Organisation of Eastern Caribbean States

• Author: Duke Pollard
• Profession: Sitting senior judge of the Caribbean Court of Justice (CCJ), the highest appellate municipal court of the Caribbean Community (CARICOM)
• Pages: 366-403

366 THE CARICOM SYSTEM

20

THE ORGANISATION OF

EASTERN CARIBBEAN STATES

Concern on the part of metropolises about the ability of the smaller islands of the

Commonwealth Caribbean to survive as sustainable political entities following the

demise of the West Indian Federation informed initiatives by the United Kingdom,

Canada and the United States of America to establish a financial institution to mobilise

and harness capital reserves for investment and to promote economic integration among

those smaller islands. Quite apart from the concern about economic survival on a

sustainable basis, metropolitan countries were also apprehensive that these countries

might be entrapped by socialist propaganda and add a security dimension to the

compendium of other legitimate concerns. Consequently, following the establishment

of the Council of Ministers of the West Indies Associated States in 1966, most of these

political entities were encouraged to conclude the Agreement Establishing the East

Caribbean Common market in 1968. This was followed in 1981 by the conclusion of

the Treaty Establishing the Organisation of Eastern Caribbean States (OECS) which

incorporated the East Caribbean Common Market which was largely based on the

CARIFTA Agreement concluded at Dickenson Bay in 1965 and amended by the

Supplementary Agreement of March 1968.

The OECS included in its membership Antigua, Dominica, Grenada, Montserrat,

St. Kitts/Nevis, Saint Lucia and St. Vincent and the Grenadines. Other States and

territories of the Caribbean Region were entitled to be admitted to full or associate

membership of the Organisation by the Authority, the highest decision-making organ.

The purpose and functions of the Organisation were to promote cooperation among the

Member States, unity and solidarity among the Member States and to defend their

sovereignty, territorial integrity and independence; to assist Member States to discharge

their responsibilities to the international community; to harmonise the foreign policies

of Member States and to promote economic integration among the Member States.

The bodies of the Organisation consisted of the Authority of Heads of Government

of the Member States, the Foreign Affairs Committee, the Defence and Security

Committee, the Economic Affairs Committee and the Central Secretariat. The Authority

is the supreme policymaking organ of the Organisation with responsibility for, and

having general direction and control of, the functions, progressive development and

achievement of the purposes of the Organisation. The Foreign Affairs Committee is

charged with responsibility for the progressive development of the foreign policy of the

Organisation and the general direction and control of the performance of the executive

The Organisation of Eastern Caribbean States 367

functions of the Organisation in relation to foreign affairs. The Defence and Security

Committee enjoys wide competence in the collective defence of the Member States, the

preservation of peace and security against external aggression and for the development

of close ties among the Members of the Organisation in relation to external defence and

security. The functions of the Economic Affairs Committee were assimilated to the

functions entrusted to the Council of Ministers of the Eastern Caribbean Common

Market established by the Agreement of 1968 whose provisions were expressly

incorporated in the Treaty Establishing the OECS to the extent of their compatibility.

The Central Secretariat is responsible for the general administration of the Organisation.

Officials of the Central Secretariat enjoy the status of international civil servants and

must be cleared for security before their services are engaged. In appointing the staff of

the Central Secretariat, due regard must be paid to the desirability of maintaining an

equitable distribution of posts among citizens of Member States, subject to the paramount

consideration of securing the highest standards of efficiency, competence and integrity.

In terms of coordinating and harmonising the foreign policies of Member States,

Article 11 of the Treaty provides that unless there is objection by the receiving State,

international organisation or conference, as the case may be, Member States may

establish and maintain arrangements for joint overseas diplomatic or other representation,

including when appropriate, the accreditation of one representative to one or more States,

international organisations or conferences. The Director General of the Central

Secretariat is authorised to transmit directives of the Authority on foreign policy matters

to heads of overseas diplomatic missions and other missions established by the

Organisation. Heads of diplomatic or other missions of the Organisation are appointed

by the Authority after consultation with the Foreign Affairs Committee. The expenses

for diplomatic or other representatives are apportioned among the Member States

participating in the arrangements mentioned above.

TREATY ESTABLISHING

THE ORGANISATION OF

EASTERN CARIBBEAN STATES

Preamble

The Governments of the Contracting States,

Convinced that the West Indies (Associated States) Council of Ministers since its

establishment in 1966 has done much to further regional co-operation in many fields

and has rendered valuable services to its member countries;

Recognising that since the establishment of the said Council of Ministers significant

constitutional and other changes have taken place in the Region;

Affirming their determination to achieve economic and social development for

their peoples as enunciated in the Agreement of the 11th day of June, 1968, establishing

the East Caribbean Common Market;

368 THE CARICOM SYSTEM

Inspired by a common determination to strengthen the links between themselves

by uniting their efforts and resources and establishing and strengthening common

institutions which could serve to increase their bargaining power as regards third

countries or groupings of countries;

Having in mind the strong views expressed by the said Council of Ministers

regarding the desirability of retaining and formalising the arrangements for joint action

by its member countries;

Determined to satisfy the legitimate aspirations of their peoples for development

and progress;

Have agreed as follows:

Article 1

Establishment of the Organisation

of Eastern Caribbean States

By this Treaty the Contracting Parties establish among themselves the Organisation

of Eastern Caribbean States (hereinafter called “the Organisation”) having the

membership, powers and functions hereinafter specified.

Article 2

Membership

1.Full membership of the Organisation shall be open to those countries which

immediately prior to the establishment of the Organisation have been members of the

West Indies (Associated States) Council of Ministers namely:

(a)Antigua

(b)Dominica

(c)Grenada

(d)Montserrat

(e)St. Kitts/Nevis

(f)Saint Lucia

(g)St. Vincent and the Grenadines

2.The independent States listed in the preceding paragraph the Governments of

which sign and ratify this Treaty in accordance with Article 20 thereof shall immediately

become full members (hereinafter referred to as “the Member States”) of the

Organisation.

3.Notwithstanding that territory or group of territories listed in paragraph 1 of

this Article is not a sovereign independent State, the Heads of Government of the Member

states of the Organisation (hereinafter referred to as “the Authority”) may by a unanimous

decision admit such territory or group of territories as a full member of the Organisation

and such territory or group of territories shall thereby qualify as a Member State under

this Treaty.