By Delano Franklyn, Minister of State - Ministry of Foreign Affairs & Foreign TradeAT A seminar on the CARICOM Single Market and Economy (CSME) organized by the Ministry of Foreign Affairs and Foreign Trade on April 28, 2004 for Parliamentarians and Senators, Honourable Edward Seaga, Leader of the Opposition cast doubt on Jamaica's ability to be ready to enter the CSME by December 2004.
It must be pointed out that while CARICOM Governments continue to work towards a December 31, 2005 deadline for the full adoption of measures to facilitate entry into the CSME, Jamaica, Trinidad and Tobago and Barbados are committed to taking the necessary steps to fully implement the CSME by December 2004.
Jamaica has already made considerable progress on all fronts in achieving the required objectives for CSME implementation, and while a December 2004 deadline is challenging, it is not impossible. In order for the public to have a better appreciation of our state of readiness it is important to point out some of the principal requirements for the CSME and the status of Jamaica's implementation of these core elements.
STEPS TAKEN BY JAMAICA
Let me begin with the Revised Treaty of Chaguaramas establishing the Caribbean Community (CARICOM). The Bill to facilitate the enactment of the Revised Treaty of Chaguaramas into Domestic Law; The Caribbean Community Act 2004 has already been passed in both Houses of Parliament.
Perhaps the most important step to be taken to give effect to Jamaica's preparation for entry into the CSME is the establishment of the Caribbean Court of Justice (CCJ). Having ratified the Agree-ment establishing the CCJ, Jamaica is now in the process of enacting the relevant legislation into domestic law. In this regard, three very important Bills have been tabled in the Senate for debate. These include a) the CCJ Act the Bill to implement the Agreement; b) a Bill to amend Section 110 of the Jamaican Constitution and c) a Bill to amend the Judicature (Appellate Jurisdiction) Act.
Readers must remember that debate of the Bills was delayed due to a legal action brought by the Leader of the Opposition and some attendant groups challenging the constitutionality of the Bills.
An Agreement establishing the CARICOM Regional Organisation for Standards and Quality (CROSQ) has been signed and is being provisionally applied among twelve Member States including Jamaica. CROSQ will facilitate the timely development of regional standards in relation to a range of products and production methods within the CSME. Jamaica has already passed a CROSQ Bill, it has already received the assent of the Governor-General and is now awaiting the designation of an appropriate date by the Minister of Commerce, Science and Technology, for entry into force.
As it relates to the Free Movement of Persons, Jamaica has already enacted the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 which entitles five categories of CARICOM nationals and their dependants - University Graduates, Media Workers, Sportspersons, Artists and Musicians to offer services in Jamaica without the need for work permits. By virtue of a Cabinet Decision earlier this year, approval was given for the removal of restrictions to the Right of Establishment and the Provision of Services by additional categories of non-wage earners from participating CSME territories.
AMENDMENTS
Under the Right of Establish-ment, eligible CARICOM nationals will have the right to live, acquire property and transact business in participating CSME territories. As a result of this decision, the Ministries of Foreign Affairs and Foreign Trade, Health, Labour and Social Security as well as other line agencies, are consulting on amendments to be made to the Foreign Nationals and Commonwealth Citizens Employment Act, with respect to self-employed service providers who do not fall within the scope of the Caribbean Community (Free Movement of Skilled Person) Act, 1997.
There is also the need for the establishment of a mechanism for equivalency and accreditation at the national and regional levels. This is intended to facilitate the free movement of skills across the CSME. In this regard, work is in progress for the establishment of a Regional Accreditation Body to oversee accreditation and equivalency of degrees, diplomas, certificates and other qualifications.
Only two Member States, Jamaica and Trinidad and Tobago have equivalent national bodies (Jamaica - the University Council of Jamaica), while other Member States are at different stages in the development of their national bodies. To further facilitate the free movement of skilled Community nationals, Jamaica has so far issued 226 Certificates of Recognition of Caribbean Community Skills to various categories of eligible workers in keeping with the Caribbean Community (Free Movement of Skilled Persons) Act, 1997.
What about the facilitation of travel? It was agreed that machine-readable passports should be used as the travel document throughout the region by CARICOM nationals. Jamaica already has machine-readable passports in place.
It was also agreed that machine-readable passports should be supported by a Regional Immigration Network linked to various databases pertaining to criminals. This matter is now being considered by the CARICOM Ministerial Sub-Committee for the Mobilisation of Resources for the Task Force on Crime and thereafter recommendations will be made to the Prime Ministerial Sub-Committee on the CSME and the Conference of Heads of Government for consideration.
HARMONISATION OF LAWS
. Let me now turn to the issue of the Harmonisation of Laws.
"Customs Legislation: A review of the Draft Customs Legislation was undertaken by the Regional Chief Parliamentary Counsel (CPC) and Customs Officials. Redrafting is now being undertaken by CARICOM.
"Competition Policy: Jamaica has a national structure in place (Fair Trading Commission et al). A draft Competition Bill is being reviewed by the Regional CPC as well as Member States.
"Consumer Protection: A national structure is in place in Jamaica (The Consumer Affairs Commission, et al). A CARICOM Draft Model Law on Consumer Protection was reviewed at the national level and approved by the Legislation Committee. The relevant Bill was tabled in Parliament on April 15, 2004.
"Anti-Dumping and Counter-vailing Measures: A national structure (Anti-Dumping and Subsidies Commission) is in place in Jamaica. A draft CARICOM Model Law is being reviewed by the Regional CPC as well as Member States.
"Banking and Securities Legislation: A national regulatory framework (Bank of Jamaica, Financial Services Commission) is in place in Jamaica. A Draft Financial Services Agreement has been prepared by CARICOM and circulated to Member States for review and comments.
"Intellectual Property Rights: Jamaica already has the relevant structure in place, namely, the Jamaica Intellectual Property Office (JIPO) and has developed legislation in a number of areas including Trademarks, Copyright Protection and Geographical Indications. The CARICOM Secretariat is expected to develop model legislation to address this area.
" Standards and Technical Regulations: The relevant national structure is in place - the Bureau of Standards. The CARICOM Secretariat is in the process of developing a CARICOM draft model legislation for this area.
"Regulation and Labelling of Food and Drugs: Various agencies in Jamaica (Ministries of Health, Agriculture et al) are responsible for these matters.
"Sanitary and Phyto-Sanitary Measures and Commercial Arbitration:
Sanitary and Phyto-Sanitary measures relate to activities aimed at protecting human, animal and plant life. Technical work is still being undertaken by the CARICOM Secretariat in these areas. The necessary follow-up by the Ministry of Foreign Affairs and Foreign Trade with the CARICOM Secretariat is on-going.
"Cross Listing and Trading: Barbados, Jamaica and Trinidad and Tobago and the Organisation of Eastern Caribbean States (OECS) have established Stock Exchanges. Cross-listing and trading are presently taking place amongst Barbados, Jamaica and Trinidad and Tobago, the Member States which comprise the Regional Stock Market.
"Common External Tariff: Under the Revised Treaty, Member States are obliged to maintain a Common External Tariff (CET) in relation to imports from Third Countries. The CET is being implemented in four phases. To date, Jamaica, along with nine other Member States, has implemented the fourth phase of the CET.
From an examination of what has been accomplished so far, it is clear that Jamaica has made tremendous progress in preparing itself to be CSME ready by December 2004. Much more is left to be done, but it is a challenge which we are prepared to face head on. We must do so in order to pave the way for our people to enter the big league - the Free Trade Area of the Americas (FTAA).
All the other regions of the world are pressing ahead with their plans to become bigger and better economic blocs, the recent expansion of the European Union is one such example. Jamaica and the rest of CARICOM cannot sit back and be daunted by what those who are in doubt, see as impossible.
