OPINION: Independence Minus Justice?

The Caribbean’s justice system remains deeply entrenched in colonial practices, raising concerns about its fairness and relevance in modern society. Despite a single reform decades ago, the region continues to operate under outdated laws originally imposed by British colonizers—laws that even the United Kingdom has long abandoned. A critical issue is the lack of judicial discretion, which undermines the fairness of verdicts. Additionally, the elitism embedded in the legal profession perpetuates inequality, with courts often displaying contempt rather than empathy for the poor and marginalized. The formal attire and intimidating courtroom settings further alienate ordinary citizens, reinforcing a system that appears more concerned with maintaining authority than delivering justice. While some superficial changes, such as the removal of traditional wigs, have been made, the overall structure remains imperious and disconnected from the people it serves. Unlike other former colonies, such as African nations and India, which have integrated traditional justice systems, the Caribbean remains tethered to foreign legal frameworks. This dependence on colonial-era laws raises questions about the region’s true independence, particularly when key governmental institutions still swear allegiance to foreign powers. Resistance to adopting the Caribbean Court of Justice (CCJ) as the apex court highlights the persistence of outdated political dynamics that favor the elite at the expense of the poor. The executive branch’s control over court registries and administrative systems further erodes trust in the judiciary, turning justice into a tool for those in power. The absence of a justice system that reflects the region’s cultural identity and addresses poverty and colonialism underscores the urgent need for a revolutionary overhaul. Lawyers and judges must strive to create an independent judiciary that resonates with the Caribbean’s people, using accessible language and attire that fosters inclusivity rather than intimidation. The pompous remnants of colonial rule must be dismantled to build a justice system that truly serves the people.