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Tuesday, Nov 13, 2018

Grenada and Antigua and Barbuda vote in favour of staying with the Privy Council

Grenada and Antigua and Barbuda vote in favour of staying with the Privy Council
07 Nov
2018

Grenadians voted for a second time within a two year period, to reject efforts to replace the London-based Privy Council as the island’s highest court.

In a national referendum on Tuesday, the preliminary figures released by the Parliamentary Elections Office (PEO) show that the “No’ vote secured 12,133 as compared to 9,846 for those supporting the efforts to replacing the Privy Council with the Trinidad-based Caribbean Court of Justice (CCJ) that was established in 2001.

The CCJ also functions as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the regional integration movement, CARICOM.

While most of the CARICOM countries are signatories to the Original Jurisdiction of the CCJ, only Barbados, Belize, Dominica and Guyana have signed on to the Appellate Jurisdiction.

The PEO said a total of 79,401 people were registered to vote in the referendum, where the voters were asked to either support or vote against the question “Do you approve the Bill for an Act proposing to alter the constitution of Grenada cited as Constitution of Grenada (Caribbean Court of Justice and renaming of Supreme Court) (Amendment) Bill 2018?”

The country needed a two-thirds majority of the total number of ballots cast for it to join the CCJ.

In 2016, Grenadians voted overwhelmingly to reject seven pieces of legislation, including that of the CCJ, which would have reformed the constitution the island received when it attained political independence from Britain 42 years ago.

They voted by a margin of 9,492 in favour with 12,434 against.

Prime Minister Dr. Keith Mitchell, soon after casting his ballot told reporters that if the referendum fails, there will not be another attempt to replace the Privy Council with the CCJ under his leadership.

Mitchell had said he was “quietly confident” that the two-thirds majority would have been achieved in getting Grenada to join the CCJ.

“I really don’t have a problem with voices who say they want to say no but to concoct false stories to confuse people, for what I reason I don’t know,” he said, “this is not about party, this is about our children and grandchildren”.

The main opposition National Democratic Congress (NDC), which initially had supported the move to replace the Privy Council, had urged the population to vote “no” on Tuesday with the party’s interim leader, Joseph Andall, saying that the new position was taken because members were not satisfied with the process.

“For example, two of the persons who were involved in drafting the Bill are members of the Advisory Committee, therefore they have a vested interest in defending and protecting the bill, it means there is no objectivity when it comes to a discussion regarding discrepancies, flaws or omission,” he said.

Meanwhile Antigua and Barbuda also voted in favour of retaining the London-based Privy Council as its final court, according to the preliminary figures released there.

The Antigua and Barbuda Electoral Commission (ABEC) said that of the 17,743 votes counted, the “No” vote secured 9, 234 as against 8,509 for the “Yes” vote.

Voters had been casting ballots to decide whether to retain the Privy Council or instead move to the Trinidad-based Caribbean Court of Justice (CCJ) that was established in 2001 to be the region’s final court.

Prime Minister Gaston Browne had hoped that Antigua and Barbuda would have joined Barbados, Belize, Dominica and Guyana as the only Caribbean Community (CARICOM) countries to be full members of the CCJ that also serves as an international tribunal interpreting the Revised Treaty governing the 15-member CARICOM grouping.

“I have discharged my responsibility to make the option of transitioning from the Privy Council to the Caribbean Court of Justice available to the people of Antigua and Barbuda. I think it is a great opportunity for them.

“ I urge them to go out and vote “yes” …and in any event whatever the decision I will be guided accordingly, but as far as I am concerned I have delivered in the responsibility to make this very important option available to the people of Antigua and Barbuda,” Prime Minister Browne said, soon after casting his ballot on Tuesday.

But the main opposition United Progressive Party (UPP) has said it is not supportive of the move to replace the Privy Council and had urged supporters to vote their conscience.

ABEC said that 33.5 per cent of the electorate voted in the referendum and that the “No” vote had secured 52.04 per cent with the “Yes” vote gathering 47.96 per cent.

The chairman of the National Coordinating Committee on the Caribbean Court of Justice (CCJ), Ambassador Dr. Clarence Henry, said while he is disappointed in the results “the people have spoken and we accept the verdict.

“The result is a result that demonstrates democracy. The people have spoken and certainly we will need to reflect on the loss. However, I am of the firm conviction that as we move towards consolidation of the regional integration movement, our people whether in St. Lucia, St. Vincent and the Grenadines, Grenada or Antigua, the greater appreciation of the institutions that we have created will become even more appreciated, celebrated in order for us to find our place in the global community.”

Henry said it is imperative for the region to “build our Caribbean institutions, no matter the struggles, no matter the challenges and no matter the defeats.

“We must redouble our efforts at deeper and fuller education of our institutions and ;place them within the curriculum of our schools in the region,” he told the Caribbean Media Corporation (CMC).

Head of the Barbados-based Caribbean Development Research Services (CADRES), Peter Wickham, whose organisation had conducted an opinion poll and had predicted that the “yes” vote would have received the required support to take the island into the CCJ, expressed disappointment at the outcome.

“I am not Antiguan but I am disappointed for Antigua and the rest of the Caribbean. I think this is an unfortunate result equally so because the same thing was replicated in Grenada (today) and I really do hope that in the future we can get back on track.

“But the most I can say is that I am disappointed. I think this is an opportunity for Antigua and Barbuda to have created history and to set a course of a circle of development and ultimately the population said no,” he added.

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