UNDER the Caribbean Single Market Economy (CSME), CARICOM nationals and businesses are afforded an extensive range of free movement of skills, goods and services and capital, along with several avenues to seek recourse when such rights are breached.
However, many CARICOM nationals remain in the dark about this, because of a lack of sensitisation on the matter. But a multi-stakeholder approach that involves the CARICOM Secretariat, in conjunction with governments, civil society and the private sector, is needed to get the message spread within respective members states to ensure nationals are informed.

This was shared by Director of External Trade at the CARICOM Secretariat, Dr. Chantal Ononaiwu on Saturday morning, as she made a presentation, and answered questions during a Business Breakfast Seminar held at the Ramada Princess Hotel by the Guyana Manufacturing and Services Association (GMSA).
During her remarks, Dr. Ononaiwu spoke about the rights and obligations, which primarily benefitted the private sector, as contained in the Revised Treaty of Chaguaramas (RTC), the covenant that governs the parameters of the Caribbean Community (CARICOM).

During a question-and-answer segment following her presentation, persons commented about learning many of the rights and obligations for the first time, particularly as it pertains to the private sector. When asked if she thought enough was being done to ensure nationals are aware of their rights, Dr. Ononaiwu acknowledged that the area was lacking.

“My short answer is no; enough isn’t being done. Enough isn’t being done if we’re having a sensitisation session like this, and so many members of an organisation like the GMSA are saying [learning about their rights as CARICOM nationals] is news to them. So that’s my litmus test for whether or not enough is being done. So, my short answer is more can be done; we need a multistakeholder approach,” Dr. Ononaiwu said.

Though she acknowledged that the CARICOM Secretariat has a leading role to play, she highlighted the need for governments and other sectors of society to also play their part in bringing about awareness.
“The need for sensitisation is a preoccupation of my colleagues at the Secretariat; we support sensitisation, in the context of our own capacity constraints at the Secretariat, but the best way to do it is we have to partner with the member states. The Community can’t be the only one engaging in sensitisation; Member States have to do so, the private sector has to do so, there’s civil society. It has to be multiple stakeholders across the community,” Dr. Ononaiwu said.

The rights and obligations of CARICOM nationals was discussed within the context of the theme of the seminar, which was “The Original Jurisdiction of the Caribbean Court of Justice and the Private Sector”.
In its original jurisdiction, the CCJ discharges the functions of an international tribunal, applying rules of international law in respect of the interpretation and application of the Treaty of Chaguaramas.

All members of CARICOM are signed on to this function. The CCJ is also meant to function as the region’s final appellate court, however, not all of the CARICOM members are signed on to this jurisdiction.
Also making a presentation at the seminar was Justice Winston Charles Anderson, who spoke about the CCJ’s function as an adjudicator of disputes pertaining to provisions of the RTC.

However, Dr. Ononaiwu noted that should a CARICOM national have their rights breached, there are avenues where persons can find redress before having to resort to the CCJ.
“There is a CARICOM complaints mechanism that’s there to avoid something escalating to the point where we have to seek redress in court. This complaint mechanism, which is standardised throughout the region, allows anyone who has any situation to literally lodge a complaint.

“The complaint focal point varies from country to country, and then that focal point should then follow up and do some investigation. It was recognised that you have to give nationals the opportunity in the heat of the moment to lodge a complaint about instances where the CSME is not operating as it should,” Dr. Ononaiwu said.