Free Movement of Labour and Regulatory Harmonization Issues in CARICOM

1. Free Movement of Labour and Regulatory Harmonization Issues in CARICOM Ramesh Chaitoo Services Trade Specialist, CRNM rchaitoo@crnm.org OAS Workshop on Labour Dimension of FTAs and Regional Integration Processes Port of Spain, July 10, 2007

2. CARICOM Single Market and Economy (CSME) • Free movement of capital, services and labour by December 31, 2005 • Seamless economic space – Antigua & Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, St Kitts & Nevis, St Lucia, St Vincent & Grenadines, Suriname, Trinidad & Tobago

3. Categories of Persons Eligible to Move Freely • CARICOM nationals/natural persons who are: • University graduates; • Media persons, sports persons, artistes and musicians; • Self-employed service providers; • Managerial, Technical and Supervisory staff relating to the particular enterprise;

4. Phased Approach to Free Movement • Standardisation of qualifications. • Free movement is being phased in gradually and the categories of Artisans, Associate Degrees and equivalent qualifications are to be granted this right by the end of 2007.

5. Categories (cont’d) • Spouses and immediate dependent family members; and • Consumers consuming services abroad. • Or a company or other legal entity which is 50% or more owned and effectively controlled by a CARICOM national with the power to name a majority of its directors or otherwise legally direct its actions

6. “CARICOM national” means a person who: (a) is a citizen of a Member State; or (b) has a connection with a Member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being a native or resident of such a Member State for the purposes of the laws thereof relating to immigration;

7. Mutual Recognition in CARICOM • Article 35 of the Revised Treaty (2001) Acceptance of Diplomas, Certificates and Other Evidence of Qualifications

8. CARICOM Revised Treaty - Art. 35 1. COHSOD, ….. shall establish common standards and measures for accreditation or when necessary for the mutual recognition of diplomas, certificates and other evidence of qualifications of nationals of the Member States in order to facilitate access to, and engagement in, employment and non-wage-earning activities in the Community.

9. Art. 35 2. The Member States shall establish or employ, as the case may be, appropriate mechanisms to establish common standards to determine equivalency or accord accreditation to diplomas, certificates and other evidence of qualifications secured by nationals of other Member States.

10. Art. 35 3. COHSOD shall also establish measures for the coordination of legislative and administrative requirements of the Member States for the participation of Community nationals in employment and for the conduct of non-wage-earning activities in the Community.

11. Regime for Professional Services Step 1 - Implementation of common Skills Legislation to allow the free movement of university graduates Step 2 - Development of regulatory and administrative arrangements for free movement Step 3 - Establishment of a national and regional accreditation infrastructure

12. Regime (cont’d) Step 4 – Introduction of model legislation for professional services to allow convergence of regulations; slow process 1st initiative - Caribbean Accreditation Authority for Education in Medical and Other Health Professions

13. So, what is on the ground now? • Regional associations for: accounting, architecture, engineering, legal, doctors and nurses. • Not much movement previously; segmented national markets • Official process will change that with Single Market – no work permit requirement

14. Movement of Vocational Skills In the absence of professional bodies in the case of artisans, it is a challenge to ensure standards across region. National Vocational Qualifications (NVQs) and Caribbean Vocational Qualifications (CVQs) are being implemented in an effort to address this. In the case of ‘equivalent qualifications’ there has to be regional collaboration among the accreditation bodies.

15. CANTA - Regional Body • CANTA - Caribbean Association of Regional Training Agencies • Established in Nov. 2003 • Founding members - Barbados TVET Council; Jamaica Heart Trust/NTA; Trinidad & Tobago NTA • CANTA is Advisory Body to COHSOD

16. XV COHSOD: • Approved establishment of scheme for award of Caribbean Vocational Qualification. • Authorized the National Training Agencies which had approved arrangements for issuing NVQs to offer the CVQ. • Requested NTAs, Ministries of Education & Caribbean Examination Council (CXC) to work towards awarding CVQ in school system. • In July 2006 Caricom HOG agreed that free movement of artisans can begin as soon as CVQ is launched.

17. Legal Services • Caribbean Council for Legal Education • National Bar Associations • University of the West Indies – LLB • Regional Law Schools (3) grant Legal Education Certificate – 2 yrs study • New lawyers from region – no problem for movement • More complicated for outsiders

18. Acceptance of other lawyers • If trained overseas may have to write exam to gain entrance to law school • Places are quite limited • Various scenarios but lawyer does not need to be called to Bar if only providing legal advice; • Only critical if need to appear before Court • If registered in one Caricom state lawyer should be recognized by others

19. Medical Professionals • If doctors are UWI trained or from accredited universities – fairly easy • If from other circumstances – complex procedure • Nurses – Regional exam and common standards. Nurses should be able to move in Caricom; but they emigrate instead!!

20. Conclusion • Mutual recognition, equivalence, accreditation, common standards mandated in Treaty setting up single market • Governments set rules – professional & vocational associations have to comply • Licensing & registration requirements at the national level will eventually converge