WILLEMSTAD – Curaçao's associate membership in the Caribbean Community comes with a legal obligation to recognize certain privileges and immunities granted to CARICOM, its officials and representatives.
The requirement is detailed in an explanatory memorandum accompanying the treaty between the Kingdom of the Netherlands, on behalf of Curaçao, and CARICOM.
According to the document, approval of the membership treaty also involves approval of the application of provisions contained in the CARICOM Protocol on Privileges and Immunities, adopted in Georgetown, Guyana, on January 14, 1985.
The protocol establishes legal protections and administrative privileges intended to support the functioning of the regional organization.
Protection of Documents and Assets
The memorandum explains that the protocol includes provisions concerning immunity for CARICOM property, funds and assets.
It also provides for the inviolability of CARICOM documents and exemptions from customs duties and certain other charges.
Additional provisions address communications and privileges and immunities for CARICOM representatives, officials and experts carrying out assignments.
The protocol also contains provisions governing CARICOM travel documents, known as laissez-passers, and the waiver of privileges and immunities.
These arrangements are described as privileges commonly associated with international organizations.
Different Legal Arrangement for Curaçao
The memorandum explains that the Kingdom of the Netherlands cannot formally accede to the protocol on behalf of Curaçao through its ordinary accession procedure.
This is because the relevant provision applies to CARICOM member states, while Curaçao will participate as an associate member rather than a full member.
Full CARICOM membership is reserved for independent states.
Instead, the treaty establishes a mechanism under which the Kingdom, on behalf of Curaçao, will observe the relevant protocol provisions.
Once the treaty enters into force, the Dutch Minister of Foreign Affairs, acting on behalf of the Government of Curaçao, is to notify the CARICOM Secretariat that the protocol's provisions will be observed from the treaty's effective date.
The memorandum does not establish that the notification has already been sent.
Membership Carries Legal Responsibilities
The provisions demonstrate that Curaçao's participation in CARICOM involves legal responsibilities in addition to opportunities for economic and regional cooperation.
The agreement requires the island to recognize arrangements necessary for CARICOM representatives and institutions to carry out their functions.
However, the memorandum does not suggest that these privileges apply indiscriminately to all CARICOM citizens or visitors.
They concern the organization and the categories of representatives, officials and experts covered by the protocol.
The provisions form part of the wider legal framework through which Curaçao's associate membership is to be implemented.