Related Links: | Articles on Disciplined Forces Commission |
Letters Menu | Archival Menu |
The PNCR yesterday began its defence of its recommendations for the restructuring of the Guyana Police Force, which it says has failed to adapt to the changing nature of crime fuelled by the drug trade.
Central Executive member Raphael Trotman testified before the commission set up by the National Assembly to review the operations of the Disciplined Services.
It will give priority to its investigation of the Guyana Police Force (GPF), and will submit a report of its findings and recommendations to the Assembly.
Justice of Appeal Ian Chang is chairman of the Commission, while former Attorney General Charles Ramson SC, former National Security Adviser, Brigadier (rtd) David Granger, attorney-at-law, Anil Nandlall and Irish human rights activist, Maggie Beirne are the other members.
The drug trade, Trotman told the commissioners, had also bred other crimes like kidnapping, back-tracking and money laundering.
Although there had been legislation such as the Money Laundering Act, The Ship Rider Act, and the Narcotic Drugs and Psychotropic Drugs Act, very little had been achieved.
Internally he said the only interdictions had been at the port of exit, while the trade was thriving within the borders of the country.
The PNCR has recommended that Customs Anti-Narcotics Unit (CANU) be strengthened and that with public perception integral to crime fighting is calling for the appointment of a “Drug Tzar” who would lead the fight.
Ramson asked him to consider that larger countries had also been struggling to deal with this problem, particularly since the Caribbean had recently become a transshipment point to access both Europe and North America.
“I agree with that [but] we ought to be prepared.
“Larger nations have had trouble coping, but that does not mean that this should be our perpetual excuse.”
For the greater operational efficiency of the police, the party has recommended that international best practices be examined and where possible be married with indigenous practices.
But Trotman cautioned the commission about the extent such practices should be imported and he identified developments such as new crimes which might need to be specifically addressed.
He considered that Guyana had a strong history of “good policing” which needed to be rediscovered.
“The GPF lacks guidance... [and] we are of the view that [it has], particularly in the last decade, lost its way as to its true purpose, to serve and protect.... The force needs to reinvent itself, get in touch with communities in the manner in which they do their duties.”
To create public as well as financial accountability as one of the solutions to this situation, the party has recommended having oversight bodies review the programme and operations of the forces.
The party proposes that this be put in place through the National Assembly. To lend support to his argument, Trotman used the example of the Guyana Defence Force, which in its presentation to the 1999 Constitutional Reform Committee, asked that a Parliamentary Oversight Committee be set up to oversee national security affairs.
“How do you deal with the utility of these committees in the context of public disenchantment?” the Commission’s legal advisor
Bertlyn Reynolds asked.
“I share the disenchantment but there is no other way.
“The only way that we can implement recommendations is through some form of committee or body overseeing them.
“But to lessen disenchantment, make sure the committee is properly constituted and prepared to work.”
As for the issue of ethnic balancing, Trotman said the party supported recruitment drives but was opposed to the implementation of any system that would discriminate against any ethnic groups in admission to the force.
Although Trotman affirmed the party’s opposition to the implementation of any quota system, Ramson asked him to consider Article 149 of the Constitution which provides for the recruitment of Amerindians into the disciplined services.
He then asked Trotman if the PNCR would consider a similar provision for the recruitment of a quota of Indo-Guyanese over a limited time to erase Indian insecurities.
The party in its formal submissions to the tribunal considered that the ethnic balance dilemma could be referred to the Ethnic Relations Commission for remedy.
Although Trotman said his party would not be disinclined to having this provision apply to all races, he said he was unable to answer the question but would do that at a later time after more consultation.
Meanwhile the PNCR has proposed an end to the issuance of new firearm licences and the declaration of an amnesty for the surrender of all firearms, legal and illegal, for registration, even if this requires Parliamentary action. The development of clearer criteria, including periodic reviews, to ensure the accountability and suitability of the licence holder was also recommended.
Trotman referred to figures presented to parliament by the Minister of Home Affairs as being conflicting.
In 1999 the minister said that between the period 1992 to 1998, 30,012 licences were issued. But last year he said that for the period 1990 to 2002, 11,111 licences were issued, Trotman told the commission, also noting that no account had been given for those firearms issued prior to this period.
On community policing, he said the PNCR was supportive of such participation but was concerned with the lack of legislative guidelines or structure. This had given rise to excesses like vigilante justice which benefited no one.
Chang expressed concern over giving these groups official sanctions and falsely imbuing them with public law power, particularly since in his view they were merely watchmen engaged in a self-help activity.
He also considered the administrative difficulties which would be associated with granting them police powers, such as discipline.
But considering Trotman’s concept of the these groups performing public law functions, Chang asked:
“Can you perform public duties without public law powers?”
“That is our point. Notwithstanding common law powers and rights they should be imbued with public law powers...” Trotman responded, warning, “they now feel they have... police powers. So by the time you get around to trying to curb [them] it might be too late.”
He said the answer to the problem lay in legislation that would regulate the marriage between these groups and the police who would shoulder ultimate responsibility.