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ACCP SUPPORTS CARIBBEAN COURT OF JUSTICE

Representatives at the Second Sitting of the Assembly of Caribbean Community Parliamentarians (ACCP), which ended in Grenada on Friday, have come out in support of the Caribbean Court of Justice.

The two-day session, which was held at the Convention Centre of the Grenada Grand Beach Resort, received an invitation from Belize to host the Third Sitting in the fourth quarter of 2000.

Apart from the resolution on the Court of Justice, nine others were passed including two that were tabled as emergency resolutions. The first with respect to the border dispute between Guyana and Venezuela and the second dealing with the incidence of fish kills in the Eastern and Southern Caribbean.

The Assembly, presided over by Speaker of the Grenada House of Representatives, Hon. Sir Curtis Strachan opened on Thursday to ringing endorsements from Acting Governor General of Grenada, His Excellency Dr John Watts, the Chairman of the Conference of Heads of Government of the Caribbean Community, Hon Basdeo Panday, Prime Minister of Trinidad and Tobago – in a message read by his Foreign Minister Hon. Ralph Maraj- host Prime Minister Dr the Hon. Keith Mitchell and Secretary-General of CARICOM, Mr Edwin Carrington.

Eleven of the 12 Member States signatory to the Agreement and the Associate Member State of Turks and Caicos Islands participated in the Second Sitting. Last week’s session came three years after the inaugural session in Barbados. The ACCP, brainchild of former Barbados Prime Minister, Mr Erskine Sandiford, was first mooted in 1987 and agreed to in 1989 by the Conference of Heads of Government.

The resolution in support of the establishment of the Caribbean Court of Justice sparked spirited debate with a small minority of the 35 Members expressing reservations. Impassioned contributions in support came from Mr Maraj and Antigua and Barbuda’s Senator Leonard (Tim) Hector while St Lucia’s Senator Marius Wilson was in the vanguard of those expressing reservations.

Following are the resolutions adopted by the Second Sitting of the ACCP, which ended in Grenada on Friday October 15, 1999:

RESOLUTION

WHEREAS on attaining independence Commonwealth Caribbean Countries opted in their Constitutions to allow appeals to the Judicial Committee of the Privy Council to continue;

AND WHEREAS since their independence countries including Guyana, Canada, Australia, India, South Africa, and most Asian, African, Pacific and Mediterranean States have abolished the right of appeal to the Privy Council;

AND WHEREAS the present right of appeal is maintained principally by Caribbean Countries, New Zealand, The Gambia, Brunei, Kiribati, Tuvalu and the Cook Islands;

AND WHEREAS the Caribbean Court of Justice will have an appellate jurisdiction to replace the right of appeal to the Privy Council and an original jurisdiction to provide an interpretation of the Treaty and to address disputes between Contracting Parties in relation to the application of the Treaty;

AND WHEREAS a country has an inalienable right to establish a judicial system which is responsive and sensitive to the culture and traditions of its citizens while upholding the rule of law, preserving democratic principles and protecting the constitution of that country;

BE IT RESOLVED THAT this Assembly urge the Member States of the Caribbean Community to proceed to finalise and implement the Draft Agreement Establishing the Caribbean Court of Justice and as soon as possible to establish the Court.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS the structure and functioning of Caribbean economies have been shaped by trade preferences, concessional financing and protectionist national and regional policies;

AND WHEREAS the Region is now required to establish strategies for post Lome IV for new political relationships in succession to those of the Cold War era for creation and integration into the economy of the Americas for integration into the global economic system;

AND WHEREAS instruments for regional economic integration are yet to impact significantly on regional economic activity;

AND WHEREAS regional policies are not yet sufficiently integrated into national programmes and budgets;

AND WHEREAS the Region also faces the twin threats of the loss of identity and damage to its treasured Caribbean Sea;

BE IT RESOLVED THAT this Assembly support the adoption and implementation of measures giving effect at the regional and national levels to, inter alia, the CARICOM Single Market and Economy; the Caribbean Court of Justice; a co-ordinated foreign policy and co-ordinated external trade negotiations; the designation of the Caribbean Sea as a Special Area; the Region=s Human Resource Development Strategy and a Caribbean cultural policy to guide the Caribbean Community to a viable and more secure place in the global village.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS the Conference of Heads of Government at its Eighth Inter-Sessional Meeting in 1997 agreed on 1999 as the year for the discernible implementation of the CARICOM Single Market and Economy (CSME);

AND WHEREAS the nine Protocols proposed by the Inter-Governmental Task Force for the treaty revision process required to establish the CARICOM Single Market and Economy, as indicated hereunder, are in various stages of completion with two being provisionally applied, five requiring two more signatures for completion and two for which drafting is almost completed:

Protocol I (Organs, Institutions, Procedures of the Community)
Protocol II (Rights of Establishment, Provision of Services and Movement of Capital)
Protocol III (Industrial Policy)
Protocol IV (Trade Policy)
Protocol V (Agricultural Policy)
Protocol VI (Transport Policy)
Protocol VII (Disadvantaged Countries, Regions and Sectors)
Protocol VIII (Disputes Settlement)
Protocol IX (Competition Policy)

AND WHEREAS Member States undertook to implement certain measures for or towards the activation of the CSME in 1999 and several of the measures deemed capable of implementation according to original schedule remain outstanding;

BE IT RESOLVED THAT Member States adopt and proceed with all appropriate measures for or towards the activation of the CSME at the earliest date and in any event not later than during the year 2000.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS at its meeting on Thursday, June 24, 1999, the International Cricket Conference (ICC) reconfirmed the position of the West Indies as hosts of the World Cup in this hemisphere in the year 2007 including for this purpose other members of the ICC such as the USA, Canada, Bermuda and Argentina;

AND WHEREAS the West Indies Cricket Board (WICB) on Sunday, July 4, 1999, reported to the Prime Ministerial Sub-Committee on West Indies Cricket on proposals designed to produce a strategic plan for the development of West Indies Cricket in the period 2000-2005 after the initial plan for 1995-2000.

BE IT RESOLVED THAT this Assembly take note of the Report of the WICB to the Prime Ministerial Sub-Committee;

ask the Governments to assist in the establishment of a regional lottery to assist cricket and other aspects of culture;

enable cricketers to travel and work in the Region without the need for work permits;

urge the WICB to respond to and resolve critical matters requiring urgent action towards effective hosting of the World Cup in 2007.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS the European Commission has issued to the European Council a Report on its consultation regarding efforts to arrive at a settlement of the issues arising out of the WTO ruling on the Banana Dispute;

AND WHEREAS the critical conclusions of the Report are that:

at present there is no agreement with the complainants on the Tariff Rate Quota (TRQ);

if the present situation with the complainants continues, the EU would have little option than to impose a tariff-only solution.

AND WHEREAS the ACP/EU Convention specific to the Banana Protocol is among other things, to secure access to the EU market at remunerative prices for traditional ACP supply of Bananas;

NOTING THAT:

the Commission’s Report is expected to generate a new round of intense consultations and lobbying;

a new body of Commissioners will re-examine the issue without a specific recommendation;

BE IT RESOLVED THAT this Assembly of Caribbean Community Parliamentarians support the on-going effort of the Governments of the Community to intensify the utilisation of all avenues for consultations with:

the United States including facilities established through the CARICOM-US Council on Trade and Investment (TIC);

the other complainants and the Multi-National Companies concerned;

key members of the new Commission of the European Union;

BE IT FURTHER RESOLVED THAT, with specific reference to the USA, this Assembly call on and urge the USA to:

take all necessary action to fully honour the Bridgetown Summit Agreement which pledged not to do anything to damage the Caribbean Banana Industry; by stopping the sanctions imposed by the USA in this context; and approving an acceptable Tariff Rate Quota (TRQ);

BE IT FURTHER RESOLVED THAT this Resolution be communicated to the Conference of Heads of Governments of the Caribbean Community.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS a comprehensive Strategy for Human Resource Development is important for the survival, development, progress and prosperity of any community, including in the programme provisions for use and development of science and technology, education and health promotion, gender equity, social justice for all, commitment to action for the Rights of the Child (Belize 1996; Kingston Accord, 1997, Lima Accord 1998), efficient management of human resources;

WHEREAS it has been recognised that special measures are required to address the problem of under-achievement of young males and to ensure youth empowerment and participation in the decision-making process;

AND WHEREAS the complexity of the challenge in ensuring a better quality of life for the people of the Community has been recognised;

BE IT RESOLVED THAT this Assembly urge the development of comprehensive national policies and programmes to ensure the implementation of the Human Resource Development Strategy approved by the XVIII Meeting of the Conference of CARICOM Heads of Government.

BE IT FURTHER RESOLVED THAT this Assembly urge the establishment of mechanisms for the sharing of information and the participation of all stake-holders in the implementation of the Strategy.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS Venezuela continues to advance her claim to the Essequibo region of Guyana, a claim which amounts to no less than five-eighths of Guyana’s territory;

AND WHEREAS this claim completely disregards the fact that the existing boundary was defined by the unanimous judgment of an international arbitral tribunal given in Paris in 1899, and jointly demarcated on the ground by officials of the United Kingdom and Venezuela and accepted thereafter by the international community as both the de facto and de jure boundary between Guyana and Venezuela;

NOTING that following continued agitation by Venezuela, the Geneva Agreement signed on February 17, 1966 between the United Kingdom, British Guiana and Venezuela established a Mixed Commission of Guyanese and Venezuelan representatives charged with the task of seeking a satisfactory solution for the peaceful settlement of the controversy between Venezuela and the United Kingdom which had arisen as the result of the Venezuelan contention that the Arbitral Award of 1899 about the frontier between British Guiana and Venezuela is null and void;

NOTING the failure of the Mixed Commission and the further agreement by Guyana and Venezuela within the context of Article IV(2) of the 1966 Geneva Agreement to refer the decision as to the means of settlement to the Secretary-General of the United Nations;

NOTING that the relations between the two countries have been conducted over recent years in an atmosphere of mutual understanding and respect and through the development of programmes of functional co-operation;

FURTHER NOTING the commitment of the two countries to the good offices process of the UN Secretary-General;

RECOGNISING the consistent and firm support of the Member States of the Caribbean Community for the territorial integrity and sovereignty of Guyana and their stated desire for a peaceful settlement to the controversy between Guyana and Venezuela;

BE IT RESOLVED THAT the Assembly of Caribbean Community Parliamentarians urge the Governments of the Community to reiterate their unwavering support for and solidarity with the Government of Guyana in the face of the controversy;

BE IT FURTHER RESOLVED THAT this Resolution be communicated to the Conference of Heads of Government of the Caribbean Community.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS a phenomenon known as fish kill has been recently experienced in some CARICOM Member States including Grenada, Saint Lucia, St. Vincent and the Grenadines, Barbados and Trinidad and Tobago;

AND WHEREAS this phenomenon resulted in a large quantity of dead fish being washed ashore of the said Member States;

AND WHEREAS the fish kill phenomenon has resulted in serious economic hardship for persons engaged in the fishing industry as a means of livelihood;

AND WHEREAS preliminary tests by the scientific community have not produced any conclusive results as to the cause or origin of the fish kill phenomenon;

BE IT RESOLVED THAT this Assembly urge Governments of CARICOM to establish a comprehensive programme to research and monitor the origin and potential disastrous effect of the fish kill phenomenon in the Caribbean Region.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS it is universally acknowledged that there is a compelling need for countries to render mutual assistance to each other in the resolution of criminal cases;

AND WHEREAS the Bridgetown Accord, 1997 recognised the need for active co-operation in preventing, eliminating and resolving crime;

AND WHEREAS transnational criminal activities in specific areas such as drugs and money laundering are engaging the attention of very many countries;

BE IT RESOLVED THAT Member States of CARICOM should demonstrate in every respect full co-operation and collaboration in the struggle against criminal activity within our individual states, within the Community and within our hemisphere.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS the 1996 Barbados Plan of Action has highlighted the circumstances of Small Island Developing States (SIDS);

AND WHEREAS the Commonwealth Heads of Government Meeting (CHOGM), 1997 recognised the vulnerability of small states of which 32 are Members of the Commonwealth;

AND WHEREAS the outcome of the work of a high-level Commonwealth Ministerial mission in 1998 was the creation of a strategic alliance between the financial institutions, trading institutions and the Commonwealth to support analytical work on developing a Vulnerability Index of integrity of Small States;

AND WHEREAS the United Nations at the 1999 General Assembly provided a two day forum for debate of issues affecting Small States;

BE IT RESOLVED THAT this Assembly encourage Member States of the Caribbean Community to pursue External Relations policies which identify, recognise and emphasise ways to incorporate vulnerability in the design of development strategies for Small States.

Approved by the Assembly this 15th day of October, 1999.

RESOLUTION

WHEREAS the Standing Orders of the Assembly of Caribbean Community Parliamentarians were adopted by the Inaugural Meeting of the said Assembly in Barbados, 27-29 May 1996;

AND WHEREAS it seems desirable that the said Standing Orders should be reviewed;

BE IT RESOLVED that this Assembly doth now approve the appointment of a Committee of three Representatives, one each from Barbados, Dominica and Trinidad and Tobago, to examine the Standing Orders and to report thereon to the next meeting of the Assembly;

BE IT FURTHER RESOlVED that the Secretary to the Committee be selected and supplied by the Secretary-General of CARICOM from among the senior members of his Staff.

Approved by the Assembly this 15th day of October, 1999.

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