By Mark Ramotar
Guyana Chronicle
June 1, 2001

A MAJOR Constitutional (Amendment) Bill that will open new ground and broaden the scope of democracy in Guyana was passed with unanimous support after almost five hours of debate in Parliament yesterday.

The Constitutional (Amendment) (No. 3) Bill of 2001 deals with a broad scope of commissions, including the Rights Commissions which focus on the promotion and enhancement of fundamental rights like child and human rights, and the rule of law.

These Rights Commissions, the goals of which are to strengthen social justice and the rule of law, are the Human Rights Commission, the Women and Gender Equality Commission, the Indigenous People's Commission, and the Rights of a Child Commission.

Parliamentary Affairs Minister, Mr. Reepu Daman Persaud said the approval of the Bill augurs well for the future of this country.

"It allows inclusivity, involvement and really democracy would be visible in important areas of life and activities in the country," he envisaged.

According to the Bill, the Human Rights Commission "shall promote the observance of and respect for, and protect and investigate violations of the rights recognised by the Constitution and any other law relating to equality of opportunity and treatment..."

The commission will consist of a full time Chairperson and such other members that will be appointed in accordance with the Constitution The Chairperson of the commission shall be a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some parts of the Commonwealth. Or a court having jurisdiction in appeals from such court, or who is qualified to be appointed as any such judge, or any other fit and proper person with expertise or experience in human rights matters.

This person will be appointed by the President from a list, not unacceptable to him, of six persons submitted by the Leader of the Opposition after meaningful consultation with persons/organisations with expertise and experience in human rights matters.

The Rights of the Child Commission will promote initiatives that reflect and enhance the wellbeing and rights of the child.

The commission will consist of not less than five nor more than 15 members with expertise in issues affecting children to be appointed by the President and determined by the votes of not less than two-thirds of all elected members of the National Assembly.

The Indigenous People's Commission will establish mechanisms to enhance the status of indigenous peoples and to respond to their legitimate demands and needs.

The Women and Gender Equality Commission will seek to promote national recognition and acceptance that women's rights are human rights, respect for gender equality and the protection, development and attainment of gender equality.

Several clauses in the Bill were yesterday amended or altered, including Clause 5 altering Article 210 which relates to the appointment of the six members of the Police Service Commission.

Clause 6 alters Article 211 making it mandatory that the President meaningfully consults the Leader of the Opposition and the Chairperson of the Commission before appointing the Commissioner of Police and every Deputy Commissioner of Police.

Clauses 2 to 6 were altered relating to the Public Service Commission, the Teaching Service Commission and the Police Service Commission.

Also, Clause 7 inserts 28 new articles in the Constitution dealing with the Rights Commissions and the Public Procurement Commission.

Several articles (article 212G to 212M) embody general provisions applicable to all the Rights Commissions.

Article 212G, for example, emphasises the independence and impartiality of the commissions. Another article stipulates the duration of, and the procedure for, the appointment of members of the commissions.

Article 212I provides that the Secretariat for the Human Rights Commission also be the secretariat for the other three Rights Commissions.

Member of the governing People's Progressive Party/Civic (PPP/C), Mr. Khemraj Ramjattan, said this bill was going to go a far way in enhancing the democracy that was started here in 1992.

"Democracy is but an unfinished journey and this bill is but a milestone in that journey and we will continue that course," he said.

Ramjattan also pointed out that it is not the PPP/C that breaches the `faith' because the party always acts "faithfully".

Some of the speakers from the Opposition benches expressed fear that these commissions might not be implemented.

Opposition People's National Congress Reform (PNC/R) Member, Mr. Raphael Trotman hoped that President Bharrat Jagdeo will see that the commissions are established with "due haste".

However, Ramjattan and other speakers from the government benches gave the strong assurance that the commissions will be established early.

Trotman also pointed out what he felt was an "obvious sloth" in bringing the Bill to Parliament.

Leader of The United Force (TUF), Mr. Manzoor Nadir said he sees the passage of the bill as one of strengthening democracy and the fundamental rights of the Guyanese people.

Also making presentations in the House in wholehearted support of the Bill were Mr. Robert Corbin, Mr. Winston Murray and Ms. Deborah Backer of the PNC/R and Mr. Bernard De Santos, Ms. Indra Chandarpal and Ms. Pauline Sukhai for the PPP/C.

During the debate, which was generally very lively, there was constant heckling from both sides of the House with shouts of "Slow fire" from the Opposition benches and "Shame" from the governing side.