Caribbean & Central America - December 2018

*** BAHAMAS ON MONEY-LAUNDERING WATCH LIST. In late October, the UK added The Bahamas to its list of jurisdictions required to take more actions to strengthen their anti-money laundering regimes. The UK, which has 11 countries on its watch list, was responding to the advice of the Financial Action Task Force (FATF). The Bahamas, in response, said it was addressing the concerns of the FATF. Finance Minister Peter Turnquest said: “We have a very robust regulatory regime and we will continue to make enhancements necessary to make sure to demonstrate this to the international community.” The FATF has said that it considers The Bahamas to be committed to implementing its action plan for improvement.

*** GUYANA PRESSING VENEZUELA CASE IN ICJ. On 19 November, Guyana called on the International Court of Justice (ICJ) to confirm its jurisdiction in the territorial dispute between Guyana and Venezuela and to confirm the validity arbitral award that followed the 1897 treaty between Venezuela and the UK and that set out the boundary between Venezuela and what became Guyana.

In its latest submission, Guyana states: “Venezuela accepted this unanimous award, which was rendered by five eminent jurists on 3 October 1899, celebrated its outcome, participated in a joint commission to demarcate the boundary on the ground, and insisted on the award’s strict implementation. Only decades later did Venezuela, in anticipation of Guyana’s independence, cease recognizing the award’s validity and binding nature, using that pretext to lay claim to more than two-thirds of Guyana’s territory.”

The United Nations (UN)’s Secretary-General António Guterres referred the dispute to the ICJ in January, but Venezuela is disputing the court’s jurisdiction. It is unlikely that Venezuela genuinely believes it will recover the disputed territory; its main goal seems to be to avoid any definitive adverse ruling.

*** JAMAICA POLICE SEEK MORE POWERS. In mid-November, the Jamaica Constabulary Force (JCF) submitted a request for more powers to a Joint Select Committee of parliament that is reviewing the 2014 Criminal Justice (Suppression of Criminal Organisations) Act. The JCF is saying that it has faced a number of difficulties in enforcing the act since it was passed by parliament. In particular, they are asking for the right to access mobile phones and other electronic devices without first obtaining a court order.

There seems to be some caution among lawmakers for accepting the JCF’s request. Notable Attorney General Marlene Malahoo Forte urged caution. She said: “We are grappling with a larger issue; where the international jurisprudence within the Commonwealth is moving in a direction set largely by the jurisdictions, including the UK, where there is no written Constitution, and a lot of the tools that are being developed are tools which go in a different direction than some of the rights that are fundamentally guaranteed in our Constitution.”

She added: “What is emerging is a tension between what is required to combat the level of criminality and realities without our own laws; you can't go too far in one direction. If you guarantee rights, those rights have to be upheld and respected.”

The other main point of those opposed to an increase in police powers is that the provisions of the Cybercrimes, Telecommunications, and Interception of Communication Acts are probably sufficient already. The AG concluded: “In respect of allowing for access outside of a court-driven process, we would have to proceed with utmost caution.”