ISSUE NO.61 January 2002
BACK TO TOP
Antigua
and Barbuda team and OECD conclude two-day discussions
A team of senior officials established by Prime Minister Lester
Bird has concluded two days of discussions on 17th and 18th January
with representatives of the Organisation for Co-operation in Economic
Development (OECD) in St John's, the nation's capital.
The Antigua and Barbuda delegation was led by Sir Ronald Sanders
and included Solicitor General, Lebrecht Hesse, Commissioner of
Inland Revenue William Schouten, and the Director of ONDCP Wrenford
Ferrance.
At the end of the meeting Sir Ronald said, "Considerable
progress was made over the last two days. Prime Minister Bird has
kept close to the negotiations, and I have advised him along the
way of the status of the discussions.
Ambassador Sanders said, " I can say that the OECD had dropped
its earlier objections to "no taxes" or "low taxes".
They have also dropped their objection to "ring fenced" regimes.
This means that Antigua and Barbuda could continue to register
International Business Corporations which bring revenue to the
country."
The Ambassador continued, "The OECD has also agreed to full
and equal participation in its Global Tax Forum for countries such
as Antigua and Barbuda. This is an important concession. It addresses
our concerns that, if we were to commit to the OECD's initiative,
we should contribute as equal partners to the definition of certain
principles and the monitoring of their application in all countries
including the OECD member states".
Turning to the matter of sanctions, Sir Ronald said that the
OECD still planned to produce a blacklist shortly after 28th February
this year. Thereafter OECD countries would apply sanctions to jurisdictions
that do not make a commitment.
Sir Ronald said, "The OECD has agreed that sanctions will
be also be applied against OECD member states that do not make
a commitment and such sanctions will be applied at the same time
as they are applied to non-OECD jurisdictions."
With regard to matters of criminal tax evasion, no agreement
with the OECD will take effect before January 2004, and in respect
of civil tax matters, any agreement reached will not be implemented
until January 2006. "This would give jurisdictions time to
make necessary arrangements", Ambassador Sanders said.
"In Antigua and Barbuda, we were especially concerned about
our ability to give tax breaks to investors. The OECD has agreed
that such tax breaks can continue provided they are done in a transparent
manner. We were also concerned that any rules that apply to us
will be applied equally to our competitors, and the OECD has agreed
that its failure to apply rules to our competitors would be grounds
for us to break any commitment we may give. This mans that there
would be no value in any company leaving Antigua to go elsewhere
since the rules will be identical in other jurisdictions".
"In this context, I would say great progress has been made
in the discussions over the last two days, however I wish to emphasise
that no decision has yet been made about whether or not Antigua
and Barbuda will make a commitment. Prime Minister Bird will weigh
the outcome of the discussions carefully and he will consult with
our Caribbean partners. Thereafter, Antigua and Barbuda will state
its position which we hope will be in unison with other Caribbean
countries".
BACK TO TOP
 Chinese
military aid for Antigua and Barbuda: 4-man military aid team
calls on Prime Minister
In his capacity as Minister of National Defence, Prime Minister
Lester Bird, on 28th January welcomed to Antigua and Barbuda a
four-man Chinese Military Aid Delegation led by Senior Colonel,
Tang Huaiguang, Deputy Director
General, Department of American and Oceania Affairs at the Foreign
Affairs Office within the Ministry of National Defence of the People's
Republic of China.
The visit of the Chinese Military Aid Delegation was undertaken
to further the friendly and co-operative relationship between the
two governments. Through consultations which preceded the visit,
an agreement was reached regarding the provision of military assistance
gratis to Antigua and Barbuda and that agreement was signed by
Prime Minister, Lester Bird on behalf of the Government of Antigua
and Barbuda.
In the agreement, the Chinese agrees to provide Antigua and Barbuda
gratis with military logistic goods of a humanitarian nature worth
RMB 2,000,000 Yen (EC$670,000.00).
BACK TO TOP
Banker
appointed Chairperson of DCA Board
The Ministry of Public Works and Communications has appointed
a new Board of Directors to direct the affairs of the Development
Control Authority (DCA). Mrs. Erna-Mae Tonge-Hurst, a Banker, replaces
Mr. John Meade as Chairman of the Board.
The Minister of Public Works and Communications, Senator Asot
Michael under whose portfolio the DCA falls, paid tribute to the
many years of service rendered to the DCA by Mr. John Meade.
Senator Michael noted that Mr. Meade was instrumental in the
development of the DCA from obscurity to the vibrant organization
it has become, earning the respect of the local community and also
internationally. Minister Michael further stated that Mr. Meade's
institutional knowledge would not be lost, as he would be consulted
from time to time as the need arises.
BACK TO TOP
 OECS
Heads take historic decision on free movement
OECS Heads of Government have set March 12th as
the deadline for free movement of OECS people in the sub-region.
This was among decisions taken at what the Heads have called
an historic summit in Anguilla on January 31st and February 1st.
Participating States have agreed to have the free movement legislation
passed in their respective national parliaments on the same day.
The OECS Heads also agreed to amend Immigration Acts to grant
an automatic six month stay to OECS people who travel to another
territory.
They have decided that in addition to regular passports, travelling
OECS people can use acceptable photo Identification cards including
drivers licences and national ID cards.
The leaders agreed that they would introduce a common, simplified
Immigration Form to coincide with passage of the free movement
legislation.
They also agreed that an OECS passport should be introduced by
1st January 2003.
They have noted that Member States retain the right to prohibit
entry to undesirable persons.
The OECS Heads have also decided that Alien Land Holding licences
will no longer apply for OECS people in Dominica, Grenada, St.
Lucia and St. Vincent and the Grenadines. While it will remain
in the others, measures are being contemplated to exempt OECS people
from paying the licence fees.
The OECS Secretariat will work along with the Regional Security
System (RSS) to address security concerns related to the free movement
initiative. The Secretariat will also work along with Member States
and professional Public Relations firms to conduct a widespread
public awareness programme in the region.
All nine OECS Heads of Government attended the Anguilla summit.
BACK TO TOP
 Antigua
Trades and Labour Union celebrates 63rd Anniversary
The country's oldest trade union, the Antigua Trades and Labour
Union AT&LU on Wednesday 16th January celebrated its 63rd Anniversary
by hosting a luncheon for some of the early stalwarts of trade
unionism.
Over a hundred senior members of the union were treated to a
special luncheon and entertainment at the union's headquarters
at 46 North Street.
AT&LU General Secretary David Jonas said that the union felt
it appropriate to honour those who worked hard during the formative
years of the union allowing it to exist for the past sixty-three
years.
BACK TO TOP
 New
High-Tech Crane for the Antigua and Barbuda Port Authority
The Antigua and Barbuda Port Authority is now
better equipped to handle the large volume of work carried out
at the facility on a day to day basis with the arrival of a new
mobile crane.
The Liebherr LHM Harbour Mobile Crane arrived at the Deepwater
Harbour on Tuesday 8th January. The crane, which is specifically
designed for harbour operations, represents an investment of US
$4. 95 million by the Port and is indicative of the authority's
commitment to improve the efficiency of its operations and to enhance
the quality of its service to the business community in Antigua
and Barbuda.
The investment was financed through Finance and Development Company
Limited, which participated in a tendering process that was undertaken
on the advice of Senator Asot A. Michael, who is directly responsible
for the Antigua and Barbuda Port Authority and who was particularly
instrumental in ensuring the arrival of the crane.
The fully computerized crane is more flexible and reliable and
has a reach capability of approximately forty-three meters.
The commissioning of the new crane will allow the older model
to be removed temporarily from service for a complete refurbishing
and overhaul.
Operations Manager, Hugh Mack, Senior Crane Operator, Lindwall "Crusher" Spencer,
and Senior Mechanics Winston Greene and Luxmore Henry have completed
extensive training in the servicing and maintenance of the crane
in Austria and are now equipped to provide the required maintenance.
BACK TO TOP
 Call
Centres Antigua Training Programme progressing smoothly
Over one hundred and thirty-six successful applicants to Call
Centres Antigua Ltd., are undergoing a three-week call-handling
training programme at its business site located on the Airport
Road.
The training is covering a number of areas including Customer
Relations, Telephone Sales, Computer Skills, Time Management, Industry
Practices and Self Motivation. A further recruitment drive is expected
to commence shortly with the testing and interviewing of another
150 applicants for positions as Telesales Representatives.
Call Centres Antigua Limited, features approximately four hundred
work stations equipped with computers all in a network. At full
capacity, 850 persons operating in shifts will staff the Centre.
The Centre is equipped with computer systems provided by Antigua
Computer Technology ACT, and assembled by a staff of seven, supervised
by Elmon 'Smokey' Benjamin, Ronald Salison and Gregson Floyd. The
Computer Technicians include Aubrey Zachariah, Conrad Thomas, Brian
Benjamin and Yuhanna Daawuud.
Call Centres Antigua Ltd., is expected to become operational
by February 21, 2002 and will engage in sales and marketing services
to customers in the United States on behalf of major US companies
and corporations.
Call Centres Antigua Limited is a joint venture between the Government
of
Antigua and Barbuda and Caribbean Information Technologies (CIT).
BACK TO TOP
 Clare
Hall Clinic opens
On Thursday 24th January, Prime Minister, Lester Bird, opened
a new health centre in Clare Hall to serve the community and surrounding
areas.
The modern facility will have a resident doctor and will offer
Antenatal Clinic, Postnatal, Family Planning Clinic which includes
assessment for cervical cancer in the form of a pap-smear, Neonatal
Clinic, Child Health Clinic, Five Year Assessment Clinic, Psychiatric
Clinic which will be held monthly for patients recovering from
mental illness and weekly Diabetic and Hypertensive clinic.
 Medical
personnel at the clinic will also be responsible for the care of
the children in primary, secondary and tertiary institutions.
In delivering the feature address at the opening ceremony, the
Parliamentary Representative for the area, Prime Minister Lester
Bird noted that his administration's aim is to achieve the goal
of health for all by the year 2003 and beyond, adding that, it
is his desire to see Antigua and Barbuda with a health care system
that is second to none.
The clinic is one of five which has been built with financial
assistance from the British Government.
BACK TO TOP
CACCI
Fact-finding Trade Mission: 30-Man Team for Antigua in June
Dr. Roy Hastick, President and Founder of the Caribbean American
Chamber of Industry (CACCI) has announced that the CACCI fact-finding
trade mission, whose visit to Antigua last October had to be postponed
due the events of September 11th last year, will now be visiting
Antigua in June this year.
Dr. Hastick said he has been in touch with several businessmen in Antigua as
plans are being made to make the June visit a reality.
The planned visit to Antigua resulted from a visit made by Prime Minister Lester
Bird, to New York last June where he addressed a CACCI-sponsored International
Breakfast Meeting at the New York Law Office Building in Manhattan under the
theme, "The Caribbean: A Place to Live, A Place To Do Business."
BACK TO TOP
 Junior
Finance Minister meets with World Bank Mission to Antigua and
Barbuda
Minister of State in the Office of the Prime Minister, with special
responsibility for Finance, Senator Asot A. Michael, met on Friday
1st February with representatives of the World Bank who are concluding
a two-week Mission to the OECS to assess the impact of the events
of September 11, 2002 on the islands' economies.
Minister Michael joined by Minister of Planning, Gaston Browne
and officials from the Ministries of Finance, Planning and Aviation
welcomed the Mission, which included representatives from the Caribbean
Development Bank (CDB) and the Eastern Caribbean Central Bank (ECCB).
Minister Michael addressed the gathering, giving a historical account of the
government's catalytic role in the economy of Antigua and Barbuda. He stated
that in light of the general lack of entrepreneurial initiative displayed by
the private sector, government has had to assume the dual role of economic
catalyst and main employer over the past decade and a half.
The substantial burden of this dual role, Minister Michael intimated, has contributed
in no small measure to the dire fiscal situation now facing Antigua and Barbuda,
a situation that multilateral institutions such as the I.M.F. and the World
Bank are keen that the country should address.
Minister Michael made it clear that while Antigua and Barbuda was serious about
fiscal reform and pursuing a programme of adjustment, government could not
at this time contemplate any wholesale retrenchment of its workers, particularly
in the face of rising unemployment in the private sector since September 11.
The Junior Finance Minister indicated to World Bank officials however, that
caution on the part of government in this regard should not be construed as
a lack of commitment to a stabilization programme, but rather as the government's
commitment to sustainable implementation of such a programme.
In reinforcing government's position to the world bank, Minister Michael said: "What
we certainly cannot afford risking now, is a sudden, massive increase in unemployment
that would inescapably lead to widespread social unrest and to an increase
in the incidence of crime. This would do immeasurable harm to the Tourism sector
and threaten the entire economy with collapse."
One area of possible assistance identified by Minister Michael
was that of security. In this regard, he commented that the events
of September 11 have led to greater scrutiny of the level of security
provided at Antigua and Barbuda's air and seaports. In this connection
he indicated that there is need for assistance with respect to
training of security personnel and the purchasing of equipment
that would further enhance the screening capabilities at the V.C.
Bird International Airport, and the ports.
Replying on behalf of the World Bank, Mr. Ali Khadr described Minister Michael's
address as "compelling" and welcomed the Minister's assurances of
Antigua and Barbuda's commitment to pursuing a programme of adjustment. He
recorded the bank's sensitivity to the present constraints of the government,
making particular reference to its position that it could not at this time
contemplate wholesale retrenchment.
Mr. Khadr recognized that Antigua and Barbuda had legitimate needs and indicated
that the World Bank was interested in pursuing pragmatic initiatives to assist
the country in overcoming these needs.
BACK TO TOP
BA
Holidays report that Antigua is currently its top selling destination
worldwide
The tour operating group, British Airways Holidays, has reported
that Antigua is currently its top selling destination world-wide
and the reservations staff are being moved from US/Canada reservations
to meet demand for Caribbean enquiries.
Representatives of BA Holidays gave this news to the Antigua
and Barbuda office in London on Monday 21st January. Exact statistics
will be provided by the tour operating group at month-end.
British Airways Holidays and the Antigua and Barbuda office in
London are presently conducting a joint media blitz designed to
reinforce the two islands as a get-away from the winter blues of
the United Kingdom.
Antigua and Barbuda's High Commissioner in London, Sir Ronald
Sanders, welcomed the news from BA Holidays. He said, "This
shows beyond any doubt the benefits of investing in tourism promotion
in the European markets".
The High Commissioner said, "While we in the London office
have been doing the work, Minister of Tourism Molwyn Joseph and
Minister in the Finance Ministry Asot Michael deserve special praise.
Minister Joseph shared the vision of stimulating the UK market
more successfully, and Minister Michael secured the funding. Antigua
and Barbuda as a whole is beginning to reap the benefit."
BACK TO TOP
 Tourist
arrivals looks encouraging: Couples resort registers 100% occupancy
Officials in the Tourism Industry are up beat as tourist arrivals
to the country for January continued to improve.
This comes as Government continues on its drive to attract more
tourist to the country, and officials and those in the hospitality
sector continues to seek out ways of improving the country's tourism
product.
Now there is more good news for tourism officials as the popular
Sandals Resort has announced one hundred percent occupancy for
the last two weeks, with strong signs of some continuation. This
has come about from a strong marketing campaign launched in North
America and Europe by the hotel.
Public Relations Manager, Mr. Norris Morris Harris stated that
the Caribbean's largest hotel chain Sandals has been leading the
private sector charge to bring back stability to the Regional tourism
industry in the aftermath of the September 11, events. The Chain
has embarked on a comprehensive sales, advertising and promotions
programme, that will guarantee Caribbean visibility in the main
markets for the rest of the Winter season and the critical months
leading up to the Summer and Fall seasons.
 The
programme targets main markets in the United States, Canada and
Europe. Sandals Chairman Gordon "Butch" Stewart, says
the multi-million US dollar initiative which is aimed at providing
stimulus to other efforts to restore vibrancy to the Caribbean
tourism industry, is already reaping dividends. This is evidenced
by an upward trend in short to medium term bookings. The Sandals
campaign is a comprehensive mix of initiatives including greater
support for tour operators and wholesalers, blitzes, discounts,
trade shows, radio remotes, and a new and aggressive advertising
campaign.
The programme which is being executed in stages, has been strategically
developed to rebuild the confidence of consumers to travel, strengthen
brand recognition and position the Caribbean as the choice vacation
destination in terms of safety, proximity and convenience.
The high level of professionalism and dedication to duty displayed
by employees, ensures the comfort and happiness of the guests resulting
in return visits to Antigua and Barbuda. Presently, a large contingent
of Japanese golfers are holidaying at Sandals Antigua and have
commented favourably about golfing at the Cedar Valley Golf Course.
BACK TO TOP
 Tourism
Minister Signs Agreement for the Construction of Nevis Street
Pier
Tourism Minister, Molwyn Joseph, on 5th February signed the contract
which signalled the commencement of construction of the Nevis Street
Pier in St. John's.
The Minister signed the contract on behalf of the government
of Antigua and Barbuda while Mr. Rowland McKenzie Project Engineer
and Chris De Verteuil Managing Director, signed on the behalf of
the construction company Pres-T-Con Limited of Trinidad.
Minister Joseph said that the project was put out to tender and
the Trinidadian company was among the lowest bidders. "The
competitive bidding was a very important exercise because it has
afforded us to secure a competitive price for the construction
of the pier. The lowest bid was $6, 895, 565; the average bid was
$7, 918, 526.85 and the highest bid was $9, 862, 850. 99. This
matter went to the Tenders Board and they selected the lowest bid," said
the Minister.
The Tourism Minister said that the construction work will begin
within thirty-seven days and the Pier is expected to be completed
in time for the 2002-2003 Tourism Season.
"We anticipate the completion of this project in three hundred
days, which means that we are hopeful that the pier will be completed
towards the end of this year. Obviously there has been some slippage
of time, but we will be working with the contractors to make it
possible for this pier to be completed for the upcoming season
2002-2003 season. That season will usher in the full schedule of
all the mega ships with itineraries for Antigua and Barbuda," he
said.
The Minister also said that the selection of Pres-T-Con Limited
of Trinidad falls within the projected cost of the development
engineers.
The construction of the Nevis Street Pier is the second phase
of the government's development of the St. John's Harbour. The
first phase included the dredging of the Harbour to accommodate
mega cruise ships. The development also includes the construction
of shops and parking facilities in the Fibrey area which has been
cleared for the development. Labour Minister Steadroy Benjamin
and Minister Molwyn Joseph were instrumental in relocating the
residents of the area to Belmont and Bendals.
BACK TO TOP
 Air
Jamaica to return to Antiguan skies
Airlift out of North America into Antigua and Barbuda will be
greatly enhanced from June 2002 with the return of Air Jamaica
on the Antigua/New York route.
Tourism Minister, Molwyn Joseph made the announcement on 1st
February, during a press briefing outlining a number of developmental
plans the government will be pursuing to enhance the tourism product.
The Cabinet have authorized the Ministry of Tourism to engage
in discussions with Air Jamaica for the carrier to resume flights
to Antigua. "We met with Air Jamaica recently and we have
concluded an agreement to start flights out of New York from June
20.
In the first instance there will be three flights per week: Mondays,
Thursdays and Sundays. These will be non-stop flights: New York/
Antigua and Antigua/New York. This schedule will continue from
June to September," outlined the Tourism Minister.
The Tourism Minister said that this new venture would greatly
boost the country's Tourism Industry. He noted that the government
has also agreed to establish a new promotional drive in conjunction
with Air Jamaica and the Antigua Hotels and Tourist Association.
"This is a very important development for Antigua and Barbuda,
increasing air services from New York to Antigua non-stop and I
am pleased that a regional airline, Air Jamaica, is working with
the Government of Antigua and Barbuda and other Caribbean islands
to make these services available," Minister Joseph remarked.
"Starting in September 2002, the flights will continue but
on different schedules. Many of the flights will be New York/Montego
Bay/Antigua. We are however, continuing talks with Air Jamaica
to ensure that Antigua gets at least one non-stop flight during
the winter season", added Minister Joseph.
He said that the government has agreed to engage in joint promotional
activities with Air Jamaica called Antigua Vacations.
The joint promotional programme will cost the government half a million US
dollars. Air Jamaica will match the funds, in order to produce a strong and
penetrative marketing effort in the North Eastern part of the United States.
BACK TO TOP
 Additional
tourism staff at the London High Commission and Tourist office
Antigua and Barbuda's marketing and promotional programme
in the UK and rest of Europe has been strengthened with an addition
to the tourism staff at the London High Commission and Tourist
office.
Enid Goodwin joined the London team in January responsible for
executing training and education programmes for representatives
of tour operators, travel agents and airlines. She will also be
responsible for close liaison with tour operators in European Capitals.
Mrs Goodwin has already started an extensive schedule of activities
beginning with the London Boat Show at Earl's Court within days
of her arrival.
She has worked previously in both the New York and London tourist
offices and has wide experience of the hotel industry having served
in various capacities at the Royal Antiguan, St James' Club and
Hawksbill Hotel.
Tourists from the UK now represent the single largest number
of visitors to Antigua and Barbuda.
BACK TO TOP
Observer Radio employee
treats Labour Commissioner with contempt
Julius Gittens, an employee of Observer Radio, was expelled
from Antigua by the Immigration Authorities after he treated the
Labour Laws of the country with contempt, Mr Gittens was removed
from Antigua on Friday 1st February.
Following his departure, Commissioner of Labour, Austin Josiah,
issued a statement detailing Mr Gittens' contempt for the Labour
Laws of the country.
Mr Josiah's statement follows:
Report on the Matter of Julius Gittens
of Barbados - Passport # 0515626
Background:
There is a prohibition against employment of non-nationals in Antigua and Barbuda
as set out in section F4 of The Antigua and Barbuda Labour Code, Cap. 27
of the Laws of Antigua and Barbuda, which states: "A person who is not
a citizen of Antigua and Barbuda shall not engage in employment or self-employment
in Antigua and Barbuda unless he has obtained a work permit issued by or
on behalf of the Minister."
Section F5 sets out the application procedure for work permit
as per: (1) "Application for a work permit, or its renewal
or extension, shall be made by or on behalf of the person for whom
the work permit is sought by the filing, with the Employment Service
of the Labour Department, of an application in the form prescribed
in the First Schedule completed in triplicate, and, unless the
applicant is a self-employed person, said application must be accompanied
by a statement in triplicate completed by the intended employer,
in the form prescribed in the Second Schedule."
(2) "On every application for a work permit, or renewal thereof a fee
of ten dollars shall be paid by or on behalf of the applicant."
Upon receipt of an application, the Chief of the Employment Service
conducts an investigation of the conditions surrounding any application
for a work permit, and makes a report and recommendation to the
Minister, who shall decide whether or not, and under what conditions
the permit should be granted.
In 1999, the process was simplified and depoliticised for better
transparency and accountability. By regulation under the aegis
of Section F11 of the Law: "The Minister may issue regulations,
not inconsistent with the provisions of this Division, for the
administration thereof." The process then became:
Application for work permit - filling two sets of forms in triplicate
and paying an application fee of $10.00 to the Treasury.
Taking the application form and the receipt ($10.00) from Treasury
to the Employment Service at the Labour Department. When and if
the application is recommended, a bill would then be issued in
the amount stipulated by the work permit fee schedule, to be paid
at the Treasury. Again the Treasury receipt is to be returned to
the Labour Department at which time a permission to work letter
is given to the individual pending the signature/authorization
of the Minister. The applicant, after receiving a letter of "permission
to work," is instructed to return to the Labour Department
within one to two weeks for collection of the signed work permit.
Upon receipt of the signed work permit the individual must then
take the work permit to the Immigration Department for the appropriate
time to be entered in the passport. Prior to the expiration of
a work permit, the individual if desirous of continuing to work
within the State, should submit a new work permit application at
least 2 weeks before the expiration of the current permit.
There has not been any problems with this process.
Situation:
Mr. Julius Gittens arrived in Antigua in April, 2001. The Labour Commissioner,
who is the Chief of the Employment Service, was only made aware of his presence
in a "working capacity" when other media personnel in Antigua enquired
whether the position at Observer Radio had been advertised prior to their
employing Mr. Gittens, and whether he had been issued with a Work Permit
by the competent authority.
The Labour Commissioner proceeded to enquire of the owners/managers
of Observer Radio as to how it could be possible that they were
employing non-nationals without first obtaining a work permit.
The response was that "Caricom Nationals working in the media
do not need a work permit." They were advised otherwise. Observer
Radio followed up the discussion with the Labour Commissioner by
writing a letter challenging the need for work permit in the case
of Journalists - letter of April 17, 2001.
The Labour Commissioner responded to the letter explaining the
laws of Antigua and Barbuda which governs the situation and requested
that Mr. Gittens (and Mr. Rogers) comply. Subsequently a meeting
between the Labour Commissioner and Messrs Rogers and Julius Gittens
resulted in an "accommodation" for Mr. Gittens. (Rogers
agreed to abide by the laws and applied for the Work Permit). The
accommodation was arrived at when Gittens informed the Commissioner
that he was only in Antigua at that time to effect a six (6) weeks
training. This was confirmed in writing by Observer Radio in a
letter to the Labour Commissioner, dated May 23, 2001.
The Labour Commissioner sought the courtesy of the Chief Immigration
Officer in a letter dated May 24, 2001, "for Mr. Gittens to
conduct a six weeks training programme with them (Observer Radio)
without the formalities of a Work Permit, on the condition that
he obtains the necessary stay time from your Department covering
the period, up to June 15, 2001."
Mr. Gittens did not follow through by presenting himself to the
Chief Immigration Officer for the extension. When he left the State
at the end of the training period, he was in violation of the Immigration
Laws, even after he assured the Labour Commissioner it would have
been done on the very day the copy of the letter was forwarded
to him.
Mr. Gittens returned to Antigua in July 2001 and proceeded to
work at Observer Radio without a work permit. He was cautioned
by the Labour Commissioner and asked to have his status regularized.
He readily agreed to do so, but after some three (3) weeks of non-compliance,
and many unheeded reminders, the Labour Commissioner sought the
assistance of a local colleague of Mr. Gittens, Mr. Everton Barnes.
Mr. Barnes was asked to please advise Mr. Gittens that should he
fail to submit his application the next day, August 14, 2001, the
Chief Immigration Officer would have been alerted to take action
against him. Mr. Gittens arrived at the Labour Department on 14th
August, 2001 with an application form for a Work Permit, completed
by himself and by his employer. On scrutinizing his passport and
the application form, the Commissioner realized that Mr. Gittens
application was incomplete, and that he had no extension from the
Chief Immigration Officer.
Mr. Gittens was accommodated in the spirit of professional courtesy
and respect by the Labour Commissioner. He was advised to go to
the Government Treasury and complete the application process as
per section F5 (2) of the Law. The Government Treasury is located
within a 10-15 minutes walking distance. In an effort to "fast
track"/assist the applicant - not an unusual discretion -
he was provided with the bill for the work permit fees at the same
time. He was guided that his work permit would have been recommended.
He accepted the responsibility and actually expressed his appreciation
for the "patience" and then "kindness" of the
Commissioner in "facilitating his application." His statement
afterwards was "I'll return shortly because I see that this
thing must be done today." He acknowledged he would return
to the "Work Permit Unit" for them to issue him with
a Permission to Work document pending the signing of his Work Permit.
Mr. Julius Gittens never followed through on his words, or on the trust place
in him by the Labour Department. He never completed the application process.
He knew that should he fail to do so he would have been working and staying
in Antigua illegally.
In October, 2001, Mr Julian Rogers asked the Labour Commissioner
why his and Mr. Gittens' permits were not yet available. He was
advised that while they have their Permission to Work documents
they had nothing to worry about, but that the Commissioner would
have enquired of the Hon. Minister. The enquiry was made. Sometime
after this enquiry, the Barbados Consul to Antigua and Barbuda
Mr. Pedro Corbin asked the Labour Commissioner to continue the
enquiry, and this was done in late December 2001.
In January 2002, using the premise of annual audit, The Commissioner
guided the Hon. Minister towards effecting the actual permit. Subsequently,
The Hon. Minister informed the Labour Commissioner that while he
had the application and relevant information to complete the process
from Mr. Julian Rogers, there was nothing from Mr. Gittens. The
Labour Commissioner was quick to point out to him that maybe he
had "missed" Mr. Gittens' application. The Hon. Minister
did not take too kindly to the Labour Commissioner's remarks, and
requested immediate proof of Mr. Gittens' work permit application.
In this vein the Labour Commissioner sought the proof from the
Senior Employment Officer, who subsequently informed him that there
was no record of Mr. Gittens application. An intense review of
the records was ordered and effected over three days, at the end
of which time, it was clear that Mr. Gittens had not returned to
the Labour Department since he left with the Application form and
the Bill on August 14, 2001. The matter was further compounded
by the fact that the Labour Commissioner learnt that Mr. Gittens
had not sought an extension from Immigration during this period.
Immigration never acted against him because they were of the view
he had a Permission to Work authorization. Even so, believing the
matter could have been one of gross negligence by Mr. Gittens,
although some officers were of the view that it was a link in the "pattern
of disrespect and contempt for the Labour Department displayed
by Mr. Gittens since his arrival in Antigua in April, 2001," the
Labour Commissioner contacted the Manager of Observer Radio, Mr.
Julian Rogers, who has also been acting as "guardian" of
Mr. Gittens since he arrived in the State. Mr. Rogers was informed
that while his (Rogers) documents were in order and that he would
have his Work Permit stamped in his passport "next week" -
this contact was on 25.1.02 - "could you and Mr. Gittens please
come and see me, and bring his receipts?"
The Commissioner was assured that they would visit him on Monday
28th January with the documents/receipts. When they did not turn
up Mr. Rogers was again contacted on the afternoon of January 28,
at which time he said they would visit the Labour Department on
Tuesday 29. On Tuesday afternoon he told the Labour Commissioner
they would visit him on Wednesday 30. On Wednesday at 1:00 pm.,
knowing he had a deadline of Thursday 31, to provide proof to the
Hon. Minister - that as Labour Commissioner of the State he did
not "willfully aid and abet Mr. Gittens in violating the Immigration
and Work Permit laws of the nation,..." the Commissioner again
called for Mr. Rogers. He was not at work, but a kind employee
facilitated their private numbers when the Labour Commissioner
identified himself and explained the urgency of the request.
When Mr. Julian Rogers answered the phone, his words on recognizing
the caller were:
"Mr. Commissioner, I am sorry, but we forgot ... we will be with you shortly." After
waiting for them for three hours, the Labour Commissioner called again. This
time Mr. Rogers stated - "Commissioner, boy, I don't even know what to tell
you. That boy Julius is too careless, he is not serious, look how you have put
your neck out, and now the boy can't find the receipts. You just give him a call
right now, he is at home looking for them."
The Labour Commissioner called Mr. Gittens and his response was "Commissioner.
I can't find the receipts, I am still searching, I have all night.
Could I come and see you in the morning with them?" The Labour
Commissioner explained his difficulty with the whole thing. Mr.
Gittens responded by stating words to the effect that he had no
one to blame but himself for the situation. When the Labour Commissioner
asked him why he had not returned to the office as was promised
on August 14, 2001, he mumbled "I don't even know - that was
so long ago - anyway I will have all the receipts early in the
morning."
The Labour Commissioner advised Mr. Gittens that he usually arrive
at his office by 8:30 am., but that the urgency of the situation
will force him to be in office by 8:00 am. Mr. Gittens responded, "Commissioner
thanks for your patience, I'll be there at 8:00."
On Thursday morning, the hours sped on, but there was no Mr. Gittens,
in words or in person. Narry a call! Nothing! At 11:00 am., the
Labour Commissioner decided that enough was too much! He concluded
that the actions of Mr. Gittens since his arrival in Antigua and
Barbuda in April 2001, accumulatively reflected contempt for the
Offices of the Labour Commissioner and the Chief of Immigration,
that Mr. Gittens' actions also reflected his initial position that
Caricom Nationals who were Journalist should not be bothered by
the National laws of Sovereign States. The Labour Commissioner
was not prepared to accept that! Acceptance of this position is
the beginning of institutional anarchy! Antigua and Barbuda is
a Sovereign State with its Sovereign Laws!
Furthermore, the Chief Immigration Officer had also extended "the
courtesy of free movement passage through Immigration" in
Antigua and Barbuda to Mr. Gittens and Rogers, "without the
legal requirement for the production of a return ticket to their
country of origin or to another country that will accept them" as
long as they "present their passports along with their temporary
permission to work." Thursday January 31, 2002 (offer dated
25.01.02) Mr. Gittens was the only one who could not respond to
Immigration.
The Labour Commissioner was forced to inform the Permanent Secretary
in the Ministry of Labour, and other competent authorities including
the Management of Observer Radio, of the situation and of his position
on the matter. In doing so the Commissioner articulated his solution
to Mr. Gittens' consistent acts of contempt for the two offices
- "ask Mr. Gittens to leave the Country until such time as
he will abide by the work permit and Immigration laws."
That decision having been filed , the applicant found and submitted the following
documents by fax in the late afternoon of Thursday 31 January, 2002.
Bill issued on 14.8.01 by the Labour Department
Cheque issued to the Accountant General, dated 15.8.01, and paid in on 7.11.01
A receipt issued by Treasury on 7.11.01.
The employer claimed that the cheque was issued on 15.8.01 but only paid in
on 7.11.01 because it was originally written to Inland Revenue rather than
the Accountant General. It took the employer and the employee two months and
twenty-three (23) days (84 days) to amend the cheque! No further comment on
this cheque and bill payment date at this time!
No application for the Work Permit has been made to date.
For the year 2001 the preliminary report indicates that Antigua
and Barbuda through the Labour Department granted 5739 work permits
as outlined below with no problems.
WORK PERMITS GRANTED IN ANTIGUA AND BARBUDA
BY COUNTRY OF ORIGIN 2001
BARBADOS 38
CANADA 57
CHINA 68
DOMINICA 625
DOMINICAN REPUBLIC 289
ENGLAND 225
FRANCE 25
GERMANY 38
GHANA 28
GRENADA 39
GUYANA 1516
ITALY 48
JAMAICA 1387
LEBANON 38
MONTSERRAT 188
THE NETHERLANDS, HOLLAND and SCOTLAND 28
NIGERIA 117
ST.KITTS/NEVIS 21
ST. LUCIA 118
ST. VINCENT 111
SWITZERLAND 18
SYRIA 86
TRINIDAD and TOBAGO 173
U.S.A. 161
REST OF WORLD 297
TOTAL 5739
Again, the Commissioner has concluded that Mr. Gittens' actions
reek with contempt for the Labour and Immigration Laws of the land.
As the appointed administrator of the Labour Laws, and as the facilitator
between Mr. Gittens and the Chief Immigration Officer, the recommendation
for Mr. Gittens to leave the Country, until he would have believed
it fit and wise for him to respect these laws, is fair, just, accountable
and right! He needs further to apologize to these officers and
the Nation for his crass behaviour."
BACK TO TOP |
