Trinidad and Tobago’s push to challenge the reappointment of CARICOM Secretary General Dr Carla Barnett has moved into a new phase after the CARICOM Heads of Government agreed to refer the matter to the Caribbean Court of Justice (CCJ) for an advisory opinion.

The agreement, reached during the retreat held on July 6, followed months of objections from Trinidad and Tobago over the process used to reappoint Barnett to a second term.

Under Article 212 of the Revised Treaty of Chaguaramas, CARICOM may refer questions about the interpretation of treaty provisions to the CCJ for the court’s guidance, and Heads of Government agreed that the status quo on the reappointment would remain in place until the Community had considered the court’s opinion.

CARICOM described 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 meant to question the integrity of any member state or individual.

Trinidad and Tobago Prime Minister Kamla Persad-Bissessar welcomed the outcome, saying 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 matter to be sent to the CCJ under Article 212.

She had earlier told fellow leaders 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.

The Trinidadian thanked the other CARICOM leaders for backing the proposals, saying the support reflected CARICOM’s commitment to “the highest standards of good governance and institutional improvement,” principles she said she had “always championed” as necessary for the Community’s future.

The referral follows days of tension after Persad-Bissessar’s 22-page letter to Pierre laid out her objections in detail, including her contention that only ten of CARICOM’s 15 member states took part in the February decision, arguing that Antigua and Barbuda, and The Bahamas also were allegedly unable to participate through their designated representatives, and Haiti and Montserrat absent.

Jamaica had also written separately to Prime Minister Pierre, with Prime Minister Andrew Holness saying 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, and 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.

Whether those specific conditions were adopted alongside the referral itself has not yet been detailed publicly.