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Who Has The Right to Move Freely in Caribbean Territories?

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The Freedom of Movement principle was born on the foundation that we are one community made from different culture with a unified voice.  The aim  was to provide growth among member states through the Revised Treaty of Chagaramus which established the Caricom Single Market Economy (CSME).  We see article 45 of the revised Treaty of Chaguaramas therefore provides that:

“Member States commit themselves to the goal of the free movement of their nationals within the Community”.

Furthermore, in Article II, Respect for Fundamental Human Rights and Freedoms, of the Charter of Civil Society, the following is included as one of the fundamental humans rights and freedoms :

“Freedom of movement within the Caribbean Community, subject to such exceptions and qualifications as may be authorized by national law and which are reasonably justifiable in a free and democratic society”

This principle was explain in the Shanique Myrie v Barbadoes case. In the case it was alleged that Shanique Myrie, a (then 22 years old) Jamaican, who on March 14, 2011, was originally allowed entry into Barbados at Grantley Adams International Airport for a month when her passport was stamped, and that two hours later she was taken by a female immigration officer to a bathroom where she was allegedly “finger raped”, abused with foul language, threatened and then denied entry. While the Caribbean Court of Justice was not able to answered the question of Human Rights, it was able to substantially answer the question of ‘Freedom of Movement’.

The Jamaican government, who had intervened in the case, argued that its substantial legal interest in the case lies in the circumstance that any judgment rendered will establish a binding precedent for all CARICOM member states. In a preliminary hearing, in October 2012, the CCJ agreed. The majority of CARICOM citizens would understand the need for the legislative and other requirements before there can be full freedom of movement. What they will not understand, however, is why their place of birth in a CARICOM country should, by itself, elicit unfriendliness and hostility.

The court held that Caricom nationals are entitled to enter member states, without harassment or the imposition of impediment, and to stay for up to six months. Even the Antigua Observer report, that the CCJ president, Sir Dennis Byron said the judgment attracted the widest public interest and helped to position the court as a voice for the ordinary people and aid in how business is done in the region.

It seems to not be enough as again we have Jamaica (Jamaicans) in a tussle with Trinidad and Tobago. Whether it is a demonstration of her strength or not; we ask what will happen if it continues? Will we have another regional body that dies after couple billions have been spent just like the Federation?

It’s time we wise up as a region and step out not as a individual country but as a Region to be seen as the European Union is viewed with expediential powers as their voice is not singular but many.

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akeelim hamilton

Akeelim Hamilton is an aspiring attorney, studying law at the University of Technology in Jamaica. Hamilton holds the title of Mr Americas United Nations 2016.

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