WHILE Prime Minister Kamla Persad-Bissessar smiled for photographs and exchanged pleasantries with Caricom Secretary-General Dr Carla Barnett in St Lucia, the Prime Minister remains steadfast in her position that Barnett’s reappointment was unconstitutional and should be referred to the Caribbean Court of Justice (CCJ) for an advisory opinion.Persad-Bissessar arrived in St Lucia on Sunday for the 51st Regular Meeting of the Conference of Heads of Government of Caricom. She missed Barnett’s address because of “logistical issues” but was present for the official group photographs and was seen in video clips chatting with Barnett and fellow Caricom leaders, including Barbados Prime Minister Mia Mottley. The Express understands that Persad-Bissessar intended to formally raise the matter during yesterday’s Caricom leaders’ retreat.Ahead of the summit, the Prime Minister sent a 22-page letter, dated July 3, to Caricom Chairman and Saint Lucia Prime Minister Philip J Pierre, as well as all Heads of Government and Heads of State. In the letter, she outlined what she described as serious procedural and constitutional flaws surrounding Barnett’s purported second term and proposed a series of interim measures while the CCJ considers the matter.The Prime Minister stressed that her position was not about personalities but about protecting the rule of law, constitutional governance and the integrity of the regional body.She emphasised that Trinidad and Tobago remained fully committed to Caricom and regional integration but maintained that “regional unity cannot rest upon expediency and irregular practices masquerading as precedent” and must instead be founded on strict adherence to the Revised Treaty of Chaguaramas.Persad-Bissessar said Trinidad and Tobago did not recognise the validity of the process by which Barnett was reappointed, and therefore could not accept the legality of her second term.“This matter is advanced not in a spirit of disagreement, but in a spirit of constitutional responsibility,” she wrote, insisting that the dispute concerned the legality of the process rather than any objection to Barnett personally.The Prime Minister recommended that Caricom invoke Article 212 of the Revised Treaty and formally request an advisory opinion from the CCJ. Persad-Bissessar argued that only the regional court could provide an authoritative interpretation of the treaty provisions governing the appointment of the Secretary-General.She proposed that the Conference of Heads of Government urgently refer the dispute to the CCJ, request an expedited hearing, require all Member States to abide by the court’s ruling and immediately implement whatever determination the Court ultimately reached.She argued that seeking the court’s intervention was not confrontational but instead demonstrated confidence in Caricom’s legal institutions.“The framers of the Revised Treaty wisely recognised that disagreements concerning the interpretation of our constitutional instruments should be resolved by law, rather than by competing political interpretations,” the letter stated.Persad-Bissessar also detailed what she described as the chronology of events leading to the February 2026 meeting in Nevis at which Barnett’s reappointment was made, including that the proposed reappointment never appeared as an agenda item in any provisional agenda, programme of work or working paper circulated before the conference; that Trinidad and Tobago, Antigua and Barbuda, and The Bahamas were prevented from exercising their treaty right to participate through duly designated representatives; and that the Heads’ Retreat itself lacked the constitutional authority to appoint or reappoint a Secretary-General.According to the letter, only ten of the 15 Member States participated in the decision because Trinidad and Tobago, Antigua and Barbuda, and The Bahamas were allegedly prevented from participating through designated representatives, while Haiti and Montserrat were absent. Persad-Bissessar stated that this fell below the constitutional threshold required by the treaty.She also argued that even if discussions occurred during the retreat, no formal confirmation took place during the conference’s plenary session. She maintained that without plenary confirmation, the decision never attained legal effect.Persad-Bissessar also argued that the Secretary-General should not have participated in administrative arrangements connected to her own reappointment. Although acknowledging that Barnett was reportedly absent from the room during deliberations, the Prime Minister argued that Barnett nevertheless communicated the decision restricting attendance at the retreat to Heads of Government only.She said this created at least the appearance of a conflict of interest because the Secretary-General was communicating arrangements for a process affecting her own tenure.Pending a CCJ ruling, Persad-Bissessar proposed that both the Secretary-General and Caricom’s General Counsel recuse themselves from every aspect of the advisory proceedings.She also proposed that independent officials appointed directly by the conference manage any referral to the CCJ.The Prime Minister further recommended several temporary measures to preserve continuity within the Secretariat while avoiding prejudice to any legal position.Jamaica’s Prime Minister Andrew Holness also wrote to the Caricom Chairman saying that while Jamaica was not seeking to overturn the decision of regional leaders to reappoint Barnett, it remained “concerned that the approach taken has neither resolved the matter nor promoted the spirit and goals of the Revised Treaty of Chaguaramas”.“It has become clear that we were not all on the same page. Therefore, it is important that any concerns be addressed in a meaningful manner to restore cohesion, if not unity, which is indispensable to the effective functioning of Caricom,” Holness wrote.The Express understands that the leaders’ retreat continued late into the evening yesterday.