– Domestic workers new skills category
Caricom leaders have reaffirmed their commitment to free movement across the region as set out in the Revised Treaty of Chaguaramas amid the growing controversy over individual immigration policies, and have also firmly accepted that migrants who fall outside the declared categories are entitled to humane treatment.
The migration debate emerged a critical issue for the regional heads during the 30th Regular Meeting of the community which wrapped up here late last night,
but the discussions ended with a string of reaffirmations to the regional integration process.
But perhaps more crucial than others was the decision reached at the meeting in Georgetown to include a new category of skilled workers for recognition in moving freely under the treaty – household domestics.
President Bharrat Jagdeo, Chairman of Caricom, announced at a late night press briefing yesterday that as of January 1, 2010 household domestics who have obtained the appropriate qualifications will be allowed to move freely across the Caribbean region.
However, he also announced that Antigua and Barbuda and Belize are not required to sign onto the expansion to include household domestics until a socio-economic impact study of the migrant situation is conducted in both countries.
“…we have noted that concerns of Antigua and Barbuda and Belize with respect to the implementation of their obligations related to the expansion of eligible categories of persons free movement under the free movement of skills regime and the grant of contingent rights without the conduct of a socio-economic impact assessment in those member states,” Jagdeo stated.
But on this particular issue, he noted that they have agreed that the Caricom Secretariat will expedite the study. He said too that the leaders have granted Antigua and Barbuda a five-year derogation on the free movement on the new category of household domestics, “in order for it to make the necessary adjustments to its infrastructure and other imperatives to facilitate the fulfilment of its treaty obligation with respect to the free movement of skills.”
According to the Guyanese President, the conference recalled that Antigua has always implemented a very liberal immigration policy which extended beyond the agreed categories and that it recognized the efforts of the country to streamline its current migration policies.
Specifically, he told reporters that the leaders have recognized that free movement is an essential element of the Common Market and Single Economy (CSME), but given the current economic crisis “its full implementation at this point in time will be challenging for some member states.”
He said that they have also noted that migration is a human right though circumscribed by domestic law, and also recognized that in keeping with the spirit of the treaty and the requisites of international law all migrants are accorded humane treatment.
Jagdeo said that the conference also re-affirmed that all eligible categories of skilled community nationals must be granted a definite entry of six months if they present their skilled certificate at a point of entry and that they have the right to work immediately. During that period the receiving country has the right to verify the qualification of the skilled nationals, he added, but pointed out that once completed an indefinite stay shall be granted.
The leaders also noted that persons who are moving to exercise the right of establishment, the provision of services and the movement of skills have the right to move with their spouse and immediate dependent family members.
He added that the schedule of free movement of persons would be reviewed at the CSME Convocation to be convened later this year with a view to advising on the timetable for full free movement.
On the issue of contingent rights, the President explained that these are rights which are granted to a Caricom national and his/her spouse and immediate dependent family members if the principal beneficiary has exercised the right of establishment, provision of services and movement of capital or free movement of skills.
He said that the leaders have agreed that the spouse of the principal beneficiary who qualifies for such rights also has a right to work without the need to obtain a work permit.
Further, he disclosed that the conference concluded that persons qualifying for contingent rights have the right to primary education and emergency health care, which are key elements to be included in a protocol on contingent rights. However, he pointed out that temporary service providers will only be entitled to emergency health care.
The President noted also that the leaders recalled the decision made in 2007 to Antigua and Barbuda an exemption on the free movement of non-graduate teachers and nurses. He added that countries must put in place the necessary arrangements to issue the certificate of recognition Caricom skilled qualifications to Caricom nationals who are eligible.
“Countries must put in place the necessary arrangements to issue the certificate of registration as the Caricom service provider to service providers who are moving on a temporary basis [inter-island traders]”, Jagdeo added.
Prior to the press conference and much earlier in the day Prime Minister of St Vincent and the Grenadines Ralph Gonsalves told reporters that the re-affirmations by the community have in essence recognized that certain minimum standards must be adhered to.
Saying that there was no need for him to go into any gruesome details as to what would fall short of those minimum standards, Gonsalves declared that in every single Caribbean country, some more than others, migrants are taken up and treated in a manner which is not humane.
“I will not expect somebody in St Vincent, an immigration official, to go and knock on somebody’s door at 3 am in respect of an immigration offence and tell them that they have to buy a ticket to get out of the country or they would be deported… if my immigration so acts they would be acting contrary to the spirit of the treaty and specifically Article 45, and also international obligations,” Gonsalves said while stressing that he was speaking hypothetically.
He emphasized that “everybody has agreed on” a regional position on the issue. Therefore, he noted that any immigration official who acts in such a manner is acting unlawfully and contrary to the public policy of each government in Caricom.
The Prime Minister said further that it is now up to the region to work out the
necessary protocol which would adhere to the standards [agreed on] given that they have acknowledged that the spirit of the treaty also addresses certain minimum standards of treatment as encoded in international law and best practices.