Historic race relations law stalled in Parliament
by Wendella Davidson
AN HISTORIC piece of legislation aimed at improving race relations in the country was stalled in the National Assembly last night just as it was set for approval and entry into force early next week. All four parties in the assembly fully backed the bill but it was not approved because officials thought it required two-thirds majority support and this could not be had because enough members were not at the sitting. But the Chronicle understands some legal experts last night said the bill is a new article and not an amendment to the Constitution and therefore needs only a simple majority and not two-thirds to be approved. This came to light after the assembly was forced to adjourn sitting because there were not enough members to constitute a two-thirds majority. Before the House at the time, shortly after 18:00 hrs (6 p.m.), was the Constitution (Amendment) (No 2) Bill 2000 which provides for the establishment of an Ethnic Relations Commission (ERC). Minutes earlier, the bill had received unanimous support from the parties in Parliament, but it was later discovered it could not have been approved because the National Assembly was five short of the required voting members. Members from both sides of the House had hailed the bill as a landmark piece of legislation in the history of the country and Parliament which can determine the future of this country. Despite desperate efforts by parliamentarians from both sides, they were unable to get some of their members to the House to pass the bill. People's National Congress (PNC) and Opposition Leader, Mr Desmond Hoyte, and PNC Parliamentarian Mr John de Freitas, were among those present earlier but they left. De Freitas, contacted by his colleagues returned just minutes before the adjournment was taken, and some time after Minister of Local Government and Regional Development, Mr Harripersaud Nokta, who was out of town with President Bharrat Jagdeo, arrived. Parliamentary Affairs Minister, Mr Reepu Daman Persaud, in an invited comment said, "It is unfortunate that after receiving unanimous support such an important piece of legislation could not be passed because the required number was not there." He said the adjournment will definitely put a delay in his plans for the bill as he had hoped to have President Jagdeo assent to it early next week. The Leader of the Government's business in the House and veteran Parliamentarian said too, it is the first time he can recall such a situation, at such a juncture. Information Minister, Mr Moses Nagamootoo and Chairman of the Oversight Committee on Constitutional Reform which worked on the legislation, in an invited comment after the adjournment said, "It (Bill) is a landmark development for Guyana into a new legislative culture. Not only do we have a piece of law, this is an important component of the Constitution as it is now amended to create an Ethnic Relations Commission so that all citizens can now be now be protected by the Constitution and have a place for recourse or redress, if they are discriminated against on the basis of their race." "This is, as was said by most of the other speakers, the most important piece of legislation that has come out of Guyana as a multi-ethnic society to extend and act as an umbrella of security for all the people of all ethnicities in Guyana", he said. He added that because of the importance of the bill, it was vital that all the political parties on the oversight committee lend their support, which was done. Nagamootoo's only disappointment was that the Leader of the Opposition, though his party lent support, did not remain to see the bill to its finality. Provisions in the bill include:
** the commission will be of not less than five nor more than 15 members nominated by entities, by a consensual mechanism determined by the National Assembly, including entities, representatives of religious bodies, the labour movement, the business sector, youth and women, after the entities are determined by the votes of not less than two thirds of all elected members of the National Assembly. Importantly too, the ERC will
** provide for equality of opportunity between persons of different ethnic groups, and to promote harmony and good relations between such persons. Persaud in introductory remarks said the bill which gives security and confidence to all citizens, has the support of the National Assembly and the Guyanese people. He noted that the Bill has its genesis in the Herdmanston Accord signed between the governing People's Progressive Party/Civic (PPP/Civic) and the PNC in January 1998. Nagamootoo speaking in his capacity as Chairman of the Oversight Committee, admitted having seldom seen such level of cooperation by the sides, adding that some of the best legal minds were responsible for the drafting. He said there were about seven drafts before the final product and it was perused clause by clause and word by word. He said the bill was like a "Team Guyana effort" representing the voice of the people and should not be criticised just for the sake of criticism. PNC member, Mr Raphael Trotman, commending the bill for unanimous assent in a presentation which gained the nods of members of the Government benches at times, said it comes at an historic and crucial time in the socio-economic and political affairs of Guyana. He wondered whether the description of the legislation will not obscure the significance of the creation of the ERC. Trotman submitted five recommendations, including one that the commission be set up immediately and that "fit and proper persons" constitute the membership. Also speaking for the PNC were Parliamentarians Ms Clarissa Riehl and Mr Joseph Hamilton. The United Force leader, Mr Manzoor Nadir, who also supported it, pointed out that the lengthy period the bill took to come to reality was because of the meticulous scrutiny it was put under. He said it was a piece of legislation he was proud to endorse. Alliance For Guyana (AFG) representative, Dr Rupert Roopnaraine also supported the bill and commended members of the Constitutional Reform Committee (CRC) and the Oversight Committee for their hard work and dedication. A bill to amend the Kaieteur National Park Act was approved by the Assembly though it did not gain support from the AFG. The Kaieteur Natiinal Park (Amendment) Bill was taken through its paces by Prime Minister Sam Hinds.
, 2000
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