Continued from last week...
Trinidad and Tobago, despite heightened public concerns and dissatisfaction about the rising crime rate (which could reach over 25 to 35 before the end of January, 2011) is still an attractive destination for potential tourists, students, migrants and investors. However, that attraction appears to be seriously undermined by the acceleration of the globalisation of transnational offending crimes namely terrorism, illicit drug trafficking, money laundering, human trafficking, illegal firearms smuggling, compounded by the seamless transition of Russian transnational criminal enterprises in Latin America and the Caribbean.
Furthermore, this situation is exacerbated by apparent weaknesses in both the nation's law enforcement capabilities and deficiencies in regulatory bodies, institutions, the financial sector, the sophistication of white collar crimes and the insidious layers of corruption. Recognition of these potential dangers lurking at the border should have propelled us to effectively respond swiftly with a purposive and new immigration legislation, policies, regulations and implementation. But we are not a nation that has a history of taking pre-emptive action; rather we possess the distinctive tendency to await the arrival of challenges. Have we won the war on transnational offending? Have we stopped the illegal flow of drugs and guns and people? Are some of us willing participants in these transnational offending crimes?
Concerned about the Russian Mafia?
University of Miami scholar, Bruce Bagley, stated that "the longstanding institutional weaknesses of most states in Latin America and the Caribbean countries (LAC's) in combination with the existence of a multibillion dollar drug trade have made these countries attractive targets for Russian transnational criminal enterprises." Bagley also noted that "the lack of transparency in the banking systems of many LAC countries have left them particularly vulnerable to penetration by Russian money launderers. The corrupt and weak law enforcement institutions and judicial systems have allowed Russian crime groups to operate outside the law with virtual impunity."
Bagley further highlighted that "the Russian transnational criminal networks have been able to exploit the increased ease of international travel, the liberalisation of emigration policies, the expansion of international trade, the spread of high technology communications systems and the under-regulation of international financial networks (via sophisticated money laundering techniques) to extend their criminal enterprises well beyond their borders of their own country." In 1999, James Robinson, former Assistant Attorney General, outlined in a Congressional statement the gravity of Russian transnational criminal organisations on all aspects of transnational crimes and capital flight and money laundering into western financial institutions, and the potential to destabilise a society in secrecy.
Recently, the PP government decided to waive the visa requirement for Russian nationals, and while one cannot condemn the government in wanting to foster relations with the Russians, there appears to be no public consultations on the matter and what cost-benefit analysis such a diplomatic overture would have, or whether foreign policy is the mandate of one person.
Minister of Foreign Affairs, Surujrattan Rambachan should address the matter in greater detail. Are we going to see an increase in trade and employment? Rambachan's statement that "an immigration officer can deny entry to any one" should also have been given greater thought, and considered within well-defined articulated immigration legislation, policy, and regulations that can satisfy both the domestic and international interests of the nation whilst attempting to safeguard our already porous borders. One does not know if Minister Rambachan understands how immigration functions.
Former senior immigration officers like Selwyn Thompson, Ronald Crichlow, the effervescent former Chief, Kumar Sirjusingh, and one of the nation's most articulate, experienced and knowledgeable diplomats on the London circuit, Nirmal Bhaggan can advise him. In fact, Mr Bhaggan's global immigration knowledge, policy planning and diplomatic acumen were highlighted by the President of the Consular Corps, and Dutch national Guy de Blakey during his tenure in London.
Objectives and applications
An example of how immigration policies are delineated and implemented can be gleaned from the Canadian Immigration and Refugee Act, 2001, the UK and US Immigration legislations. Canadian immigration objectives "are designed and administered in such a manner so as to promote the domestic and international interests of Canada, include the need (a) to see that families are reunited in Canada,(b)to facilitate the entry of visitors, students, temporary workers, for purposes such as trade, tourism, commerce, international understanding, cultural, educational and scientific activities, (c)to promote international justice and security by fostering respect for human rights and by denying access to persons who are criminals or security risks (These are just some of the objectives). There is also a separate objective section for refugees (IRPA, 2001).
Application
"The Immigration Act is to be construed and applied in a manner that (a)ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms, including its principles of equality and freedom; and complies with international human rights instruments to which it is signatory."