The youth arm of the main opposition People’s National Party (PNP) is urging the Jamaican government to ensure that the island accedes to the jurisdiction of the Trinidad-based Caribbean Court of Justice (CCJ) as its final court of appeal.
The CCJ was established in 2001 to replace the London-based Privy Council as the region’s final court, but while Barbados, Dominica, Guyana, and Belize are the only Caribbean Community (CARICOM) member states with full membership of the court, Jamaica is among the other regional countries that have signed only to the CCJ’s Original Jurisdiction.
Jamaica needs an amendment to its Constitution to allow for the CCJ to become its final court and the ruling Jamaica Labour Party (JLP) has said in the past that the issue should be decided through a referendum.
In a statement, welcoming Prime Minister Andrew Holness’ statement that Jamaica intends to break ties with the British monarchy and to fulfill “its true ambitions as an independent, developed and prosperous country” in short order, the People’s National Party Youth Organization (PNPYO) said it is pleased that what was once touted as “mere symbolism” by the prime minister is now being embraced as the next step forward for the country.
The PNPYO said the country’s leaders should also seriously consider “divesting itself of appeals to Her Majesty in Council through the Judicial Committee of the Privy Council (JCPC),” saying it believes that it is time for Jamaica to accede to the jurisdiction of the CCJ.
“The anachronistic system of appeals to the JCPC has no place in Jamaica’s judicial system and makes a mockery of our independence.
“This is the lowest hanging of all fruits when it comes to constitutional reform and the modernization of the Jamaican society. If the Government is sincere about completing our independence and truly wants to send a signal in our 60th year, the prime minister must instruct the necessary officers to bring the required bills to Parliament for debate and passage,” the PNPYO said.
It recalled that the PNP has always supported a move to the CCJ, adding “Jamaicans will recall that twice, the PNP has sought to fix this anomaly in our judicial system but twice the Jamaica Labour Party voted against it, thus preventing this needed change.
“The bills have been drafted since 2015, they just need to be dusted off and updated. All it takes is the will by the Government to start the process.”
The People’s National Party Youth Organization said while reparations and republic status would be welcome,” reparations are not in our remit to give, Britain must accept its error and compensate, which we believe they have an obligation to do.
“Moving to republic status is a lengthy and costly process, which may not be completed this year. This is further compounded by the Prime Minister’s announcement, on multiple occasions, of no elections in the year of Jamaica’s 60th independence,” the PNPYO statement said.
It noted that moving to be a republic requires a referendum, which has all the trappings of a national election.
“Replacing the Privy Council does not suffer from any of these maladies and would be a welcome symbol and practical commitment to completing the journey of independence.
“It does not make sense to remove the Queen as Head of State but still appeal to her through the Privy Council. It makes more sense to sever ties with the JCPC and then remove Her Majesty as Jamaica’s Head of State.
“Furthermore, judges of the Privy Council have been on record prodding Commonwealth countries to exit the Privy Council, there is no good reason for us to be hanging on for dear life, especially when the majority of citizens cannot access the court due to visa restrictions and travel costs”.
The PNPYO said it is urging the government to “move with alacrity and bring the three necessary bills to Parliament before the end of April so the process can commence.
“The time has come for Jamaica to turn the corner on our colonial past and the legacies it has bequeathed to us. Where it is within our powers to enact this, there should be no delay,” the PNPYO added.
CMC/
