Legal and Governance Division
Article 1 of the Treaty Establishing the Organisation of Eastern Caribbean States (Treaty of Basseterre 1981) established the Organisation of Eastern Caribbean States as an international organisation with full legal personality. This status was reaffirmed and continues under Article 2 of the Treaty of Basseterre Establishing the Organisation of Eastern Caribbean States Economic Union.
Programmes
The Legal and Governance Division of the OECS Commission performs a range of essential functions to support the organisation's operations and objectives. Some of the main functions of the Legal and Governance Division include:
1 - Legal Guidance
The Legal and Governance Division of the OECS Commission performs a range of essential functions to support the organisation's operations and objectives. Some of the main functions of the Legal and Governance Division include:
Providing Legal Advice: The Legal and Governance Division offers legal advice to the Director-General and OECS Organs on various legal issues related to the interpretation and application of international law, the Organisation’s agreements, resolutions, and other legal instruments.
Drafting and Reviewing Legal Documents: It drafts, reviews, and provides legal guidance on the formulation of Acts and other legislative instruments, agreements, memoranda of understanding, resolutions, and other official documents to ensure compliance with international and national law.
Legal Research and Analysis: It conducts legal research and analysis on emerging legal issues, trends, and developments to inform decision-making and policy formulation within the OECS system.
Representing the Organisation in Legal Proceedings: The Legal and Governance Division represents the interests of the Organisation in legal proceedings, including disputes before international tribunals, and other bodies. It also provides support for alternative dispute resolution mechanisms.
Supporting Diplomatic and Treaty Negotiations: It assists in diplomatic negotiations and other agreements by providing legal expertise and advice to OECS delegates.
Promoting International Law: The Legal and Governance Division encourages the development and harmonisation of national law through research and analysis of legal issues of regional concern.
Administering Legal Assistance: It administers legal assistance to OECS staff members and provides guidance on legal matters related to their employment rights, privileges, and immunities.
Conducting Legal Training and Capacity Building: The Legal and Governance Division is responsible for conducting legal training programs and capacity-building activities for member states, and other stakeholders to enhance their understanding of international law and OECS legal principles.
Overall, the Legal and Governance Division plays a crucial role in ensuring that the Organisation operates within the framework of international law and effectively carries out its mandate of promoting regional integration and fostering cooperation among its member states.
2 - Facilitating the OECS Assembly
The OECS Assembly, established by Article 7.1(c) of the Revised Treaty of Basseterre, is a principal organ of the Organisation. It is composed of representatives from the parliaments and legislatures of the member states. Each independent state's parliament appoints five members to the Assembly, while other member states' legislatures appoint three members each. Membership includes at least two government members (including the Head of Government) and at least one opposition member (including the Leader of the Opposition). If there are no elected opposition members, the Head of State of that member state designates a representative from the opposition party or parties. Membership lasts for two years or until the next general election for the local legislature, whichever is shorter. The OECS Assembly considers and reports to the OECS Authority on any proposal to enact an Act of the Organisation and any other matter referred to it by the OECS Authority. The current Speaker is Honourable Rene M. Baptiste of Saint Vincent and the Grenadines. Inaugurated on August 10, 2012, the Assembly is headquartered in Antigua and Barbuda and convenes at least twice annually or as directed by the OECS Authority.
Resources
Access more resources on Legal Services in the Eastern Caribbean via the OECS Library.
Contacts
Dwight Lay
General Counsel in Legal and Governance Division
Tel: +1 (758) 455-6398
Samantha Charles
Senior Legislative Drafter in Legal and Governance Division
Tel: +1 (758) 455-6422
Shonari Clarke
Legal Officer in Legal and Governance Division
Tel: +1 (758) 455-6369
Sallyann Alfred
Paralegal in Legal and Governance Division
Tel: +1 (758) 455-6392
Leaders of the Legal and Governance Division
Mr. Dwight Lay, General Counsel
Mr. Dwight Lay heads the Legal and Governance Division of the Organisation of Eastern Caribbean States. As General Counsel, Mr. Dwight Lay oversees all legal matters for the Organisation including corporate affairs. Prior to joining the Organisation Mr. Dwight Lay worked extensively as a Barrister and functioned as a legal representative for the Government of Saint Lucia. He is a member of The Hon. Society of Lincoln’s Inn, London and the Saint Lucia Bar Association. Mr. Dwight Lay earned his Master of Laws Degree from the Cave Hill Campus of the University of the West Indies. He obtained his Bar Vocational Certificate from the College of Law in London, England and his Bachelor of Laws (Honours) degree from the University of Wolverhampton in the United Kingdom.