GEORGETOWN, Guyana, CMC – Caribbean Community (CARICOM) leaders have reaffirmed their commitment to the free movement of nationals across the region, consistent with the provisions contained in the Revised Treaty of Chaguaramas that governs the 15-member grouping. Prime Minister, Dr. Ralph Gonsalves, however, told reporters that while regional leaders have recognised the right of a member government to pursue domestic immigration policies, this must not be done outside of commitments to Articles 45 and 46 of the treaty which establish the goals of the Community regarding freedom of movement.

“Article 46 says as a first step, we would have certain categories. There were five of them listed in the treaty — university graduates, sports and media personal etc. Then the heads of government, under that same Article, added four other categories…”

“If you have a law which says ‘Immigration Restriction Act’, which is how many of these laws are drafted from the colonial days, that Act has to be read subject to your commitment to the Treaty of Chaguaramas and the statutes consequent thereto. For instance, the law addressing the matter of skilled nationals…

“It is accepted and has been reaffirmed by the Community (on Friday) that Article 45, which addresses the goal, contains within it necessarily, the spirit of the Treaty for migrants who are outside of the declared categories. They are entitled to human treatment, even though they may be technically illegal,” Gonsalves said.

“In fact, that is required of us by international law,” he told reporters, adding that the Caribbean has just signed a declaration at the United Nations which “speaks to the issue of migration as a human right.

“There are certain minimum standards which must be adhered to. I don’t have to go into any gruesome details as to what will fall short of those minimum standards. You can guess them,” the St. Vincent and the Grenadines Prime Minister said.

The migration issue has emerged as one of the more dominant agenda items at the summit, which was into its third and final day here yesterday.

The Prime Ministers of Barbados (David Thompson) and Antigua and Barbuda (Baldwin Spencer) have recently announced new immigration policies that some regional countries say are against the spirit of the CARICOM Single Market and Economy (CSME) that allows for the free movement of skills, labour, goods and services, across the region.

But they have sought to defend their positions by indicating that while they are not against the ideals of the CSME, it was necessary to impose the restrictions on illegal migration, given the current economic situation, and the impact illegal migration is having on the social services of their respective countries.

Guyana is one of the countries that are opposed to the treatment of their nationals under the new immigration measures. It has said that many of its nationals have been rounded up and subjected to degrading treatment by Immigration authorities in Barbados.

The Barbados Prime Minister has said that he would establish an independent review committee that would investigate such allegations.

Gonsalves said that while he was not prepared to name any specific country, “we know that in every single Caribbean country, some more than others, migrants are taken up and treated in a manner that is not humane.

“Once we acknowledge that there is a spirit of the Treaty that addresses certain minimum standards of treatment, and they are also included in international law and best practice, it is now up to us to work out the necessary protocols, which would adhere to certain minimum standards.”

Indicating that he was speaking “hypothetically,” Gonsalves said that he would not encourage any immigration official in his country to knock on someone’s door during the early hours of the morning threatening to deport anyone.

“If my immigration officials so act, he would be acting contrary to the spirit of the Treaty, and specifically Article 45 and international obligations. And everybody is agreed on that. So that any immigration official who acts in such a manner is acting unlawfully, and is acting contrary to the public policy of each government in CARICOM.

“One thing is clear, [and that] is that acknowledgement… It is not an affirmation; it is a re-affirmation” to the Treaty’s obligations.

He said regarding the contingency rights that have also been a bone of contention in the free movement of Caribbean nationals, “there is still a debate as to the extent of those contingency rights which can be accommodated currently.

“For instance, should your spouse, who does not qualify as one of the nine categories… would your spouse be able to come as a right and get a job too. Should you have access to primary health care, and should your children be entitled to education. …we are still fashioning those.”

But Gonsalves said that while there has been no finalisation on the issue, there is a mood for the extension of the categories for persons to have free movement within the region.