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ST. LUCIA

The of St. Lucia offers pleasure and enrichment through the wonder of the undiscovered, the adventure of the unfamiliar, the freshness of the unspoiled and the stimulation of the exotic.

By: TERRICA R. JENNINGS SPRING 2009 MAP OF THE : ST. LUCIA THE ISLAND OF ST. LUCIA

Next to , St Vincent and the St Lucia is located midway down the , and , St Lucia Eastern Caribbean chain, about is one of the four Windward . 2’100 kilometers southeast of It is 43 kilometers long and Florida, between Marnique and 23 kilometers wide, covering an St Vincent, and north of . of 616 square kilometers. It is part of the West Indian Administravely it is divided into ten archipelago, which stretches for districts and its capital city is . more than 3’200 kilometers from St Lucia lies at latude 13 54’ north of the and 60 50’ southwards to the northern west. One of the , it is located in the middle coast of of the Eastern Caribbean chain of islands and is approximately 21 miles south of Marnique and 90 miles northwest of Barbados. Castries (populaon 50,000) is the island’s capital and is situated North‐west of the island.

Geography Area: 619 sq. km. (238 sq. mi.). Cies: Capital‐‐Castries (pop. est. 67,000); Micoud; Gros‐ Islet; Vieux Fort; Soufriere. Terrain: Mountainous. : Tropical. ST. LUCIANS-THE PEOPLE

Naonality: Noun and adjecve‐‐St. Lucian(s). Populaon (2006): 166,014. Annual growth rate (2006): 0.74%. Ethnic groups: African descent 90%, mixed 6%, East Indian 3%, European 1%. : Roman Catholic, Seventh Day Advenst, various Protestant denominaons. Languages: English (official); a French is common throughout the . Educaon (2004): Adult literacy‐‐94.8%. (2006): Infant mortality rate‐‐12/1,000. ‐‐men 73 ; women 76 years. Unemployment (2006): 15.7%. ST LUCIA-THE CULTURE

• The fusion of European and African cultures gave birth to the Quadrille and Belair dance which started as awkward imitaons of European dance with some intense African vigor. • This form of dance together with developed with a synthesis of the Church and were used for general celebraons especially on feast days. • In recent mes St. Lucia has witnessed a tremendous influence of other styles of music which includes the French , Calypso, Soca, , and . hp://www.visitslu.com/about_slu/culture/folk.html POPULATION

• Approximately 85% of all St. Lucians are of pure African decent. • There is a small percentage of mixed African, Brish, French, East Indian, and Carib ancestry, and a pure group from East Indian and European decent. • Combined, the overall populaon of St. Lucia is approximately 160,000 with at least one‐third of that amount living in the Castries‐Gros Islet region and its suburbs. POLITICS Principal Government Officials • ‐‐Queen Elizabeth II • Governor General‐‐Dame Pearlee Louisy • Prime Minister and Minister of , External Affairs, Internaonal , Economic Affairs and Informaon‐ • Ambassador to the UN‐‐Chargé Olaf Fontenelle Queen Elizabeth II Honorable Stephenson • Ambassador to the King, Prime Minister of St. and the OAS‐‐Michael Louis Lucia • Naonal defense: St. Lucia has no army, but maintains a coast guard and a paramilitary Special Services Unit within its police force. POLITICS ST. LUCIA IS A PARLIAMENTARY DEMOCRACY, BOASTING TWO POLITICAL PARTIES: 1. The United Workers Party (party currently in office) 2. The St. Lucia Labor Party CURRENT PRIME MINISTER: Honorable Stephenson King‐ In May 2007, the previous Prime Minister, Prime Minster Compton, became ill and appointed Minister for Health Stephenson King as Acng Prime Minister. King served in this capacity unl Compton passed away on September 7, 2007. Two days later, King was sworn in as Prime Minister GOVERNMENT PRIORITIES: • Informaon disseminaon; • Provision of broad guidelines and direcon to the Public Service; • Generally facilitate and manage the overall affairs of St. Lucia Prime Minister, Honorable Stephenson King, Honorable Stephenson Prime Minister of the ; King and President Prime Minister’s Office • Revision of Naonal Disaster Management Plan for the Obama 5th Floor, Greaham Louisy island; Administrative Building Waterfront, Castries • Restructuring of the Government Prinng Office with a Saint Lucia, view to increasing efficiency and producvity; • Establishment of the Naonal Hazardous Migaon Council. POLITICS • TYPE OF GOVERNMENT: St. Lucia is a parliamentary democracy modeled on the *. – The head of state is Queen Elizabeth II, represented by a governor general, appointed by the Queen as her representave. – The governor general exercises ceremonial funcons, but residual powers, under the constuon, can be used at the governor general's discreon. – The actual power in St. Lucia lies with the prime minister and the cabinet, usually represenng the majority party in • : 22, 1979 • CONSTITUTION: 1979 • BRANCHES OF GOVERNMENT: – Execuve‐governor general (represenng Queen Elizabeth II, head of state), prime minister (), cabinet. – Legislave‐bicameral parliament. • 17‐member whose members are elected by universal adult suffrage for 5‐ terms • 11‐member appointed by the governor general • The parliament may be dissolved by the governor general at any point during its 5‐year term, either at the request of the prime minister‐‐in order to take the naon into early elecons‐‐or at the governor general's own discreon, if the house passes a vote of no‐confidence in the government. – Judicial‐district , Eastern Caribbean Supreme Court (High Court and Court of Appeals), final appeal to Privy Council in . – Administrave subdivisions: 11 parishes. • Suffrage: Universal at 18. * The Westminster system is a democrac of government modeled aer the Brish government (the Parliament of the ). This term comes from the Palace of Westminster, the seat of the UK Parliament LANGUAGE St. Lucia has a rich, tension‐ racial mix of Main languages spoken: descendants of Africans, Caribs, and European English, French Creole selers. Despite relaxed atudes, family life is central to most St. Lucians, many of whom are praccing Roman Catholics. Small families are the . In rural districts, where women many of the farms, absentee fathers are fairly common. In recent years, women have had greater access to higher educaon and have moved into professions. A bill to permit the occasional use of Creole in parliament was passed in 1998.

The main language in Saint Lucia is English although many St. Lucians also speak French and Spanish. Kwéyòl, St Lucia's second language, is widely spoken by the St. Lucian people including all walks of life such as doctors, bankers, government ministers and the man on the street! Kwéyòl is not just a patois or broken French, but a language in its own right, with its own rules of grammar and syntax. The language is preserved by its everyday use in day‐to‐day affairs and by special radio programs and news read enrely in Kwéyòl.

• The main religious group in St. Lucia is the Roman Catholic community, which accounts for about 90% of the populaon. Anglican, Bapst, Methodist, Pentecostal, Seventh Day Advenst, the Salvaon Army and, other Chrisan Science communies are all represented on the island. All except the Bapst and Seventh Day Advenst denominaons make up the St. Lucia Chrisan Council.

• The Roman serves some twenty‐ three (23) parishes throughout the islands and administers three (3) secondary schools parcularly St. Mary’s College for Boys, St. Joseph’s Convent (run by the Sisters of St. Joseph of Cluny), and a Vocaonal School for Girls (run by the Corpus Chris Carmelites). The R.C. Church also administers the Marian Home for senior cizens in Castries and the St. Jude’s Hospital in Vieux Fort. In addion, there are over forty (40) Catholic Primary Schools located throughout St. Lucia. ECONOMICS • GDP (2006): $899 million. • GDP growth rate (2006): 4.5%. • Per capita GDP (2006): $4,803. IMPORTS: • Inflaon of consumer prices (2006): 2.34%. • Natural resources: , minerals (), mineral springs. • : , cocoa, , citrus fruits, and livestock. • : Garments, electronic components, beverages, corrugated boxes. • Services: and offshore banking. EXPORTS: • Trade (2005): Exports‐‐$64 million (merchandise) and $389 million (commercial services). • Major markets‐‐ (28.2%), and (22.5%), United States (14.0%), Barbados (10.1%), and Grenada (5.2%). • Imports‐‐$475 million (merchandise) and $159 million (commercial services). • Major suppliers‐‐United States (43.9%), (14.2%), European Union (14.2%), (4.6%), and Barbados (3.0%). Official exchange rate: EC$2.70 = U.S. $1. ECONOMICS • St. Lucia's depends primarily on: • Tourism recovered in 2004, following the post‐September 11, 2001 recession, and connued to grow in 2005, making – tourism and producon, with some up more than 48% of St. Lucia's GDP. The hotel and restaurant industry grew by 6.3% during 2005. Stay‐over contribuon from small‐scale manufacturing. arrivals increased by 6.5%, and the United States remained • All sectors of the economy have benefited from the most important market, accounng for 35.4% of these arrivals. infrastructure improvements in roads, communicaons, water supply, sewerage, and port facilies. • Yacht passengers by 21.9%. Redeployment of cruise ships, remedial berth construcon, and high fuel costs – These improvements, combined with a stable prevented higher growth rates. However, several investors polical environment and educated work force, have planned new tourism projects for the island, including have aracted foreign investors in several a large hotel and in the southern part of the island. different sectors. • St. Lucia's is the Eastern Caribbean (EC$), a • Although St. Lucia enjoys a steady flow of investment in regional currency shared among members of the Eastern tourism, the single most significant foreign investment Caribbean (ECCU). is Hess Oil's large storage and • The Eastern Caribbean (ECCB) issues the EC$, transshipment terminal. In addion, the Caribbean manages monetary policy, and regulates and supervises commercial banking acvies in its member . The Development Bank funded an extensive airport ECCB has kept the EC$ pegged at EC$2.7=U.S. $1. expansion project. • St. Lucia is a beneficiary of the U.S. • Although banana revenues have helped fund the country's development since the 1960s, the industry is • Iniave and is a member of the and Common Market (CARICOM). now in a terminal decline because of compeon from – The country hosts the execuve secretariat of the lower‐cost Lan American banana producers and Organizaon of Eastern Caribbean States (OECS). reduced European Union trade preferences. – Alternave products: cocoa, and avocados CRIME & VIOLENCE

• Crime Death penalty in use • Total prison populaon: 365 prisoners • Crime trend: Crime is rising • is rare, but narcocs‐ related deaths are increasing, as is violence in schools. • The government has strengthened the police force to combat rising urban crime. • There is legal aid assistance for criminals in St Lucia – (See Judicial secon of presentaon) From "The Desk Reference" © Dorling Kindersley 2004 WORLD RANKINGS

St. Lucia offers a high level of quality educaonal opportunies for everyone. As a result, St. Lucia’s working‐ age populaon are graduates with secondary and post‐ secondary educaon from accredited technical colleges and universies from the Caribbean, USA, , and .

Currently, St. Lucia’s post secondary educaon offers a community college (Sir Arthur Community College) and one university (University of the West Indies through their Distance Educaon Centre) with a full range of diploma and under graduate programs in the fields of management, arts, technology, science, and engineering. EDUCATION •Educaon School leaving age: 16 Literacy rate: 90% •Numbers in terary educaon: 3881 students •Educaon‐ Based on Brish Colonial System •Basic educaon reform ‐ there is currently a basic school restructuring program being untaken in St. Lucia

From "The Financial Times World Desk Reference" © Dorling Kindersley 2004

Nobel prizewinners Sir Arthur Lewis (economics) and Derek Walco (literature) gives St. Lucia the world's highest per capita rao of laureates. EARLY CHILDHOOD/ *DEPARTMENTS AND DIVISION INFANT •Division of Agriculture 5 YEARS‐7 YEARS OLD •Department of Health Sciences •Division of Arts, Sciences and General Studies K, G1, G2 •Division of Arts, Sciences and General Studies •Division of Technical Educaon and JUNIOR PRIMARY Management Studies 7 YEARS‐11

•Division of Teacher Educaon and Educaonal YEARS Administraon Department of Connuing Educaon G3, G4, G5, G6 EDUCATION EXAM: GSAT

SECONDARY SCHOOL CHART 11 YEARS‐16 YEARS From Early Childhood to School F1, F2, F3, F4, F5 EXAMS: CXC AND A‐LEVEL EXAMS

TERTIARY LEVEL EDUCATION 17 YEARS + ‐‐2 years/‐Bachelor degree 4 years ENTRANCE EXAM: CXC AND OR A‐LEVELS EXAMS OVERSEAS UNIVERSITY 17 YEARS + ENTRANCE EXAM: S.A.T.

TECHNICAL INSTITUTIONS ‐ELECTRICIAN ETC. LAW SCHOOL UNIVERSITY OF THE WEST INDIES SIR ARTHUR LEWIS ENTRANCE COMMUNITY EXAM: L.S.A.T. COLLEGE VARIOUS DEPARTMENTS & DIVISIONS* ‐TEACHING ETC. EDUCATION

• EARLY CHILDHOOD/ INFANT • TERTIARY EDUCATION – Age group: 5‐7 years old – Sir Arthur Lewis Community College – Kindergarten grades: K, G1, G2 • Age group: 17 years plus • Programs offered at the College: Associate Degree, • JUNIOR PRIMARY Diploma, Cerficate – Age group: 7‐11 OR 12 years old • Requirement: Examinaon Council Exam (CXC) and/ or – Grades: G2, G3, G4, G5, G6 Advanced Level Examinaon (A‐Level‐Brish based examinaon – Exit examinaon: take the Grade School Assessment – University of the West Indies exam (GSAT) to get into Secondary School • Age group: 17 years plus • Requirement: Caribbean Examinaon Council Examinaon • SECONDARY SCHOOL (CXC); and/or – Entrance examinaon: Grade School Assessment exam (GSAT) • Requirement: Advanced Level Examinaon (A‐Level‐Brish based examinaon) – Age group: 11 OR 12 years old‐16 years old – Technical High schools – Grades: F1, F2, F3, F4, F5 • Age group: 17 years plus • Vocaonal type schools • ALTERNATIVE INSTITUTIONS: – Overseas Universies • Entrance examinaon: SAT exam – Special Educaon Schools • LAW SCHOOL – Adult Educaon Schools – University of the West Indies: – Private Schools • Requirement: Four year college degree (overseas of ) – CXC and A‐Levels are also considered – Some students are able to start law school straight out of high school (aer compleng A‐ Level examinaons) but their scores have to be very high. – Overseas University: • Requirement: CXC and/ or A‐Level examinaons • Requirement: Four year college degree from an approved university • Entrance examinaon: LSAT exam EDUCATION

Schools‐ Capacity • Ø Physical capacity of a school is esmated at the rate of 35 pupil/ students per classroom. • Ø In case of double shi schools, capacity is measured in terms of 70 pupils/students per classroom. • Ø If enrolment of a school is more than its capacity then it is a case of over ulizaon of physical Honourable Arsene Vigil Senator Gaspard capacity. James Charlemagne Minister of Educaon Minister in the Ministry • Ø If enrolment of a school is less and Culture of Educaon and Culture than its capacity then it is a case of under‐ ulizaon of physical capacity. EDUCATION

Negave aspects of the St. Lucian educaon system:

1: Factors that contribute to the negave aspect of the St. Lucian 6: A lack of arsc and creave development throughout primary educaon system. Three are parcularly important: and secondary educaon. I hold the view that the current educaon system is by no means holisc, and that an 1) the dominaon of the profession by women; apparent lack of creavity, innovaon, and crical thinking 2) the prevalence of non‐professional teachers in the system; skills in the naon is inmately connected to a lack of and 3) the short‐sighted view of educaon as a non‐economic emphasis on arsc and creave development in the acvity. educaon system. 7: The absence of a conscious and explicit cultural dimension to educaon. Salary discriminaon against women is a world‐wide 8: The absence of a strong culture of naonalism and regionalism phenomenon and is perpetuated in St. Lucia by the existence in the system. of a largely patriarchal society. The presence of non‐ 9: The perpetuaon of a hierarchy of secondary schools. professional teachers helps to jusfy connued payment of low 10: The lack of opportunies for re‐entry into the system. wages. 11: Inadequate and insufficient opportunies for life‐long learning. 2: The lack of a learner‐centered of educaon. 12: The degree of asymmetry in the allocaon of resources to 3: There is a potenal lack of an explicit value and belief system schools across the country. guiding educaonal delivery. 13: The inadequacy in the variety of learning modes for learners. 4: The existence of a distorted, inadequate, and inappropriate view of 14: The prevalent use of "unqualified" teachers in secondary what is intelligence. schools who have lile knowledge of pedagogical tools and 5: An over‐emphasis on of the importance of science curricula versus who have lile or no knowledge of how individuals learn. that of other disciplines. I hold the belief that the science bias 15: An inadequate balance between academic and vocaonal in curricula has the effect of producing human resources for educaon. use in "developed countries". Meaningful parcipaon in the 16: The existence of an overt philosophy that educaon is a privilege and not a right. That is evident in the existence of sciences today, requires a graduate degree. Science Common Entrance to get to a secondary school and CXCs to professionals with a keen interest in scienfic inquiry would get to Sir Arthur. The purpose of tesng in St. Lucia is to have a difficult me finding suitable opportunies to pracce facilitate screening not learning! A wrong‐headed approach. in St. Lucia, so they remain abroad. EDUCATION

Recommendaons: How to fix the broken system • Step 1: Begin the process of eliminang Common Entrance examinaon. – This step has already been completed as the GSAT exam has replaced the Common Entrance examinaon. • Step 2: Conduct an audit of the enre educaon system. Philosophy, mission, vision, values, beliefs, systems, procedures, performance measurement, resource allocaon, pedagogy, involvement of community, teaching quality, incenve and reward systems, and curriculum should all be crically examined. • Step 3: Call a naon‐wide conference on educaon reform. All teachers and stakeholders should be brought together to discuss crical issues facing the educaon system, and to idenfy viable soluons. The report from the audit will play a crical role in idenfying the issues for discussion and soluon. • Step 4: Develop a mul‐phased acon plan for implemenng the recommendaons for reform. EDUCATION EDUCATION

Primary School of St. Lucia St. Lucia’s Private Schools EDUCATION

Secondary Schools University, College & Special School Jurisprudence in St. Lucia

• With the excepon of and St. Lucia, the legal system of the English‐speaking Caribbean countries is based. • The legal system of St. Lucia is best described as “hybrid” because St. Lucia has a strong influence of the French mixed in with the common law. – The legal system is based on English common law and "Code Napoleon". – Both common law and statute law govern St. Lucia.

Dorcas White (1981). Some Problems of a Hybrid Legal System: A Case Study of St. Lucia. Internaonal & Comparave Law Quarterly, 30 , pp 862‐881 doi:10.1093/iclqaj/30.4.862 Jurisprudence in St. Lucia

CURRENT COURTS: PROPOSED ALTERNATIVE COURT: CCJ • The Lowest Court: • St. Lucia has been asserted interested – Court in joining the Caribbean Court of • High Court and Court of Appeal‐ The Jusce (CCJ). Eastern Caribbean Supreme Court – The Caribbean Court of Jusce – An inerant court, and sings are shall perform to the highest rotated among the nine Member standards as the supreme judicial States: namely Angua, , Dominica, Grenada, , Saint organ in the Caribbean Kis & , and Saint Lucia – joined Community. in – In its original jurisdicon it – The Eastern Caribbean Supreme Court ensures uniform interpretaon consists of two divisions: and applicaon of the Revised • High Court of Jusce , thereby • Court of Appeal underpinning and advancing the – Cases may be appealed to the CARICOM Single Market and Eastern Caribbean Court of Appeals Economy. and, ulmately, to the Judicial – As the final court of appeal for Commiee of the Privy Council in member states of the Caribbean London. The Community it fosters the • Highest Court: Her Majesty in Council (Privy development of an indigenous Council) Caribbean jurisprudence Jurisprudence in St. Lucia

Original jurisdicon connued: CHAPTER VIII OF THE ST LUCIAN CONSTITUTION (4) The Chief Jusce may make rules with respect to pracce GOVERNS JUDICIAL PROCEEDINGS and procedure of the High Court in relaon to the relaon to the jurisdicon and power conferred on the Court by or Original jurisdicon of High Court in constuonal quesons under his secon, including provision with respect to the me within which any applicaon under this secon may be (1) Subject to the provisions of secon 22(2), 37(6), 41(11), 58(7), made. 117(8), 121(3) and 124(10) of the St Lucia Constuon, any person who alleges that any provisions of this Constuon (5) A person shall be regarded as having a relevant interest for the (other than a provisions of Chapter 1 thereof) has been or is purpose of an applicaon under this secon only if the being contravened may, if he has a relevant interest, apply to contravenon of this Constuon alleged by him is such as the High Court for a declaraon and for relief under this to affect his interests. secon. (6) The right conferred on a person by this secon to apply for a (2) The high Court shall have jurisdicon on an applicaon made declaraon and relief in respect of any alleged contravenon under this secon to determine whether any provisions of of this Constuon shall be in addion to any other acon in this Constuon (other than a provision of Chapter 1 thereof) respect of the same maer that may be available to that has been or is being contravened and to make a declaraon person under any other law. accordingly. (7) Nothing in this secon shall confer jurisdicon on the High Court to hear or determine any such queson as is referred (3) Where the High Court makes a declaraon under this secon that a provision of this Constuon has been or is being to in secon 39 of the St Lucia Constuon. contravened and the person on whose applicaon the declaraons made has also applied for relief, the High Court Reference of constuonal quesons to High Court may grant to that person such remedy as it considers (1) Where any queson as to the interpretaon of this appropriate, being a remedy available generally under any Constuon arises in any court of law established for Saint law in proceedings in the High Court. Lucia (other than the Court of Appeal , the High Court or a court maral) and the court is of opinion that the queson involves a substanal queson of law, the court shall refer the queson to the High Court. (2) Where any queson is referred to the High Court in pursuance St Lucia Constuon: Judicial Provision of this secon the High Court shall give its decision upon the hp://www.stlucia.gov.lc/saint_lucia/saintluciaconstuon/ queson and the court in which the queson arose shall judicial_provisions.htm dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, her Majesty in Council. Jurisprudence in St. Lucia

Appeals to Court of Appeal Privy Council Connued: Subject to the provisions of secon 39(8) of the St. Lucia Constuon, an appeal shall lie from decision of the High Court of (2) An appeal shall lie from decision of the Court of Appeal Appeal as of right in the following cases‐ to Her Majesty in Council with the leave of the Court of Appeal in the following cases‐ a) Final decision in any civil or criminal proceedings on queson as to a) Decision in any civil proceedings where in the opinion of the interpretaon of this Constuon: the Court of Appeal the queson involve in the appeal is b) Final decision given in exercise of the jurisdicon conferred on the one that, by reason of its great general or public importance High Court by secon 16 of the St Lucia Constuon (which relates or otherwise, ought to be submied to Her Majesty in Council; and to the enforcement of the fundamental rights and freedoms); and b) Such other cases as may be prescribed by Parliament. c) Such other cases as may be prescribed by Parliament d) Cases may be appealed to the Eastern Caribbean Court of Appeals (3) An appeal shall lie to Her Majesty in Council with the and, ulmately, to the Judicial Commiee of the Privy Council in special leave of Her Majesty from any decision of the Court London. of Appeal in any civil criminal maer. Appeals to Her Majesty in Council (PRIVY COUNCIL) (4) References in this secon to decisions of the Court of (1) An appeal shall lie from decisions of the Court of Appeal to Her Appeal shall be construed as references to decisions of the Majesty in Council as of right in the following cases‐ Court of Appeal in exercise of the jurisdicon conferred by this Constuon or any other law. a) Final decision in any civil proceedings where the maer in dispute on the appeal to Her Majesty in Council is of the prescribed value or (5) In this secon the prescribed value means the value of upwards or where the appeal involves directly or indirectly a claim to fieen hundred or such other value as may be or queson respecng property or a right of the prescribed value or prescribes by Parliament. upwards; b) Final decision in proceedings for dissoluon or nullity of marriage; (6) This secon shall be subject to the provisions of secon 39 (7) of the St Lucia Constuon Constuon c) Final decisions in any civil or criminal proceedings which involve a queson as to the interpretaon of this Constuon; and d) Such other cases as may be prescribed by Parliament. JUDGES To qualify for appointment as a Jusce of Appeal, a person must be or have been a judge of a court of unlimited jurisdicon in civil and criminal maers in some part of the , or a court having jurisdicon in appeals from such court for an aggregate of at least five years, or a person who is qualified to pracce as an advocate in such a court and has pracced for an aggregate of at least fieen years. To qualify for appointment as a High Court Judge, a person must be or have been a Judge of a court of unlimited jurisdicon in civil and criminal maers in some part of the Commonwealth or a court having jurisdicon in appeals from such court, or a person who is qualified to pracce as an advocate in such a court and has so pracced for an aggregate of at least ten years. To qualify for an appointment as a Master, a person must be qualified to pracce as an advocate and to have so pracced for an aggregate of at least ten years in a court of unlimited jurisdicon in civil and criminal maers in some part of the Commonwealth or a court having jurisdicon in appeals from such a court. Tenure of Office: A Jusce of Appeal holds office unl he aains the age of sixty‐five years; a High Court judge, the age of sixty‐ two years. The Judicial and Legal Services Commission, acng with the concurrence of Heads of Government of all the States, may permit a Judge to connue in his office for a period not exceeding three years. Jurisprudence in St. Lucia

• FILING DOCUMENTS WITH THE COURTS: • FORMS: All forms of the Eastern Caribbean Supreme A document may be filed (lodged) at the court office Court must be used only in the cases to which where the claim is proceeding or intended to proceed by they apply. any of the following ways: delivery in person, posng it, or sending it by FAX. A form may be varied if the variaon is required by the circumstances of a parcular case. A document is filed on the day when it is received at the court office or, if it is received at a me when the court A form must not be varied so as to leave out any office is closed, on the next day on which the court office informaon or guidance which the form gives to is open. the intended recipient of the form. Fees Fees The Eastern Caribbean Supreme Court imposes If a fee is to be paid, a document is not to be treated as various fees for an applicaon or appeal filed in filed unl the fee is paid or an undertaking to pay the fee, the Court. These Court fees are different from acceptable to the Registrar, is received. the fees that lawyers charge their clients.

Filing by Fax‐Complete a cover sheet which clearly states: See individual Member State for relevant fees. Name, address and telephone number of the sender; (Eastern Caribbean Supreme Court Civil date and me of transmission; total number of pages Procedure Rules: 3.7, 3.8, 3.10) transmied, including the cover page; number of the FAX Machine at which documents may be received; and name and telephone number of a person to contact if problems occur in transmission. Jurisprudence in St. Lucia

Court Reporng Unit • The Court Reporng Unit has been established effecve 1st April, 2005. This Unit will have responsibility for the transcripon and reporng of court proceedings. • In accordance with the Recording of Court Proceedings Act No. 32 of 2003 the applicable fees are as follows:

A. Sale of Transcripts Fee Per Page 1. Civil Maers $5.00 for first copy and $2.00 for any addional copies 2. Criminal Maers $2.00 for first copy and $0.50 for any addional copies

B. Sale of Tapes 1. Civil Maers $20.00 2. Criminal Maers $10.00

C. Contact: Peynier Street Castries Saint Lucia, W.I. Tel: 758‐468‐3804 758‐452‐2520 Fax: 758‐453‐2071 [email protected] Mediaon Tel: 758‐457‐3637 Legal Aid Assistance in St Lucia

LEGAL AID ACT OF 2007: LEGAL AID: • St Lucia established a Legal Aid Act in 2007 •Applicants are assigned an aorney by the • St Lucia provides legal aid assistance in both Civil and board or they are able to chose one from a Criminal maers. list provided by the Board. – This is unique as other Caribbean countries provide •The board provided aorney is paid legal aid criminal cases only‐and specifically murder cases. through a government controlled Legal Aid – Other countries such as Jamaica, Trinidad and Fund. Tobago and provide legal aid in both •There are some out of pocket civil and criminal maers. expenses that the applicant is solely • Aorney fees are paid through a Legal Aid Fund: Parliament assigns money to the fund, loans, grants and responsible for. money gained through other approved investments. •If the applicant does not comply with the suggesons/ instrucons of the aorney, APPLICANTS: the cerficate is cancelled and services • A person who cannot obtain legal services from a private withdrawn aorney may apply to the Board of the Legal Aid Fund for assistance in obtaining legal representaon. • Procedure: – Applicant received and completes an applicaon. – There is a fee of $1 or another fee prescribed by the board. – If any false statement is asserted in the applicaon, Legal Aid Act in St Lucia: a fee, not to exceed $5000 is charged. – If the applicaon is approved, the applicant receives hp://www.stlucia.gov.lc/docs/legal_aid/ a cerficate. LegalAidAct.pdf Legal Aid Assistance in St Lucia

1. Two pieces of legislaon guide the extent to which Connuaon: conflict resoluon exists in St. Lucia. Curriculum Exists within the formal educaon sector across Member States of the Caribbean Community (CARICOM) to The Civil Procedure Rules 2000 Rule 25.1 states deal with conflict resoluon

The court must further the overriding objecve by Thus far, the conflict resoluon program within the formal acvely managing cases. educaon sector that adopts a Life‐Skills Approach is the most promising in addressing conflict issues. This may include: The above quoted legislaon in the Civil Procedure Rules Encouraging pares to use any appropriate form of 2000, which entails mediaon pracces for private cizens dispute resoluon including in parcular, mediaon, before the court system, is yet another pracce originang if the court considers it appropriate and facilitang from the Legislator. the use of such procedures

The other piece of legislaon is cited in the Educaon Act 2000 Chapter 18.01 Secon 165 2. Although there is no exisng policy current legislaon can be used to influence development and implementaon both within the formal and non‐formal sector. Mediaon prior to the consideraon of an appeal by the Educaon Appeal Tribunal, the Chairperson may appoint a mediator to aempt to sele the maer Policy challenges include: under the appeal. A general non‐awareness of the scope and benefits to be derived from policy development and implementaon of There are no collaborave iniaves between CRE Government and NGO’s. However, some collaboraon exists between the various A lack of organized structure/ interest group to advocate government departments. and mobilize for development of CRE policy

Lack of financial resources to iniate, develop and implement CRE policy Legal Aid Assistance in St Lucia

3. Teachers’ Colleges and departments of 4. A three‐year longitudinal research inclusive of educaon in CARICOM Member Countries conflict resoluon is presently being have developed a harmonized Curriculum conducted in four CARICOM Member States. Framework that includes conflict resoluon Preliminary findings suggest posive educaon for use. response from students. Behavior change will be measured in the third year of the project. There are no organized aer school or community programs coordinated with • Areas of research most needed include: schools either with the police or other groups. • Needs assessment across CARICOM Member States

• Social Determinants of Conflict across CARICOM Member States

• Research on the effecveness of various approaches. Alternative Dispute Resolution: Mediation WHY MEDIATION • The need for judicial reform to address the problems of an overburdened legal‐judicial system has given rise to new approaches to resolving disputes in a manner other than the tradional form of ligaon. – Mediaon is the Alternate Dispute Resoluon system ulized in St. Lucia.

• Mediaon is ulized in CIVIL CASES.

• Mediaon in St. Lucia governed by the Eastern Caribbean Supreme Court Civil Procedure Rules – Accordingly, the Eastern Caribbean Supreme Court Civil Procedure Rules introduced a system of case management making provision for the Court to acvely manage cases by "encouraging pares to use the most appropriate form of Dispute Resoluon including, in parcular Mediaon, if the Court considers that appropriate, and facilitang the use of such procedures."

hp://www.eccourts.org/ MEDIATION

• Mediaon is a structured dispute • Mediators, unlike Judges, do not resoluon process where an decide cases or impose selements. imparal third party, the Mediator, • The Mediator's Role is to help the meets with disputants in an effort to pares involved in a dispute to idenfy the issues, explore opons communicate and negoate with and clarify goals, outside of a court each other, in a construcve manner, environment. to gain a beer understanding of the • The Mediator facilitates face‐to‐face interests of all pares, and to find a meengs of the pares to assist them resoluon based on common in reaching a mutually‐acceptable understanding and mutual agreement. Pares reach agreement agreement in strict confidence. freely, voluntarily and on the basis of • Mediaon is becoming very popular informed consent. as a means of resolving disputes, • Mediaon is assisted negoaon, since it is invariably less and as the "process expert," the confrontaonal, is oen simpler and Mediator helps the pares negoate thus cheaper and has the added efficiently and effecvely. benefit of being able to be decided by whatever means the pares to the mediaon agree between them. MEDIATION What does Mediaon offer?

Mediaon offers ‐ An informal seng to conduct a session ‐ A trained & cerfied Mediator on the Register of Court‐Connected Mediators ‐ A system in which the pares to the disputes have full say over the outcome of their dispute. ‐ It is faster; as a result pares save both money and me. ‐ An opportunity for pares to face each other and discuss their dispute in good faith with intent to sele. ‐ An opportunity for relaonships to be restored, maintained or rebuilt. ‐ An opportunity for pares to work together to decide on the outcome of their dispute, thereby making it more likely to keep the agreement.

hp://www.eccourts.org/ MEDIATION What kind of disputes can be mediated?

• Almost all disputes can be mediated. • Rate of selements aer mediaon is close to 70% in St. Lucia. • Only CIVIL CASES are currently being mediated in St. Lucia. • The use of Mediaon in St. Lucia is very new and is currently in a pilot phase.

Mediaon is available in the following disputes:

‐ Landlord and Tenant ‐ Commercial contracts ‐ Wills and Estates ‐ Employment ‐ Land Disputes ‐ Debt Collecon ‐ Personal Injury ‐ Family Disputes . Currently some family maers cannot be mediated. MEDIATION Who are the mediators?

MEDIATORS: Qualificaons Training Mediators: • Chief Jusce Sir spearheaded the reformaon of the •St. Lucia has a roster of 27 trained judiciary in St. Lucia –ng with Court connected Mediaon mediators. program. •They are trained in St. Lucia • He established a Mediaon Commiee which fostered the • All Mediators are trained by Mrs. Mendez‐ development of the Mediaon Coordinator’s office. Bowen and Judge Sandra Paul. – The Mediaon Coordinator’s office started with a pilot mediaon program by training a corps of mediators , establishing a mediaon supervisory commiee, dedicang a premises for conducng mediaons – Mediators are persons of diverse professional backgrounds, recruited from the community • Lawyers are chosen most oen to be Mediators because they are beer known by the counsel who is advising the client in the choice of a mediator. – Lay persons are also ulized and trained to be Mediators – They have good standing in the community – They are specially trained and qualified in the area in which they provide mediaon – Training and selecon organized by the Mediaon Coordinator Office – The trained mediators are added to a master list controlled by the Caribbean Court MEDIATION

Roster/ List of Mediators • The Eastern Caribbean Supreme Court has a roster of trained Mediators. • The roster/list of Mediators may be obtained from: – The High Court Office and/or the office of the Mediaon Coordinator • The pares can pick their own Mediator from the list or if they cannot compromise, the court will assign a mediator. Time period to pick a Mediator • Pares have 10 days to reach agreement regarding which Mediator they will use; however, they are encouraged to reach an agreement when they receive the roster (they pick the mediator with the assistance of their personal lawyers). • Their lawyers also prefer when they pick the mediator upfront; without the need for a follow up appointment (10 days later). MEDIATION

QUICK GUIDE TO THE MEDIATION PROCESS THE ADMINISTRATIVE PROCESS‐MEDIATION 1. Pares in a Civil proceeding can either ask for a mediaon • The mediaon office is housed at the Supreme Court session or the Judge can recommend it. • The Mediaon office schedules the sessions Head Quarters. • The Mediaon office also keeps a roster of the • It is currently staffed by two persons – A coordinator, available mediators Ms. Lenore St. Croix, who has other dues at the • Aer the order is signed by the Judge, the Mediaon office starts a file on the maer Supreme Court, and an assistant. 2. The pares get a copy of the roster of mediators and they – These two persons are responsible for: have 10 days to make a selecon 3. Aer they have selected a mediator, Jusce Adrian • Taking care of all the administrave Saunders gets the name of the mediator that was selected, arrangements that are required between the name [of the mediator] and all the case details gets placed on his template. the making of the order and the referral of 4. Six copied of the order are printed and inial, the maer back to the court aer a as approved dras, three copies right there and then. mediaon is held. 5. Each ligant gets an approved dra and the third copy goes straight to the Mediaon Coordinator who then starts her • Among other things, they see to it that the file on that maer. mediator is provided with the Statements 7. All pares have to show up for Mediaon. of Case (what was previously called a 8. A mediaon session lasted a maximum of three hours. The mediator schedules only two mediaons per day. “pleading”) and 9. Aer a mediaon, the maer comes back to the court • Then the date is scheduled that meets the either for a consent order to be convenience of the ligants, the pares drawn up and inialed by a Judge if a selement has been arrived at or for the court to and of course the mediator. place the maer back on the case management list for – The staff also enter into our computer system direcons for trial if there has not been a selement. all the necessary details to enable the judges to properly manage the project and to generate appropriate reports. MEDIATION: How are cases referred to mediators? A CASE MAY BE REFERRED TO MEDIATION AT ANY STAGE OF THE PROCEEDINGS BY MASTER, JUDGE OR PARTIES:

• Mediaon referred by the Master or Judge: • How long aer the decision is made to use Mediaon will a session be conducted? – A Master or Judge may make an order referring any civil acon filed in the Court to Mediaon. – Mediators have to be picked in 10 days • Pares may ask to Mediate: – Mediaons will be conducted within 45 days of the Referral Order by the Judge or – The pares may by consent nofy the Court that they wish to have Master. their case referred to Mediaon and in such case, the Master or Judge shall make a referral order • Pares may decide not to mediate: • Pares can refused to mediate their case. St. Lucian judges are proposing that the consent of the pares be only a factor to be taken into account but it should not be the sole or even the determining factor when a judge is deciding whether they should mediate. • The Mediaon will be conducted by a trained Mediator, approved to be on the Roster of Mediators for the Supreme Court. – Mediators may be people in the legal profession (who are not associated with the case) or other professionals who are experienced/ knowledgeable about the issue being mediated. See Qualificaons on previous slide. • Pares select Mediator; unless there is a disagreement: – Pares may select a Mediator from the Roster of Mediators. If the pares cannot agree on a Mediator, one will be appointed for them by a Judge or Master. MEDIATION: Who should aend?

TERMS FOR MEDIATION

1. All pares must aend the Mediaon session. If a party is represented by a lawyer, the lawyer may also aend. The lawyer can help the client work out the terms of the selement. 2. A lawyer may not aend in place of a party. At the end of the Mediaon session the Mediator shall complete and lodge the noce of Outcome of Mediaon with the Mediaon Coordinator, for fling at the Court Office.

3. If there is an agreement resolving some or all of the issues in the dispute it shall be signed by the pares and the Mediator and lodged with the Mediaon Coordinator for filing at the Court Office; and

4. Within seven days aer the agreement is signed the pares shall apply to the Court for an order in terms of the agreement and the Master or Judge shall make an order. MEDIATION: COST & LOCATION OF SESSIONS • What is the cost of Mediaon? •Where is the Mediaon held? Court‐connected mediaon fees are regulated •Mediaon sessions are conducted and set by the Court. at a Mediaon Office which is under • A fee schedule may be obtained from the the management and control of the Mediaon Coordinator Court. It’s a judicial based. – Unless they qualify for legal aid. •The Mediaon Office coordinates the sessions FEES ASSOCIATED WITH MEDIATION •Mediaon office for Saint Lucia: • The Court asserts that a defendant with no Tel.758‐457‐3637 counterclaim should also bear some costs even though a consensual selement is worked out at the mediaon. • This is because the claimant was required to incur legal expense in order to bring the maer to court in the first place. • Lawyers are encouraged to discuss the costs of mediaon before the session. • One alternave the court supports is that Lawyers should let their clients consciously factor the costs into the money selement rather than deal with costs as a separate issue. MEDIATION

TWO AREAS OF CONCERNS THE COURT IS TRYING TO ADDRESS:

1. The court would like ligants, lawyers and the general public to stop viewing the mediaon process just an alternave to courts, and more as an alternave that is more reliable and more efficient.

2. The court wants to accommodate the making of referral orders at a stage prior to a case management conference. Upon the issuance of a claim form, a claimant or a defendant should be able to apply for a referral order. This will ensure even earlier disposal of many cases and will also avoid in many cases the costs entailed in the filing of a Defence. FOREIGN RELATIONS

FOREIGN RELATIONS Foreign Relaons‐St. Lucia • Major thrust of foreign affairs for St. Lucia has been economic development. The government is seeking balanced internaonal relaons with emphasis on mutual economic cooperaon and trade and investment. – It seeks to conduct its foreign policy chiefly through its membership in the OECS. – St. Lucia parcipated in the 1983 Grenada mission, sending members of its Special Services Unit into acve duty. – St. Lucia is a member of the Commonwealth, the Organizaon of American States (OAS), and the United Naons. • St. Lucia maintains friendly relaons with the major powers acve in the Caribbean, including the United States, the United Kingdom, Canada, and . The country is acve in eastern Caribbean regional affairs through the OECS and CARICOM. • In May 2007, St. Lucia established diplomac relaons with , ending a 10‐year relaonship with the People's of . FOREIGN RELATIONS U.S.‐ST. LUCIAN RELATIONS The United States and St. Lucia have a cooperave relaonship: •The United States supports the St. Lucian Government's efforts to expand its economic base and improve the lives of its cizens. •The Government of St. Lucia has cooperated with the United States on security concerns. •U.S. assistance is primarily channeled through mullateral agencies, such as the , and the USAID office in , Barbados. •The , whose Eastern Caribbean regional headquarters is located in St. Lucia, has numerous volunteers located in St. Lucia, working primarily in business development, educaon, and health. U.S. security assistance programs provide limited training to the paramilitary Special Services Unit and the coast guard. • In addion, St. Lucia receives U.S. counternarcocs assistance and benefits from U.S. military exercises and humanitarian civic acon construcon projects.

St. Lucia and the United States share interest in combang internaonal crime and narcocs trafficking: •Due to St. Lucia's geographical locaon, it is an appealing transit point for traffickers. •In response to this threat, the Government of St. Lucia has concluded various bilateral treaes with the United States, including a Marime Law Enforcement Agreement (subsequently amended to include over flight and order‐to‐land provisions), a Mutual Legal Assistance Treaty, and an Extradion Treaty.

Americans in St. Lucia: More visit St. Lucia than any other naonal group. In 2008, tourist visitors totaled almost 1 million, mainly from the United States, the United Kingdom, and CARICOM. The United States maintains no diplomac presence in St. Lucia. The Ambassador and Embassy officers are resident in Barbados but travel frequently to St. Lucia. The U.S. Embassy in Barbados is located in the Wildey Business Park, Wildey, St. Michael (Tel: 246‐436‐4950; fax: 246‐429‐5246).