Senior Political Reporter
The Caribbean Court of Justice (CCJ) has not yet received a formal request from Caricom to provide an advisory opinion on the reappointment of Caricom Secretary General Dr Carla Barnett.
The Court confirmed this to Guardian Media last Thursday, while noting that advisory opinions are usually issued no later than six months after a matter is heard.
The clarification came after Guardian Media sought an update on Caricom’s decision to refer Barnett’s reappointment to the CCJ following Trinidad and Tobago’s objections to the process.
Caricom leaders agreed to the request at their July 5 conference in St Lucia, following the Government’s continued objection to the process used in Barnett’s reappointment.
The CCJ has compulsory and exclusive jurisdiction to interpret the Revised Treaty of Chaguaramas.
Regional leaders agreed that the status quo regarding Barnett’s reappointment would remain “unless and until” Caricom considers the CCJ’s opinion.
Caricom’s decision followed Prime Minister Kamla Persad-Bissessar’s continued objection to the reappointment process undertaken by leaders during their February conference in St Kitts and Nevis.
Leaders had agreed that Barnett would be reappointed for another five-year term from August.
Persad-Bissessar left St Kitts before the reappointment discussions and argued that the process was ultra vires Caricom’s Treaty.
Regional leaders subsequently held two virtual meetings on the matter. Persad-Bissessar was invited but did not attend.
At the final meeting on May 8, leaders agreed not to restart the reappointment process.
Just before the St Lucia summit, T&T Professor Rajendra Ramlogan presented a legal opinion stating that Caricom’s St Kitts decision was “constitutionally flawed”. He proposed that the matter be examined by the CCJ, and Persad-Bissessar raised the issue at the St Lucia conference.
Guardian Media recently contacted Caricom’s Secretariat seeking answers on whether the matter had been filed with the CCJ, if it was under examination and when it might be completed. Caricom acknowledged the questions but provided no answers.
CCJ referred to its July 17 release on the issue, which stated, “While the Court is not yet in receipt of any official request for an Advisory Opinion from Caricom, it takes note of the information in the public domain that such a request may be forthcoming.”
The Court stated that advisory opinions will ordinarily be issued no later than six months after the hearing and that the CCJ may hear matters under an expedited procedure.
The CCJ noted that requests for opinions do not involve adversarial or contentious proceedings. “The Court’s remit is to entertain submissions from interested parties and furnish a legal opinion to answer question(s) in the request.”
On the procedure for advisory opinions, the CCJ stated that within 14 days of receiving a request, the Court’s Registrar shall serve copies of the request on all member states and Caricom’s Secretary General. Any entity served shall be entitled to make written submissions to the CCJ within 42 days of being served.
The Registrar shall send copies of all written submissions received to all member states and the Secretary General. After the deadline for submissions expires, the CCJ shall give directions for the further conduct of the matter.
Government sources told Guardian Media that the Government has a duty to assist the Court in its deliberations and would make submissions.
Efforts to get an update from Foreign and Caricom Affairs Minister Sean Sobers and Office of the Prime Minister officials on the matter, including T&T’s legal representation before the CCJ, were unsuccessful.
The Government has said it would abide by the CCJ’s opinion.
