CASTRIES, St Lucia, CMC – Caribbean Community (CARICOM) leaders on Tuesday agreed to seek an advisory opinion from the Caribbean Court of Justice (CCJ) regarding the controversial reappointment of CARICOM Secretary General Dr Carla Barnett for a five-year term.
St Lucia’s Prime Minister Phillip J Pierre, who is also the CARICOM chairman, said in a prepared statement to reporters that the regional leaders had discussed the issue after Trinidad and Tobago “maintained its objection to the process used in the reappointment of the Secretary General”.
“CARICOM acknowledged that the Republic of Trinidad and Tobago desires to have the issue of the reappointment of the Secretary General referred to the Caribbean Court of Justice (CCJ) to render an advisory opinion thereon.”
He said that, to facilitate this request, CARICOM leaders had agreed “to commence proceedings to secure such advisory opinion in accordance with Article 212 of the Revised Treaty of Chaguaramas.
“The Community acknowledged that this is the very purpose for which the CCJ was created, to be a treaty interpretation body,” Pierre said.
In a 22-page letter written to the regional leaders, Trinidad and Tobago’s Prime Minister Kamla Persad-Bissessar said that “regional unity cannot rest upon expediency and irregular practices masquerading as precedent.
“It must rest upon adherence to the rules which every Member State has freely accepted and undertaken to uphold,” she said, urging that the CCJ, which also acts as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the regional integration movement, be asked to give an opinion on the matter.
Persad-Bissessar also wanted Barnett to be engaged on a “month-to-month basis” until there is a determination by the CCJ.
“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.
“Pending the determination of the advisory proceedings: (a) the incumbent Secretary General shall fully recuse herself from the exercise of any authority whatsoever or take any decision, directly or indirectly, regarding the said advisory proceedings,” Persad-Bissessar said, adding that “responsibility for such action shall be vested entirely in the Deputy Secretary General or some other independent person/body”.
But in his statement, Pierre said that CARICOM “further agreed that the status quo with respect to the reappointment of the Secretary General shall remain unless and until the Community considers the said advisory opinion from the CCJ.
“The Community agreed that this way forward allows for this matter to be resolved in an amicable manner without prejudice to the ability of the Community to conduct its affairs. In this context, the Community reaffirmed that the ongoing review of the governance architecture is part of the broader mandate agreed at the previous conference in St Kitts and Nevis to strengthen the governance of the Community and enhance its effectiveness.”
Pierre said that the leaders “further underscored that this process does not impugn the integrity of any member state or individual, but rather it reflects the Community’s collective commitment to continuous institutional improvement with the highest standards of good governance.
“The heads have reaffirmed their commitment to the ideals and objectives of the Community and will continue to move forward in unity to advance the interests of the region during these difficult times, recognising the myriad challenges the Community faces currently,” Pierre added.
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