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Free Movement in the CARICOM Single Market and Economy (CSME) |
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The free movement of skills initiative originated in the 1989
Grand Anse Declaration, but the original concept has been modified over the
years in order to facilitate the implementation of this mandate.
Basically, free movement of skills entails the right to seek
employment in any Member State and the elimination of the need for work permits
and permits of stay.
It is important to note from the outset that free movement is an
important pillar of any genuine single market and economy, thus also the CSME.
Article 45 of the revised Treaty of Chaguaramas therefore states
that:
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"Member States commit themselves to the goal of the
free movement of their nationals within the Community". |
Furthermore, in Article II, Respect for Fundamental Human Rights
and Freedoms, of the Charter of Civil Society, the following is included as one
of the fundamental humans rights and freedoms :
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"Freedom of movement within the Caribbean Community,
subject to such exceptions and qualifications as may be authorised by
national law and which are reasonably justifiable in a free and
democratic society".
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Notwithstanding the above, the Conference decided to implement
free movement of skills in a phased approach, but the ultimate goal is free
movement for all.
The process of freeing up the movement of all nationals will
continue well beyond 31 December 2005 when the key elements of the CSME must be
in place.
Definition of Categories for free movement of skills
Graduates are persons who have obtained at least a Bachelor's Degree
from a recognised university.
Media Persons are persons whose primary source of income is drawn from
media and media-related work or persons who are qualified to enter this field.
Artists are persons who are active in or qualified to enter a
particular field of art with the specific purpose to earn a living.
Musicians are persons who are active in or qualified to enter a
particular field of music with the specific purpose to earn a living.
Sportspersons are persons who are active in or qualified to enter a
particular field of sports with the specific purpose to earn a living as a
professional or semi-professional.
Free Movement of University Graduates:
In July 1995 the Conference of Heads of Government agreed that,
with effect from January 1996, CARICOM Nationals, who are University Graduates,
should be allowed to move freely in the Region for work purposes, thereby
eliminating the need for work permits and permits of stay.
In order to operationalise this mandate Member States had to
complete a number of legal steps, such as enacting and proclaiming legislation.
The Secretariat tried to facilitate this process by providing
Member States with model legislation on the free movement of skills. Member
States thus had to adjust the model legislation to their specific domestic needs
and enact and proclaim it.
Member States furthermore had to put in place the necessary
administrative and procedural framework in order to process applications under
their free movement of skills act.
So far, twelve Member States have enacted legislation and put in
place the necessary administrative arrangements to give effect to the mandate of
the Conference.
Montserrat still needs to undertake the legal steps and put in
place the necessary administrative framework, but in order to proceed with these
steps entrustment from the United Kingdom is needed.
Antigua and Barbuda is currently correcting a flaw in the order,
which operationalised the free movement of skills, so applications can not be
processed at this point in time. The expectation is that the processing of
applications will resume shortly.
This means that currently University Graduates should be able to
work in all Member States without the need for a work permit and permit of stay,
except in Montserrat en Antigua and Barbuda.
Free Movement of Artistes, Sports Persons, Musicians and Media
Workers:
In July 1996, the Conference expanded the categories of persons
allowed free movement for work purposes to include Artistes, Sports Persons,
Musicians and Media Workers.
In order to give legal effect to this mandate, Member States
also had to or must still enact or amend legislation and put in place the
necessary administrative and procedural framework.
Currently, the free movement of these categories is in place in
all Member States, except Antigua and Barbuda, Barbados, Montserrat and St.
Kitts and Nevis.
The following criteria will be applied to determine if a person
is a media worker, artistes, musicians or sportsperson:
Criteria for Media Workers :
Media persons are persons whose primary source of income is
drawn from media and media-related work. Such persons perform functions of :
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- media managers
and administrators
- editors and
sub-editors
- reporters,
producers, announcers and broadcasters
- camera operators,
sound engineering and video technicians, production workers (in the print and
electronic media, etc.), graphic artists, cartoonists and photographers
- administrators
and editorial departments, programming departments and newsrooms
- other related
personnel whose functions are not here classified
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Criteria for Sportspersons
Professional Athletes :
- Athletes who are
registered or are registering themselves as a professional or semi-professional
Coaches :
- Qualifications at
a specified level obtained from an International Association or Regional and International Institution as approved by the
Regional Federation of the specific Sport
- Minimum period of
practice and experience at a specified level of the Sport
- Affiliation to
the respective Sport Federation
The specific Professional Standards for cricket, football and
athletic coaches as proposed by the Regional Associations are set out below :
I. Cricket Coaches :
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- WICB Senior
Coaching Certificate
- Must have been
attached to or involved in coaching at the territorial level (i.e. under 15,
under 19, etc.0 within the past 3 years
- Affiliated to the
National Cricket Association
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II. Football Coaches :
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- Diplomas from
reputable institutions, e.g. :
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- FIFA Level III Coaching Certificate
- Brazil Football Academy Coaching Diploma
- Football Association of England Coaching Diploma
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- Practicing within
the last 18 months
- Affiliated to the
National Football Federation
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III. Track and Field Coaches :
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- IAAFCES Level II
Coaching Certificate in the following specific areas :
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- sprints and hurdles
- middle and long distance running
- throws and jumps
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or
- A Diploma in
Coaching from a reputable Institution
- Practical
experience within the past 24 months
- Affiliated to the
National Athletic Association
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Criteria for Artistes and Musicians :
I Artistes (visual, plastic, performing, literary, folk,
carnival) :
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- impact in area of
activity at community or national
- record of awards
from professional or national body
- record of
employment in the field
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II Technician (stage managers, road managers, light/sound
operators, etc.) :
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- Impact in area of
activity at national level
- Track record in
specified area
- Evidence of
special training in the specific field
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III Support Staff (road crew, etc.) :
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- Attachment to
Artistes / Musicians
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IV Arts Educator who is a Non-University Graduate :
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- qualifications
suitable to the level of operation within the education system
- evidence of
special training in the specific field
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Certificate of Recognition of CARICOM Skills Qualification:
Critical to the process of moving to other Member States for
work purposes is the Certificate of Recognition of CARICOM Skills Qualification, which can be
obtained from the designated Ministry in your home country or host country.
The designated Ministries in our Community are :
| Antigua and Barbuda |
Ministry responsible for Labour |
| Barbados |
Ministry responsible for Immigration / Immigration
Department |
| Belize |
Ministry responsible for Immigration / Immigration
Department |
| Dominica |
Ministry responsible for Immigration |
| Grenada |
Ministry responsible for Caribbean Community Affairs |
| Guyana |
Ministry responsible for Caribbean Community Affairs |
| Jamaica |
Ministry responsible for Labour |
| St. Kitts and Nevis |
Ministry responsible for National Security
and Immigration |
| Saint Lucia |
Ministry responsible for Caribbean Community Affairs |
| St. Vincent and the Grenadines |
Ministry responsible for
Immigration |
| Suriname |
Ministry responsible for Labour |
| Trinidad and Tobago |
Ministry responsible for Caribbean Community
Affairs |
The Certificate of Recognition of CARICOM Skills Qualification
should facilitate your entry into another Member State. You will be granted a definite entry of six months, if you enter
a Member State with a Certificate issued by your home country or a Member State other than the
receiving country.
During this time period your qualifications will be reviewed by
the receiving country and once that Member State is satisfied that you have met the qualifications,
you will be granted indefinite entry.
The designated Ministry in your home or host country can be
contacted for information on documents needed and the steps, which you must take to obtain a
Certificate of Recognition of CARICOM Skills Qualification.
However, in general, an applicant needs to submit the following
information :
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- a valid passport;
- certified copies of relevant qualifications;
- police certificate of character. |
In the case of artistes, media workers, musicians and
sportspersons the following documents will be required in addition to the once mentioned above :
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- letters from previous employers, and / or
- letters from national arts, media or sports foundations; and
/or
- letters from the Ministry responsible for arts, sports or
information
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Free movement of the other Chapter III, previously
Protocol II categories:
Chapter III of the Revised Treaty of Chaguaramas provides for
the free movement of non-wage earners, either as service providers and/or to establish
businesses, including managerial, supervisory and technical staff, and their spouses and immediate
family members.
The free movement of these categories will be dealt with as part
of the Programme for the Removal of Restrictions, which came into effect on March 1,
2002.
This programme must be completed by December 31,
2005 by all Member States, but by December 31,
2003 and December 31,
2004 some restrictions must have been removed by Member States.
Work permit requirements are the main labour /
immigration-related restrictions in this Programme.
Ministries with Responsibility for Free Movement of Skills in Member
States
The Free Movement of Skills in not being handled by the same Ministry in each
Member State participating in the CARICOM Single Market and Economy, so persons
who are planning to move must contact the following designated Ministries for
information:
| Antigua and Barbuda |
Ministry responsible for Labour |
| Barbados |
Ministry responsible for Immigration/
Immigration Department |
| Belize |
Ministry responsible for Immigration
Immigration Department |
| Dominica |
Ministry responsible for Immigration |
| Grenada |
Ministry responsible for Caribbean
Community Affairs |
| Guyana |
Ministry responsible for Caribbean
Community Affairs |
| Jamaica |
Ministry responsible for Labour |
| St. Kitts and Nevis |
Ministry responsible for National Security
and Immigration |
| Saint Lucia |
Ministry responsible for Caribbean
Community Affairs |
| St. Vincent and the Grenadines |
Ministry responsible for Immigration |
| Suriname |
Ministry responsible for Labour |
| Trinidad and Tobago |
Ministry responsible for Caribbean
Community Affairs |
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