The ruling of the Caribbean Court of Justice (CCJ) in the Shanique Myrie case is a significant step forward for the CARICOM freedom of movement regime.
The is the view of the Barbados Coalition of Service Industries (BCSI), which was designated in 2006 as the National Competent Authority for the Registration of Service Providers in the CSME.
Executive director Lisa Cummins said the organization still had to examine in detail the full ruling of the court and its interpretation of Barbados’ obligations to CARICOM nationals under the Revised Treaty Of Chaguaramus.
However, she said a preliminary review indicated that “this is a significant judgment that in many respects has been long overdue”.
“While we recognize the importance of national security and border security measures, Barbados has clear legal obligations with respect to its treatment of CARICOM nationals and this ruling should force both our obligations as well as the rights of CARICOM nationals into prominence in the national and regional discourse,” she said.
The CCJ ruled on October 4 that the Barbados Government breached the Jamaican’s right of entry when she was denied entry to the country more than two years ago, and awarded her more than $75 000.
Myrie claimed she was verbally abused by Immigration officers, subjected to a body cavity search and illegally denied entry when she arrived at the Grantley Adams International Airport (GAIA) on March 14, 2011.
Cummins said Barbados had to be seen to be playing a leadership role in these matters, particularly given its responsibility at Heads of Government level for CSME implementation.
“This ruling should cause us to have a long, hard look at what we are doing, how we can improve and what our overall vision is for the regional project. There has always been an imperative to integrate and to allow for free circulation within the community and we cannot continue to be seen to be stepping away from that commitment.
“This judgment is a positive development against that background because it tells us clearly where we are, and simultaneously sends a message to all CARICOM members to undertake that same level of introspection,” she said.
The BCSI head added that the judgment was also a strong statement in favour of the CCJ as the Court of Original Jurisdiction on all Treaty-related matters.
“The BCSI looks forward to even more cases being raised in the CCJ, particularly with respect to many of the intractable trade disputes that keep being raised solely at technical and political levels, but the genuine long-term resolution of which perhaps rests more suitably in the CCJ.
“These issues, when ruled upon by the court create jurisprudence and precedence, which in turn give rise to changes at the national level,” Cummins said. (NB/PR)
