Sykes: Be like our heroes
Chief justice urges attorneys, judges to speak up for CCJ; laments politicians’ failure to fully embrace Caribbean sovereignty
Published:Monday | October 21, 2024 | 12:09 AMJanet Silvera/Senior Gleaner Writer
WESTERN BUREAU:
Chief Justice Bryan Sykes has questioned why a nation that has produced such strong figures of resistance and self-determination as Jamaica, still clings to the colonial legacy of the United Kingdom-based Privy Council.
Addressing the Norman Manley Law School Class of 1984, during a dinner at the S Hotel in Montego Bay, St James, on Saturday night, Sykes critically examined the country’s path towards decolonisation, juxtaposing the accomplishments of the country’s national heroes with the current political leadership’s reluctance to fully embrace Caribbean sovereignty.
His speech, given in the context of the ongoing debate surrounding Jamaica’s continued use of the Privy Council as its final court of appeal, highlighted the country’s failure to adopt the Caribbean Court of Justice (CCJ) even though the court has been in existence for nearly two decades.
Drawing parallels with the fight for freedom and recognition led by historical figures such as Nanny of the Maroons, Sam Sharpe, and others, who all demonstrated an innate self-confidence despite being born into subjugation, Sykes emphasised that these heroes fought for dignity, equality, and self-determination, concepts deeply tied to the modern-day legal system.
“Jamaica has been part of the CCJ’s original jurisdiction since 2005 yet has not extended that relationship to its appellate jurisdiction in civil and criminal matters unlike other Caribbean nations such as Barbados and Guyana,” he noted, pointing out what he considered the inconsistency of entrusting the CCJ with economic disputes under the Revised Treaty of Chaguaramas while hesitating to accept the court as the final arbiter in domestic legal matters.
Political interference concerns baseless
“The CCJ is a well-run institution, rooted in transparency and accountability, backed by strong jurisprudence and qualified judges,” he argued, rejecting concerns over the possibility of political interference given the court’s nearly 20-year track record. He said such concerns are baseless.
Sykes stated that the continued reliance on the Privy Council is an indication of lingering colonial mentalities that undermine confidence in local and regional institutions. He called for a deeper reflection on the legacy of colonialism and the psychological impact it has had on the country’s leadership, particularly when it comes to making decisions that affect Jamaica’s sovereignty.
The chief justice’s words were coming ahead of National Heritage Week, which celebrates those who fought for Jamaica’s freedom. As the country commemorates these figures, Sykes urged present-day leaders to take up the mantle of complete decolonisation by embracing regional solutions such as the CCJ, thereby fulfilling the legacy of Jamaica’s national heroes.
Lack of initiative
Turning his attention to the Class of 1984, which includes several lawyers, judges, and even former Director of Public Prosecutions Paula Llewellyn, Sykes called for them to step forward to influence national polices. His frustration was evident when he spoke of the lack of initiative from leaders who should be using their expertise to shape the country’s legal framework.
He urged the Class of 1984 to not just remain observers, but to actively leverage positions of influence to encourage wider acceptance and adoption of the CCJ.
As lawyers, judges, and leaders in the legal community, he urged them to speak more publicly and provide factual information about the CCJ’s establishment, governance, and decision-making processes to help address misconceptions.
“Highlight its financial independence, transparent selection process for judges, and the court’s ability to draw the Caribbean closer together,” he stated, adding that they can use their networks to educate the public and dispel concerns about political influence on the court.
“Emphasise the court’s strong track record of accountability and high-quality jurisprudence,” he urged.
Not only did Sykes receive overwhelming support from the people in attendance, but Edmund Hinkson, Barbados-born attorney-at-law and former home affairs minister in the Mia Mottley administration, reiterated that the CCJ was independent from political influence.
Declaring his pride in Barbados as a member of the court, he said that after 62 years of Independence for Jamaica, he wanted to see the island move towards making the same decision.
“We would love Jamaica to be part of the CCJ. I am aware that Jamaica has a constitutional reform commission, and I would hope that team could find it fit to recommend that Jamaica abolishes the Privy Council,” he stated.