This move should enhance CARICOM’s credibility and bring the community one step closer to the people of the region. We are also promised that in coming months arrangements will be finalised to give effect to free movement of new categories of self employed CARICOM nationals establishing businesses, providing services, moving capital, and their managerial, technical and supervisory staff and spouses and immediate dependent family members.

One hopes that these categories of workers will take full advantage of the new arrangements scheduled for August 1, while the self-employed push for an early implementation of the promised liberalisation.

Another significant step was the completion of the legal framework for the inauguration of the Caribbean Court of Justice, which will take place by the end of 2003. Legal instruments were signed including those relating to the Regional Judicial and Services Commission and the CCJ Trust Fund, which will provide financial independence and security to the Court. But the Communiqué makes it clear that some Member States have yet to complete the internal legislation necessary to facilitate the original and appellate jurisdiction of the Court.

The section of the communiqué on the proposed Commission is carefully worded. After reaffirming that CARICOM is a Community of Sovereign States, it speaks of developing a system of “mature regionalism in which critical policy decisions of the Community taken by Heads of Government, or by other Organs of the Community, will have the force of law throughout the Region as a result of the operation of domestic legislation and the Treaty of Chaguaramas appropriately revised, and the authority of the Caribbean Court in its original jurisdiction—taking into account the constitutional provisions of member states” (my emphasis).

At present, decisions are already implemented through domestic legislation and very soon, the authority of the CCJ will be added to this. What is new in the above is the possibility of an ‘appropriate revision’ of the Treaty of Chaguaramas to give legal effect to CARICOM decisions. This is somewhat like the European model. But there is also the caveat relating to respecting the existing constitutional provisions of member states.

Against this background it seems clear that the proposed Commission will not have supra-national law-making powers of any kind. The declaration asserts that its function “will be to exercise full-time executive responsibility for furthering implementation of Community decisions…accountable to the Conference of Heads of Government and (will be) responsive to the authority of other Organs of the Community..”

What kind of executive powers it will have and its place on the existing CARICOM structure is still to be worked out (see the picture below). A working group of Prime Ministers will make a preliminary report on these questions in November.

The issues are delicate. They involve the sharing of power between sovereign states and the wider Community that is at the heart of any integration group. Interesting times ahead!

Professor Norman Girvan is Secretary General of the Association of Caribbean States. The views expressed are not necessarily the official views of the ACS. Feedback can be sent to mail@acs-aec.org.

July 8, 2003