Caribbean Trade Law and Development

Year: 2016

  • ACP 103rd Council of Ministers Meeting Concludes in Dakar, Senegal

    Alicia Nicholls

    The Council of Ministers of the 79-member African, Caribbean and Pacific (ACP) Group concluded its 103rd meeting in Dakar, Senegal yesterday. Both the ACP and the European Union are currently in a period of reflection on the future of ACP-EU relations post 2020 when the Cotonou Partnership Agreement expires. A twin issue for ACP member states is how to transform the tri-continental grouping into a modern global actor. In this regard, ACP member states welcomed the much-anticipated report of the ACP Eminent Persons Group. The EPG was launched in March 2013.

    Charged with the mandate of reviewing the ACP as an international organisation, the EPG is headed by former Nigerian President Chief Olusegun Obasanjo and comprised of former high level government officials, academics and business leaders from across the ACP’s six regions, including former President of Guyana, Bharrat Jagdeo.  The EPG’s report entitled “A New Vision for our Future –  A 21st century African, Caribbean and Pacific Group delivering for its Peoples” will be on the agenda at the 8th Summit of ACP Heads of Government which will take place in Papua New Guinea this May 30th-June 1st.

    According to the official ACP Secretariat press release following the meeting, ACP Ministers also discussed and took decisions on a wide range of other trade and development related topics, including Zika, trade for development, fisheries, sugar, inter alia.Importantly, the Council has called on the EU to exercise greater flexibility in the outstanding EPA negotiations with ACP regions which have not yet concluded EPA negotiations with the EU; Central Africa, Eastern and Southern Africa (ESA) and the Pacific. So far CARIFORUM is the only ACP sub-grouping which has ratified a full EPA with the EU, while the West Africa, East African Community, and the Southern Africa Development Community (SADC) EPA group have signed more limited agreements.

    At the meeting, CARIFORUM states Guyana and Belize requested ACP assistance with their long-running border disputes with Venezuela and Guatemala, respectively. Both disputes have seen escalation in tensions in recent months. The latest flare up involves the fatal shooting of a Guatemalan teenager by Belizean forces in a border community between the two countries  last week and charges by Belize that Guatemala is amassing troops along the border, prompting a visit by head of the Organisation of American States (OAS), Luis Almagro, to both countries.

    The final texts of the decisions and resolutions of this meeting will soon be available on the ACP’s website.

    The full press release on meeting is available on the ACP website here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

     

  • African, Caribbean, Pacific Young Professional Network

    Great interview Yentyl!

    angiepops11's avatarCommonwealthYouthCouncil

    CYC interview with Yentyl Williams, Founder ACP YPN

    1. Why did you decide to start ACP YPN?

    I founded the African, Caribbean and Pacific Young Professionals Network (ACP YPN) in December 2014 to advocate for the utilisation of Article 26 on ‘youth issues’ of the joint and legally binding agreement between the European Union (EU) and the ACP group of states, called the Cotonou Partnership Agreement. Through my academic and professionals experiences working on EU-ACP trade, but most importantly, my own experience as a young professional, I became aware that there was a gap that formed between the technical cooperation at the EU and ACP levels, and youth. For example, having come to Brussels, as both British and Trinidadian/Tobagonian, I completed my first internship with the European Commission’s Directorate-General for Trade, working on EU trade with ACP countries, but I was disappointed to find out that there were no internships at the…

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  • COTED concludes 42nd Meeting; Deputy SG calls for greater ease of doing business

    Alicia Nicholls

    The Council for Trade and Economic Development (COTED) of the Caribbean Community (CARICOM) convened its 42nd meeting in Georgetown, Guyana last week, with the Caribbean Single Market & Economy (CSME) as one of the main areas for discussion for CARICOM trade ministers. COTED is the organ of the Community responsible for the promotion of trade and economic development and consists of Ministers designated by CARICOM Member States.

    The agenda for the two-day meeting which took place April 21-22 included the treatment of CARICOM nationals, trade in goods, trade in agriculture, the issue of correspondent banking and regional transportation. Dr. Arancha Gonzalez, Executive Director of the International Trade Centre (ITC)  was also present at the meeting.

    Despite the Caribbean Court of Justice’s judgment in Myrie v Barbados, the vexing issue of the treatment of CARICOM nationals seeking entry into other CARICOM member states is a topic which has reared its head in the news media again in recent weeks.  The latest flare up surrounded the deportation of 12 Jamaicans by Trinidad & Tobago authorities over the Easter weekend, which prompted some Jamaicans, not for the first time, to call for boycotts of products from the twin-island republic.

    Deputy Secretary General of CARICOM, Ambassador Manorma Soeknandan,touched on this issue in her opening remarks.  Noting that the average citizen judges integration by the ease by which he or she can cross regional borders, she highlighted that “more sensitization has to be done among our border officials in relation to the rules that are already in place and the procedures that should be followed”. She suggested to COTED Ministers that they may wish to consider “establishing a quick-response mechanism to resolve situations as they arise on the ground”.

    Terming the CSME “the bedrock of our economic resilience”, Ambassador Soeknanda emphasised that CARICOM people wanted to see results and rightly noted that “consolidation and enhancement of the operations of the Single Market will also allow for a more coherent approach in our External Trade Negotiations”. She referenced the review of the Common External Tariff which is to be commenced.

    Ambassador Soeknanda also spoke of the need to improve the ease of doing business in the region, an issue which I have touched on in previous articles. She said, “we are all complaining in our Region [about the ease of doing business], but what is each one of us doing to change the situation.” She noted that in addition to improving our individual country rankings, there are issues which Caribbean countries can address jointly, such as the time taken to start a business, registering property, and the enforcement of contracts.

    The Deputy Secretary General’s remarks may be accessed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

     

  • Caribbean Countries Looking East for Trade and Investment

    Caribbean Countries Looking East for Trade and Investment

    Alicia Nicholls

    This week the Barbados Chamber of Commerce & Industry (BCCI) signed a Memorandum of Understanding with the  Foreign Economic Relations Board of Turkey. Further north, Jamaica recently announced that it is appointing investment ambassadors to the Middle East and India and Europe to explore business opportunities for Jamaicans. A few weeks ago Antigua & Barbuda’s government announced plans to establish an embassy in Iraq. Caribbean countries are increasingly courting Asian and Middle Eastern countries, with the aim of unlocking business opportunities for Caribbean exporters and business persons in eastern markets.

    Why is the Caribbean looking East?

    Caribbean countries’ eastern turn has its genesis in three main factors: firstly, the need to diversify their trade partners in an effort to lessen their vulnerability to economic slowdowns in their traditional export partners (the United States, Canada and the European Union). Secondly, there is the desire to promote South-South economic and political cooperation as a conduit for development. Thirdly, there is the recognition of the growing shift in the global balance of power away from Western capitals towards the East. Asian economies are expected to account for two-thirds of the world’s population and half of global GDP by 2025, according to the United Nations.

    China has already solidified its position as a major investment and development partner in the region. Lamentably, Caribbean countries’ overtures towards the East have drawn criticism from some elements in Caribbean societies, with some expressing wariness about the timing given the political instability in the Middle East, the seemingly limited cultural affinity between Caribbean countries and the predominantly Muslim countries of the East, and the diplomatic fall-out some believe would occur if Caribbean countries engage too much with traditional western foes like Iran. However, many of these criticisms are both misguided and myopic.

    Firstly, Western countries themselves have recognised this shifting balance of power and have sought to expand their presence in eastern markets, with the Trans-Pacific Partnership Agreement being just one example. Secondly, Caribbean countries have had diplomatic relations with most Asian and Middle Eastern countries for years. What is new is there is now more meaningful efforts at deepening relations through the establishment of embassies and consulates, negotiating visa waiver agreements, open skies agreements and protocols for cooperation.

    Thirdly, contrary to popular belief, there are some cultural and historical links between the Caribbean and the East.  As a result of the indentured labour system during the colonial era and successive waves of immigration, East Indians comprise a plurality of the populations in Guyana, Suriname and Trinidad & Tobago and there are also sizable Chinese, Syrian and Lebanese diasporic communities in those countries, as well as a 70,000 person strong Javanese diaspora in Suriname. Jamaica, Barbados and Antigua & Barbuda have much smaller East Indian populations.

    Many of these diasporic communities, whether immigrant or native-born, still hold on to cultural relics of their ancestral homeland, including music, religion, cultural norms and in some cases, language. After all, one of highlights of visiting Trinidad & Tobago is eating local Indian-based delicacies like roti and doubles. Additionally, walk into an East Indian owned store in the region and you are sure to find products which were  imported in bulk from the Indian sub-continent.

    Another cultural link between the Caribbean and some Eastern countries is the love for cricket. Several West Indies players have played and/or are currently playing in the Indian Premier League (IPL). Some notable names include big names like Chris Gayle, Darren Sammy, Dwayne Bravo, Jason Holder, to name a few. It was also recently reported that seven Afghan players have been registered in the Caribbean Premier League draft. Bollywood star Shah Rukh Khan currently owns the Trinbago Knight Riders (formerly the Trinidad & Tobago Red Steel), Trinidad & Tobago’s franchise in the Caribbean Premier League.

    Caribbean students are increasingly benefiting from scholarships offered by the governments of China, Taiwan, Japan, Korea and Malaysia to study in those countries.

    Trade and Investment

    While the limited data available shows that trade between Caribbean and Asian/Middle Eastern countries is minimal, the bilateral trade and investment relationship between Trinidad & Tobago and India is a good example of the potential which exists.

    Data published by the Indian High Commission to Port of Spain (Trinidad & Tobago) shows that in 2014 India exported US $165.48m in goods to the twin island republic, and imported 68.42m. Examples of Indian FDI in Trinidad & Tobago include Bank of Baroda, the New India Assurance Co and Mittal Steel. Cultural industries trade also has huge potential. Trinidad & Tobago was one of the filming locations for the Bollywood film, Dulha Mil Gaya starring Shah Rukh Khan.

    Barbados has signed double taxation agreements with the United Arab Emirates (2014) and, the Kingdom of Bahrain (2012), which are currently not yet in force but could be used as vehicles for Middle Eastern investment in Latin America and the Caribbean

    Development Finance & Islamic Banking

    Earlier this month, Guyana became the 57th member of the Islamic Development Bank (IsDB), joining Suriname to be the only two countries in the western hemisphere to be members of this multilateral development finance institution. Membership of the IsDB  will provide Guyana another means of access to concessional financing, including grants and interest-free loans. Guyana and Suriname also have full membership of the Organisation of Islamic Cooperation (OIC), a prerequisite to joining the IsDB. At the recently held 13th OIC Heads of Government Summit in Istanbul, Turkey, Suriname reiterated its intention to become  the hub of Islamic banking and finance in the Americas.

    Tourism

    The rising middle class in Asian and Middle Eastern countries represent a large untapped tourist market for both mainstream and faith-based tourism.  Halal tourism, which provides tourism and services meeting the requirements of Muslim religious rules and practices, is a growing niche in global tourism, not dissimilar to Kosher tourism which caters to persons of the Jewish faith. Several countries, including the predominantly Christian Philippines, have been repositioning themselves to benefit from the global rise in Halal tourism. It may be something which countries like Guyana, Suriname and Trinidad & Tobago, could explore given their greater familiarity with Halal customs.

    Challenges

    Exporting goods and services and promoting travel trade in a new market has its complications, from the need to conduct adequate market research so as to understand and meet consumer preferences, to familiarisation of regional exporters with cultural and business norms,regulatory standards and border requirements in the target market, as well as linguistic barriers. It might be easier at first to foster links with countries like India, Malaysia and Singapore where English is widely spoken and where there are some  cultural affinities.

    Distance is also a major logistical factor in terms of both ocean freight and air travel. Open skies agreements would help promote greater travel and trade by freeing the air services framework from government interference. However, travel between the Caribbean and Eastern countries is currently time-consuming as it requires changing planes, and transiting through metropolitan hubs like London, Amsterdam or Miami. Nationals of some Asian and Middle Eastern countries require visas to transit through these hubs.  There is some hope, however. Air China commenced service from Beijing to Cuba via Montreal in Canada in December 2015. Although one still has to transit, there is only a three-hour stop over. As technological advancements improve the capacity and speed of long haul airliners, it is not unlikely that there could one day be direct non-stop flights between the Caribbean and Asian and Middle Eastern countries once there is sufficient demand, whether latent or effective.

    If one includes China and India, eastern markets include a population of over 3 billion people which is ripe for tapping. As the middle class in Asia and Middle Eastern countries continues to rise, there will be greater demand for travel, and also greater scope for trade and investment between these regions. I believe there are also opportunities for greater engagement, exchange and learning between the Caribbean and eastern countries, particularly in areas like culture, education, technology and sports. Critically, there will be the need to foster linkages between private sector associations and educational institutions in both regions. The countries of the Caribbean Community (CARICOM) would also need to consider the feasibility of negotiating formal agreements for facilitating trade and investment with individual eastern countries or trade blocs like the Association for South East Asian Nations (ASEAN).

    There is also the need for language training and cultural awareness between the peoples of the Caribbean and eastern countries. A good start is the Confucius Institutes at the University of the West Indies’ Mona, St. Augustine and Cave Hill Campuses which would assist in this process in so far as Chinese-Caribbean relations are concerned.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.