From the way it looks, the authorities in Barbados may very well have another Shanique Myrie case on their hands as another Jamaican is alleging that immigration officers in that country infringed on her rights as a citizen of a Caribbean Community (Caricom) Member State.
The case of the Jamaican woman, Sonya King, 24, was given wide publicity in the regional media and has once again brought the issue of the rights of citizens regarding the free movement of persons within the Region to the forefront.
According to reports, the woman claimed that she and her 14-month-old son were mistreated by immigration officers at the Grantley Adams International Airport last weekend. King is alleging that she was forced to sleep on a dirty mattress on the ground, refused water to make tea for her baby, and prevented from accessing her suitcase, before eventually being allowed to stay in the country for two days. She was quoted in the Jamaica Observer describing her treatment as “horrific” when she arrived in Barbados.
King is now very likely to take the matter to court. On its part, the Barbados Government has informed that an investigation into King’s complaints is underway.
This incident of course comes three years after the Barbados Government had to fork out more than US$37,500 in damages to another Jamaican, Shanique Myrie, who was denied entry to the island. Similarly, Myrie’s case was given much regional and international publicity. She had claimed that she was subjected to a ‘body cavity’ search, detained overnight in a cell and deported to Jamaica the following day. She also accused immigration officials of directing derogatory remarks at her.
It could be recalled that Myrie took the matter to the Caribbean Court of Justice (CCJ) which ruled in October 2013 that Barbados had breached the rights of the Jamaican national, afforded under Article 5 of the Revised Treaty of Chaguaramas, by denying her entry. The court had ordered that Myrie be paid US$37,500 in non-pecuniary damages and US$1120 in pecuniary damages because she was wrongly prevented from entering the country.
It is quite unfortunate that in spite of this case and numerous other examples, the authorities in Barbados are still somewhat unprofessional in the way they treat Caricom citizens visiting that country.
Guyanese citizens have also had their fair share of ‘unfavourable’ treatment meted out to them at certain ports of entry, especially in Barbados; and Antigua to some extent. While an investigation has been launched into this latest case of a Jamaica national being denied entry into a Caricom Member State; it would be fair to say that some member countries continue to violate the free movement obligations under the Revised Treaty.
The excuse of contradicting domestic laws is often employed. However, as pointed out by Caricom, once a country ratifies a treaty, this supersedes domestic law – as was the case of Jamaican Shanique Myrie versus the Government of Barbados. Caricom officials have maintained that member countries are obligated to amend their local laws to coincide with the Treaty. Even though countries had some time to do so, many are yet to make such changes. Hence, this poses a challenge for immigration officers in the execution of their duties.
The Caribbean Single Market and Economy allows for the free movement of people and goods within Caricom Member States in order to facilitate a better standard of living for all citizens. As far as we are aware, citizens can only be denied entry once solid reasons are provided, such as for security purposes or for the protection of public moral and human, animal or plant health. Subsequently, these reasons must be submitted to the relevant authorities for scrutiny.
While an immigration officer should take into account a person’s past records before allowing entry, it must be the sole basis for denying that person as that person may be reformed. As a given, there should be no differentiation and no biased treatment influenced by a person’s nationality.
That said, many citizens of the Region are still ignorant of their rights under the revised Treaty, and while Caricom had done some work in the past in spreading awareness, these efforts must be ongoing. If citizens are well informed about their rights they will be in a better position to defend and represent themselves when faced with certain situations as in the case of Myrie’s.
