Senior Political Reporter
Professor Rajendra Ramlogan has welcomed Caricom’s approval of T&T’s move to seek a Caribbean Court of Justice (CCJ) opinion on the reappointment of Caricom’s Secretary General – and he’s queried if an expedited hearing will be done.
And former Foreign and Caricom Affairs minister Dr Amery Browne says he’s pleased that some in the United National Congress Government are now seeing value in the CCJ.
Just before Caricom’s St Lucia conference, Ramlogan revealed a legal opinion that the reappointment was constitutionally flawed and cited reasons.
In May, when Caricom leaders had agreed that the reappointment would stand and there would be no revisiting of the process, Persad-Bissessar said then that T&T would not go to the CCJ on it or recognise the CCJ as T&T’s final appellate court.
After Browne urged Persad-Bissessar not to try to revive the matter at the St Lucia conference, however, Ramlogan called for the issue to be decided upon by the CCJ.
Following yesterday’s Caricom agreement on T&T’s CCJ proposal, Ramlogan, citing his legal assessment, said he regarded Caricom’s action as a welcome development for the rule of law within Caricom.
“Resorting to the CCJ under Article 212 of the Revised Treaty is precisely the type of institutional mechanism that exists to resolve disputes concerning the interpretation and application of the treaty. It demonstrates that legal disagreements within the Community can and should be resolved by law rather than political debate,” Ramlogan said.
He cited several important legal and practical questions that will hopefully be addressed.
“The statement indicates the status quo concerning the reappointment will remain pending the advisory opinion. If that is so, what is the legal position when the Secretary General’s present term expires on August 14th, 2026? Does the purported reappointment automatically take effect on that date, or is some interim arrangement contemplated?”
He added, “Equally important, no timetable has been announced for referring the matter to the court. Will the Community seek an expedited hearing given the approaching expiry of the current term?” Ramlogan said since the Community itself will now be the applicant in the advisory proceedings, the question naturally arises as to how any actual or perceived conflicts of interest will be managed. “The statement is silent on recusal or alternative institutional arrangements during the proceedings,” he added. He said these remaining procedural issues are capable of resolution.
“One would expect further details to clarify how the referral will proceed and how the Community will manage the period before the court delivers its advisory opinion.”
Meanwhile, political analyst Dr Shane Mohammed, who in April had backed the PM’s position, said, “I maintain that myself, Sir Ronald Sanders, Dr Bhoe Tewarie and an absolutely solid legal opinion from Professor Ramlogan could not all have been independently wrong on this dispute. “The primary issue has always been a matter of process. The Revised Treaty of Chaguaramas is in essence our Caricom constitution. In every jurisdiction, it’s the constitution which directs actions and processes. How, therefore, could Caricom officers believe they could have deviated from such directions on the basis of perceived favour, familiarity or even friendship?”
Mohammed added, “The matter was always one of two things: that leaders rescinded the decision and started over, or we reverted to the CCJ on the matter. Professor Ramlogan, in his legal wisdom, made it pellucidly clear that such was indeed the route to go. I look forward to an urgent but comprehensive advisory opinion from the CCJ bench on this issue. I agree with the Prime Minister that the Secretary General and the general council ought to recuse themselves from decision-making until this matter is fully resolved.”
Political analyst Dr Bishnu Ragoonath, who didn’t expect a long wait on the CCJ’s examination matter since it wasn’t a case, added, “The Prime Minister has had legal advice and Caricom is now under pressure on whether or not its initial recommendation and actions were deemed to be in keeping with the Treaty of Chaguaramas.
“Former Foreign and Caricom Affairs Minister Browne said, “I’m pleased that there are some in the T&T Government who now are seeing some value in the Caribbean Court of Justice.”
Browne seemed to be referencing the UNC’s views against the CCJ while in Opposition and also Persad-Bissessar’s position up to May against the CCJ on the matter of Barnett’s reappointment.
Browne said, “We have noted that the status quo remains with respect to the renewal of the term of office for the Caricom Secretary General. And now the matter shifts to the regional court and away from the very public exchanges that were initiated by PM Kamla and her Government.”
