PNC makes oral presentation to Constitution Reform Commission -- Calls for state power to be diffused, centralised Guyana Chronicle May 24, 1999 THE People's National Congress (PNC) is pushing for shared political power in the recommendations it submitted to the Constitution Reform Commission. A team comprising PNC Executives recently gave an oral presentation to the 20-man Commission, calling for the power and authority of the State to be removed from being exclusively the incumbent government's. "It must be different, it must be diffused, decentralised and devolved," the presentation done by General Secretary, Mr Oscar Clarke said. The team included Mr Lance Carberry, Ms Clarissa Riehl, Mr Lloyd Joseph and Mr Andrew Hicks. "The provisions of the new Constitution should inhibit drastically the power of any government to act oppressively, arbitrarily, or capriciously. It should establish a free, open society that guarantees the supremacy of the rule of law, fundamental human, civil, political and religious rights, fairness in governmental administration and equal opportunities for all citizens to access and enjoy all the benefits our country has to offer," Clarke stressed. According to the PNC, the new Constitution should establish effective national institutions, procedures and mechanisms to protect fundamental rights, and to grant speedy remedies to aggrieved citizens whenever they are violated. "It should inspire citizens with confidence in the fairness of the political system, not merely the electoral mechanism, but the day-to-day system of governmental administration. We believe that the major problem in our political life today is that of good governance," the PNC official offered. The PNC said its second submission two weeks ago, did not withdraw recommendations it had made to the Parliamentary Select Committee on Constitution reform in 1997. The main minority party said its 1997 submission still remained along with this latest one. Under the Electoral system, the PNC has proposed that there be a mix of proportional representation (PR) and first past the post. The party argued that the present parliamentary system, where there are 11 non-elected Ministers "makes a mockery of PR" and has proposed that the power to appoint non-elected Ministers be abolished or limited to about two. The PNC contended that the system of Members of Parliament being elected by the Regional Democratic Councils and the National Congress of Local Democratic Organs should also be abolished. The opposition party said the elections for the National Assembly should be as follows: (i) Number of seats - 80 (ii) Number of seats elected nationally by PR - 50 (iii) Number of seats elected regionally by first-past-the-post - 30. It said that under this system, any eligible citizen, may stand as a candidate for the Regional elections. "The advantage of this system is that it goes some way to meeting objection about the absence of a link between an MP (Member of Parliament) and a constituency, and at the same time gives small parties an opportunity to gain a seat if they are strong in the sub-region, or provides for an independent voice to be heard in the National Assembly," the submission pointed out. The PNC said: "Fundamental to the proper functioning of elections is an efficient, credible and autonomous Elections Commission, headed by an independent, impartial Chairman, in whose integrity the public at large have confidence." According to the party, the Commission, which should have a full-time Chairman, should be permanent and properly funded, staffed, equipped and located. It said too that the Chairman of the Elections Commission should be shortlisted from a list of six named by the leader of the opposition of Parliament after consultation with other opposition members. The six should be interviewed by the parliamentary sub-committee and (should have) a two-thirds parliamentary support for the nomination. The PNC has suggested too, that the role of Parliament should be substantially strengthened in various aspects including: * The Constitution should provide for the establishment of standing all-party parliamentary committees or sub-committees with specific functions and responsibilities. All such committees should be chaired by an opposition member. * All constitutional office holders, for example, Judges, the Ombudsman, the Auditor General, in addition to Ambassadors, Permanent Secretaries and the Attorney General (if not a Minister) should be interviewed by the relevant parliamentary committee to enquire into their suitability for office. * There should be a parliamentary oversight committee for the Police and security forces. The relevant parliamentary committee should hold hearings for the appointment of the Commissioner of Police and the Chief of Staff, and report each preferred candidate to the National Assembly. * The standing all-party parliamentary committees should not have power to interfere in the day-to-day running of any government agency or give instructions or directions to any official; but they should have the right to summon the principal functionary of the agency to explain policy matters and answer questions on specific issues related to their agency. * All Bills should be referred to a select committee before they are put on the Order Paper for the second and third readings. * An all party committee should be established to manage the business of the National Assembly. Under Local Government, the PNC says there should be a clear understanding and acceptance that the Regional Democratic Councils and the smaller Local Democratic Organs are part of the Local Government system and not agencies of the central administration. "To this end, therefore, the Regional Democratic Councils should...exercise the power to raise revenues by taxation and otherwise and be responsible for a range of activities in their respective Regions," the submission added. Under the Presidency, the PNC has suggested that the person: (a) should be a Guyanese by birth (b) should be sworn in at a public ceremony by the Chancellor of the Judiciary in the presence of the Chief Justice, Judges of the High Court, the Chief of Staff and the Commissioner of Police (c) should be limited to two successive terms, after which he should be ineligible to run for President again, until a period of ten years from the end of his term, has elapsed. (d) should have no immunity from any legal action arising out of any act of commission or omission in relation to his function as President; but an action may be maintained against him in his personal capacity, entirely divorced from his official status. The main opposition party added that "the rights of citizens cannot be left to goodwill or alleged good intentions of any government. These should be firmly entrenched in the Constitution in clear and explicit language". The party has emphasised proposals on the implementation of a Bill of Rights, and freedom of the media. A © page from: Guyana: Land of Six Peoples