CHARTER OF RIGHTS

We are committed to promulgating a Charter of Fundamental Rights and Freedoms for the Jamaican people that is entrenched in the Constitution. We are well on our way to passing the appropriate legislation in Parliament.

FROM A MONARCHICAL TO A REPUBLICAN SYSTEM

The time has come for Jamaica to have a Head of State selected by a national process and symbolising the unity and identity of the Jamaican nation. This was the conclusion of a Joint Select Committee of the houses of Parliament appointed to examined recommendations made by the Constitutional Commission in the 1990s.

• Both major political parties were agreed on the issue of the change from the existing monarchical system of government to a republican system, but differences presently exist as to whether the President should be executive or ceremonial and the process by which the choice should be made. We favour an Executive Head, chosen by the people.

Our Constitution vests the executive authority of Jamaica in Her Majesty the Queen. The provision by which Her Majesty the Queen is established as Jamaica's Head of State, is deeply entrenched in the Constitution of Jamaica. Any alteration of that position involves the approval, by a two-thirds majority, of all the members of each House of Parliament and , in addition, the approval by a majority of the electorate voting in a referendum.

The change to a republican system is, therefore, a matter to be decided, not only by Parliament, but ultimately, but the Jamaican electorate.

This process we will undertake in the next term. Abolition of Appeals to the Judicial Committee of the Privy Council

• Provision is made in section 110 of our Constitution for appeals from the Court of Appeal of Jamaica to Her Majesty in Council.
• Appeals to Her Majesty in Council are referred by the Queen to the Judicial Committee of the Privy Council, a body established by section 1 of the Judicial Committee Act 1833 - an Act enacted by the UK Parliament.
• Appeals are heard by the Judicial Committee of the Privy Council which then reports on the matter and makes recommendations to Her Majesty for her decision.
  What is commonly referred to as appeals to the Privy Council, therefore, involves a sovereignty issue, and that sovereignty issue informs the proposal by the People's National Party for the abolition of appeals to that Body.
• Since Section 110 of our Constitution is not entrenched, it can therefore be repealed.
• Appeals to the Judicial Committee of the Privy Council can be abolished by legislation enacted by the Jamaican Parliament, with the votes of a majority of all the members of each House of Parliament.
  The abolition of such appeals would also require the repeal of Section 35 of the 1833 Act.
  We are committed to effecting the necessary legislative amendments.
  We, and our regional neighbours, view the proposed Caribbean Court of Justice as essential to the process of Caribbean regional integration and, at the same time, as a symbol of independence of the Caribbean countries.
• The call for the establishment of a Commonwealth Caribbean Court of Appeal was first made in 1970, when Jamaica tabled a Resolution at the Sixth Meeting of the Conference of Caribbean Heads of Government, which was held in Kingston.
• The Court which is to be established pursuant to the Agreement establishing the Caribbean Court of Justice, an Agreement open to member States of the Caribbean Community and to any other country invited by the Conference of CARICOM Heads of Government, will have both an original and an appellate jurisdiction.
• In its original jurisdiction, the Court will discharge functions as an international tribunal applying rules of international law with respect to the interpretation and application of the Treaty of Chaguaramas, signed in 1973, which established the Caribbean Community, and any amendments to that Treaty.
• In its appellate jurisdiction, the Court will constitute the highest court of appeal from member states of the Caribbean Community which are parties to the Agreement.
• An Agreement establishing the Caribbean Court of Justice to replace appeals to Her Majesty in Council was signed on behalf of Jamaica by Prime Minister P.J. Patterson on February 14, 2001. That Agreement is subject to ratification.
• It comes into force with the deposit of instruments of ratification by at least three member States of the Caribbean Community. St. Lucia, Guyana and Barbados have already ratified the Agreement.
• Under our legal system, a Treaty, which requires a change in law to enable Jamaica to honour its obligations under that Treaty, demands the enactment of necessary legislation.
• There is also the requirement for legislation especially if the provisions of the Treaty affect the liberty of the citizen. This is especially important if the Courts are expected to enforce the provisions of the Treaty.

A Model Enabling Bill to implement the Agreement Establishing the Caribbean Court of Justice is now being drafted. While this Bill will significantly advance the establishment of the Court, several pieces of legislation will require amendment to facilitate this new judicial institution.

Under the Agreement, the necessary legislation must be enacted prior to Jamaica depositing its instrument of ratification. This is a work-in-progress that will be finalised early in the next term.