Trinidad and Tobago seeks CCJ opinion over CARICOM Secretary General's reappointment

Saint Lucia: Trinidad and Tobago has objected to the reappointment of Dr. Carla Barnett as Caribbean Community (CARICOM) Secretary General and says that this objection is “neither personal nor political.” Prime Minister Kamla Persad-Bissessar officially expressed this objection during the 51st Regular Meeting of CARICOM Conference of Heads of Government held in Castries, St. Lucia.

In a 22-page letter to regional leaders, PM Kamla Persad-Bissessar said that Port-of-Spain’s position “is not directed towards any individual,” but is concerned with “the legality of the process adopted, the integrity of our institutions and the faithful observance of the constitutional framework established by the Revised Treaty of Chaguaramas.”

She argued that her administration does not accept the process through which the Secretary General was reappointed and it does not recognise the validity of the second term of the Secretary General.

She said that she does not want to create division within the Community, but wishes to preserve the constitutional order on which the legitimacy and credibility of CARICOM depends.

“Regional unity cannot rest upon expediency and irregular practices masquerading as precedent,” she said. According to her, regional unity must rest upon adherence to the rules which every Member State has accepted and undertaken to uphold. 

PM Persad-Bissessar also suggested and urged the regional leaders to seek an opinion from the Trinidad-based Caribbean Court of Justice (CCJ) regarding this matter. She wants the reappointed Secretary General, Dr. Carla Barnett to be engaged on a month-to-month basis until there is a determination by the court.

“Such an interim extension should be expressly stated to be without prejudice to the legal rights or positions of any Member State, and should not be construed as affirming the validity of the impugned reappointment process,” she said.

PM Persad-Bissessar also proposed that Dr. Barnett should not take part in any decisions that are related to the advisory proceedings while the matter is being considered by the court. According to her, those responsibilities should instead be handled by the Deputy Secretary General or another independent person or body.

She also suggested that CARICOM’s General Counsel should recuse herself from the advisory proceedings because she serves as the legal advisor to the Secretary General, whose reappointment is the subject of the proposed court opinion.

PM Persad-Bissessar also proposed that the issue should be urgently referred to the CCJ under Article 212 of the Revised Treaty of Chaguaramas, and it should be treated as a priority because of its importance to the governance of the regional bloc.

“Given the constitutional significance of the issues and their implications for the governance of the Community, the Court should be requested to hear and determine the reference on an urgent basis,” she wrote.

Barnett, who became the first woman to serve as CARICOM Secretary General, assumed office on August 15, 2021. Her second term was announced during the CARICOM Heads of Government Meeting held in St. Kitts and Nevis in February this year.

PM Persad-Bissessar arrived at the opening ceremony of the 51st CARICOM Summit on Sunday after Barnett had already delivered her remarks. St. Kitts and Nevis PM Dr. Terrance Drew, who spoke afterwards, praised her leadership of the Guyana-based CARICOM Secretariat and the regional integration movement as a whole.

PM Persad-Bissessar also referred to her July 3 letter in which she highlighted proposals for the CCJ to provide a final ruling on the matter, along with interim measures until the case is decided.

She argued that Article 24 of the Revised Treaty clearly gives the authority to appoint or reappoint the Secretary General to the Conference of Heads of Government and not to a Heads of Government Retreat or any informal gathering.

“While a Retreat may lawfully facilitate confidential discussion, it cannot replace the constitutional institution designated by the Revised Treaty to exercise the power of appointment,” she noted.

She further argued that although the Rules of Procedure govern how the Conference conducts meetings, they don’t change the powers granted under the Revised Treaty.

According to her, because the decision was taken during the Heads of Government Retreat rather than by the Conference acting under Articles 11 and 24, the reappointment was made by a body that did not have the legal authority to do so.

The PM also pointed out that the official communiqué issued after the February meeting did not mention Barnett’s reappointment. Instead, it only stated that leaders had agreed to establish a special committee comprising Barbados, Dominica, Guyana and Jamaica to review the governance and financing of Community institutions.

"Wrong past practice cannot be used to validate present wrong practice, two wrongs do not make a right," she said.

Persad-Bissessar also argued that Article 24 requires the Community Council to first recommend a candidate before the Conference can appoint or reappoint a Secretary General. However, she claimed that no such recommendation was sought before Barnett’s second term was approved, which made the process inconsistent with the constitutional framework set out in the Revised Treaty.