Michelle Brown, ContributorSKILLED NATIONALS wishing to work in another member state must obtain a Certificate of Recognition of Caribbean Community Skills (CARICOM Skills Certificate). This certificate is issued by the minister responsible for labour in each member state (The Minister of Labour and Social Security in Jamaica). The applicant must present to the minister the following:
A birth certificate.
A copy of the identification pages of your passport.
Three passport-sized photographs.
Letter requesting the skills certificate.
A degree from the Universities of the West Indies, Guyana, or Suriname.
Copies of a marriage certificate (if applicable).
Copies of passport of any immediate dependent family travelling with him/her.
Where the applicant has a degree from any other tertiary institution (regional or international), he must first obtain a certificate from the University Council of Jamaica certifying that degree, then apply to the Minister for the CARICOM skills certificate.
The holder of a skills certificate can be permitted provisional or indefinite entry. If a skilled national arriving in Jamaica to work, presents a CARICOM Skills Certificate issued by the Jamaican Minister of Labour and Social Security, he will be granted indefinite entry into Jamaica. A skilled national may obtain a skills certificate directly from the host country, once he presents the proper credentials for verification in the host country, and upon arrival in the host country will be permitted indefinite stay.
Where a skilled national presents a certificate issued by the responsible minister in another member state, he will be issued provisional entry for up to six months, during which time he must apply to the Jamaican Minister of Labour and Social Security for verification of that certificate. Upon verification, indefinite entry will be granted.
What is the impact of free movement of labour on the Jamaican workforce?
1. JOB CREATION
The paramount benefit touted is job creation Jamaican skilled labour will be able to compete for jobs in every member state. A greatly expanded 'regional' job market is thus created for skilled labour. There are two caveats. The first caveat is that the CSM will not create jobs for unskilled workers. The second caveat is that skilled labour from other member states will now compete with Jamaican skilled labour in the Jamaican market. Jamaicans will therefore face increased competition from nationals of other member states for jobs on our home market.
2. THE EASE OF ENTRY
AND MOVEMENT
Skilled nationals can now move to work in other member states without the need to apply for a work permit, or the inconvenience and expense of continually renewing that permit. Other categories of nationals will still require a work permit.
3. IT PROMOTES
NON-DISCRIMINATION
It removes the discretion member states previously had in granting a work permit. Under this regime, a person who qualifies for a skills certificate cannot (legally) be denied one, and the holder of a skills certificate cannot be denied entry to work, or, to look for work. There are two provisos. First, an immigration officer may refuse entry to persons of unsound mind, persons who would be a charge on the government, or persons who are otherwise undesirable.
There are yet no gazetted regulations which dictate how this discretion is to be exercised, thus continued education of immigration officers is paramount. Second, the free entry of skilled labour into Jamaica is limited to nationals of member states who provide Jamaican nationals no less treatment than that provided under Jamaican law.
4. CONTINGENT RIGHTS
There are also contingent rights offered by the free movement of skilled labour. First, a skilled national, his spouse and immediate dependent family members are also permitted to enter and leave the host country without the need for any other permits. Second, the skilled national may also acquire property in the host country needed for personal use as well as for use in his business.
5. TOLERANCE
Our local labour market for skilled labour has, as of January 1, 2006, become a regional labour market for skilled labour. The labour force, local and regional, has to become more inclusive and tolerant as the integration process intensifies. Managers must adapt their management style to incorporate these new comers to our labour market, and workers must accept CARICOM nationals as their
co-workers and/or managers.
THE FUTURE OF FREE MOVEMENT
There are still some legislative and administrative changes that must be made. For instance:
Barbados is in the process of making changes to its Immigration Act to allow free movement of skilled nationals to seek employment.
The Single Market will eventually feature one Skills Certificate that will be recognised by all member states a true CARICOM skills certificate. This will eliminate the need to apply to the relevant minister in the host country for verification of a certificate issued in another member state.
There is also a move afoot to widen the categories of skilled nationals which may move freely among member states.
Eventually, there will be free movement of all nationals in accordance with the commitments made under Article 45 of the Revised Treaty to a 'goal' of free movement of all CARICOM nationals.
Throughout the process leading up to Jamaica's entry into the CSM, there has been a constant undercurrent of uncertainty in the society and it is clear that many CARICOM nationals simply cannot see the CSM in operation. Perhaps enough information has not been released to convince segments of our society of the benefits of the CSM. Perhaps it is nothing more than a healthy fear of the unknown. We must remember that integration will not happen immediately. After decades the EU is still working towards integration and we have only now embarked on that process. Long after the maze of legislative and administrative changes are completed, the biggest challenge will still remain - changing the mindset of the region and getting rid of the "Jamaica first, region next" way of thinking, and the "fi wi oil" mentality which still prevails. The CSM is here. We must focus our attention on how we can benefit from it at the micro (individual, firm, sector) level as well as at the macro level (Jamaica).
Michelle Brown is an Associate, in the Trade Department of the law firm Myers, Fletcher & Gordon, (MF&G). She practises in the area of International Trade and Competition Policy and general commercial law.
