The Woes of Regional Migration under the Treaty of Chaguaramas
Migration is the movement of people from one country, place or locality to another. Fossil evidence suggests that modern humans began to spread across the planet from Africa sixty thousand years ago. Since then, humans inhabit all corners of the Earth, on every continent. Currently, there is at least three percent of the world’s population, representing two hundred and fifty-eight million people who live outside of their country of origin. Migration, whether voluntary or forced, has shaped the world as we know it today. But what are the reasons why people move? The answers are many. Some migrate in search of economic opportunities and employment, others to live with family members who have gone ahead to some foreign land, or to study. Others move to avoid conflict, persecution, terrorism, or human rights violations. Still others move because of the adverse effects of climate change, natural disasters, or environmental factors that they have found hard to cope with in their country of birth. In this week’s edition of our Five Point Breakdown, we’ll look at regional migration and how the Treaty of Chaguaramas has facilitated the free movement of people within the Caribbean Community (CARICOM) for legitimate reasons, and how others have exploited the treaty for ulterior motives. Here’s News Five’s Marion Ali.
Marion Ali, Reporting
Finding specialized training in a particular field of study can sometimes be challenging in one’s home country. Likewise, finding employment upon certification in that field of work can be equally problematic.
What is the Treaty of Chaguaramas?
In 1973, four countries within the Caribbean, namely: Barbados, Guyana, Jamaica, and Trinidad and Tobago came together to sign into existence the Treaty of Chaguaramas, named after Chaguaramas in Tobago. The Treaty established the Caribbean Community and Common Market (CARICOM), later revised to include a single market and economy, C.S.M.E. It provides for, among other things, economic integration, coordination of foreign policies and cooperation on a number of areas, including labour and industrial relations among those states. Belize, like other CARICOM countries, signed on thereafter. Our combined understanding allows for the free movement of our people and each CARICOM country is obliged to assist CARICOM national in their pursuit to relocate within the region.
Eamon Courtenay
Eamon Courtenay, Minister of Foreign Affairs
“Under the Treaty of Chaguaramas, we are all committed to the free movement of CARICOM nationals, and that would allow a national from any member state to move with a right of entry, the right to establishment, i.e., the right to set up shop, to do his or her trading in the community.”
Examples of Persons Legally Using the Treaty
Milson Lature and Wilner Celeron are Haitian cab drivers who took advantage of the Treaty of Chaguaramas and have made Belize their home for over a decade.
Marion Ali
“You’ve been a national for how long?”
Milson Lature, Haitian living in Belize
“Oh, a long time, from Esquivel, Esquivel da prime minister.”
Marion Ali
“Okay, we’re talking 84, 1984, something like that.”
Milson Lature
Milson Lature
“Yeah, yeah, a long time.”
Marion Ali
“I don’t think Haiti will see you again?”
Milson Lature
“Hmm, I don’t know.”
Marion Ali
“Maybe to visit?”
Milson Lature
“I don’t know, maybe, I stay cause I come Belize long time. I love Belize. I have a family da Belize.”
Wilner Celeron, Haitian living in Belize
Wilner Celeron
“I have 15 years in Belize, but I stay in Belize because I love it, that’s why I stay.”
Marion Ali
“What brought you here?”
Wilner Celeron
“Well, my friend bring me here, really, but the man died, noh. Lotta people want to leave over there, try and get to another place to live in because over there get – to try to move themself or protect their life.”
Many would remember Kalilah Enriquez as media personality in Belize. Now married, she has also legitimately benefited under the provisions of the treaty. She migrated over a decade ago to Jamaica, where she now owns her own media company. Kalilah admits that back then the process was a bit arduous.
Kalilah Reynolds
Kalilah Reynolds, C.E.O/Owner, Kalilah Reynolds Media (Jamaica)
“C.S.M.E definitely facilitated me being able to live and work in Jamaica more easily. So I was able to use my C.S.M.E skills certificate to, you know, legally gain employment here. But there – it wasn’t as simple as it seemed because they had said that if you have a C.S.M.E skilled certificate from any country, you can work in any Caribbean country, or any C.S.M.E member state, CARICOM member state, without having to go through the process. But when I got to Jamaica, I had to apply all over again.”
Under the Revised Treaty of Chaguaramas in 1989, disallowing CARICOM nationals like Kalilah, Milson and Wilner from migrating to a member state without adequate reason can get a CARICOM country in trouble. Such was the case in 2012, when Shanique Myrie, a Jamaican national, filed a lawsuit against Barbados. Myrie alleged that the treatment she was subjected to by border officials upon arrival, and subsequent denial of entry into Barbados, amounted to a serious breach of her right to free movement under Article 45 of the Revised Treaty of Chaguaramas. Myrie also claimed that she was subjected to a cavity search that violated her fundamental rights. The Caribbean Court of Justice presided over the matter and found that Myrie’s rights were indeed breached and Barbados was ordered to compensate Myrie. But there are instances when a country can deny a CARICOM national the right of entry, as Minister of Foreign Affairs, Eamon Courtenay explains.
The Treaty Allows for Denial of Entry
Eamon Courtenay
“Where it is in the public interest, public security, public morality, or something like that – that is Article 226 of the treaty. It gives a member state the right to take an action if it feels that it is in the interest of the public. And as defined in Article 226, we have found ourselves, and the Immigration Department monitors countries of interest and the flow of nationals from those countries.”
Belize’s Concerns
In Belize’s case, we have discovered that some CARICOM nationals, particularly from Haiti and Jamaica, have been exploiting the provisions of the treaty, presumably for ulterior reasons. Foreign Minister Courtenay says that government has raised the concern with the CARICOM Secretariat.
Eamon Courtenay
“The issue that arises for us is that when we look at the figures of persons leaving the P.G.I.A or any of the points of exit, we don’t see a commensurate number, so if 500 Jamaicans come in and let’s say 50 or 100 stay for some reason, we would know that they’re applying for work permits, we would know that permanent residence, dependent permits, etc. So we would see that, and then we would look and see, well, how many have left? We don’t see that. Information is shared with us to show how many of those persons entered Belize a week or two before through the P.G.I.A, and have turned up at the southern border of the United States.”
Finding Solutions
The concern is amplified by intelligence gathered on the facilitation of human smuggling activities taking place. Belize has had to introduce a measure against Haitians. They are now required to apply for a visa to enter Belize. And since that measure has been introduced, Courtenay said there has not been a single application by a Haitian to enter Belize. The ministries of Immigration and Tourism are now discussing what measure they will come up with against Jamaicans coming to Belize, and he urges fellow CARICOM nationals to use the treaty within the ambit of the law. Courtenay says that meetings would be held with Jamaican authorities, as well as representatives of COPA Airlines, to see how the problem can be addressed as it relates to Belize. Marion Ali reporting for News Five.
