Tonight, the 75 tonnes of Guyanese Rice imported by businessman Jack Charles remains under a Supreme Court injunction. That's the only thing stopping the Customs Department from destroying the rice. Chief Justice Kenneth Benjamin will hear arguments next week Tuesday on whether or not the Order of Forfeiture was lawful or not. But in the meantime, this dispute has caught the attention of the Secretary General of CARICOM.
He's Ambassador Irwin LaRocque, and he was in Belize for the past 2 days to meet with the Prime Minister, other Government officials and the CARICOM representatives in Belize. That's because Belize's Prime Minister, Dean Barrow has taken over the Chairmanship of CARICOM, a position which he will hold for the next 6 months.
So, while the Secretary General was in Belize on official CARICOM business, the Customs Department moved to get the order of forfeiture to destroy Charles's Guyanese Rice - which is imported under CARICOM Single Market and Economy provisions. That's why it has the shading of a CARICOM trade dispute, and Ambassador LaRocque took notice.
Now, the official position is that Charles did not get the proper BAHA paperwork, which included the Sanitary and Phytosanitary permits, to get the rice into Belize.
So, today, when we asked the CARICOM Secretary General for his thoughts on this dispute, he was very careful in his response. He did make it clear that Government agencies of the different CARICOM member states ought not to use the health and safety requirements as a barrier to trade. He said that this goes against the spirit of the framework for the Caribbean Single Market and Economy, which the member states have worked so diligently to foster:
H.E. Ambassador Irwin LaRocque - Secretary General, CARICOM
"It is my understanding that the problem that was faced by the importer is not having obtained a requisite SPS certificate and if I am correct then I think it's a legitimate concern that such a certificate ought to take place. What I will say generally is that sanitary and phytosanitary issues, which is what they referred to - issues dealing with animal health and plant health, cannot and ought not to be used as protective mechanism and ought not to be withheld based on protecting a particular sector. It is only to protect the public at large from an animal health and human health and plant health standpoint and that is what is there. It's a legitimate concern that all countries are fully recognized by WTO, it's fully recognized by CARICOM in our treaty. But it ought not to be use and should not to be use as a protective mechanism for those who are producing. So, I would dare say, again, I am not very clear about all of the issues, but once that hurdle is cleared by future imports, if there is no health impediment be it to human, health or plant, one would have to determine on what basis such a permit could be withheld. It can be on the basis of protecting a particular sector or industry. There are other mechanisms for that."
Daniel Ortiz
"Sir, that is exactly what the importer is contending that the BAHA authorities use the SPS permit and the import permit as a protective measure against allowing him free importation of this Guyanese rice. If that is accurate, if that is the position, is that look unfavorably upon?"
H.E. Ambassador Irwin LaRocque - Secretary General, CARICOM
"Well I don't want to say if it is correct or it's nor correct. I would want to know what is the actual position? I don't, because this is a case issue as you've have said that went before the courts and I want to be very careful on this. I stand by a general comment that's general to any food product coming into our country - that SPS ought not to be use as a protective mechanism."
Of course, as you heard, the Secretary General was careful not to make any pronouncement on whether the Government was right or wrong to refuse Charles's importation permits.
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