According to the article Mark argued “There are 1.4 million Indo-Trinidadians in Suriname, in Guyana and in Trinidad and Tobago…. they have appointed between six and nine judges to the CCJ, not one single Indian, not one Indian in that balance.”
Attempting to frame Mark’s comment in some context we considered in 2001 twelve States signed the accord establishing the Caribbean Community and the CARICOM Single Market & Economy. They are Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts and Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago. Notwithstanding, membership of the Community remains open to any State or Territory of the Caribbean Region. Thus far, only two states, Barbados and Guyana have made the Caribbean Court of Justice its final court of appeal.
Currently, there are seven justices of the Caribbean Court of Justice, six of whom are male. They are:
The Right Honorable Mr. Justice Michael de la Bastide – President (Trinidad & Tobago)
The Honorable Mr. Justice Rolston Nelson (Trinidad & Tobago)
The Honorable Mr. Justice Duke E. E. Pollard (Guyana)
The Honorable Mr. Justice Adrian Saunders (St. Vincent & the Grenadines)
The Honorable Madame Justice Desiree Bernard (Guyana)
The Honorable Mr. Justice David Hayton (United Kingdom)
The Honorable Mr. Justice Jacob Wit (Netherlands Antilles)
Without being dismissive, we explored whether there was any merit in the Senator’s argument from a regional perspective given the prominence of race issues in T & T’s politics.
According to the population data produced by the US Central Intelligence Agency - World Fact Book, the total population of the aforementioned States is an estimated 6,562,449. Taken at its face value it would not be unreasonable to assume even with a 1:6 ratio, there should at least be one Indian sitting judge. But, the question arises what about other ethnic group? Moreover, is the gender composition reflective of the region?
Following is a break down of the ethnic composition for individual States produced by the US Central Intelligence Agency – World Fact Book as at April 15, 2008
Population: 69,842
Ethnic composition: black 91%, mix 4.4%, white 1.7% other 2.9%
Population: 307,451
Ethnic composition: black 85%, white 12%, Asian and Hispanic 3%
Population: 281,968
Ethnic composition: black 90%, white 4%, Asian and mixed 6%
Population: 301,270
Ethnic composition: mestizo 48.7%, Creole 24.9%, Maya 10.6%, Garifuna 6.1%, other 9.7%
Population: 72,514
Ethnic composition: black 86.8%, mixed 8.9%, Carib Ameridan 2.9%, white 0.8%, other 0.7%
Population: 90,343
Ethnic composition: black 82%, mixed black and European 13%, European and East Indian 5%, traces of Arawak/Carak Amerindian
Population: 770,794
Ethnic composition: East Indian 50%, black 36%, Amerindian 7%, white, Chinese and mixed 7%
Population: 2,804,332
Ethnic composiion: black 91.2%, mixed 6.2%, other unknown 2.6%
Population: 9,638
Ethnic composition: black, white - unspecified
Population: 39,619
Ethnic composition: predominantly black, some British, Portuguese and Lebanese
Population: 172,884
Ethnic composition: black 82.5%, mixed 11.9%, East Indian 2.4%, other or unspecified 3.1%
Saint Vincent and the Grenadines
Population: 118,432
Ethnic composition: black 66%, mixed 19%, East Indian 6%, Carib Amerindian 2%, other 7%
Population: 475,996
Ethnic composition: East Indian 37%, Creole (white and black) 31%, Javanese 18%, Maroons 10%, Amerindian 2%, Chinese 2%, white 1%
Population: 1,047,366
Ethnic composition: Indian (South Asian) 40%, African 37.5%, mixed 20.5%, other 1.2%, unspecified 0.8%
Should ethnicity or ethnic composition be a serious consideration for the selection of judges to the Caribbean Court of Justice? We'll let our readers decide.
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