A/HRC/7/12
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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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