CCJ: ‘The arc of the moral universe is long but it bends towards justice’
These famous words of Dr Martin Luther King Jr echo through our time and should be heeded by our political actors who — for no useful purpose but to assuage their inflated egos — are trying to rush this country into adopting the Caribbean Court of Justice (CCJ) as Jamaica’s court of last resort.
Dr King’s words remind us that progress towards true justice comes after a lengthy process, of trial and error, of sorting out the shortcomings and misgivings, and, critically, of winning the trust and confidence of those who inevitably will seek it.
As Ohio, United States Congresswoman Shontel Brown points out, the arc does not bend towards justice on its own. “It only does so because people pull it towards justice. It is an active exercise, not a passive one.” Like mercy, the quality of justice cannot be strained, cannot be rushed.
The concept of a CCJ is something which we hold dear in this space. It is part of a larger idea that the Caribbean can be a regional community which pools all its strengths, that led to the creation of the Caribbean Free Trade Area (Carifta) in 1965 and, subsequently, the Caribbean Community and Common Market (Caricom) in 1973.
Of all the instruments crafted by Caricom in the noble attempt to realise its lofty goals, the CCJ is easily the most determinative in achieving the success yearned for by a long-suffering population that have looked to their leaders, often to no avail.
As if the CCJ were mere political football, Jamaica’s leaders have kicked the concept around, caring little that without a foundation on justice the Caribbean Single Market and Economy (CSME) is little more than a whisper in the wind and a dream that will soon vanish.
There is incontrovertible evidence that the justice system is enormously flawed — bedevilled by a woeful lack of resources; hamstrung by corrupt people who, for example, conveniently lose court files or pay off police; lacking in credibility because there is one system of justice for those who can afford it and one for the poor; and beholden to the powerful and connected parties.
Moreover, there is great wisdom in taking notice that foreign investors satisfy themselves about the likelihood of getting justice in a territory, in the event of a dispute, before committing millions of dollars and risking shareholders’ money.
Of course, there are some bright spots upon which the system can build, notably an experience-rich jurisprudence highlighted by the quality of its judges.
It took us a while to get here, and it will take us a while longer to overcome the other imperfections, but overall, we are just not there yet.
The move to make Jamaica a republic is no excuse to rush to accede to the appellate jurisdiction of the CCJ. The people who are asking us to do so hardly take the time to concentrate on fixing the problems that dog the justice system and cause people to take the law into their own hands.
Becoming a republic is more style than substance, with politicians, particularly from the Opposition side, seeking to score points. But if we must, let us not sacrifice our justice system on the altar of expedience.
We hope that Jamaican Justice Mr Winston Anderson, who is now acting president of the CCJ, will take these serious concerns on board.