CARICOM: One Rule for Us, Another for Them

On 20 March 2020, the Caribbean Court of Justice (CCJ) issued its first advisory opinion about the movement of CARICOM workers. A press release about the opinion is available at the CCJ website.

Analysis

A “CARICOM right” must be enjoyed by a CARICOM worker in any CARICOM country from the same date. Hence, the “enlargement decision” should have come into force in each CARICOM country on the same date.

It is unfair that a Barbadian worker cannot enjoy a “CARICOM right” in certain CARICOM countries – while any CARICOM worker can enjoy the same “CARICOM right” in Barbados.

The unfair treatment of Barbadian workers in CARICOM also arose when the Protocol of Contingent Rights (PCR) was implemented in Barbados.

A Government press release about the PCR stated that:

“As it relates to education and health care, the Government of Barbados, which has lead responsibility for the CSME, has moved a step further and granted children of skilled CARICOM nationals access to education at both primary and secondary levels. It has also made provision for these families to access primary health care.

However, these are areas which the other CARICOM member states aim to have implemented in the future.”

It appears that there is no deadline for the implementation of these “areas” by other CARICOM countries. Hence, the unfair treatment of Barbadian workers in CARICOM will continue indefinitely.

The Government press release (dated 7 March 2019) is available at the Barbados GIS website. It is entitled "Ambassador Clarifies CSME Contingent Rights".