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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. Jamaica getting ready to blast off…
    CARICOM jobs: More skilled Jamaicans to gain access soon
    2013-10-02 08:30:43 | (0 Comments)
    Derrick Kellier – File
    Jerome Reynolds, Staff ReporterMore categories of skilled Jamaican workers may soon be able to seek jobs in other CARICOM countries.Labour and Social Security Minister Derrick Kellier yesterday tabled a bill to make amendments to the Caribbean Community (Free Movement of Skilled Persons) Act to expand the groups of skilled workers who can apply for a CARICOM skilled-worker certificate.The present categories of skilled workers are artistes, musicians, holders of degrees from the University of the West Indies, media workers and sportsmen and women.The law is being changed to include nurses, teachers, and workers holding specific categories of vocational qualifications or certification from accredited tertiary institutions.
    http://go-jamaica.com/news/read_article.php?id=48351


  2. Oilman | October 8, 2013 at 10:23 PM |

    @Well Well
    Lawyers often disagree.
    ___________________________________

    You mean lawyers love to often disagree, they just argue for argument’s sake, but their disagreements should not be at the expense of or sovereign/national or international rights of Caricom citizens, their disagreements can very well last another 60 years, they are disagreeing and not reading/interpreting/comprehending treaties hence we are now at that place of idiocy, remember there are over 900 lawyers in Barbados and by extension thousands of lawyers littering the Caribbean, this is a classic case of them presenting themselves as useless to the integration process.


  3. @Well Well
    I think you expect too much from these people – your wishes and wants are those of an idealist.


  4. part of the CCJ verdict says:

    Community law and the limits it imposes on the Member States must take precedence over national legislation, in any event at the Community level.”
    __________________________________

    As i said, the revised treaty is very clear cut and concise, a layman can interpret it for what it really is, in my mind there is absolutely no need to change domestic laws, they remain intact, but there is every reason to abide byy community/regional laws…….what were they thinking these leaders, it could not be any plainer than that, and there is no need to disagree, argue or even try to change anything.


  5. Oilman | October 9, 2013 at 10:27 AM |

    @Well Well
    I think you expect too much from these people – your wishes and wants are those of an idealist.
    _________________________________-

    Maybe you are right, but if you signed a contract with a company or person or even government, are you not expected to read/understand and abide by the terms of the signed agreement……what will happen if you try to pretend during the 6-7 years of the life of the contract that such terms of the contract did not exist, would you not have your ass sued off…….well that is exactly what is happening in this case, and if it is a government contract you signed and ignored, you will more than likely end up in the new prison at Dodds. So yes, i may be idealistic, but if government is setting such a bad example, maybe it’s time to ignore all written contracts with them and tell them to kiss off.


  6. Where is the former operator of the garment factory who calls himself a “former ambassador to caricom’,a guyanaman called Frank daSilva who is supposed to be a champion of the rights of fisherfolk along with the m’am Watson?both of whom did everything in their power to embarrass the BLP and the Fishing Agreement with Trinidad.Neither DaSilva,Evelyn Greaves,D Kellman,nor Bobby Morris, not to mention the notorious boiler of the fish soup,the dead king of sin john have yet to get this simple matter concluded.Why not take it before the CCJ for its resolution.The ball is firmly in wunna court.


  7. Myriev has opened a pandoras box showing a lot of botsies skinning in the air LOL…….


  8. @Well Well,
    The Barbados government did not take the case to the CCJ. Ms Myrie supported by the Jamaica government applied to the CCJ for leave to pursue the case. This approval was given by the CCJ; the case was Myrie Vs the Government of Barbados, not the other way around. The other thing you seem intent on pursuing is that the ONLY thing that is relevant is that the judgment showed that the ONLY thing for which the government (Barbados) was guilty of was denying Ms Myrie’s right of entry. ALL OTHER CHARGES WERE DISMISSED OR DISALLOWED. Even though people are quick to judge our own people the CCJ absolved the immigration people and the people even though they expressed reservations about some of their evidence. Drop the blame game. This case started before the DLP won the election.


  9. Not that it bothers me but I suspect that there is a lot more “sting in the tail” of the Revised Treaty. What does bother me is the silence of the Barbados government and the “make-it-up-as-you-go” position on CARICOM/CSME. The CCJ decision should alert all that a policy of purposeful neglect will no longer cut it.


  10. Myrie crashed car
    just hours after verdict
    according to Jamaica Observer
    Myrie elated ?
    Myrie relieved
    Myrie is easy -pussy for the right price
    beat it
    slap it
    lick it
    kick it
    flog it
    eat it -chew don’t swallow
    chat , dont wallow
    Shut up Mark Williams
    points good but not checking for that
    Myrie wined pon a finger
    then wrap dem round finger
    push in a plop
    and pullout a plumb
    line / hook /sinker
    flow versus lime


  11. @Gabriel,
    The BLP some years ago pursued a case before the International Court in the Hague requesting delineation of the maritime boundaries between Trinidad and Tobago and Barbados. The real purpose of the suit was to get a decision on mineral rights, although the impression given to the people was that it was to resolve the fishing agreement. The issue of the fishing agreement was entered into the evidence. The conclusion of the court was that the decision on the agreement was not within their purvue but left it up to the two countries to resolve the matter expeditiously. The case was entered into by the BLP and there was enough time after the decision and before the election in 2008 for the decisions to be made between the two governments. This is not a DLP issue nor is it an issue for the CCJ..


  12. Hw could anybody says *ll this noisee a d confusin doesn.t bother them…Well such comment is almost as laughable at as the govt who signed the agreement unaware of its full impact…….Stupse….


  13. To fall on ones’ own sword is nothing new . It is an enlightening experience that sheds light on our weaknesses and the chinks in our armour .Now is the time to reaccess our commitment to the voters of Barbados and Barbadain laws ,constitution and soverngity . Barbados signed on to CSME as a means of providing Barbadains with more seasonal or permanent work through out the Caribbean. So it didn’t work out but we now should get out of all agreements made that is counter productive to the Barbadian dream .Pass legislation to institute a visa system and a terrorism act giving Barbados more control of it’s borders with the uncompromising help of the BDF. Since Barbados is all but bankrupt we should recall all loans made so that Barbados can pay its creditors and we should import less. The voting public who pay dues to unions should stop and put that money in a pension. Going back to the privy council is not a step back but a step forward to national reconciliation for pride and industry showing strength and unity. God bless Barbados.


  14. @ Donna
    Go back to your casket!! There you are talking about ‘pride’ yet proposing the Privy Council as our final court of appeal. Too many dunces posing as know-it-alls….stupse.


  15. Wuh Dam enufff..seems lke the unces are those who singed the agreement without first reading… Even Caswelll could have doe a better jiob. Now u enuff can also be classified as a dunces cause you vote for those who signed the agreement.. stuopese………


  16. Former PM of Jamaica PJ Patterson is literally begging Caricom leaders to speak out against what the Dominican Republic is doing to Haitians regarding this citizenship matter. Of course when Barbados had its immigration issues with Guyana and more recent Jamaica ALL the leaders had a lot to say about Barbados


  17. @ac
    Do you understand the meaning or intent of economic integration? If you did,you would recognise that an automatic grant of 6months to Caricom nationals is minor. While you are losing sleep over this provision, your government is busy discussing selling CITIZENSHIP. Aren’t you a confessed supporter of this policy too? Woman take several seats!!!


  18. @Boots D.L.P. Cummins
    I am very aware of the issue with delineation of the economic zone of Barbados and the matter of infringement by Venezuela and Trinidad into that zone which gave rise to the Hague declaration.
    I am repeating…The Democratic Labour Party through its minions,honest and dishonest,took it upon itself to champion the cause of the fisherfolk of Barbados,that is to fish as a right,in the economic zone of Trinidad and Tobago without fear of harassment in any form or fashion.Now that the CCJ has ruled on the matter of Community Nationals moving within the Caricom Region without let or hindrance other than for specificied reasons,I am of the opinion that the said DLP minions,honest and dishonest,should test the cause of the fisherfolk before the CCJ.The waters joining the Region should now be considered regional waters as opposed to international waters for the Community National only,and as such we should be able to cast our nets freely subject to agreed upon protocols


  19. alvin cummins | October 9, 2013 at 12:50 PM |

    @Well Well,
    The Barbados government did not take the case to the CCJ. Ms Myrie supported by the Jamaica government applied to the CCJ for leave to pursue the case.
    ________________________________

    Alvin…………….i believe we have gone over this already, the Jamaican government only took the case to the CCJ level AFTER Barbados refused to comply with requests for a diplomatic settlement…….in other words, it would not have gone to the CCJ if the Barbados government did not allow it, everything else you have said is moot, i listened carefully to the CCJs verdict all 40-45 articles and they agreed with Ms. Myrie, what you should do now is say a silent pray that she is not able to or decides to bring criminal charges against those two criminal officer(s) who assaulted her, and you can also speak to your government about reading all the articles of the Revised Treaty of Chagaruamas 2007 .which they obviously neglected to read before allowing the Myrie case to be brought before the CCJ>


  20. @ Gabriel
    Me thinks your argument is tres interesting. Throw the issue of establishment and skills certificate and your case is even stronger. After all can’t fishermen register their business in t’dad but operate the boats from Barbados? Time to get fishermen added to the list of skilled workers.


  21. Donna says ….”Barbados signed on to CSME as a means of providing Barbadains with more seasonal or permanent work through out the Caribbean. So it didn’t work out”

    Donna I agree with Enuff please return to your casket IMMEDIATELY! What do you know about the CSME not working for Barbadians? Give us the number of Bajans who have tried to get work through the CSME and have failed. Also give the number of Bajans who have succeeded. That includes firms as well.

    Gabriel I agree with you that Barbados should try and sort out the fishing agreement with Trinidad and Tobago BUT Barbados must make sure they have a good case. I would approach it like Enuff suggested. Enuff | October 9, 2013 at 6:24 PM | Enuff excellent post


  22. Mia like she got a brain fuh trute yuh. Remember she kept arguing in the UNCLOS matter about the fishermen having historic “artisanal” rights or something along that line? Wunna see the smarts behind that argument (in the context of CSME) even though it failed at UNCLOS?


  23. The CCJ has enlarged the economic zone of the Community beyond our wildest imagination prior to Myrie.OSA obviously had a notion of a borderless community and if we can only use our common sense we ought to see the monetary,social,economic,cohesive and spiritual value of the dictate of the CCJ.Its not entirely our fault that some of us are blinkered and doubtful of the consequences of the Myrie decision.Where some see a threat,others see an opportunity.


  24. @Gabriel

    What is instructive from the recent CCJ ruling is the treat need for the ordinary people in Caricom to be informed. In fact Norma Girvan mentioned this aspect in his Single Vision Report in 2007.


  25. @David
    Agreed wholeheartedly.I posted very early on this and thought there should have a debate in our Parliament and our border officials and the general public through a combination of GIS and media postings,should all have been on ‘all fours’on this significant decision.Its now obvious that the Caricom Heads of Government Meetings/Deliberations are a de facto and de jure Community Parliament(aka a Federal Parliament).


  26. Tired of hearing foolish Roger Forde QC belly-aching over the CCJ judgement.. The public of Barbados call upon you and you r legal team to return the millions of dollars that you have collected so far in legal fees. The QEH could do with some of that money to buy medicine for the patients there.. . Not impressed with the defence of Barbados in the matter. Coming on brasstacks yesterday or monday to make a case even make you more foolish. Blasted illiterate crook.. Sir Denis sock it to you. .


  27. @Gabriel

    If Caricom intends to be influenced by the EU model then as Girvin recommended and Enuff alluded decisions affecting Caricom will be ceded to an Executive Caricom Committee similar to what obtains in the EU Sub region. Can we live with a diminution of individual sovereignty?


  28. Can we live with a diminution of individual sovereignty?
    *********
    Of course we can…… At the lowest common denominator


  29. sometimes a cavity search can be at the other end


  30. @David
    Bushie is right.We will have to be dragged into such a situation if left to politicos.That has always been our problem and a stumbling block to unity.


  31. That is what happens when politicians believe they are their own bosses and don’t thing it necessary or feel the need to communicate, inform or explain to citizens the decisions they make on their behalf, they are just signing agreements and then put them on a shelf in some ministry somewhere to collect dust.

    Roger Forde did not impress me one little bit, he himself obviously did not know anything of the contents of the revised treaty, bunch of dimwits. Kudos to justice Byron, taxpayers should be proud they got their moneys worth through his education.

  32. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Another mess created for Barbados by the “brilliant” Barbados Labour Party!!!!

  33. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Well Well

    “Roger Forde did not impress me one little bit, he himself obviously did not know anything of the contents of the revised treaty, bunch of dimwits.”

    I agree with you one hundred percent. From the time I saw his “performance” I knew that we were in trouble.

    Barbados seem to have mostly POOR LAWYERS. The number of good Lawyers we have here in Barbados, I have too many fingers on one hand to count them. And the sad thing about it is the fact that JUDGES seem to be picked from the poor lawyers CADRE.

    The Barbados Legal team was completely overwhelm by the Jamaican Lawyers. The Jamaicans did their homework far better than the Bajans.

  34. Carson C. Cadogan Avatar
    Carson C. Cadogan

    No wonder so many people get lock up in Barbados even though represented by “Lawyers”.

    And truth be told most of these “Lawyers” are Barbados Labour Party members and supporters.


  35. “Barbados seem to have mostly POOR LAWYERS. The number of good Lawyers we have here in Barbados,”

    Arson I do hope you included your PM, your Attorney General. Your imported Chief Justice and your late PM. Poor lawyers, poor leadership poor governance.

  36. Carson C. Cadogan Avatar
    Carson C. Cadogan

    The revised treaty was signed under whose Barbados Administration?

  37. Carson C. Cadogan Avatar
    Carson C. Cadogan

    ……..and I might add without realizing what the administration was signing?


  38. Sometimes one is left to wonder if the DLP and BLP are aware of the trolls who try to represent the parties and the extent to which they embarrass even they own supporters.

  39. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Now we can understand why we have on our statue books the Death Penalty for Murder but can not use it.

    Again the Barbados Labour Party is to blame , signing on to many Human rights International agreements that are now Law in Barbados and thus prohibiting the use of the death Penalty.

    Blunder after blunder by the Barbados Labour Pary. And the chickens are now coming home to roost.

    “Thanks” Barbados Labour Party!

  40. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Anyone on this blog realize the revised treaty was never ratified in any Caricom territory?

    What is this saying?


  41. Well said Carson and u can include barrack and Clico all them rotten eggs the master tactician the visionless leader left behind for the taxpayers to resolved and now this CARICOM fiasco . god forbide there is coup d’etat uprising from one of these neighbouring countries guess what little or no control to protect our borders ..the eggsleft by the BLP are being hatched and they are all rotten. Had not fior myrie theeyes of the people would have stayed close to what intially was hyed has turned to confusion.

  42. Carson C. Cadogan Avatar
    Carson C. Cadogan

    The question we now have to ask is what other International treaties which were signed by the Barbados Labour Party administration are now Law in Barbados without the knowledge of the general population.


  43. I heard a talking headless head suggesting that if barbadios does not feel that they are not treated fairly in regards to how barbadian good are advertise and put for sale in another neighbouring country barbados should seek “remedy” through the CCJ .. so much for good advice..not realising the millions of dollars again it would cost taxpayers /and the further division among each other….at what cost shall a nation pay a price for resolution

  44. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Before I forget, the Garrison area is now a United Nations World Heritage site.

    Does anyone realize that if there is any threat to that Heritage site that the United Nations can send in Troops to Barbados to protect it and there is nothing that we can do to prevent it?


  45. The 2007 Caricom Conference Decision about the right to enter for 6 months was widely publicized. BU remember well because there was the attendant issue of Antigua winning reservation because of the state of their economy. The CCJ Judgement has clarified how it should be interpreted vis a vis the right of Caricom nationals to enter a member’s space. According to the CCJ the government of Barbados got it wrong. The PM needs to emerge from hibernation and calm the country down by indicating it’s acceptance and let the country move on. We have bigger fish to fry like why the country is unable to borrow money. But then we know the answer don’t we?

  46. Carson C. Cadogan Avatar
    Carson C. Cadogan

    As usual you come to cloud the issues.

    The six month stay is only a small part of the revised treaty.

    The lost of sovereignty is the big issue here. Every time we sign on to Treaties of what ever kind we give up some of our sovereignty never to regain it.

    The revised treaty was never brought to our Parliament and the full contents of the revised treaty never discussed so most Bajans are in the dark about it.

    Barbados’ arguments was that the treaty was never ratified. The CCJ reminded us that it does not matter as we agreed to treaty and signed it.

    The fact that it was not ratified IS OUR PROBLEM. The government of the day failed in its duty to the citizens of Barbados. As in so many other things.

    Another thing Barbados can not appeal the Judgment as under the Barbados Labour Party the CCJ is now the Court of final Appeal.

  47. Carson C. Cadogan Avatar
    Carson C. Cadogan

    All we can do now is to pay Myrie her money and make sure we get a receipt for it with a ten cent postage stamp attached!!!


  48. will not fool anyone
    MAXINE MCCLEAN is to be blamed for the CCJ fiasco


  49. @All

    Please note the 400 laws affected by the RTC was debated in our parliament and enacted in 2006.

    http://www.sice.oas.org/ctyindex/BRB/WTO/TPRs203-02_e.doc


  50. Not everybody paid attention concerning the matters of the immigration policy and its impact on immigration matters. Most people were of the belief that the immigration laws of a country would take precedant now the genie is let out of the bottle .the populace is asking “what next?

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