CCJ Judge highlights Guyana’s crucial role in shaping the Caribbean’s legal future

In a landmark address at the 44th Annual Bar Dinner held on Saturday at the Guyana Marriott Hotel, Justice Chantal Ononaiwu, the newest appointee to the Caribbean Court of Justice (CCJ), underscored the crucial role of Guyana and the wider Caribbean legal fraternity in the development and mainstreaming of Caribbean Community Law.

Justice Ononaiwu, a renowned expert in international law, delivered her keynote speech on: ‘Towards the Mainstreaming of Caribbean Community Law in the Region’s Legal Fraternity’, her first public engagement since taking her seat at the CCJ.

Her remarks highlighted both the significant contributions Guyana has made to regional legal frameworks and the vital role Caribbean lawyers play in advancing integration and community law.

Justice Ononaiwu began by acknowledging Guyana’s strategic position in the Caribbean, noting its role as the headquarters of the CARICOM Secretariat and a key player in the CARICOM Single Market and Economy (CSME).

With the country’s rapid economic growth, she emphasised that Guyana’s involvement in the Caribbean Court of Justice’s original jurisdiction is pivotal to shaping the region’s legal landscape.

The CCJ’s original jurisdiction, which interprets and applies the Revised Treaty of Chaguaramas, is central to the region’s integration efforts.

Justice Ononaiwu explained that the CCJ not only resolves disputes but also delivers advisory opinions that help shape the legal obligations of member states.

Guyana, along with 11 other CARICOM nations, has committed to this jurisdiction, and several Guyanese lawyers have argued landmark cases before the court.

Yet, despite the far-reaching implications of Community Law, she noted a concerning gap: too few lawyers across the region are sufficiently familiar with its provisions.

Justice Ononaiwu lamented that Community Law is often perceived as a niche area, reserved for specialists, rather than an essential part of every lawyer’s toolkit.

She called for a concerted effort to mainstream this area of law across the Caribbean legal profession, urging the region’s legal education system to provide more comprehensive and mandatory exposure to CARICOM law.

Her address highlighted the importance of educating lawyers not only on the institutional frameworks of CARICOM but also on the substantive rules governing the CSME, including the free movement of goods, services, and people across CARICOM states.

Lawyers, she stressed, must be equipped to advise clients—whether businesses or individuals—on their rights and obligations under Community Law, and on how to initiate or defend cases before the CCJ.

Bar Council Member, Mr. Keoma Griffith welcomes Her Honour, Madam Justice Chantal Ononaiwu on her arrival at the Eugene Correia Airport – November 8, 2024.

The judge also raised concerns about the insufficient awareness of the legal mechanisms at play. While the Revised Treaty of Chaguaramas has the force of law in Guyana, with provisions that supersede domestic law in cases of inconsistency, too few lawyers recognise its relevance in everyday legal practice.

She proposed that law schools across the Caribbean introduce mandatory courses on Community Law, ensuring that every law graduate is familiar with its principles and procedures.

Justice Ononaiwu stressed that lawyers have a critical role in ensuring the success of CARICOM’s legal framework. By providing counsel to individuals, businesses, and governments, lawyers help enforce rights under the CSME and ensure that Community Law is fully integrated into national legal systems.

She also spoke about the pivotal role of lawyers in the CCJ’s process, particularly in referring cases of Community Law from national courts. In her speech, she cited the case of Hadith v Attorney General of Trinidad and Tobago, in which Justice Worrell highlighted the value of referrals by national courts to the CCJ.

She suggested that lawyers can facilitate these referrals by advising national courts on the need to seek the CCJ’s expertise, particularly when there are questions of treaty interpretation.

To address the gaps in legal education, Justice Ononaiwu made three key proposals.

First, she advocated for the inclusion of Community Law as a compulsory component of legal education across the Caribbean, so that law students gain a deeper understanding of the CSME and its implications.

Second, she called for more sustained and accessible continuing legal education opportunities for attorneys and judges, particularly in the area of CARICOM law.

Finally, she suggested that decisions from CARICOM’s various organs, such as the Council for Trade and Economic Development (COTED), should be made more publicly accessible, ensuring that citizens and legal professionals alike can better understand their rights and obligations under the Revised Treaty.

Justice Ononaiwu concluded by urging her fellow legal professionals to work together to ensure the full integration of Community Law into the region’s legal systems. By mainstreaming this body of law, she argued, the Caribbean could strengthen its legal infrastructure, enhance regional cooperation, and create a more integrated, prosperous Caribbean community.

The Bar Association of Guyana, in hosting the 44th Annual Bar Dinner, provided a timely platform for this critical discussion. (By Kurt Campbell) 

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