Ruling a step forward for CSME

THE Barbados Coalition of Service Industries (BCSI) is calling last week’s CCJ ruling of the Shanique Myrie case a significant judgement that has, in many respects, been long overdue.

In a press release issued by the Coalition last Friday, it called the ruling that orders the State of Barbados to pay the Jamaican national damages of over Bds$77 000, a step forward for the CARICOM Freedom of Movement Regime, with implications not only for citizens, but for companies plagued with regional trade-related issues.

Executive Director of the BCSI, Lisa Cummins, was quoted as saying that “while we recognise the importance of national security and border security measures, Barbados has clear legal obligations with respect to its treatment of CARICOM nationals and this ruling should force both our obligations, as well as the rights of CARICOM Nationals into the prominence in the national and regional discourse.”

She was of the view that Barbados, traditionally seen has playing a leading role in such matters regarding CSME implementation, would as a result of the ruling be caused to “have a long hard look at what we are doing, how we can improve and what our overall vision is for the regional project”.

Cummins commented that Barbados could not as a country continue to be seen as stepping away from our commitment to allow for free circulation within the Community and that the judgement was also sending a message to other CARICOM members to undertake the same level of introspection.

She noted that the ruling also painted the CCJ in a positive light, as the Court of Original Jurisdiction on all Treaty related matters.

“The BCSI looks forward to even more cases being raised in the CCJ, particularly with respect to many of the intractable trade disputes that keep being raised solely at technical and political levels, but the genuine long-term resolution of which perhaps rests more suitably in the CCJ,” Cummins remarked.

“These issues, when ruled upon by the Court, create jurisprudence and precedence which in turn give rise to changes at the national level. All round this is a positive day for CARICOM integration,” she added.

Setting precedence for manufacturers

Earlier this year, Cummins told Business Monday that it was her desire to see at least one major company in CARICOM take a case before the CCJ and challenge the right of another country to block its products from entering its markets on the basis of something that can be argued is in contravention of its obligations under the Revised Treaty of Chaguaramus.

“Large companies which may have more resources available to fight such repeated issues in any market should put the courts to test once and for all and see how quickly in the future it would resolve any later problems it would have. Just one ... it just takes one landmark case and jurisprudence, to bring some countries into compliance,” the trade specialist had posited back then.

The Barbadian and OECS private sector bodies have made long-standing complaints against Trinidad and Tobago for its alleged systematic actions to block their goods from entering its market. So far, the preferred method of fighting such cases has been through advocacy by the various manufacturing associations and related bodies.

Strike balance

This hope for manufacturers aside, Cummins explained that whatever the scenario, a balance must be struck between our right to security and our obligation under the Treaty, and stated that persons needed to ensure they were fully cognisant of the terminology of that Treaty and what it meant for them.

“A service provider cannot enter any CARICOM member state without complying with the basic entry requirements and say ‘free movement’. In the same way a manufacturer cannot do this and claim CARICOM is dead when they have been denied. There is a responsibility on your part to ensure that you are compliant with the laws of the country that you intend to enter.” (RA)