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I N THI S

I SSUE:
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
DONTs 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 GAVEL
THE 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 Khans 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
(Contd 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-
ans 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 Quran 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 womans 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-mai ls 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 Dcor 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

(Contd 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 youre 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 Generals 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
Archies sentiments were also echoed by the former Speaker of
Guyanas 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. Leibigs 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 18
th
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 years 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
jurisdictions 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-
ents 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 clients 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 ones own or anothers proceeds of crime, receiving an-
others 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 DONTs 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!
Ds for defense which counsel prepare.
Es 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,
Is for identity, plus the parade,
Js 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.
Ms 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,
Rs 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.
Ws 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 perform
ers receive their aw
ards.
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 PIERRES PHOTOGRAPHY
Graduates collect their Legal Education Certificate at
the Graduation Cerem
ony at UW
I 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, Grenadas 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 nights 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, Id like this gor-
geous emerald and
white gold ring!
Roger Carter
(Yr.1):
I wish for stronger
closeness and to-
getherness among
the Law Schools
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-
ones personal jour-
ney in life is success-
ful in all aspects and
that my grandfather is
healed.
Javed
Mohammed
(Yr.1)
Thats 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 As 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 its 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.
Its 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. Its peoples 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
Holdips 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.



Dont 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 practiceperfect 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 youre 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 students
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, Im 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.
Theyve presented studies, weve 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 thats my answer. You know what I mean? Why cant we
think for ourselves? What gives it more validity today? The only reason
theyre willing to talk about it now is because of that. It really annoys
me. Its part of the problem of us being re-colonized peoples. We still
havent gotten there, we still dont 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
womans 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 its 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. Its usually poor people and you
wonder why didnt they use contraception, which is another complicat-
ed question. What do you mean by regulated? Lets only have one child?
Medically its risky to have an abortion after a certain time but of course
the question is also when is a person a person? I dont 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 were moving in the right direction and
there is a lot of awareness and civil society work so I think were 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 its 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. Im sure he did. Im 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 didnt 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 its 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 wasnt 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 its only then I
thought yes Nelson Mandela is a great man, seriously. And its 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 wasnt an ordinary person. Im 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 wasnt just that he was a symbol
but he himself had that quality in him. Actually, Nelson Mandela
himself wasnt 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?

Ive seen that movie recently (laughs). Ive 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 Ive
gone to the Louvre in France, their noses are always missing and I
have this theory that its deliberate distortion of history. They dont
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 GAVEL
THE 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 dont you do law?
So I said, Everybody said I should do law but Im 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. Its 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 persons 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 dont even have a loaf of bread
to feed my children because Im so poor or I cant get a job? Im always
saying that we have neglected these and now, Im also at the Commis-
sion the head of a new unit which we created last year, Economic,
Social and Cultural Rights Unit, because were 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 Im only interested in saying, Okay
non-discrimination, dont 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. Thats why I support
reparations. Its 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 Ive found is that race
is invisible people dont like to talk about it. People have this very nar-
row view of racism, yes I have a friend who is black so Im not racist.
It includes stereotyping that we may not even be aware of.
Im not interested in narrow, insular human rights. Im 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 cant have one without the other. You cant tell me
that Im equal or that I have dignity and personhood if Im 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

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