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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. @Ping Pong

    Agree with your position and it is why we have been calling for the PM to state Barbados’ position. It does not explain why government pursued the matter to the CCJ if it was party to the 2007 Conference Decision.


  2. Given that the Bahamas felt it necessary to explicitly exempt itself from the treaty over the issues of the right to entry and monetary union suggests to me that the implications of this treaty (which precursors the Single Market and Economy) are much more than the right to visit.

    The reaction of Governments to this CCJ decision will expose the true feelings of everyone to the idea of CARICOM integration. Is CARICOM to be a vehicle for functional cooperation or is it a vehicle for the integration and establishment of a Caribbean nation?


  3. Bahamas has never seen itself as part of the Caricom community, in spirit. Agree with your last point that reaction by respective government will tell a story.


  4. […] Barbados Underground wrote an in-depth blog post about the outcome of the controversial […]


  5. So David what do u want PM stuart to say….or maybe btter yet admit wrong doing on behalf of an inept past govt ……who now have its citizens walking around with an albatross tied around their necks having to explain the unexplainable… Tell ac David what would YOU like to hear PM say.


  6. DLP /government from 2008
    DLP anti -CSME
    DLP anti -Caricom
    DLP -Government slow /
    2007 thing signed
    2008 -2013 ,no action
    DLP made error not settling out of Court
    Maxine McClean erred
    DLP must be held to account
    Stop liivng in denial
    Sounds a bit silly -ac
    silly
    folly
    stupidy
    ac


  7. Silly me ……..silly thee……..silLly …silly BLP signs an agreement which they did not understand…………


  8. Bushie grew up in a close knit village. Far more cohesive than CARICOM. It was all for 1 and 1 for all.
    In that village were a number of distinct families and households. Bushie’s house was Bushie’s palace. While all were welcome, it was understood that Bushie’s rules applied at Bushie’s house. NO ONE had any RIGHTS to walk into the Bushman’s palace uninvited….and Bushie understood that other households deserved similar respect.

    Within some close families, such RIGHT to enter family homes existed, but were contingent on amicable relationships existing at the time…

    The artificial creation of a FORCED situation where any villager has the automatic right of access to Bushie’s home is idealistic, idiotic, Ill-conceived, and counter-productive. It is only natural that the habitually careless, aimless and hopeless of the village will gravitate to those homes that had been carefully maintained and improved….and we will end up with one large slum.

    On the other hand, if individual homes are given their due respect, and those pursuing high standards allowed to protect their standards – then perhaps others may be inspired to emulate their success and over the village standards may RISE……

    …but then again,…. there is a way that seems right to mankind, but the end thereof is bare jobby…..


  9. Look guys our country got smacked with a limp dick. This region is not ready for unfettered free movement. I also think it was time that these politicians have referenda on such issues in their constituencies and vote in accordance with voters’ wishes. It is not fair to have a say to your employees once every five years. That is not what democracy is about. The Nation can do a quick response poll to test Barbadians views on this issue. The Caribbean landscape is very uneven. I remember ” One from ten leaves nought”. I remember the behaviour of the ‘Big Three’ in the federation. Caribbean unity is a farce and cloud dream. Barbados is not even situated in the region. This dot is in the Atlantic. Let us forget this stupidity and wake up. I predict that this ruling will be tragic and do more harm to Caricom than the good intended. All others will say look and learn. All countries who are not members of that court will scamper. The ruling of that court will be a cancer to its survival. Politics is a funny game. The BLP and OSA were thrown out of Bay Street in 2008 for this CSME nonsense. My memory is good. Things have come to roost. Being in power is about winning votes. Barbadians are proud of their country. Former Deputy PM Miller said bajans are paranoid and schizophrenic about migration. We remembered what followed in elections. Multitudes are wounded over perceived loss of control of our country. Place events in proper perspective please. Some political operative is going to put his/her foot in the mouth again. Caricom nor the CCJ can vote here in Bim. A word to the wise


  10. @Ping Pong,The only response that the Barbados Government can offer is to change some of the local laws so that Caricom nationals are not a burden on social services and which should be the biggest concern for government……..the bill!!!!

    I am thinking that implementation of NIS for Barbados citizens and Permanent residents only,healthcare and education would also be added to that while all others would have to pay out of pocket for private services.If someone is going to be an ‘economic migrant’ they should be promoted as adding to the fabric of the country and not relying on its services.I also strongly believe that the country MUST adopt deny birthright citizenship within the Constitution or at least an interpretation jus sanguinis where transmission of Barbados citizenship can only be transmitted by parents who have it or permanent residence at the very least.


  11. @Jay

    Hasn’t the recent CCJ Judgment confirm that community law trumps local law?


  12. Myrie problem caused by
    two over zealous police officers
    according to CCJ
    two police officers lied
    usual actions of local police anyhow
    made mistake of messing wid Jamakey
    push a finger in
    push B’dos out
    Myrie Married Man
    Middle class call girl
    scandal
    error !
    two police still @ airport


  13. David ” procedures weren’t followed” Is the procedure to let someone go if suspected of drugs or criminal activity. Do you x-ray people first in Barbados before a cavity search? Do you think the custom female agent enjoys poking around other peoples parts. Is it possible procedure was followed but according to the treaty ( which may never given to the front lines) her actions didn’t reach the level of denying entry? Politicians , judges etc always make decisions from the comfort of home with 20/20 hindsight, How long did it take them to make a judgement on something these agents only have a short time to resolve.


  14. A monumental decision in the quest for full economic integration and as usual Barbados taking the lead even if in a negative manner.
    The more ac speaks the more she confirms what many here believe–the DLP led by Thompson was a poor and lazy Opposition only interested in and knowing how to win a government. How you could they be the Opposition and don’t keep up to date on Caricom agreements, Central Bank Reports etc? This was agreed to in July 2007 and you mean to tell me the DLP government only became aware after Myrie filed a suit? Small wonder we are in the current mess we are in.


  15. @enuff

    To repeat the point, why did the DLP government pursue this matter two years ago if they were cognizant of the obligation to Commnity law?


  16. If u don.t understand or comprhend agreement .what de helll would one signed…now we have confused public and e.g people like Ping POng searching for a needle in the dark……lawd hav merci have we all gone stark mad…….. and David i i were u i won.t even mention LIAT a taxpayers nightmare and a CARICOM failure……..


  17. @ac

    The problem with you is you inability to be cogent even if it is your right to disagree. Do you know which government recently accepted liability for 65 million dollars to support LIAT? do you know which government instead of settling the Myrie matter out of Court to use your perspective represented the matter to the CCJ? You really need to study what you want to argue before typing.


  18. @David,I don’t think so.The CCJ has confirmed that community law only supercedes local law when Government has implemented such,which is what the Government did in 2007 when they agreed to change the treaty due to ‘community’ pressure.When Government initiated the treaty that is what supercedes all local laws…..and also when they agree to change said treaty lol.The onus on Barbados is that it has lead responsibility for integration while on the other hand wants to protect its local interest,and the former is currently winning.

    I think it is ok if their is a right of entry….but local law should be able to stipulate how and when that happens….like an individual being worth a certain amount of money or have a great amount of income to cover their entire stay.You just have to look at how the UK and US in some cases get around treaty issues while solidifying their position.


  19. Here is an update on the Haiti Dominican Republic citizenship dispute which Chairman of Caricom Kamla Persaud is expected to mediate.


  20. @Ross and Sarge

    Thank you for the clarification.


  21. @Well Well;
    Remember, Myrie was not denied entry. She was allowed in and her passport stamped accordingly, however based upon a suspicion (whatever it was) she was referred to a supervisor in Immigration. Further questioning revealed that there was untruthfulness in her story of who she was going to be staying at. Acting upon this untruthfulness the senior immigration officer; acting like any other immigration officer, ion any other country, cancelled her entry into the island and she was kept at the airport pending return to her home country. A normal happening in any other country. The difficulty arose; in the case, in the acceptance of the CCJ about the weight of the evidence between that given by Miss Myrie and that of the immigration officers. With regard to your question about “hand up the vagina” there is no definitive evidence (according to the judgment) that it occurred, that is why that part was disallowed. With regard to your, and others’ claim that the government should have settled out of court, remember the sequence of events. Ms Myrie was returned to Jamaica, she complained to her country’s officials who sought leave to bring the case to the CCJ. A hearing was held to determine if there was a case to answer. It was admitted by the Barbados legal team that there was a case to answer. As a consequence the CCJ accepted the case and there was nothing the Barbados Government could do but appear before the court The rest is history. As I said before I have difficulty because the principle of unanimity that is required for the decision of the heads of governments seems to have been ignored by the learned judges. One other aspect is “what was the original intent when the agreement was signed, and where does it put those who either disagreed or had reservations? This goes deeper than a lot of people think and it is no sense trying to pin blame on any government. One now has to look very carefully at border security and how it can be protected. Boy am I glad they caught those european burglars.


  22. @Jay

    Point taken, maybe what we need is an audit of what Barbados has enacted arising from the RTC and other Confernece decisions.


  23. @Alvin

    You should read the Judgement from item 64. It is clear Barbados was party to the 2007 Conference Decision and it was never translated to officers on the frontline. In fact if we conclude from the judgement it is clear this government did/has not accepted that Barbados has an obligation as a result of the 2007 Conference Decision. All very confusing but ultimately which point to the fact we need to take our obligations more seriously. And to ac’s retort please note that government is represented as a continuum.


  24. “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.”

    In totality, your comments are sound and reasonable and thought provoking but I take note of Senator Depeiza’s comments as well and often wonder why up to now similar umbrage has not been expressed over a previous decision by the CCJ re- Winton Campbell vs Govt Of Barbados in supercession of Section 23 of the Pensions Regulations of Barbados which swiftly and brutally abrogated the rights of public officers to immediate pension entitlements on the abolition of their posts.


  25. All countries under Caricim should agree on the same basic criteria for anyone entering:
    Have a return ticket out of the country
    Have a valid address and name of person with telephone number.
    Have proof of health insurance
    Show or say how they will support themselves while on the island.

    If they cannot provide the above they will be deemed unsuitable for entry. The officers should tell them that and end of story. This is normal entry requirements for most countries.

    Bushie why don’t you shut yuh lying mouth bout yuh village? Yuh did the village ram wid nuff pickney from yuh cousins in the village. Stop glorifying village life please!


  26. Ping Pong said:

    “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.”
    __________________________________________

    My position will consistently remain,why were the parliaments of the Caribbean islands which are all made up of lawyers on both the ruling parties as well as the oppositions side not know about the contents of the Treaty, 2007-2013, that is kinda a real long time to not know the contents and fine print of a treaty you signed. So we can safely say that there are procedures within the Treaty that they are still not aware exist therefore we are also clueless including the immigration and custom authorities, oh what a tangled web..


  27. “I predict that this ruling will be tragic and do more harm to Caricom than the good intended.”

    IN WHAT WAY?


  28. “This region is not ready for unfettered free movement.”

    Why not? There was unfettered movement before us visionless locals took charge. Are we so much afraid of new challenges that we prefer to remain in our own little cocoons leading to no where other than self-righteous indignation? Onward ever, backward never.


  29. We have the EU to use as a mirror to anticipate the pitfalls of a free market although it is not an apples and apples scenario. An observation one can make is the leadership role which is played by the strong economies like Germany and to a lesser degree France. What can Caricom learn here.


  30. Alvin…..there are no gray areas involved in the Treaty, it is very clear cut and concise, the DLP got caught with their pants down, plain and simple, i always knew there were too many lawyers in both political parties, the right hand does not know or understand what the left hand did.

    As i said, the CCJ was very clear that Ms. Myrie was consistent in her allegations and the accused were not…….she was molested, can’t get around that, anyway, so she lied or was confused about where she was spending the night, big whop, it certainly was not a violation of anyone on the island’s right, you can’t get away from it Alvin………the present government being an extension of the previous government screwed up and must now face the music. Remember, be careful for what you ask, you might get it, they wanted power, they got power….LOL!! seriously though, it really is a blessing in disguise to rectify, understand, clarify and share the information to all Caricom citizens about the true intent of the Revised Treaty of Chagaramus 2007.


  31. And besides, the best question being asked by everyone is, why did the DLP take the matter to the CCJ, particularly if they knew about the existing treaty, knowing what we all do and that is the Jamaican government reached to their Bajan counterpart to settle the matter and was rebuffed……….Alvin do you know why the DLP so willingly committed regional suicide??


  32. The more one reads items 45 & 46 of the Judgement one is forced to ask if other members of Caricom legislated locally the decision to allow 6 months entry arising from the 2007 Conference Decision.

  33. DR. THE HONOURABLE Avatar
    DR. THE HONOURABLE

    .Alvin do you know why the DLP so willingly committed regional suicide??

  34. DR. THE HONOURABLE Avatar
    DR. THE HONOURABLE

    Do you think the custom female agent enjoys poking around other peoples parts. Is it possible procedure was followed

    I HAVE CHECKED AND IT WAS NEITHER CUSTOMS AGENTS NOR IMMIGRATION AGENTS WHO SEARCHED THE WOMAN CAVITY WISE.

    THE POLICE DRUG SQUAD OFFICERS WHO ARE NAMED BY THE CCJ ARE THE ONES WHO SHOULD SAY IF THEY DID IT. THE CCJ CALLED THESE TWO OFFICERS LIARS


  35. @Well Well
    You missing one critical point bout de treaty and government’s response and decision to go to court. De issue is that clearly government’s interpretation of what the treaty meant in relation to free movement, entry etc, was one that did not square with how de CCJ interpreted it. So it was not a case of government going court cause them did just stupid and did not know bout de treaty and what it said. It was and is about interpretation.


  36. Oilman…….that is what the lawyers are for to clarify and interpret laws and procedures, there are over 30 lawyers in parliament, you are telling me that not one of them is capable of interpreting satisfactorily a law or procedure, how many lawyers do you need to interpret one law or procedure, the justices at the CCJ i am sure are quite capable of interpreting a law, did Justice Byron not attend school in Barbados, are we saying that he is incapable of interpreting a law, exactly what are these lawyers who did not even know that the contents of the treaty existed now saying? where were they these oh so brilliant lawyers between 2007 and 2013 before the Myrie verdict?


  37. Let me clarify………….if the government of Barbados felt the law of the treaty was in dispute these past 6-7 years, should they not have done something about it before the Myrie incident, like revisit the law before the Caricom heads for revision and/or change?? don’t care how we cut it incompetence has ruled the roost of government from day one of the signing of the treaty until present.


  38. u know sometimes politicians do things to make themselves look good and not for country .this might be one of them cases and for the first time the incompetence of the heads of govt who signed this treaty has rared its ugly head for all to see and ugliness is not pretty.


  39. David, it is unfortunate that it took a court case for some weight to be given to HOG agreements.The problem with Caricom is that the inter-governmental framework stymies the acceleration of the integration movement. In the EU the implementation of some key policy decisions is ceded to the EU by member states. I understand such powers lie with the OECS Secretariat.It is high time some supranational powers are granted to the Secretariat, and when the communiques are prepared at the end of conferences member states are bound to the agreements therein. There can’t be real integration without the loss of some sovereignty and there is no need to fear as the rules are equal across the board e.g. the cheering Jamaicans must now treat the Haitians the same way they want us to treat Jamaicans. Didn’t Kamla just remove the subsidy from CAL (even though she gave it back through other means) after Dr. Gonsalves complained based again on the RTC? Another decision coming out of that 2007 meeting was the Single Development Vision prepared by Girvan–weak in some areas but a step in the right direction. Freundel and company (including ac) should start reading that before it is too late.


  40. For God’s sake ac please keep quiet for once. You are making an ass and a half of yourself.


  41. i do not understand why the political apologists keep dragging DLP/BLP into the issue; it is not a political thing but an administrative practice which as a result of the CCJ decision has reinforced the maxim that – one is innocent until proven guilty – in short everybody has rights


  42. The Barbados Government should now pursue remedy with the CCJ in respect of the long outstanding fishing agreement with Trinidad & Tobago.


  43. @Well Well
    Lawyers often disagree.


  44. @Oilman

    If we are truly a Community the Foreign Affairs minister would have worked the phone to establish the intent of the 2007 Conference Decision.


  45. Here is a link to Girvan’s document to which Enuff referred:

    http://www.caricom.org/jsp/single_market/single_economy_girvan.pdf


  46. The government of Barbados should satisfy itself about the proposed Governance Dimention on page 17 of Girvan’s document.


  47. Enuff | October 8, 2013 at 9:12 PM |

    For God’s sake ac please keep quiet for once. You are making an ass and a half of yourself.
    ……………………………………………………………………………………………………………
    really Where did the CCJ find ac in voloation of her duties as a citizen if have a right to make a complete or ass or half ass of my self. but for govts to do so and been sactioned or chastize openly is mindblowing what you enuff should be outraged at is the incompetence of govts knoweldge or lack of knoweldge of siging and agreeing to a law which they have not abide by. NOW who is the ASS…. Go figure…..


  48. @David
    At what point did I claim that we are truly a ‘community’?


  49. Op-Ed: What the Shanique Myrie Case Means for Caribbean Law
    October 8, 2013 | 1:44 pm |Print

    By J. Emile Ferdinand QCOp-Ed Contributor
    THE SIGNIFICANCE of the Caribbean Court of Justice’s (“CCJ”) judgment delivered on Oct. 4, 2013 in the case of Myrie v Barbados arises more from the reasoning and related pronouncements of the Court than from the actual decision in Ms Myrie’s favour.
    Ms Myrie brought the case against Barbados alleging that the treatment she received from border officials at the Barbados airport violated her rights. The core of her complaint was that she was wrongfully:
    (i) denied entry into Barbados without good grounds and proper process, contrary to CARICOM Community law;(ii) subjected to a painful and humiliating body cavity search by Barbadian border officials;(iii) detained overnight in an unsanitary cell at the airport; and(iv) deported from Barbados back to Jamaica the following day.
    As the CCJ’s original jurisdiction allows in respect of alleged violations of the Revised Treaty of Chaguaramas (“RTC”), Ms Myrie commenced her case directly before the CCJ.
    Although only three countries (Barbados, Belize and Guyana) presently use the CCJ as their final appellate Court, 12 CARICOM countries accept the CCJ’s original jurisdiction which mandates the CCJ to authoritatively adjudicate disputes concerning the RTC.
    Cases decided by the CCJ have established that original jurisdiction disputes may be adjudicated by the CCJ between a company or individual and a CARICOM Member State, or between two or more CARICOM Member States, as well as between other legal entities within CARICOM.
    In this most recent case, Ms Shanique Myrie, as an individual citizen of a CARICOM country (Jamaica), was able to seek via the CCJ vindication of her rights under Caribbean Community law.
    Faced with conflicting evidence from the parties, the CCJ detailed its reasons why it preferred Ms Myrie’s account of her experiences at the hands of the Barbadian officials.
    For Ms Myrie personally, the outcome of the case is the CCJ’s order declaring that Barbados breached her right as a CARICOM national to enter Barbados under CARICOM treaty law; and requiring Barbados to pay her compensatory damages totaling BDS$77,240.00, as well as her reasonably incurred legal costs.
    But the Myrie judgment has wider and immerse importance to all citizens throughout CARICOM and to all CARICOM Member States.
    The CCJ in Myrie expressly asserts the status of “the Court as the Guardian of the RTC” and notes that:
    “in the area of freedom of movement within CARICOM, domestic courts or tribunals will, of course, be guided by this Court as it sets out the relevant Community law. If in the course of a domestic proceeding, new issues arise that have not been addressed by this Court, domestic courts and tribunals are required by Article 214 RTC to refer these new issues to this Court for determination before delivering judgment.” (All italics in this article being the author’s for emphasis, not the CCJ’s.)
    The CCJ emphasized that:
    “Implementation of the very idea and concept of a Community of States necessarily entails as an exercise of sovereignty the creation of a new legal order …. Community law and the limits it imposes on the Member States must take precedence over national legislation, in any event at the Community level.”
    The RTC … and … the 2007 Conference Decision brought about a fundamental change in the legal landscape of immigration throughout the Community. In contradistinction to foreigners in general, Community nationals now do have a right to enter the territory of Barbados and that of other Member States unless they qualify for refusal under the two exceptions …” [ie. undesirable persons or persons who may become a charge on public funds].
    It is clear from the judgment that this right under Community law takes precedence over domestic laws as “it is the obligation of each State, having consented to the creation of a Community obligation, to ensure that its domestic law, at least in its application, reflects and supports Community law.”
    As the CCJ powerfully pronounces:
    “If binding regional decisions can be invalidated at the Community level by the failure on the part of a particular State to incorporate those decisions locally the efficacy of the entire CARICOM regime is jeopardized and effectively the States would not have progressed beyond the pre-2001 voluntary system that was in force. The original jurisdiction of the Court has been established to ensure observance by the Member States of obligations voluntarily undertaken by them at the Community level….”
    The CCJ’s institutional independence is exceptional. Any objective analyst could not truly assert otherwise. In addition, the Court already has created a body of case law that unequivocally demonstrates this independence. Attorney General of Barbados v Joseph & Boyce [2006] refuted any misconception that the CCJ was to be “a hanging Court”.
    In Gibson v Attorney General of Barbados [2010] the CCJ gave tangible expression to the concept of “equality of arms” in order to ensure fairness in a criminal trial. Marin & Coye v Attorney General of Belize [2011] strengthened the legal mechanisms for accountability of Ministers of Government by recognizing both civil and criminal consequences of misfeasance in public office.
    Although it must be said that no Court’s independence or integrity is to be assessed by measuring the number of its decisions against governments, numerous decisions of the CCJ should convince any sceptic that the CCJ is worthy to be the ultimate guardian of Caribbean Constitutions, as well as of the RTC.
    Caribbean citizens would be well-advised to urge all of our Governments and Opposition parties to “free their minds” and have the confidence to grasp the glorious opportunity of our generation and embrace the CCJ fully, for the benefit of ourselves and our future. Better will not come.
    J. Emile Ferdinand, QC is an Attorney-at-Law and a partner in the St Kitts and Nevis law firm of Kelsick, Wilkin & Ferdinand: For more information, visit his website,http://www.kwfonline.com.
    Note: the opinions expressed in Caribbean Journal Op-Eds are those of the author and do not necessarily reflect the views of the Caribbean Journal.
    http://www.caribjournal.com/2013/10/08/op-ed-what-the-shanique-myrie-case-means-for-caribbean-law/


  50. We talk about Caricom:

    Ex-minister: Jamaica losing $15b to Caricom imports
    Published:
    Wednesday, October 9, 2013

    Text Size:
    A former Jamaican government minister said the island loses US$15 billion in revenues from subsidising imports from the Caribbean Community (Caricom). Claude Clarke, managing director of Richmond Valley, made the claim in his keynote address at the Jamaica Manufacturers Association (JMA) 45th annual awards banquet.

    According to a report in the Jamaica Observer, Clarke suggested that Government collect the revenue by suspending Caricom trade subsidies, at least during the island’s lending arrangement with the International Monetary Fund (IMF). He also called on Government to resist the urge to scrap tax concessions afforded to listings on the Junior Stock Exchange as it offered an efficient method of raising capital for small and medium-sized businesses.

    “Surely the Government could not be aware of how irrational it is to handicap Jamaican producers with taxes and fees, while it surrenders as much as $15 billion of revenue to our Caricom competitors as subsidy to make them more competitive than our own producers in our own market,” said Clarke in his address at the Jamaica Pegasus hotel.

    Imports into Jamaica are greatest from the United States, followed by Venezuela and Caricom member state T&T. The JMA claimed earlier this year that manufacturers from T&T were misrepresenting items as originating from within Caricom—which would entitle the goods to duty-free status. However a rate of duty or common external tariff is applied on products originating from outside the grouping. T&T manufacturers denied the claim.

    http://guardian.co.tt/business/2013-10-09/ex-minister-jamaica-losing-15b-caricom-imports

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