Since their last encounter in September, there has been no meeting between President Bharrat Jagdeo and leader of the Opposition PNCR, Robert Corbin. Instead there has been an exchange of letters, which could lead to some movement in getting the constitutional service commissions established. The exchange of letters also sought to establish what progress has and has not been made in the implementation of the decisions of the constructive engagement process.
In addition to the exchange of correspondence between the two leaders, the Chronicle on Sunday December 7 and 8, published a table of what has taken place so far and a viewpoint by Information Liaison to the President Robert Persaud that sought to associate the PNCR's stance on the constructive engagement with the recent resurgence of criminal activity on the lower East Coast Demerara. The PNCR has responded with an advertisement in the Sunday papers blaming government's inaction for the resurgence of criminal activity and calling for a national discourse on the issue.
With regard to the establishment of the service commissions, the National Assembly after some considerable delay has submitted the names of those persons the constitutions requires it to nominate to the Public Service, Police and Judicial Service Commissions.
President Jagdeo at a press conference on Friday indicated that he hopes to have the issue of the establishment of the commissions settled by the end of the year as well as the appointment of a new Police Commissioner by the end of the year. Leader of the Opposition, Robert Corbin has indicated his preparedness for consultations on these matters. However, Current Affairs is yet to ascertain if the article 232(1) is being complied or if the leaders see their discussions during the constructive engagement process as being sufficient to satisfy the requires of the constitutional provisions on meaningful consultation.
In their continuing efforts to convince civil society of their good faith effort, both sides have met separately with the Guyana Manufacturers' Association.
At its meeting with the GMA, the PPP/C adverted the association's attention to the PNCR's recent statements on the GECOM database which is another controversy in the making, giving their interpretation of the technical recommendations provided by the various experts that have looked at the issue.
At its meeting the PNCR pressed the issue of the need for a national discourse on shared governance and elsewhere in this issue Corbin has expressed the hope that it would on the front burner for discussion in the New Year.
Meanwhile there has been some progress in the upgrading of the facilities at the Public Buildings for the parliamentarians. At the last sitting of the National Assembly, the Speaker, Ralph Ramkarran SC announced the establishment of a research unit. However, Current Affairs understands that until a head of the unit has been appointed parliamentarians will have to approach the Clerk of the National Assembly to request the assistance of the unit. The unit is also not available outside of the normal working hours of the Parliament Office.
Current Affairs understands too that a project document detailing all the work for upgrading the facilities of the National Assembly is being discussed with the donor community and that copies of the document are to be made available to members of the Parliamentary Committee when it meets today.
Detailed below is the stage at which the implementation of the various decisions is gleaned from its inquiries and statements by the government and the PNCR as at December 14, 2003.
1.Parliamentary And Constitutional Reform:
1.1 Strengthening the Capacity of the Parliament Office.
The President and the Leader of the Opposition agreed that:
* Increased budgetary resources would be required in a timely manner, in 2003, to meet the operational and other needs of the National Assembly and ensure its smooth functioning.
* As a matter of priority, the Parliamentary Management Committee will undertake the ongoing review of the capacity of the Parliament Office to discharge its functional responsibilities to the National Assembly.
The Parliamentary Management Community is to review the project document outlining the work to be carried out when it meets on December 17.
1.2.1 Increasing the Administrative Capacity of the Parliament Office:
With the removal of the Public Utilities Commission, work has started on renovating that part of the building it occupied to accommodate the needs of the Parliament Office and improving the facilities for the parliamentarians.
1.2.2.The Provision of Research and Documentation Support for the Work of the
Committees:
IT Requirements:
Work has started on determining the equipment and other needs for the Parliament Office.
Documentation and Information Services:
The Needs Assessment Consultant will identify the technical needs for the establishment of modern Documentation and Information services.
Documentation and Information Staff:
Recruitment has been initiated.
Professional Research Staff:
A research unit has been established. The Head of the Unit has not yet been appointed. Parliamentarians must channel their request for assistance from the unit through the Clerk of the National Assembly, pending the appointment of the head of the unit.
1.2.3. Remuneration for MPs and Administrative and Logistical Support for
Regional MPs:
The Leader of the Opposition requested that the likely impact of the proposals made should be examined before a final decision could be made on a suitable package.
They are yet to make a decision on this issue. The position remains the same. There has
been no further progress on this issue since last month.
1.2.4. Physical Facilities Within the Public Building:
The President and the Leader of the Opposition agreed the need to enhance the physical facilities at the Public Building to support the work of the Committees and the National Assembly as a whole.
The Parliamentary Management Committee has agreed plans for the physical modification/renovation of the Public Building for submission to the Office of the President.
With the removal of the PUC work has started on the modification of the building for the needs of the staff and Committees of the National Assembly and on the installation of Information Technology and Communication (ITC) capacity. This installation should have been completed by the end of the Recess in October.
1.3. The Appointment of the Constitutional Commissions:
1.3.1. Establishment of the Ethnic Relations Commission:
The Indigenous People's Commission, the Women and Gender Equality Commission, the Commission for the Rights of the Child and the Human Rights Commission are still to be established. As a result, their nominees to sit on the Ethnic Relations Commission have not been appointed.
However, the Commission continues to meet without the appointed members and has
completed drafting its work programme and budget.
These four members are not entitled to vote on matters before the Commission. The Chairman and Deputy Chairman are respectively, Bishop Juan Edghill and Norman Mc Lean.
The Bidco building at the corner of Peter Rose and Anira Streets has been earmarked
for the location of the Commission. The Office of the President is to expedite the early
repairs/modification of the building.
Other action that still remain to be taken for the full operationalisation of the
Commission are:
The early appointment of:
(a) The Tribunal for the Ethnic Relations Commission, and
(b) The Chief Executive Officer and staff of the Secretariat for the Commission. The Parliament Office continues to provide secretarial services for the Commission.
1.3.2. The Appointment of the Public Procurement Commission:
There has been no movement in breaking deadlock at the level of the Public Accounts Committee on this issue. The sticking point is the criteria to be used to evaluate the candidacy of the ten nominees submitted by the PPP/C and the PNCR. Each party submitted the names and Curricula vitae of five persons to the PAC for it to evaluate and select five suitably aalified persons to recommend to the National Assembly for appointment by the President.
The Constitution requires the persons to be appointed to have "expertise and experience in procurement, legal, financial and administrative matters".
Other actions required for the implementation of this decision are the Appointment of a Chief Executive Officer and staff for the Secretariat of the Commission.
1.3.3. Appointment of the Chairperson for the Human Rights Commission:
The Leader of the Opposition has begun the consultations to prepare a list of six eligible persons not unacceptable to the President from which to appoint the chairman for this Commission.
The Constitution requires the person to be appointed as chairman of this Commission to be a person who has been a judge of a court of unlimited jurisdiction or is qualified to be appointed a judge of such a court or any other fit person with expertise or experience in human rights matters
1.3.4 The Appointment of the Commissions for Women and Gender Equity,
Indigenous Peoples and the Rights of the Child:
The Appointive Committee has already begun implementing the constitutionally mandated consultative process for the appointment of the members of these
Commissions.
1.3.5 Appointment of the Members of the Constitutional Service Commissions:
The National Assembly has approved names the Appointive Committee has Recommended for submission to the President for appointment to the Public Service Commission. The way is now cleared for the establishment of the Public Service
Commission, the chairman of which sits on the Judicial Service Commission and the Police Service Commission. The National Assembly has already informed the President of its nominees for these commissions.
One issue that has to resolved is whether or not the President and Corbin will agree that their parties would return to the National Assembly to correct the drafting error made in the legislation that amended article 210(1)(d). Another, which Current Affairs
understand is dependent on the decision reached on the first issue, whether the legislation to amend articles 207(2)C)and 210(1)(d)to provide for the Leader of the Opposition to name one of the three members to be appointed by the President to the Teaching Service Commission and the Police Service Commission.
Based on remarks by Corbin at a press conference he hosted this month, it Would appear that the Police Service Commission will have to established in accordance with the provisions of article 210 as it now reads.
With regard to Teaching Service Commission, Current Affairs understands that the Minister of Local Government has completed the necessary consultations and those by the President have not been completed.
The President is now required to consult with the Leader of the Opposition on the appointment of three members as article 207(2)(c) provides.
1.3.6. Remuneration of members of the Constitutional Commissions:
It was agreed that the levels of remuneration for Commissioners for the Constitutional Rights Commissions including the Ethnic Relations Commission would be similar to those for members of the Constitutional Service Commissions.
The pay of the Chairman of the Public Service Commission at December 31, 2001 was $136 889 a month, telephone allowance $50 per month and a travelling allowance of $9,500 a month. The Deputy Chairman was paid $68,500 a month, telephone allowance of $50 and a travelling allowance of $6,336 a month. The other members of the Commission were paid a stipend of $38,500 a month plus a telephone allowance of $50 a month and a travelling allowance of $6,336a month.
No decision has been taken as yet.
1.3.7. The Public Procurement Act 2003:
The teams appointed by the President and the Leader of the Opposition Continue to meet. They have sought legal opinion on some ambiguities in the legislation.
2. Implementation of the Decisions of the Bipartisan Committees:
2.1. National Policy on Land and House lots Distribution:
The PNCR will soon submit its assessment of the State Paper the Minister of Housing and Water laid in the National Assembly. The PNCR has not yet done so.
2.2. Local Government Reform:
The Joint Committee resumed its work on September 22. Current Affairs understands that it has reached broad understandings on the Electoral and Fiscal Allocation systems it will recommend. However, there are some details of the two systems that are being referred to President Jagdeo and Corbin for their decision.
The legal draftsman whose services are being made available through funding from the National Democratic Institute, has begun the task to translate the committee's recommendations into legislative form.
This committee is scheduled to meet today (December 17) to continue its discussion on the issues of the annual fiscal transfer arrangements and the electoral system to be used at future local government elections.
2.3 Depressed Communities Needs:
The President and the Leader of the Opposition have agreed the projects to be implemented in Regions 6 and 10.
Region 10.
The identified projects in Region 10 have begun but there is some dissatisfaction with some of the work being done. The Regional Chairman is addressing the concerns about the quality of the work. There is also some concern about the rate at which the funds allocated for the projects are being made available.
Region 6
The Regional Administration for Region 6 is yet to be informed of the Projects identified for implementation. Philomena Sahoye-Shury, one of the Co-chairs of the Committee has told Current Affairs that she is yet to be informed of the identified projects.
2.4 Radio Monopoly and Non Partisan Boards:
* The consultations have begun to ensure that the State Media Boards are reconstituted by 2003 October 31, in accordance with the recommendation of the Joint Broadcast Committee. The recommendation requires the boards of GTV, GBC and the Guyana National Newspapers Limited to each comprise one representative each from the Consumers' Association, the University of Guyana and the workers of the particular entity; no less than three but no more than four members nominated by the President; no less than two but no more then three members nominated by the Leader of the Opposition after consulting with the other opposition parliamentary parties. The General Managers of the three entities will each be an ex officio member of the board for their organisation.
With the intended merger of the GBC and GTV a decision will have to be made about representation on the board of the merged entity.
* The representatives of the President and the Leader of the Opposition has had one meeting to discuss the PNCR concerns about the draft bill. They were unable to arrive at a consensus and agreed to meet again. This meeting is yet to be convened.
* The representatives of the President and the Leader of the Opposition are still discussing their proposals for giving effect to the commitment for Equitable Access by Political Parties (as distinct from Government) to the State Media.
Robert Persaud, Information Liaison to the President has said that the delay is due to the PNCR's failure to respond to the document the President's team presented.
The PNCR has informed Current Affairs that it was required to provide a document, which merged the positions of the two sides. It said that it had done about 5-6 weeks ago and had passed it to Dr Henry Jeffrey who was to consult his colleagues about it. Current Affairs has been unable to verify this statement with Dr Jeffrey.
2.5 Border and National Security Issues including the Recapitalisation of the GDF:
The Minister of Foreign Affairs tabled an edited version of the Joint Committee's Report in the National Assembly, on July 5, 2003. The President and the Leader of the Opposition have agreed that the Government will implement the recommendations accepted by the National Assembly and the Foreign Relations Sector Committee would monitor Government's implementation.
2.6 `Establishment of the Committee to Prepare a Comprehensive Development Programme for Region #10:
The final Report of the Government's projects and programmes being executed in Region 10 was submitted by Friday 2003 September 19.
The President and the Leader of the Opposition have established a Joint Team to examine the document to determine whether it represents a comprehensive Development Programme for Region 10. There has been no movement on the issue.
3. Appointment of PPP/C and PNCR Nominees to State Boards, Commissions and Committees:
It was agreed that the PPP/C and the PNCR would have representatives on 152 Boards, Committees and Commissions including the ten regional land selection committees, the 32 local Boards of Guardians, the National Drainage and Irrigation Boards and the various regional D&I committees. These nominations are being made.
4. Appointment of the Disciplined Forces Commission:
The Disciplined Forces Commission submitted its interim report on the Guyana Police Force on December 1, 2003. The report was tabled at the last sitting of the National Assembly. It has resumed its public hearings and has heard testimony from representatives of the Guyana Defence Force. The commission has a six month-time frame within which to complete its work.
5. Agreements for the Electricity Sector:
The Government of Guyana will verify whether the agreements were all tabled in the National Assembly.
6. Establishment of Office of the Leader of the Opposition:
The modalities for the establishment of the Office of the Leader have been determined.
7. Dissolution of the Linden Town Council and Appointment of an Interim Management Committee:
The Linden Town Council has been dissolved in accordance with the Municipal and District Councils Act following the report of the enquiry set up by the Minister. An Interim Management Committee has been appointed and has commenced its work.
8. Meeting to Discuss Outstanding Agenda Items:
The President and the Leader of the Opposition have yet to meet as they agreed they would in their statement issued after the September 15 meeting.
The matters they agreed to consider are the De-Politicisation of the Public Service, Legislation on Crossing the Floor, Legislation establishing a Permanent Elections Commission and the PPP/C's Paper on "Inclusive Governance".