Lead Editor – Politics
akash.samaroo@cnc3.co.tt
Less than two weeks before Caricom leaders convene in St Lucia, a legal opinion by UWI law professor Rajendra Ramlogan has concluded that there is a substantial legal basis for challenging the validity of Secretary-General Dr Carla Barnett’s reappointment.
The 48-page opinion, completed on June 22, examines the circumstances surrounding Barnett’s reappointment during a Caricom Heads of Government retreat in Nevis earlier this year. It argues that a series of procedural and constitutional concerns may have placed the decision at odds with the Revised Treaty of Chaguaramas, the governing instrument of the regional integration movement.
“The controversy surrounding the 2026 reappointment of the Secretary-General of the Caribbean Community raises questions that extend well beyond the tenure of a single office holder,” Ramlogan wrote in the executive summary of the opinion.
Ramlogan, a former chairman of the Integrity Commission, added that the central issue is whether the constitutional architecture established by the treaty remains a binding legal framework or whether “procedural flexibility may displace treaty discipline when institutional convenience is attractive.”
The legal opinion is the latest development in a controversy that has strained relations between Trinidad and Tobago and Caricom since March, when the regional body announced that Barnett had been reappointed during a leaders’ retreat in Nevis held on the sidelines of the 50th Regular Meeting of the Conference of Heads of Government in St Kitts and Nevis.
Prime Minister Kamla Persad-Bissessar and Foreign and Caricom Affairs Minister Sean Sobers subsequently challenged the legitimacy of the process, arguing that Trinidad and Tobago was denied an opportunity to participate in the discussions and that treaty procedures were not properly followed.
The dispute centred on a February 26 retreat in Nevis, which was designated a “Heads only” session.
Trinidad and Tobago has maintained that Sobers was initially advised that he could attend in the Prime Minister’s absence before later being informed that the meeting would be restricted to Heads of Government only.
Caricom chairman Dr Terrance Drew has denied that Trinidad and Tobago was excluded from the process and said Sobers expressed concern about getting seasick during the journey. Sobers later said the statement was made in jest.
Ramlogan’s opinion identifies what he describes as the most fundamental concern: whether the retreat itself possessed the legal authority to exercise powers reserved exclusively for the Conference of Heads of Government.
“The legal question is therefore not whether Heads of Government discussed the issue, but whether they acted through the institutional form prescribed by the Revised Treaty,” the opinion states.
It argues that if the decision emerged from a retreat operating under procedures materially different from those governing formal meetings of the Conference, then the issue becomes one “not of procedural imperfection but of competence itself.”
The opinion also raises concerns about the exclusion of designated representatives. Ramlogan points to Article 11 of the treaty, which provides that any Head of Government may designate a minister or other representative to attend meetings of the Conference.
According to Ramlogan, that right is a fundamental component of Caricom’s constitutional framework and cannot be removed when decisions are being taken.
“Read together, the Treaty and the Rules suggest that the exclusion of designated representatives cannot coexist with the exercise of the Conference’s formal powers,” Ramlogan wrote.
Another major criticism concerns the role of the Community Council. Ramlogan argues that Article 24 requires the Secretary-General to be appointed by the Conference on the recommendation of the Community Council and contends that the same safeguard should apply to reappointments.
He concluded that the failure to engage the council prior to Barnett’s reappointment represented a significant procedural defect.
“The recommendation mechanism in Article 24 performs a substantive constitutional function by providing institutional oversight, collective review and structured accountability,” the opinion states.
The legal scholar further questioned whether the reappointment was ever properly confirmed in plenary, arguing that there is no publicly available evidence showing that the decision was subsequently circulated, adopted or confirmed in accordance with Caricom’s procedural rules.
He suggested that Trinidad and Tobago’s continuing objection may have prevented the decision from attaining legal effect.
Ramlogan also examined the role played by Barnett in communications surrounding the retreat. He pointed to WhatsApp exchanges in which the Secretary-General relayed information concerning attendance arrangements and suggested that Sobers could choose not to attend because of concerns about seasickness during the boat trip to Nevis.
While acknowledging that Barnett may have acted in good faith, Ramlogan argued that the circumstances raised concerns about institutional impartiality.
“The Secretary-General transitioned from a neutral administrator to an operative participant who affected, facilitated, shaped, or appeared to shape the conditions under which Member States participated in her renewal,” the opinion states.
Beyond the specific procedural complaints, Ramlogan warned that the controversy poses broader questions about governance within Caricom.
“Regional integration derives legitimacy not merely from political consensus but from visible fidelity to agreed constitutional processes,” he wrote.
The opinion argues that if treaty safeguards can be bypassed in relation to the appointment of the Community’s chief administrative officer, then protections designed to ensure the equal treatment of member states risk becoming “contingent rather than binding.”
Rather than viewing the dispute solely through the lens of Barnett’s reappointment, Ramlogan suggested it presents an opportunity for Caricom to reaffirm its commitment to constitutional governance, transparency and institutional accountability.
“Regional integration advances not when difficult decisions are made quickly, but when difficult decisions are made lawfully,” he wrote. “The continuing forward march toward Caribbean unity requires not less law but more fidelity to it.”
Earlier this month, Guardian Media asked Sobers what this country’s position would be once Barnett’s current term expires in August.
He replied that the Government would cross that bridge when it gets there.
