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, citizenship and education in other OECS Economic Union countries
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 7 November 2011 |
| Citation / Document Symbol | ZZZ103843.E |
| Related Document(s) | Antigua-et-Barbuda, Dominique, Grenade, Sainte-Lucie, Saint-Kitts-et-Nevis, Saint-Vincent-et-les Grenadines : information sur les droits des citoyens des pays faisant partie de l'Union économique (Economic Union) de l'Organisation des États des Caraïbes orientales (Organisation of Eastern Caribbean States - OECS) à la résidence, à l'emploi, à la citoyenneté et à l'éducation dans les autres pays de l'Union économique de l'OECS |
| Cite as | Canada: Immigration and Refugee Board of Canada, 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, citizenship and education in other OECS Economic Union countries, 7 November 2011, ZZZ103843.E, available at: https://www.refworld.org/docid/5072ae6b2.html [accessed 27 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Overview of the Organisation of Eastern Caribbean States (OECS)
The Organisation of Eastern Caribbean States (OECS) was established in 1981 to promote unity and cooperation among member states in the region (OECS 29 Apr. 2010). According to the OECS website, Antigua and Barbuda, Dominica, Grenada, Montserrat, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines are full members of the OECS, while Anguilla and the British Virgin Islands are associate members (ibid.). The OECS indicates that member states have many things in common, such as their geographical locations, similar histories, people of similar racial backgrounds, and mixed communities among the states (such as through marriage and inter-island travel) (OECS Apr. 2008, 4). The OECS members have a combined population of less than 600,000 people (ibid., 3; Dominica Central 18 Apr. 2011). OECS states share a common currency and a central bank, as well as several regional institutions such as the Eastern Caribbean Supreme Court, the Pharmaceutical Procurement System, the Eastern Caribbean Civil Aviation Authority, and the Eastern Caribbean Telecommunications Authority (ibid.; OECS Apr. 2008, 5-6).
The OECS Economic Union
The Revised Treaty of Basseterre, which established the OECS Economic Union, was signed on 18 June 2010 (The Daily Herald 28 June 2010; OECS 21 Oct. 2011) and entered into force on 21 January 2011 (ibid.; CMC 26 Jan. 2011; AntiguaObserver.com 26 Jan. 2011). The signatories are Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines (OECS 18 June 2010). Montserrat, Anguilla and the British Virgin Islands are not signatories (ibid.; CMC 22 Aug. 2011), but the Caribbean Media Corporation (CMC) indicates that they may join at a later date (ibid.). The Chairman of the OECS Authority describes the OECS Economic Union as "a single financial and economic space within which all factors of production, goods, services and people will move without hindrance" (qtd. in Dominica Central 18 Apr. 2011). A project officer for the Regional Integration Unit of the OECS, in correspondence with the Research Directorate, similarly explained that the Revised Treaty calls for "closer cooperation on certain governance related matters and deepening economic integration" (OECS 21 Oct. 2011). Caribbean media sources indicate that, as part of the new OECS structure, there will be a regional parliament (CMC 26 Jan. 2011; Dominica Central 18 Apr. 2011). According to CMC, the OECS parliament will have decision-making power for regional legislation in areas ranging from finance and trade to immigration (CMC 26 Jan. 2011).
Rights to Residence and Employment within the OECS Economic Union
Regarding free movement of people in the region, Article 12 of the Protocol of the Revised Treaty of Basseterre states the following:
12.1 Freedom of movement for citizens of Protocol Member States shall be secured within the Economic Union Area.
12.2 Such freedom of movement shall entail the abolition of any discrimination based on nationality between citizens of the Protocol Member States as regards employment, remuneration and other conditions of work and employment.
12.3 Citizens of Protocol Member States shall enjoy in the Economic Union Area the rights contingent to the right of freedom of movement that are agreed by Protocol Member States.
12.4 The OECS Authority and the OECS Commission shall regularly monitor the implementation of this Article.
12.5 Notwithstanding any provisions of this Article, a Protocol Member State may, subject to the approval of the OECS Authority, regulate the movement of such citizens. (OECS 18 June 2010)
Several sources report that free movement of OECS citizens within the six independent OECS countries of Antigua and Barbuda, Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, and Saint Vincent and the Grenadines, began on 1 August 2011 (IHS Global Insight 8 Aug. 2011; The Grenadian Voice 19 Aug. 2011; OECS 5 Aug. 2011). According to an OECS press release, citizens from these OECS countries have a right to enter the other countries and "remain for an indefinite period in order to work, establish businesses, provide services or reside" (ibid.). The OECS project officer explained that citizens of member countries who move to other member countries "must be treated in the same manner" as other nationals, have the right to employment without first obtaining a work permit, and have the right to contribute to and collect from the social security system (ibid. 21 Oct. 2011). However, she noted that "a related matter is the right to buy land and in that regard the OECS Secretariat is currently undertaking a legislative review of the various pieces of legislation that govern the purchase of land" (ibid.).
The press release from the OECS outlines the administrative procedures for the free movement of OECS citizens in the six independent countries as follows:
OECS citizens traveling within the Economic Union should enter the special immigration lines designated for CARICOM [Caribbean Community and Common Market] Nationals.
OECS citizens traveling within the Union must produce the following documents to the immigration Officials at the point of entry:
- A valid photo identification card that bears the nationality of the holder, for example, a passport, driver's license, voter's registration card or a national ID card.
- A completed E/D [Entry/Departure] form.(ibid. 5 Aug. 2011)
The OECS states that immigration officials grant entry for "an indefinite period" except in cases in which the OECS citizen is a "security risk" or there is a "legal basis" for denying entry (ibid.).
Rights to Citizenship within the OECS Economic Union
The OECS project officer explained that the establishment of the OECS Economic Union did not change the legislation or administrative procedures for citizens of member countries to acquire citizenship in other member countries (ibid. 21 Oct. 2011). According to the project officer, a citizen of an OECS country who wants to obtain citizenship of another OECS country must apply for citizenship according to the laws and procedures set out by that country (ibid.).
Rights to Education and Social Services
Article 22.1 of the Protocol of the Revised Treaty calls for member states to
- harmonise accreditation of educational and vocational programmes and courses, at all levels from early childhood education to tertiary level;
- harmonise and standardize age-appropriate and relevant curriculum and assessments for the various learning and training institutions in order to ensure the development of essential skills and knowledge of students (OECS 18 June 2010)
Article 23 addresses the need for a "harmonized, common policy framework for human and social development" (ibid., Art. 23.1(a)). Furthermore, the Protocol of the Revised Treaty states that member states agree to
provide the enabling legislative, policy and administrative environment needed to support social relations and cohesion for children, youth, men and women in the Economic Union Area, with particular attention to the consequences and impact of the free movement of peoples on shared family responsibilities and economic stability (ibid., Art. 23.1(F))
The OECS project officer maintained that OECS citizens who relocate to other member states, along with their spouse, children, dependents and other family members, have rights to access all social services and education in the other OECS country (OECS 21 Oct. 2011). She also noted that in cases in which a family member is not an OECS citizen, that person would be granted a six-month stay, during which they could regularize their status with the immigration department (ibid.).
Implementation Challenges
Caribbean media sources report that, in January of 2011, the OECS countries set a deadline to enact domestic legislation to ensure that the Revised Treaty of Basseterre would become domestic law in member countries before the 1 August 2011 commencement of free movement of citizens within the OECS Economic Union (AntiguaObserver.com 26 Jan. 2011; CMC 26 Jan. 2011). However, according to WINN FM, a Basseterre-based radio station, only two of the six member countries had enacted domestic legislation to facilitate free movement within the OECS Economic Union by August 2011 (5 Aug. 2011). An example of this is found on the website of the Antigua and Barbuda government, who stated that although the government is "fully committed" to the OECS Economic Union agreement, as of 29 July 2011, the legislation to enact free movement of people within the OECS was still under review in parliament (29 July 2011). Furthermore, in October 2011, the OECS project officer for the Regional Integration Unit corroborated that not all member states had enacted domestic legislation, but that they are "now undertaking the legislative process and all related required actions that will give effect to the provisions of the Revised Treaty in their Member State" (OECS 21 Oct. 2011). She noted that the OECS expects the legislative process to be finished by the end of 2011 (ibid.).
When asked about challenges faced by OECS citizens who relocate to other OECS countries, the OECS project officer admitted that "not all member states have fully implemented the administrative procedures and arrangements to give full effect to the regime" (OECS 21 Oct. 2011). However, she also notes that the OECS Secretariat is working to address issues that impede implementation (ibid.).
According to the CMC, the Caribbean Union of Teachers maintains that the regional governments need to educate the public about their rights to free movement within the six independent OECS countries (CMC 22 Aug. 2011). According to the General Secretary of the St. Lucia Teachers Union, many people in the sub-region are not aware of the OECS free movement policy, and few know the prerequisites for travelling within the OECS (ibid.). The OECS project officer noted that statistics are not yet available regarding the free movement of people within the OECS (21 Oct. 2011).
Two media sources report that the OECS countries lack adequate laws to protect the rights of people who move to other OECS countries (The Grenadian Voice 19 Aug. 2011; CMC 22 Aug. 2011). The General Secretary of Saint Lucia's largest trade union, the National Worker's Union, claims that arrangements are not in place for workers to secure social security benefits when moving to another OECS country (ibid.). Similarly, in interview with The Grenadian Voice, an economist maintained that OECS countries do not have laws and institutions in place to ensure that OECS citizens who move have the same rights and benefits as others in the host country (19 Aug. 2011).
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.
References
Antigua and Barbuda. 29 July 2011. "OECS Free Movement of People Regime to Commence 1st August 2011."
AntiguaObserver.com. 26 January 2011. Shelton Daniel. "Free Movement to Beome Fully Effective August 1."
Caribbean Media Corporation (CMC). 22 August 2011. "OECS--Gov'ts Urge to Educate Nationals on Free Movement Initiative."
_____. 26 January 2011. "No Passport: OECS Leaders Set Date for Free Movement within Sub-region."
The Daily Herald [Philipsburg, St. Maarten]. 28 June 2011. "OECS Removing Restrictions on Free Movement of Nationals."
Dominica Central [Roseau]. 18 April 2011. "OECS Revised Treaty of Basseterre."
The Grenadian Voice [St. George]. 19 August 2011. "Ready or Not, Here I Come!"
IHS Global Insight. 8 August 2011. Laurence Allan. "OECS Takes Big Step on Road to Integration." (Factiva)
Organisation of Eastern Caribbean States (OECS). 21 October 2011. Regional Integration Unit. Correspondence from a project officer to the Research Directorate.
_____. 5 August 2011. "Free Movement of OECS Citizens Takes Effect."
_____. 18 June 2010. Revised Treaty of Basseterre Establishing the Organisation of Eastern Caribbean States Economic Union.
_____. April 2008. Economic Union Treaty. Frequently Asked Questions (FAQs).
_____. 29 April 2010. "Origin and Evolution."
WINN FM. 5 August 2011. T. Frederick. "Former Governor: OECS Free Movement Education Lacking."
Additional Sources Consulted
Internet sites, including: Amnesty International; Caribbean News Agency; CARICOM; The Economist; Freedom House; Government of the Commonwealth of Dominica; Government of Grenada; Government of Saint Kitts and Nevis; Government of Saint Lucia; Government of Saint Vincent and the Grenadines; Human Rights Watch; IHS Jane's Intelligence Review; United Nations - Refworld, United Nations Development Programme; United States Department of State; University of the West Indies; The Vincentian.
