I N T H I S

I S S U E :

HWLS NEW

WATER FEA-

2

HWLS gets

Quite Award

3

ACLI 2013 4

The im-

portance of

Trial by Jury

5

A Call of

Firsts

&

My First Year

of Practice in

Chambers

6

Financial Intel-

ligence Unit

and the

Attorney-at-

Law

7

Graduation

2013!

8-9

The DOs and

DON’Ts of In-

Service Train-

ing

10

I MADE IT!

NOW

11

DIVALI 2013

AT HWLS

12

OECS NIGHT 13

Nuttin

Sweetuh Dan

Dis'

14

Student in the

Corridor

15

More Lawyers

at the Legal

16-

17

Interview with

Rose-marie

Belle Antoine

19-

20

D E C E M B E R 2 0 1 3 V O L U M E 6 , I S S U E 2

THE GAVELTHE GAVEL A P U B L I C A T I O N O F

T H E H U G H W O O D I N G L A W S C H O O L

Mufti Waseem Khan’s view is further sup-

ported by a Hadith (reports of the sayings of Prophet

Muhammad) narrated by Abu Dawud, where the

Prophet said: “When a woman reaches puberty, it is not

lawful that any part of her body be seen, except this and

this, and then pointed to his face and the palms of his

hands.” Therefore, it is

clear that the Khimar commonly referred to as the

Hijab is compulsory for women to wear and not the

niqaab.

Debates on banning Niqaab

Several countries in Europe have banned or are moving

towards banning the wearing of the niqaab.

Hijab: Khimar and Niqab BY SADDAM HOSEIN

(Cont’d on page 3)

HIJAB/PURDAH IS a sacred institution that embodies

a wide range of measures that are all focused on the

protection and preservation of the chastity, modesty and

purity of women. These measures incorporate a wom-

an’s dress and clothing. Hijab is an Arabic word which

linguistically means a cover, screen or partition. Howev-

er, Hijab is commonly referred to the scarves used by

Muslim women to cover their head. Khimar (derived

from the word Khumur) which is commonly referred to

as the Hijab is the term used in the Qu’ran to describe

the garment worn by women to cover their head, tem-

ples and neck. Niqab refers to the garment worn by the

women to cover their faces. (The Kuwaiti Encyclopedia

of Jurisprudence, vol. 17, pp. 5-6). Therefore, the Hijab

signifies the whole Muslim woman’s dress while the

Khimar and Niqab commonly means the head covering

and face-covering respectively.

What does Islam say about the Khimar and Niqab?

According to Quran Chapter 24 Verse 31 (Sura An

Nur), Allah (God) says: “And say to the believing women

that they should lower their gaze and guard their modesty;

that they should not display their beauty and ornaments

except what (must ordinarily) appear thereof; that they

should draw their veils over their bosoms…” Mufti Waseem

Khan of the Darul Uloom Trinidad in an article

“Consequences for not wearing hijab” stated:

“While explaining the above verse, some scholars have stated

that ‘except what must ordinarily appear thereof’ refers to

the face and hands up to the wrists. It means that a woman

must cover her entire body, but an allowance is given to her

to allow her face and hands up to the wrists to be exposed

(as mentioned by these scholars). Many other scholars have

stated that the face and hands must be covered.

From the above verse, the law has been clearly established

that Muslim women must cover themselves properly, which

also includes the covering of the head (which is commonly

referred to by Muslims as wearing the hijab).”

Above: Two traditional Muslim women wear-

ing a niqab.

P A G E 2

T H E G A V E L

Credits THE GAVEL is the official

newsletter of the Hugh

Wooding Law School situated

at Gordon Street, St. Augus-

tine, Trinidad and Tobago. It is

published three times a year

by a joint committee of staff

and students.

Contributions and comments

are welcomed from staff, students

or any other interested parties.

Send all e-mails to hwls.newsletter@gmail.com.

Editorial Committee:

Staff:

Nisha Mathura-Allahar

Barbara Lodge-Johnson

Students:

Eileen Benjamin-Ryan

Karina Singh

Khadija Mac Farlane

Pravesh Ramlochan

Sasha Mahadeo

Siand Dhurjon

Shazard Mohammed

Editor:

Eileen Benjamin-Ryan

Design and Layout:

Karina Singh

Khadija Mac Farlane

Festive Christmas Décor at HWLS...

Christmas Creche and Christmas tree placed in the lounge area.

HWLS NEW WATER FEATURE!

Our newly installed water feature crowned with water lilies serves as a spot for

students to unwind from their hectic schedules.

THANK YOU

THE GAVEL NEWS Team

would like to acknowledge

our appreciation of those

members of the administra-

tive staff who help us to

publish every issue.

Specifically we wish to thank

Michael Rampersad Singh,

Shevkumar Singh, Marlene

Herriera, James Allen, Diane

Williams, and Roger A.

Ramgoolam.

P A G E 3 V O L U M E 6 , I S S U E 2 T H E G A V E L

(Cont’d from page 1)

In 2011 both France and Belgium banned it imposing fines for per-

son wearing the niqaab. Countries cite reasons such as oppression

to women and security reasons for the ban.

Oppression

The proposition that the niqab is a form of oppression for Muslim

women has been one of the most ironic justifications for the ban.

It is direct contravention of international accepted rights of free-

dom to “manifest his religion or belief in worship, observance,

practice and teaching” (Article 18- The International Convention

on Civil and Political Rights).

The ban suppresses the rights of women of religious freedom,

expression and undermines gender equality. While the ban rids

itself of physical oppression it strangles those women socially who

voluntarily choose to wear the niqaab.

National Security

It was argued above that the wearing of the niqaab is not compulsory. In

Panday v Gordon (Trinidad and Tobago)(2005)UKPC 36 it was stated

that guaranteed rights are not absolute. In performing the balancing ex-

ercise, the scales may tip on the side of national security reasons for

limiting the right of expression namely religious expression. This is so

for the difficulty in the identification of persons.

In conclusion, a ban on the basis for national security may be justified.■

Hijab: Khimar and Niqab

HWLS CAPTURED FIRST place for Student Support Services in Tertiary Education in the recent Quality in Tertiary Education (QUITE)

Awards 2013. The qualifying criteria for this category are: 1) Student support policy; 2) dedicated resources; 3) counseling and guidance; 4)

health care and security. The annual awards are organised by the Accreditation Council of Trinidad and Tobago (ACTT) and was held at the

Hyatt Hotel on October 31.■

HWLS GETS QUITE AWARD

PATRICK FLOYD (Maintenance Manager and Supervisor), LYNDON ABDOOL (Quality Assurance Manager), PRINCIPAL

MIRIAM SAMARU. DR. CHARMAINE BISSESSAR (Ag. Quality Assurance Research and Effectiveness) AND MEMBERS

OF THE STUDENT REPRESENTATIVE COUNCIL(SRC).

P A G E 4

“WHAT EXACTLY IS this CLC thing that you’re work-

ing on?” Our colleagues asked us this question many times during the

early days of November. We had the honour of being one of four

teams chosen to represent the Hugh Wooding Law School at the

Caribbean Law Clinic, an annual event organized by the American and

Caribbean Law Initiative. The Clinic is an interactive system in which

student teams tackle research questions based on issues of relevance

to the host territory. The student teams worked with the guidance of

coaches who were Faculty members of the respective participating

Universities. This year the event was hosted by the Hugh Wooding

Law School. Each team was assigned a question and asked to make

written and oral submissions to our resident coaches. We then met

with our counterparts from law schools in the Bahamas, Jamaica and

the U.S. in order to decide how we would combine our research

findings for presentation at the Attorney General’s office, Cabildo

Chambers, in Port of Spain.

We dealt with the fictional case of Mr. Bhola Singh, who

had failed to be appointed to a senior public service post because the

Prime Minister had exercised his constitutional power of veto over

such appointments. In reality this meant lots of late night research sessions in which the intricacies of judicial review, in particular the

application of the common law principles of fairness and natural jus-

tice to the local context, were debated and explored in detail. Many

cups of coffee were made and consumed. We were very grateful for

the guidance provided by our coach, Mrs. Nisha Mathura-Allahar, in

navigating this complex area.

After having settled on a position that our entire team

could live with, we then repeated the process with our colleagues

from the visiting law schools. As law students, we can all imagine the

challenges involved where nine persons have satisfied themselves that

they have answered a question correctly, end up with somewhat

different answers and then have to come together to agree on a uni-

fied approach. The schedule allowed about two hours for this pro-

cess. In reality, the discussion extended via email into the ungodly

hours of the next morning.

In the midst of our diverse views we managed to resolve

the issues and arrive at a consensus on our approach. No doubt this

was riddled with heated debates, but as lawyers-in-training disagree-

ments and the expression of diametrically opposed views are staples

of our daily diet. The presentations before the judging panel, were of

a very high academic quality and, in the end, all of the teams were

commended for a job well-done. The team which had dealt with the

case of “Johnny Velasquez” was awarded the prize for the best

presentation, a decision with which we are sure all participants heart-

ily agreed.

We were then ushered into the dining hall of the Office of

the Attorney General and treated to a mouth-watering lunch with

our counterparts from the other law schools. Later on that night, we

explored the delights of Ariapita Avenue and became much better

acquainted with our guests. Social cohesion makes for great bonding

moments and allows true connections to be made. Those participants

who went to bed at a decent hour visited Maracas Bay the next day,

which was described by our Hugh Wooding counterparts as “real

good”.

You would expect us to say that the experience was re-

warding and indeed it was. Group work is extremely challenging.

Group work with persons you have just met is even more challeng-ing. We are immensely proud of “Team Bhola Singh” for pulling it all

together. Congratulations to our colleagues on a perfect score on

their ambassadorial duties. Moreover, we are extremely grateful to

the Hugh Wooding Law School and the American and Caribbean Law

Initiative for providing us with the opportunity to expand our legal

networks. We are quite sure that if our colleagues were to utter

sentiments to describe our experience they would say that it was

“intellectually enlightening”. These are our humble parting words-

“Be encouraged colleagues, make your Hugh Wooding experience an

edifying one and challenge yourselves!”

THE CARIBBEAN LAW CLINIC 2013

BY ODWIN TRENTON, FAYOLA PHILLIP AND JOSIAH SOO-HON

- “Be encouraged colleagues,

make your Hugh Wooding

experience an edifying one and

challenge yourselves!”■

T H E G A V E L

P A G E 5 V O L U M E 6 , I S S U E 2 T H E G A V E L

AT THE OPENING of the 2013-2014 Law Term in September,

Chief Justice Ivor Archie proposed the abolition of the age old

practice of trial by jury. He proposed that jury trial be absent from

all criminal matters. His proposal and reasons in support of it have

been endorsed by two notable former Chief Justices, Michael de la

Bastide and Satnarine Sharma. Proposal for the abolition of trial by

jury seems to be gaining currency in the region; Chief Justice

Archie’s sentiments were also echoed by the former Speaker of

Guyana’s National Assembly, Ralph Ramkarran, SC who stated that

the utility of jury trials have expired.

It is against this background that the team of Criminal

Defence Attorneys led by Christopher Leibig and Bradley Hay-

wood from the United States of America addressed a large gather-

ing of students at the Hugh Wooding Law School on October 10,

2013. Leibig’s team was uncompromising in their view that trial by

jury is a foremost tenet of democracy and there is no justification

for its abolition. They insisted that this practice should be retained

in the Region, especially given the prominence on the Corruption

Perception Index of several of the countries in the region. Criminal

trials encapsulate the collective distaste the populace has for crimi-

nal infractions; therefore the avenue through which this is ex-

pressed should not be subtracted from the people. Also, the per-

sons subject to the criminal justice system for commission of seri-

ous offences have a fundamental right to due process of law to be

judged by a jury of their peers and not by a judge who might be

corruptible.

The team also discussed to some length the international

chaos created by the revelations made by Edward Snowden. As

proponents of democracy, the team felt that the United States of

America has immeasurably affronted the democratic freedoms of

its people by tapping into their every means of communication

under the guise of national security. They strongly supported the fearless and selfless stance taken by Snowden and Bradley Cooper;

reminding the attentive and energized audience that democracy is

but a misnomer in the face of the civil realities in the United States

of America and several of the countries over which she exerts her

influence.

To loud applause from the students, the team insisted that as law-

yers we are the vanguards of democracy and the onus is upon us

to ensure its preservation. ■

THE IMPORTANCE OF TRIAL BY JURY

BY RONALD J. DANIELS

P A G E 6

T H E G A V E L

MANY FIRSTS MARKED the Octo-

ber 18th Call to the Bar held in Court No.1 of the

Supreme Court of Barbados. It was the first time a

married couple, Mrs Nicole and Mr Khamaal Colly-

more, was called to the Bar in the same sitting. It

was also the first time that a father and daughter,

Mr Glenroy Goddard and Miss Anne-Marie God-

dard, were called together. Another first was that

two individuals, President of the Bar Association Mr

Barry Gale, QC and Mr Patterson Cheltenham, QC

moved the applications. An arrangement indicative

of the large numbers admitted to the Bar; 38 in all

which in itself was also a first.

Mr Gale remarked that the number of

firsts associated with this year's Call was a foreshad-

owing of things to come from the new crop of at-

torneys. Expectations were further heightened by

the varied backgrounds from which they emerged; accountants,

debt collectors, insurance brokers, police officers, teachers and

even directors of established agencies. This trend of firsts was continued in the remarks of

the Chief Justice, the Honourable Sir Marston C.D. Gibson K.A.

who warned the new attorneys that their first obligations were

not to their clients but to the Court. As officers of the Court

they must be willing to work and not cut corners and must

come to Court prepared for whatever they are required to do.

Aside from the publicly acknowledged firsts that

marked the occasion, there were also some more sentimental firsts shared amongst the new attorneys and their respective

families. For this author, like a few of her colleagues, it was the

first time that anyone in her close family was called to the Bar.■

A CALL OF FIRSTS

At centre is the Honourable Sir Marston C.D. Gibson K.A, Chief

Justice of Barbados surrounded by Attorneys-at-Law called to the

Bar in Barbados this year.

BY TAMAR GRANT

WHEN ASKED TO consider the first year in practice it im-

mediately became clear to me that I could only speak from my

personal experience. That, ‘experience’ as it turns out, is largely

one of being situated in a chambers environment as opposed to

any of the other plethora of alternatives which a newly minted

Attorney-at-Law may find himself/herself after being called to the

Bar. Even now, as I reflect, I am constantly resisting the urge to

perform one of the preocupations of my particular practice, that

is, starting the clock which records my time spent dealing with a

matter; it seems a year is all it takes for that to become second

nature.

Perhaps the most impinging reality of practising as an

Attorney-at-Law of less than a year’s experience in chambers

(for convenience, “a Baby Lawyer”) is that you are junior to every

other practitioner, which usually means that you are the one

most mystified by what is sometimes the run of the mill practice

of the law. Surprisingly this includes the fact of having to coax,

persuade, cajole and almost threaten the client for your instruc-

tions; something which was not conceivable to me when I hung

up my shingle. After all, it is their matter, surely they stand to gain the most from the practitioner being facilitated with what is

necessary for a happy ending. That logic is often lost on some

clients and so I have developed a heaping respect for any compe-

tent instructing attorney.

A Baby Lawyer will also find that he/she must contend

with having to set themselves the task of mastering two disci-

plines rather than one, namely, the practice of law and managing

a successful business. As good and as helpful as your law office

management class is/ will be, I can assure you, you will have to

get deeper into the thing. Deeper understandings of the tax

regime of your jurisdiction, of accounting for your time and your

profits and losses, and, of “marketing” and “advertising” your

business within the confines of the Legal Profession Act or your

jurisdiction’s equivalent.

What has probably been my greatest asset in this wil-

derness is my ability to call on past colleagues, tutors and profes-

sors for assistance. It was not long ago that I had to make an

application under the Real Property Act on behalf of a client and

needed urgent guidance on the kind of evidence that would be

expected by the Registrar. Mrs Allahar was happy to help.

If I had to say what I have most appreciated in my

practice perhaps it would be that, within the year, I have gained

experience in completely disparate corners of the law. Most

times I am a litigator addressing the Court, drafting claims and

advising, hopefully, cogently. Other times I am administering

estates, conveying land or incorporating companies. While litiga-tion has been my main interest, practising as a solicitor has also

been rewarding once the threat of exploring the new and as yet

unexplored is confronted. And so if I were to close with some

advice I would ask that when you begin your practice you make

the absolute best of your experiences.■

BY YURI SAUNDERS

MY FIRST YEAR OF PRACTICE IN CHAMBERS

P A G E 7 V O L U M E 6 , I S S U E 2 T H E G A V E L

REPRESENTATIVES OF THE Financial Intelligence Unit (FIU)

recently held a panel discussion at HWLS, where they explained

the role, responsibilities and obligations of attorneys vis-a-vis the

FIU and money laundering.

The FIU was established under the Financial Intelligence Unit Act

2009 and is a department of the Ministry of Finance. Its purpose is

to implement the anti-money laundering policies of the Financial

Action Task Force (FATF). More importantly, the role of the

FIU is to substantiate suspicious activities and report these matters

to the authorities in charge of conducting criminal investigations so

they could pursue prosecution proceedings.

Our role as Professionals:

Reporting institutions and professionals must absorb their own

costs in implementing the anti- money laundering obligations, which

involve setting up systems for detecting and reporting suspicious

transactions/activities along with identifying their greatest money

laundering risks.

Attorneys are required by the FIU Regulations to register

with the FIU for the purpose of identifying themselves as entities

under the supervision of the FIU for AML/CFT (Anti-Money

Laundering/ Combating the Financing of Terrorism) com-

pliance. This mandates the adoption of the provisions of the com-

pliance programme, designed to ensure proper record keeping and

reporting of transactions and to prevent attorneys from being used

to launder money or to finance terrorism.

Money laundering must be recognised for its overall

negative impact and repercussions on the economy and wider

society. More importantly, banks are the main institutions with the

volumes of transactions daily which identify them as prime targets

for financial misuse.

However, it has been noted that in our professional ca-reers we will inevitably be approached at least once for the pur-

pose of evading the regulated system. Those with such intentions

view lawyers as the ‘gatekeepers’ whom they seek to abuse along

with the financial institutions and other businesses in order to

achieve their ulterior illegal motive.

Therefore, criminals may seek the services of legal pro-

fessionals for the sole purpose of disguising illegal transactions,

making it more difficult to detect or even perhaps to use the cli-

ent’s account as a means of introducing illegal funds into the bank-

ing system.

Financial Intelligence Unit and the Attorney-at-Law

BY KARINA SINGH

Three stages of money laundering:

1) ‘Placement’ where the money is deposited into a financial institu-

tion; 2) ‘Layering’ where the funds are moved around and 3)

‘Integration’ where it is converted to personal assets such as invest-

ing the funds into real estate, luxury assets, or business ventures.

Another method of money laundering is ‘smurfing’ where funds are

broken up into smaller amounts and deposited in different banks

which makes it difficult to trace its origin.

Indicators of suspicious transactions:

Frequent change of ownership of property;

Property sale shortly after purchase which does not corre-

spond with its value;

Repetitive changing of attorneys without a reasonable expla-

nation;

The purchasing of property in names of other persons;

Depositing large amounts of money on a client’s behalf.

However, we must recognise that our requirement to

disclose is subject to boundaries such as the rules of confidentiality,

as provided in our Code of Ethics under the Legal Profession

Act (1986).

In transactions involving buying and selling of real estate,

lawyers, notaries and other independent professionals are required

to report suspicious activities.

Under the FIU Act, we must report any suspicious activity

by filing a suspicious transaction report. It is understood that the

FIU requires a degree of protection and confidentiality of infor-

mation. This obligation is immune from liability for the legal conse-

quences of having made the disclosure as it states that ‘the facts or

contents of reports to the FIU will not be disclosed to anyone

other than the FIU’.

We must also be cognisant of the offences in omitting or

failing to report such transactions. These offences are laid out in

sections 43 to 46, 51 and 52 of Proceeds of Crime Act chap

11:27. They include suspicious dealing with property, concealing or

disguising one’s own or another’s proceeds of crime, receiving an-

other’s proceeds of crime, tipping-off and failure to disclose

knowledge or suspicion of money laundering. Offences are also

covered under Part 111a, section 22a of the Anti-Terrorism-Act

Chap 12:07.■

P A G E 8

T H E G A V E L

The DOs and DON’Ts of In-Service Training BY JASON NATHU

IN-SERVICE TRAINING is a critical component of the pro-

gramme at the Hugh Wooding Law School (HWLS). Regulations stip-

ulate that each student will be required to serve a period of attach-

ment for the purpose of practical training, during the vacation be-

tween the first and second year.

For many students, this period of In-Service Training is their first

contact with the actual practice of law. At HWLS, In-Service Training

precedes the Legal Aid Clinic (mandatory for all second year stu-

dents), which is designed to provide students with practical training in

client communication, critical analysis, case preparation and trial ad-

vocacy.

Some law firms or public offices offer a structured pro-

gramme for In-Service Trainees, but many students find themselves

“going with the flow”, with no advance warning of what to do or

what to expect. Here are a few points to remember when you start

your In-Service Training:

Attire: As a student attorney, your professionalism is central to your

success. Putting thought into your attire is an easy way to project

professionalism. If your law office observes a “business casual” dress code, consider that the emphasis is on the word “business.” If you are

invited to observe or participate in a court attendance or client meet-

ing, always wear a suit.

Take notes: Always bring a pen and paper to every meeting. It is

shocking how many people fail to do this, and it never leaves a good

impression.

Interact: As an In-Service Trainee, you will be evaluated (among

other things) on your ability to act sociably with the attorneys and

staff in your office. You will make a much stronger impression if you

are not only diligent in your work but also personable and easy to get

along with. You can demonstrate that you are a sociable person by

making an effort on a daily basis to engage in friendly, comfortable

dialogue with the attorneys and staff in your office.

Manage your workload: Be open and receptive to all types of mat-

ters. No job is beneath you, so no matter what the assignment, ex-

press enthusiasm at the prospect of working on it. Let each attorney

know what other matters you may be working on for other attor-

neys in the office. You are always better served by communicating

with the attorneys rather than to keep accepting assignments and

producing substandard work, or not finishing it at all. The attorneys

you are working with will greatly appreciate if you regularly update

them with status of the assignments that they have given to you. Do

not let them think that the work they have given you has fallen into

an abyss.

Social events: Make an effort to participate in the social events at

your firm or office. That having been said, NEVER get drunk at social

events. This may sound obvious, but there is always a story about the

intern who had a few too many, embarrassing himself/herself in front

of the entire office.

Punctuality: Always observe the office hours of the firm or office to

which you are assigned. If you are going to be late, or have to leave

the office for any reason, always let someone know where you are.

There is nothing worse than people having to look for you, and no

one can tell a Partner or senior attorney where you are. Never be

late for court matters.

Be open to learning: Even if you are an A student, do not expect

that you know all the answers. If you are given an assignment and you have absolutely no idea what to do, conduct some preliminary re-

search and make a list of questions before discussing with the attor-

ney. The staff at law firms and law offices is an invaluable resource,

and paralegals, secretaries and clerks may be able to assist you if you

encounter difficulty with any task. When you attend court, take notes

and make it a point to discuss the matter with the attorney. Remem-

ber you are there to learn, not just to observe.

Confidentiality: You will be working on real-life matters. It is not

appropriate to discuss the files with your friends, family or colleagues.

Never post on social networks about the files that you are working

on, or the matters that you observe in court.

In-Service Training can be both an enjoyable and rewarding experi-

ence. Be yourself, but above all, always remember to conduct your-

self in a manner that is befitting of the Law School and the Council

of Legal Education.■

A is for arson, the firing of houses

B is for bigamy, too many spouses.

C is for caveat. Emptor beware!

D’s for defense which counsel prepare.

E’s for extradition of chaps from abroad,

F is for felony, forgery, fraud.

G is for all the goodwill you will need,

H is for heir, who will try to succeed,

I’s for identity, plus the parade,

J’s for the juries who never get paid.

K is for kin who are sought from afar,

L is for lawyers, all sides of the bar.

M’s the mandamus, for which we

have waited,

N is the nuisance as yet unabated.

O is for oath on the old or the new,

P is for paperwork, long overdue.

Q is for questions which counsel will ask,

R’s the refresher he needs for his task.

S is for sacrilege, stealing from churches,

T is for title - a good one on purchase.

U is for usage, the custom of trade,

V is for view, which his Lordship has

made.

W’s for wife and for woolsack and wills,

X is the sum of solicitors’ bills.

Y is the number of years you will get.

And Z is a crime that we do not know of

yet.

SUBMITTED BY JENNY ROGERS

P A G E 9 V O L U M E 6 , I S S U E 2 T H E G A V E L

THIS ARTICLE ORIGINATED from discussions with students

about the issues they were facing or had faced while studying at

HWLS. Following the discussion and considering the lasting effect

that failure here could have on self-esteem, the following advice to

you, while not exhaustive, has been compiled based on my observa-

tions and feedback from past students and Tutors.

As new students, you sometimes lack an appreciation for

the amount of work that is required of you. Time management will

be the key to your success. You must choose how to use your

time, for instance, whether or not you attend social activities or

classes. Whatever decision you make, you must always remember

there are consequences.

During your tenure at HWLS, you will establish emotional

independence from your parents, experience increased freedom,

determine a personal value system, work out your career goals and

establish relationships with your peers. While these experiences are

normally age-related, they may sometimes become overwhelming

and seriously interfere with academic performance. Do not hesitate

to seek counseling where necessary.

At HWLS you must be able to read, write, speak, and listen effectively. Ineffectiveness in even one of these language skills

I MADE IT! NOW WHAT?

will lead to academic difficulty. You may find that your educational

background or previous lack of effort has not prepared you for

these academic demands. You may need remedial work to address

these deficiencies. Do not hesitate to avail yourself of the resources

at the HWLS that may assist you in this regard.

At earlier levels of your education, evaluation of your

work was largely the responsibility of your teacher and so you may

not have learnt how to do so yourself. Overestimation of your un-

derstanding of course material and the quality of your work could

lead to an inability to handle criticism as well as placing blame on

and claiming personality conflict with tutors. Seeking feedback from

your tutors and peers will serve you in good stead.

You may be concerned about employment after HWLS

based on current graduate employment levels, workplace competi-

tion and student loan repayment schedules. You should not overly

concern yourself with these issues at this stage as your performance

would most certainly be affected. Rather, use this time to focus on

your training with a view to becoming the best attorney that you

can be, thereby enhancing your chances for success in this your

chosen career.

Good luck on your journey!■

BY PETRONILLA SYLVESTER

INVICTUS (by English poet William Ernest Hen-

ley)

Out of the night that covers me,

Black as the pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the horror of the shade,

And yet the menace of the years

Finds and shall find me unafraid.

It matters not how strait the gate,

How charged with punishments the

scroll,

I am the master of my fate,

I am the captain of my soul.

The Gavel takes a moment to pay tribute to South African hero, Nelson Mandela The late Nelson Mandela used this

poem to sustain himself while in

prison.

Caricom leaders: Prime Minister Kam-

la Persad-Bissessar, right, sits next to

President of Guyana Donald Ramotar

and Jamaica's Prime Minister Portia

Simpson-Miller in Johannesburg for the

Nelson Mandela memorial.

QUICK FACTS

FULL NAME: Nelson Rolihlahla Mandela

OCCUPATION: Civil Rights Activist, World Leader, Writer

BIRTH DATE: July 18, 1918

DEATH DATE: December 05, 2013

Nelson Mandela became the first black president of South Africa in 1994, serving until 1999.

A symbol of global peacemaking, he won the Nobel Peace Prize in 1993.

P A G E 1 0

T H E G A V E L

HWLS Presentation of Graduates 2013

The top performers receive their awards.

Senior Tutor, Mrs. Cheryl Ann Jerome-Alexander

poses with a few of the graduates.

Jacqueline Samuels Brown QC, Chairman of the Council of

Legal Education presents graduates with their LEC.

P A G E 1 1 V O L U M E 6 , I S S U E 2 T H E G A V E L

HWLS Presentation of Graduates 2013 PHOTOS COURTESY PIERRE’S PHOTOGRAPHY

Graduates collect their Legal Education Certificate at

the Graduation Ceremony at UWI SPEC

Special awards were awarded to the graduates

P A G E 1 2

T H E G A V E L

DIVALI HAS COME and gone yet

again and as is customary, we marked

the occasion with our annual Divali

programme. It was a night of cultural

performances showcasing our diaspo-

ra. A night where our very own peers displayed their various talents

and boy was there talent! A night of tassa and dance. A night of delica-

cies and curry which could be smelt throughout the entire dining hall. A

night of fashion and modelling. A night where knowledge about the

festival of lights in Trinidad and Tobago was shared and where we learnt

that ironing over paper gets wax out of carpet.

The lead up to the programme included a very successful 'Pholourie

sale' which has us, up to today, being flagged down in the hallways by

Legal Aid tutors to make more pholourie. Students were able to sam-

ple our local East Indian cuisine and treat their taste buds to these fried savouries.

The festivities culminated in the lighting of deyas. Each person was given a deya which was lit from another deya which, in turn, was lit from another deya. This showed the unity of us all and the sharing of light with each other, the true message of Divali.

At this point, the Hindu Students' Council would like to express sincerest gratitude to all those who contributed in making this celebration the

grand success it has been. ■

Divali 2013 at HWLS

Our lovely models in their Indian attire. Our Principal Miriam Samaru takes

part in the lighting of deyas.

BY KARUNA BISRAMSINGH

Students take part in the lighting of deyas the festival of

lights!

Tassa in the Lecture Hall

P A G E 1 3 V O L U M E 6 , I S S U E 2 T H E G A V E L

LET THE ISLAND NIGHTS BEGIN! OECS NIGHT

BY SIAND DHURJON

THE FIRST ISLAND Night of the academic year kicked off with students of

the various OECS countries treating everyone in the jam-packed Aubrey Fraser

Lecture Theatre to a series of performances. Their island-hopping skit was most

captivating; it took on a humorous twist that incorporated most of the islands of

the OECS.

Song and dance were also incorporated into the presentation. The

entire theatre jolted into animation when soca musician Sekon Sta specially per-

formed his new song Wine on de Truck. Ending with their riveting rendition of

four songs about various OECS islands, the students of the OECS certainly did

their home proud.

Next, the attendees were regaled with scrumptious dishes from the

OECS countries. The food included oil down, Grenada’s national dish, which is a

meltdown of coconut milk, dasheen bush, salted meat, dumplings and breadfruit.

Also, the take on salt-fish and stewed chicken was particularly delicious.

As for the fete- let us simply say that the students thoroughly enjoyed

themselves in the night’s final festivity. Transformed into a dance floor, the Din-

ing Hall thumped and thudded with bass from the rhythms. Perhaps, it was something in that Vincentian Sunset Rum… ■

P A G E 1 4

Nutting Sweetuh Dan Dis'

ON THE 30TH November 2013, the place to be was the Aubrey

Fraser Lecture Theatre for one of the most highly anticipated

nights on the Hugh Wooding Law School's Calendar, Bajan Night.

Despite being only 166 square miles and one smile wide, Barbados

truly boasts larger than life talent.

The night, aptly entitled 'Nuttin Sweetuh Dan Dis' did not fail to

deliver. Patrons and specially invited guests were immediately met

with the infectious and pulsating sounds of tuk band rhythms upon

entering whilst being seated by two Barbadian cultural characters;

Mother Sallies. These characters, played by Casey Boyce and

Aesha Nassar, who are known for their over exaggerated dimen-

sions added a certain je ne sais quoi which made you feel you as

though you were in the epicentre of Barbadian culture during Crop

Over and not in Trinidad and Tobago . The Law School was transformed into a sea of blue

Despite a late start, the production was worth the wait. Enti-

tled "Hotel Bimshire: Coz when yuh get dere ya aint gine want

tuh Lef dey", was a melting pot of tributes, drama, dance, song

and music accentuated by pieces of information about the

island's culture. Emceed by Kim Ramsay-Moore and Lorimer

Denny, they kept the production moving and entertaining.

Even inviting persons to come and limbo on the stage.

The play, penned and directed by Second Year Kimberley Al-

leyne, treated the large crowd to the musings of Elroy the

doorman, Pretty Boy Floyd the Bell Boy, Chef, Katrina, the

Minister, Clotelle the maid and even the Condense Babies who

left everyone in stitches.

BY KIMBERLY ALLEYNE

Food Coordinator Michelle Shepherd created history serving

flying fish strips for the first time in years at Bajan Night. The

servers who were well attired, could be seen with trays of hors

d'oeuvres serving the long line before they reached the well pre-

pared main course of traditional Bajan foods and dessert. She

must be commended for her efforts.

Fete Coordinator Janelle Skeete, who brought the ultimate cli-

max to this night was not to be outdone as her shot girls en-

sured everyone was ready to finish the night off with a good ol'

Bajan 'bruggadung'.

All in all Bajan Night did not fail to deliver. For two years in a

row it has set the bar high for the other nights. This year how-

ever will truly be a hard act to follow.

Hugh Wooding is oozing with talent galore and it is good when

there is an avenue for students to show off their various talents.

Bajans....wunna outdid wunna selves!!

KUDOS!!!■

Glamour Girl Sue Kimber-

ley Griffith and Production

Coordinator Ann Marie

Hinds treated us for anoth-

er year with an entertaining

duet, "Malicious Crew".

Mention must be made of

the high quality of the danc-

ers, the world renowned

choir, actors, stage crew

and lighting. It was truly a

memorable night full of

laughs and moments to last

a lifetime.

Dining Hall converted into a blue and yellow

candle light setting.

The food service added a touch of class to

T H E G A V E L

P A G E 1 5 V O L U M E 6 , I S S U E 2 T H E G A V E L

STUDENT IN THE CORRIDOR...“WHAT DO YOU WISH FOR CHRISTMAS?”

Aleema Ameerali

(Yr.2) :

“I wish to see my two

brothers this Christ-

mas.”

Miguel Rawlins

(Yr.2):

“Some cufflinks, nice

cologne, a watch...GQ

stuff!”

Tsean Vasquez

(Yr.2):

“I wish to

graduate.”

Janet Taylor

(Yr.2) :

“Happiness,

health, peace

and love ..and

lots of Christmas cheer.”

Johanna

Daniel

(Yr 2):

“A sure

job after Gradua-

tion.”

Shivana

Sharma

(Yr.2):

“ I wish

for people

to be more selfless.”

Rae Thomas

(Yr.2) :

“I wish more people

would focus on the

Christ in Christmas.

He is the reason for

the season and

throughout.”

Philip C.

Gaskin (Yr.2):

“I wish that I

might spend time

with my two love-

ly children and my

granddaughter in

Barbados.”

Alaina Ram-

roop (Yr.1): “

A 2013 wrx sti

with Hawk

eyes (a rally

car) and maybe

some dia-

monds( lol).”

Michael Mat-

thews (Yr.2):

“My wish is to

survive Final

year of HWLS

and get my

LEC.”

Kavita Sirjusingh

(Yr.2): “I wish for lots

of stationary, I love Lisa

Frank stationery!”

Andell Ar-

nold (Yr.1):

“For Christ-

mas, I’d like this gor-

geous emerald and

white gold ring!”

Roger Carter

(Yr.1):

“I wish for stronger

closeness and to-

getherness among

the Law School’s

students from dif-

ferent countries.”

Anastacia San-

ford (Yr.1):

“I just wish to be

with my children

in the comfort of

my own home in

Guyana.”

Chanelle

Aching

(Yr.1):

“I wish

that every-

one’s personal jour-

ney in life is success-

ful in all aspects and

that my grandfather is

healed.”

Javed

Mohammed

(Yr.1)

“That’s easy!

The new Bat-

man Arkham

Origins for Playstation 3.”

Tiffany

Hohenkirk

(Yr.1)

“I have mostly

everything I need,

so for Christmas I

just want a Kindle

Fire HDX.”

Nawana Shillingford

(Yr.1): “How about all A’s in my

assignments? Or is that

too much to ask?”

Grace Bhagwan-

deen (Yr.1):

“More than anything,

what I want for

Christmas is for the

world to remember

that Jesus Christ is

the reason for the

season. “

P A G E 1 6

T H E G A V E L

BY EILEEN BENJAMIN-RYAN

THE LEGAL AID Clinic has increased its capacity to provide valuable service to student attorneys and clients with the addition

of four tutors this term . Jason Nathu, Kerry Ann Harrison, Annika Fritz and Liselle Guerin agreed to share their new experience

with the Gavel.

More Lawyers at Legal Aid Clinic

Jason Nathu

Attorney-at-Law

Annika Fritz

Attorney-at-Law

Follow Your Passion

For Jason Nathu, it is a transition from the

“firm” environment where he was accus-

tomed to corporate clients to Legal Aid Clin-

ic where it’s “a different kettle of fish”.

However it is a worthwhile experi-

ence since he was always interested in aca-

demia. The Clinic therefore gives him the

opportunity to give back and contribute to

the development of young attorneys.

He enjoys this new experience

especially since he is also co-ordinator of the

Human Rights Clinic, where students have

done “fantastic work on projects that impact

on society”. He also has a passion for intel-

lectual property which he practised for a few

years.

His biggest challenge is practising

family law for the first time and the emotion-al challenge of such cases as domestic vio-

lence and abuse of children where it “is diffi-

cult to detach yourself from clients’ personal

problems”

. Mr Nathu admits that his first love

was media and broadcasting but his passion is

intellectual property which he practised for a

few years . His advice to new lawyers is to

“figure out their passion” so they can enjoy

and like what they do.

“It’s not all about remuneration but ful-

fillment of a passion. “

Be Smart

Kerry Ann Harrison describes her new

experience at the Legal Aid Clinic as ful-

filling. She has been in private practice for

seven years mainly in the areas of family,

corporate and industrial relations. Her love

of teaching however, has brought her here

for a different ”hybrid” experience. She is

accustomed to dealing with students since

she taught at UWI before; but she enjoys

the fast paced environment of “students,

classes, clients, court”.

Her greatest challenge is getting

students to do their work and inspiring

them to do better. “It’s people’s lives…

they sacrifice and they come here”. Le-

gal aid experience at an early age helps stu-

dents to develop a social conscience. “It

prepares them for the real world and peo-ple with real problems”.

Her advice is to be smart and use

your intelligence; fashion yourselves after

very good role models and do not blindly

follow the crowd ; always maintain profes-

sionalism and uphold the Code of Ethics.

She also advises students to follow Justice

Holdip’s caution about social media very

seriously and to be aware that postings on

these media could turn out to be embar-

rassing and negatively affect their career.

Kerry Ann Harrison

Attorney-at-Law

No Price for Experience

Annika Fritz describes her experience

at the Legal Aid Clinic as very pleasant

and appreciates the “dynamism of it all”.

She brings with her 10 years legal expe-

rience in different capacities, including

Parliament and a Government Ministry.

She also taught at UWI; she “really

really” enjoys teaching and loves the

blend of teaching and going to court.

Her advice to new lawyers is

“appreciate creeping before you walk

and walking before you run”, because

there is no price for experience. She

stressed the importance of research

and an understanding of the law to ef-

fectively advise clients.

“Don’t rush into advising before

understanding the facts and

their relation to the law.”

P A G E 1 7 V O L U M E 6 , I S S U E 2 T H E G A V E L

Lyndon Abdool Quality Assurance Manager

Do not underestimate hard work

For Liselle Guerin, it is enlightening to see how much has changed in the five years

since she graduated from HWLS and the expectations of student-attorneys at the Legal

Aid Clinic.

She believes that it is only through practice that you get to understand the

dynamics of the profession. However, she always wanted to teach, so she has learnt to

appreciate law in a new way at the Legal Aid Clinic, with the combination of teaching

and practice………“perfect match”.

She stressed the importance of treating with legal aid as if you are in a firm --

efficient and not just producing and the need to understand what you’re doing.

Her greatest challenge is the increased number of students but is confident

the Clinic will continue to produce quality. She advises students to be willing to seek

guidance because at the end of the day we do not know it all; know what you want and

do not underestimate hard work; do not bottle-neck yourself and be confident in your

ability.

Fostering Quality culture at HWLS

Mr Lyndon Abdool has been recruited as Quality Assurance Manager

to improve stakeholders’ satisfaction of HWLS. The department provides insti-

tutional data to other departments, monitors and measures processes and pro-

cedures to ensure they are effective in achieving programme objectives.

His greatest challenge is establishing systems which foster quality in the

organisation. He believes there are already good plans but implementation is

the problem. Surveys/research agenda include: student assessment, peer as-

sessment (pilot project with Senior Tutor), supervisory assessment, assessment

of exam results to determine trends.

Before joining HWLS, Mr Abdool worked in a similar capacity at

Cipriani Labour College. However, he recognises the difference here with stu-

dents who are post-graduate, with higher expectations and “a different niche”.

He also praises HWLS for its stability of leadership, autonomy and independence

from Government.

He believes that the school is student-centred and that administration

listens to students and “gives them a voice”. His advice to students is to take an

active role in the way they want HWLS to be run. At every opportunity be actively involved and give recommendations so that students remain the centre

of all operations.■

Liselle Guerin

Attorney-at-Law

Jiselle Alexander Counsellor

Balance! Balance! Balance!

Staff and students of HWLS now have access to a counseling service as a means of helping

them cope with the stresses of life and the demands of work/school. The programme

only started this term under the management of Counsellor Jiselle Alexander, but stu-

dents are already utilising the service and as people become aware, numbers will improve.

Ms Alexander is optimistic about the new service. She admits that when students do not

know about the service they may be cautious, but once the information is out there, eve-

ryone can reap the benefits. Results of a recent on-line survey will guide in prioritising

the range of services that will be available, such as workshops on time management, emo-

tional health and well being and facing loss.

Counselling is confidential and no counselling history will go into the student’s

academic file. Students make their own appointments for counseling and sessions are

held off campus.

Nobody wants to seek help or to admit that they need help. They push hard and do not

think about emotions and feelings, but self-imposed pressure to perform takes a toll even-

tually.

She advises students that we should pay attention to all sectors of our life and ensure

there is balance. “This is only for a time and there is more to life”. No one wants be-

come emotionally unbalanced, alienate their loved ones and lose the respect of their chil-dren because they neglected to take care of other things that matter. Make a conscious

effort to spend quality time with family and practice healthy lifestyles.

P A G E 1 8

SOME YEARS AGO, Maximus Dan had a major hit entitled

“Have some order, do not cross the border!” and the shouts of

‘Order in the Court’ is an all-too-familiar phrase within the pre-

cincts of the courtroom so in this article we focus on order both in apparel and behaviour. As we welcome new and continu-

ing students to our hallowed halls of the Hugh Wooding Law

School, and as a reinforcement of our presentation at the Orien-

tation Exercise we feel it necessary to treat with what we term

‘sense of appropriateness’.

The Registrar spent an inordinate amount of time

speaking to the mode of dress, decorum and general behaviour

and interestingly enough on Friday, November 15, 2013 when

addressing the new attorneys at the call to the bar, the Learned

Judge dedicated a section of his presentation to “Civility of Law-

yers” which he deemed to be one of his pet peeves from his

standpoint both as arbiter and as associate tutor. This contribu-

tor feels it absolutely necessary to reinforce these issues which

form the base of the legal pyramid.

In some instances, we behave the way we dress; there

is a distinct correlation between our dress and our behaviour.

Over the centuries, there have been drastic and incremental

changes in the legal profession in keeping with societal changes.

Wigs are no longer worn (although The Bahamas still does),

females wear trousers, dreadlocks hairstyles are permissible and

more recently Israel Khan SC challenged and won the right to

wear Nehru-collared suits to court and this list is by no means

exhaustive. However, there are certain norms which still remain

intact and are truly representative of this conservative profes-

sion to which we ought to adhere, bearing in mind that the pro-

fession did not choose you but you chose the profession. Your

two years at the law school is a transition towards your profes-

sional destination of attorney and accordingly we prepare you in

dress, word and thought for this eventuality. This explains our

expansive though expensive involvement in local, regional and

international moots as far afield as The Hague. Given the fore-

going, we expect you to honour your part of this arrangement

with appropriate dress and conduct.

The wearing of adornments, ill-fitting and tight clothing

which at times render you unable to move with comfort and

ease are inappropriate for the courtroom and ought not to be

worn during your tenure at the Law School. We ask that you

accord us the same courtesy. We are all guided by standards

and foundational blocks from which we build and nurture a soci-

ety. An engineer must wear a hard hat on a site so designated

regardless of his hairstyle or traditions and we must therefore

be careful not to allow modernity to wreak havoc with the tradi-

tions of this noble profession. Your conduct and decorum must

remain intact. We are defined by our qualities and not by our qualifications. We are a transitioning body and therefore re-

sponsible in part for what you become. We cannot speak of

legal reinforcement at a societal level if we renege at the institu-

tional or personal levels. The micro informs the macro.

While we have employees to maintain the cleanliness

and aesthetic appearance of our premises, you do need to coop-

erate and ensure that you do what is required of you. In the

words of George Bernard Shaw -

“better keep yourself clean and bright; you are the

window through which you must see the world.”■

REGISTRARS WRITE!!Order!! Order!!

BY THE OFFICE OF THE REGISTRAR

T H E G A V E L

P A G E 1 9 V O L U M E 6 , I S S U E 2

very basic, I’m so poor, I cant get a job.

Q: What are your thoughts on de-criminalization of marijuana

in Trinidad and Tobago? Are the laws on possession still neces-

sary or outdated?

What I dislike about it most is that simply because the US did

it they want to do it. Because for many years, the Rastafarian community

has been lobbying to do exactly that and we never took any notice.

They’ve presented studies, we’ve had academics who were Rastafarian

and so on and tried to present their evidence. We laughed at them, we

vilified them, we said all kinds of things. Now today a few months after a

couple states in the US did it we now want to jump on the bandwagon

so you know what I refuse to answer that question because of that. Ask

the Rastas that’s my answer. You know what I mean? Why can’t we

think for ourselves? What gives it more validity today? The only reason

they’re willing to talk about it now is because of that. It really annoys

me. It’s part of the problem of us being re-colonized peoples. We still

haven’t gotten there, we still don’t think for ourselves. Everything some-body else does we do. It really irritates me. “Mimic men” is what Nai-

paul called us.

Q: Do you see the illegality of abortion as an infringement on a

woman’s right to make decisions affecting her body? Should it

be legalised and regulated?

Well I believe every woman should have the right to make her

own decision. I suspect it’s a decision that would cause them a lot of

anguish but I do accept it. On the other hand I do no want to see a

world where people would abort a child very willy nilly. But I do believe

there are situations where a woman is faced with very dire circumstanc-

es. In St. Lucia the laws changed where if you were raped you could have

an abortion and some of the churches opposed it. But if I am raped I

believe I should have the choice to abort the child. I could never do it

but intellectually I accept it. These issues are often so complicated be-

cause the majority of times that women chose to have abortions are

because of economic circumstances. It’s usually poor people and you

wonder why didn’t they use contraception, which is another complicat-

ed question. What do you mean by regulated? Let’s only have one child?

Medically it’s risky to have an abortion after a certain time but of course

the question is also when is a person a person? I don’t know the answer

to that. Nobody knows the answer to that. It seems for us a society to

be able to see a heartbeat etc it seems callous but perhaps as medical

science advances we may be able to view a fetus at earlier stages maybe

within the first week you could probably hear a heartbeat you know

what I mean? (laughs)

Q: You recently published a collection of articles on the Legal

and Policy Perspectives on HIV and Human Rights in the Carib-

bean. What else could be done to promote awareness of HIV

and other STDs?

So much is being done. I think we’re moving in the right direction and

there is a lot of awareness and civil society work so I think we’re doing

what is necessary.

Q: If you could eliminate one of the ills in society what would it

be?

Well we were talking about poverty a while ago so I think it would be poverty.

Having just come from places like Haiti I suppose it’s been on my

mind.

Q: What do you think can be learnt from fellow human

rights activist, Nelson Mandela?

Well I actually met Nelson Mandela he said I remind him of his

niece and I gave him a David Rudder CD. I always wondered if he

listened to it. I’m sure he did. I’m a very cynical person in the sense

that I have an enquiring mind. For many years as a young child I

followed the anti-apartheid movement, so I didn’t just know about

Nelson Mandela, I knew about Steve Biko and other freedom fight-

ers. So before I met Nelson Mandela and I read his books I said to

myself it’s not really about Nelson Mandela because there are so

many people who did exactly what he did, who were in the strug-

gle, some lost their lives or were imprisoned. Nelson Mandela was

just a symbol. He was in the right place at the right time. People

may say it became a personal thing about Nelson Mandela as against

the struggle the ANC had. So yes, I admired him but he wasn’t the

only one. That was my thought of Nelson Mandela. But having met him I did feel, and I am not at all a gullible per-

son, I did feel a sense of his presence. That man had something

special honestly. I felt his vibes I felt his karma and it’s only then I

thought yes Nelson Mandela is a great man, seriously. And it’s not

that he said anything so earth shattering to me, we had a social

conversation and we were chatting and laughing, but it was the

sense of his being and something about that made me understand

he wasn’t an ordinary person. I’m not religious but I think some-

times God sends special people to us at points in our lives, I do

believe Bob Marley was one of those, to sort of jolt us and guide us.

I do think Nelson Mandela was one of those. He had a destiny he

was chosen to do what he did. It wasn’t just that he was a symbol

but he himself had that quality in him. Actually, Nelson Mandela

himself wasn’t only this peacemaker, he was a rebel and a fighter

but he was able to contain it and use it to channel his energy. He

definitely had that special presence. I met him and I felt it.

Q:What is one thing that is on your bucket list and why?

I’ve seen that movie recently (laughs). I’ve always wanted to go

to Egypt to see the mummies and the kings and so on because I feel

very strongly that they have tried to disorient them. When I’ve

gone to the Louvre in France, their noses are always missing and I

have this theory that its deliberate distortion of history. They don’t

wanna admit their African heritage as they want us to believe the

people who form these things and built these pyramids were not

black and so I always wanted to see their nose for myself.■

INTERVIEW WITH PROFESSOR ANTOINE (Continued from page 20)

T H E G A V E L

THE GAVELTHE GAVEL A P U B L I C A T I O N O F

T H E H U G H W O O D I N G L A W S C H O O L

V O L U M E 6 , I S S U E 2 D E C E M B E R 2 0 1 3

(Continued on page19)

BY RONALD J. DANIELS

Q: What triggered your interest in protecting human

rights?

I had a social conscience ever since I was young. I come from

a large family that was community oriented. We would have dis-

cussions about apartheid and stuff. I had this impression in my

mind that law was for people who just wanted to make a lot of

money. One day we had a Career seminar at school and my for-

mer Headgirl, Jo-Anne Julien, an Attorney-at-Law, came to speak

to us. While we were chatting she said, “Why don’t you do law?”

So I said, “Everybody said I should do law but I’m interested in

changing the world, social reform and making a difference.” And

she said but law is a platform in which you could do that. You can

do so much with a law degree.

I had a social conscience and people wanted me to do law

but nobody ever put the two together. So when I went to the Law

faculty, I already had a clear vision of the subjects I wanted to do.

At that time, I was the exception, because most of my colleagues

were interested in doing more commercial law to make money.

The Human Rights class had about 6 people. I even had art exhibitions where I displayed things like gen-

der, apartheid etc. People were oblivious. It’s hard for you to

understand because the faculty has changed so much.

Q: Do you agree with Nelson Mandela that overcoming pov-

erty is the protection of a fundamental human right?

Of course. A lot of my human rights work is done through

economic, social and cultural rights which for many years we thought

were non justiciable or non enforceable: right to work, right to health,

right to education. We did so much to expand our Constitution to

protect a person’s right to life for criminals but we did very little to

protect right to humanity through these economic rights. What good is

it to me if I have the right to go and call the talk show and say whatev-

er I want- freedom of expression- but I don’t even have a loaf of bread

to feed my children because I’m so poor or I cant get a job? I’m always

saying that we have neglected these and now, I’m also at the Commis-

sion the head of a new unit which we created last year, Economic,

Social and Cultural Rights Unit, because we’re now recognising that we

have to embrace economic, social and cultural rights in a more tangible

way. I was the rapporteur for African Descendants first so that is race

and discrimination but I see the important synergies. So when I talk to

about race discrimination you think I’m only interested in saying, ‘Okay

non-discrimination, don’t call me the “n” word? We want more than

that. We want to find ways to ensure persons are given genuine oppor-

tunities to advance themselves. The most important thing when I look

at issues such as race or gender discrimination is to look at it through

the lens of economic, social and cultural rights. That’s why I support

reparations. It’s about, ‘Give us some genuinely equal opportunities in

economic and social rights, give us quality education, make sure we

have the funds for it.’

So clearly what Mandela says about poverty is true and the human

rights agenda is beginning to move in that direction. A lot of it is about

structural and institutional discrimination. For instance you may say

health is free but in a rural area or particular areas where persons of

African descent live, it will be the poorest type of health facility or you

may have to go long ways to get it and these things perpetuate them-

selves. It takes one accepting these truths. What I’ve found is that race

is invisible people don’t like to talk about it. People have this very nar-

row view of racism, yes ‘I have a friend who is black so I’m not racist.’

It includes stereotyping that we may not even be aware of.

I’m not interested in narrow, insular human rights. I’m interested in

economic, social and cultural rights in tandem with those other rights

because for me the right to equality, right to non-discrimination, right

to dignity and personhood can only generally exist if a person also has

those rights. You can’t have one without the other. You can’t tell me

that I’m equal or that I have dignity and personhood if I’m denied the

INTERVIEW WITH PROFESSOR ANTOINE BY KHADIJA MAC FARLANE

Professor Rose-Marie Belle Antoine DEAN OF THE FACULTY OF LAW, UWI, ST.AGUSUTINE CAMPUS;

COMMISSIONER ON THE INTER-AMERICAN COMMISSION FOR HUMAN

RIGHTS