ST. JOHN’S, Antigua (January 7, 2023)— The incumbent Antigua & Barbuda Labour Party (ABLP), on Saturday, announced the elimination of work permits for nationals of the Caribbean Community (Caricom) and the Dominican Republic, effective January 1, 2023, checkmating the main opposition United Progressive Party (UPP).
UPP Political Leader Harold Lovell, just this week, announced the work permit elimination within one month should his party form the government following the January 18, 2023 elections. It was one of several campaign promises contained in the party’s manifesto to be released during a rally at Mack Pond on Sunday.
But on Saturday the ABLP, which has been critical of the UPP’s campaign outreach to the non-national community, leapfrogged the opposition, saying in a press release, “The Government of Antigua and Barbuda, consistent with its obligations under the Articles 45 and 46, clauses 2 (iii) and 3 of the CARICOM Treaty, has decided to eliminate the requirement for work permits for nationals of CARICOM Community countries who are gainfully employed in Antigua and Barbuda.”
“What I am seeing is we put forward the policy and the government unashamedly and completely replicated it, commonly called ‘cogging it,’” Lovell said when interviewed by Dadli Media Pop UP (DM). “We put out something and they just cogging.
“Of course it works in our favour because they said it couldn’t work and then two days later they did it,” he said.
The government release noted that, in the interest of economic integration, the policy would extend to nationals of the Dominican Republic resident in the twin-island country.
It also said the work permit waiver acknowledges the role of Caribbean nationals in the development of the country.
But the legality of such a move is under scrutiny given the fact that parliament has already been dissolved in anticipation of the upcoming general elections.
DM spoke with three different people versed in law and the Labour Code.
Each said that while the government has made an announcement, an order, change of the Labour Code or some other act of parliament is required for the work permit exemptions to take effect.
King’s Counsel E. Ann Henry said such a measure would have to go through the appropriate channel – parliament. She told DM that changing the work permit requirements for the proposed groups would require an amendment of the Antigua & Barbuda Labour Code which prescribes the requirements for work permits.
“Any amendment to parliament would have to be passed by parliament as parliament alone has power to pass and amend laws,” she said.
“The matters which are coming to parliament would be discussed at Cabinet level and the attorney general would present the bill to parliament for debate and then passage. Neither the attorney general nor the cabinet have law-making power,” Henry said.
Calls to the prime minister and Attorney General Steadroy Cutie Benjamin for comment went unanswered.
