Free Movement of Persons : The Vision and the Reality / by

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Transcript Free Movement of Persons : The Vision and the Reality / by

ANNEX V
FORUM OF CARICOM DIRECTORS OF
GOVERNMENT INFORMATION
SERVICES
FREE MOVEMENT OF PERSONS
The Vision and the Reality
CARICOM Community Secretariat
Kingston Jamaica
16-17 March 2005
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BUILDING BLOCKS OF THE CSME
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Legal Frameworks
Financial Resources
Human Resources
Social Assets
Sense of identity
Shared identity
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CONTEXT OF FREE MOVEMENT
• 400 years of economic articulation
• Community of Sovereign States
• Regional Market: minimum economic activity
• Lack of compliance
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LANDMARKS
1968 CARIFTA
1973Treaty Establishing the Caribbean Community and
Common Market (signed at Chaguaramas, Trinidad
and Tobago, 4 July
1989: Grande Anse Declaration
1990-2002 Signing of Protocols leading to the Revised
Treaty establishing the Caribbean Community
(including the CARICOM Single Market and
Economy)
2003: Rose Hall Declaration
2005: Year of the CARICOM Single Market
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More Structured vs. ad hoc Framework:
Rule and Role of Law (CCJ)
CSME more structured approach to service and
entrepreneurship
Provision of Services
CSME competitiveness: restructuring
approaches and increasing opportunities
Right of Establishment
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Provision of services
• Provision of services is a right (Art. 30)
• All services will be open to competition except:
(a) those involving the exercise of
governmental authority (Art. 30)
(b) those where there is a monopoly (Art. 31)
• Non-discrimination applies to all laws, rules,
administrative measures and service industries
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Provision of Services: The Reality
Removal of Restrictions for • Companies
• Non-Wage Earners (self-employed persons involved in
industrial, agricultural, professional, commercial and
artisan activities)
• Managerial, technical and supervisory persons
• Spouses and dependant persons
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Right of Establishment
Obligations:
• Permit establishment in all areas
• Do not introduce new restrictions
• Remove existing restrictions
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Right of Establishment
Who has this right?
According to Article 32•
natural persons: citizens, nationals, residents
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natural persons: self-employed persons, persons
engaged in non-wage earning activities of an
agricultural, industrial, commercial, artisanal and
professional nature
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companies and other legal entities, agencies, branches
and subsidiaries
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FREE MOVEMENT OF PERSONS:
TWO REGIMES• Facilitation of Travel (Art. 46)
• Movement of Skills (Arts. 32, 34(d), 36
and 37)
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Regime One: Facilitation of Travel (Art. 46)
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Common travel documents
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Common landing documents
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National treatment at ports of entry
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Regime Two:Movement of Skills
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Companies and Non-Wage Earners (selfemployed persons)
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Wage Earners (University Graduates;
Musicians; Artistes; Sports Persons; Media
workers; Managerial, Technical and
Supervisory Staff of establishing entities
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Other special categories (under discussion)
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LIBERALISATION: The reality
Removal of work permit:
- Skilled Nationals Act for wage earners
and the self-employed
- Self-employed
- Other skills levels
- Removal of existing restrictions for
persons establishing a business or
providing a service
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Status: Movement of Persons
Right of establishment :
- Barbados, Jamaica and Trinidad and
Tobago completed the removal of
restrictions
- All other Member States to complete
the process by 31 December 2005
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Status: Movement of Persons
Free Movement of Persons :
Common Lines implemented in all Member States
Suriname started with the issuance of a CARICOM
passport
All other Member States to introduce the CARICOM
passport
Free Movement of wage earners implemented in all
Member States, except Antigua and Barbuda,
Montserrat and St. Kitts and Nevis
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Status: Movement of Persons
Provision of Services :
- Barbados, Jamaica and Trinidad and
Tobago completed the removal of
restrictions
- All other Member States to complete
the process by 31 December 2005
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THE IMPACT OF FREE MOVEMENT
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Quality of goods and services
New/non-traditional businesses
Coalition of service providers
Itinerant Community workers
New Migration outlook
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INTERSECTION OF VISION/REALITY
• Regional transportation
• IT/ICT for Development
• Education and Training
• Cultural Industries
• Beyond consolidation of cultural bonds
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CATALYSTS TO ACTION
• Accreditation/ Standardisation
• CCJ
• New Executive Mechanism
• Restructured CARICOM Secretariat
• World Cup Cricket
• CARICOM/PANCAP
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IMPERATIVES FOR THE CSME
REALITY
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GLOBAISATION
THE FTAA
SELF-RESPECT
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Some Action Points
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Information and Communication Network
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The role of GIS
- Marketing and Public Education
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The role of the Media
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