REDjet, Protection, The CSME and the region's scepticism about the usefulness of CARICOM

REDjet, Protection And The CSME

jamaica-gleaner editorial


In the Revised Treaty of Chaguaramas, at Article 134, Caribbean Community (CARICOM) governments made it clear that "efficient, reliable (and) affordable transport services" would be essential if the region was not only to theoretically transform the Community from a free trade and functional cooperative group to a single market and economy, but to consolidate the process.

At Article 135 (1)(f) of the same treaty, Caribbean governments pledged "the removal of obstacles to the provision of transport services by nationals of the member states ... ."

'Nationals', in this context, refers not only to individuals, but corporate persons registered and resident in member states of the Community.

We draw attention to these facts, given the ongoing dispute regarding the operation of REDjet, a Barbados-registered and domiciled low-cost airline, whose Irish principals, and the Barbados government, believe - unless they have very recently changed their minds - are being discriminated against by Jamaica and Trinidad and Tobago.

We must confess that in the absence of clarity on the part of Kingston and Port-of-Spain, it all smells rather fishy to us, and in that context ... we would call into question our Government's declared commitment to the free market and competition, as well as the operation of CARICOM as a genuine single market.

CARICOM has, of course, struggled with a coherent and consistent aviation policy for the nearly 40 years that the Community has been in existence. Indeed, Caribbean nationals often complain of the logistical difficulties and high cost of travelling within the region and the limits these have placed on the conduct and growth of business, including tourism.

protecting carriers

The rigidities that regional governments maintained of air services were largely to protect state-owned carriers, such as Air Jamaica and Caribbean Airlines (CAL), the Trinidad and Tobago carrier that used to be called BWIA.

But these carriers lost huge amounts of money, which the taxpayers of most of the countries can no longer afford. For example, in the decade until it was finally unloaded just over a year ago, Air Jamaica cost Jamaican taxpayers more than US$1 billion, or nearly J$90 billion.

This brings us back to the REDjet issue. When Air Jamaica was finally divested, it was acquired by CAL. Under the arrangement, the Jamaican Government received 16 per cent of CAL, but is insulated from capital calls. There is, on the face of it, reason for Kingston and Port-of-Spain to protect CAL.

REDjet, which operates two MD82 aircraft, first wanted to set up in Jamaica, but was stonewalled. It moved to Barbados, which has no state-owned carrier.

Several months ago, REDjet announced it would inaugurate its cut-rate flights to Jamaica, Trinidad and Tobago, and Guyana, but has had regulatory difficulties in Kingston and Port-of-Spain.

Now, Jamaica and Trinidad and Tobago say they have safety concerns over REDjet, which the airline has to address before receiving the green light. These concerns are new to the company and the Barbadian authorities.

If these countries have genuine safety concerns, it is in the interest of the region that they be resolved. But the process has to be transparent, which this has not been.

Indeed, it is behaviour like Kingston and Port-of-Spain's that has helped to drive the region's scepticism about the usefulness of CARICOM.

The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.

June 19, 2011

jamaica-gleaner editorial

Bahamas Political Blog

Freedom of movement curtailed since independence of Caribbean countries

By Oscar Ramjeet



The freedom of movement of Caribbean nationals has been severely curtailed since the breakup of the West Indies Federation five decades ago and the various countries in the region gaining independence.

It is unfortunate because in the colonial days persons were free to move from one country to another, even to Barbados, without hitch, but because some governments became intoxicated with sovereignty they imposed serious restrictions.

And although the Caribbean Community (CARICOM) Single Market and Economy (CSME) made provisions for free movements of professionals, musicians, journalists, etc., here is still a problem and regionalism does not seem to exist anymore.

There was some hope with the establishment of the University of the West Indies (UWI) and the West Indies cricket team, but that seems to be shattered because there is no longer that regional togetherness of UWI students because of recent significant changes.

For instance, students from Guyana now complete their LLB degrees in Guyana and no longer have to travel to Barbados, where hundreds of students enroll every year, and now Jamaica is offering the LLB programme and this reduces the Jamaican student population at Cave Hill.

Bahamas now has its own law school and, as a result, would-be lawyers study at home.

From the 1950s up to recently, all medical students in the region have had to attend Mona, but now they can do so in Trinidad and Tobago, Guyana, Grenada, and other Caribbean islands.

The poor performance of the West Indies cricket team has forced thousands of cricket fans to lose interest in the game and that to some degree has some effect on Caribbean unity.

The shameful behaviour of immigration and police officers at the Grantley Adams International airport against fellow Caribbean nationals should be dealt with by the Caribbean Community and it is unfortunate that CARICOM moves so slowly with these issues, as well as Caribbean unity.

Trinidad and Tobago Prime Minister, Kamla Persad Bisssessar made a couple of unfortunate statements that Trinidad and Tobago is not an ATM machine for other CARICOM countries, but she has nevertheless said that she is very much in favour of regional integration.

Owen Arthur, former Barbados prime minister, who was masquerading and preaching the importance of CSME, was critical of Mara Thompson, running for a seat in Barbados because she was not a born Bajan, but a St Lucian, although she was married to a Bajan, late Prime Minister David Thompson, for more than 20 years.

The British Overseas Dependant Territories of Anguilla, British Virgin Islands, Cayman Islands and Turks and Caicos require entry certificates (visas) from Jamaicans, Guyanese and citizens of the Dominican Republic.

For years the CARICOM has been discussing freedom of movement, but it seems as if they are not getting anywhere; as a matter of fact, it is getting worse since there is more harassment at airports, especially Barbados.

There have been reports that, in Antigua and Barbuda, Guyanese nationals are given a rough time by the Baldwin Spencer administration.

What is also unfortunate is the lack of interest and in some instances the refusal of governments to get rid of the Privy Council as their final court and accept the Caribbean Court of Justice as the final court.

Jamaica and Trinidad and Tobago were the first countries to gain independence from Britain in August 1962, and it unfortunate that after nearly five decades they are still holding on to the coat tails of the United Kingdom for justice. If you had political independence so long ago why not judicial independence, especially since you have highly qualified judges who can do a better job than the English Law Lords, who are so far away and do not understand the Caribbean culture and way of life.

April 11, 2011

caribbeannewsnow

Bahamas Blog International

Regional integration and its importance to the growth of the Bahamian economy...

Arthur: Integration important to Bahamas economy



Former prime minister and current leader of the opposition in Barbados Owen Arthur recently expressed his sentiments about regional integration and its importance to the growth of the Bahamian economy.

“Removal of trade barriers is essential for the development and advancement of the Bahamian economy if we intend to be more involved in the global economy,” Arthur said. “The Bahamas can play an integral role in the development of the Caribbean region and the economies of its member states if they understand and maximize their full potential in the ways they can contribute to regional development.”

Arthur made his comments during a meeting in Barbados with Tyson Mckenzie, president of the Bahamas National Youth Council (BNYC), on March 31st, 2011. During the meeting, the ways in which the Bahamian youth and citizenry at large should prepare themselves for regional integration was discussed.

It was further noted by Arthur that the Bahamian people do have legitimate concerns, such as fiscal issues, labor mobility and social dislocation, with regards to the reservations of the involvement into the CARICOM Single Market and Economy (CSME). He noted that when he was the prime minister of Barbados and a guest speaker at a town hall forum in The Bahamas, Bahamians expressed a fear of the influx of Caribbean nationals into their country.

However, he urged that if The Bahamas intends to increase its presence in international organizations and/or agreements it must first allow itself to see if its economy is prepared to handle the demands of other economies when it liberalizes its barriers for open trade.

“The Bahamas is moving backwards with reference to signing onto these international arrangements and agreements,” Arthur said. “It should work the other way around, The Bahamas should first explore the means of liberalizing its economy with its own brothers and sisters who have their true interest at heart.

“By doing this, The Bahamas is preparing itself for the international integration with other countries and better and more substantial involvement in international organizations such as the WTO, EPA and others.”

Arthur also mentioned that the Bahamian economy can also benefit from the rights of establishment. It was mentioned that the Bahamian economy has a struggling agriculture industry and it should be moving towards diversification. Noting that The Bahamas depends heavily on the tourism industry and customs as its main sources of revenue, when integrated into certain international trading agreements this would result in the removal of tariffs and barriers related to the free movement of goods and services.

4/5/2011

thenassauguardian

Bahamas Blog International

Is The West Indies West Indian? (Part 2)

By Sir Shridath Ramphal


Nothing speaks louder of CARICOM’s current debilitation than our substantial denial of the Caribbean Court of Justice. The Bar Association of Grenada is host to this Lecture Series, which is a memorial to a great West Indian lawyer. It is poignant that the Inaugural Lecture in this series delivered in 1996 was entitled: Essentials for a West Indies Supreme Court to replace the Judicial Committee of the Privy Council as the final Appellate Court for Commonwealth Caribbean States and Territories. Fifteen years later, it is still apposite that I address this issue when we talk of being West Indian.

In 2001, twelve CARICOM countries decided they would abolish appeals to the Privy Council and establish their own Caribbean Court of Justice, serving all the countries of the Caribbean Community with both original jurisdiction in regional integration matters and appellate jurisdiction as the final court of appeal for individual CARICOM countries. As of now, only Guyana (which had abolished appeals to the Privy Council on independence, believing it to be a natural incident of ‘sovereignty’), Barbados and now Belize have conferred on the CCJ that appellate jurisdiction

Constitutional amendment is required for the abolition of appeals to the Privy Council. In practical terms, this means bipartisan political support for the CCJ. In Jamaica and Trinidad and Tobago (where the Court has its much sought after location) that political consensus does not exist – because the political party now in office in each of those two major regional jurisdictions has turned its back on its regional court. In St Vincent and the Grenadines, a referendum last year rejected the transference of appeals to the CCJ.

The situation has been complicated by the issue of the death penalty, on which the Privy Council, reflecting contemporary English (and EU) mores and jurisprudence, has been rigorous in upholding Caribbean appeals in death sentence cases. Someday, the Caribbean as a whole must accept abolition of the death penalty; I believe we should have done so already; but, in a situation of heightened crime in the region, popular sentiment has induced political reticence. Even so, however, the Privy Council’s anachronistic jurisdiction persists; and the Caribbean Court of Justice remains hobbled in pursuing its enlightened role in Caribbean legal reform.

It is almost axiomatic that the Caribbean Community should have its own final Court of Appeal in all matters – that the West Indies at the highest level of jurisprudence should be West Indian. A century-old tradition of erudition and excellence in the legal profession of the region leaves no room for hesitancy. As a West Indian I despair, as a West Indian lawyer I am ashamed, that the West Indies should be a major reason for the unwelcome retention of the Privy Council’s jurisdiction within the halls of the new Supreme Court in England. Having created our own Caribbean Court of Justice it is an act of abysmal contrariety that we have so substantially withheld its appellate jurisdiction in favour of that of the Privy Council – we who have sent judges to the International Court of Justice, to the International Criminal Court and to the International Court for the former Yugoslavia, to the Presidency of the United Nations Tribunal on the Law of the Sea (from Grenada); we from whose Caribbean shores have sprung in lineal descent the former and current attorneys general of Britain and the United States respectively.

As I recall this register of West Indian legal erudition, let me pause to pay tribute to the memory of Prof Ralph Carnegie who left us last month – a veritable icon of learning in the law and of service to it – and always a West Indian. As CCJ Judge Winston Anderson acknowledged at his funeral service, he died sadly without attainment of his vision of a fully functioning Caribbean Court of Justice, and fearful of the prospects for the legal monument he strove so hard to build. We owe him a more lasting memorial.

This absurd and unworthy paradox of heritage and hesitancy must be resolved by action. In law, as in ourselves, the West Indies must be West Indian. Those countries still hesitant must find the will and the way to end this anomaly, and perhaps it will be easier if they act as one. The truth is that the alternative to such action is too self-destructive to contemplate. The demise of the Court itself is not an improbable danger when in both Jamaica and Trinidad and Tobago the creation of a local final Court of Appeal is being canvassed. Loss of the CCJ will almost certainly frustrate progress on a Single Market and Economy -- the vision of Grand Anse. We will have begun tearing up the Treaty of Chaguaramas, whose Preamble recites “that the original jurisdiction of the CCJ is essential to the successful operation of the CSME”. If West Indian lawyers, in particular, remain complacent about this absurdity much longer – and I am afraid some are -- we will begin to make a virtue of it, and in the end dismantle more than the Court.

So grave and present is this danger that in August last, five West Indians to whom the region has given its highest honour, the Order of the Caribbean Community, took the unprecedented step of warning publicly “with one voice of the threat being posed to the Caribbean Court of Justice and the Community’s goals more generally”. I was among them. “We warn against these developments” we wrote, “which, as in an earlier era, could bring down the structures for advancing the interests of the people of CARICOM … carefully constructed and nurtured over many decades by sons and daughters of all CARICOM countries”. We were warning of the mire of despond we would stumble into if in this matter the West Indies ceased to be West Indian.

But let me add what we all know, though seldom say: to give confidence to our publics in their adoption of the CCJ as the ultimate repository of justice in the West Indies, our governments must be assiduous in demonstrating respect for all independent West Indian constitutional bodies (like the Director of Public Prosecutions) lest by transference, governments are not trusted to keep their hands off the CCJ. And Courts themselves, at every level, must be manifestly free from political influence and be seen to be sturdy custodians of that freedom. In the end, the independence of West Indian judiciaries must rest on a broad culture of respect for the authority and independence of all constitutional office holders – for the Rule of Law.

We must not forget that the structure of the CCJ goes further than does that of any court in the region, and most courts in the Commonwealth, in securing independence from political influence, much less political control. It is at least as free of such local control as is the Judicial Committee of the Privy Council; and freer than any national or sub-regional Court. West Indian people who want such a Court that is beyond the reach of politics must understand – and must be helped to understand – that they have it in the CCJ.

The question, therefore, cannot be avoided: is a regional political leadership that conjures with rejecting the CCJ doing so because it is beyond political reach? I cannot believe that; but, in my own judgment, with the Privy Council no longer a realistic option, the CCJ is the most reliable custodian that West Indians could have of the Rule of Law in the region. Despite this, will we once more, with the gains of oneness in our grasp, forego being West Indian?

The foregoing is an extract from the Eleventh Sir Archibald Nedd Memorial Lecture delivered by Sir Shridath Ramphal in Grenada on 28 January 2011.

February 9, 2011

Is The West Indies West Indian? (Part 1)

Is The West Indies West Indian? (Part 3)

caribbeannewsnow

Bahamas Blog International

Caricom or Cari-gone?

By Sir Ronald Sanders


The New Year started with a great deal of frustration being publicly expressed over the Caribbean regional integration project which, this year, will have been in construction for forty-three years. Other integration efforts, such as the European Union (EU), which began after the Caribbean Community and Common market (CARICOM), have moved ahead much faster and much more effectively for the benefit of the people of their member countries.

It is understandable, therefore, that, in an editorial, one of the Caribbean oldest newspapers observed that a majority of people believe that “any official attempt to unite the region as envisaged in the CARICOM Single Market and Economy (CSME) is nothing but reverie and doomed to failure”. To be fair the editorial did not trumpet this observation with glee or satisfaction. It said that “as we enter the second decade of this century, we hold fast, nevertheless, to the idea of one region”.

So, on the one hand, this editorial, reflecting the views of many, still believes in the notion of a deeply integrated Caribbean – “one region”, but it expresses no faith that, after forty-three years, we will see a CSME anytime soon. The editorial identified four contemporary reasons for its lack of faith in any “official” attempt to unite the region.

These reasons were: an unfortunate statement last year by the Trinidad and Tobago Prime Minister that her government would no longer be “an ATM” machine for other countries of CARICOM; an injudicious remark by the same Prime Minister that, in the provision by her government of assistance to the islands of St Lucia and St Vincent and the Grenadines she would expect some benefit for the construction industry of Trinidad and Tobago; the more recent suggestion by Prime Minister Bruce Golding of Jamaica that his government favoured setting up its own national final Court of Appeal rather than acceding to the Caribbean Court of Justice (CCJ); and that CARICOM heads of government are yet to establish “any executive machinery to enforce” their own policy decisions.

All of these points are valid. There are many more besides. Among them are that instead of getting on with fashioning CARICOM into an effective vehicle to help with the improvement of their people’s lives and progressing development in their countries, some governments are busily trying to cultivate relations with other larger countries far beyond the region to try to get what they can while they can. The latter strategy is, of course, unsustainable. And, as has happened in the past, the governments now flirting, on their own, with bigger countries not on their doorstep will return to the regional fold which is not only their natural home, but also their best hope.

Fortunately, the statements by the Prime Minister of Trinidad and Tobago, while indicative of an attitude to CARICOM held by many in that country, were made in the early flush of government. In the past, other heads of government have made equally hurtful (and not fully informed) comments in other contexts. The truth is that Trinidad and Tobago is the principal beneficiary of trade in goods and services to CARICOM – benefits are not a one-way street. This is the message that the government in Port-of-Spain should be delivering to its people. Also, to those who say that Trinidad and Tobago does not need the CARICOM market, they should be challenged to identify the alternative markets, how quickly could they be developed if they could be developed at all, and at what cost.

With regard to the statement that Mr Golding has made about establishing Jamaica’s own national, final court of appeal instead of joining the CCJ for this purpose, it really is time that someone bells the cat on this as well. As I pointed out in my last commentary (“Time to make up your mind”), by April this year Jamaicans will head five extremely important CARICOM-wide institutions. These are positions for which the Jamaica government fought and other CARICOM countries agreed. What is the message that is being sent to the people of CARICOM by Jamaica? Is it that all is well when Jamaica holds the reins, but it isn’t well when other CARICOM nationals are involved? This cannot be so, and Mr Golding is far too intelligent a man and too well informed to hold such a position. The time has come for Jamaica’s leadership to cease pandering to the false notion of some special Jamaican capacity, and, instead, spread the true message that this region is one – and one to which Jamaica’s contribution has been highly regarded by its Caribbean brothers and sisters.

The quicker that the CARICOM Secretariat, as part of an overall reform of all its activities, is given the resources and empowered to mount a sustained, multi-media campaign throughout the region on how membership of the Caribbean Community has benefitted, and can continue to benefit, the people of each CARICOM country the better. And, every government should regard it as its responsibility and obligation to carry out its own domestic programme of education and information.

Of the four points made in the Editorial to which this commentary refers, the most crucial is its observation that “the decade closed without the establishment of any executive machinery to enforce the implementation of policy decisions by heads of government”. This is – and has been for decades – the fundamental problem with the lack of progress of CARICOM in establishing the CSME and even in carrying out a range of activities that are routine in organisations similar to CARICOM.

In his New Year’s address as Chairman of CARICOM until July 2011, the Prime Minister of Grenada, Tillman Thomas, said that “the cry for the ‘quickening of the pace’ was heard” and “active consideration of new governance structures” was given by CARICOM leaders. He offered that “one of the main ideas in taking the necessary steps will be tested in this coming year with the establishment of the Permanent Committee of CARICOM Ambassadors” which, he said, “heralds a new dawn for our Community”.

Mr Thomas is right to hold out hope, but it is difficult to see how another layer of national representatives will implement policy decisions of Heads, when ministers and the Secretariat were not able to do so.

The CARICOM vehicle needs an urgent overhaul, or it really will be a case of ‘CARICOM and gone’.

January 7, 2011

caribbeannewsnow

Bahamas Blog International

A look at CARICOM from outside the box

By A. Ludwig Ouenniche


It was with mixed feelings and a pinch of sadness that I learned about the stepping down of His Excellency Edwin Carrington from the helm of the Caribbean Community (CARICOM) as of December 31, 2010. The only consolation I got was that he will finally have the opportunity to spend some quality time with his family and loved ones.

For the Caribbean Community, it is rather sad news, and soon the region will realize the dangerous impact of the vacuum that a transition could create. I do hope that His Excellency will have the strength to continue advising and guiding with a much better listening ear.

As observers, from outside the box, such as in our case, the Dutch OCTs, quite often we are flabbergasted by the lack of regional coherence in implementing the multiple CARICOM initiatives during the last two decades.

I would like to share with you some of these initiatives:

The CSME:
As the fundamental base in the objective of CARICOM, we have been noticing an incredible preparation work being done for the CSME. Multiple meetings, workshops, reports, protocols and agreements, most of which were approved and signed, unfortunately, we did also notice that often they were hardly officialised and implemented by the member states.

This has resulted in an obvious lack of regional interaction, collaboration and economic partnership. This form of stagnation has led to a substantial slow down in the region preparedness to compete in this era of world economic globalization.

Regardless of the obvious similarities of the region and notwithstanding the outside influence and pressure diplomatically or financially advising the region to do so, no real effort was ever been individually done by the member states to officially recognize the urgent need for a true regional economic and social integration, this is noticeable not only between the 15 CARICOM member states, but also with the rest of the region, Dutch, British, French and independent.

As an example, the two historic initiatives of His Excellency to officially visit Curacao and Sint Maarten, has not been followed by any other visit by any official from the 15 member states.

The Regional Public Private Partnership:
Recognizing the private sector as a fully-fledged partner, CARICOM has been a fervent promoter of dialogue, interaction and collaboration, not only with individual consultants but with almost all organizations representing the private sector.

From those dialogues during the last decades, several initiatives, directly or indirectly linked to the private sector, were established, such as the CARIFORUM, the CARICOM Regional Organisation for Standards and Quality (CROSQ), the Caribbean Business Council (CBC), the Caribbean Court of Justice, PANCAP, the Caribbean Development Fund and many initiatives in Agriculture including CAPA.

So many well designed tools that, unfortunately, are still not optimally functioning as they are intended to be? Such important mechanisms, that I hope Sint Maarten can make use of some of them in the near future.

The Regional SME Development:
Through the years of struggle of the SME sector, it is obvious that it is still not being considered vital for the economy. To date the regional SME development has never been a priority, individually and regionally.

As far as history can show, the SME topic was never even debated in any of the multiple heads of states meetings. The latest effort made by CARICOM to establish a private sector/SME desk within the Secretariat has yet to receive the proper recognition and support by all the member states and ensure a real functioning Caribbean Association of SMEs, regardless of its geographic location.

The International Exposure, Recognition and Partnership:
The region has never had a real and effective exposure to the rest of the world like we have been experiencing the last few years. Indeed, under the creative initiative of His Excellency, the region has lately acquired serious attention from many “donor countries”, the most noticeable are from Europe, Canada, Central and Latin America and China.

In fact, to my recollection, it is the first time that the Caribbean was well represented in the historic Shanghai Expo.

Unfortunately, the real collective effort to maximize on these initiatives is lacking and in certain cases some have opted for a personal approach in the sole benefit of their individual economies, without any regional vision and/or collaboration.

These are my thoughts about some of these issues. I hope and pray that whatever changes to be made starting January 2011 will be made in respect of the work done so far and that the decision makers will have the wisdom to continue in the same path without any political and personal interference.

CARICOM is and should always be about continuity and the democratic system as having a rotating chairmanship every six months should favour this principal. What should be considered, though, is the instauration of a mechanism of organizational discipline, as in the case of the European Union where, when decisions that are collectively taken, must be individually implemented by all member states or face consequences.

This will certainly establish a much better competitive edge to the wider Caribbean and will definitely minimize the present syndrome of what I call the “Bermuda Triangle”: Trinidad, Barbados and Jamaica.

November 11, 2010

caribbeannewsnow

Bahamas Blog International

The Caribbean Court of Justice (CCJ) needs two justices, including a president

CCJ needs two justices, including a president
by Oscar Ramjeet


The Caribbean Court of Justice (CCJ) has been in operation for five-and-a-half years as a final appellate court, with only three countries on board, and already it is on the hunt for a new president and another judge, and one has already retired.

Guyanese Duke Pollard reached the age of 75 and went into retirement after being given a three-year extension.

President Michael De La Bastide, who celebrated his 73rd birthday on July 18 this year, will go into retirement mid-next year and the CCJ has already placed advertisements in the region’s media inviting applicants who have served as a judge for five years or more in a court of unlimited jurisdiction in civil and criminal matters in the region, the Commonwealth or in a civil law jurisdiction.

Applicants are also being encouraged from persons who have been engaged as a practitioner or teacher of law for not less than 15 years in a member state of the Caribbean Community (CARICOM) or in some part of the Commonwealth or in a civil law jurisdiction.

The CCJ notes that the tenure of the president is for a "non renewable term of seven years or until age 72, whichever is earlier.”

The lone female judge in the regional court, Desiree Bernard, will be 72, and if she does not get an extension, the CCJ will have to get a replacement and the question is if the Regional Judicial and Legal Services Commission will look for another female to fill the slot held by Justice Bernard who had several firsts -- the first solicitor to be appointed a judge, the first female to be appointed a judge in Guyana, first female to be an appellate court judge, also chief justice, and the first woman to be head of the judiciary in the Caribbean when she was named Chancellor of the Judiciary in Guyana more than a decade ago.

The regional court has the most modern technology in several areas -- for video conferencing, research, and even presentation in court -- and it is very unfortunate that after such a relatively long time only three countries have joined the court. It seems to me that the other countries have breached their agreement with the Caribbean Development Bank since they agreed to go on board within a reasonable time.

Although most of the countries have not abolished appeals to the Privy Council, so that the CCJ can be their final appellate court, the CCJ can still determine their issues in its original jurisdiction.

I am surprised and disappointed with Jamaica and Trinidad and Tobago because these two countries were in the forefront in the late 1980s and early 1990s towards the setting up of the court. I recall the attorneys general of these two countries, Oswald Harding of Jamaica, and Selwyn Richardson (now deceased) of Trinidad and Tobago, were moving around the region lobbying governments to join the CCJ, and it is unfortunate those two countries have not yet done so.

Trinidad and Tobago’s new prime minister, Kamla Persad Bissessar, said that she will seek a referendum from the electorate before doing so. This is a bit baffling because it was the UNC administration under Basdeo Panday which was pushing for the court -- hence the reason why the court is located in Port of Spain.

Former Commonwealth Secretary General, Sir Shridath Ramphal, who has been advocating Caribbean integration for five decades, said in an interview with me that, if the CCJ collapses, the CARICOM Single Market and Economy (CSME) will fail.

Ramphal joined with four other eminent CARICOM nationals, former Jamaica prime minister, PJ Patterson; former CARICOM secretary general, Alister McIntyre; Dominica's president, Nicholas Liverpool; and University of the West Indies Vice Chancellor Sir George Alleyne, all recipients of the Order of the Caribbean Community (OCC), the highest award in the region, in calling on the other regional governments to rid themselves of the Privy Council and join the appellate jurisdiction of the CCJ.

The latest call for the other regional governments to join the CCJ came this week from another distinguished Caribbean jurist, Patrick Robertson, president of the International Criminal Tribunal for the former Yugoslavia, who said that the regional governments should have abolished appeals to the Privy Council since the day they became independent states.

So far, only Guyana, Barbados, and Belize have abolished appeals to the Privy Council. Let’s hope that the others will soon come on board.

October 19, 2010

caribbeannewsnow

Bahamas Blog International

Kamla and the Caricom serpent, Brady fights back, OCG, red mud

BY FRANKLIN JOHNSTON





Caricom does not want Jamaicans to move freely in the islands.They don't want our homophobia, idle, lewd and violent conduct. We do not like it, why should they? The EU Directive on free movement to the UK landed in 2004 and by 2006 EU citizens were flocking to London. Trinis, Lucians, Bajans, etc, will move freely in Caricom - not us. As a group we are feared! Even the big US and UK can't cope with our offal, and to our chagrin they deport us daily! Caricom works well as friend, coordinator - CCJ, negotiations and "fluffy" things - not growth.

Caricom is becoming a beggar brand - lots of chat, jobs for old boys, no help for our economy or poverty. The core market is small, distant, and as we have half its people and debt we can sink it! Do the maths. We are a big market for them, they are a small market for us. Will the advocates say how CSME will help us? Can we entrust CSME with our economic future? No! We know little of CSME. Will chairman Bruce publish the accounts now? Caricom is not transparent - there's no freedom of information and CSME is flawed. What works in Europe may not work here. Caricom needs a "root and branch" review of all operations, structures, governance and the 1962 and 1973 premises which underpin it. We need to see figures before we cough up more money. We invested 38 years and billions. Where has the money gone?

What's with Minister Tufton and the JMA? Why lobby PM Kamla Persad-Bissessar to make Trinis pay 10 times what they now pay for energy so JMA can export there? What if Kamla asked Bruce to put up the water bill so she can sell us some? The iniquitous light bills we hate, we want Kamla to lay on Trinis! This would raise energy and all other prices for Trinis! A wicked, grudgeful, badminded and stupid act; she must raise prices for her people so we can make a profit! The real politics of poverty - we won't rise to the challenge, so we try to bring Trinis down to suffer with us - voila, we are equal! Is this unity? Friendship? No! We must stop whingeing. Get productivity up, costs down, or lobby Bruce to forgo the same revenue that Kamla forgoes to give her people a break. They see our true colours! Screw Trinis so we can get ahead - I weep for CSME! Scotland gets benefits from its North Sea gas. No UK or EU member protests. It's their gas. Scottish patriots even want to cut ties so they can get the full benefit for their people. Will T&T leave CSME? With friends like us they need no enemies! Tufton and the JMA must lobby the US and UK to raise energy prices for their citizens; tell China to pay workers a living wage so we can compete with them? "Duppy know who to frighten!" Kamla, as a UWI graduate, educator and lawyer, please "run dem bwoy" and let them know "Jancro chrisen 'im pickney firs'!" Selah!

The Maastricht treaty in 1992 took the EU to its present state. CSME will introduce EU-type controls by stealth, but it does not have the frisson of contiguous states, unity in war or wealth to make it work. EU law is superior to its members' laws via the issue of Regulations - binding and applicable with no variation; Directives - the local law must be changed in a given time and its Court of Justice - rulings are binding on individuals and countries. We had the CCJ, now the Council of Ambassadors; we are getting there.

Last week saw Directives to the UK that all EU citizens must have equal rights to housing, health care, employment and benefits in the UK as UK citizens. This will cost UK taxpayers a bomb and new Directives arrive every day. France is told not to deport Roma (gypsies) despite their disruptive behaviour! Can you imagine CSME ordering us not to deport Haitians or to give them free housing and other benefits? Or direct T&T to raise fuel prices to its citizens so Jamaicans can profit? Riot and revolution! CSME is taking supra national control by stealth and we must stop them. CSME is good politics but bad economics. The EU Directive on caged birds in the UK means farmers must buy new "enriched cages" by 2012 to give hens more space - a multi-million pound sterling investment. English eggs will cost more and they can do nothing. CSME must not be allowed to restrict, impair, pre-empt, limit, dictate or control any aspect of our economy. It is a power trip and a trough of foreign loans and grants. What is our share of Caricom debt? Will Governor Wynter tell us? More anon. My Caricom whistleblower is fearful. CSME's agenda is control, not growth. Does it have top business brains as Gordon Shirley's? No! We must vet the new secretary general; if a businessman, we have hope; an international or local civil servant and its politics! Our economic future still lies with our Greater Antilles neighbours whose markets are close and 10 times larger than Caricom's.

OCG: The "politics plot" to erode the OCG's credibility is being played out slowly but relentlessly. I admire the DPP, yet she gave comfort to the plotters by being triumphalist rather than demure and professional. Tufton and his PS know better. The wrongheaded media think it's a contest. Their duties are different. OCG proposes and the DPP decides if the three "horse-taring man dem" with big lawyers should be jailed! Can you tell your bank you made a "genuine mistake" when you get papers, discuss them and sign them under oath with a JP? Wow! Boys, put on your "dunce cap" and sit in the corner!

BRADY: The Brady letter says who met Bruce, when, where, the brief, the money part and who told whom to hide the role of government. Brady is a heavyweight and can win but he will settle and save their skins! At least we know the truth.

RED MUD. I hope ODPEM is in Hungary to help and learn from the spill of bauxite offal. This toxic soup destroyed villages, killed people, spread its poison and they are now detoxing all tributaries into the Danube. The CEO of Mal Zrt, the bauxite firm, was also arrested. What a "prekeh"! Are there lessons for us? Stay conscious!

Dr Franklin Johnston is an international project manager with Teape-Johnston Consultants currently on assignment in the UK. franklinjohnston@hotmail.com

October 15, 2010

jamaicaobserver

Bahamas Blog International

Sir Shridath Ramphal worries about CARICOM unity

by Oscar Ramjeet:



One of the Caribbean's most vocal regionalists is worried about the future of CARICOM and the integration movement and said that if the Caribbean Court of Justice (CCJ) collapses, CSME and the entire regional institution will fail.

I had a lengthy meeting with Sir Shridath Ramphal at his Barbados home, and he expressed grave concern about the pace of activities in the move towards Caribbean integration, for which he has been clamouring for five decades.

He said the Heads of Government and CARICOM have to "recapture the vision that led a generation of Caribbean leaders to the understanding that we have to have functional unity -- if we are to meet the challenges of the 21st century... We have seen to have lost our way in governance at the regional level in economic integration which is the heartbeat of CARICOM... We have lost our inspiration within the developing world when we were once the leaders of the ACP (African, Caribbean and Pacific nations) and perhaps worst of all Caribbean people are losing faith in the political leadership of the region."

The old problem of implementation is still with us and, without implementation, decisions are meaningless, Sir Shridath stressed and cited the CSME, which he said has still not gotten off the ground after so many years.

Touching on the Caribbean Court of Justice (CCJ), the former three-term Commonwealth Secretary General said the CCJ is the central pillar of regional integration under the Treaty of Chagaraumas. He pointed out that the CCJ is essential to the functioning of the CSME because the CSME is a legal regime. He added that we have come to the limit and asked what can be done without law at a regional level.

He has joined with four other recipients of the region's highest award, the Order of Caribbean Community (OCC), in calling on the various governments to remove the Privy Council and accept the CCJ as the final court.

I recall in 1977 when Sir Shridath spoke at the graduation exercise of the University of the West Indies at St Augustine, when he received his honorary doctorate from the UWI, he made an impassioned plea for regional integration and pointed out that the English-speaking Caribbean, which has a population of less than five million, has the most prime ministers, presidents, ambassadors and high commissioners on the planet -- although the population is so small.

The Guyanese-born diplomat is a regionalist at heart and was a keen player in bringing an end to Ian Smith's Unilateral Declaration of Independence and institutional racism in Southern Rhodesia. He also spent much of his last five years as Commonwealth Secretary General, until 1990, in the struggle to end apartheid in South Africa. He had the satisfaction of playing a part in Nelson Mandela's release from prison in February 1990, and Namibia's independence the following month.

Sir Shridath with Oscar Ramjeet at his home in Barbados

September 8, 2010

Caricom's 'buck-passing' culture

ANALYSIS
RICKEY SINGH




THE latest example of amusing buck-passing, or how to avoid taking political responsibility as leaders for advancing the goals of the Caribbean Community, emerged from a meeting in Grenada last Wednesday of five Caricom prime ministers and two foreign ministers.

Comprising a committee mandated to deal with the critical issue of improving governance of the affairs of the 37-year-old community, the participants were mindful to reflect customary caution in decisions taken for expected endorsement next month by the wider body of Heads of Government.

The committee's mandate flowed from last month's 31st Caricom summit in Montego Bay where the Heads of Government of the 15-member community had once again shied away from any consideration to introduce an empowered management structure that could have the effect of diluting, in some aspects, their domestic political authority.

This, even if such a course could result in satisfying, to some extent, their own often claimed commitment to achieving what's good for the regional economic integration movement as a whole, and knowing that it would require a sharing of some defined measures on sovereignty.

It is the reluctance to manage national sovereignty in the interest of the declared concept of 'One Community' that surfaced in Montego Bay last month.

The customary rhetoric about "commitment to Caricom" (read CSME; functional co-operation; integrated foreign and economic policies, etc), gave way to mild initiatives for tinkering with the community's prevailing governance status quo.

Consequently, the decision came from last Wednesday's meeting in Grenada on governance, plus another on a large nine-member "search committee" to help find a new secretary-general for Caricom with the retirement from year end of Edwin Carrington.

Two decisions

Participating in the meeting were the prime ministers of Jamaica (Bruce Golding, current Caricom chairman); Grenada (host Tilman Thomas); St Vincent and the Grenadines (Ralph Gonsalves); St Kitts and Nevis (Denzil Douglas) and Dominica's Roosevelt Skerrit. The two foreign ministers were Barbados' Maxine McLean, and Trinidad and Tobago's Surujrattan Rambachan.

First surprise was the disclosure that a nine-member "search committee", chaired by Foreign Minister McClean, would begin the process of pre-selecting candidates for the appointment of a successor to Carrington.

The committee's terms of reference, still to be formulated, will be determined by the Heads when they meet on the periphery of next month's start of the annual session of the UN General Assembly in New York.

The second surprising decision was even more baffling, in the sense that it offered neither anything new, in terms of a fundamental restructuring of the community Secretariat; nor any creative initiative for improved decision-making and implementation processes to check the snail's pace at which the CSME project continues to proceed.

The surprise came in the form of the announced decision to create a "Council of Community Ambassadors". It would operate on a permanent basis from the respective capitals to help remove barriers, at national levels, that frustrate implementation of regional decisions, and to strengthen co-operation.

If, after all the research materials and range of proposals over the years on alternative systems for improved governance of the community, Caricom leaders are to now offer a Council of Ambassadors as a standing mechanism for improving "governance", then they should not be surprised by an expected wave of cynicism and disenchantment across the region.

The Heads of Government may be scared of the politics of sharing a measure of sovereignty in the functioning of an empowered executive management structure, even though it is intended to function under their direct supervision and final authority.

How could it be explained -- if it is not a case of unintended contempt for the region's people -- the Heads' assumption of public acceptance of the proposed Council of Ambassadors as representing a creative effort for improved governance from the second decade of the 21st century?

Not flattering

For a start, the proposed Council of Ambassadors should not be confused with what obtains at the Organisation of American States (OAS), or in relation to the African Caribbean and Pacific (ACP) group. For a start, such councils function from a common location-- Washington (for the OAS) and Brussels (for the ACP).

For now, we are aware of examples of how senior cabinet ministers, and in a few cases at Heads level, have encountered difficulties in resolving sensitive bilateral matters and also failing to take advantage of the disputes settlement provisions located in the revised Treaty of Chaguaramas.

It would not be flattering for the Heads to hear criticisms of them "joking around" on the governance issue. But it is quite disappointing to note, in 2010, that ours remains a "Community of sovereign states" that has acquired a reputation for making bold, at times quite imaginative decisions, only to falter, too often, when it comes to implementation of unanimously approved decisions.

Examples abound, but a few should suffice, for now, such as failure to give legislative approval of the Charter of Civil Society -- one of the core recommendations of the West Indian Commission that was released as a document of the community since 1997.

(Incidentally, "good governance" is one of the Articles of the Charter that calls for establishment of a code governing the conduct of holders of public office and all those who exercise power that may affect the public interest).

Policies requiring implementation would also include the sharing of external representation; pursuing, with vision and vigour, a common policy on regional air transportation; the dismantling of barriers to free intra-regional movement of Caricom nationals (currently some states are making things worse for nationals).

The question, therefore, remains: Who among the Heads of Government of the estimated dozen countries fully participating in the policies and programmes of Caricom is now ready to call a halt to the community's governance system?

While they try to market the idea of a Council of Community Ambassadors that, in the final analysis, would be accountable to them, why this widening of a bureaucratic management system? Is it really a plausible approach for changing the prevailing buck-passing culture that has been virtually institutionalised by a model of governance our Heads of Government — past and present — seem so loath to change?

August 22, 2010

jamaicaobserver

Bahamas Blog International

Caricom's management change overdue

Analysis
Rickey Singh



ARRANGEMENTS have been finalised for a special meeting in Grenada of seven Caribbean Community Heads of Government to discuss the critical matter of "governance" on Tuesday, August 17.

But the big question remains: how seriously committed are the leaders of our 37-year-old economic integration movement to grappling with the elusive but very vital issue of governance?

They have been doing the ritual political merry-go-round on this governance challenge ever since the 1992 Time for Action report was issued by The West Indian Commission.

A new governance system, relevant to the challenges of our time, has been on and off the Caricom leaders' work agenda for at least 14 years, dating back to the West Indian Commission's 1992 report, followed by a series of other reports from technocrats and, lastly, that of 2006 from a Technical Working Group (TWG) on "matured regional governance".

A litany of deferred decisions on governance has been the norm. Then it came as a surprise when this prickly topic surfaced again at last month's 31st regular annual Caricom Heads of Government Conference in Montego Bay.

It occurred against the backdrop of spreading discontent and cynicism over the evident lack of progress in completion of the single market arrangements — not to mention the related major project of inauguration of the much-touted common regional economic space.

In the process, two significant developments occurred behind closed doors in Montego Bay.

Conceding that there can no longer be a business-as-usual approach in the face of declining faith in effective governance of the community's wide-ranging policies and programmes, there was a caucus session that focused both on Edwin Carrington's future with Caricom as well as the way forward for the community in all major areas of operation.

By the time the July 4-7 Montego Bay summit concluded, we were learning that consensus had emerged to treat with urgency the business of governance of the community, and particularly in relation to its flagship CSME project.

It was agreed that a special meeting of the Caricom Bureau, plus some other leaders of the 15-member community, would take place in Grenada and that they would be assisted by members of the TWG on "matured regional governance" that was chaired by Dr Vaughn Lewis.

Sitting on hands

It is of relevance to note here that Caricom leaders have been sitting on their hands on the TWG's recommendations for more than three years. The centrepiece of recommendations submitted was the creation of a high-level commission, or similar mechanism, with executive authority and functioning under the direct supervision of Heads of Government.

This specific recommendation was to serve as a reminder of the idea that had originated with the 1992 West Indian Commission, under Sir Shridath Ramphal's chairmanship. The commission had proposed an empowered three-member Caricom Commission to help deal with the challenges of effective governance.

The intention now is for the outcome of this Tuesday's meeting in St George's to be forwarded for decision at a special meeting of Caricom Heads late next month in Jamaica, whose prime minister is the current chairman of the community.

However, while the committee of Caricom leaders was preparing for the meeting in St George's, there came the breaking news from Secretary General Carrington that he had informed Heads of Government of his decision to retire from his post, effective December 31, 2010.

Consequently, a core feature of next week's meeting in Grenada will be the focus on finding a new secretary general to be on board from January 1, 2011.

Prime Minister Golding has been quick to deny suggestions that Carrington may have been "pushed" into advancing his retirement — almost two years before the conclusion of his current fourth term contract.

On the other hand, by his own statement of August 4, Carrington had declared: "The last 18 years have been the pinnacle of my public service career. I have, despite the odds, done all I could to help create a viable and secure community for all..."

Strong voice

Whatever his detractors may now say, Carrington, as head of the Secretariat in Georgetown, has been — warts and all — a strong, regular public voice, via the region's media, in support and defence of Caricom.

There has undoubtedly been progress over the years to applaud, particularly in areas of functional co-operaton, trade and external relations. But there is also blame to be shared between the Secretariat's management and the political directorate of Caricom, in terms of implementation of approved major policies and programmes. Think, for example, the mounting frustration to realise the full CSME.

Carrington was perhaps the equivalent of a chief executive officer functioning in co-operation with the Heads of Government as the regional political directorate with ultimate responsibility.

Now that the community leaders appear willing to take new initiatives in the direction of a management structure relevant to effective "governance for the 21st century", it is to be hoped that the recommendations to emerge from Tuesday's meeting in St George's will prove helpful for hard decisions at the special meeting of Heads planned for late next month in Jamaica.

In accordance with the sentiment of the West Indian Commission's seminal report, it is most certainly "time for action" by Caricom to achieve a quality of governance to make a reality policies and programmes seriously hampered by lack of implementation processes -- whatever the contributing factors.

The CSME project, too long in the making (following the historic Grand Anse Declaration of 1989), as well as the comparatively recent Economic Partnership Agreement with Europe (June 2009i), are outstanding examples of the need for an envisaged new architecture of governance to ensure systematic and timely implementation of decisions.


August 15, 2010


jamaicaobserver

Bahamas Blog International

Caricom's 'Governance' Dilemma

By Rickey Singh




THE 31st annual Heads of Government Conference of the Caribbean Community (Caricom) concluded in Montego Bay, Jamaica, on Wednesday, July 7 with little hope of any progress being made by the 37-year-old regional economic integration movement in the immediate future.

Hopes raised midway the four-day event for a new approach to ensure realistic and appropriate management of today's challenges, caused by the global economic and political crises, were dashed when the leaders backed off at the close of the conference.

Not surprisingly, they have scheduled another "special meeting", for September this year, to consider likely alternative governance models for better management.

In its normally lively 'discussion forum', the BBC Caribbean Service has been encouraging responses to the provocative question: "Does Caricom have a future?"

This discussion took place while the Community's Heads of Government were still wrestling with the cynicism and disenchantment their inactions have spawned over repeated failures to implement decisions, unanimously taken, for progress towards the Caricom Single Market and Economy (CSME).

While the official communiqué was not available to the region's media at the time of writing (Thursday, July 8), the comments that flowed at an end-of-summit press conference on Wednesday made it sufficiently clear that the elusive governance issue had once again proved a barrier the leaders were still unprepared to scale.

Diminishing credibility

It is a failure that could only deepen concerns over Caricom leaders' credibility and commitment to make the Community's flagship project -- a single economic space in a region that constitutes a microcosm of the world's peoples, cultures and varying levels of social and economic development -- a reality either in this decade or the next.

Often viewed by Latin American, African and Asian blocs as a cohesive and productive experiment in regional economic integration, Caricom has done reasonably well in terms of functional cooperation and foreign policy coordination.

However, when it comes down to implementation of decisions on major issues involving critical segments of its treaty-based arrangements for inauguration of a single market and economy, therein lies the rub.

Their failures, which are rooted in a lack of collective political will to overcome parochialism and a narrow sense of nationalism in favour of a shared vision of "one people, one market, one Caribbean", continue to afflict Caricom. Consequently, a sense of alienation and defeatism, if not the "despair" alluded to in the BBC Caribbean discussion forum on "Caricom's future", has spread.

The announcement by Prime Minister Bruce Golding, in his capacity as Caricom's new chairman, that a committee of prime ministers has been identified to make proposals for the forthcoming "special meeting" of heads in September to address alternative forms of governance cannot be considered as anything of significance.

The Community has gone that way before with "Prime Ministerial Working Groups" and high-level committees of regional technocrats. The upcoming September meeting seems destined to do what Trinidadians call "spinning top in mud".

Amid the expanding "word game" on Caricom's future governance, more and more Heads of Government are pushing for more action and less talk. They are simply reprimanding themselves, but given the current circumstance, it is an appropriate rebuke.

Ironically, in rushing to announce a prime ministerial committee to consider a new 'governance' architecture, leaders present in Montego Bay seem to have forgotten to include the prime minister of Belize, Dean Barrow, who holds lead responsibility on governance and justice in Caricom's quasi-cabinet system. Or did he decline to serve?

July 11, 2010


jamaicaobserver

Bahamas Blog International

Don’t abandon Caricom, fix it

jamaicaobserver editorial:



THE one thing everyone in the Caribbean agrees on is that the regional grouping, the Caribbean Community (Caricom), has been an abject failure.

The process of regional integration has stalled in most respects, notably the Caribbean Single Market and Economy (CSME) and is in reverse on many other areas such as freedom of movement of Caricom citizens. The inability to accomplish freedom of movement is a classic illustration of the failure of the grouping.

Ironically, during the colonial period people were free to move from one colony to another. But immediately after the attainment of political independence, governments began instituting a system of work permits.

While welcoming tourists with only a driver's licence, immigration officials subject passport holders from other Caricom states to hostile interrogation. In the Bahamas and Barbados, citizens of Jamaica, Guyana and Haiti are treated as personas non grata.

The state of Caricom is the equivalent of a bankrupt company that has been losing money for well over a decade. But since there are still obvious benefits to be realised from regional integration and cooperation, abandoning Caricom is the option of the faint-hearted. The only viable course of action is fixing it.

A diagnosis of the cause of the malaise reveals myriad problems, some natural and some anthropogenic. The natural barriers, such as the lack of a contiguous land mass and the separation by hundreds of miles of sea can be rendered manageable by better logistics and modern communications. The several centrifugal tensions such as the lack of a genuine sense of community and petty nationalism can be mollified by leadership.

The crisis of Caricom is a crisis of leadership, the essence of which is a lack of vision and an incapacity for mobilisation of the people of the region in support of lucidly articulated strategy. This crisis of leadership exists at two levels: the political and the managerial.

The political leadership is comparable to the board of directors which sets goals and approve broad policy on the advice of management. The current heads of government are not without ability, but they lack unity without the keen intellect of Mr Owen Arthur and the calm statesmanship of Mr P J Patterson.

In addition, they have avoided addressing the unpleasant issue of not holding management responsible for its failure to implement their instructions.

The real problem of Caricom is the comprehensive failure of the management, specifically the leadership of the Secretariat. The performance of the Caricom Secretariat over the last 10 to 15 years has happened on the watch of the current secretary-general and whether it is his fault or not, the record points to the need for a change of leadership. This is what would be done in any bankrupt company or non-performing organisation.

The heads of government abhor the unpleasantness of changing a manager but, in any event, we would prefer to see the manager opting to resign. There is nothing dishonourable in resigning, especially if one has served well beyond normal retirement age. Caricom, we believe, is an indispensable cause but no one is indispensable to that cause.

This newspaper salutes the selfless work of the current secretary-general, however, his resignation now at the heads of government meeting in Montego Bay, would dramatise the need for a fresh start, without which Caricom will drift aimlessly on to certain death.

July 06, 2010

jamaicaobserver editorial

Bahamas Blog International

Greek tragedy, Caricom, economic lessons for Jamaica

By Franklin Johnston



It is time for a mature discussion on Caricom and Jamaica and the EU/Greece crisis can guide us. Caricom is Jamaica's most costly overseas project. What do you know about it? Federation morphed into CARIFTA, now Caricom/CSME. I am "Carisceptic", as it hasn't delivered economic growth and I don't think it can. Jamaica is a global brand. Caricom is not, and for growth we must help our own first!

T&T is right to favour its industry and not give away its LNG. If we give away our bauxite, so be it. We need to chart our own growth path as they do. The Cabinet, PSOJ, UWI, Opposition must come clean. If Caricom is a device to draw down EU and other benefits, fine, but we need more to grow. Caricom has no traction here; most don't know it, the new HQ in Guyana does not affect us and as we are all "British" it is culture neutral.

Caricom is secretive. Where are its accounts? We work, sell and go on vacation north, so an oil spill off Louisiana concerns us, not in the Eastern Caribbean (EC). Caricom is of the cognoscenti; an elite club, those who make up the glitterati at its cocktail parties and banquets; workers have no part in it.

We need an independent inquiry. What can Caricom do for our economy? It went from common market to "single economy". What does this mean? Cabinet must publish full Caricom accounts, staff, expenditure, source of funds, etc. It cost us "a bag" since 1968 - for what? Now, with the shift from regionalisation to globalisation and WTO, is it relevant to our economic growth? No more speculation, we need answers!

What does Greece/EU teach us about Jamaica/CSME? We love Britain and our ex-slave, ex-colonial English-speaking brethren, but Caricom cannot just idolise "Britishness". The EC is not a destination of choice for us and the hostility at Air Jamaica's sale to T&T speaks volumes! Love at long distance is doomed as we are intimate with those close by! Notice, even our men go to Cuba, not the EC, to find wives and mistresses? Very French!

Caricom is our intergenerational project, but it does not work for us. The reason?

The preconditions to economic union are not met in our case. Consider the following:

*The EC is far from us and thousands of sea miles form a barrier to trade, travel, intimacy as they did for the Caribs and Columbus. English heritage is our only link with the EC.

*The union of several small, poor, distant island states with no major natural resource or intellectual property base cannot benefit our economy. CSME is politics, not economics!

*Our large population relative to the size of Caricom (ours is equal to the combined islands), our chronic poverty and failure to be sustainable in our heyday of bauxite and export preferences give our partners no confidence, and though rich, they are too small to support us. Let's now compare some common EU and CSME goals:

*Free movement for work, play and study. This works for Greece but not for us. Greeks can travel in the EU cheaply by air, car or on foot. Only UWI, government officials and the rich can travel in Caricom. Workers from poor members go to rich EU states to find jobs. Our workers are not allowed into the EC to seek employment.

*Common currency. If CSME had a common "cari" our debt would hurt all members. The euro is inflexible, so Greece can't devalue to help itself as it would hurt the eurozone. But the EU has mobilised US$1 trillion to help it. What does Caricom do to help us? Nada! One euro buys little in the north, but a lot in the south, so UK citizens live or work in Greece for the good weather and cheap living. Life is cheaper in the EC but we are not allowed to live there. Britain is not in the euro, but gives billions of pounds to save it as Greece's demand keeps UK factories open. Does T&T, our "trade gorgon", do this for us? No siree!

*Free trade. Caricom trade just makes us owe the EC more. Greece gets subsidy for farms and industry from the EU. In our distress do we get Caricom subsidy? No!

*Integration, fiscal, monetary discipline. The EU rides its members hard. They have to be prudent and balance their budgets. In the EU crackdown on Greece, they require cuts in spending, wages; higher taxes and oversight - it's done; budgets may soon be sent to the EU for approval and banks to pay a levy to fund bailouts. Germans cuss Greece as "lazy freeloaders" and Greeks cuss the EU and Germany as "Nazi", but Greece submits as the subsidies are good! Would we send our budget to Guyana for approval? No way!

The non-economic benefits of Caricom are modest and not unique. Check this:

*Our knowledge-based goals as CCJ can be had without union, some from "English" Canada, or India. We can get weather, legal services etc, based on treaty or payment.

*We all need new friends. EU masons, waiters, etc, work in Greece, the UK, and make friends - this is not so in Caricom. Only our officials and the rich have friends in Caricom!

*Our neighbours offer richer cultures than Anglocentric Caricom. Why not embrace all - French, British and Spanish? Let's unite with our close neighbours and enjoy their opera and ballet, then save up for that costly once-in-a-lifetime trip to T&T carnival!

*We share an ocean, geology, tectonic, climatic, security and air space with Haiti, DR, Puerto Rico, Cuba and our growth, environment and security future is with them. Will Caricom protect us from thousands of miles away? UWI has the EC and UTech must build joint campuses in Cuba, Haiti, DR; exchange students; train multilingual technologists, professionals, managers for job opportunities in the global economy.

We have Usain, Asafa and Bob but the EC states have Kim, Viv, Ato, Rihanna, Armatrading, some Nobel laureates and surpluses - Caricom works for them. Only growth and jobs can save us, so we need to do things differently. Do we focus on a distant market of 3m in Caricom or the 30m market of our close neighbours? A "no-brainer!" Stay conscious!

Alert: To raise standards, top UK universities may no longer admit students who resit A-levels and qualifying exams. One-one coco won't do, so if you got the subjects, but not at the first sitting, then apply to a second-rate university. UWI and UTech, please note!

Dr Franklin Johnston is an international project manager with Teape-Johnston Consultants, currently on assignment in the UK

franklinjohnston@hotmail.com

June 04, 2010

jamaicaobserver

Bahamas Blog International

Caribbean Consumer law: Developing a legal and regulatory framework

By Abiola Inniss LLB, LLM, ACIArb:


It is that noteworthy that among its undertakings for its mandate on the Caricom Single Market and Economy (CSME), the Caricom Secretariat undertook the hosting of a seminar on Competition Policy and Law in Georgetown, Guyana on May 3, 2010. The programme outlined topics such as “Caricom Competition Policy in a challenging economic environment”, and “Competition Policy in Caricom”, though if the truth be told, it carried the semblance of a man’s bikini; significant for what it suggested, concealing of that which was crucial.

Consumer law and competition policy and law are almost inextricably intertwined at times and so are affected one by the other, it therefore means that any cumulative legal framework must be reflective of this relationship. It seemed that while the importance of this relationship was recognized, the creation of a regulatory framework complete with law harmonization and dispute resolution mechanisms (alternative and normative legal systems, such as arbitral tribunals and courts of law) still remains a distant idea which would be “looked into”;instead there was the espousal of a consistent piecemeal approach which considered the individual state mechanisms and the equipping of those systems in the hope that an eventual equality would result across the region.

It is an unhappy occurrence that the intellectual prescience in the Caribbean community has not come to bear on the necessity to establish a common regulatory framework which will dispense the resolution of disputes in an efficient, cost effective manner. Any mention of the establishment of a regional arbitral tribunal is customarily met with the “that costs money” and “we can’t afford it” responses in an answering machine mode. It is even more disturbing that the legal intellectuals have not seemed to examine the subject from the point of establishing a multi-purpose tribunal which will be constituted of the talents of a variety of specialists in the areas of law which are of especial importance at this stage of the development of the Single Market and Economy.

The laws of International Trade, Intellectual Property, Private International Law, Competition Law and Consumer Law fit this prescribed construction perfectly. The fact remains that whatever excuses Caricom officials may give there is a dire need for a legal and regulatory framework which will allow the resolution of disputes in whatever form it may assume, be it in courts of law or by the preferred time and cost effective method of arbitration.

The Caribbean may look to the European Union for guidance on the resolution of disputes which arise from and various jurisdictions and provide the added challenge of the mixing of civil and common law systems. The Caribbean community as it is now constituted comprises countries which have Civil law systems, as in the case of Haiti and Suriname and in the case of Guyana, the land law system, which is Roman Dutch in constitution, is common in large part to that which obtains in South Africa.

The other Caricom countries have fewer anomalies in their legal systems, since for most part the common law systems inherited from the British became the dominant legal systems. The legal system of St Lucia is a hybrid of French Civil law and English Common law which is unique and outstanding and carries its own challenges (see Belle-Antoine, Commonwealth Caribbean Law and legal systems, Cavendish 2009).

The example of the European Union shows the Court of First Instance attached to the European Court of Justice and a tribunal for the Civil service of the entire European Union. The idea for the Caribbean is that there should be a tribunal which will deal with consumer affairs in the Caribbean and which may also incorporate issues arising from the Law of competition, the Law of Trade and general Business Law.

Multidisciplinary tribunals have worked in other areas of the world and therefore if adapted to requirements of the Caribbean should prove to be quite successful. The Competition Appeal Tribunal (CAT) of the United Kingdom is a specialist judicial body with cross disciplinary expertise in economics, law, business, and accountancy. It is empowered under United Kingdom law to hear and decide appeals, claims and other applications involving competition or economic regulatory issues. This tribunal came into being on April 1 2003.

It is safe to say that should the Caribbean planners spend a little more time constructively engaging the more advanced, modern thinking in these areas, and less time on talk shops which have to little to offer apart from the usual excuses of too little resources and a penchant for perpetually “looking into” matters, there will be substantial development in key areas of law and development. There is little point in the establishment of a Single market and economy which has little to offer in its legal and regulatory framework of the key issues of International trade law and development law and regulation, consumer and competition law and policy.

Multinational corporations and investors need to be assured that their disputes will be handled by competent, expert, fair Jurists in an efficient and effective manner. The Caribbean stands to gain much in terms of the development of a common jurisprudence, the development of expertise and substantial revenue generated by such a forum. The Law courts of England are a renowned choice of jurisdiction for international claims and can stand testimony to the verity of all the above mentioned benefits. Where there is a lack of expertise in the region, it may be sourced elsewhere through various projects. There is less and less excuse for the lagging efforts in the regulation of our legal systems. It is time to strip away the bikini and face the facts.

June 3, 2010

caribbeannetnews

Bahamas Blog International

CARICOM offical defends integration movement

GEORGETOWN, Guyana -- Dr Edward Greene, CARICOM Assistant Secretary-General, Human and Social Development staunchly defended the Caribbean regional integration movement at a recent UNESCO Conference on Higher Education, at which he was the keynote speaker.

Speaking on the topic Regional Integration and Development: the relevance of Functional Cooperation, Dr Greene dispelled speculations that the regional integration movement would erode the ‘sovereignty’ of member states. Noting that there was more to the integration movement than the CSME which was the popular yardstick seemingly used to measure progress, Dr Greene highlighted major achievements spawned by the integration movement since its inception.

The Assistant Secretary-General gave examples of the more recent establishment of the Regional Development Fund in Barbados, the replacement of the Caribbean Regional Negotiating Machinery (CRNM) with the Office of Trade Negotiations now under the aegis of the CARICOM Secretariat and the establishment of the CARICOM Competition Commission headquartered in Suriname as successful building blocks in sustaining the integration process. He noted further, their importance in “sustaining a level playing field, coordinating trade negotiations and guaranteeing the application of common standards in trade production within the Community.”

Moreover, Dr Greene said, much economic, political and social development had been achieved which should definitely be attributed to the regional integration movement.

However, Dr Greene was not un-mindful of the challenges plaguing regional integration and the CSME asserted that the major roadblocks were due to national resistance, changes in governments and delays in the facilitation of the necessary national regulations or legislation to bring policies and programmes into effect.

He lamented that attempts to deepen the integration process were usually hindered by what he described as “the sustained pre-occupation with the notion that CARICOM comprises sovereign states which would be eroded by the application of shared sovereignty.”

This he said couldn’t be further from the truth and pointed to functional cooperation as the critical lever of the regional integration movement that he argued advanced rather than stymied the sovereignty of member states.

According to the Assistant Secretary-General, ‘sovereign states’ had benefited from functional cooperation in the areas of foreign policy and diplomacy, and therefore could “identify the value of acting collectively in negotiating theatres, internationally.” These benefits he said “were all indicative of forms of integration that had helped in no small way to sustain the cohesiveness and viability of the community in the hemispheric and global systems.”

“The principles of Functional Cooperation,” Dr Greene concluded “if properly applied allows sovereign states to advance specific programmes in a series of South-South arrangements that contribute significantly to economic development.”

April 21, 2010

caribbeannetnews

Bahamas Blog International

The 'Free Movement' Quiz For Caricom

Carrington sparks questions on labour mobility and help for Haiti
RICKEY SINGH


CARICOM Secretary General Edwin Carrington last week chose to raise hopes - amid prevailing disappointments - for progress in the "free movement of Caricom nationals" of the dozen countries participating in the Caribbean Single Market and Economy (CSME) project.

The optimism expressed by the secretary general has, however, to be considered in the context of caveats that serve to underscore the recognised need for more focused, collective efforts by governments to make stated commitment on planned migration and labour mobility a reality.

Carrington, Caricom's longest chief public servant - he is now in his 18th year as secretary general - was addressing last week's three-day meeting in Guyana of the 19th Council of Human and Social Development (COSHOD), held in conjunction with the Seventh Ministerial Meeting of the International Labour Organisation (ILO).

At the meeting, which was concluded on Friday with Caricom's labour ministers in attendance, Carrington also thought it necessary to remind the Community's governments that "it is not enough for us to just be sorry" for earthquake-devastated Haiti, but to come forward with specific, "concrete pledges" to alleviate the burden of the Haitian people.

Let me address first the secretary general's assessment of what remains one of the more sensitive issues in Caricom's journey towards the laudable goal of establishing a seamless regional economy with the CSME.

While the public awaits the decisions reached at the COSHOD meeting, Carrington has stated that "free movement of labour and intra-regional migration" are "challenging" issues for deliberation.

'Movement' certificates


In recognising the anxieties of wage earners who remain excluded from the 10 approved categories for free movement within the CSME framework, Carrington pointed to the gains made which have resulted in the release of more than 6,000 Caricom skills certificates between 2006 and 2008.

A further increase is expected for 2010 because, he said, of the "expansion in the categories of wage earners who could now move across the region for economic activity".

But Secretary General Carrington would know that for all the expressed good intentions, data on the annual processing of skills certificates, as well as a number of applications yet to be addressed, are not readily forthcoming.

Additionally, frustration continues to be the name of the game in the absence of common legislation guaranteeing contingent rights for holders of approved skills certificates and members of their immediate family to access education, health and housing facilities.

Ironically, one of the governments among those failing to expedite the processes for free movement of labour and intra-regional migration is that of Dominica whose prime minister (Roosevelt Skerrit) has lead responsibility among Caricom leaders for "labour including movement of skills".

A yet unpublished 'country report' in support of full integration of Belize and the Organisation of Eastern Caribbean States (OECS) has, for instance, observed that while the government in Roseau was strongly in favour of the regional regime for labour mobility, "it needs to put in place the arrangements to facilitate accreditation and full mobility..."

Do not expect a listing of other defaulting governments from either the CSME unit dealing with this matter or the Community Secretariat itself.

But pertinent questions could be: How many of the 12 governments involved in CSME planning are at least 50 per cent ready with necessary arrangements for free movement of labour and intra-regional migration?

The reality is that while the expressed optimism by the secretary general can be appreciated, doubts and cynicism can only diminish, if not disappear, with EVIDENCE of relevant COLLECTIVE action.

Encouraging reminders


Yet, it is at least encouraging to have the Community's secretary general offering appropriate reminders on essential work agendas as he did this past week in relation to free movement of nationals within the CSME.

Also of relevance is Carrington's observation that "it is not enough for us (Caricom) to just be 'sorry' for Haiti (echoing a long-expressed sentiment of the calypsonian David Rudder).

But to tell it like it is may require raising questions about why - in the face of the destruction of Haiti by the earthquake of last January 12 - Caricom governments are yet to come forward with at least a draft plan on how to offer temporary immigrant status for a specified number of displaced Haitians.

With minor exceptions, what we seem to be facing at present is the typical scenario - prior to the earthquake disaster - of Haitians turning up illegally in a few Caricom states - Jamaica and The Bahamas in particular.

Perhaps former prime minister of Jamaica PJ Patterson, our 'Special Advocate for Haiti', should, in collaboration with the Community Secretariat, provide updates on the "concrete pledges of support" being received by the 'Special Support Unit for Haiti' established by Caricom and operating out of Jamaica.

April 18, 2010

jamaicaobserver

Bahamas Blog International

'CSME not answer for region'

Denyse Renne drenne@trinidadexpress.com:





Former Barbadian prime minister Owen Arthur says the rise of trade liberalisation and globalisation was making a massive impact in the world, and less developed countries within the Caribbean are forced to face more challenges.

Arthur was one of many speakers who addressed the final session of the inaugural symposium on ’Current Developments in Caribbean Community Law’ at the Hyatt Regency hotel, Port of Spain, on Wednesday.

Arthur said the cost of restructuring an economy as a result of the information age can have its challenges, especially in terms of security.

Stating no Caribbean country is in a position to look at Caricom or the Caribbean Single Market Economy (CSME) for immediate solutions for several matters, Arthur said the CSME does not offer governments ample opportunities to deal with fiscal issues.

He advised that issues such as the Caribbean Single Economy should be forgotten for the time being, and the issue of sovereignty should be dealt with through a single market, and emphasis should be placed on getting rid of restrictions.

’The CSME has always been conceived with the intention of a well-integrated system for global economy. We must go forward in the Caribbean. We must see the CSME for what it is, it will not yield over solutions. There must be political commitments to allow it to yield the course,’ Arthur said.

Noting the power of advocacy can bring about change in the Caribbean, Arthur said the concept of the CSME needs reviewing and, also, countries need to ask themselves where they stand. ’Are we seen as Caribbean people or are we seen as individuals?’

St Lucian Opposition Leader Dr Kenny Anthony also addressed the function, saying the collapse of Clico and the revamping of British American Insurance Company saw governments scrambling and relying on other resources.

’I think we are in very dangerous times. There is an economic crisis facing nations...,’ he said

He said there needs to be clarity among countries and their purposes known, as well as a display of political courage and as far as he is concerned, ’I am yet to see any evidence of this.’

Declaring that the leadership of the region needs to resolve issues of movement of nationals across countries, Anthony said the fear of Haiti becoming involved in Caricom integration is a sore point for countries since there is the fear of the Haitian invasion of nationals.


November 13th 2009

trinidadexpress

Bahamas Blog Bahamas

Free movement issue tops CSME meeting

GEORGETOWN—The free movement of labour and goods, reduction of the food import bill, and strategies to ensure the general public’s effective participation in the Caricom Single Market and Economy (CSME) were among the key issues raised at an open forum of the Convocation on the CSME held in Bridgetown, Barbados. The forum on Saturday afternoon brought the curtain down on the two-day convocation at the Lloyd Erskine Sandiford Conference Centre, which was held to receive a report of an audit of the status of implementation of the CSME.

The audit was mandated by the Caricom heads of government, four of whom were at the convocation—David Thompson, Prime Minister of Barbados and Lead Head of Government with responsibility for the CSME; Baldwin Spencer, Prime Minister of Antigua and Barbuda; and Ralph Gonsalves, Prime Minister of St Vincent and the Grenadines, and Patrick Manning, Prime Minister of T&T. The forum, which lasted for more than two hours, benefitted from robust interaction among the heads of government, ministers, regional institutions and organisations, representatives of civil society, the labour union, the private sector and the media. In particular, the free movement of labour and the attendant consequences for member states emerged arguably as one of the more pressing issues at the convocation.

CSME, a thorny issue:

Characterised from the floor alternatively as the “feel of the CSME” and a “thorny issue,” the free movement of labour element of the Community’s flagship programme elicited several recommendations. They ranged from the establishment of a labour market information system and a social welfare stabilisation programme to the full exploration of lifestyle and demographic changes that would be wrought by the free movement of people. The labour movement, which was well represented at the convocation, reiterated its support and commitment to the CSME and recommended the establishment of a regional labour market information system so that the Community could be adequately informed about employment opportunities and other pertinent data from which residents could make informed decisions. The time ripe for such a regional facility, the trade unions argued.

Dialogue and discussion between governments and labour were also critical to progress within the CSME, the trade unions stressed, and suggested that regional tripartite consultation committee forum be set up aimed at promoting and monitoring regulatory labour market developments at the regional level, suggesting areas for improvement and advising on strengthening social capital. The business community expressed concern about the likely change in the demographics of member states, particularly those in the Eastern Caribbean that may occur from the free movement of people in the region. The region must be able to address those facts head-on and until such time as the benefits associated with the CSME are firmly ventilated and understood, there will always be objections, Robert LeHunte, the Caribbean Association of Indigenous Bankers representative, said.

“Life as they know it with those changes will not be the same and people must be aware of that,” he said.

He was also of the view it was important for the community to understand the benefits of political union. “We are missing some of those issues…; the politics of fear can take us that far, but the politics of inclusion is also important,” he said, while underscoring the goals and ideals of the CSME would not be achieved unless there was a mechanism for corporate governance that was not possible without political union.

14 Oct 2009

guardian.co.tt

Bahamas Blog Bahamas