Antigua and Barbuda to introduce resolution on transfer of non-nationals from the US

ST. JOHN’S, Antigua, CMC –  The Antigua and Barbuda government will on Tuesday debate a resolution in Parliament setting out the principles that will govern any arrangement for the possible transfer of Third Country Nationals (TCNs) from the United States (US). 

A government statement Monday said that the resolution is intended to ensure that any conclusive engagement on this matter is conducted “within a clear framework established in the national interest, with full regard to Antigua and Barbuda’s sovereignty, laws, security, absorptive capacity, administrative capability, and financial responsibilities”.

“In a step that reflects the government’s commitment to openness and accountability, Antigua and Barbuda will become the first country to disclose in full both the terms proposed by the United States and the response of the government of Antigua and Barbuda,” the statement said.

“These documents make clear that no binding agreement exists and that no arrangement has been concluded, since no final agreement has been signed.”

Prime Minister Gaston Browne has already said that his administration believes that matters of such legal, humanitarian, financial and security importance must be handled openly and with respect for Parliament.

“By bringing the full proposal from the United States, and our response, before the House of Representatives, Antigua and Barbuda is demonstrating transparency and accountability, while maintaining our longstanding friendship and cooperation with the Government and people of the United States,” he said.

NO LEGAL FRAMEWORK 

But Opposition Leader, Jamale Pringle, speaking at a town hall meeting of his United Progressive Party (UPP), has warned that Antigua and Barbuda does not have the legal framework or institutional capacity to properly manage third-country deportees.

He has said that the government’s proposed arrangement with Washington could place additional strain on public services.

Pringle said also the government’s White Paper acknowledges significant legal and operational gaps that have yet to be addressed. He said Antigua and Barbuda does not have a stand alone Refugees Act or legislation to deal with stateless or non-removable persons, despite the White Paper outlining the possibility that transferred migrants could fall into those categories.

“According to the White Paper, Antigua and Barbuda lacks a standalone Refugees Act,” he said, adding “there is no legal mechanism to resolve statelessness.”

Pringle said individuals who cannot be returned to either their home country or the United States could become trapped in legal limbo, leaving the country without the necessary laws to determine their status.

He said the government’s White Paper states that Antigua and Barbuda is a small state with limited absorptive capacity and already-stretched public services and that the document itself warns that receiving deportees could negatively affect public order and social cohesion.

“So already they’re telling us they’re coming, but we’re not in a position to manage them because it can affect public order and social cohesion. If you know all the challenges that this is going to pose, how are you still telling us it’s not a matter of if they’re coming?” the opposition leader queried.

He maintained that Parliament cannot properly debate the proposal without access to the underlying Memorandum of Understanding (MOU) and related operating documents, arguing that lawmakers are being asked to consider only the government’s interpretation of the agreement rather than the agreement itself.

But in its statement on Monday, the government said it is “the only administration, whether in the United States, the Caribbean, or elsewhere, to place this matter before its House of Representatives and Senate in a spirit of full transparency and democratic scrutiny”.

It said further, “The resolution seeks to establish the principles and safeguards within which the Government may continue discussions, while preserving Antigua and Barbuda’s complete sovereign discretion to accept or refuse any proposed individual on a case-by-case basis.” 

The statement added that among the central principles set out in the resolution are that Antigua and Barbuda “will not accept any standing, automatic, or open-ended programme”.

The government also indicated that “no predetermined number of persons may be transferred without the prior approval of the Government in each individual case, including on their criminal records, and that no transfer may occur unless all necessary legal, operational, financial, and administrative arrangements have first been agreed in writing.”

The resolution further makes clear that Antigua and Barbuda will require “satisfactory arrangements concerning identity, documentation, accommodation, support, legal status, funding, security, and onward or return responsibility before any proposal can be considered”.

“The Government of Antigua and Barbuda values its longstanding friendship and cooperation with the Government and people of the United States. At the same time, it has a constitutional responsibility to protect the interests of the people of Antigua and Barbuda and to ensure that no external proposal places an undue burden on the country’s institutions, resources, or social stability,” the statement adds.

It said that by placing the full matter before Parliament and the public, “the government is ensuring that national policy on an issue of considerable legal, humanitarian, financial, and security importance is approached with candour, responsibility, and respect for democratic oversight”.

CARICOM’S POSITION 

Caribbean Community (CARICOM)  leaders at their summit in St Lucia last week said they had discussed the arrangements of Third Country Nationals (TCNs) proposed to individual member states by the US government.

They said they considered common concerns across the region regarding the capacity of small countries to manage the transit of TCNs, stressing however, “that every effort would be made to ensure that TCN arrangements do not disrupt the security of countries in the region or divert resources and services from the citizens of respective countries”.

“Heads of Government highlighted the fact that the proposed MOUs were intended to provide for the transit of individuals without criminal antecedents to their home countries rather than settlement in member states and emphasised the need for citizens of the region to understand the distinction,” a statement from CARICOM said.

“They further agreed that every effort should be made to engage CARICOM citizens on these issues. They also affirmed their commitment to the principles of safe, orderly and regular migration, and to the dignity of migrants.”

The leaders noted that some CARICOM countries had already signed, while others were in discussions with the US government. They also noted that 30 countries globally had already signed TCN MOUs.

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