The process of inaugurating the Caribbean Court of Justice (CCJ) before the end of 2003 has taken two significant strides forward with the finalisation of the membership of both the Regional Judicial and Legal Services Commission and the Board of Trustees of the CCJ Trust Fund.
The Agreement Establishing the Court sets out in Article V (1), the composition of the Commission, as nominees from the regional entities or, in two cases, representatives of permanent organs of Member States.
“There is hereby established a Regional Judicial and Legal Services Commission which shall consist of the following persons:
(a) The President who shall be the Chairman of the Commission;
(b) Two persons nominated jointly by the Organisation of the Commonwealth Caribbean Bar Association (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association;
(c) One chairman of the Judicial Services Commission of a Contracting Party selected in rotation in the English alphabetical order for a period of three years;
(d) The Chairman of a Public Service Commission of a Contracting Party selected in rotation in the reverse English alphabetical order for a period of three years;
(e) Two persons from civil society nominated jointly by the Secretary‑General of the Community and the Director General of the OECS for a period of three years following consultations with regional non‑governmental organisations;
(f) Two distinguished jurists nominated jointly by the Dean of the Faculty of Law of the University of the West Indies, the Deans of the Faculties of Law of any of the Contracting Parties and the Chairman of the Council of Legal Education; and
(g) Two persons nominated jointly by the Bar or Law Associations of the Contracting Parties.”
Over the past few months a process of consultation has been conducted among the entities concerned. As a result, the following persons have been designated to serve on the commission.
Mr. Othniel Sylvester CMG, Q.C., President of the OECS Bar Association;
Dr. Lloyd George Barnette, OJ, President of the Independent Human Rights Association of Jamaica;
Sir David Simmons, Chairman of the Judicial Services Commission of Barbados;
Mr. Kenneth Lalla, Chairman of the Public Service Commission of Trinidad and Tobago;
Ms. Gloria Gray and Ms. Nelcia Robinson, Representatives of Civil Society;
Professor Magada Hoever of the University of Suriname;
Professor Aubrey Bishop of the University of Guyana;
Mr. Allan J. Allexander, S.C. of the Bar Association of Trinidad and Tobago; and
The Rt. Hon. Sir Vincent Floissac of Saint Lucia.
With respect to the Board of Trustees of the Fund, Article VI (I) of the Agreement Establishing the CCJ Trust Fund empowers the heads of a wide cross-section of regional entities to appoint trustees.
“1. Subject to the provisions of this Article, the Board of Trustees shall consist of the following or their nominees:
(a) The Secretary-General;
(b) The Vice-Chancellor of the University of the West Indies;
(c) The President of the Insurance Association of the Caribbean;
(d) The Chairman of the Association of Indigenous Banks of the Caribbean;
(e) The President of the Caribbean Institute of Chartered Accountants;
(f) The President of the Organisation of Commonwealth Caribbean Bar Associations;
(g) The Chairman of the Conference of Heads of the Judiciary of Member States of the Caribbean Community;
(h) The President of the Caribbean Association of Industry and Commerce; and
(i) The President of the Caribbean Congress of Labour.”
In consequence, the following persons have been confirmed for the Board of Trustees:
Mr. Oswald Barnes, Internal Oversight Officer, Caribbean Community;
Dr. Bhoe Tiwari, Pro Vice Chancellor and Principal, St. Augustine Campus, University of the West Indies;
Mr. Gerry Brooks, Director of the Insurance Association of the Caribbean, Trinidad and Tobago;
Mr. Louis Greenidge, President of the Association of Indigenous Banks of the Caribbean;
Mr. Joel Edwards, President of the Caribbean Institute of Chartered Accountants, Trinidad and Tobago;
Dr. Peter Maynard, President of the Organisation of Commonwealth Caribbean Bar Associations;
Dr. Abdulai O. Conteh, Chairman of the Conference of Heads of Judiciary of the Caribbean Community;
Dr. Rollin Bertrand, Chief Executive Officer of the Caribbean Association of Industry and Commerce; and
Professor Harold Lutchman, Advisor/Consultant, Critchlow Labour College and the Guyana Trades Union Congress.
The Commission and the Board will hold their first meeting on 21-23 August 2003 in Port-of-Spain, Trinidad and Tobago. The Members of the Commission will be sworn into office by the Hon. Satnarine Sharma, Chief Justice of Trinidad and Tobago, on behalf of the Heads of Judiciary of the Contracting Parties as required by the Agreement.
It is anticipated that the Commission will, after advertising for candidates to the Bench of the Court, begin to examine modalities for selecting the Judges and recommending to the Heads of Government, who will be the President of the Court. The Commission’s other major tasks will include initial analysis of the budget estimates for the Court.
The Board of Trustees is expected to begin the process of putting in place the steps necessary to ensure that the resources of the Fund are prudentially invested. The major resource in that regard will be the US$100 M being raised on behalf of the Member States of the Community, by the Caribbean Development Bank.
