The Caribbean Community (CARICOM) has hired a regional law firm to handle its response to Trinidad and Tobagoās challenge to the reappointment of Secretary-General Dr Carla Barnett, as the dispute moves closer to consideration by the Caribbean Court of Justice (CCJ).
CARICOM Chairman and St Lucia Prime Minister Phillip J Pierre announced the decision following a recent meeting with Trinidad and Tobago Prime Minister Kamla Persad-Bissessar in Port of Spain. He described the discussions as cordial and said both sides exchanged updates on the proposed request for an advisory opinion from the CCJ.
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Pierre stressed that neither Barnett nor CARICOMās own counsel will participate in the legal process. Instead, the regional body has appointed external counsel to independently review Trinidad and Tobagoās position and prepare CARICOMās response.
The dispute centres on Barnettās reappointment for a second term. CARICOM leaders agreed earlier this year to retain her as Secretary-General, with her new term beginning in August. However, Trinidad and Tobago has challenged the procedure used to make the decision, arguing that the process did not comply with the rules governing the regional organisation.
Persad-Bissessar has maintained that her governmentās objection is not personal or political but concerns the legality of the appointment process and adherence to the Revised Treaty of Chaguaramas. Trinidad and Tobago has therefore requested that the CCJ provide an advisory opinion on the matter.
The involvement of external lawyers is intended to provide greater separation between CARICOMās administrative operations and the legal dispute. Pierre said the outside counsel now has access to the relevant documents and precedents concerning the appointment of the Secretary-General and will handle CARICOMās position as the matter progresses.
The CCJ had previously indicated that it had not yet received an official request for an advisory opinion from CARICOM, although it acknowledged public statements that such a request was being considered. Once a formal request is received, the court is required to circulate it to CARICOM member states and the Secretary-General.
The disagreement has created an unusual challenge for the 15-member regional organisation, placing questions about its decision-making procedures and institutional authority at the centre of a dispute between member states.
For now, CARICOM is leaving the matter to its external legal representatives, while Trinidad and Tobago prepares to formally present its case. The eventual position of the CCJ could provide important guidance on how future CARICOM leadership appointments are conducted and how the organisationās governing rules are interpreted.