Safeguarding our independent judicial heritage

THE EDITOR, Madam:

In light of ongoing discussions about individual rights and justice in the United States of America, it is essential for us, in the Caribbean, to highlight how Jamaica and other CARICOM countries have made significant strides to safeguard these principles through various legal frameworks.

Each CARICOM country, including Jamaica, has a constitution that enshrines a Bill of Rights, ensuring fundamental freedoms such as the right to life, freedom from torture, and access to fair trials. These constitutional protections form the foundation for upholding individual rights.

Furthermore, many CARICOM states are parties to the American Convention on Human Rights (ACHR), which establishes principles for protecting human rights and fundamental freedoms in the Americas. Regional instruments such as CARICOM’s Charter of Civil Society, adopted in 1997, emphasises the promotion and protection of human rights and outlines commitments to foster democracy, respect for human rights, and social justice among member states.

The independence of our judiciary is paramount in enforcing these rights. In many CARICOM nations, an independent judiciary interprets constitutional provisions and provides crucial access to justice for individuals seeking redress for rights violations. Legal aid initiatives help ensure that marginalised communities have representation.

The establishment of national human rights institutions, such as Ombudsman offices and Human Rights Commissions, plays a critical role in accountability and promoting awareness of our rights. Civil society organisations also contribute significantly by educating citizens and advocating for justice reforms.

In regards to the judicial practices and systems, the United Kingdom (and the Commonwealth) exhibit significant differences to the Arabic states, Muslim societies, China and Russia, due to historical, cultural, political, and legal factors. For example, in many Arabic and Muslim-majority states, Sharia (Islamic law) plays a substantial role in the legal system; judges are appointed through government mandates, limiting their ability to act impartially..

The Chinese judiciary operates under the overarching authority of the Communist Party. The principle of judicial independence is not recognised, and judges often receive directives from party officials, limiting their autonomy; while in Russia, the system of checks and balances is nominally present but often ineffective.

In contrast, the United Kingdom and the Commonwealth of Nations demonstrate a robust commitment to an independent judiciary, checks and balances, due process, and the protection of individual rights, shaped by their legal traditions and democratic frameworks. Let us never forget our independent judicial heritage. We need to protect it from political despots in order to safeguard justice and governance.

DUDLEY MCLEAN II