize a debate/panel discussion for the Students of the Dominica and the topic should be: “Should the CCJ be the final court of the Caribbean”
and Let Dr. Peters be the moderator let us put his independence to the test.
I sure would like to know what the heck is all the hoola baloo is all about.
The bottom line is about “Justice” according to Law.
We too damn politically minded inthe Commonwealth Caribbean. We politicize everything.
No wonder there is so much confusion.
We are all bunches of hypocrites. The gentleman was honest enough to give his opinion,that’s all. He is not the only person who feels this way. I am quite sure countless others feel the same way.
But a few hypocrites jumped all over him…Wether or not you like him that’s quite a different matter….The fact of the matter is,…he I’d right.
You think we are united as one in the Commonwealth Caribbean?…heck no…
It’s all about big Islands, small Islands. This one is more developed than that one…
The bigger Islanders always looked down on the smaller ones..always think that they are better…
It was like that for many years in West Indies Cricket,where the smaller Islanders was never good enough to be selected. You guys forgot?.
When Barbados got the only USA embassy that serves the Eastern Caribbean,do you People forgot how they treated the rest of their neighbors when ever they would travel there for visas?….
To this day Bajans think that they are better than the rest of us…F these m f ers.
It has nothing to do with no colonialism, emancepating of minds, or none of those other b/s….
It is all about Justice….and Justice has no price added to it…none.
The Privy Council has a great track record…There, the ordinary mam will get Justice under the Law and according the Law…
To hell with the CCJ, I don’t trust them….I will boldly takey chances with the Privy Council, where o know I will get ….Justice….
Big up to Dr. Peters…..Who vex,can get lost.
All the best…..
Now we getting to the point at last!
Well Done!
Dear Rebel,
You have made it clear who you are: a house slave. I recognise that no matter what, there will always be house slaves. Maybe we should also get rid of local and Caribbean magistrates and judges at the lower courts and replace them with old, white men from England. After all, our local magistrates do the job. Maybe we should get rid of all our local teachers and replace them with white Englishmen since our local teachers can’t teach morality and fairness and justice and confidence in ourselves. Heck, maybe we should take replace all our local parents with English nannies so our children can get a sound, moral education. Never mind the fact that anyone from any Commonwealth country can sit on the CCJ, it’s too Caribbean and we should know our places. But, Rebel, why don’t you answer this important question, why do you want to hang on so desperately to someone who does not want you. What will we do when, like they did with the BBC and their battleships that helped us tackle the drug trade, withdraw the Privy Council?
May I add that maybe we should get rid of the locals running our governments because we are incapable, immoral, unjust, etc, etc, and ask Mother England to run our countries for us so they can do to us what they have done to the Turks and Caicos Islands and what they are now doing to Montserrat
I think it is lamentable that an individual having an obvious inferiority complex such as Donald Peters Ph.D. is charged with leading our highest institution of learning. He has added his voice to the CCJ debate, but has added absolutely nothing of substance. As other commentators, including warma and Anon, have already commented on his slave mentality and his apparent inability to comprehend professionalism, I’d like to address two other fallacious questions/issues he raised.
First: “Nobody can tell me why. What is the benefit for me as a citizen to have Trinidadians and Dominicans making final decision on law.” In brief, the benefits for a citizen include: (1) legal matters before the highest court would be adjudicated by skilled jurists who understand the societal, political and economic context in which the matter arose, and are therefore more likely to arrive at a fair decision; (2) a corollary of #1 is that legal matters would be adjudicated jurists who, at best, are unfamiliar with the relevant context, and more commonly harbour negative prejudices about our Caribbean society that lead to prejudicial decisions; (3) the citizen has the privilege of living in a community where people have the confidence and satisfaction of being ultimately responsible for their own welfare and delivering the rule of law, rather that subsisting in the mendicant society that Peters Ph.D. advocates; and (4) our fellow citizens, including our youth, can strive for the highest levels of achievement in our society, confident that these highest levels are not reserved for the old colonial masters as Peters Ph.D. would have it. This factor would also be applicable to areas outside the legal field; and (5) if we work to establish and build up the CCJ, we will not be left floundering when Britain decides, as it has signaled it will, cast us off from the Privy Council.
Second: “He is of the view that the region is too small to handle the responsibility of manning its final appellate court.” This ridiculous viewpoint would be laughable if it were not so pathetic. It is now beyond frustrating that these pseudo-intellectuals persist in trying to keep Caribbean people back by telling us that we are “too small” in so many different aspects of endeavour. To set the record straight, with a population of 7 million in CARICOM (not including the 9 million in Haiti), we are considerable bigger than many nations that we would never consider to be “too small” because they are not blighted by the small mindedness of the likes of Peters Ph.D. and they clearly have no difficulty in administering their own appellate courts. Here are a few examples: New Zealand (population 4.4 million; replaced the Privy Council with the Supreme Court of New Zealand in 2004); Iceland (population 320 thousand; highest court is the Icelandic Supreme Court or “Haestirettur”); Denmark (population 5.5 million; highest court is the Danish Supreme Court); Norway (population 4.8 million; highest court is the Norwegian Supreme Court or “Høyesterett”); Singapore (population 5 million; replaced the Privy Council with the Court of Appeal in 1994). And, of course, close to home, Guyana, with a population of 770 thousand had its own Court of Appeal since 1970. While Guyana has had lots of problems over the years, an inadequate and unfair appellate court does not rank among those problems.
I don’t want to make this post too long, but I can only hope that Peters Ph.D. has more knowledge of whatever area he’s been trained in that the appalling ignorance he’s evinced on matters of the CCJ.
Do you actually have a cogent and intelligent counter argument?…and yes the post was too long since you spent so much of it rewriting what he wrote.
You remind me of those students doing exams spending most of the time in rewriting the question.
Make an argument for the case for the CCJ and we will read it.
Dont make a fool of yourself.
Having read all of these comments and the number of persons who oppose the CCJ for no logical reason it is no wonder that SKERRIT is the PM of dominica
This man is really a poor example to youth. This man should not be an educator as he demonstrates that he is incapable of making fair judgments and will hold grudges for ever. A true backer of colonialism. IDIOT
Are you a good example to youth? What is your contribution to youth compared to Donald?
Did you get a scolarship courtesy of his efforts? Have you made a contribution to promoting youth in Dominica?
He has and you are calling him an idiot.
Donald Peters is bold to speak against the CCJ as the final appellate court for the region, but remains mute on the internal worrying issue concerning the courts delay in dealing with the DUAL CITIZENSHIP cases involving Skerritt and St. Jean. JUSTICE DELAYED IS JUSTICE DENIED. 15 MONTHS have passed since a petition was filed in the courts challenging the legitimacy of those two DLP parliamentarians in Govt.
The Chief Justice in the OECS jurisdiction commented some time ago that such matters should be dealt with quickly so that in our case the Dominican people would know whether Skerritt and St. Jean were validly elected and whether Skerritt therefore is the rightful Leader of the country. We all know about the lies to the Dominican public and the false declarations made on the Nomination Forms in the 2009 General Election as regards those guys dual citizenship. What is even more disturbing, Skerritt boasted that NO CONSTITUTION, NO LAW, NO LAWYER COULD PREVENT HIM FROM BEING NOMINATED. Right under our eyes and in our faces, it really seems that no one, not even the COURTS is showing any urgency in dealing with that important issue. 15 MONTHS HAVE PASSED? Dominica is in a serious CONSTITUTIONAL CRISIS. The court is not seeing it fit to expedite matters with the aim of bringing a solution quickly.
Who is trying to STALL the proceedings from starting? Not even a date yet to begin hearing the substantive matters of that case? Meanwhile Skerritt who may well be found to be illegitimate has been taking action, doing things on a Govt. level on people’s behalf? Is that correct? Didn’t Skeritt as well as ST. Jean disrespect and act against the Constitution by giving false statements on Nomination Day? Dominica is heading down the wrong Road. The Laws are for ONE GROUP of people to disobey and nothing happens? How comes the ordinary poor people are never sparred for the pettiest of offenses? In Dominica, WRONG IS NOT WRONG ANYMORE? IS WHO DO IT? Why are the courts FAILING THE DOMINICAN PEOPLE SO? Who are the ‘legal minds’ holding up the process for so long? Why are you all doing that to a nation so peaceful? WHY? Why? WHY? Do you all think the people will have any TRUST in the lawyers, magistrates, judges or the JUDICIAL System?
Now you sounding like an educator Dr. Peters.
Not like the last time when you lowered yourself to Skerrit propaganization.
Keep up the debate
…and what a debate it is
Absolute scathing nonsense – I am totally disappointed at this conclusion. I could dispute every issue raised in this assessment but time does not permit. All I would say is that a man in “Dominican educator Donald Peters PhD” position should be stimulating debate and discussion on the CCJ – encouraging analysis of the factors impeding the CCJ if he believes there to be such impediments but instead he is subscribing to the usual lazy politicization of the CCJ and conclusions without evaluation. And to those supporting this view I will say this to you – firstly, just as the International Criminal Court is an important institution for the advancement of international law and global governance so too the CCJ is an integral and important institution for deeper Caribbean integration – but it has to grow – there will be teething problems! Secondly, London has put the Caribbean and wider Commonwealth on notice that it cannot continue to attend to cases outside of the United Kingdom of Great Britain and its dependent territories, meaning that the Privy Council will drop us at some point in the future – better to start to find our way now and grow the regional court of appeal than wait to start when that time comes – why did we gain independence? Thirdly, there have always been and are great Caribbean jurists serving around the world – it may come as a surprise to you that one of the judges on the International Criminal Court (the World Court) is a West Indian national. I expect the uninformed person and local politicians playing games to utter such nonsense but, “Dominican educator Donald Peters PhD” No! This reminds me of the USA opposition to the ICC and look how wrong the US was and how far the ICC has come! Wake up my people. It is not the CCJ that has a problem, it is Caribbean politics that is in need of professional and honourable scrutiny! Try analyzing that “Dominican educator Donald Peters PhD.”
Gerald, you were in the process of making a brave counter argument. But you went of track and attacked the messenger rather than making your argument. This is a debate and there wil be opposing views. Is Donald not entitled to a view?
As an educated man you should avoid getting “stuck in” the usual personal attacks and stick to making your case.
For what it is worth I am on Donald’s side this time but for different reasons. I think that the provision was written into our constitution for a specific purpose and to act as a check and balance on what could be perverse decisions coming from our local courts, and by jove we have seen a few in the past couple of years.
I try to think of the final courts as a sort of neutral umpire.
Between you and me, to hell with the CCJ. The judicial system is already so twisted in Dominica, I can immagine that it’s no different to the CCJ; it’s just a microsm of the CCJ. Therefore, there is every reason to think of the CCJ as another venue where the corrupt lawyers will continue to manipulate and have their way in the final appellate court, resulting in no justice in the region.
Oh my God!
Peter’s opinion is dumb founded and parochial. Backward.
Peter’s thesis question: “What is the benefit for me as a citizen to have Trinidadians and Dominicans making final decision on law?”
So, the Englishman is the only one capable of making final decision on law? The CCJ is comprised of individuals from all the Caribbean, and, for that matter individuals from other parts of the Commonwealth may become Judges on the CCJ. When a case from one individual in D/ca or Trinidad comes up – most likely – NOT one of the CCJ judges would know individuals personally.
Peter’s narrow minded view makes sense if D/ca created its’ own final court of appeal as J/ca is now considering – where 9 Justices from D/ca judging the cases in D/ca.. .
Peter’s view is surprising … somewhat bigoted, colonially conservative and retrogressive.
——-Emancipate ourselves from mental slavery—————
Remeber these words from Bob!!
When shall we EVER be able to stand on our own………………….WHEN!!!!!!!!!!!!!!!!!
If it aint broke,don’t fix it…We should stay with the Privy Council,where there will be no partiality,and without question, one will get justice…..without having to worry about political partisanship…
All the very best….
i support you on that!!
Don’t you realize that soon, soon, we will be dumped by the British Law Lords??????
mamsel not from possie!!
I want to agree with all those who are against having CCJ. Everybody knows each other in this little Caribbean and we would like to have people who do not have any connection with us to look at every case on its own merit – and be impartial, no connection so that we can feel confident in the justice system. Already we a facing so much interference in the judicial system within the islands, Governments want to dictate what happens in the Courts even who sits in the Court, what is there to prevent that from happening in the CCJ. The case of Sir Brian and Justice Monica Joseph is a typical example. NO CCJ. We should stick to the Privy Council. Free and Fair Judicial decisions thats what we want in the region.
Amen.
I was thinking the same thing. Last week, a number of people were on DNO saying that Sir Brian Alleyne was only “acting” because ONE head of government was against his appointment. It stands to reason that if one has to be appointed to the CCJ, then they would be expected to “toe the line” least they can stonewalled by certain heads of government. Unless we are able to put a clear system in place that will not hinder or politically victimze judges, then we need to stick to the Privy Council.
“Nobody can tell me why. What is the benefit for me as a citizen to have Trinidadians and Dominicans making final decision on law.” Once again, another Dominican intellectual (I admit I am one too) who believes that we are not good enough. We must always look up to the mother country. Sometimes when I read and hear comments like this I wonder if I should weep for those who make the comments or weep for my country and my region. Ours is a country that has produced some outstanding legal minds – Telford Georges comes to mind. Yet Mr. Peters thinks only the Lords in England are smart enough to pass judgement over us. This is the house slave mentality when the white slave owners offered a little shade to people like Mr. Peters in exchange for whipping his fellow black slaves to death. I can imagine how much he would enjoy this exercise today.Our is a region that has produced not just outstanding jurors – many of whom have served admirably in international jurisdictions, including the incoming head of the CCJ – but some of the best brains in virtually every field. Yet Mr. Peters, who is shaping Dominican minds, is telling us we should remain dependent on the former slave owners who raped our countries and ripped out our souls, leaving us naked in every sense, must rule over us. We are just not good enough. Yes, I feel sorry for my country. How long, Mr. Peters must we continue to remain dependent? How long must we remain suspicious of our own people? How long must our people remain beggars? And to think the British wants us out. They have made it quite clear that they no longer want to be our final court. It’s just a matter of time before they throw us out. Where, then, will we go, Mr. Peters?
i think he only meant that “trinidadians and Dominicans” would be too close to the cases and the people involved and therefore partial. he did go on to explin that after.
and who da heck refers to himself as an intellectual!
I would have liked to support your view here but the evidence so far suggest other wise. It is true that judges in the UK get it wrong at times but what we see in the region is pure incompetence and injustice. Take a simple matter like the dual citizenship issue and tell me whether your comments about de man are fair.
Do we have to have everything of our own because our forebears were once slaves? Slavery is over, thank God! The President of the U.S.A. is a man of coloured blood and the A.G. of Gt. Britain is one of our very own. There have been eminent legal minds of black descendancy in the British judiciary for a considerable time now.It is not often I agree with Dr. Peters’ views but in this case I do.
@ Cerberus: A man of coloured blood!!! Is there no hope for us? Your use of this phrase is entirely consistent with your support for the idiocy of Donald Peters Ph.D.
I’m sorry, Cerberus, but you just lost me. By Mr. Peters’ own reasoning, Barrack Obama is not good enough to be president of the United States, A black Dominican woman isn’t good enough to be AG of the UK. And if you think slavery is over, read Mr. Peters again.
Papa Dom, I understand your reticence. However, I have followed the CCJ closely and it has been impeccable. Check the cases that have gone before the CCJ and the rulings and you will see what I mean. When Brian Alleyne was appointed judge and posted to Grenada, the trade unions and opposition politicians there protested. When Brian was being transferred to St. Vincent, the very trade unions and opposition politicians protested. They wanted him to remain because they had come to realise that he was just and not ruling according to the tune of the governments.
One more thing that is being overlooked here: the British have told us several times that they no longer want to be our final court, that they are no longer willing to spend this much money on us. We are about the only ones left going to the Privy Council. I have little doubt that they will throw us out if we don’t move sooner
as usual he knows everything about everything
While I have no problem with the Privy Council, I am concerned about the fact that some in the region continue to downplay the strength and intellectual capacity of our fellow Caribbean citizens. I am even more displeased at the fact that an educator is positioning himself in that camp; he ought to know better.
By his logic, I can surmise that, if me and him have an issue, and my child goes to his institution of higher learning, I can reasonably presume that he may take his grievance with me out on my child and deliberately engage in acts, either directly or through a proxy, that would prove detrimental to the success of my child’s education. Would it be reasonable to say that he would take offense to my premise? Absolutely, because my theory as to what he may do is predicated on my own prejudices – I would have had to prejudge and deem him incompetent to make that assumption. I would also have to be convinced that he is unscrupulous, petty, devoid of moral character, and incapable of rising above the fray to do the greater good.
Dr. Peters your position is untenable if we as a people are to move ahead and forge our own destiny. If you are incapable of bestowing confidence on a West Indian jurist, why should I bestow confidence upon you as an educator? The point is, Dr Peters, we must all trust ourselves; we must all trust in each other; we must all look at the glass half-full as opposed to half-empty. It is only when we join hands and collaborate for the greater good, it is only when we trust that the man or woman next to us will stand with us resolutely in our collective pursuits, will we achieve what we aim for. Should we exercise a degree of caution? sure, but never let that prevent you from pursuing your dreams.
Dr. Peters, I would strongly suggest that you pick up your books and study history; look at all the unions that have happened in this world, look at how they overcame naysayers like you, look at how they persevered…then come back to us and tell us what you’ve learned.
I will always maintain – not everybody you see with a degree smart; they may be book smart, and even that is questionable sometimes, but they not street smart, the lack common sense; after all, common sense is not so common.
warma, if you read my posted (two about your, I posted when there was only one comment) you will notice that I am extremely passionate about the Caribbean, the level of skills and talents that we possess and our ability to take care of our business in a manner that is pleasing, professional and successful. Therefore, when educated people like Mr. Peters makes comments that suggest that we are not good enough, that only the former slave masters can be trusted to dispense justice, that our intellectual capacity is lacking, it leaves me worried. I’m worried because people like Mr. Peters are responsible for the future of our country. I worry that the brainwashing will never end. I worry that neocolonists and neocons have agents among us that look like us, doing their dirty work, keeping our people in chains and enslaved.
But then, I read your submission and I figure that there is hope yet. Thanks for helping restore the faith in our people
Anon, no I hadn’t read your post – when I wrote this there was only one post visible as well. But you’re right – the propensity of supposedly “educated” people to willfully tether themselves to archaic, colonialist thinking is astounding. The Caribbean has produced outstanding individuals across the board, of every stripe. I am sure Dr Peters would include himself in that category. Here I am, sitting and reading the posts, my TV is on Jeopardy and a clue comes up under the category “World Famous Authors” and I hear Alex Trebek say that this famous author, Jean Rhys was born in Dominica but her father was from what UK country.
My point is that we have outstanding people in our community of nations. When I read this > Peters questioned: “You would be comfortable with me sitting down on your supreme court and when your case comes, there might be something that happened between you and I, how are we going to handle that?”, I realize this man is seriously ignorant. First of all, what are the chances of that happening? Secondly, doesn’t Dr Peters know that when situations come up under those circumstances, individuals recuse themselves so as lend legitimacy to whatever proceedings that may be going on?
And as you rightly stated, this is a man who is responsible for grooming the minds of our future leaders. This is scary.
I agree>>>