I am privileged to speak on behalf of the Caribbean Community (CARICOM) at this Ceremony honouring Mme Justice Bernard, one of the inaugural Judges, and the first female Judge of the Caribbean Court of Justice. Her appointment to that high office was a proud moment for us in the Community, given that Justice Bernard was the recipient of the Eighth CARICOM Triennial Award for Women in 2005, evidence that she has distinguished herself in numerous areas, two of which are of particular significance to the Caribbean Community.
Women’s issues
Mme Justice Bernard has shown what women can achieve in a not so level playing field and she has set an awe-inspiring example for women to follow. Regionally, she was the founding Secretary of the Caribbean Women’s Association, a Member and Chair of the Caribbean Steering Committee for Women’s Affairs, later established as the Women and Development Unit of UWI. Internationally, she served as both rapporteur (1982-1984) and Chair (1985-1989) of the United Nations Committee on the Elimination of Discrimination Against Women.
Mme Justice Bernard has consistently showed her concern for women across the Region and has worked tirelessly in calling for the cessation of violence against women and for their equal treatment in all facets of life, be it in their homes, their workplaces and in their marriages or other unions.
Mme Justice Bernard has consistently reminded us of the Charter of Civil Society, as she put it, “an oft-forgotten regional instrument signed and adopted by resolution of all Member States of the Caribbean Community”. Article XII of the Charter addresses the rights of women which include the right to legal protection, including just and effective remedies against domestic violence, sexual abuse and sexual harassment. Mme Justice, we as a Region recommit to these principles which remain relevant today as we continue to fight the scourge of violence against women.
Development of Caribbean Jurisprudence
Her contribution to the development of jurisprudence in Guyana and the Caribbean was by no means limited by her contributions in the social arena. There are several notable principles of law and procedure clarified in judgments rendered by Mme Justice Bernard in Guyana, which I am sure are well known to the distinguished Members of the Bench and Bar present today.
Mme Justice Bernard has also demonstrated in judgments in Guyana her expertise in the area of Roman Dutch Law as part of the Civil Law tradition received by our CARICOM Member States of Guyana, Haiti and Suriname. This has no doubt been of immense value to the Caribbean Court of Justice, as in its Appellate Jurisdiction it is the highest Court for Guyana.
Her contribution to the development of Caribbean jurisprudence has continued in the realm of Community Law as she has sat on the panel for pioneering cases in the Original Jurisdiction of the CCJ, such as Trinidad Cement Limited v the Caribbean Community. Justice Bernard and the other Honourable Justices of the CCJ reviewed the decision-making process of the COTED and the Secretary-General in relation to the Common External Tariff, against the requirements of the constituent legal instrument of CARICOM, the Revised Treaty of Chaguaramas. The ruling in that matter emphasised the nature of the Community as a “rules-based system” and has resulted in the Community and the Secretariat adopting new and more transparent procedures in respect of the Common External Tariff.
Mme Justice Bernard was also on the panel in the recent seminal case of Shanique Myrie and the State of Barbados and the State of Jamaica, where the Court’s ruling spoke to the right of entry by CARICOM nationals to another CARICOM State and the nature of Community law. The judgment in this case has been studied most assiduously since its delivery in October 2013, by governments, officials, academics, the international community and, most importantly, Community nationals. It confirms the legal status of decisions of the Conference and other Organs of the Community, as being “secondary legislation”, part of “Community law”.
This judgment has far-reaching implications for the decision-making process in CARICOM, where it is now clearly recognised that the Organs of the Community can take decisions pursuant to the authority and procedure set out in the Revised Treaty, and such decisions can be binding and enforceable at the Community level. This ruling provides guidance to the on-going reform of the Community, particularly in respect of decision-making, and the prerequisite steps for decisions which may create obligations or rights, confer benefits or otherwise make Community Law. The guidance provided by the Court is being studied carefully, as this judgment has etched its permanent place in the annals of the Caribbean Community.
Mr President, Eminent Jurists, Distinguished Guests, the intellectual depth of Mme Justice Bernard reflects the strength of the judicial competence of the Caribbean Court of Justice. There can be no doubt of the Court’s ability to render well thought out and reasoned judgements that can stand the scrutiny of its most ardent detractors. The CCJ is an integral edifice in the regional architecture as designed within the Revised Treaty of Chaguaramas. But arguably, even more important, the Court in both its jurisdictions represents the essence of our independence and sovereignty and is essential to the progress of the integration movement. It is an institution that has proven its worth and I look forward to the day when all our Member States accede to both its jurisdictions. What better tribute can we pay to Mme Justice Bernard.
The work of Mme Justice Desiree Bernard has enriched the legal and social fabric of our Community and, for that, we express our most heartfelt gratitude. The wealth of knowledge and expertise which reside in you, Mme Justice, I am certain will not be lost to the Region as I wish you all the best in this new phase of your life.
I thank you.
