CCJ MAY BECOME BELIZE'S FINAL APPELLATE COURT

UNCLAS BELMOPAN 000305


DEPT FOR WHA/CEN (JENNIFER VANTRUMP)

E.O. 12958: N/A
TAGS: PGOV XL BH
SUBJECT: CCJ MAY BECOME BELIZE'S FINAL APPELLATE COURT

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Summary
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1. On June 19, 2009, Prime Minister Dean Barrow proposed a bill to
the House of Representatives for a constitutional amendment that
would replace the Privy Council in London as the final appellate
court for Belize with the Caribbean Court of Justice (CCJ). This
proposal is in keeping with the obligation of member states of the
Caribbean Community (CARICOM) to establish a Caribbean Court of
Justice. The CCJ is vested with final appellate jurisdiction to
hear appeals from Caribbean domestic courts, as well as with
original jurisdiction to adjudicate disputes among member states of
the Caribbean Community. While the majority of CARICOM Members have
accepted the CCJ's original jurisdiction, only Barbados and Guyana
have to date accepted the more controversial appellate jurisdiction.


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CCJ to become Belize's final appellate court
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2. On June 19, Prime Minister Dean Barrow introduced a bill for a
Seventh Amendment to the Constitution in the House of
Representatives. One of the proposals in the bill is to replace the
Privy Council in London with the Caribbean Court of Justice as the
final appellate court for Belize.


3. Currently, there is a 90-day period for national consultations
and the submission of comments by the general public. The bill must
be passed by both the House of Representatives and the Senate prior
to its final entry into law. Final passage of the bill is expected
later in the year. After successful passage, Belize will be the
third Caribbean nation to accept the CCJ's appellate jurisdiction.
Belize's proposal marks a milestone in the fulfillment of its
obligations as a member of the regional integration initiative of
the Caribbean Community (CARICOM). The bill currently rests with
the Constitutional and Foreign Affairs Committee, which has the
ability to recommend changes. It is possible that national
consultations could result in alterations to the bill.

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The Caribbean Court of Justice
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4. The Caribbean Court of Justice is one of the main institutions
established to ensure the success of the CARICOM Single Market and
Economy. The CCJ is a regional judicial tribunal which was
established on February 14, 2001 and inaugurated on April 16, 2005
in Port of Spain, Trinidad and Tobago.


5. It is expected that the CCJ will fulfill the dual role of uniting
national courts under one judicial system and establishing an
international court to ensure effective implementation of the
CARICOM Revised Treaty. The CCJ is vested with an appellate
jurisdiction to hear appeals from domestic appellate courts, as well
as with original jurisdiction to adjudicate disputes among Member
States of the Caribbean Community. While twelve CARICOM Member
States have signed on to the Original Jurisdiction of the CCJ, to
date only two States, Barbados and Guyana, have embraced its more
controversial Appellate Jurisdiction.


6. The CCJ is meant to replace the Appellate Jurisdiction of the
Judicial Committee of the Privy Council in the United Kingdom as the
final court of appeal for Member States. The CCJ has been
instrumental in developing Caribbean jurisprudence, evidenced by the
18 cases which have come before this court since 2005. The cases
the Court has heard range from murder and the death penalty on the
criminal side, to civil cases involving title to land, defamation,
and matrimonial property. The CCJ has also heard a number of cases
challenging the power of the State acting through services
commissions and other government agencies.


7. It is expected that the CCJ's original jurisdiction will
facilitate the development of Caribbean Community law. In this
regard, the CCJ is accorded compulsory and exclusive authority to
hear disputes relating to the interpretation and application of the
Revised Treaty of Chaguaramas. As a consequence, when a national
court or tribunal is seized of an issue involving the Revised
Treaty, that national court or tribunal must refer the question of
Treaty interpretation or application to the CCJ for determination.
The CCJ allows for proceedings to be instituted either between
Member States or between a national and another Member State, as
well as providing for third party intervention.

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Comment
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8. Passage of this bill would mark a significant milestone in
Belize's commitment to CARICOM. The movement away from the Privy
Council could also signal a change in penalties for capital cases,
as the CJJ accepts the death penalty. However, while the movement
to the CCJ seems to have public support, the bill, as it was
submitted, also contains provisions for other amendments to the
Constitution. Some of the more controversial sections relate to
allowing Members of the National Assembly to have dual citizenship,
and to not require the Attorney General to be a member of the
National Assembly. There is a possibility that if the bill goes up
for a vote unchanged, one of these elements could derail the bill;
however, the UDP majority in both houses makes this unlikely.

DIFFILY