(The following appeared as yesterday’s editorial in the Barbados daily nation, and is being reprinted with courtesy):
“IT IS commendable that, with a view to diffusing tension and focus on amicable resolution to lingering conflicts, as reported, arrangements are being made for a Special Caucus of Heads of Government of the Caribbean Community in Guyana on July 2, prior to the ceremonial opening of their 30th regular summit later that day.
This approach is all the more encouraging since it points to a matured political response to prevailing public disagreements among some leaders of governments over important and sensitive issues.
These would include matters of intra-regional free trade and free movement of Community nationals, consistent with provisions of the Revised Treaty of Chaguaramas that ALL participating member states are morally and legally obligated to honour.
In every integration movement, in every continent, tensions develop. The European Union (EU), with which the Caribbean is now locked into an Economic Partnership Agreement (EPA), is a classic example of a most powerful experiment in economic integration coping with tensions in seeking to fulfill its mandates.
Previous and current problems within CARICOM have often surfaced by failures among some participating countries to familiarise themselves with the letter and spirit of the provisions of the Revised Community Treaty that have been incorporated into domestic law.
In addition to offering, with clarity, obligations of signatory countries to enable proper functioning of a single market and single economy, there are quite specific provisions for resolving disputes through various mechanisms.
In this context, it could perhaps be viewed as inappropriate for some governments to threaten the negative “tit-for-tat” approach over trade disputes; or to expediently resort to a “sovereignty argument” in defence of a domestic immigration policy without first pursuing a conciliatory approach to remove misunderstandings and avoid a climate of hostility.
Chapter Nine of the Community Treaty provides for a range of mechanisms to facilitate disputes settlement, including ‘expeditious resolution; ‘good offices’ mediation; arbitration and, if necessary, resorting ultimately, to the Caribbean Court of Justice (CCJ) which has original jurisdiction in settling disputes within the Community.
Now, therefore, that our Community leaders are planning a special caucus, before the official start of their 30th summit, to candidly discuss and amicably resolve differences, it is perhaps a good time to reflect on the available mechanisms for disputes settlement.
We wish the CARICOM leaders well as they prepare to bring to bear matured and positive responses to help make a reality of their often stated commitment to satisfactory functioning of the Community’s single market, and, more importantly, operationalising of the long promised seamless regional economy.
(Courtesy Barbados Daily Nation)