CARICOM Heads of Government have agreed to refer the dispute over the reappointment of Secretary-General Dr. Carla Barnett to the Caribbean Court of Justice (CCJ) for an advisory opinion, according to Antigua.news. The agreement marks a significant escalation in the months-long standoff led by Trinidad and Tobago over the process used to renew Barnett's contract.
The decision was reached during a CARICOM Heads of Government retreat held on July 6. Under Article 212 of the Revised Treaty of Chaguaramas, the Community may refer questions of treaty interpretation to the CCJ for guidance. Leaders agreed that the status quo on the reappointment would remain in place until the Community has considered the court's opinion.
CARICOM characterised the referral as consistent with the very purpose for which the CCJ was established — as a treaty interpretation body — and stressed that the process was not intended to question the integrity of any member state or individual.
Trinidad and Tobago Prime Minister Kamla Persad-Bissessar welcomed the outcome, stating that Heads of Government had "accepted and approved" the proposals she brought to the retreat. She said she had "steadfastly maintained Trinidad and Tobago's objections to the process used in the reappointment of the Secretary-General" and had pressed for the referral under Article 212.
Persad-Bissessar had previously argued that the reappointment — announced during a Heads' Retreat in St. Kitts and Nevis in February rather than in a formal plenary session — breached the constitutional procedures set out in the Revised Treaty. She thanked fellow CARICOM leaders for their support, saying it reflected the Community's commitment to "the highest standards of good governance and institutional improvement."
The referral follows days of tension after Persad-Bissessar sent a 22-page letter to CARICOM Chair Prime Minister Pierre detailing her objections. Among her contentions was that only ten of CARICOM's 15 member states participated in the February decision, with Antigua and Barbuda and The Bahamas allegedly unable to participate through their designated representatives, and Haiti and Montserrat absent.
Jamaica also wrote separately to Prime Minister Pierre. Prime Minister Andrew Holness stated that the explanations offered for the reappointment process had not reassured all member states, though Jamaica stopped short of seeking to overturn the decision.
Barnett, the first woman to serve as CARICOM Secretary-General, took office on August 15, 2021. Her current term is due to expire in August.
Persad-Bissessar's earlier proposals had called for Barnett to continue on a month-to-month basis until the CCJ rules and for her to recuse herself from any decisions tied to the advisory proceedings. As reported by Antigua.news, whether those specific conditions were formally adopted alongside the referral has not yet been publicly confirmed.
