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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.


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218 responses to “The Myrie Order”


  1. David
    You tell me to continue to post pun a picture … I try doing it five times and still can’ get it do … I plan to enroll at UWI agen and pay the blasted fees man … I need mo’e educationing


  2. @Sargeant | October 7, 2013 at 6:16 PM |

    “A legal opinion is just an “opinion’ it is not a binding judgment … the law is always subject to different interpretation by different people”

    So you mean to tell me that there is NO such thing as ah “Expert opinion …?” when it comes to lawyering …? Waah you telling me bro … So why dey fees sah high … if none ah dem is experts …? If according to you their opinions come and go, they gotta be flippant in nature right? I now read a Judge on face book lament about looking forward to having a Perry Mason type in front of him in court .. but if the people who draft laws had any true sense of purpose, with and understanding of the measurement and determination of deviation, they won’ be nah need fah Perry Masons …!

    George B

    You beginning to soun’ like me bro .. Yah got mah proud, man …!


  3. Thanks Baf, corrected.


  4. welll the CCJ interpret and clarify .the govts agreed and signed ………..Now all of OSA eggs are beginning to hatch ……..ghee whizz they all seem to be rotten.


  5. By the way Prostitution, like so many other activities is hardly recognized as a crime in Barbados, if at all. What is this talk about public morals? Such jackass, outdated hence irrelevant terminology should be struck from official documents if such documents are to be truly taken seriously …!


  6. AFAIK CCJ should be binding considering it IS Barbados’ final court,and not the Privy council!

    There is also the issue of CARIPASS……can’t wait to see what will happen when the larger islands such as Haiti are allowed free-movement.


  7. Alvin said:
    “It would seem that because of these it is possible that the Barbados government did not consider this section binding and thus did not change its domestic laws to conform and/ or did not inform immigration officials of the necessity.”
    ________________________________

    Alvin…………..I had begun to give the immigration/custom officers the benefit of the doubt in that they many never have known about the Revised Treaty……from what i gather from the articles involved, there may have been no need to revise local domestic laws, but definitely a need to inform, brief and retrain the officers re conforming to the binding international community laws………..from the admission of the two accused officers involved, they did not suspect the young lady of any drug dealing or prostitution for that matter, therefore, it still begs the question despite her inconsistent address/pickup information which happens to travelers everyday, when i am in the mood i give bogus address, all types of stuff…nothing new……what was the officer doing with her hand up the young woman’s vagina???……………again, i go to TT as often as i can, each visit i make when using my caricom community passport, i am given 6 months entry, obviously Trinidad is observing the treaty, what went wrong in Bim?? is it the present crop of leaders were/are not aware or just don’t care, or did Arthur and the last crop of leaders neglect to tell the immigration chief anything, someone was negligent and dropped the ball, that left the island wide open for all types of lawsuits and ridicule…..i blame the leaders past and present for their incompetent handling of the Revised Treaty of Chaguaramas 2007, as far as I am concerned Ms. Myrie did the island a great favor.


  8. Sir Denis was taught by Barbadian School Teachers


  9. Blame Owen Arthur for everything
    A government in power for 4 years and is so inept that all they can do is blame Owen Arthur,

    Blame Owen for building up Independence square, Errol Barrow Statue and Oistins Bay Gardens too nuh.

    I agree with those who say that this is the age of Ignorance because there are some people who have a very strange logic and an extremely strange narrative


  10. @David,I know but they aren’t currently allowed CSME privileges.


  11. when a govt sit down to sign papers and agree upon which the sign..then after many years a burning problem ignites from what was agreed upon ….then who should be blame ,,, the accuser or the signature,,, lawd hav merci….such ineptness delivered by the hands of a master tactician…supposedly with vision and hindsight… the greatest actor of all time OSA.


  12. The Democratic Labour Party is responsible for the demise of Irvine ‘Fatman’ Weekes

    How so”
    The DLP has failed to provide Barbados with a safe Society but they have created a Barbados is recent times that is given to the lawless behaviour and Gun play going on right now. The DLP is a total waste of time. I can not understand why they dont disband and let people who know what to do get the job of running the affairs of this country.

    The DLP is to be blamed for Fatman, the Soldier/Police recruit /the 18 year old Black Rock girl/ the shooting of the pastor
    These things are happening under the DLP’s watch

    It is time that the DLP start taking the Blame for somethings and stop dividing the country by blaming the BLP for nonsense all the time.


  13. The DLP is dividing the country and polarizing the people by constantly blaming the BLP . This is a very bad strategy in addition to the Buying of votes.
    It is going to have serious repercussions in this country. The drive -by shootings will soon take on a political slant.

    The DLP IS SEEKING TO DESTROY BARBADOS BY ALL AND ANY MEANS NECESSARY

    I do not like what the DLP is doing. it is very Dangerous. Their supporters need to speak to them


  14. when i think of the great tactician .ithink of a person who won the mega lottery and gave the mioney to his family and friends to go on spending spress, sound familiar,, but never worries about upgrading or remodeling the house,,then one day the money begins to ran out , the house starts crumbling to the ground,, he looks around and says to family and friends who are now broke,,/Wunna gonna help me fix de house” and they reply is YOU OWN IT >> FIX IT….


  15. BAF

    It is not a criminal offence to be a prostitute. Nor an offence to receive money for sex. Nor (here) to solicit. It is a criminal offence to opportune (aggravated soliciting). Thus: if the girl says “hello..are you looking for a girl?” – no crime. Standing on a street corner plying for hire – no crime. Persistently following you about making herself a nuisance – a crime. Living off immoral earnings – a sort of borderline case but usually only applied to pimps – a crime but a jury would first have to determine that prostitution is immoral. I’m sure you and I would say there was nothing ignoble about it since the prostitute will have “loved much”……err


  16. @BAFBP
    So you mean to tell me that there is NO such thing as ah “Expert opinion …?” when it comes to lawyering
    ***************
    Of course there is “expert opinion’ but you get what you pay for, and credentials can be embellished or worse falsified. We had a Doctor up here that was called as an expert witness in many cases and send nuff people to jail while ruining a few lives until it was discovered that he wasn’t qualified in the field in which he claimed to be an expert. The Crown had to revisit the cases and pay compensation to some people who were wrongly convicted.

    BTW “expert” economists are in abundance all over the planet and yuh see the result……

    And how cum you aint glom on to de fact that Forde is kin to Henry DeB?

    And here is the story about the expert Doctor

    http://www.cbc.ca/news/canada/dr-charles-smith-the-man-behind-the-public-inquiry-1.864004


  17. @ac

    Why do you have to frame all of your responses with DLP BLP nonsense? Who mounted the Myrie defence? Who interpreted the 2007 Heads of Conference decision the way it did without challenge from the other Caricom countries according to the CCJ?

    All the analyses post CCJ decision point to the fact that it is an important decision for the region. We have to wait on reaction from Heads of Caricom to determine if this is the way they want to go. Being myopic is a curse.


  18. dvid I have already gave my multiple opinion on the CCJ ruling of which I agreed upon. comments on this issue has move beyond that point but look at the fall out that poor leadership has imposed on our people which is causing confusing and havoc among the masses because past leaders have failed to bring their immigration laws up to date with the laws on which they had signed and agreed upon in 2007. Yes the leadership of OSA is what is now causing confusion among the masses and in effect is part of the reason the immigration officers have brought shame and disrespect to our Country, Say what you want, When leadership fails our country fails,


  19. While an aside, i wonder how many of you have been reading the newly constituted Barbados Today e-paper? http://epaper.barbadostoday.bb

    Take a look at page 2 with the new Editor’s comments on “Fallout on not grasping it”

    Note the childish reasoning and constructs that permeate the entire article vis a vis the pellucid reasoning of the purported rap*** Roy Morris.

    It becomes really evident that, whatever a man/woman does in their private lives, irrespective of our deviant behaviour, our bestial propensities in the privacy of our bedrooms, if we are competent at our jobs and deliver what we are being paid for, at least one might be inclined to “throw a pinch of salt” as a slave towards the indiscretions because of the other skills and competencies the party in focus possesses. ,


  20. @pieceuhderock

    Have to disagree, it cannot be only about task.


  21. Here you are worried if this decision will allow Haitians or others to come to your shores in bulk, economic refugees or whatever, You should be, It seems you have given up the rights to your borders, this treaty seems to be written by people who want free access to a better place, how many bajans or Antiguans are trying to move to Haiti. The Dominican Republic has just said Haitians born there have no right to citizenship protecting its borders and you are not allowed to keep a suspected criminal out. Whats with that


  22. ac……….in case you still don’t get it, and everyone can see you don’t…………leadership swings both ways and with both political parties, since you insist on injecting a political flavor into every silly and/or serious issue…………..both parties BLP/DLP should have known about the Revised Treaty of Chaguaramas 2007, after all both parties have way too many lawyers as senators, ministers or just plain pieces of furniture……both parties should have made absolutely sure that what was signed on to re the treaty of free movement, was/is observed, whoever occupies the house is responsible for house rules…….i can’t make it any simpler, it’s okay to blame Arthur and Co when they occupied parliament, it is equally ok to blame Thompson (a lawyer) and Stuart (another lawyer) when they both occupy the house, they were/are all negligent in their refusal to competently conduct the people’s business whether utilizing/changing (which is not necessary) domestic laws or enforcing/acknowledging regional/international community laws, none of the idiots did their jobs……hope you understand now.

  23. PLANTATION DEEDS FROM 1926-2013 AND SEE MASSIVE FRAUD ,LAND TAX BILLS AND NO DEEDS Avatar
    PLANTATION DEEDS FROM 1926-2013 AND SEE MASSIVE FRAUD ,LAND TAX BILLS AND NO DEEDS

    ross @Living off immoral earnings BLP /DLP = CRIME


  24. Ac not the issue i did not agree or signed any papers .govts are put in placed to look out for the best interest of a country and in so doing must be cognizant of the facts that everything they do or say would be a reflection on its people . The facts are that a govt signed an agreement and failed to abide by the said agreement. now tell ac how does that make us as a people look in the eyes of the world other than nincoompoos and jac as


  25. And listen carefully LOOK ac does not take cue from what others said neither does she draws on any ones opinion to bolstera point .others perspective or comments does not make them more intelligent or smarter or more Right.again LOOK listen to me carefully Next time u try telling me how to think ….try thinking fuh yuh self ac doesn.t not need your advice or help……..Thank YOU.


  26. I liked a point David Ellis made on Down to Brasstacks yesterday. He was speaking to the fact of the jubliation amongst the Jamaicans but was quick to point out that Jamaicans have a greater problem than Barbados in terms of migration of Haitians to that country. More Haitians wasnt to get to Jamaica than Jamaicans want to get to Barbados.


  27. The above comments posted to LOOK was for WELLL the proverbial hypocrite…….


  28. I fail to understand how the CCJ could dismiss the fact that Ms. Myrie attempted to lie to the Immigration officers as first premise to enter Barbados. Would not speaking the truth be a hindrance to further credibility of evidence and would understandably raise alarm as to ones true purpose for entering the country? As i see it Barbados was nothing but a “test fart” for the CCJ ‘s intention to increase membership ( namely Jamaica) of appellant status. Also Ross’s above puts fwd. ..does prostitution or soliciting not fall into the category of “undesirable “…What was Myries true purpose of visit? Why did the person she said she would be staying at say the opposite? Definitely Myrie did not know where she would be spending the night but was invited to be here under peculiar circumstances …all these questions should have had relevance in this case but were merely dismissed by the CCJ. Barbados you have been roll-coasted…..pay Barrack first ..he is more deserving !


  29. If there is anyone listening to Peter Wickham today there seem to be some confusion about his position how Barbados should use immigrant labour. There is immigration driven by economics i.e. opportunity to work. In this scenario how are such people to be regarded as part of a community?


  30. @Onions

    Your concern is addressed in the judgement. Yes she lied but was she a threat to national security or her entry would have corrupted the public morals of the country?


  31. ac | October 8, 2013 at 11:10 AM |

    The above comments posted to LOOK was for WELLL the proverbial hypocrite…….
    ____________________________________

    ac………LOL!!…………you can’t even get that right, anyhow, if i were you which is very unlikely, i would be more worried about the white thieves from Europe, is it Bavaria/Bulgaria who swooped into the island and damn near emptied all the ATMs in Bim, by the way, i am sure they were allowed instant entry by immigration at Grantley Adams, you should also be worrying from whom they got the information that allowed them to waltz into Barbados to steal all that money, eastern Europe is kinda real far from Barbados. LOL!!! and yall watching Caribbean people..LOL!!

    http://www.nationnews.com/articles/view/1-2m-gone/


  32. Threat to national security eh……most definitely our immigration officers will need refreshers…..a tief also is no threat to national security nor an arsonist or pedophile…guess these will be welcomed too from now on. Wonder where we will draw the line?


  33. Onions………i realize that you did not read the verdict in it’s entirety, but the CCJ determined that though Ms. Myrie was shady about where and whom she would be staying at, she posed no threat to national security, the threat was to her in the form of two clowns parading as officers, and the immigration who it seems were unaware that they were violating her rights to enter Barbados as a Caricom national, i can’t reiterate enough how this case has changed the game, knowing that Jamaica does not even want to be part of Caricom integration, i wonder what they are thinking now, Trinidad should also look at the verdict as a game changer.


  34. Why you all can’t discuss issues in an intelligent manner? A procedure was not followed at the airport and all manner of issues must be tossed in the ring? Does anyone believe that Barbados is the only country guilty of not following procedure? We have the judgement from the CCJ which is currently being questioned by the legal eagles. Everyday our border officials capture Jamaicans and others trying to enter with illegal substances. Wasn’t a person held recently entering with a mock botsy containing drugs?


  35. Well Well
    Do you think Jamaica will join the CCJ just because of Myrie lil escapade? Think again …..don’t forget back home one knows ones own…..think Ja will be willing to open its doors to those Haitians? They got a bigger problem than us on that accord…..


  36. Onions……..i realize there are problems all around, every country is trying to be top dog while protecting their borders, it will never be perfect..they claim they are leaders and should be the ones trying to find a solution.


  37. I believe there will come a time if these high end thieves are allowed to continually raid the banks on these small islands, that the insurance companies will refuse to compensate, some kind of due diligence is needed when also allowing Europeans into the country, everyone can now be seen as a threat to borders such as Barbados that are vulnerable for one reason or another, example…….. dependency on tourism, etc.


  38. Judging from her comments on the CBC programme, the Peoples Business, Senator Verla DePezia, attorney and vice President of the DLP, did not seem too happy with this CCJ judgement. Is this a hint of things to come? Will there be a response from the Government of Barbados (and other governments) to negate the effect of the CCJ decision?


  39. @Well Well

    If you are not aware ask the BU family to elucidate and don’t rely on the Internet only. Barbados is one of the few Caricom countries to implement a Caricom accreditation council. Barbados to this day has an outstanding arising from the Caribbean Multinational Clearing Facility, To this day Barbados has allowed entry to more Caricom nationals than most. We continue to be a 50% shareholder in LIAT which flies to almost 20 regional countries. Yet some come here to deride Barbados about our contribution to Caricom. Barbados may have messed up in the Myrie matter, we learn from and move the hell on.


  40. @Ping Pong

    Caricom Heads can change the CCJ decision in a conference framework if we take the precedent of this case where the CCJ gave a lot of weight to the 2007 Conference Decision.


  41. “what you have written is quite reasonable however when the Heads of Government signed the Treaty (all 269 pages of it) which gave CARICOM citizens this right of entry was it to look around and have a sea bath or”

    Not only to have a sea bath but to interact freely with our Caricom brethren with the same freedom of entry as accorded to Heads of Government and Ministers of Government and the Caucasians. Perhaps you are not a frequent visitor to the other Caricom countries but what a day of rejoicing the CCJ decision has been for those of us who can like in yon Colonial times now enter each other’s islands unhindered and hassle free to go about our peaceful and law-abiding business.


  42. President Obama is scheduled to hold a press conference today at 2PM to COMMUNICATE with the public. BU takes the opportunity to beseech Prime Minister Stuart and government to to the same to calm the country at this time.

  43. PLANTATION DEEDS FROM 1926-2013 AND SEE MASSIVE FRAUD ,LAND TAX BILLS AND NO DEEDS Avatar
    PLANTATION DEEDS FROM 1926-2013 AND SEE MASSIVE FRAUD ,LAND TAX BILLS AND NO DEEDS

    http://www.nytimes.com/2002/02/23/nyregion/nassau-judge-formally-resigns-to-settle-wife-stabbing-case.html

    real back stabbers, of his own wife , what you think they will do to you? doing already ad get to go home
    BLP ?DLP back stabber of the Bajans and the tourist


  44. David…………i am fully aware that Barbados has been and is currently the only island really pushing integration, in saying that, it is then very striking that the island who is pushing integration is the head one violating the treaty that they signed on to……………you cannot make this stuff up, what i said above is that Jamaica does not want to be part of the integration process and Trinidad is also shady seeing that Eric Williams once said that 10 from one = 0………….i have been aware of the islands reluctance to come together in a union since i was a very small child, this is nothing new, the stakes have only just become higher.


  45. As tar as BU is aware our laws have been changed to reflect community obligation. What needs to be made more efficient is how we interprete and execute said laws. Until the CCJ ruled last Friday many Caricom states were clueless about how they should properly honour community obligations.


  46. Seems to me that the govt cherry pick which part of caricom agreements they will abide. cause to think that after seven long years a poblem such as the “M.yrie issue has had such a profund effect that the signed agreement has lawyers and constitutional law makers mulling over the intrepretation of the CCJ rukling. David u can talk all u want. this mess should not have happen and the signators bears some responsibilty. call me stupid if u want i dont give a dam.


  47. I believe if the leaders were not clear on the interpretation of the laws governing Caricom, they should have had their lawyers, what’s makes it ugly is that most of the leaders are themselves lawyers, interpret the language being used so that everyone of the island states would be on the same page as it relates to upholding the laws and rights of Caricom citizens, obviously none of this was done, it’s just unfortunate that Barbados has become the test case………now they can do what everyone of them neglected to do in the first place, lead.


  48. ac………..i did say you have your moments.


  49. Balance,

    I am not that young and have traveled to nearly all CARICOM states for work and pleasure. I have never been hassled or hindered as I entered other CARICOM countries. Other than Haiti and Suriname, the CARICOM states by virtue of being part of the Commonwealth extended certain privileges to CARICOM citizens. I believe, for example, a Commonwealth citizen can vote in Barbados if they satisfy certain requirements. So I am surprised that CARICOM heads explicitly felt it necessary to confer a right of entry by way of this Treaty when a relative easy and preferential condition (admittedly not a right) of entry already existed. I suspect the Treaty implies more than mere visitation purposes (stay tuned for the issue of the free movement of capital) . I believe that the intent of this expressed right of entry (coupled with the free movement of capital) is to bring about a state similar to that in the European Union where citizens of member states freely visit, live AND work in EU countries.

    I am not expressing agreement or disagreement with the CCJ judgement. I am attempting to discern the full intent of the Treaty and the unintended consequences (unintended by the politicians who often do not read the fine print). As I have suggested, one should not be surprised if there are moves by Governments to negate the CCJ ruling. Senator DePezia comments re supercession of Barbadian law by the CARICOM treaty hints that this decision may not sit well with the Government of Barbados.

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