Constitutional reform: One step closer to the CCJ

In 1562, John Hawkins of England began capturing free people in Sierra Leone -yes, Africans-to be sold as slaves to the Spanish settlers in the West Indies into a world of slavery. Yes, slavery! This year, August 1st, 2009, will mark over one hundred and seventy-five years since the British parliament made a law to abolish slavery, but today over a century and a half later, our highest court still remains in Britain. Sad, yes, but it is the fact.{{more}} To bring the issue closer, national independence was obtained in 1979 from Britain, yet today almost thirty years later we still have retained the British Crown as our own and its Judicial Committee of the Privy Council as our final court of appeal. With constitutional reform, St. Vincent and the Grenadines has a chance to enhance our contribution to the nurturing of our Caribbean Civilization by moving one step closer towards having our own Caribbean Court of Justice as our final appellate court.

The proposed Constitution makes a stipulation for a two thirds majority of the national assembly to replace the Privy Council by the Caribbean Court of Justice without the further requirement of another referendum. Indeed, this is a step closer to having the CCJ and not the Privy Council reside at the crest of our judicial hierarchy. The CCJ is ARWE court!

Our 1979 Constitution, unfortunately, is of a colonial origin, and is certainly not a product of the deliberate efforts of Vincentians. In fact, our current Constitution, which signifies in many circles a birth certificate of independence, was made in pursuance of a legal authority residing in the British Imperial Parliament. Today’s discussion on the Constitution is a sure sign that our people have been empowered to the point that we are positively debating the issue of constitutional reform; and further, we are aiming to move one step closer to having our own final appellate court. A “YES” vote for constitutional reform is definitely a vote against colonialism and neo-colonialism.

It is true that in St. Vincent and the Grenadines our Constitution has never received ratification in a proper referendum by our citizens. Why refuse this opportunity? What part did we as a people play in the drafting of the 1979 Constitution? It is “Our” Constitution in so far as it is the supreme law of the land, but not because it was shaped and crafted by our people. On the contrary, the proposed Constitution is coming from the belly of our society. Every man, woman and child has a say in the process. It is in this light that it is correct to say that the 1979 Constitution is not the authoritative expression of the collective will of the Vincentian people. It is for this reason that we must take this opportunity to say “YES” we want our experiences of many years of freedom and national independence to be reflected in a homegrown document which will stand as the supreme law of our land. We must say “YES” to such a progressive idea. How can we oppose such a valiant effort?

It speaks very little of our capacity to govern ourselves when our final appellate court resides and is still so closely tied to our past colonizers. It is also a definite infringement on our political sovereignty to have a foreign court permanently extended in our Constitution as a final appellate court. The current education revolution marks a new dispensation characterized by a quest to empower our people. We must take our political sovereignty beyond a mere cosmetic exercise.

Our national independence and pursuit to obtain full self determination and political sovereignty is far from being completed. In this context, constitutional reform is indeed a cry for freedom!

In an open letter by the Hon. Leader of the Opposition published in our newspapers recently, no mention be it for or against was made of the bold approach to move one step closer to embracing the CCJ as our final appellate court. Oversight, I guess. Sad, though, since the emphasis seems to be on politicizing such an important national issue for some unattainable and imaginative political short term gain. Things must be very grim for the opposition leader when one sees a clear attempt to play politics with our sovereignty. We must not allow semantics to get the better of us in such an important national exercise.

If we do not support the constitutional reform process in November, we will be denouncing our ability to create such an important document to govern ourselves.

Our own Adrian Saunders CCJ is a national example of our ability as a Vincentian people within a regional context that we have the human ability and God given talent to reach the very top. I have confidence in our regional legal luminaries. The positive minded will say “we are ready”.

There will be no Caribbean authentic legal philosophy without a CCJ, and that much is very clear. Do we feel comfortable going on forever with the Privy Council at the helm of our court system? If we say retain the Privy Council, then when will we ever be able to speak of having an indigenous jurisprudence? I guess never! The new Constitution brings us one step closer to having the CCJ as our final appellate court. Vote “YES” to such a significant advancement.

Saboto Caesar is a Lawyer and Unity Labour Party Senator.