Caribbean Trade Law and Development

Tag: CARICOM Single Market and Economy

  • CARICOM DECLARATION ON REDEDICATION TO CSME IMPLEMENTATION

    Heads of Government of the Caribbean Community
    ST JOHN’S DECLARATION
    ON REDEDICATION TO CSME IMPLEMENTATION
    WE, the Heads of Government of the Caribbean Community (CARICOM), meeting virtually on 5-6 July 2021 for the Forty-Second Regular Meeting of the Conference of Heads of Government of CARICOM;

    Recognising that the commitments made in our 2018 ST ANN’S DECLARATION ON THE CARICOM SINGLE MARKET AND ECONOMY (CSME) to inter alia, take action at the national level to advance the regional integration agenda, have for the most part not materialised;

    Reiterating our conviction that CARICOM integration and particularly the CSME continue to be important for the growth and development of the Member States of CARICOM especially in the face of the debilitating impact of the COVID-19 pandemic which has absorbed the focus of Member States  over the past fifteen months and more;

    Conscious of the vastly different economic environment that is currently prevailing;

    DECLARE:
    We have all individually and collectively recommitted to take all action necessary to ensure timely and effective implementation of the CSME, especially in light of the challenges of the current demanding environment.

    We have agreed that achieving full implementation of the CSME would require immediate specific action by the Organs and Bodies of the Community, Cabinets and Ministries of Member States, stakeholders (particularly the private sector) and the CARICOM Secretariat.
    We have agreed to have regular inclusion of the CSME as an item on the Agenda of Cabinet meetings.

    We have also agreed to give specific and focused attention to ensuring that our governance and accountability mechanisms and structures at the national and regional levels are made sufficiently robust for effecting the required CSME implementation including a greater oversight role for our Ambassadors to CARICOM.

    We have endorsed the COTED decision to convene a special session on CSME implementation before its next regular meeting in November 2021 to agree on other specific actions proposed for immediate implementation by the various stakeholders towards ensuring full implementation of CSME provisions and to approve an overall Action Plan for CSME implementation.

    Source: CARICOM Secretariat

  • CCJ First Advisory Opinion Hearing

    CCJ First Advisory Opinion Hearing

    Alicia Nicholls

    History is being made at the Caribbean Court of Justice (CCJ) which is currently hearing oral submissions in the first ever Advisory Opinion filed in the Court pursuant to Article 212 of the Revised Treaty of Chaguaramas (RTC).

    Article 212 of the RTC empowers the CCJ with exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the RTC. Advisory opinions can be delivered only at the request of the Member States parties to a dispute or the Community.

    The present request, which was filed by the CARICOM Secretariat, concerns two substantive issues:

    (1) whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community.

    (2) whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision.

    Day 1

    On Day 1, the Court heard, inter alia, from CARICOM’s General Counsel, Dr. Corlita Babb-Schaefer, as well as counsel from Barbados, Antigua & Barbuda, St. Kitts & Nevis, Grenada. Also appearing amicus was a team from the Faculty of Law, The University of the West Indies, Cave Hill campus represented by Dean Dr. David Berry and law lecturers, Mrs. Nicole Foster and Mr. Westmin James. The live recording from Day 1 may be watched here.

    Day 2

    On Day 2 of the hearing the Court heard closing submissions. In closing, the Court promised to deliver its Advisory Opinion in a “reasonable time”. Day 2 of the hearing may be watched here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international 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.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • The Golding Report Adopted by Jamaica Government: What Next?

    The Golding Report Adopted by Jamaica Government: What Next?

    Alicia Nicholls

    Last week the Report of the Commission to Review Jamaica’s Relations within the CARICOM and CARIFORUM Frameworks, commonly referred to as the “Golding Report” after the Commission’s distinguished Chairman, the Honourable Bruce Golding, former Prime Minister of Jamaica, was debated and adopted by the Jamaica House of Representatives. We now finally have some idea of what is the official position by the Government of Jamaica on the report which was commissioned by the Most Honourable, Andrew Holness, Prime Minister of Jamaica and completed nine months later in March 2017.

    Initial fears that the report would serve as the basis for a Jexit (Jamaica’s exit from the CARICOM), akin to the country’s withdrawal from the West Indies Federation in 1961, have been allayed somewhat. Official statements from the Jamaican Government do not evince an intention to leave CARICOM and the Government appears convinced, at least for now, that the CARICOM Single Market and Economy (CSME) is the best raft for navigating increasingly uncertain global economic and policy waters.

    The 51-page report sought to examine Jamaica’s relations within CARICOM and CARIFORUM, but has presented another opportunity for introspection by CARICOM leaders and other stakeholders on what has been achieved, where we have failed and what is needed to move forward. The fact that consultations were held with persons not just from Jamaica, but also from across the wider CARICOM shows that the Report was not solely insular in focus.

    The Holness Government has indicated that it would not push for the five-year deadline for full CSME implementation recommended by the Report, calling the timeline “unrealistic”. Instead, Mr. Holness stated that the Government would “get commitments from the various heads for the full and effective implementation of the Common Market, which are things that we can do within the five years.”

    The Holness Government has also thrown its support behind a review of the CARICOM contribution scale of fees payable to the Secretariat and other bodies. Jamaica is currently the second largest contributor (23.15%) and is working to reduce its arrears of just under $500 million. Jamaica is not the only Member State to owe arrears, but the lack of information on the level of arrears owed by Member States was one of the transparency issues raised in the report.

    In his contribution to the debate on the Report in the Lower House, Mr. Holness further noted that some of the report’s thirty-three recommendations were more immediately implementable than others, and there was need for some flexibility. The Leader of the Opposition, PNP Leader, Dr. Peter Phillips, also supported the report.

    Disappointingly, there has been no public reaction by CARICOM leaders to the report so far, aside from the comments made by Prime Minister of St. Vincent & the Grenadines, Dr. the Honourable Ralph Gonsalves. No reference was made to the Report in the Communique from the 29th Intersessional Meeting, but the report is likely to be one of the agenda items at the upcoming 39th Regular Meeting of the Conference of the Heads of Government of the Caribbean Community (CARICOM) carded for July 4-6 in Jamaica.

    At the two-day Stakeholder Consultation on the CARICOM Single Market and Economy (CSME) held at the Ramada Princess Hotel in Georgetown, Guyana June 8-9, the Honourable Bruce Golding, who was one of the presenters, noted that the CARICOM Secretariat was not to blame for the implementation deficit.

    The Jamaica Government should be lauded for this effort. The Report, which has been the most comprehensive report on CARICOM since the Ramphal Commission’s Time for Action Report of 1992, also addresses issues such as transparency, financing and accountability. The report’s recommendations, most of which are not new, are however, far-reaching. Among the more novel recommendations are the proposed establishment of an Office of an Auditor-General, a Central Dispute Settlement Body, and greater involvement of the private sector.

    More could have been said in the Report about ensuring buy-in by future generations by increasing youth participation and engagement in the regional integration process, such as through the expansion of the CARICOM Young Ambassadors Programme, the establishment of a CARICOM Young Professionals Programme at the CARICOM Secretariat or across its institutions, or at least providing greater opportunities for young persons to see first hand the work of the Secretariat through internships.

    Like the many reports and studies before it, the Golding Report presents an important opportunity for conversation and dialogue, but talk must be parlayed to action. Jamaica will assume chairmanship of the Conference of Heads of Government under its rotational system from July 1-December 31, 2018, and Mr. Holness will have an opportunity within his six month chairmanship to hopefully influence how much attention is paid to the report and its recommendations, and what should be the next steps.

    It is hoped that the Golding Report will not suffer the fate that so many previous studies on CARICOM suffered, that is, being relegated to “File 13”. The report should provoke serious introspection about whether the CSME is really what we want. What concrete steps are we willing to take to implement the commitments made under the Revised Treaty of Chaguaramas?

    Leaders of CARICOM countries must not just be willing to make commitments but be champions for their implementation domestically. The election result in Barbados, which under the quasi-cabinet has lead for the Single Market (including Monetary Union), presents some cause for hope. The new Prime Minister, the Honourable Mia Amor Mottley, has taken a more pro-integration stance than seen in the previous administration, and one of her first acts was to remove the visa requirement for citizens from Haiti, which is not yet a CSME participatory but is a CARICOM Member State.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international 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.