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CSME And FTAA: Possible Impact on the Jamaican Labour Market
The CSME and Labour
The Free Trade Area of the Americas (FTAA)
Labour in the Context of CSME
CSME and the Free Movement of People
Frequently Asked Questions
CSME and FTAA: Possible Impact
on The Jamaican Labour Market
The intensification of globalization in the last quarter of the twentieth century
has resulted in the removal of protection for developing countries, the formation
of large trading blocks and increased trade liberalization. In response to
this, the small economies of CARICOM have sought to:
-
to gain membership in the soon to be established Free Trade Area of the Americas
(FTAA) which, it is anticipated, will include all of the countries in this hemisphere
except Cuba;
-
to deepen regional integration by taking steps to establish the CARICOM Single Market
and Economy (CSME);
-
to enter into an agreement with the European Union {Economic Partnership Agreement
(EPA)} as part of the African Caribbean and Pacific (ACP) countries; as well as
-
to enter into bilateral trade agreements with countries such as the Dominican Republic,
Venezuela, Colombia and Cuba.
Some Jamaicans have expressed fear at what could happen with the implementation
of the CSME and the FTAA. There is the feeling that local businesses, especially
the manufacturing sector, will be undermined and that the country could be relegated
to being an importer of goods. This would be translated into the closure of
local businesses and job losses. The implementation of both the CSME and the
FTAA could result in advantages for Jamaica, however, as the negotiations are seeking
to address several areas of concern to various sectors of the economy.
Free Trade Area of the Americas (FTAA)
Negotiations in relation to the FTAA for example include issues such as competition,
investment, market access, smaller economics as well as subsidies, anti-dumping
and countervailancing duties. The negotiating body for CARICOM {Trade Negotiating
Committee (TNC)} is seeking to protect the region by pressing for policies which
address:
-
differences in the sizes and levels of development of the economies of the participating
countries;
-
a flexible framework which will accommodate the peculiarities of each participating
country;
-
transitional methods which may be supported by technical co-operation programmes;
-
reaching a common understating in relation to the operation and enforcement of trade
law remedies;
-
giving longer periods for compliance with the obligations under the FTAA to more
vulnerable economies;
-
the establishment of a body which will facilitate and promote competition by regulating
the development of a competition policy and enforcing regulations; as well as
-
the establishment of a dispute resolution mechanism.
It should be noted that the interests of labour can be presented to the FTAA as
there is an 'open and on-going invitation'1 for the participation of
civil society which includes labour. Contributions may be submitted via e-mail,
facsimile, mail or courier. In addition, the Jamaican Government has regular consultation
with various interest groups, including labour, in an attempt to address the varied
concerns of the country.
CARICOM Single Market and Economy
The CSME is similar to the FTAA in principle, however, it will only include participating
members of CARICOM. Provisions are made for the CSME under the Revised Treaty
of Chaguaramas. It seeks to address areas such as the free movement of goods,
services, persons and capital; macroeconomic co-ordination; fiscal harmonization
and monetary union.
It is anticipated that:
-
the free movement of goods will facilitate intra-regional trade as there will be
the removal of barriers such as licences, discriminatory taxes and other fiscal
charges;
-
the free movement of services will facilitate trade in services. This includes
those provided by self-employed persons, entrepreneurs, as well as technical, managerial
and supervisory staff and their spouses;
-
the free movement of persons will facilitate access to skills within the region;
-
the free movement of capital will facilitate investment and the establishment of
businesses within the region;
-
there will be collaboration and co-ordination to promote sound macro-economic policies
within member states;
-
fiscal harmonization to ensure that the tax regime in participating countries are
similar; and
-
monetary union that is, a single currency.
Advantages of Participating in the FTAA and CSME
The potential benefit of the FTAA and CSME to CARICOM is tremendous. To reap
those benefits there will have to be changes in the way that some things are done.
Both trade agreements will provide a vast market for the goods of the region but
the people will have to look outside the proverbial box.
The citizens of the regions can ensure that the business environment remains viable
and facilitate job creation by:
-
looking for feasible investment opportunities within and outside of their countries;
-
looking outside of traditional markets and products for opportunities;
-
changing the focus of production for example, looking at the development of by-products
of their production processes whenever feasible;
-
developing new products;
-
identifying and producing goods and services for niche markets;
-
copyrighting the names of goods, services and products wherever possible;
-
investing in science and technology;
-
approaching business in a way that ensures that the needs of the consumers are met,
this should involve quality control; and
-
meeting and surpassing international standards.
Changes will have to be made in relation to the human resource factor, such as:
-
modifications to the educational and training system within the CSME. The
new focus should be on encouraging analysis rather than learning by rote, as this
will foster innovativeness and creativeness. Education and training institutions
should develop their programmes in conjunction with the business community so that
the skills being produced are those that the employers require;
-
regional accreditation of education and training institutions (within the CSME)
or the programmes offered by them to establish and ensure that minimum standards
are met;
-
articulation of education and training programmes within the CSME so that the credits
can be transferred from one institution to another;
-
the development of a regional labour market information system (LMIS) within the
CSME. This will inform policy at both the regional and local levels.
It will also provide information and data on the types of skills needed and where
they are needed, emerging occupations, opportunities within the region for training,
sectors which are expanding and contracting, as well as on dying occupations.
Another important factor would be provision of information on the qualifications
of the regional labour force as this has implications for education and training.
The LMIS is especially important in the context of the Caribbean where there is
high unemployment particularly among youth and women:
-
the free movement of persons so that skills can move to areas of high demand;
-
changing the management style to one that is more inclusive of workers. This
would make the workers feel more involved in the process and facilitate increased
productivity;
-
introduce productivity-based incentives within companies as well as for companies
at the sector and/or national levels. This could include competitions within
and among organizations. There should be prestige attached to prizes especially
at the national level:
-
the portability of pension. Ensuring that the pensions of persons are linked
even if they work in more than one CSME territory. This will provide some
degree of social protection during retirement.
The Jamaican Context
The implementation of the FTAA and the CSME should result in a new Jamaican economy
with 'new industries, new forms of business organization and new business arrangements.'2
Jamaica could have an advantage of size in the context of the CSME as it is the
largest English-speaking country in terms of land mass and population. It
is therefore, anticipated that the country will attract considerable investment
from the Caribbean. This should have a positive impact on both the productive
sector and job creation.
Local businesses will have to transform the way that they function as they will
have to aggressively seek, pursue and seize opportunities locally as well as in
the two trading blocks. They will have to improve their products in order
to ensure their survival and growth.
Changes in the business environment will have a major impact on the local labour
market. Workers will play an important role, however, they will have to improve
their work ethic for example, be more punctual and reduce absenteeism. Management
should strive to make them a more integral part of the process and efforts should
be made to have less adversarial relationship between employers and employees.
This can be achieved by cultivating a culture in which both groups believe that
they have and are working towards a common goal.
A national labour market information policy will have to be developed and this will
have to be compatible with a larger policy for the CSME. This policy should
be formulated in consultation with various private sector groups, the Government,
workers' representatives, and education and training institutions. The policy
should be scientifically developed that is, it should be based on empirical studies
and the analysis of primary and secondary data. There should be continuous
monitoring to determine the factors affecting employment and job creation at the
sector and national levels.
The importance of a national labour market information policy cannot be over emphasized.
It could be used to:
-
determine whether there is need for fundamental changes or minor adjustments to
the education policy;
-
assist education and training institutions so that they react in a timely manner
to changes in the labour market; and
-
assist individuals in making sound choices when investing in education and training.
Formation of the trading blocks will pose new challenges. Jamaican management
and workers will have to adjust how they think and Government will have to focus
on policy formulation and implementation. In addition, a closer relationship
will have to be fostered among education and training institutions, private sector,
Government and workers representatives. Together we can chart a path for success
and prosperity as we enter into the CSME and FTAA.
________________
1
www.ftaa-alca.org/spcomm/SOC/INVITATION/SOCr4_e.asp
2 Andrew S. Downes, "Labour Market Policy in a
New Caribbean Economy"
References
Brewster, Havelock R., "The Caribbean Single Market and Economy: Is it realistic
without commitment to political unity?"
URL: http://www.caricom.org/speeches/csme-policticalunity-brewster.htm
Caribbean Export Development Agency, "Trade negotiations: the impact of the
private sector in the Caribbean"
Downes, Andre S. PhD, Labour policy in a new caribbean economy, April 2003
"Furniture makers will face open competition", July 2003, Jamaica Observer
URL: http://www.jamaicaobserver.com
Thompson, Tracey, "Ministry of Foreign Affairs and Foreign Trade: Investment
and employment opportunities to flow from CSME." April 2002
URL: http://www.jis.gov.jm/foreign_affairs/html
URL: http://www,ftaa-alca.org
Back to Top
The CSME and Labour
The concept of
the CARICOM Single Market and Economy (CSME) is the continuation of an evolutionary
process that began with the establishment of the Caribbean Free Trade Association
(CARIFTA) in 1968. CARIFTA facilitated growth in trade within the English-speaking
Caribbean, as there was
a reduction in import duties and quantity restrictions. In 1972, the region
decided to deepen the integration movement and CARIFTA was converted into the Caribbean
Community and Common Market (CARICOM). This was formalised with the Treaty
of Chaguaramas in 1973. The Treaty expanded the areas of co-operation from
trade to include health, agriculture, tourism, other productive sectors and telecommunications.
In addition, the participating countries agreed to have a co-ordinated approach
to foreign policy.
During
the 1980’s there was increased globalisation of the world economy and this resulted
in a re-assessment of the region’s integration process. Consequently, in 1989
the Treaty of Chaguaramas was revised through nine protocols to facilitate the establishment
of the CSME. Its objective is to improve CARICOM’s chances of survival by
transforming the countries from small vulnerable individual states to a regional
economic space, by facilitating the pooling of all their resources (including human
resources). It is anticipated that this will provide benefits such as a larger
market for trade, a larger labour market and economies of scale in production thereby
allowing firms in the Community to be more competitive.
1.1
Labour and the CSME
Labour is recognised
as an important component of the CSME and one of its goals is to provide the foundation
for a mobile labour force by the integration of labour markets. Under Article
45, the Treaty of Chaguaramas states that the ultimate goal of the CSME is to have
free movement of nationals throughout the region. This is being initiated
with provisions for the free movement of skilled persons such as university graduates,
media workers, sports persons, artistes and musicians. Protocol II along with
Articles 32 and 34 also facilitate the free movement of services and additional
skills. They expand the free movement of skilled persons to include:
-
managerial, technical
and supervisory staff, their spouses and immediate family members; as well as
-
self-employed
persons involved in commercial, industrial, agricultural, professional and artisan
work.
The Treaty seeks
through Article 63, to ensure that the labour market will be responsive to the CSME’s
needs by stipulating that:
-
human resource
development measures are to be implemented to provide support to the region’s attempts
to improve its competitiveness in the development, production and delivery of goods
and services;
-
the region should
foster an environment which encourages entrepreneurship;
-
education and
training should be strengthened through non-traditional modes such as distance learning;
and
-
the curricula
for education and training institutions should be developed to meet the specific
needs of industries.
Article
73 recognises the importance of industrial relations. It states that member
states should implement measures that promote harmonious, stable and enlightened
industrial relations. The Article also encourages collective bargaining, tripartite
consultations and improved living and working conditions. In addition, each
participating territory is to respect the rights of all of the Community’s workers
and treat them fairly regardless of nationality.
Improved productivity
is vital to the region’s survival. Article 67.3.(b) and (c) indicate that
one of the objectives of the CSME is to create an environment for enhanced efficiency
in the production and delivery of the region’s goods and services. This is
to be achieved by enhancing the productivity of the regional labour force.
Additionally, Articles 67.5 and 67.6 provide for the establishment of regional and
national bodies that set and regulate the standards for processing, production,
packaging and labelling. This means that one area of focus should be the establishment
of organisations that will focus on improving labour productivity.
1.2 Social Security under the CSME
In order for
the CSME to be successful, attempts have been made to minimize the possibility of
persons losing social security benefits as they capitalize on opportunities in the
region. Article 46.2.(b).(iv) of the revised Treaty of Chaguaramas calls for
the “harmonization and transferability of social security benefits”. Another
article [Article 75.2(b)] indicates that reciprocal social security agreements should
be negotiated by the member states. It should be noted, however, that the
CSME only addresses the transferability of long-term social security benefits.
Subsequent
to the signing of the revised treaty, a CARICOM Agreement on Social Security was
signed. This agreement outlines the social security benefits of migrant CARICOM
workers and seeks to ensure equal treatment as they move from one member state to
another. It allows for benefits to be determined and payments made based on
all the contributions made to several different social security organisations.
This will ensure that persons who are retiring do not suffer a decline in income
due to insufficient contribution periods to any one social security organisation.
Article 2 of the CARICOM Agreement indicates that it covers:
The social
security provisions of the CSME are also positive for the governments as it lessens
the likelihood of people becoming dependent on the state. It is also anticipated
that it will result in the enlargement of the contribution bases of social security
organisations in countries that have net increases in immigration. Another
advantage of the expanded contribution base is that it will decrease the dependency
ratio (that is the number of younger persons contributing to social security to
support the retirees). In addition, the CSME will provide more investment
opportunities for social security funds.
1.3 Areas of focus for the Ministry
of Labour and
Social Security
The
Foreign Nationals
and Commonwealth Citizens (Employment) Act, 1964 has been amended to facilitate
Jamaica’s
participation in the CSME. In addition, CARICOM nationals who qualify under
the Caribbean Community (Free
Movement of Skilled Persons) Act, 1997 are exempted from work permit. Workers
in this category can now move freely to another member state and enjoy the same
benefits and rights regarding conditions of work and employment as those given to
local workers. It should be noted that CARICOM nationals are not required
to pay a fee for the processing of their Certificate of Recognition. To date,
the Ministry of Labour and Social Security has issued 49 Certificates of Recognition
to Jamaicans seeking employment under the CSME. Additionally, 308 Certificates
of Recognition have been granted to CARICOM nationals who have sought employment
in Jamaica.
Provisions will be in place to harmonise and transfer social
security benefits for persons who qualify under the Caribbean Community (Free Movement
of Skilled Persons) Act, 1997. In fact, eight claim applications have already
been submitted to the Ministry under this Agreement. Under the CARICOM Social
Security Agreement, pension contributions will be totalled and benefits disbursed
to the individuals irrespective of their nationality. The Ministry has in
place an International Social Security Unit that is responsible for taking care
of the benefits that fall under the umbrella of the CARICOM agreement. This
Unit also administers agreements with Quebec, Canada and the United Kingdom.
1.4 Plans for the Future
The Ministry
of Labour and Social Security has been in dialogue with the Ministry of Foreign
Affairs and foreign Trade to discuss other social security benefits that are not
included in the reciprocal agreement. This will include social security assistance
such as those under the Programme of Advancement Through Health and Education (PATH).
Regarding the Certificate
of Recognition, member states are currently negotiating to have a standard certificate
which will be easily recognisable. This certificate will bear the CARICOM
logo. The contents of the certificate are however still being examined.
In keeping
with Article 73 of the Treaty of Chaguaramas, the Ministry of Labour and Social
Security recognizes the importance of harmonizing the labour laws of the region
and is in the process of examining the relevant laws. A legal team from the
Ministry, as well as the Jamaica Confederation of Trade Unions (JCTU) and the Jamaica
Employers’ Federation (JEF) will be reviewing these laws at the Labour Advisory
Committee (LAC) level. In addition, the Ministry will be embarking on an intense
public education programme during 2005/2006. Efforts will be made to inform
the public of how the CSME will impact labour.
The CSME
has implications for the human and social development of the region. This
integration is expected to create opportunities for the region as it increases competitiveness
and removes barriers to trade, services, goods, capital and people. The Ministry
of Labour and Social Security therefore plays an important role in this development,
particularly as it relates to the free movement of labour.
THE FREE TRADE
AREA OF THE AMERICAS (FTAA)
The Free Trade Area of the Americas (FTAA) is the name given to the process of expanding
the North American Free Trade Agreement (NAFTA) to all the other countries of the
Western Hemisphere except Cuba. It is however, important to make the point
that
the countries are of widely differing sizes and levels of
development. The total includes 21 countries in the Greater Caribbean each having
less than one-fiftieth of the size and resource endowment of the United States and
less than one-twentieth of the size and resource endowment of Brazil and Canada.
As such, if the FTAA is to bring all-round benefits to Latin American and Caribbean
countries, it must make specific provisions for the smaller countries and disadvantaged
social groups.
The FTAA was launched by the leaders of 34 countries
of North, Central and South America and the Caribbean at the December 1994 Summit
of the Americas in Miami, Florida.
The Aims of the FTAA
·
To remove barriers to trade and investment over time and thereby increase
world trade.
·
To avoid polices or measures that will have a negative effect on trade
and investment in the Hemisphere.
There are certain objectives associated with the establishment of the FTAA, such
as:-
-
Improving the living standards and work condition of all people in the Americas.
-
Better protection of the environment.
-
Facilitating the participation of all countries in the Hemisphere.
-
Strengthening cooperation among the principal international institutions in the
Hemisphere.
How the FTAA is Organized
The FTAA is organized as follows:-
-
Trade Ministers whose role is to develop the overall plan.
-
Nine negotiating groups – at first there were twelve working groups, established
by the Ministers, to find out about trade relations in the Hemisphere.
-
Vice Trade Ministers whose role is to coordinate the negotiating groups and make
recommendations to the Trade Ministers.
The Trade Negotiations Committee (TNC) has the central role of managing the FTAA
negotiations.
The TNC guides the work of the negotiating groups and other committees and
groups and decides on the overall architecture of the agreement and institutional
issues. The TNC is also responsible for ensuring the full participation of all the
countries in the FTAA process, ensuring transparency in the negotiations, overseeing
the administrative secretariat, and overseeing the identification and implementation
of business facilitation measures. The TNC established an administrative
secretariat in Miami and established a TNC subcommittee on budget and administration.
It is important to point out that, equally, the FTAA negotiations will examine the
interrelationship which exists between certain key negotiating areas, such as agriculture
and market access, services and investment, competition policy and subsidies, antidumping
and countervailing duties, among others, so as to ensure that the outcome of negotiations
are as proficient and liberalizing as possible. The differences in level of growth
and size of participating economies will be taken account of in the negotiations
in order to ensure that the smaller countries within the Hemisphere will be able
to equally benefit from the subsequent trade liberalization. During the negotiations,
elements of civil society will have the opportunity to make their views known on
issues to be negotiated, on the important relationship between trade and the environment
and on labour issues. A committee of government representatives will also provide
the link between the input from interested sectors of society and the negotiators
on these issues.
As one further examines the FTAA, it is important to point out that the negotiations
on the agricultural provisions in the proposed FTAA continues to be contentious.
This agricultural issue and its future in a FTAA for the states of the Caribbean
and perhaps for most other states is one of great importance. The idea is that FTAA's
negotiating objectives for agriculture calls for the removal of tariffs and other
barriers to agricultural imports in each country, developing disciplines on the
use of export subsidies and other mechanisms that distort agricultural trade, and
ensuring that rules on food safety and animal and plant health are not used as disguised
trade barriers. The current situation confronting the Caribbean economies in light
of the potential dismantling of preferential and non-reciprocal trade relations
linking the Caribbean and other regions has opened the eyes of many as to the potential
devastation facing millions in the sub-group. Further, with limited resource capacity
and underdeveloped indigenous private sectors, Caribbean
Non-Governmental Organizations see very little actual benefit to be amassed
to the sub-region from joining any free trade arrangement in the Americas that seek
not only to imitate the existing WTO rules, but to enact “WTO plus” arrangements.
In relation to market access, this is potentially the most
contentious issue within the FTAA process. On the one hand each of the major stakeholders
in the process agree that the joint removal of trade barriers among nations is the
most feasible way to promote and achieve increased trade in goods and services and
through this an increase in economic growth. On the other hand, few can deny that
because of the inherent uneven stage and pace of economic and social development
and obvious limitation of resource capacity of some nations, full liberalization
of trade rules is bound to obliterate the livelihoods of millions.
The issue is not whether countries should remove all tariff
and non-tariff barriers to trade, but rather, can this be done in a manner that
reflects the reality of economic and social development in the various countries
in the hemisphere. This leads one to wonder, if the FTAA can be fashioned in such
a way that it allows recognition of the fact that some countries in the process
will not be able to meet all the requirements to attain full liberalization and
as such will be provided the suitable exemptions to allow them to make the radical
alterations that are essential to be FTAA ready.
Labour Issues and the FTAA
The Miami Summit launching the Free Trade
Area of the Americas (FTAA) process recognized that free markets and free societies
work best when they work together. The core labour standards—freedom of association
and the right to organize and bargain collectively, freedom from forced labour,
the abolition of child labour, and freedom from discrimination—are part of the summit-FTAA
process because they strengthen both markets and democracy. These core standards
are broadly recognized as deep-seated rights to which all workers are entitled,
regardless of the level of development of the country or the sector where they work.
In an environment that promotes democracy and market-oriented economies, as the
FTAA is intended to do, there is no trade-off between these principles and development;
indeed, they become mutually reinforcing.
At a time when the importance of social institutions in development has been widely
recognized, the real debate is over how and with what prerequisite to promote the
core labour standards. In this debate the questions include whether universal
means uniform and what that implies for development. And, of course, the
central question is whether implementation and enforcement of global labour standards
should be explicitly linked to trade agreements.
Many developing countries have refused to support the link of labour standards in
trade agreements in multilateral trade negotiations. Despite the possible benefits
of free trade to improve living standards, many countries fear that the affluent
developed countries with their stronger economies can easily use trade sanctions
and protective measures in order to benefit themselves at the expense of the smaller
countries in their export trade. The point is that such a situation will lead
to growing inequalities between the developed rich countries and the developing
poor countries, and create uncertainty in the labour market. It is however important
to make the point that Government and the social partners together can exploit the
benefits of free trade to counteract disadvantages associated with unrestricted
free trade. While they oppose the labour-trade linkage, developing countries in
the Americas have already committed themselves to complying with the International
Labour Organisation (ILO) core labour standards, attested to by their authorization
of the relevant ILO Conventions. In order to promote and monitor compliance, a regional
mechanism, the Inter-American Conference of Ministers of Labour, was
established by the third Summit of the Americas, for consultation on labour matters.
More particularly, Government's responsibility through the Minister of Labour is
to ensure honest work and adequate labour protection at the work place through
social dialogue. It is the responsibility of governments as managers of the national
economies to take the necessary joint actions to advance economic growth, social
equity and fairness through the creation of the FTAA.
It is imperative that one acknowledges that the Governments of CARICOM States and
their social partners are in pursuit of building a national consensus on economic
and social policy, with the vision of developing a system of labour and social relations
consistent with international standards, norms, and principles. These standards
and principles are reflected in policy, legislation and practice by corporate enterprises
in these States. The standards are set out in international and regional instruments,
in particular, the basic labour Conventions of the ILO. These fundamental labour
standards are embodied in the ILO Declaration on Fundamental Principles and
Rights at Work, adopted by the International Labour Conference (ILC) in June
1998. Developing countries in the Americas, to which CARICOM States belong, recognize
and uphold basic workers rights as set out in ILO's core labour standards. It is
argued that the monitoring and enforcement of these standards should remain within
the domain of the ILO and its supervisory machinery, and that labour standards should
not be integrated in trade agreements. The fear is that the linkage will be used
to introduce new trade barriers, which can deny market access, and result in the
loss of jobs through the collapse of vulnerable industries and enterprises. In such
circumstances, poverty will prevail, thus impacting on and endangering the prosperity
of the whole region. Persistent poverty is a threat to peace and stability. The
idea is that poverty alleviation and its rapid reduction is one of the difficult
challenges for the Americas in this era of free trade. It is important to note that
The Declaration of Quebec City (where the Heads of State and Government of
the Americas met), declared that free trade, without subsidies or unfair
practices, along with an increasing flow of productive investments and greater
economic integration, would promote regional prosperity, thus raising the
standard of living, and improving the working conditions of the people of
the Americas.
Problems for CARICOM in Relation to the FTAA
The Caribbean Community (CARICOM) faces urgent and undeniable challenges: the challenge
to regional economic integration in the creation of the CARICOM Single Market and
Economy, the challenge to establish new relationships with countries in the Americas
under the process leading to free trade, the challenge to maintain and forge new
relationships with Europe, and the challenge of the global community in the World
Trade Organization (WTO). These encompass challenges of global competition, trade
liberalization, deregulation and privatization which exert tremendous pressure
on established employment relations, job security, and labour relations both in
the private and public sectors. The small, vulnerable economies of CARICOM States
face the challenge to compete with large and strong economies, and to mediate the
process of Hemispheric integration - the FTAA. The FTAA challenges small, less developed
countries to come to grips with the need for increasing competitiveness in the new
international environment. These countries are constrained to prepare their economies
for increasing competition in response to international trends favouring an increasing
globalization of production and liberalization of trade. There is also the problem
of vulnerability of macro-economic policy. What this suggests is that the exchange
rate may go up in countries where the domestic finances are not strong enough to
deal with the freeing up of the broader financial services. Furthermore, there are
the prospects for more interdependence. This is so, in the sense that, while countries
will profit from having one set of trade arrangements for the Hemisphere, they may
also find that they lose some of their independence as the FTAA creates new interdependent
relationships. It is therefore critical that these countries strengthen their internal
capacity so as to improve their prospects for participation in the FTAA.
Benefits for the Caribbean Through the FTAA
The FTAA should facilitate free access to a Hemispheric market. Through this, countries
can trade with other countries that are outside of their own sub-regional trade
groupings within the Western part of the world. Jamaica, for example, would be able
to trade with other countries, not in CARICOM and outside of the United States.
One of the major benefits is the reduction in the cost of trade. This means that
trade in the Hemisphere should cost less depending on the agreements made in the
regions and sub-regions. Furthermore, there should be a widening and deepening of
regional integration. The idea is that the region could grow closer and stronger
with improved political ties, better free trade arrangements, growth in trade and
investment and an increased variety of exports.
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Labour in the Context of The
Caribbean Single Market
In 1989, 13 of the now 15 members of CARICOM decided on an integrated development
strategy to chart their way into the 21st century. These 15 members’ states include:
(Antigua and Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica,
Montserrat, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname,
Trinidad and Tobago). This decision was driven by the need to deepen the assimilation
process and reinforce the Caribbean Community in all of its proportions to respond
to the challenges and opportunities presented by changes in the global economy.
Chief among these, were the liberalization of trade and other economic activities,
the deepening phenomenon of globalization and the emergence and expansion of regional
economic blocs. The idea is that the CSME gives
this region of small states the benefit of greater critical mass, pooled resources,
improved ability to recruit skilled workers, source inputs from resource rich locations
and achieve greater economies of scale for enhanced external competitiveness.
Clearly then, a united Caribbean Community with the deepening of the
integration process by systematically removing barriers/ tariffs and restrictions
and coordinating economic policies, is better equipped to cope with the global challenge
than members states acting individually.
This strategy or decision which was elaborated in the Grand Anse Declaration has
as its key features:
·
Deepening economic integration by advancing beyond a common market
towards a Single Market and Economy.
·
Widening the membership and thereby expanding the economic mass of
the Caribbean Community – thus Suriname and Haiti were admitted as full members
in 1995 and 2002 respectively.
·
Progressive insertion of the region into the global trading and economic
system by strengthening trading links with non-traditional partners.
The strengthening of CARICOM’s participation in the global trading arena has been
done through a series of bilateral trade agreements with Venezuela, Colombia, Dominican
Republic, Cuba and most recently, Costa Rica – as well as by the full and effective
participation in multilateral and other major trade negotiations, e.g., the World
Trade Organization, the renegotiation of the Lomé and Cotonou arrangements with
the European Union and the FTAA. As a result, CARICOM has been very active in implementing
all three components of this strategy.
In examining the idea of the CSME it is important to make the point that the Revised
Treaty of Chaguaramas provides the legal basis for the operation of the CSME. One
will recall that the treaty of Chaguaramas is the Treaty which established
the Caribbean Community (CARICOM). It was first signed at Chaguaramas, Trinidad,
on 4 July 1973. In 1989 it was revised through nine protocols to facilitate the
establishment of the CSME. Furthermore, matters regarding the legal interpretation
of the Treaty will be addressed by the Caribbean Court of Justice (CCJ) which was
inaugurated in April 2005.
The CSME is designed to represent a single economic space where people, goods, services
and capital can move freely. This will also require the harmonization and coordination
of social, economic and trade policies by participating member states. What this
suggests is that the two major components, that is, single (i) market and (ii) economy
needs careful examination. The idea is that The Single Market: - on
becoming a reality will allow CARICOM goods, services, people and capital to move
throughout the Caribbean Community without tariffs/barriers and without restrictions
so as to create a single large economic space, and to provide for a harmonious economic
regime and trade policy for all CARICOM States; The Single Economy: -
will facilitate the coordination and harmonization of inter alia foreign exchange
and interest rate policies, tax regimes, laws and common currency, among other things,
so as to achieve more homogenous economic performance across CARICOM member states.
Both arrangements should lead to greater efficiency for the benefit of the region.
Furthermore, successful regional integration requires the
commitment of a strong and dynamic private sector. The private sector must be more
directly involved in regional policy making. This entails institutional strengthening
of regional private sector organizations. The establishment of regional private
sector associations in newly emerging sectors (IT, financial sector, etc.) should
be supported. The CSME can give support to the private sector through institutional
strengthening, entrepreneurship development and appropriate frameworks
for investment incentives.
Within the framework of the CSME, there are two types of competitiveness that exists.
These according to Dr.Gem Fletcher are National Competitiveness and Enterprise
Competitiveness. National Competitiveness proposes for consideration that
the national economy needs to carve its place in the global market for its exports
of goods and services as well as being able to attract investment for its growth;
while Enterprise Competitiveness is primarily concerned with risk taking
in order to make a profit in domestic, regional and international markets. The idea
is that both National and Enterprise competitiveness are mutually supporting and
as such, must be the enabling environment where the policies, infrastructure and
legal and regulatory environment is conducive to achieving both points of the combined
force. The CSME serves as the facilitatory framework which enhances the chances
for success. Of the combined thrust’ and international markets
It should be noted that the Prime Minister of Barbados, Hon. Owen Arthur has the
lead responsibility for the CSME. Jamaica’s role in the implementation of the CSME
is to work with the other members of CARICOM, to ensure that all the Protocols are
implemented. Jamaica also has the responsibility for External Negotiations under
the CSME. Prime Minister Patterson chairs the Prime Ministerial Sub-Committee on
External Trade Negotiations. Through the Regional Negotiating Machinery and under
the direction of the Prime Ministerial Sub-Committee, CARICOM has been coordinating
its participation in the negotiations for the Free Trade Area of the Americas (FTAA),
the World Trade Organization (WTO) and Coutonou, the new trading arrangements with
the European Union. As the Caribbean Community intensifies its efforts to transform
itself into a single economic space through the creation of the CSME, there are
many challenges which confront the Region. These include synchronizing its external
and internal arrangements where the capacity to grant reciprocity in free trade
arrangements is concerned, and to maintain advantages to operators in the Single
Market. A major challenge is how to ensure that the external partnerships reinforce
and strengthen the internal arrangements. One of the major
concerns for people is the potential for an increase in unemployment as a result
of more persons competing for the few available jobs. There is also the issue of
increased pressure on social institutions and the question of whether Caribbean
countries have the resources to deal with increased crime rates, poverty and unemployment.
These issues are yet to be addressed.
However, CARICOM’s major priority at this time is to give effect to a trade in services
regime, which will provide for the establishment of enterprises throughout the community
and the free movement of capital and certain categories of skilled labour, leading
to the free movement of persons. Furthermore, a framework for strengthening the
region’s dispute settlement mechanisms, which will also include the Caribbean Court
of Justice, has also been established in the amended Treaty of Chaguaramas. It should
be noted, that some CARICOM Member States including Jamaica have started this process
of institution building and restructuring. These changes, however, require enormous
resources for a successful transition. It will take time and must be managed carefully
to avoid social dislocation and policy reversal.
As one further examines Jamaica role within the CSME
it is important to note that we (Jamaica) have enacted the Revised Treaty of Chaguaramas
into domestic law and have established a CSME Unit within the Ministry of Foreign
Affairs and Foreign Trade along with an Inter-Ministerial Consultative Committee to coordinate
the
implementation process. This committee comprises ministerial
and
other representatives of the Ministries of Foreign Affairs, National Security, Agriculture,
Commerce, Science and Technology, Finance and Planning, Labour and Social Security
and the Attorney General’s Department. “Under the Free Movement of Persons category, Jamaica has
already enacted the Caribbean Community (Free Movement of Skilled Persons) Act,
1997 entitling five groups of CARICOM nationals and their dependents to offer services
in Jamaica without the need for work permits”. This under the Revised Treaty, enables
university graduates, media workers, sports persons, artistes and musicians,
service
providers, supervisory or technical staff. and self-employed
persons engaged in activities of a commercial, industrial or agricultural nature,
to establish a business in any other Member State without restrictions. It entitles
these five categories and their dependents to offer services in Jamaica without
work permits.
Regionally, agreement has been reached on the implementation
of two lines at the ports of entry, one for CARICOM nationals and the other for
non-CARICOM nationals, which Jamaica has already complied with. The Revised Treaty
of Chaguaramas provides for the establishment of a regime for trade in services
similar to the trade in goods and the government has already started taking action
towards meeting its commitment .
The CSME will also aid entrepreneurs to
·
transfer money to another country without having to
obtain prior authorization,
·
buy shares in any company in any member state and
·
access a wider pool of skilled persons from which to
recruit. The establishment of the CSME is intended to assist member states of CARICOM
to achieve national objectives such as sustained economic development and expansion
of trade, full employment of all the factors of production, improved standards of
living and work and effective economic relations with other countries. What this
means is that the implementation of all the major elements of the CSME will result
in a single, seamless economic space within which all transactions will take place.
As such, another aspect of the CSME that is in progress is the establishment of
a Regional Accreditation Body which is designed to oversee authorization and equivalency
of degrees, diplomas, certificates and other qualifications.
In addition to facilitating improved ability to recruit
skilled workers from across the region the CSME will also allow for increased job
opportunities for all CARICOM nationals as well as enhanced access to specialized
training and technology transfer which will serve to expand the knowledge base and
enhance possibilities for skills development in the various sectors. From an anthropological/sociological
perspective the CSME will promote a greater sense of regional identity and cross-cultural
interaction and individuals, communities and other groups stand to benefit from
greater exposure cultural norms and practices from across the region
The regime governing the free movement of goods is fully implemented.
Trade in Goods
Jamaica, along with most other Member States, apply the Common External Tariff
(CET). All goods which meet the CARICOM rules of origin are traded duty free throughout
the region (except The Bahamas). There are, however, some areas still to be developed:
These include:
n
Treatment of products made in Free Zones – there is need for regional
agreement on how these goods are to be treated.
n
The removal of some specific non-tariff barriers in various member-states
– national action required/none for Jamaica.
In order to engage in the free movement of goods there has to be a guarantee that
goods and services are of an acceptable standard. To this end, CARICOM members have
established the Caribbean Regional Organization on Standards and Quality (CROSQ).
This Organization was established by a separate agreement and has been implemented
in domestic law in Jamaica by the Caribbean Regional Organization on Standards and
Quality Act. The Organization will be responsible for establishing regional standards
which all Member States must adhere to in the manufacture and trade of goods.
Notwithstanding the obvious affirmatives, one needs
to make mention of certain critical challenges such as the resistance to change
that some stakeholders are expected to demonstrate towards the changes required
by the CSME. The Ministry of Foreign Affairs and Foreign Trade is already engaged
in facilitating partnerships between civil society and private sector groups at
a national and sectoral level. It is hoped that this strategy will help to facilitate
the movement towards the attainment of national objectives under the CSME.
.
TRAINING AND CERTIFICATION: THE IMPLICATIONS FOR WORKFORCE PREPAREDNESS
AND THE CSME
A major human resource challenge in the Caribbean Community is the preparation of
national workforces to effectively deepen the process of implementing the CARICOM
Single Market and Economy (CSME). Furthermore, as the Caribbean community moves
toward a policy establishing the free movement of skilled labour, specific issues
with regard to implementation arise. These issues include the authentication processes
of a worker’s skills and the paths for learners to take in obtaining regionally
recognized skill qualifications. In addition, for institutions these issues
raise concerns about the quality of training content, and the substantiation of
national occupational standards. Other CSME issues that require national attention
include instructor certification, institutional credibility and how to involve government,
trade unions and employers in the “pre and post-job” training processes.
With all those issues in mind, the CARICOM Single Market and Economy
(CSME) has among its primary objectives: improved standards of living and work,
full employment of labour and other factors of production, enhanced levels of international
competitiveness and increased production and productivity. The
regimes governing the free movement of goods, services, capital and
the right of establishment in the CSME collectively seek to place the region’s economies
in a position that would allow them to provide additional job opportunities for
all CARICOM nationals and so encourage labour mobility. It is worth mentioning that
labour will be attracted to where returns are the highest and production is organized.
The free movement of persons provides in large measure, ways and means
by which labour mobility is encouraged as well as social protection to workers and the mechanisms which will serve to
provide Member States with an adequate and competent supply of labour.
The Importance of Developing Proper Training facilities for Regional
Employment
The employment challenge in the Caribbean, as in the rest of the world, is a multifaceted
mix of issues coupled with economic and social development. Even with the best of
training programmes, training by itself cannot create jobs without a vibrant economic
and social environment. The challenge of employment creation is most effectively
addressed when examined in the larger context of issues associated with a region's
socio-economic environment. The work of the ILO attests to this approach by promoting
the concept of decent work through various interrelated themes such as employment,
poverty reduction, productivity, social dialogue, and labour standards. It can be
recalled that the ILO’s concept of decent work endorses the idea of access to employment
in conditions of freedom as well as the right to participate and a voice at work
directly and indirectly through self-chosen representatative organizations. It is
within this context of a coordinated approach to employment promotion that issues
associated with strengthening national human resource (HR) development will be discussed
or explored.
The region’s current employment challenges are partly fueled by archaic and ineffective
learning systems that have been unable to address national and regional issues.
The idea is that as nations in the region move from labour intensive industries
and prepare a more informed workforce, there is recognition that redesigned national
training delivery systems, appropriate to national conditions and practice, are
needed. Knowledge-enriched jobs in the service sector, light manufacturing, financial
services, agro- processing, new types of agriculture, farming, energy exploration
and eco-tourism among other sectors, require more effective learning systems. Assisting
this human resource value chain of integrated functions at the national level is
critical to the region’s employment dynamics.
Steps to Strengthen Employment Training in the Caribbean
A number of practical steps can be immediately undertaken to strengthen workforce
education and training. Implementing the CSME and dealing with related issues associated
with national employability will require national accreditation and standardization
of occupational skills. To implement these new requirements, many national education/training
systems will need to be restructured so that the regional
labour force, as well as investors, can benefit from a single economic space. The
four recommendations that follow deal with issues associated with national workforce
preparation including implementation of the CSME:
(1) Developing and implementing a national vocational training policy
Caribbean experiences have indicated that applying a training policy and legislative
framework to deal with human resource issues promotes greater educational continuity.
Countries having such frameworks have demonstrated that:
- Training and education-related policies can articulate the placement
of vocational education and training as part of a life-long learning process - a
process that gives emphasis to basic education and technical core competencies,
yet flexible enough to recognize skills learned through formal and non-formal learning.
- The process of developing a vocational training policy can help
reorient existing training systems. Policies can provide stability, which may mean
that programmes are less volatile to not only changes in government but the movement
of senior decision-makers as well. The idea is that policies provide a foundation
to promote continuity of educational quality associated with the discussions on
national skill standards and regional qualifications; these are issues at the core
of the discussion regarding the CSME free movement of skilled labour.
(2)
Establishing and strengthening a national training apex agency
Apex coordinating bodies with responsibility to implement training policy are critical
in confronting issues associated with developing a national workforce. In the Caribbean
such apex bodies are referred to by different names. Often known as national training
agencies (NTA), TVET councils, or ministerial focal points, their role includes
monitoring and coordinating employment-focused training and education, and in one
case training delivery. The scope and impact of the work of these agencies is set
by guidelines. For this reason policy development is a critical element in determining
the power a national apex agency will have to develop a nation’s workforce.
Currently three national apex agencies exist in the Caribbean. The experiences of
these three national training agencies helps to provide the region with a wealth
of technical expertise and good practices that are available for regional replication.
They have incorporated international
skill competencies in setting national vocational qualifications (NVQ). These agencies
were created with the aim of narrowing the skill gap by promoting flawless educational
infrastructure. Countries without strong policies have for the most part weak workforce
training programmes. Therefore the major issue faced by these national apex agencies
in the Caribbean is not a lack of understanding of what needs to be done to strengthen
workforce development, but rather access to human, financial and legislative frameworks
for implementation.
(3)
Increasing industry collaboration through strategic alliances
Much of the success by national Technical and Vocational Education and Training
(TVET) apex agencies can be tied to their linkage with industry and employer and
worker representatives. This linkage has led to the identification of national labour
market needs, expanded work site training opportunities, and the articulation of
skill competencies required for occupations. The view that a national approach to
workforce development requires industry support has long been acknowledged by trade
unions, employers and increasingly by Government. The acceptance of industry’s involvement
as a partner to improve the quality of a nation’s workforce has been too long in
coming as it is only in the last decade that the movement to utilize industry identified
skills by TVET agencies has gained meaningful acceptance. Part of this interest
can be directly linked to implementing strategies associated with the free movement
of labour in the region. With the implementation of the Caribbean Vocational Qualification
(CVQ) and the establishment of the Caribbean Association of National Training Agencies
(CANTA), the region should see greater collaboration at the macro-level of national
apex agencies and the business community. CANTA has envisioned the potential of
this social action agenda by establishing a membership category to promote this
type of sector and cross-sector linkage. As the Caribbean establishes a regional
accreditation framework, access to business decision makers and the opportunity
to nurture commercial business alliances should increase - crucial ingredients for
expanding the region's workforce.
(4) Promoting knowledge exchange through greater national and regional
cooperation
While strategies to promote workforce development are strengthened by developing
national training policy, the process of establishing a national TVET apex agency,
and promoting strategic alliances between industry and TVET training agencies requires
acceleration. Actions in this process include identifying successful models and
good practices in the Caribbean and promoting them through greater alliance between
industry, government and training providers within the region. Furthermore, employment-related
knowledge sharing is another good practice trend in the Caribbean. Promoting knowledge
exchange helps to avoid duplication of training efforts, provides good practices
for replication and can help to solidify the region’s skill standards and qualifications
framework. The history of this process and how it came about is an example of inter-regional
knowledge transfer - a process that has been building in momentum over the last
decade.
WORKFOCE PREPARATION FOR THE CSME IN TERMS OF TRAINING/CERTIFICATION
The
Caribbean Association of National Training Agencies
In 1990, the Caribbean Community (CARICOM) articulated a position on the development
of Technical and Vocational Education and Training (TVET) in the region. Caribbean
Community member states have long realized the importance of TVET in relation to
workforce development and economic competitiveness and have made individual country-level
efforts to establish their training systems. The need for the coordination and rationalization
of TVET and the move to establish a CARICOM Single Market and Economy (CSME) including
proposals for the free movement of certified skilled labour, have prompted National
Training Agencies (NTAs) in the region to exploit the benefits of joint and concerted
efforts by establishing among themselves the CANTA. CANTA is designed as
a regional certification system, which is labelled the Caribbean Vocational Qualifications
(CVQs) to accredit a standard and uniform delivery of competency-based technical
and vocational education and training and certification within the CSME so as to
ensure acceptance and recognition of the qualification/certification throughout
the Caribbean and the international community. To achieve this objective CANTA
is expected to:
(a)
Maintain the five-level standard qualification framework of competency-based vocational
qualifications based on validated Caribbean and international occupational standards.
LEVEL 1
- Directly supervised
worker
LEVEL 2 -
Supervised skilled worker
LEVEL 3 -
Independent/Autonomous skilled worker
LEVEL 4 -
Supervisory specialist worker
LEVEL 5 -
Managerial, professional worker
(b)
Promote career and vocational guidance in educational institutions, communities
and workplaces throughout the CSME, providing information on current and emerging
career and job opportunities to assist in better focusing education and training
initiatives and facilitate informed career choices by citizens of CSME member states.
(c)
Support and contribute to the establishment and maintenance of relevant local
and regional Labour Market Information Systems (LMIS).
(d)
Provide accreditation, assessment and certification, based on established occupational
standards.
(e)
Promote the image and status of Technical and Vocational Education and Training
(TVET) in the region in ways that are deemed necessary to create awareness of and
foster positive attitudes toward TVET and the building of a competitive CSME workforce.
(f) Design curricula
and supporting learning materials in accordance with established occupational standards.
Today the region boasts National Training Authorities in Barbados,
Jamaica, and Trinidad and Tobago.
Working within the framework of the social
partnership of workers, employers and Government, the Caribbean TVET community subscribes
to the philosophy and practice of competency-based education and training.
This is founded on prevailing, locally validated, international occupational standards
which describe the specific knowledge, skills and attitudes persons must acquire
and demonstrate to be certified at any level with a National Vocational Qualification
(NVQ) in any occupation. What this means is that any person certified with
an NVQ in an occupation in the region, is equally competent with his or her counterparts
certified with their NVQs in that occupation anywhere else in the region.
The Caribbean TVET community has also developed significant expertise
and demonstrated the capacity to accredit training institutions and programmes and
to assess and certify persons, including assessment of prior learning and acquired
competencies. The articulation of competent, certificate holders between training
institutions and programmes in the region is easily facilitated based on shared
common standards. The smooth matriculation to various levels of employment
and work, based on the levels of certification earned, truly empowers and recognizes
the workforce and contributes to the development of human capital as well as individual
and regional competitiveness. The idea is that the training authorities provide
countries within the region with the flexibility to respond on a national scale
to facilitate training or retraining, as new occupations emerge or old occupations
and skill sets become obsolete.
The
CSME provides ways and means by which the main labour issues of job creation, labour
mobility, competitiveness and good labour relations can be addressed both from the
national and regional perspectives. Training is a vital part of regional development
in terms of providing persons with the opportunity to enhance their skills in areas
of high demand throughout the region. The Government, the Private sector as well
as the people all have a vital role to play in order to ensure that the CSME provides
the Caribbean with the opportunity to grow and develop in all its sectors.
1. What does CSME mean?
Ř
CSME means CARICOM Single Market and Economy.
2. What is the CARICOM Single Market and
Economy all about?
Ř
The CSME refers to the creation of a single large market and economic space among
12 Caribbean nations as opposed to 12 separate and distinct markets and economies,
each governed by its own rules and separated by difficult barriers. It allows
for free movement of CARICOM goods, services, people and capital in the participating
Member States through the removal of monetary, legal, physical, technical and administrative
barriers which have historically prevented such activities from taking place.
It is a structure that ought to facilitate harmonization
of economic, monetary and fiscal policies and measures in the participating States.
3. When was the CSME formed?
Ř
It was formed in 1989 out of the revised Treaty of Chaguaramas. This Treaty established
the Caribbean Community (CARICOM). It was signed at Chaguaramas, Trinidad, on 4
July 1973 and was later revised to establish the CSME.
4. Which
countries are involved in the CSME arrangement?
Ř
The countries are Suriname, Trinidad and Tobago, St. Lucia, St. Vincent
and the Grenadines, Jamaica, Antigua and Barbuda, Belize,
Dominica, Barbados, St. Kitts and
Nevis, Guyana and Grenada.
5. Who has
the lead responsibility for the CSME?
Ř
The Prime Minister of Barbados, Honourable Owen Arthur.
6. How will the CSME help disadvantaged
countries in the region?
Ř
Protocol VII of the revised Treaty of Chaguaramas was designed with the aim of assisting
disadvantaged countries and sectors towards becoming economically viable and competitive
within the single market and economy through support programmes and mechanisms.
7. When is the CSME to be implemented?
Ř
The single market aspect was implemented on January 1, 2006, while the single economy
is scheduled for the year 2008.
8. What
is Jamaica’s role in the implementation of the CSME?
Ř
Jamaica’s role in the implementation of the CSME is to work with the other members
of CARICOM, to ensure that all the regulations are implemented.
9. What are some of the benefits to Jamaica?
Ř
It is expected that some of the benefits will include
the expansion of job opportunities across the region for Jamaicans with the required
qualifications/skills.
Ř An increase
in the goods and services available to consumers.
Ř
Greater access to a larger market for service providers including
those offered by professionals.
Ř
Enhanced access to specialized
training and technology transfer which will serve to expand the knowledge base and
capacity building skills in various sectors and locations.
Ř
More opportunities for self-employment throughout
the region.
10. How will the CSME benefit me?
The CSME will offer:
Ř Greater possibilities for travel.
Ř Increased employment opportunities which may result in improved
standards of living.
Ř Opportunities for Jamaicans and other CARICOM nationals to
study and work in CARICOM countries of their choice.
Ř
More competitive products of
better quality and prices.
Ř
Increased production and trade
in goods and services in a combined market of over 6 million persons and the opportunity
to establish a business in another Member State.
Ř
Greater opportunities for the
development of small businesses as well as access to a much larger market for products.
11. How will people be able to travel under the CSME arrangements?
Ř
Each member state has the job of implementing the necessary
policies and administrative arrangements to facilitate the free movement of skilled
persons. Such polices include the issuance of a CARICOM Passport.
12. What is the role of the Ministry of
Labour and Social Security in relation to the
CSME?
Ř
The role of the Ministry is to provide information as to how persons can compete
effectively within the labour market, through the further development of labour
market information (LMI). This means that relevant data on the types of skills needed,
where they are needed, opportunities within the region for training, and sectors
which are expanding and contracting will now be provided to the public. The Ministry
of Labour and Social Security in Jamaica also has the role of facilitating the free
Movement of Skilled Persons specifically through the provision of the
Certificate of Recognition of CARICOM Skills Qualification. Furthermore the Ministry
is seeking to educate the public about matters related to the CSME.
13. What is 'free movement'?
Ř This means that provisions have been or are being put in
place to allow for the movement of - goods, services, capital and people across
Participating States of the Caribbean Community, without restrictions. This is to
facilitate a more efficient and competitive production of goods and services for
both regional and international markets.
14. What is the free movement of skilled persons/labour?
Ř
The free movement of skill/labour entails the right of a CARICOM National
to seek work or engage in gainful employment in participating CARICOM Member States
as either a wage-earner or non-wage earner, without the need to obtain a work permit
in the Member State in which he/she desires to work.
15. Under the “free movement of skilled persons” will
I be able to work in any CARICOM country of my choice?
Ř At this time the “free movement of skilled persons” allows
for the removal of work permits for University graduates, media workers, sports
persons, musicians, artists, managers, supervisors and other service providers.
Workers in these categories can now move freely to another Member State and enjoy
the same benefits, rights and conditions of work and employment as those given to
nationals of the host country.
16. What system will be in place to ensure that
those persons who are moving have the correct certification?
In order to encourage the free movement of CARICOM nationals, a 'Certificate of
Recognition of Caribbean Community Skills Qualification' (CARICOM Skills Certificate
of Recognition) may be obtained from the relevant authority. In applying for the
CARICOM Skills Certificate of Recognition, the applicant must submit an original
and a copy of the prescribed form, the applicant’s birth certificate, the applicant’s
passport, three passport size photos, the applicant’s marriage certificate, if any
and academic certificates. There will be mechanisms in
place for certifying and establishing equivalency of degrees, diplomas and certificates
through the national, sub-regional or regional accreditation bodies. The national
and sub-regional accreditation bodies will assess the qualification of CARICOM nationals
in case of doubt; while the regional accreditation body will set the standards and
procedures to be adhered to by all participating states.
17. Would I be at a disadvantage for benefits if I were
to work in another CARICOM territory?
Ř
There are a number of support measures in place to facilitate the
free movement of skills. This includes the reciprocal social security agreement
which seeks to secure entitlement to social security benefits as one moves from
one country to another. The CARICOM Agreement (National Insurance and Social Security
Order 1997) allows access to the following social security benefits:
§
Invalidity pensions
§
Old age or retirement pension
§
Survivors or widows/widower’s pension
§
Disablement pensions
§
Death benefits in the form of pensions or employment injury death.
The reciprocal agreement provides for the linking of national insurance contributions
made in each country and for the payment from one or more of the schemes.
18. Can skilled persons who are going to
work in another member state bring their families with them?
Ř
Yes, persons are allowed to bring their immediate families, for example wife/husband
and children.
19. Can self employed persons participate
in the CSME arrangement?
Ř
Yes, CARICOM nationals have the right to work as self employed persons in any participating
member state.
20. What is the free movement of services?
Ř It gives nationals of the participating Member States the
right to provide services throughout the community. As such they will have access
to resources on a non-discriminatory basis for the purpose, which is directly related
to the provision of services. Service providers also have access to over six million
people throughout the Community.
Status Report
2006
CARICOM Single
Market and Economy
The year 2006 has signalled the implementation of the Single Market aspect of the
CSME. On
January 30, 2006, all Member States participating in the CSME reaffirmed their
commitment to the regional integration process by either signing on to the Declaration
of the coming into being of the CARICOM Single Market (CSM) or the
Declaration of intent.
Barbados, Belize, Jamaica, Guyana, Suriname, and Trinidad and Tobago have all made
the required arrangements to facilitate the CSM.
The countries
that signed the Declaration of intent, at the start of the year have all signed
on as Member States on July 3, 2006.These countries include Antigua and Barbuda, Dominica, Grenada, St.Kitts and Nevis,
St.Lucia and St.Vincent and the Grenadines. This action brings into full force the participation of all
twelve Member States. It also enables CARICOM nationals to be able to exercise their
rights as it relates to the free movement of persons, goods, services, capital and
business establishment in any of these twelve Member States. It should be noted
however that
Haiti's membership has been temporarily suspended as a direct result of the recent
political unrest. In addition to the temporary suspension, Haiti has not completed
its accession to the Revised Treaty of Chaguaramas and is therefore not a participant
in the Single Market and Economy.
Since the inauguration of the CSM, several developments have taken place. While
these developments are expressive of the progress made in deepening and advancing
the regional integration process; of paramount importance however, is the significance
and meaning of these developments to the implementation and operations of the Single
Market and later the Single Economy components of the CSME.
Developments in the Single Market
The
Free Movement of Skilled Persons, arises from an agreed CARICOM policy that was
originally separate but related to the original Protocol II of the Revised Treaty
of Chaguaramas. The agreed policy, called The Caribbean Community (CARICOM) Free
Movement of Persons Act, is now enacted legislation in all the CSME Member States.
It provides for the free movement of certain categories of skilled labour, but according
to the policy there is to be eventual free movement of all persons by 2008. Under
this legislation, persons within these categories can qualify for Skills Certificates
(which allow for the free movement across the region).
Since
the start of the CSM, eight categories of CARICOM nationals have been eligible for
free movement throughout the CSME without the need for work permits. They are: University
Graduates, Media Workers, Artistes, Musicians, Sportspersons, Managers, Technical
and Supervisory Staff attached to a company and Self-Employed Persons/Service Providers.
In addition the spouses and immediate dependent family members of these nationals
will also be exempted from work permit requirements. At the July 2006 CARICOM Summit,
it was agreed to allow for free movement of two more categories of skilled persons;
tertiary-trained Teachers and Nurses. Further considerations on higglers, artisans,
domestic workers and hospitality workers are to be added to the categories of labour
allowed free movement at a later date, pending elaboration by the Council of Human
and Social Development (COHSOD) of procedures for certification and accreditation.
It was also suggested that individual Member States can however enter into bi-lateral
agreements with each other to source categories of workers.
The Single Market in Operation
Though
the CSM came on stream officially in 2006, several countries in the region have
been gaining benefits from its early operations. Data from the CARICOM website reveals
that over two thousand (2000) Certificate of Recognition of Caribeean Community
Skills Qualification (Skills Certificate) have been issued to skilled CARICOM
Nationals wishing to access free movement.
Status of Key Elements
Caribbean Court of Justice
Since
disputes will inevitably arise under the revised Treaty establishing the CSME, CARICOM
Member States saw the importance of establishing a competent entity to resolve those
disputes and develop a body of community law. This body is known as the Caribbean
Court of Justice (CCJ) and it was established on February 14, 2001. The agreement
was signed on that date by the Caribbean Community (CARICOM) states of: Antigua
& Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica, St. Kitts & Nevis,
St. Lucia, Suriname and Trinidad & Tobago. Two further states, Dominica
and St. Vincent & The Grenadines, signed the agreement on February 15, 2003,
bringing the total number of signatories to 12. As an Appeal Court,
the CCJ is designed to give moral leadership to Member States in international Court;
the CCJ will ensure that the regional international movement develops along a structured,
sustainable and rule-based schema.
Furthermore, the CCJ will be the guarantor of the rights of CARICOM nationals, accorded
by the Revised Treaty. Important rights in this context are the rights of skilled
professionals to practice their professions in any jurisdiction of the Community
and for artisans and other specified categories of skills to provide services as
independent contractors in any area of the Caribbean Community. The Court will function
in two jurisdictions - an original jurisdiction and an appellate jurisdiction. The
CCJ in its appellate jurisdiction will apply the laws of the Member States from
which they are hearing appeals. In the exercise of its original jurisdiction, the
CCJ will be performing the role of an international Court, applying rules of international
law in interpreting and applying the revised Treaty of Chaguaramas.
The CARICOM Regional Organisation for Standards and Quality
Jamaica has signed off on an agreement to establish the CARICOM Regional Organisation
for Standards and Quality (CROSQ) and it has
been implemented into domestic law by the Caribbean Regional Organization on Standards
and Quality Act. CROSQ was established on February 4, 2002 as an intergovernmental
organization and the successor to the CARICOM Common Market Standards Council (CCSMC);
it was launched on April 01, 2003. The organization is deemed to promote a
homogeneous, transparent and credible environment, one which CSME needs if it is
to thrive. In addition its purpose is to facilitate trade by promoting the international
competitiveness of goods and services produced or provided in the Caribbean Community.
CROSQ was mandated to carry out four specific activities:
1. represent the interests
of the region in international and hemispheric standards work
2. promote the harmonization
of metrology systems and standards
3. increase the pace
of standards development in the region
4. Facilitate the resolution of CARICOM trade disputes where standards are involved.
Serving as a Regional Accreditation Body, in the implementation of its mandate CROSQ
would act as an enquiry, notification and information point for World Trade Organization
(WTO) related matters, on behalf of member states, and would provide international
representation for member states on standards related matters.
Whilst the CSM will maintain individual state sovereignty, Member States will have
specific portfolio assignments. Barbados’ portfolio, for example, is the
CSME, including the Monetary Union, while Antigua and Barbuda is responsible for
Services, including Information Technology and Telecommunications. For Belize, it
is Sustainable Development, including Environment and Disaster Management and Water,
while Dominica is responsible for Labour, including Intra-Community Movement of
Skills.
Grenada has the portfolio of Science and Technology; Guyana - Agriculture
and Food Security; Jamaica - External Trade Negotiations; St. Kitts and Nevis -
Health, including HIV/AIDS and Human Resource Development; St. Lucia - Justice
and Governance; and St. Vincent and the Grenadines - Bananas and Air Transport.
For
Suriname,
its portfolio responsibility is that of Community Development and Cultural Co-operation,
including Culture, Gender, Youth and Sport, and Trinidad and Tobago has Security
as this relates to Drugs and Illicit Arms, and Energy.
CARICOM Passports
It is expected that by 2008 there will be one CARICOM passport. Five Member States
have already introduced a passport that identifies its holder as firstly a CARICOM
national and secondly a national of the individual state. These are Suriname,
St. Kitts and Nevis, Dominica, St. Vincent and the Grenadines and Antigua and Barbuda.
Jamaica has reported that its CARICOM passport will be ready in January 2007.
Trade in Goods
All goods which
meet the CARICOM rules of origin are traded duty free throughout the region. This
means that all good originating within the region can be traded without restrictions. The regime governing the free movement of goods
is fully implemented.
Jamaica, together with Most Member-States, applies the Common External Tariff (CET)
on good originating from non-CARICOM countries. There are, however, some areas still
to be developed:
- Treatment
of products made in Free Zones – there is need for regional agreement on how these
goods are to be treated since they are usually manufactured at reduced tariff by
foreign companies.
- The removal
of some specific non-tariff barriers in various member-states.
Another key element
in relations to goods is Free Circulation. This provision allows for the free movement
of goods imported from extra regional sources which would require collection of
taxes at first point of entry into the CSME and for the sharing of collected customs
revenue.
Regional Accreditation
The free movement of persons requires that there be regional accreditation bodies
which can assess qualifications for equivalency. Member States have begun this process
by the conclusion on the Agreement on Accreditation for Education in Medical and
other Health professions. This Agreement establishes an Authority which will be
responsible for accrediting doctors and other health care personnel across the region.
The Agreement is in force among six states including Jamaica which will be the Headquarters
of the Authority. Legislation is to be drafted to enact this Agreement into domestic
law.
Concluding Remarks
The new developments within the CSM show that the region is heading in the right
direction in terms of integration. The integration of national economies is taking
place all over the world. The European Union is but only one, and perhaps the most
outstanding. It is worth mentioning that this integrative process will inevitably
have challenges. Such movements towards integration will spawn challenges in almost
every sphere as independent nations grapple with the idea of opening their economies
and societies to regional neighbours who will henceforth enjoy similar, if not identical
rights as citizens.
ESTABLISHMENT
OF THE CARICOM SINGLE MARKET AND ECONOMY
SUMMARY OF STATUS OF KEY ELEMENTS
|
ELEMENTS
|
STATUS
|
ACTION REQUIRED
|
|
1. TREATY REVISION
|
Currently applies
to 12 of the 15 CARICOM Member States
|
The Bahamas to decide
Haiti to complete process
Montserrat awaiting entrustment from U.K. because they are an overseas
territory of the
United Kingdom.
|
|
1.1 Signature of
Revised Treaty
|
Twelve (12) Member
States and Haiti have signed Revised Treaty
|
The Bahamas and
Montserrat to sign
|
|
1.2. Protocol on
Provisional Application of Revised Treaty
|
The twelve (12)
Member States have signed
|
|
|
1.3. Protocol on
the Revision of the Treaty
|
The twelve (12)
Member States have signed
|
|
|
1.4. Ratification
of Revised Treaty
|
The twelve (12)
Member States have ratified Revised Treaty
|
Dominica to deposit
instruments of ratification.
|
|
1.5. Enact Treaty
into Domestic Law
|
Barbados, Belize,
Jamaica, Saint Lucia, St Vincent and the Grenadines, Suriname and Trinidad and Tobago
have enacted Treaty into Domestic Law
|
All other Member
States to enact the Treaty
|
|
2. NATIONAL ADMINISTRATION
|
|
|
|
2.1. Ministry with
responsibility for CARICOM Affairs
|
The 12 Member States
and The Bahamas, Haiti and Montserrat have identified Ministry with responsibility
for CARICOM Affairs
|
|
|
2.2. National Consultative
System
- Inter-Ministerial Consultative Committee
- Business and Labour Advisory Committee
|
All Member States except Dominica have IMCC
5 Member States have confirmed formal BLAC- Antigua and Barbuda, Grenada, Guyana,
Jamaica, St Vincent and the Grenadines though other Member States have some arrangement
in place
|
Other Member States
to ensure establishment of systems
|
|
2.3. Establishment
of CSME Unit or focal point
|
All 12 Member States
and Haiti and Montserrat have formally identified a designated Official.
|
Member States to
support the effective functioning of its Focal Point
|
|
3. ENFORCEMENT,
REGULATION AND SUPPORTING INSTITUTIONS
|
|
|
|
3.1. Caribbean
Court of Justice
|
|
|
|
3.1.1. Signature
of Agreement
|
The twelve (12)
Member States have signed
|
The Bahamas and
Montserrat to sign
|
|
3.1.2. Ratification
of Agreement
|
Eleven (11) Member
States have ratified the Agreement.
The Agreement entered into force with the deposit of the third instrument.
|
Of the Member States
which have signed - Antigua and Barbuda to deposit Instruments of Ratification.
|
|
3.1.3. Enactment
of Agreement into Domestic Law
|
Eleven (11) Member
States have enacted legislation giving effect to the Agreement
|
Trinidad and
Tobago to enact legislation giving effect to Agreement
|
|
3.2. CARICOM
Regional Organisation for Standards and Quality (CROSQ)
|
|
|
|
3.2.1.Signature
of Agreement establishing CROSQ
|
Agreement signed
by the twelve (12) Members
The Agreement is being provisionally applied among these Member States.
|
Montserrat to sign,
which signature will bring the Agreement into force
|
|
3.2.2. Enactment
of Agreement into domestic law
|
Belize, Jamaica
and Suriname have enacted the Agreement into law
|
Other Member States
to indicate status enactment or to enact into law
|
|
3.3 National
Standards Bodies
|
National Standards
Bureaux established in eleven (11) Member States.
|
Efforts being made
to establish NSB in Suriname as well as Montserrat
|
|
3.4 National
Competition Authorities
|
National Competition
Bodies established in Barbados, Jamaica and St. Vincent and the Grenadines.
|
All other Member
States to establish national competition authorities.
|
|
4. FREE MOVEMENT
OF GOODS
|
|
|
|
4.1 Tariffs and
Non-Tariff Barriers
|
Task Force established
by COTED to review existing NTBs against intra-regional trade. A proposed Schedule
for Removal of Unauthorized NTBs is being considered by Member States and COTED
|
|
|
4.1.1 Removal of
unauthorized import (or equivalent) duties on goods of Community Origin
|
(i) Belize applies
a Revenue Replacement Duty on a specific list of goods of Community Origin;
(ii) St. Kitts and Nevis applies an unauthorized import duty on beer, pasta and
aerated beverages from St. Lucia;
|
(i) Belize to remove
discriminatory application of Revenue Replacement duty on goods of Community Origin.
(ii) St. Kitts and Nevis to remove application of import duty on beer, pasta and
aerated beverages from St. Lucia.
|
|
4.1.2 Removal of
export duties on goods of Community Origin
|
Suriname applies
an export tax on lumber of Community Origin
|
Suriname to remove
the application of the export tax on lumber.
|
|
4..1. 3 Removal
of discriminatory Internal Taxes and Other Fiscal Charges
|
Discriminatory taxes
and charges have been identified as follows:
Discriminatory Environmental
Levy applied by Antigua and Barbuda, Barbados and Grenada on goods of Community
origin.
Discriminatory Environmental
Tax applied by Belize and Guyana
[Discriminatory]
Bottle Deposit Levy applied by St. Vincent and the Grenadines.
A [discriminatory]
Inspection Fee is applied by Trinidad and Tobago on certain goods of Community origin.
A [discriminatory]
Consent Fee is applied by Suriname on all imports of Community Origin.
Discriminatory Consumption
Tax applied by Antigua and Barbuda on all imports of Community origin; and by Guyana
on imports of apparel of Community origin.
Montserrat applies
a Special Produce Import Tax on wine, beer and rum of Community origin.
|
Member States to
remove those discriminatory application of Internal Taxes and other Fiscal charges
on goods of Community Origin that have been confirmed
|
|
4.1.4 Removal of
unauthorized import licenses on goods of Community origin
|
Import licenses
applied by Antigua and Barbuda, Saint Lucia and St. Vincent and the Grenadines on
various goods of Community origin.
|
Unauthorised Import
licenses to be removed from goods of Community Origin.
|
|
4.1.5 Removal of
Quantitative Restrictions
|
St. Vincent and
the Grenadines maintains prohibitions on certain agricultural products from Grenada,
Jamaica and Trinidad and Tobago.
|
Quotas and Prohibitions
to be removed
|
|
5. FREE MOVEMENT
OF SERVICES
|
|
|
|
5.1. Removal
of Restrictions to Provision of Services
|
|
|
|
5.1.1.Notification
of Restrictions
|
New restrictions
identified to be confirmed by Member States by 31 January 2005 and notified to COTED.
|
|
|
5.1.2. Implementation
of Programmes for Removal of Restrictions
|
The Thirteenth Inter-Sessional
Meeting of the Conference in February 2002 formally approved the Schedules of Commitments
for removal of Restrictions by Member States, which took effect from 1 March 2002.
for phased removal by 31 December 2005.
The Conference has
agreed that Programmes for the removal of restrictions on international maritime
and air transportation would be negotiated at a later date.
Two- year derogation
granted to Montserrat from its obligation to implement Programmes, expired on 28
February 2004. Montserrat’s schedule for removal of restrictions has been approved
by to the Conference in November 2004.
|
Legislative and
administrative action to be taken by all Member States to remove restrictions to
provision of Services by end 2005.
Programmes for the removal of restrictions on the provision of Transportation Services
to be developed
|
|
6. FREE MOVEMENT
OF PERSONS
|
|
|
|
6.1. Free Movement
of Skills
|
|
|
|
6.1.1. Implementation
of Skills Legislation [Free movement of University Graduates]
|
Legislation in eleven
(11) Member States
|
Antigua and Barbuda
to amend legislation work. Suriname to amend legislation to cater for indefinite
stay of CARICOM Nationals.
|
|
6.1.1.1 Regulatory
and Administrative arrangements for free movement of graduates.
|
Action to facilitate
free movement of graduates completed by 11 Member States
|
Antigua and Barbuda
to take the necessary action.
|
|
6.1.2. Implementation
of legislation for free movement of Artistes, Media Workers, Musicians, Sports persons
|
Ten (10) Member
States have explicit legal provision for free movement of artistes, media workers,
musicians and sports persons.
|
Antigua and Barbuda
and St. Kitts and Nevis to amend existing legislation to provide for free movement
of these categories
|
|
6.1.2.1. Regulatory
and Administrative arrangements for free movement of Artistes, Media Workers, Musicians,
Sports persons
|
Ten (10) Member
States have completed action to facilitate free movement.
|
Antigua and Barbuda
and St Kitts and Nevis to implement arrangements.
|
|
6.1.3. Legislative
and Administrative arrangements for Free Movement of Self employed service providers,
entrepreneurs, technical, managerial and supervisory staff, spouses and immediate
dependent family members, persons consuming services abroad.
|
Chapter Three expanded
the categories of persons eligible to move freely, to include Removal of Restrictions
on these additional categories at latest in accordance with the time line of December
2005.
|
Member States to
take legislative and administrative action to give effect to the free movement of
these categories by December 2005.
|
|
6.2. Contingent
Rights
|
The Revised Treaty
provides for the subsequent addition of a Protocol treating with Contingent Rights
|
The Secretariat
to commence work to consider the development of policy framework in this area.
|
|
6.3. Facilitation
of Travel
|
|
|
|
6.3.1. Elimination
of need for passport by CARICOM Nationals, for intra-regional travel (e.g use of
ID card)
|
Most Member States
continue to require CARICOM Nationals to present passports at ports of entry.
Guyana has amended its legislation to provide for acceptance of photo Ids.
OECS Members accept photo-IDs from other OECS nationals
Conference agreed that a common machine-readable passport should be used for intra-regional
travel
|
|
|
6.3.2. CARICOM Passport
|
Five member states
have introduce the passport: Suriname, St. Kitts and Nevis, Dominica, St. Vincent and the
Grenadines and Antigua and Barbuda
|
All other Member
States to introduce the CARICOM Passport as soon as feasible
|
|
6.3.3. Common E/D
Form.
|
Immigration and
other Regional Officials have agreed on core elements for a CARICOM E/D Form.
|
Member States to
agree on common design
|
|
6.3.4. Lines identified
for CARICOM and Non-CARICOM Nationals at Ports of entry
|
All 12 Member States
have implemented two sets of lines at ports of entry -
• Common
Lines for (their own and other) CARICOM Nationals; and
•
Lines for Non-CARICOM
Nationals / Visitors.
Montserrat also in compliance.
|
Member States to
monitor to ensure national treatment is accorded
|
|
6.4. Mechanism
for equivalency and accreditation
|
|
|
|
6.4.1. Establishment
of National and Regional Accreditation Infrastructure
|
Fully functioning
national body in Jamaica and Trinidad and Tobago.
Institution established in St. Kitts and Nevis with limited functions and Barbados
is seeking to operationalise its own Body;
Member States are at various stages in the process of establishing national institutions.
|
Member States to
implement COHSOD decision to establish National Accreditation bodies.
Inter-Governmental Agreement to be finalized and Regional Accreditation Body to
be put in place to oversee accreditation and equivalency.
|
|
6.4.2 Caribbean
Accreditation Authority for Education in Medical and Other Health Professions
|
The Agreement in
Force among six Member States –Antigua and Barbuda, Belize, Jamaica, Suriname, Trinidad
and Tobago. The Bahamas has also signed the Agreement which entered into force with
the fifth signature.
|
All other Member
States to sign the Agreement
|
|
6.5. Agreement
on Transference of Social Security benefits
|
|
|
|
6.5.1. Signature
and Ratification of Agreement
|
Agreement entered
into force on 1 April 1997.
Eleven (11) Member States and also The Bahamas and Montserrat have signed and ratified
the Agreement.
Suriname does not have a national social security system similar to that in other
Member States.
|
Suriname to regularize its Social Security arrangement.
|
|
6.5.2. Enactment
of Social Security Legislation
|
Eleven (11) Member
States, also The Bahamas and Montserrat have enacted national legislation to give
effect to the Agreement
Barbados, Dominica,
Guyana, St. Kitts and Nevis and Trinidad and Tobago processing claims under the
Agreement.
|
|
Updated June 2006
ESTABLISHMENT OF
THE CARICOM SINGLE MARKET AND ECONOMY
SUMMARY OF STATUS
OF KEY ELEMENTS
JAMAICA
|
ELEMENTS
|
STATUS
|
REMARKS
|
|
TREATY REVISION
|
|
|
|
1.1 Signature of Revised
Treaty
|
Jamaica has signed
|
|
|
1.2 Protocol on
Provisional Application of Revised Treaty
|
Jamaica has signed
|
|
|
1.3 Protocol on Provisional
Application of Revised Treaty
|
Jamaica has signed
|
|
|
1.4 Ratification of
Revised Treaty
|
Jamaica has ratified
|
|
|
1.5 Enactment of Treaty
into Domestic Law
|
Enforced into force
on December 1,2005
|
The Caribbean Community
Act 2004
|
|
2. NATIONAL ADMINISTRATION
|
|
|
|
2.1 Ministry with responsibility
for CARICOM Affairs
|
Ministry of Foreign
Affairs and Foreign Trade
|
|
|
2.2 Established of National
Consultative System (Inter-Ministerial Consultative and Business and Labour Advisory
Committees)
|
Inter-Ministerial Committee
established Regular consultations with business and labour organizations
|
|
|
2.3 Establishment of
CSME Unit or focal point
|
CSME Unit – Ministry
of Foreign Affairs and Foreign Trade
|
|
|
3. ENFORCEMENT, REGULATION
AND SUPPORTING INSTITUTIONS
|
|
|
|
3.1 Caribbean Court of Justice
|
|
|
|
3.1.1. Signature of
Agreement
|
Jamaica has signed
|
|
|
3.1.2. Ratification
of Agreement
|
Jamaica has ratified
|
|
|
3.1.3 Enactment of
Agreement into Domestic Law:
a. CCJ Act
b. Amendment to Judicature (Appellate Jurisdiction) Act
c. Amendment to Judicature (Appellate Jurisdiction) Act
d. Amendment to Diplomatic Privileges and Immunities Act
|
Done
Done
Done
Done
|
In light of recent Privy
Council ruling on the constitutionality of the previously enacted legislation, Jamaica
to enacted new legislation supporting CCJ in its original jurisdiction. Consequently,
a new Bill, The caribbean Court of Justice (Original jurisdiction) Act 2005, has
been passed by parliament.
Act will come into force
on a day appointed by the Minster of Justice.
|
|
3.2 CARICOM Regional Organization
for Standards and Quality (CROSQ)
|
|
|
|
3.2.1 Signature of Agreement
establishing CROSQ
|
Jamaica has signed
|
|
|
3.2.2 Enactment of Agreement
into domestic law
|
Legislation has been
adopted
|
Brought into force by
the appointed day notice 1 February 2005.
|
|
3.2.3 National Standards
Bodies
|
Jamaica has established
national body
|
|
|
3.3 National Competition
Authorities
|
|
|
|
4 FREE MOVEMENT OF
GOODS
|
|
|
|
4.1 Tariffs and Non-Tariff
Barriers
|
|
|
|
4.1.1 removal or unauthorized
import (or equivalent) duties on goods of Community Origin
|
Task Force established
by COTED to review existing NTBs against interregional trade. A proposed schedule
for Removal of Unauthorised NTBs in Member States was considered by the COTED at
its meeting in January 2005.
|
Jamaica has not maintained
unauthorized import duties
|
|
4.1.2 Removal of export
duties on goods of Community Origin
|
Not applicable in Jamaica
|
|
|
4.1.3 Removal of discriminatory
Internal Taxes and other Fiscal Charges
|
Not applicable in Jamaica
|
|
|
4.1.4 Removal
of unauthorized import licenses on goods of Community origin
|
Not applicable in Jamaica
|
|
|
4.1.5 Removal
of Quantitative Restrictions
|
Not applicable in Jamaica
|
|
|
5 FREE MOVEMENT OF
SERVICES
|
|
|
|
5.1 Removal of Restrictions
to Provision of Services
|
|
|
|
5.1.1. Notification
of Restrictions
|
Jamaica notified with
other Member States in 2000
|
|
|
5.1.2 Implementation
of Programmes for Removal of Restrictions
|
Jamaica has met its
commitments to date
|
|
|
6. FREE MOVEMENT
OF PERSONS
|
|
|
|
6.1 Free Movement
of Skills
|
|
|
|
6.1.1 Implementation
of Skills legislation (Free Movement of University Graduates)
|
Jamaica’s legislation
in place (1997)
|
The Caribbean and Community
(Free Movement of Skilled Persons) Act 1997
|
|
6.1.1.1 Regulatory and
Administrative arrangements for free movement of graduates.
|
Arrangements in place
|
|
|
6.1.2 Implementation
of legislation for free movement of Artistes, media Workers, Musicians, Sports persons
|
Jamaica’s legislation
in place
|
|
|
6.1.2.1 Regulatory and
Administrative arrangements for free movement of Artistes, Media Workers, Musicians,
Sports persons
|
Jamaica’s administrative
arrangements in place
|
|
|
6.1.3 Legislative and
Administrative arrangements for free Movement of Self employed service providers,
entrepreneurs, technical, managerial and supervisory staff, spouses and immediate
dependent family members, persons consuming services abroad.
|
Relevant legislation
in Place-
The Foreign Nationals
and Commonwealth Citizens (Employment) (Amendment) Act,2004
|
To be brought into force.
|
|
6.2 Contingent Rights
(refer to
those rights which member citizens are entitled to when they exercise their option
to work in another member state)
|
Policy to be developed
at regional level
|
The Secretariat to give
priority to the development of policy framework in this area.
|
|
6.3 Facilitation
of Travel
|
|
|
|
6.3.1. Elimination of
need for passport by CARICOM Nationals, for intra-regional travel 9e.g. use of ID
card)
|
Policy to be reviewed
at regional level in light of security concerns
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6.3.2 CARICOM passport
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Agreement has been reached
at the regional level with respect to the CARICOM format.
|
Jamaica would adapt
to CARICOM format earliest January 2007.
|
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6.3.3 Common E/D Form.
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Core elements agreed
at regional level have been incorporated in Jamaica’s new E/D form
|
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6.3.4. Lines identified
for CARICOM and Non-CARICOM nationals at Ports of entry
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In place in Jamaica
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6.4 mechanism for
equivalency and accreditation
|
|
|
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6.4.1. Establishment
of national and Regional Accreditation Infrastructure
|
National institution
established (University Council of Jamaica)
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|
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6.4.2. Caribbean Accreditation
Authority for Education in medical and other Health Professions
|
The Agreement in Force
among six Member States – Antigua and Barbuda, Belize, Jamaica, Suriname, Trinidad
and Tobago and the Bahamas
|
|
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6.5 Agreement on
Transference of Social Security benefits
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|
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6.5.1. Signature and
Ratification of Agreement
|
Jamaica has signed and
ratified
|
|
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6.5.2. Enactment of
Social Security legislation
|
Relevant legislation
is in place
|
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7. FREE MOVEMENT
OF CAPITAL
|
|
|
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7.1 REMOVAL OF Restrictions
to Movement of Capital
|
|
|
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7.1.1. Notification
of Restrictions
|
Not Applicable
|
|
|
7.1.2. Implementation
of programmes for Removal of Restrictions
|
Not Applicable
|
|
|
7.2 Capital market
Integration
|
|
|
|
7.2.1. Establishment
of Stock Exchange
|
Established in Jamaica
|
|
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7.2.2. Cross-listing
and trading
|
Jamaica is a member
of the regional stock market
|
|
|
7.3. Intra-Regional
Double Taxation Agreement
|
|
|
|
7.3.1 Signature of Ratification
of Agreement
|
Jamaica has signed and
ratified
|
|
|
7.3.2. Enactment of
Legislation
|
Relevant legislation
is in place
|
|
|
8. RIGHT OF ESTABLISHMENT
|
|
|
|
8.1 Removal of Restrictions
|
|
|
|
8.1.1 Identification
and Notification of Restrictions
|
Jamaica notified its
restrictions in 2000
|
|
|
8.1.2 Implementation
of Programme for Removal of Restrictions
|
Jamaica has completed
action in this regard.
|
|
|
9. COMMON EXTERNAL
POLICY
|
|
|
|
9.1. Implementation
of Fourth Phase of CET
|
Jamaica has implemented
|
|
|
9.2. Implementation
of Revised Structure of the CET based on 2002 HS
|
Jamaica has implemented
|
|
|
9.3. Implementation
of Amended Schedule (Rules of Origin) based on 2002 HS
|
Jamaica has implemented
|
|
|
10 HARMONISATION
OF LAWS –to
include:
|
|
|
|
10.1. Implementation
of Harmonised Customs legislation, regulation and Forms
|
Relevant draft legislation
being reviewed and redrafted at regional level
|
|
|
10.2 Legal Regime for
Established, Services and Capital
|
Relevant legislation
in place.
|
|
|
10.3 Competition Law
|
Relevant legislation
in place
|
|
|
10.4 Consumer Protection
|
Passed by Parliament
on 1st
March 2005.
|
|
|
10.5 Anti-Dumping and
Countervailing Measures
|
National legislation
in place
|
|
|
10.6 Banking and Securities
Legislation
|
Regional draft legislation
being reviewed by both CPCs and relevant national authorities
|
|
|
10.7 Companies/Other
Legal Entities
|
National legislation
in place
|
|
|
10.8 Intellectual Property
Rights
|
National legislation
in place
|
|
|
10.9 Standards and Technical
Regulations
|
Ongoing work at the
regional level
|
|
|
10.10 Labelling of Food
and Drugs
|
Work yet to begin at
regional level
|
|
|
10.11 Sanitary and Phyto-sanitary
Measures
|
Some regional draft
legislation has been completed and is being reviewed at national level
|
|
|
10.12 Commercial
Arbitration
|
Work to be done at regional
level
|
|
|
10.3 Subsidies
|
Work to be done at regional
level
|
|
|
11. Expansion of the
Categories of Skilled Community Nationals Eligible for Free Movement
|
Conference agreed to
expand categories of eligible wage over a three year period, to eventually include
all CARICOM nationals
|
CARICOM Heads of Government
have decided to grant tertiary-trained teachers and nurses free labour movement
across the region almost immediately. Hagglers, artisans, domestic and hospitality
workers are also to be included pending the agreement of an appropriate certification
which is expected to be completed at the meeting before year end.
|
|
12. CARICOM Skills Certificates
|
Six Hundred and Ten
(610) issued mainly in the managerial, educational, science-related and health fields.
|
|
|
13. Regional Development
Fund for Disadvantaged Countries, Regions and Sectors.
|
The Fund would be capitalized
at US$250 million of which US$100 million would come from Member States via contributions,
and US$20 million from the Petroleum Fund operated by Trinidad and Tobago.
|
The Regional Development
Fund is now in place with the general acceptance by Member States of the contribution
formula put forward by the Caribbean Development Bank (CDB) and endorsed by CARICOM
Ministries of Finance.
|
|
14 Operationalising
the Single Market
|
Work is ongoing to streamline
the administrative procedures required to operationalise the Single Market, To this
end, a core team has been established, comprising representatives from key Ministries
and Agencies.
|
This team has been continuing
collaboration on key issues integral to the implementation process.
|
|
15. Progress Towards
the Single Economy
|
The Single Economy is
slated for 2008 and will be built on the framework established by the single market.
This includes: harmonization of corporate tax structures, investment policy harmonization,
and the establishment of the macro-economic framework.
|
|
|
16. Public Education
|
Jamaica has undertaken
a
number of initiatives
in collaboration with both the public and private sectors.
|
Effective Public Education
and Marketing of the CSME, both locally and regionally, remain a challenge in light
of sever financial constraints.
|
Updated August 2006
BIBLIOGRAPHY
Caribbean Net News. “Jamaica Fully Prepared for CSME.”
<http://www.caribbeannetnews.com/2005/04/05/fully.shtml>.
5
April 2005.
CARICOM. “CARICOM Single Market and Economy.”
<http://www.jis.gov.jm/special_section/CARICOMNew
/CSMEl .html>. 2004.
CARICOM. “History of the Caribbean Community.”
<http://www.jis.gov.jm/special_sections/CARICOMNew/
history.htm>. 2004.
Fletcher, Dr. Gem. “Competitiveness in the CSME.”
<http://www.vcip.org/pdf/Gem%Fletcher.pdf>.
Jamaica. Ministry of Foreign Affairs and Foreign Trade. “Caribbean
Community and Common Market (CARICOM) Single Market and Economy: Historical Background.”
<http://www.mfaft.gov.jm/Intl_Community/Caricom.htm>.
5 June 2001.
Jamaica. Oppositional Leader Presentation. “Finding a Fresh Wind.”
<http://www.jis.gov.jm/special_sections/budgetDebate2004
/OppositionLeader.pdf>. 2004.
Narinesingh, Leela. “The CSME is expected to be a great boon to the Caribbean.
The benefits are numerous.”
<http://www.internationalreports.net/the
americas/barbados
/2003/csme.html>. 2003.
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