Transcript Global Trade in Services:

Free Movement of Labour and
Regulatory Harmonization
Issues in CARICOM
Ramesh Chaitoo
Services Trade Specialist, CRNM
[email protected]
OAS Workshop on Labour Dimension of FTAs and
Regional Integration Processes
Port of Spain, July 10, 2007
CARICOM Single Market and
Economy (CSME)
Free movement of capital, services
and labour by December 31, 2005
Seamless economic space – Antigua
& Barbuda, Barbados, Belize,
Dominica, Grenada, Guyana,
Jamaica, St Kitts & Nevis, St Lucia, St
Vincent & Grenadines, Suriname,
Trinidad & Tobago
Categories of Persons Eligible to
Move Freely
CARICOM nationals/natural persons who
are:
– University graduates;
– Media persons, sports persons, artistes and
musicians;
– Self-employed service providers;
– Managerial, Technical and Supervisory staff
relating to the particular enterprise;
Phased Approach to Free Movement
1.
2.
Standardisation of qualifications.
Free movement is being phased in
gradually and the categories of Artisans,
Associate
Degrees
and
equivalent
qualifications are to be granted this right by
the end of 2007.
Categories (cont’d)
– Spouses and immediate dependent family
members; and
– Consumers consuming services abroad.
– Or a company or other legal entity which is
50% or more owned and effectively controlled
by a CARICOM national with the power to
name a majority of its directors or otherwise
legally direct its actions
“CARICOM national” means a
person who:
(a) is a citizen of a Member State; or
(b) has a connection with a Member State of
a kind which entitles that person to be
regarded as belonging to or, if it be so
expressed, as being a native or resident of
such a Member State for the purposes of
the laws thereof relating to immigration;
Mutual Recognition in CARICOM
Article 35 of the Revised Treaty (2001)
Acceptance of Diplomas, Certificates
and Other Evidence of Qualifications
CARICOM Revised Treaty - Art. 35
1. COHSOD, ….. shall establish common
standards and measures for accreditation
or when necessary for the mutual
recognition of diplomas, certificates and
other evidence of qualifications of
nationals of the Member States in order to
facilitate access to, and engagement in,
employment and non-wage-earning
activities in the Community.
Art. 35
2. The Member States shall establish or
employ, as the case may be, appropriate
mechanisms to establish common
standards to determine equivalency or
accord accreditation to diplomas,
certificates and other evidence of
qualifications secured by nationals of other
Member States.
Art. 35
3. COHSOD shall also establish measures
for the coordination of legislative and
administrative requirements of the
Member States for the participation of
Community nationals in employment and
for the conduct of non-wage-earning
activities in the Community.
Regime for Professional Services
Step 1 - Implementation of common Skills
Legislation to allow the free movement of
university graduates
Step 2 - Development of regulatory and
administrative arrangements for free
movement
Step 3 - Establishment of a national and
regional accreditation infrastructure
Regime (cont’d)
Step 4 – Introduction of model legislation for
professional services to allow
convergence of regulations; slow process
1st initiative - Caribbean Accreditation
Authority for Education in Medical and
Other Health Professions
So, what is on the ground now?
Regional associations for: accounting,
architecture, engineering, legal, doctors
and nurses.
Not much movement previously;
segmented national markets
Official process will change that with
Single Market – no work permit
requirement
Movement of Vocational Skills
In the absence of professional bodies in the
case of artisans, it is a challenge to ensure
standards across region.
National Vocational Qualifications (NVQs) and
Caribbean Vocational Qualifications (CVQs)
are being implemented in an effort to address
this.
In the case of ‘equivalent qualifications’ there
has to be regional collaboration among the
accreditation bodies.
CANTA - Regional Body
CANTA - Caribbean Association of
Regional Training Agencies
Established in Nov. 2003
Founding members - Barbados TVET
Council; Jamaica Heart Trust/NTA;
Trinidad & Tobago NTA
CANTA is Advisory Body to COHSOD
XV COHSOD:
Approved establishment of scheme for award of
Caribbean Vocational Qualification.
Authorized the National Training Agencies which
had approved arrangements for issuing NVQs to
offer the CVQ.
Requested NTAs, Ministries of Education &
Caribbean Examination Council (CXC) to work
towards awarding CVQ in school system.
In July 2006 Caricom HOG agreed that free
movement of artisans can begin as soon as
CVQ is launched.
Legal Services
Caribbean Council for Legal Education
National Bar Associations
University of the West Indies – LLB
Regional Law Schools (3) grant Legal
Education Certificate – 2 yrs study
New lawyers from region – no problem for
movement
More complicated for outsiders
Acceptance of other lawyers
If trained overseas may have to write
exam to gain entrance to law school
Places are quite limited
Various scenarios but lawyer does not
need to be called to Bar if only providing
legal advice;
Only critical if need to appear before Court
If registered in one Caricom state lawyer
should be recognized by others
Medical Professionals
If doctors are UWI trained or from
accredited universities – fairly easy
If from other circumstances – complex
procedure
Nurses – Regional exam and common
standards. Nurses should be able to move
in Caricom; but they emigrate instead!!
Conclusion
Mutual recognition, equivalence,
accreditation, common standards
mandated in Treaty setting up single
market
Governments set rules – professional &
vocational associations have to comply
Licensing & registration requirements at
the national level will eventually converge