CARICOM head to seek CCJ advice on Secretary-General’s reappointment

Jul 08, 2026 News

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(Kaieteur News) – The Caribbean Community (CARICOM) has agreed to refer the contentious reappointment of Secretary-General Dr. Carla Barnett to the Caribbean Court of Justice (CCJ) for an advisory opinion, following a formal objection from Trinidad and Tobago over the legality of the process used to grant her a second term.

The compromise was reached during a Heads of Government Retreat held on 6^th July, 2026, on the margins of the 51st CARICOM Summit in St. Lucia, chaired by St. Lucian Prime Minister Philip J. Pierre.

The diplomatic rift became public following a detailed 22-page letter sent to regional leaders by Trinidad and Tobago’s Prime Minister, Kamla Persad-Bissessar. In the letter, obtained by the Caribbean Media Corporation (CMC), Persad-Bissessar stated that Port-of-Spain does not recognise the validity of Dr. Barnett’s second term.

She described the objection as “neither personal nor political,” writing that her administration “does not accept the process by which the Secretary General was purportedly reappointed and, consequently, is unable to recognise the validity of the purported second term of the Secretary General.” She said her position concerns “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,” adding: “I wish to be very clear: our position is not held to create division within the community, but to preserve the constitutional order upon which the legitimacy and credibility of CARICOM ultimately depend. 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.”

Trinidad and Tobago’s challenge rests on procedural grounds under the Revised Treaty of Chaguaramas. Persad-Bissessar argued that Article 24 of the Treaty “expressly gives the power to appoint and reappoint the Secretary General to the Conference, not to a Retreat, caucus or informal gathering of Heads of Government.” While a retreat may lawfully facilitate confidential discussion, she wrote, “it cannot replace the constitutional institution designated by the Revised Treaty to exercise the power of appointment.”

Because the reappointment decision was made during a Heads-only Retreat in St. Kitts and Nevis rather than by the Conference acting under Articles 11 and 24 of the Revised Treaty, she argued, it was made by a body “lacking the constitutional competence to exercise that power and was therefore inconsistent with the Revised Treaty.”

She further contended that a gathering cannot acquire treaty powers simply because its participants overlap with those who ordinarily constitute the treaty organ. Persad-Bissessar noted that the official communiqué issued on 1^st March, 2026, made no reference to the Secretary-General’s reappointment under that agenda item — an omission she said deprived member states of the chance to prepare for deliberation on a matter affecting one of the Community’s highest constitutional offices. “Wrong past practice cannot be used to validate present wrong practice – two wrongs do not make a right,” she wrote. She also pointed out that Article 24 establishes a mandatory sequence in which the Community Council must first make a recommendation before the Conference may appoint or reappoint a Secretary-General, and that no such recommendation was sought or obtained in this case.

While the matter is prepared for the CCJ, Trinidad and Tobago pushed for strict interim measures to manage potential conflicts of interest. Persad-Bissessar proposed that Dr. Barnett be engaged on a month-to-month basis until the court rules, with any such interim extension explicitly stated to be without prejudice to the legal rights of any member state and not construed as affirming the validity of the disputed reappointment process.

She further demanded that, pending the advisory proceedings, the incumbent Secretary-General fully recuse herself from exercising any authority or making any decision — directly or indirectly — related to those proceedings, and that the General Counsel likewise recuse herself given her primary role as adviser to the Secretary-General.

CARICOM’s response

In an official statement issued after the retreat, CARICOM leaders moved to defuse the tension by agreeing to commence legal proceedings under Article 212 of the Treaty to secure an expedited advisory opinion from the Trinidad-based CCJ, describing this as precisely the role for which the court was created — a treaty interpretation body.

Regional heads agreed that the status quo regarding the Secretary-General’s reappointment will remain in place unless and until the Community considers the CCJ’s advisory opinion.

CARICOM said this approach allows the matter to be resolved amicably, without prejudice to the Community’s ability to conduct its affairs.

Despite the procedural dispute, other regional leaders have strongly backed Dr. Barnett’s leadership. She originally assumed office on 15^th August, 2021, becoming the first woman to hold the post.

At the summit’s opening ceremony, St. Kitts and Nevis Prime Minister Dr. Terrance Drew praised her stewardship of the Guyana-based Secretariat and of the regional integration movement as a whole, telling her she had understood the importance of preserving the Secretariat’s impartiality while faithfully implementing the decisions of Heads of Government. “That balance has strengthened this Community, and for this I offer, on behalf of all of us, our sincerest gratitude,” he said.

CARICOM maintained that referring the matter to the CCJ reflects the Community’s commitment to continuous institutional improvement and the highest standards of good governance, and that the process does not impugn the integrity of any member state or individual. The Heads of Government concluded the retreat by reaffirming their commitment to the Community’s ideals and objectives, pledging to continue moving forward in unity to advance the region’s interests amid its current challenges.

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• CARICOM, CCJ, reappointment, Secretary-General

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