Stakeholders support CCJ move

Senior Reporter

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As Caricom prepares to seek an advisory opinion from the Caribbean Court of Justice (CCJ) on the process used to reappoint its Secretary General Dr Carla Barnett, some stakeholders say the move could provide long-awaited legal clarity while strengthening the regional body’s governance and decision-making.

The University of the West Indies (The UWI), St Augustine Campus principal, Professor Rose-Marie Belle Antoine, who previously served as dean of the Faculty of Law, described the decision as “an excellent” and “mature” step that removes the issue from the political arena and places it before an independent court.

Speaking with Guardian Media at the Office of the Campus Principal yesterday, Belle Antoine said, “I think it’s an excellent decision and it paves the way for it to be a non-contentious issue and one hopes that is what will be the outcome.

“I think Trinidad and Tobago asked some legitimate questions which clearly are significant, and Caricom has now decided, ‘Yes, there needs to be a response’. I’m really pleased that they have talked about it and come to what I consider to be a mature decision. Let a neutral third party examine it.”

She said she hopes the advisory opinion will not only settle the Secretary General issue, but also clarify broader concerns about Caricom’s governance and how the regional body functions.

Belle Antoine added, “Actually, I am pleased not only about the Secretary General matter, but from my point-of-view as a legal academic, as a scholar, I am actually excited to hear some opinions about some broader issues such as the role and the legal status of the Heads of Government Retreat because this has been happening for many years, and what is the legal significance? Are the decisions binding? What is the status of the retreat? Those are some of the questions I think should be answered. In some ways, the Secretary General issue is incidental. And, I think the public is entitled to legal certainty, as much as you can in law.”

Expressing confidence in the CCJ, Belle Antoine described CCJ President Justice Winston Anderson as the region’s foremost international law expert.

She said she also believes Caricom leaders want to move forward and that there is a sense that they too have confidence in the CCJ to assist in resolving the matter.

Although no timeline has been announced, Belle Antoine said she believes the court hearing will be dealt with expeditiously.

Former foreign affairs minister Dr Amery Browne also welcomed the referral, saying it allows Caricom to continue its work while the legal questions are determined by the CCJ.

Browne said, “It is a good thing that there are some in the Government of Trinidad and Tobago who now are seeing some value in the Caribbean Court of Justice. We have noted that the status quo remains with respect to the renewal of the term of office of the Caricom Secretary General.”

He said this move now shifts the matter away from the “very public exchanges” that followed Persad-Bissessar’s challenge to the reappointment process.

“Now the matter shifts to the regional court and away from the very public exchanges that were initiated by Prime Minister Kamla Persad-Bissessar and her Government. This decision allows for Caricom to proceed with its business including the immediate finalisation of a contract for the Secretary General for the approved five-year term, whilst at the same time it provides a face-saving measure for the Government of Trinidad and Tobago based on their very unreasonable initial positions.”

Also speaking to Guardian Media yesterday, political analyst Derek Ramsamooj supported referring the matter to the CCJ, describing it as the appropriate mechanism for resolving legal questions under the Revised Treaty of Chaguaramas.

Ramsamooj said, “We must understand that in all treaties, conflict or differences will occur at almost every meeting session. Therefore, building consensus out of different positions is a mechanism that will lead to the strengthening of such an institution.”

Asked whether he was hopeful for Caricom unity to be maintained now that there will soon be a resolution to the months-long impasse, Ramsamooj argued that disagreements among Caricom member states are not new.

He said historically, there has never been unity amongst the Caribbean countries, adding that Caricom was established to facilitate dialogue and compromise rather than unanimous decision-making.

He also described it as ironic that Trinidad and Tobago is now turning to the CCJ for guidance on a Caricom matter while the country has not adopted the regional court as its final court of appeal, replacing the Privy Council.

However, he maintained that seeking an advisory opinion was the correct course of action and said the process should prompt a wider review of Caricom’s governance, decision-making structures and overall effectiveness.