Ethnic Relations Commission closer
The Oversight Committee (OSC) is putting the finishing touches to the legislation which will establish the Ethnic Relations Commission. The establishment of the Commission is one of the confidence building measures proposed by the St Lucia Statement to improve race relations in Guyana and to lessen the sense of ethnic insecurity. It is one of the items being fast tracked by the committee in accordance with the St Lucia Statement and companion agreement, the Herdmanston Accord. At its meeting last Wednesday, the OSC reviewed the draft legislation and among other things agreed that the size of the commission should be between five and 15 members; the membership would be drawn from organisations identified by the National Assembly which would in turn nominate members for appointment to the commission; and that nominees of the commissions on Human Rights, Women, Indigenous Peoples, Gender Equality and the Rights of the Child would be non-voting members. It was also agreed that the term of the commissioners would be three years but that 50% of the membership would be appointed for a period to allow for continuity of the commission's functions and operations. The period of membership of these members was referred back to the task force drafting the legislation for redrafting. Like any other constitution commission, the Ethnic Relations Commission will be independent and it will determine the pay and conditions of its functionaries subject to the approval of the National Assembly. Given the pivotal role the commission is expected to play in the elimination of discrimination based on ethnicity, it was agreed that it would recommend to the National Assembly the criteria to be used in determining whether such discrimination has taken place. It was agreed too that the commission would be empowered to recommend to the National Assembly, as it deemed appropriate, that a tribunal be set up to adjudicate claims of discrimination. Among the sanctions which such a tribunal would be able to impose where for instance a political party or any person or organisation acting on its behalf is guilty of promoting ethnic violence or divisiveness would be disbarment from contesting an election. This section is being redrafted to take account of the agreement reached by the OSC members. The OSC also agreed that the legislation should provide that the reports of the commission should be published as a matter of urgency. However, it was noted that once laid in the National Assembly, the reports of the commission would become public documents.
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