Donna Scott-Mottley | Symbolism vs sovereignty: Jamaica’s lingering reluctance on accession to CCJ

At the 49th Meeting of the Heads of Government of CARICOM in July, a striking irony unfolded. Jamaica’s prime minister was sworn in as chair of CARICOM, an institution committed to deepening regional integration. Simultaneously, his compatriot, Winston Anderson, was installed as president of the Caribbean Court of Justice (CCJ), the highest judicial institution in the region and a powerful symbol of Caribbean unity.

It was a moment of pride for Jamaica. Two of its sons stood at the forefront of regional leadership. Yet, even as Jamaicans took satisfaction in this historic double appointment, a deeper contradiction cast a shadow over the celebration. Jamaica remains bound to the United Kingdom’s Judicial Committee of the Privy Council (JCPC) as its final appellate court, a legacy of colonial rule. Despite years of regional advocacy and a growing record of judicial excellence at the CCJ, the Jamaican government has shown little urgency or enthusiasm for completing the transition to full judicial sovereignty.

The contrast was even more stark, given the prime minister’s own public remarks. Speaking at the inauguration of President Anderson, he declared:

“As we usher in the new presidency, let us embrace the next 20 years with confidence, shared ownership and an unwavering belief in the CCJ as a cornerstone of Caribbean integration and development. We believe that the Caribbean Court of Justice, under this new leadership, will continue to inspire confidence, protect rights, and shape a region where justice is accessible, relevant and transformative.”

RING HOLLOW

These are admirable sentiments. But they ring hollow in the absence of political action. For, despite the rhetoric, Jamaica continues to reject the appellate jurisdiction of the very court the prime minister praises. The moment captured a deep and growing tension between symbolic regional leadership and substantive commitment to regional sovereignty.

Indeed, when Barbados’ Prime Minister Mia Amor Mottley made an impassioned call for CARICOM states to adopt the CCJ as their final court, it was met with thunderous applause. The Jamaican prime minister, seated in the front row, remained silent: unmoving and unmoved. The image spoke volumes.

In her remarks, Prime Minister Mottley emphasised that this issue extends far beyond mere legal reform. She stated:

“Having been the one who chaired the preparatory committee for the establishment of the Caribbean Court of Justice, you will forgive me if I now make yet another appeal for the citizens of this region to allow their governments to know that there ought to be a singular purpose for the Caribbean Court of Justice to be truly the last Court of Appeal for the states.

We are aware that there are some countries that have the requirement of a referendum. But this, like everything else, ought to be the subject of public education. And, if we can do so, then I believe we can finally start to move the needle generationally for us, recognising that this ought to be our final court.”

She went further, framing accession to the CCJ not merely as an administrative change, but as a matter of sovereignty, security, and generational transformation. Her words cut to the heart of the matter: Caribbean integration is not simply a symbolic endeavour; it must be lived and institutionalised through structures like the CCJ.

A Jamaican now leads the region’s highest court, celebrated for its jurisprudential excellence and judicial independence. Yet Jamaica itself refuses to adopt the court as its final appellate body. This paradox underscores the lingering reluctance among Jamaica’s leadership to fully embrace the regional institutions it helped to create.

DEMANDS CLARITY

Jamaica celebrated 63rd year of independence, and unfinished business of constitutional reform demands clarity. The government’s current proposal to transition to a republic, by replacing the British monarch with a Jamaican head of state while remaining tethered to the Privy Council, is a half measure. It is symbolically republican but substantively colonial.

The continued use of the Privy Council raises critical questions of access, equity, and legitimacy. Located more than 4,000 miles away in London, the court requires visas, airfare, and legal expertise that most Jamaicans simply cannot afford. As a result, access to final appeals remains the province of the wealthy few. In contrast, the CCJ, headquartered in Trinidad and Tobago, is accessible, affordable, and attuned to Caribbean legal realities.

Moreover, the CCJ was designed with independence and sustainability in mind. Jamaica was a founding member of the court in 2001 and contributed over US$27 million to the CCJ Trust Fund, a financial mechanism established to ensure the court’s autonomy and insulation from political interference. The court has since earned a reputation for impartiality and innovation, handling both original jurisdiction cases under the Revised Treaty of Chaguaramas and appellate jurisdiction for states that have opted in.

Its judgments have been praised not only for their legal soundness but for their cultural relevance, grounded in the unique historical, social, and economic context of the Caribbean. It has taken bold steps in areas like human rights, constitutional law, and administrative fairness, often leading rather than following international trends. Yet, Jamaica, despite having helped build the court’s foundation, continues to sideline it.

As chair of CARICOM, the prime minister has a unique opportunity and responsibility to articulate a coherent position. We cannot claim to be serious about regional integration while ignoring the very institutions that embody it. We cannot call for justice and equity while denying Jamaicans access to an affordable, accessible, and independent regional appellate court. And we cannot pursue republican ideals while deferring to a colonial-era court in London.

The question of judicial sovereignty is not a legal technicality. It is a matter of national identity, democratic access, and regional maturity. In clinging to the Privy Council, Jamaica remains out of step with its own aspirations. The contradiction weakens our moral authority and undermines our regional leadership.

Leadership is not about holding titles or delivering lofty speeches. It is about clarity, consistency, and courage, especially when the stakes involve our sovereignty, our justice system, and our future.

The moment is ripe. A Jamaican leads CARICOM. A Jamaican presides over the CCJ. The stars are aligned for bold action. It is time to stop delaying. It is time for Jamaica to complete its journey to full judicial independence. Not just in words, but in law and in legacy.

Senator Donna Scott-Mottley is the shadow minister of justice. Send feedback to columns@gleanerjm.com