Barbados, CARICOM, CCJ - why?

Ronald Mason

In March 2011, Shanique Myrie, a Jamaican, was denied entry to the sandbox which is Barbados. She was subsequently treated in a manner that resulted in a lawsuit. The court to which we are being forced to accept ruled in her favour to the chicken feed award of BDS$77,240.

The Caribbean Court of Justice (CCJ) award was handed down in 2013. To date, the deadbeat government of Barbados has not satisfied the judgment. We are led to believe that Barbados is doing so much better than Jamaica, economically. We are encouraged because it takes J$107 to buy US$1, while Barbados is BDS$1 to US$0.50. The standard of education is so much higher, the crime is lower and the tourists flock to Barbados.

This week, Dr David Estwick, a member of the ruling party in Barbados and current minister of agriculture, has sought and been afforded, in his capacity as a former minister of finance and economic affairs, the right to offer an alternative to the fiscal and economic policies. Such a move is unprecedented for Barbados, and CARICOM, as a bloc. It's taking place in a Parliament where the ruling party has a two-seat margin. It is taking place where the process of firing 3,000 public servants has begun. Yet Jamaica is considered the poor relation of CARICOM, the dumping ground for its production, and the disdainful treatment of our nationals.

examine the CCJ

Let us continue to examine the lofty-sounding CCJ. Justice Ralston Nelson, one of the judges of the regional court, speaking at a CARICOM workshop for broadcasters earlier this year, informed us that there is no order to implement the court's finding regarding Shanique Myrie. There is no power to cause a CCJ order to be treated as a national order, even by a member country, Barbados, which has made the CCJ its final court of appeal.

Justice Nelson went on to state: "To the extent that we are on the international plane, I don't think it is something that is unusual."

The regional economic integration treaty is an aspect of international law which has left many tribunals without power to enforce judgments. Further, he said, "It may be a bit unusual in regional integration treaties, because in the European jurisdiction, they have a commission, and you could be faced with penalties if you do not comply with an order of the court."

The sanction is disapproval of other members and, ultimately, economic sanctions are the preference in international law. When is Jamaica going to register its official disapproval of our CARICOM partner, Barbados? Remember, contempt of court is not available in international law.

So, Ms Myrie, you are out of luck if our 'esteemed' Barbados chooses not to satisfy the measly award. Justice Nelson's offer of comfort that somewhere down the line, Ms Myrie will receive her award is all she can go by. For now, Barbados, this shining star in the CARICOM firmament, is a deadbeat, as it will not pay, in accord with an order from this final court of appeal.

Our Government, as stated by our foreign minister, will be pursuing all avenues to get us into the CCJ. We will be even further integrated with Barbados, et al. If they do not even respect the judgment of their own court, how do we expect to be treated?

While we are at it, let us take a look at the crime situation, primarily murder figures coming out of the twin-island republic of Trinidad and Tobago (T&T), which has recorded 62 murders up to February 11, 2014. Not good, as we recorded 73 murders for January 2014. We, however, have a population approximating twice the size of Trinidad and Tobago.

seeking economic relations

T&T and Barbados usually head the list of CARICOM countries held up as the models for us to emulate. We need to think long and hard about this. When one, such as I, do not embrace this, it is because CARICOM does not uniquely bring any value added. We must seek economic relations that can add value: larger markets for trade, shared geopolitical space, either to advance our standing in the world and or emphasise differences that would enrich us culturally.

The sameness of CARICOM, limited in size and with personal animosity to us as Jamaicans, detracts from the value of integration.

The geopolitical imperative to be a member of a larger grouping is accepted, so why can't we pursue alliances in the Northern Caribbean? Remember, one of the attractions of the European Union is the contiguous nature of its geography. Barbados, CARICOM and the CCJ do not work for Jamaica.

It is well known that I am no Caribbean man. I am a Jamaican, and until persuaded otherwise, I will oppose this artificial union, not even entertaining the thought of ceding an iota of sovereignty to that group.

Ronald G. Mason is an immigration attorney, mediator, and talk-show host. Email feedback to columns@gleanerjm.com and nationsagenda@gmail.com.