In a classic diplomatic compromise CARICOM has agreed to refer the controversial reappointment of its Secretary-General, Dr Carla Barnett, to the Caribbean Court of Justice (CCJ).
At the same time, in a carefully worded communiqué on Tuesday afternoon, the Heads preserved the status quo and avoided an institutional fallout by allowing for the Secretary-General to remain under the existing arrangements while the legal process unfolds, and until the CCJ’s advisory opinion is handed down under Article 212 of the Revised Treaty of Chaguaramas.
This may well become one of the most important institutional developments in CARICOM governance.
The communiqué was read by CARICOM Chairman, St Lucia’s Prime Minister Philip Pierre, and formally addresses the highly sensitive internal conflict that began in February of this year after Trinidad and Tobago’s formal objection to how the CARICOM Secretary-General was reappointed during a retreat in Nevis, at the 50th CARICOM Heads of Government Conference.
On the first working day of the 51st Conference, currently underway in Gros Islet, St. Lucia, T&T’s Prime Minister Kamla Persad-Bissessar pressed her case and circulated a 22-page legal submission to the Heads of Government, pushing hard for a formal legal review of Dr. Barnett’s reappointment by the region’s highest court, while insisting that it was neither a political nor a personal issue.
The core issue is the process, PM Persad-Bissessar insisted, as she laid out the legal arguments in her letter, pivoting the debate from what had first been criticised as political sniping to one centred on treaty interpretation.
Then, Jamaica stepped in to help de-escalate what was a growing rift.
In his letter to the CARICOM Chairman, dated July 6th, Prime Minister Andrew Holness noted that Trinidad and Tobago “has formally and consistently expressed opposition to a matter, on procedural and other grounds, and the fact that the issue has since become one of public controversy, should be of grave concern to us and should not be disregarded.”
It reflects a decision taken by Jamaica since May 8th.
“It has become clear that we were not all on the same page. Therefore, it is important that any concerns be addressed in a meaningful manner to restore cohesion, if not unity, which is indispensable to the effective functioning of CARICOM,” Holness noted.
And it was all left up to the Chairman to manage the crisis.
“The Heads of Government further underscored that this process does not impugn the integrity of any Member State or individual; rather it reflects the Community’s collective commitment to continuous institutional improvement with the highest standards of good governance,” CARICOM Chairman, Prime Minister Philip Pierre stated in his communiqué.
“The Heads of Government 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 of challenges the Community faces currently,” PM Pierre said on Tuesday.
Persad-Bissessar welcomed the outcome, describing it as ”a testament to the Chairmanship of CARICOM by the Honourable Philip Pierre, Prime Minister of Saint Lucia, who facilitated consensus and the opportunity for the region to move forward in unity, to advance the well-being of all the people of CARICOM.”
She thanked her “ fellow Colleague Heads for supporting Trinidad and Tobago’s proposals which were viewed as consistent with CARICOM’s commitment to the highest standards of good governance and institutional improvement; principles which I have always championed as necessary for the future of CARICOM.”
The bottom line is that the communiqué does not conclude that the reappointment process was flawed, suspend the Secretary-General or overturn her reappointment. Instead, it acknowledges Trinidad and Tobago’s objection while committing the Community to seek legal clarification from the CCJ.
In choosing the Court over confrontation, and legal guidance over a political showdown, CARICOM may have made the landmark decision of its 51st Heads of Government Conference, regardless of what advice the CCJ ultimately delivers.
Post Script (FYI): Article 212 of the Revised Treaty of Chaguaramas (2001) gives the CCJ exclusive jurisdiction as a non-adversarial, authoritative legal guide on how the treaty is interpreted and applied. These formal legal opinions can only be requested by CARICOM itself or by Member States involved in a dispute. The CCJ is also the body which resolves complex legal technicalities arising out of the Caribbean Single Market and Economy (CSME). The First Advisory Opinion was given in (November 2019, when the CARICOM Secretariat officially filed the first request. It sought the Court’s guidance on whether Member States could lawfully opt-out of decisions regarding the Free Movement of Skilled Community Nationals
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