Michelle Brown, ContributorON DECEMBER 30, 2005, Prime Minister Patterson signed a protocol signifying Jamaica's agreement to enter into the CARICOM Single Market and Economy (CSME) on January 1, 2006. Jamaica joined five other Caribbean countries (Suriname, Trinidad and Tobago, Barbados, Guyana and Belize) that had already done so.
The CSME was established by the Revised Treaty of Chaguaramas, (the Revised Treaty), signed in 2001 by 14 countries: Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago.
Of this number, 12 have ratified the Revised Treaty thereby setting the stage for the implementation of the CSME. The Bahamas will not join the CSME, and Montserrat, a British colony, still awaits entrustments from the United Kingdom allowing it to do so.
PHASES OF IMPLEMENTATION
The first phase of the establishment of the CSME is the creation of the CARICOM Single Market (CSM), which aims to create one economic space between member states by removing legislative and administrative restrictions on the movement of:
Goods and services
Capital
Skilled labour
Economic enterprises.
The target date for implementation of this phase was December 2005. However, although the six signatories have made significant changes to their legislation, none has completed either the legislative or the administrative requirements of the CSM.
The second phase, the CARICOM Single Economy, is slated to come on stream in December 2008. The Single Economy will feature the co-ordination of:
· fiscal (tax) policies,
· monetary policies, including a single CARICOM currency;
· external trade policy;
· sectoral policies in areas such as agriculture, manufacturing and fisheries; and
· legislation (including customs, companies, taxation laws).
There are growing concerns within the Community as to whether the December 2008 deadline for the implementation of the Single Economy will be met. The concerns raised include the disparity of development of Member States; the obstacles to creating the monetary union; and the recurring and deeply entrenched reservations among the people and policy makers regarding sovereignty.
The Free Movement of Skilled Labour
Perhaps the most immediate benefit of the CSM will be the ability of skilled labour to move freely to work or to look for work in the Community. Jamaica has accomplished this goal with the Caribbean Community (Free Movement of Skilled Persons) Act, 1997, which allows CARICOM skilled nationals to come to Jamaica to work, to look for work, or to engage in self employment of a commercial, industrial, agricultural, professional or artisanal nature.
The other signatories, with the exception of Barbados, have implemented similar rights in their legislation. Barbados implemented the free movement of skilled labour by way of amendments to its Immigration Act. The Act grants free entry of skilled persons entering Barbados to work with a specific employer, to work as a self employed person, or to work with certain regional organisations. It does not permit skilled nationals to move to look for work. Discussions are under way within CARICOM to rectify this anomaly.
Who is a skilled national?
The term skilled national comprises:
1. Managers, technical and supervisory staff of a CARICOM enterprise;
2. Self employed persons who are involved in work of a commercial, industrial, agricultural, professional or artisanal nature.
3. Caribbean skilled persons. This category is defined by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 as follows:
· member or employee of a recognised organisation;
· holder of a degree from the Universities of the West Indies, Guyana, or Suriname;
· holder of qualification certified by the University Council of Jamaica as satisfying the conditions for recognition for a CARICOM skills certificate;
· sportsmen so certified by a Member State; or
· musicians, artistes and media workers certified by the Member State of which they are nationals.
Michelle Brown is an associate in the Trade Department of the Law Firm Myers, Fletcher & Gordon (MF&G). She practices in the area of International Trade and Competition Policy and general Commercial Law.
