A/HRC/7/12 page 11 Establishment has not been fully implemented.20 The free movement of persons is technically in effect (insofar as visas are not required for travel, mandatory residence permits have been abolished, and the subregional passport was adopted to replace national passports), but the parts on establishment and residence have not been put into effect, despite the close link to the right of free movement, integration of trade, tariff regimes and promotion of labour mobility in the subregion. National laws are still not harmonized with regional and subregional treaties and, in conjunction with investment codes, often restrict “foreigners” (including nationals of Community States), from participating in certain kinds of economic activities. “Community” citizens have been expelled by member States and sentiments against non-nationals persist, especially due to economic downturn, unemployment and political instability. 30. One finds another example with the Caribbean Single Market and Economy (CSME). All member States were required to remove existing restrictions on the rights of establishment, provision of services, movement of capital and movement of skills for the full implementation of the single market by 1 January 2006, or shortly thereafter. Even though the legal actions should have been taken for the implementation of free movement of skills, provision of services and the right of establishment by this date, mobility is still impeded by cumbersome administrative processes, significant variations in transposition of treaty requirements into domestic legislation (e.g. family reunion), and the absence of supportive regional instruments (e.g. accreditation body). As a result, progress on free movement has been slow and the full realization of free movement was not achieved as planned and will require from member States further action at the national and regional levels.21 31. The Association of Southeast Asian Nations (ASEAN) is the major political grouping in the South-East Asian region with links to East Asian and Pacific countries through the ASEAN Regional Forum (ARF). Through its associated ASEAN Free Trade Agreement (AFTA), it is working towards the establishment of an economic grouping on the model of the European Union, but progress has been slow. In 2002, ASEAN also adopted a Plan of Action for Cooperation on Immigration Matters, which includes: accelerating the freer flow of skilled labour and professionals in the region; the establishment of mechanisms and infrastructure to facilitate travel within the region; strengthening collaboration to combat trafficking and crimes of violence against women and children; and strengthening regional capacity to address transnational crime. Supplementing initiatives by these general regional groupings are other 20 Article 3 (2) (d) (iii) of the Treaty of the Economic Community of West African States (ECOWAS) encourages removal of obstacles to the free movement of persons among member States; article 2 (1) of the ECOWAS Protocol Relating to Free Movement of Persons, Residence and Establishment states that Community citizens have the right to enter, reside and establish in the territory of member States. 21 Ryszard Cholewinski, Jillyanne Redpath, Sophie Nonnenmacher and John Packer, “The international normative framework with reference to migration in the greater Caribbean”, in Intra-Caribbean Migration and the Conflict Nexus, Taryn Lesser, Berta Fernandez-Alfaro, Lancelot Cowie and Nina Bruni, eds. (Human Rights Internet, Ottawa, 2006), p. 45.

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