Caricom hires external counsel amid challenge to Barnett’s reappointment

The Caribbean Community (Caricom) has hired external legal counsel to handle its response to Trinidad and Tobago’s challenge to the process used to reappoint Secretary-General Dr. Carla Barnett.

Caricom Chairman and St. Lucia Prime Minister Phillip J. Pierre confirmed the move Monday, saying the regional grouping had taken steps to ensure the process remains transparent.

Pierre was speaking following a recent visit to Port of Spain, where he met with Trinidad and Tobago Prime Minister Kamla Persad-Bissessar to discuss the matter.

He described the meeting as “very cordial,” saying the two leaders updated each other on their respective positions regarding a proposed advisory opinion from the Caribbean Court of Justice (CCJ).

“Basically, the prime minister wanted an update. I went to give an update on the advisory opinion … and what was the state of play on the opinion that the government of Trinidad and Tobago requested on the appointment of the secretary-general of CARICOM,” Pierre said.

He said Trinidad and Tobago had prepared its position, while Caricom’s response would be reviewed by the external law firm.

Pierre stressed that both Barnett and Caricom’s regular legal counsel have recused themselves from the process.

“They’re not involved in the process at all. Neither the secretary-general of Caricom nor the counsel of Caricom is involved in the process. The process has been handled by external counsel,” he said.

“Caricom has employed external counsel, so we want to ensure that the whole process is transparent.”

According to Pierre, the external counsel has been provided with documents and precedents relating to the appointment of Caricom secretaries-general, while Trinidad and Tobago is expected to present its case to the judges.

He did not indicate when that process would take place.

Caricom leaders agreed at their summit in St. Lucia last month to seek an advisory opinion from the CCJ after Trinidad and Tobago and Jamaica raised concerns about the procedure used to reappoint Barnett, the first woman to serve as Caricom secretary-general.

Trinidad and Tobago has maintained that its objection is neither personal nor political.

In a 22-page letter to regional leaders, Persad-Bissessar said her government’s concerns centered on the legality of the process and whether it complied with the Revised Treaty of Chaguaramas.

“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 depends,” Persad-Bissessar wrote.

“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.”

Late last month, the Trinidad-based CCJ said it had not yet received an official request from Caricom for an advisory opinion on Barnett’s reappointment, although it acknowledged reports that a request could be forthcoming.

Under the court’s procedures, copies of a request for an advisory opinion are to be served on all Caricom member states and the secretary-general within 14 days of receipt. Those served would then have 42 days to make written submissions.

The CCJ said an advisory opinion would ordinarily be issued no later than six months after a hearing.

Meanwhile, Pierre said Persad-Bissessar reaffirmed Trinidad and Tobago’s commitment to Caricom during their meeting.

“So I was very pleased that she did that. So we’re looking forward to working together,” Pierre said.