The Myrie Order

Sir Dennis Byron, President of the CCJ

Sir Dennis Byron, President of the CCJ

The Caribbean Court of Justice (CCJ) decision between Shanique Myrie and Barbados (Jamaica the Intervener) continues to resonate across the region – editorials, talk shows and on the streets. What is evident is that members of Caricom need to better manage how we promote freedom of movement given our obligation under the Revised Treaty of Chaguaramus (RTC).

There is the view that significant weight was given by the CCJ to the 2007 Conference Decision by Heads of Caricom [item 45].  In simple terms: can we say that the decision handed down last week is what Heads of Caricom intended in 2007 i.e. “definite entry of six months …”. The fact that Barbados argued against the efficacy of the 2007 decision without a single intervention from another Caricom member was taken as acquiescence by the CCJ. Barbados therefore has to abide by the decision until such time a similar case in re-argued before a CCJ with justices of a different interpretation or lobby to have Heads modify the decision at the next Heads of Caricom meeting.

Loud by its silence has been the reaction of Barbados to the decision. The DNA of the Barbados government is to be slow in deliberation. One wonders though if the Prime Minister sees a need to demonstrate a departure from the norm given the psychological punch Barbadians have taken since the decision was delivered.  Is there a role for the leader of the country in the prevailing circumstances?

There is general acceptance that Immigration, Customs and Police officials in Barbados need to be more efficient in the execution of their duties. The Myrie matter hopefully has embarrassed the country enough to drive needed change at our borders.

The bigger issue arising from the CCJ decision is the protocol which ALL Caricom States must establish to allow Caricom nationals to cross borders UNLESS “… the right of entry of a national of another Member State in the interests of public morals, national security and safety, and national health, the visiting national must present a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. The threat posed should, at the very least, be one to do something prohibited by national law. The national must pose a threat to do something prohibited by national law. The Court held that the principle of proportionality was also relevant to the application of Community law [Item 14 CCJ Summary].

This is the CCJ’s interpretation of the RTC when combined with the 2007 Conference Decision. There is a view however that the CCJ’s decision is coloured by the aspirational language in the RTC at the expense of the letter of the treaty.  Of course it can all be clarified at the next Heads of Caricom Conference. There are lessons coming out of the EU experience which exposes the weakness of a free market. There are the borders of member countries whose economies are stronger which will be bombarded. There is currently discussion in the UK about floating a referendum to decide on the whether to leave the EU. Until then its borders continue to be peppered by the Easter Europeans.

There is something wrong with the Caricom free market model when there is mass movement from the largest members to the smallest. On this point it is is noteworthy that Antigua entered a ‘reservation’ at the 2007 Heads of Conference meeting which excludes it from allowing ‘unfettered’ access to it’s shores.

Now that we have this decision how will Jamaica treat with the Haitians? How will Barbados respond to the CCJ decision? Hopefully it will not ignore the CCJ Order like it has the Supreme Court in the Al Barrack matter.

218 comments

  • Well ! Well! why did u not take the advice and take hoads humuor with a grain oif salt. maybe in this article he might have used his goadies for his brain…

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  • Interesting developments in Trinidad. I am eagerly awaiting the response of Jamaica to the sending back of those twenty Jamaicans to their homeland. Is the CCJ about to have another case to adjudicate?
    I am going to be presumptuous and say that nothing absolutely will ever coming out of that matter. Nothing, nothing, nothing. After all Trinidad is not Barbados.
    Other Caribbean countries are going to protect their sovereignty and allowed their Constitutions to be supreme. Not Barbados though. Our has been compromised thanks to Owen Seymour Arthur.
    David of BU & Carson Cadogan. Immigration issue was the flagship topic of BU of the past. I respect David of BU for the heat and sometimes unbearable pressure that were unleashed on him and many of the commenters of BU especially Your Truly. David you stuck to your position and defended your commenter. .I do respect you for that. I know that on many occasions, I may have gone overboard with some of my comments and as a result your blog was severely criticized
    I am very passionate about immigration matters because I believe patriotism, nationalism, and love of country should mean something. I believe everyone in this world should have love for the country or region they were born. No country of this world should be invaded or overrun by individuals seeking betterment for themselves. If there is a need for non-nationals of other countries to supplement the population or workforce of a country, there should be an order to the process of having those individuals into the country. There should be no free for all. Unfortunately, the nonsense we call CSME has allowed confusion to reign and we are now reaping the rewards.
    I agree with Richard Hoad that Barbados should withdraw from CARICOM & CSME. Our government with the urging of Barbadians must withdraw this country from CARICOM & CSME. CARICOM & CSME are more trouble than good for Barbados.
    Barbados does not need CARICOM or CSME to survive. A few thousand tourist from Europe, North America, Canada, Asia & Africa with a few sprinklings from the Caribbean are all we need for Barbados to survive & prosper. Bermuda is doing it and Barbados can do the same.

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  • ac…….you really do have your moments…in this instance you take lies coming out of his mouth very seriously, you don’t want Hoad misleading the public, who already are privy to so little information from their leaders.

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  • Well negroman i don.T see barbados separting itself from Caricom. it has investigated too much Liat for one …As for Trinidad the fall from the myrie ruling in reference to immigration is going tho have a rippling effect. Everyman for himself leaving barbados the lone soldier trying to out on a brave face. Thanks OSA you have over and over again shown how easy it is to fool the voting public. However in this instance the FOOl might have been YOU.

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  • Only a Negroman would agree with anything a dumb ass such as Hoad says.

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  • More Hoads in Barbados, what a better place it would be.

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  • David | October 11, 2013 at 2:02 PM |

    More Hoads in Barbados, what a better place it would be.
    ______________________________________________

    Oh…………i wholeheartedly agree, cause then the Negroman would be kept firmly in his mentally weak, spineless, balless, backboneless place all through eternity. LOL!!!!

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  • @ Well Well
    ….i wonder how he feels about the white Bulgarian (tourists) thieves who cleaned out the ATMs on the island, hope he knows that Bulgarian is an eastern European country steeped in poverty, they are Romas, roaming gypsies…..
    ……………………………………………………………………………
    Perhaps you should ask what he had to say when two Ukranian whores walked into Holetown Police station and fingered the son of a prominent business man as their pimp who had human trafficked them from Eastern Europe, to work on the West Coast,and was holding on to all of their immoral earnings.

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  • Hate to say “I told you so”, but ever since Owen Arthur came to the Bahamas trying (unsuccessfully) to convince us of what a wonderland we are missing out on my not joining CSME, I have foreseen the day when his own countrymen would have cause to recognise his folly.

    CSME is a daft idea from start to finish. There is NO benefit to Barbados of having free movement of people into its borders and the downside will be seen with increasing frequency now that the pimps and undesirables (and their usual champions) sense victory.

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  • Colonel Buggy said:

    “Perhaps you should ask what he had to say when two Ukranian whores walked into Holetown Police station and fingered the son of a prominent business man as their pimp who had human trafficked them from Eastern Europe, to work on the West Coast,and was holding on to all of their immoral earnings.”

    ______________________________

    Colonel….we all know the likes of Hoad and his bajan ‘white’ counterparts cheer on each other when they commit crimes and get away with it because they know the black police force in Barbados don’t have the balls, guts or backbone to arrest and jail them for their criminal behavior, however, whenever it’s a black person they are among the first to cry for blood, all of a sudden they become holier than thou, the most vicious crimes on the island can be found in that little cabal of bajan ‘whites’.

    That is the reason i took umbrage with Hoad telling lies on Ms. Myrie, if the blacks on the island continue to let bajan ‘whites’ boldfacedly and blatantly tell lies on them and mislead the public, it shows once again how programmed the ‘educated’ blacks still are and it continues to be a shame and disgrace. I also know about the continued pimping of white females (trafficking) on the island by bajan ‘whites’ but idiots like negroman would pretend it does not exist……and would gladly support Hoad in his lies.

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  • @ Balance
    I am not against a foreign born individual in our parliament, I just showing up the hypocrisy of the likes of Negroman et al. So Negroman please tell us after withdrawal what next?

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  • Well Well
    I do not know how long you were on this, but if you know the original Negroman then you will understand how I view and feel about stinking white people.
    I support Hoad principle position on the matter.
    Stinking white people cannot and will never dictate to this Negroman

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  • Here is what Prime Minister Stuart had to say about the Myrie CCJ decision yesterday:

    [audio src="http://bajan.files.wordpress.com/2013/10/untitled4.mp3" /]

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  • I marvel at the thought that the CCJ would have Barbadian leaders in hot water. To change any part of the Barbados constitution, ther MUST be a two/third majority in the House of Assembly, it is that serious. Therefore how can a CCJ or a P.M singlehandedly sign a document to over-ride the constitution? I’m appalled at the now P.M tellinjg the immigration Dept to continue doing what they were doing, yet accepting the position of the CCJ. That will only lead to more money being paid to other regionalists who are treated

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  • continued
    badly according to the CCJ. A decision HAS to be taken either have that section repealled, or remove ourselves from the CCJ. Imagine a bunch of people, none of whom are part of our government can over-ride our constitution. I understand there are some individuals who are lined up waiting to get some money out of Barbados through the CCJ because of the Myrei case.

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  • Caswell wades in on the Myrie matter:
    +++++++++++++++++++++++++++++++++++++++
    FRANKLY SPEAKING: Emasculated by Myrie ruling

    By Caswell Franklyn | Sun, October 20, 2013 – 12:00 AM
    From childhoot I was an avid reader and the more I read the more I realize how little I know.
    After reading the judgment of the Caribbean Court of Justice (CCJ) in the Shanique Myrie case, I am left completely confused and it is causing me to “unlearn” things that I accepted as given. For example, Section 48 (1) of the Barbados Constitution states: “Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good governance of Barbados.”
    I have to unlearn section 48 (1) because the CCJ’s ruling suggests to me that something called the Heads of Government Conference of CARICOM can make decisions that overrule laws that were made in our sovereign Parliament. As far as I am aware, decisions about the free movement of CARICOM nationals have not been made by our Parliament, and it has not delegated power to make law that would bind this country to any Heads of Government Conference. And, in any event, if Parliament had done so, where is the evidence that these binding laws were ever published in the Official Gazette, so that the population would have notice of them?
    http://www.nationnews.com/articles/view/frankly-speaking-emasculated-by-myrie-ruling/

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  • What gets me about this Myrie thing is the perceived ‘we’ versus ‘them’ and the ‘Jamaican’ vs ‘Bajan’, the ‘we win’ or ‘we lose’.

    Small minded, petty views.

    Whether you like it or not, we are Caribbean people.

    It is amazing that some malcontents want to now get out of CCJ, BECAUSE THEY REFUSE TO ACCEDE TO THE GOOD AND PROPER APPLICATION OF THE LAW.

    THAT is the issue today, too many want ‘whuh we like’ and not what should and needs to be.

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  • ‘Wisdom’ from Negroman ”The miscreants ,pimps, misfits and all other types of nuisance Caribbean people will now be invading Barbados”
    ———

    Lol…talk about insular ranting.

    Like

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