Joint IACHR-CCJ Webinar for Justices of the Caribbean Court of Justice (CCJ), the CCJ Academy of Law (CAL), the Caribbean Association of Judicial Officers (CAJO) and Bar Associations
Topic: Equality Before the Law, Arbitrary and
Pre-trial Detention
Remarks by Wesley Gibbings on the Derek Ramsamooj
Case and CARICOM’s Charter of Civil Society
November 5, 2026
Distinguished justices, colleagues and friends,
A brief personal note before I begin my submission to this esteemed
audience. I worked at the CARICOM Secretariat in the mid-1990s when the Charter
of Civil Society was being developed as a companion instrument alongside the
Single Market and Economy.
I have since repeatedly attempted to place on the public record the
habitual omission of the Charter as an indispensable feature of our integration
movement.
As a human rights defender operating in the international space, I have also
sought to promote recognition of this Caribbean aspiration.
In the deliberations on Target 16.10 of the Sustainable Development
Goals, for example, I recorded our Caribbean ambitions on public access to
information and the protection of fundamental freedoms.
More recent discussions on the EscazĂș Agreement on environmental
information included advocacy linking it to the CARICOM Charter.
When Caribbean Heads gathered to sign on to the Charter in Antigua and
Barbuda almost 30 years ago, they were providing an intellectual basis for
numerous interventions of this kind in the years to come.
The Charter was an ambitious undertaking to signal that regional
integration must mean more than trade liberalisation, economic cooperation,
diplomatic solidarity, and the free movement of goods, services and people.
It was, in short, an attempt to establish a collective understanding of
the relationship between Caribbean governments and the people they serve.
Yet, almost three decades later, we are still struggling with a failure
to translate such a dynamic into everyday legal, political and institutional
practice.
I consider the Charter to be our Caribbean bill of rights. This captures
its ambition, even if we must recognise its actual legal status.
The Charter has so far been treated as an agreeable declaration,
occasionally invoked at regional meetings and political gatherings, but rarely
used as a living instrument for interrogating public policy, challenging
official conduct, or defending the rights of Caribbean citizens.
It is my view that the recent CCJ judgment in the Derek Ramsamooj case
offers an opportunity to change that.
I suggest that the judgment has awakened a dormant dream.
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| Some participants on the IACHR/CCJ Webinar |
Ramsamooj had experienced detention in Suriname between 2020 and 2022.
His passport was confiscated, and he was subjected to a procedure known as beperking,
which permitted restrictions on communication between detainees and the outside
world during investigations.
In his case, the restrictions denied him direct access to legal counsel
during critical stages of his detention and interrogation. He was questioned in
Dutch, through an interpreter, and signed documents in a language he did not
understand.
One important question before the CCJ was whether rights granted to
CARICOM nationals under the Revised Treaty of Chaguaramas could be meaningfully
exercised without adequate protection of fundamental human rights.
I believe the Court's response was significant.
Yes, it denied the proposition that the Charter of Civil Society had
somehow become a legally binding treaty. But at the same time, the Court also
rejected the suggestion that the document was merely a symbolic declaration
without practical relevance.
Instead, the judges recognised the Charter as an important guide to
interpreting Community law and identifying the general principles underpinning
the integration project.
Together with member states' constitutions and international human
rights instruments, the Charter helped the Court identify a regional baseline
of rights and freedoms.
The judgment established that freedom of movement and other rights under
the Revised Treaty cannot be effectively exercised without minimum human rights
protections.
Among these is access to legal counsel of one's choice, which the Court
recognised as a regional customary standard.
The judgment establishes that the exercise of rights under the regional
integration framework cannot be separated from the protection of fundamental
human rights.
Second, it gives the Charter a practical interpretative significance
that its previous treatment had largely denied it.
And third, it sends a message to regional governments that their
commitments to human dignity, due process and fundamental freedoms cannot
simply be confined to ceremonial declarations.
The judgment has therefore reopened a conversation that should never
have been allowed to disappear.
To appreciate the significance of this moment, we need to examine the
circumstances leading to its creation.
The West Indian Commission, established in 1989, recognised that
Caribbean integration needed a more people-centred foundation.
Its 1992 report, Time for Action, proposed a Charter of Civil Society as
part of a broader effort to give regional integration a democratic and ethical
framework.
The proposal was politically endorsed by CARICOM in October 1992.
Agreement on its principles followed in 1993, and the final document was signed
in February 1997.
The Charter’s 27 articles address an impressive range of concerns.
They cover equality before the law, personal security, fair hearings,
freedom of expression, democratic participation, peaceful assembly, good
governance, social and economic rights, education, health, workers' rights,
cultural diversity and environmental concerns.
This was not an insignificant ambition.
The problem was that successive governments endorsed the principles
without demonstrating a comparable commitment to their systematic
implementation.
Instead, with some considerable justification, CARICOM integration
continues to concentrate heavily on markets, trade and functional cooperation,
while its human rights dimensions remain largely neglected.
The result is that we have a regional instrument containing an
impressive catalogue of democratic and human rights commitments, but without
the public awareness, institutional follow-through, and organised civic
pressure necessary to give those commitments sustained political relevance.
This brings me to what I consider the most serious limitation
confronting the opportunity created by the Ramsamooj judgment.
We have secured an important judicial recognition, but where is the
vibrant regional human rights advocacy environment capable of translating that
recognition into changed official behaviour?
This is not to suggest that Caribbean civil society is without
experience, courage, or accomplishment. There are areas in which some
significant gains have been made, against seemingly impossible odds.
But the challenge is the absence of a sufficiently strong, coordinated
and sustained regional constituency capable of making human rights compliance a
consistent feature of CARICOM's political and institutional life.
Civil society organisations remain too frequently disconnected from one
another, while professional associations and other institutions that should be
natural participants in human rights advocacy have not always been sufficiently
visible in this regional conversation.
Bar associations, in particular, have a key role to play.
They possess the professional standing, legal expertise, and
institutional independence to interrogate legislation, challenge questionable
administrative practices, promote constitutional literacy, and support
strategic litigation.
They should be among the most active, but not the sole, defenders of the
regional human rights standards reinforced by the CCJ.
The point is not simply to establish more organisations or organise
additional conferences. It is to build a functioning regional advocacy
ecosystem. We do not need to agree on everything.
A court can interpret the law but it cannot substitute for an organised
citizenry determined to insist on compliance.
The Charter's own limitations make this point particularly important. Its
declaratory status means that it does not automatically override national
legislation or provide an independent judicial remedy for every alleged
violation.
The CCJ judgment has not transformed it into a binding regional bill of
rights. Perhaps it cannot or should not.
The importance of this judgment lies in the Court's recognition that the
Charter’s principles can inform the interpretation and application of binding
Community law.
This distinction must be understood.
It would be a mistake to expect the Ramsamooj judgment to resolve every
human rights dispute in the region or to provide a general remedy for every
instance of governmental misconduct.
Nor should we assume that a favourable judicial interpretation will
automatically influence the behaviour of governments, police services, public
officials or other institutions.
Judicial recognition is an important beginning, not an implementation
strategy.
Consider the implications for freedom of expression, access to public
information, restrictions on peaceful assembly, policing practices and the
independence of public institutions, and … listen to this … emergency and
security legislation.
The Charter provides a regional framework for examining all these
matters.
But who will consistently ask the difficult questions?
Who will monitor compliance?
Who will prepare the submissions, challenge questionable policies,
defend those whose rights are threatened and ensure that regional governments
cannot conveniently forget their commitments?
And who will maintain public attention when the immediate controversy
has passed?
These are not responsibilities that can be delegated exclusively to the
CCJ.
They belong to a wider democratic constituency.
I suggest that the Ramsamooj judgment should become the catalyst for a
deliberate regional initiative to reclaim the Charter.
There are several practical steps worth considering.
First, CARICOM should be pressed to demonstrate that the Charter's
monitoring and reporting provisions are being implemented. Article 25 provides
an institutional starting point.
Second, civil society organisations and bar associations should
establish a more structured regional mechanism for monitoring human rights
commitments. This should not be left to a UPR or even the Inter-American System.
Third, the Charter should become a much more prominent feature of legal
education, journalism training, public policy discussions, and civic education.
Fourth, CARICOM must make meaningful civil society participation a
regular feature of its decision-making processes rather than an occasional
expression of goodwill.
There were early indications of this. As president of the Association of
Caribbean Media Workers, for example, I served as a member of the Advisory
Committee to the Prime Ministerial Sub-Committee on the CSME.
We also served on several deliberative bodies dealing with a variety of
other regional developmental concerns. None of this applies anymore.
Finally, regional media organisations must take a more deliberate
interest in monitoring the distance between official declarations and actual
public experience.
The Derek Ramsamooj judgment has given us a reason to revisit a promise
that has been neglected for almost three decades.
It has been demonstrated that the CARICOM Charter of Civil Society is
not simply a historical curiosity or an attractive collection of diplomatic
aspirations.
Its principles have a place in the interpretation of Community law and
in defining the human rights standards that must accompany regional
integration.
But we should resist the temptation to celebrate judicial recognition as
if it were the final achievement.
The real test will be whether Caribbean governments behave differently.
The absence of a vibrant, coordinated human rights advocacy environment
is a critical weakness at this time.
Without it, the CCJ's intervention may remain an important legal
milestone without becoming an effective instrument of political and
institutional change.
The dream articulated in 1997 was never simply about establishing
another regional declaration.
It was about building a Caribbean Community in which the dignity, rights
and democratic participation of its people would be as important as the
economic and political arrangements negotiated by their governments.
I humbly submit the CCJ judgment in the Ramsamooj case has helped
awaken that dream. Now it is time for us to rise from our sleep.
Thank you.




