Devon Dick
On Monday, November 17, 2008, Patrick Lipton Robinson, a Jamaican judge serving at the International Criminal Tribunal for the former Yugoslavia, assumed duties as president of that tribunal. Judge Robinson was first elected to the tribunal in 1998. He has served as the presiding judge for Trial Chamber III since 2004 and oversaw the historic trial of the former president of Yugoslavia, Slobodan Milosevic, the first former head of state to be brought to trial for war crimes.
This is a most powerful tribunal, although the United States of America (USA) has opted out of this tribunal and encourages some countries to exempt US soldiers and leaders from this jurisdiction. In other words, George Bush, president of the USA, and Tony Blair, former British prime minister, will never appear before this tribunal to examine if they committed war crimes against the people of Iraq. Nevertheless, Robinson's election as president is a significant appointment. It demonstrates that there are top-quality judges in Jamaica and the region.
International service
Robinson began his professional career working as a Crown counsel in the office of the Director of Public Prosecutions. He has served as chairman of the Inter-American Commission on Human Rights from 1991 to 1995. In 1995, he was appointed a member of the Truth and Justice Commission of Haiti to ascertain the truth about the serious rights violations committed between 1991 and 1994. Robinson's international service demonstrates that Jamaicans have competence and integrity to serve at the highest level in the region and internationally; and Robinson is not the only Jamaican serving in Geneva in the context of the international court. Lorraine Smith, a young woman who served as a Jamaican resident magistrate has been there for the last two years. And Hugh Small has served as a supreme court judge in The Bahamas.
I met Hugh Small when we served on the Jamaican Justice Reform Task Force. His knowledge of worldwide jurisprudence was awesome. He was given to thoughtful analysis, in-depth research, argued with a calm disposition, appeared fearless and strove for objectivity. I was surprised that he was not appointed a judge in Jamaica and was on the task force because he was representing the Private Sector Organisation of Jamaica (PSOJ). Why are persons such as Hugh Small not serving as a Jamaican judge or on the Caribbean Court of Appeal? Prime Minister Golding did appoint him as chairman of a committee to look at libel laws, but Hugh Small has the competence to be a judge.
Jamaica can produce a Patrick Robinson, a Lorraine Smith, a Hugh Small, etc, and you want to tell me that Jamaica and the region do not have competent people of integrity to manage a Caribbean Court? In spite of the elevation of Barack Obama, a person of African ancestry, to the office of president of the USA, there is still this prejudice against people of African origin. It is still believed that persons of European extract will give better judgement and purer justice. Hence, there is no urgency in Jamaica toward moving from the Privy Council toward a Caribbean Court of Appeal.
Beijing Olympics
In spite of all the hype about the Beijing Olympics and the perfor-mance of home-grown gold medallists, such as Usain Bolt, Asafa Powell, Shelly-Ann Fraser, Michael Frater et al, there is still the lack of self-belief. What policy or sports programme has changed in Jamaica because of these achievements? Lest we forget, it was Digicel, an Irish company, which had faith in Bolt from 2004.
When we support the Caribbean Court instead of a Privy Council, then you will know that Jamaicans are growing in self-belief.
Reverend Devon Dick is pastor of Boulevard Baptist Church and author of 'Rebellion to Riot: the Church in Nation Building'. Feedback may be sent to columns@gleanerjm.com.
