Antigua and Barbuda, Dominica, Grenada, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines: The rights of citizens in countries belonging to the Organisation of Eastern Caribbean States (OECS) Economic Union to residence, employment and education in other OECS Economic Union countries (2013-December 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

For information on the legal framework of free movement of people within the Organisation of Eastern Caribbean States (OECS) Economic Union, including the 2010 Revised Treaty of Basseterre, see Response to Information Request ZZZ103843 of November 2011.

For information on developments between 2011 and July 2013, see Response to Information Request ZZZ104417 of August 2013.

1. Implementation of Free Movement in the OECS Since July 2013

According to the OECS website, as of 1 August 2011, OECS citizens have been permitted to enter the territory of any of the six independent countries of the OECS and "remain for an indefinite period in order to work, establish businesses, provide services or reside" (OECS 20 May 2016).

As stated on the OECS website,

[i]n order to facilitate the free movement of citizens, the following administrative arrangements and procedures are in effect in Member States:

OECS citizens traveling within the Economic Union should enter the special immigration lines designated for CARICOM [n]ationals [1].

OECS citizens traveling within the Union must produce the following documents to the immigration [o]fficials at the point of entry:

• A valid photo identification that bears the nationality of the holder, for example, a passport, driver's licence, voter's registration card or a national ID card.
• A completed E/D [Embarkation-Disembarkation] form.

The immigration official shall grant entry for an indefinite period, save and except in those circumstances where the citizen poses a security risk or there exists some other legal basis for prohibiting entry to the citizen. (OECS 20 May 2016)

In addition to this, the OECS website also states that OECS citizens:

• "will be given a stamp of 'OECS free movement indefinite stay'";
• Can travel to another OECS country on a one-way ticket;
• Do not need to prove financial support;
• Can drive on their local driver's licence;
• Do not require a work permit; and
• "OECS citizens, their spouse, children and dependents will be granted all rights contingent to the right to the freedom of movement that includes access to social systems, labour market schemes, health and education" (OECS n.d.).

According to an October 2014 article on the OECS website, in 2014, the free movement of OECS citizens was fully operational among member states, following "the implementation of the arrangements by Saint Lucia and Antigua and Barbuda to give full effect to the free movement regime" (OECS 30 Oct. 2014). The article further states that this means "[c]itizens of OECS Member States can travel seamlessly with at least a valid national picture ID throughout the participating Member States of the OECS Economic Union - Antigua and Barbuda, Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines [and can enjoy] gainful employment without requiring a work permit [and] stay indefinitely in any Member State under the arrangement" (OECS 30 Oct. 2014).

According to an article on the OECS website, in 2015, "all seven Protocol Member States (including Montserrat) are implementing the regime" (OECS 6 Aug. 2015). An October 2015 article in the OECS Business Focus, a magazine published by the OECS, states the following:

For citizens of Antigua and Barbuda, Dominica, Grenada, Montserrat, St. Kitts and Nevis, Saint Lucia and St. Vincent and the Grenadines the following are in effect as regards free movement of people:

• Citizens have the right to freedom of movement
• Citizens are granted indefinite stay on entry
• Citizens are allowed to travel and enter the countries with a government issued valid photo ID
• Citizens are not required to obtain a work permit
• Citizens are allowed to drive in a Member State on a valid driver's licence from another Member State

These provisions will be supported by the proposed OECS Policy on Rights Contingent to the Freedom of Movement, through which a citizen of a Protocol Member State who exercises the right of free movement enjoys the same general and social rights and privileges accorded to a citizen of the host Member State.

Recognizing that an OECS citizen may move with family, including spouse and dependents, the Policy provides that the right of an OECS citizen to move and reside freely within the OECS Economic Union Area and to enjoy rights and privileges as citizens should also be accorded to his or her family irrespective of nationality. The family unit and quality of family life are therefore protected. (OECS Oct. 2015, 10)

An article published in the August 2016 issue of the OECS Business Focus magazine states the following:

[T]he OECS Commission is actively considering the following in order to move forward with the creation of an OECS Single Domestic Space:

1. Systems required for a harmonized border management, including management structure for border agencies, and security procedures and systems;
2. Procedures and systems for full clearance at Immigration and Customs at the initial port of entry into the Economic Union area, including the separation of domestic and international travelers and ports of entry;
3. Mechanism for information sharing (and for intelligence gathering and sharing) among security agencies in and among Member States;
4. Requirements and implications for the application of a Common Visa Regime;
5. Procedures for treatment of goods – including passengers' baggage – excisable goods (e.g. tobacco-based products and alcohol for personal consumption), as well as personal and household effects owned by individuals relocating to other Member States. (OECS Oct. 2016, 53)

Information on the implementation of the Common Tourism Policy could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, a representative of the OECS stated the following:

The Free Movement of Persons Regime is governed by Article 12 of the Protocol of the Eastern Caribbean Economic Union (ECEU) of the Revised Treaty of Basseterre (RTB) which was signed on 18th June 2010 and ratified in January 2011. [Antigua and Barbuda, Dominica, Grenada, Saint Lucia, Saint Kitts and Nevis, and Saint Vincent and the Grenadines] … are party to the protocol noted above and … have enacted the RTB in their national parliaments.

Article 12.2 of the Protocol provides national treatment to be afforded to citizens of Protocol Member States with respect to access to employment and associated benefits (remuneration and other conditions of work). Article 12.3 of the Protocol provides for Contingent Rights to be granted to citizens of OECS Protocol Member States, their spouse and dependents.

In pursuit of the implementation of these RTB provisions, the OECS Authority (Heads of Government) have:

1. approved a set of Contingent Rights to citizens of OECS Protocol Member States (such as the granting of national treatment with respect to residence status and access to employment opportunities and social services and to protect the rights of the family);
2. removed the requirement for work permits for citizens of Protocol Member States;
3. relaxed the requirements associated with the use of national driver's license;
4. approved the use of national photo ID cards for entry into each other's borders;
5. granted indefinite stay to citizens of Protocol Member States at the border.

…

Citizens of OECS Protocol Member States are granted rights under the indefinite stay regime - which allows for access to employment and the social security/insurance scheme to the citizen of the OECS Protocol Member State and his/her spouse in the receiving Member State.

Further, under the OECS Policy on Contingent Rights, it is intended that national treatment will be granted to the citizen of the OECS Protocol Member State (also called the Principle Beneficiary) and his/her spouse and dependents, with respect to access to social services including public health care and public education services.

…

Family members, specifically the spouse and dependents of the citizen of an OECS Protocol Member State, are covered under the OECS Policy on Contingent Rights. Under the OECS Policy on Contingent Rights, dependents includes:

1. any unmarried child of the OECS Citizen and/or that of his or her spouse:
   
   1. under the age of 18 years;
   2. under the age of 25 years attending school or university full time;
   3. over the age of years [sic] who, due to disability, is wholly dependent on a principal beneficiary
2. parents of principal beneficiary wholly dependent on such beneficiary.

…

Articles 12.4 and 12.5 allow for the Free Movement of Persons Regime to be monitored by the OECS Authority and the OECS Commission. The OECS Authority may on the basis of national security or other basis that it may deem appropriate impose restrictions on the movement of OECS citizens. Extradition under national laws and other international treaty obligations is also a possible way in which persons can be removed. (OECS 6 Dec. 2017)

A sample of the OECS registration form, provided by the Government of Saint Kitts and Nevis, is attached to this Response.

1.1. Antigua and Barbuda

A November 2014 press release by the Antigua and Barbuda government indicates that OECS citizens "are no longer required to apply for a [w]ork [p]ermit to be employed in Antigua and Barbuda [and that] current work permit holders will not be required to make applications for renewals of their work permits" (Antigua and Barbuda 26 Nov. 2014). A November 2014 article on Demerara Waves, a Guyanese news website, also notes that "Antigua and Barbuda has finally completed the process to waive the need for work permits for nationals of the [OECS]. The country is the last member-nation of the OECS to implement this along with the granting of indefinite stays for OECS nationals" (Demerara Waves 26 Nov. 2014).

However, a July 2016 article published by the Daily Observer, a daily newspaper in Antigua, indicates that Antigua and Barbuda has not honoured its obligations for the OECS Free Movement, citing the Director General of the OECS as stating that Antigua and Barbuda "is the only independent member state of the OECS that does not grant the stamp immediately upon arrival" (The Daily Observer 22 July 2016). According to the same article, the country instead obliges OECS citizens on arrival to "present themselves to the Immigration Department where they must apply and pay a fee before the indefinite status is granted" (The Daily Observer 22 July 2016). The article further states that,

[u]nder the Revised Treaty of Basseterre, member states agreed to the implementation of the administration arrangements to give effect to the free movement of people. As part of the arrangement, upon arrival, nationals who are part of the OECS Economic Union will be offered an Indefinite Stay Stamp by Immigration.

Apart from making an in-person appearance at the Immigration Department, a fee of $75 [C$36] and a passport-size photo, and a job letter for those employed, also applies. (The Daily Observer 22 July 2016)

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2. Dominica

According to an article on the website of the Dominica government, in 2014, Dominica has "finalized all legal and administrative arrangements to give effect" to the provisions for the OECS Economic Union and has "met all requirements regarding the free movement of OECS nationals" after the President signed three bills that were passed in parliament in October 2013 (Dominica 27 Jan. 2014).

Information on the implementation of the legislation passed to meet OECS requirements regarding free movement could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.3. Grenada

The information in the following paragraph was provided in correspondence with the Research Directorate by an official at the Ministry of Foreign Affairs of Grenada.

OECS citizens who move to Grenada are granted "National Treatment" in accordance with the Revised Treaty of Basseterre and Immigration (Amendment) Act No. 7 of 2012. The sponsorship of family members of OECS citizens "can be expected to be facilitated pursuant to the same laws that govern" the sponsorship of family member of Grenada nationals. The residency requirements for OECS citizens are governed by Section 4 of Immigration (Amendment) Act No. 7 of 2012 (Grenada 14 Dec. 2017).

According to Section 4 of the Immigration (Amendment) Act No. 7 of 2012:

4. The principal Act is amended by inserting after section 4 the following new section–

4A. —

1. Subject to section 4, an immigration officer shall grant a permit for a citizen of a Protocol Member State to enter and remain in Grenada for a stay of indefinite duration.
2. The right to enter and remain in Grenada under subsection (1) may be revoked if a person is deemed to be a prohibited alien in accordance with the procedures for due process set out in this Act. (Grenada 2012)

1.4. Saint Kitts and Nevis

A July 2013 article by ZIZ, the national broadcasting corporation of Saint Kitts and Nevis, reports that the St. Kitts and Nevis Cabinet "has agreed to implement several measures to facilitate the free movement among OECS nationals and has endorsed the OECS recommendation to harmonise and liberalise visa policies" (ZIZ 22 July 2013).

In correspondence with the Research Directorate, a representative of Saint Kitts and Nevis stated the following:

The Government of St. Kitts and Nevis fully implements its obligations under the Revised Treaty of Basseterre (RTB), specifically Article 12 of the Protocol of the Eastern Caribbean Economic Union, which aims to facilitate the free movement of citizens of Protocol Member States. Additionally, rights contingent on such free movement are accorded to dependents of persons exercising the right of free movement.

Nationals of Protocol Member States are allowed entry using a valid State-issued identification card. This ID card should contain a photo. The Ministry of National Security plays a lead role in monitoring the implementation of the free movement regime.

All impediments to accessing the housing market, labour market, health care facilities and education establishments have been removed. Nationals of Protocol Member States therefore are not required to obtain work permits or pay additional administrative charges which are associated with residency by foreign nationals.

There is an administrative procedure governing the issuance of the "indefinite stay" stamp affixed to holders of passport of Protocol Member States. The applicant is required to complete the attached application form and submit the following:

1. valid passport
2. completed application form
3. police certificate (issued within six months of application date)
4. one photo (passport sized)

The aforementioned administrative procedure is vital to the effective monitoring of the free movement of persons regime. There is no associated administrative cost to applicants.

Authorities at the Ministry of National Security have expressed concern regarding the number of cases where dependent children with foreign passports (e.g. US, UK, Canadian) request the "indefinite entry" stamp in those passports, via their parents. This poses a challenge, given the requirement for the stamp to be placed in the passport of a Protocol Member State. The applicants are therefore required to submit a passport of nationality of the parent. This usually results in a delay in the application process.

Extradition of OECS nationals under the free movement regime is rare. A person may be removed if deemed a threat to national security.

Persons considered a threat to national security are flagged by the Barbados-based Joint Regional Communications Centre (JRCC), and are denied entry at Immigration post. (Saint Kitts and Nevis 13 Dec. 2017)

1.5. Saint Lucia

An April 2014 article by Dominica News Online, a Dominican news website, stated that Dominica's ambassador to the OECS "called on [Saint] Lucia to pass legislation to allow free entry and movement of OECS nationals within its borders," saying that legislation in Saint Lucia "has been dragging behind," and citing that Dominica and Antigua and Barbuda had already passed laws on free movement of people and goods (Dominica News Online 28 Apr. 2014). According to an August 2014 article published by St. Lucia News Online, a Saint Lucian news website, the OECS Commission's Regional Integration Unit announced on 15 August 2014 that "Saint Lucia's implementation of the administration arrangements to give effect to the Movement of people Regime was complete" (St. Lucia News Online 26 Aug. 2014).

An August 2014 press release by the OECS, published on the Saint Lucian government's website, reports that OECS citizens can now stay in Saint Lucia indefinitely, and will be offered an indefinite stay stamp upon arrival (OECS 21 Aug. 2014). The article also states that OECS citizens seeking employment in Saint Lucia "will no longer require a work permit once they receive the stamp for indefinite stay" (OECS 21 Aug. 2014).

Information on the implementation of free movement legislation in Saint Lucia could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.6. Saint Vincent and the Grenadines

A document titled "Requirements for Residence and Work Permit" from the Prime Minister's Office in Saint Vincent and the Grenadines indicates that "OECS nationals are not required to submit work and residence applications" since 1 August 2011 (Saint Vincent and the Grenadines n.d.).

Information on the implementation of free movement legislation in Saint Vincent and the Grenadines could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on access to education by OECS citizens could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The Caribbean Community (CARICOM) is composed of fifteen member states: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, and Trinidad and Tobago and five associate members: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, and Turks and Caicos Islands (CARICOM n.d.).

References

Antigua and Barbuda. 26 November 2014. Government of Antigua and Barbuda. "Non-Application of Division F for OECS Nationals." [Accessed 1 Dec. 2017]

Caribbean Community (CARICOM). N.d. "How We Work." [Accessed 4 Dec. 2017]

The Daily Observer. 22 July 2016. Shermain Bique. "A&B Chided over 'Free Movement'." [Accessed 24 Nov. 2017]

Demerara Waves. 26 November 2014. "Antigua and Barbuda Now Part of OECS Free Movement System." [Accessed 27 Nov. 2017]

Dominica. 27 January 2014. Government Information Service (GIS). "Dominica Meets All Requirements for Free Movement of OECS Nationals." [Accessed 27 Nov. 2017]

Dominica News Online. 28 April 2014. "St. Lucia Lagging in Free Movement of People - Gregoire." [Accessed 24 Nov. 2017]

Grenada. 14 December 2017. Correspondence from an official at the Ministry of Foreign Affairs to the Research Directorate.

Grenada. 2012. Immigration (Amendment) Act No. 7 of 2012. Sent to the Research Directorate by an official at the Ministry of Foreign Affairs of Grenada, 15 December 2017.

Organisation of Eastern Caribbean States (OECS). 6 December 2017. Correspondence from a representative to the Research Directorate.

Organisation of Eastern Caribbean States (OECS). October 2016. OECS Commission. "Increased Intra-Regional Travel for Deeper Integration." OECS Business Focus No. 4. By Dr. Lorraine Nicholas. [Accessed 24 Nov. 2017]

Organisation of Eastern Caribbean States (OECS). 20 May 2016. OECS Secretariat. Free Movement of OECS Citizens: Administrative Arrangements and Procedures. [Accessed 8 Sept. 2017]

Organisation of Eastern Caribbean States (OECS). October 2015. OECS Commission. "Advances Made and Potential Benefits of the OECS Free Movement Regime." OECS Business Focus No. 1. By Elma Gene Isaac. [Accessed 12 Sept. 2017]

Organisation of Eastern Caribbean States (OECS). 6 August 2015. OECS Commission. "Four Years on Since the Implementation of the Free Movement of OECS Nationals." [Accessed 11 Sept. 2017]

Organisation of Eastern Caribbean States (OECS). 30 October 2014. OECS Commission. "Free Movement of Citizens Across the OECS Economic Union is a Reality." [Accessed 11 Sept. 2017]

Organisation of Eastern Caribbean States (OECS). 21 August 2014. "Saint Lucia Implements Instruments for OECS Free Movement of People." [Accessed 1 Dec. 2017]

Organisation of Eastern Caribbean States (OECS). N.d. "Frequently Asked Questions." [Accessed 23 Nov. 2017]

Saint Kitts and Nevis. 13 December 2017. Correspondence from a representative to the Research Directorate.

Saint Vincent and the Grenadines. N.d. Office of the Prime Minister. Requirements for Residence and Work Permit. [Accessed 1 Dec. 2017]

St. Lucia News Online. 26 August 2014. Fernelle Neptune. "OECS Highlights Benefits Associated With 'Free Movement' Treaty." [Accessed 27 Nov. 2017]

ZIZ. 22 July 2013. "St. Kitts and Nevis Takes Measures to Facilitate the Free Movement Within the OECS and Harmonise and Liberalise Visa Policies." [Accessed 4 Dec. 2017]

Additional Sources Consulted

Oral sources: Antigua and Barbuda – Consulate General in Toronto, Ministry of Foreign Affairs, International Trade and Immigration; Dominica – Embassy to the US, Ministry of Foreign Affairs and Caricom Affairs; Saint Kitts and Nevis – Embassy to the US, High Commission in London; Saint Lucia – Ambassador to Caribbean Community, Consulate General in Toronto; Saint Vincent and the Grenadines – Consulate General in Toronto, Ministry of Foreign Affairs, Trade and Commerce.

Internet sites, including: Amnesty International; Caribarena; Caribbean Broadcasting Corporation; Caribbean Community; Caribbean Life News; Dominica Vibes; ecoi.net; EU – External Action Service; Factiva; Freedom House; Grenada – Government Web Portal; Human Rights Watch; Jamaica Observer; Now Grenada; Organization of American States; Saint Kitts and Nevis – Government Web Portal; Saint Lucia – Government Web Portal; Saint Lucia Times; Times Caribbean; UN – Refworld; University of the West Indies; US – Department of State; The Vincentian; The Voice (Saint Lucia); West Indies News Network; World Trade Organization.

Attachment

Saint Kitts and Nevis. N.d. "OECS Registration Form." Sent to the Research Directorate by a government representative, 13 December 2017.