The Hon. Fred Mitchell
Minister of Foreign Affairs
THE BAHAMAS
 

Dear Minister
 

It has been brought to my attention that an official Of the Secretariat has been quoted in the media as making certain references to the CSME and its provisions, which may need to be clarified.

According to a report in a Bahamian newspaper of 12 May 2005, the official is reported to have “indicated” that the Revised Treaty of Chaguaramas, which gives rise to the CARICOM Single Market and Economy, “did not allow for reservations but rather for the delayed implementation of various aspects of the Treaty.”

In addition she also is reported to have “indicated” that “though the time frame for implementation would be determined by the CARICOM body, compliance was inevitable.”

Obviously there must have been some misunderstanding as the Revised Treaty establishing the Caribbean Community, including the CARICOM Single Market and Economy, provides for Reservations that may be entered to this Treaty with the consent of the signatory state, as is the case with The Bahamas.

Rules of international law allow for a State to enter a reservation when signing, ratifying, accepting, approving, or acceding to a treaty, where it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that State.  In this regard, the State may formulate a reservation unless: (a) the reservation is prohibited by the treaty: (b) the treaty provides that only specified reservations, which do not include the reservation in question, may be made; or (c) in cases not falling under paragraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty.

The Revised Treaty of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market end Economy provides in Article 237 thereof:

“Reservations may be entered to this Treaty with the consent of the signatory States”.

In the event, therefore, that The Bahamas determines that participation by that Member State in the Revised Treaty should necessarily be circumscribed by certain stated reservations it would be for those States signatory to the Revised Treaty to determine whether those reservations would be acceptable, in light of the object and purpose of the Revised Treaty.

The Revised Treaty also recognizes that it may not always be possible for a Member State to implement decisions taken by the Organs of the Community.  In this regard, Article 27(4) permits the Conference of Heads of Government of the Community to acquiesce to a Member’s ‘opting out’ of the implementation of a decision provided that this would not prejudice the fundamental objectives of the Community.  Article 27(4) states as follows:

“Subject to the agreement of the Conference a Member State may opt out of the obligations arising from the decisions of competent Organs provided that the fundamental objectives of the Community as laid down in the Treaty are not prejudiced thereby”.

The Government of The Bahamas has repeatedly expressed its reservations to the Community about monetary union and the free movement of persons under the CSME, as if affects The Bahamas; a position accepted by the Member States of the Community.

I wish to assure you that nothing has changed in relation to the Community’s acceptance at the level of Heads of Government of the rights of States under the Treaty.  The Bahamas remains a valued member of the Community with the complete assurance of respect for its sovereignty.

Yours sincerely
Caribbean Community Secretariat
EDWIN W. CARRINGTON
SECRETARY GENERAL