Maritime drug trafficking suppression bill passed
Stabroek News
July 26, 2003


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The Maritime Drug Trafficking (Suppression) Bill was passed in the National Assembly on Thursday, although a motion to give ‘shipriding’ powers to the Customs Anti-Narcotics Unit (CANU) was rejected.

The bill is intended to give Guyana’s vessels the right to engage in drug interdiction within regions in which treaties are signed. Recipro-cally, treaty nations, including the United States, can engage their vessels in the drug fight in Guyana’s waters. The law would permit US officers to be stationed on Guyanese vessels in the country’s territorial waters for the purpose of drug interdiction.

Minister of Home Affairs Ronald Gajraj stressed the need for co-operation amongst nations in the drug fight.

The bill covers three main areas: requests to be made by Guyana officials; requests to be made of Guyana officials and general provisions for jurisdiction.

Gajraj pointed out that the signing of a treaty with another state did not make that state a ‘treaty state’, although that signing was a prerequisite. “Certain prerequisites must be satisfied so that the bases for the requests are in place,” he noted.

He said requests could be made in a treaty state in which a suspected vessel was registered or claimed to be registered. “Guyana can deal with a vessel if that vessel is found in Guyana’s waters.” For this, he said, the vessel’s name, port of registry, registration or official number and the grounds for suspicion must be communicated to the authorities.

After permission to board is obtained, lawmen are required by the bill to be careful not to endanger persons or cargo aboard the ship and they must observe the norms of courtesy and respect. If any illegal substance is found on board the ship, the crew can be detained pending the direction from the treaty state. The bill also provides for officers to be armed while going aboard vessels, although there are conditions set out for firearm use.

The law provides for members of the Guyana Police Force and the Guyana Defence Force, but not for CANU. PNCR MP Debra Backer sought through a motion to amend Clause 2 (a) of the bill to include CANU as one of the agencies covered by the bill.

That motion was rejected by the PPP/C. Gajraj stated that at the appropriate time, CANU would be considered as being directed by the legislation. The PNCR, however, referred to the 1999 legislation passed in the National Assembly to give CANU powers enshrined in law.

Meanwhile, Gajraj suggested that as the Caricom Single Market and Economy (CSME) drew closer, there would be an increase in trade and shipping with the prospects of increased narcotic activity.

He said that there had been a number of drug interdictions over the years, notably the MV Danielsen, MV New Charm and the tanker, Athelbrook. But these did not reflect the full complement of suspected drug ships, he stated. “We have seen the drug trade like a cancer [which is] spreading beyond the region. It poses a great threat to public safety and national security [and] we must urgently take the requisite action to curtail its growth.” He said that international drug trafficking was highly organised and in some cases centrally located, noting too that persons hired the best experts money could buy and used the most sophisticated equipment.

PNCR MP Raphael Trotman said his party was disappointed that a compelling case had not been made by Gajraj for the bill. He added that the bill did not contain the treaty signed by the Guyana and US authorities in April 2001.

Trotman said the debate as to the sovereignty of any country was of great concern to that party. “We have come to realise that some states are treated differently than others...We need to know to what extent the drug trade affects the society, that a bill of this nature is required.” He said these agreements must be made on the basis of parity and mutual respect.

“We should have the right to protect ourselves by asking that vessels bound to Guyana be searched.”

In rebuttal, Minister of Legal Affairs and Attorney-General Doodnauth Singh stated that the bill extended the reach of the territorial laws concerning maritime drug trafficking and was in keeping with international conventions.

Backer said there should have been more consultation. “You have been less than frank with the people of Guyana on the issue,” she charged.

She outlined that the agreement was entered into with the US, but the ships coming to Guyana were mostly registered in Antigua, Greece, Liberia or Panama, although they might be owned by resident US companies. She also questioned the ability of Guyana’s patrol ships to travel to US waters.

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