While there has been no meeting in the constructive engagement process since their last meeting in September, the Leader of the Opposition Robert Corbin has, however, made himself available to be consulted by President Bharrat Jagdeo as required by the constitution. These consultations have made possible the constitution of the Teaching Service and Judicial Service Commissions, whose members were sworn in recently.
With regard to the constructive engagement process, the recently held general council meeting of the PNCR authorised its central executive committee to review the state of play. The continuation of the talks hinges on the government's response to calls by the PNCR for an independent inquiry into the allegation swirling around Minister of Home Affairs, Ronald Gajraj about his involvement with a phantom gang. The party is also calling on Gajraj to step down. The government's position so far is that a formal statement must be made to the Police before any investigation can be initiated. It also holds the Police as the only constitutionally mandated institution to conduct a criminal investigation.
Corbin at the PNCR's weekly press briefing on Thursday described the state of the constructive engagement process as precarious. The government does not subscribe to Corbin's view of the state of the process and points to the establishment of the various committees as indicative of progress being made.
As part of its campaign for Gajraj's resignation and an independent inquiry into the allegations, the PNCR has been boycotting events at which Gajraj participates, and its representatives were absent at Monday's swearing-in ceremony of Commissioner of Police Winston Felix. The party is also likely to boycott Thursday's Special Sitting of the National Assembly to be addressed by President Hugo Chavez if Gajraj is present. At the time of writing there is no final decision about the inclusion of the address to the National Assembly on President Chavez's itinerary. The PNCR has continued to boycott the work of the Select Committee reviewing the list of public holidays with a view to including May 26 (Indepen-dence Day) and May 5 (Indian Arrival Day) as public holidays without increasing their numbers. Gajraj chairs this committee.
There is also the issue of the letter authorising a weapon upgrade for Axel Williams, while he was the focus of investigation into the death of Rodwell Ogle whom he shot and killed some ten months before. The letter authorising the upgrade bears the signature of Commissioner of Police (ag) Floyd McDonald. Mc Donald refused to comment on the letter when the media approached him.
Ronald Gajraj
At his weekly post-Cabinet briefing on Thursday, Cabinet Secretary Dr Roger Luncheon said that notwithstanding that McDonald signed the letter the Police should still be given the opportunity that it could discharge its constitutional obligation in a professional manner. His comments were in reaction to a statement by Corbin at his party's weekly press conference in which he gave the reasons why he has refused to respond to a request from McDonald asking to be provided with any information/intelligence which Corbin has about the phantom gang.
Other developments include the meeting convened by President Jagdeo of the donor community, the Guyana Elec-tions Commission, PPP and PNCR to identify the interventions necessary to ensure that local government elections are held this year.
There have been no reported briefings of the stakeholders grouping or any meeting of the high representatives who are required to periodically review the progress of the implementation of the decisions with a view to identifying and eliminating bottlenecks.
The Commonwealth Secretariat continues to monitor the progress or lack of progress of the constructive engagement process and is considering how it will continue to do so.
Meanwhile not much work has been done to continue the upgrading of the facilities at the Public Buildings for the parliamentarians. Four of the seven identified research positions have been filled but a substantive head of the research section has not yet been appointed.
Two Internet-ready computers are available for the parliamentarians' use but the services of officers of the unit and access to the computers are not available outside the normal working hours of the Parliament Office.
In its continuing effort to provide its readers with an up to date account of the stage of implementation of the various decisions Current Affairs continues to track their implementation based on information gleaned from its own inquiries, and the various statements issued by the Office of the President and the PNCR. Below is the state of implementation based on information available at February 16, 2004.
1. Parliamentary And Constitutional Reform:
1.1 Strengthening the Capacity of the Parliament Office.
The Parliamentary Management Committee is in the process of reviewing the capacity of the Parliament Office to discharge its functional responsibilities to the National Assembly. It is also to consult the parliamentarians about their needs and how these can be accommodated.
1.2.1 Increasing the Administrative Capacity of the
Parliament Office:
The work to renovate the eastern wing of the Public Building that the Public Utilities Commission has vacated. Work has halted as a result of funds required this year that are yet to be released.
1.2.2. The Provision of Research and Documentation Support for the Work of the Committees:
IT Requirements:
The IT requirements have been determined and the supply of the equipment is still being awaited.
Documentation and Information Services:
The Needs Assessment Consultant has completed the identification of the technical needs for the establishment of modern documentation and information service.
Documentation and Information Staff:
Recruitment has been initiated and is continuing.
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:
Current Affairs understands that there is an agreement to pay an additional $20000 to the parliamentarians who are members of the various parliamentary committees. The payment awaits the passage of the budget.
1.2.4. Physical Facilities Within the Public Building:
The President and the Leader of the Opposition agreed on 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. It has submitted plans for the physical modification/renovation of the Public Building 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 parliamentary recess last October.
1.3. The Appointment of the Constitutional Commissions:
1.3.1. Establishment of the Ethnic Relations Commission:
The Ethnic Relations Commission has begun working even though the members from the Indigenous People's Commission, the Women and Gender Equa-lity Commission, the Commission for the Rights of the Child and the Human Rights Commission has not yet been named. These commissions are still to be established.
The commission will begin holding public hearings next month into the complaint made by the Indian Arrival Committee about the book authored by Dr Kean Gibson. It has begun consideration of a complaint lodged against the Regional Administration of Region Seven (Mazaruni/Cuyuni) by a public servant who has complained of discrimination which has resulted in her being transferred.
The commission has also employed some staff who are stationed at the Bidco building in Queenstown which is being renovated for use by the Constitutional commissions. It has already began holding its meeting at the Bidco building including meetings with the interest groups represented on the commission.
Other actions 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:
As a result of the deadlock on the Public Accounts Commission on the criteria for evaluating the persons submitted by the parties for appointment to the Public Procurement Commission, the high representatives have devise a formula for appointing the commission members for the consideration of the President and Corbin.
The committee has before it the names and resumes of ten persons submitted by the PPP/C and the PNCR, who they deem as suitably qualified for appointment to the commission.
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 full 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. Last week a meeting of the Toshaos elected Yvonne Pearson of Mainstay/Whyaka (Region 2), Lawrence Anselmo of Purima (Region 7) and Eugene Isaacs of Toka (Region 9) as their nominees for appointment to the Indigenous Peoples Commission.
1.3.5 Appointment of the Members of the Constitutional Service Commissions:
The members of the Public Service Commission have been sworn in. It is chaired by former Minister of the Public Service George Fung-On. The other members are John Worrell, deputy chairman, Leslie Melville, Dr Kissoon, David Yhann and Harrynarine Nawbatt.
The Police Service Commission has been sworn in. They been consulted about the appointment of a new Commissioner of Police and are looking at the promotions list for the senior officers of the Force.
The members of the commission are retired Deputy Commissioner of Police, Ivan Crandon (chairman), retired Deputy Commissioner of Police Henry Chester and retired Assistant Commissioners of Police Duncan Clarke and Harold Martin.
The Teaching Service Commission has been appointed and Richard Mangar is the chairman and Mohamed Khan the deputy chairman. The other members are Olga Britton, Leila Ramson, Herbert Abraham and George Cave.
The members of the Judicial Service Commission were sworn in earlier this Month. They are Chancellor of the Judiciary, Desiree Bernard, Chief Justice Carl Singh, chairman of the Public Service Commission, George Fung-On, retired Justice of Appeal, Prem Persaud and Brynmore Pollard SC.
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 and 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 $6,336 a 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 has not yet submitted its assessment of the State Paper the Minister of Housing and Water laid in the National Assembly.
2.2.Local Government Reform:
The Joint Committee has finalised its report. Last week the meeting convened by the Office of the President which the donor community, GECOM, the PPP/C and the PNCR attended to determine the interventions need to facilitate the holding of local government elections this year. Another meeting is to be convened in two weeks. The President is reported to have indicated his willingness to provide technical assistance to the committee to finalise its recommendations on the electoral system and the system for making annual fiscal transfers from the central government to the local government bodies.
The National Democratic Institute has made available the services of Prof Keith Massiah as legal draftsman to the committee. He will translate its recommendations into legislative form.
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 progressed satisfactorily. The project at Victory Valley was scheduled for completion at the end of last month.
The project at Blueberry Hill has been completed.
Region 6
The Regional Administration for Region 6 has placed for advertisements for the supply of two pumps to be used for the projects identified for Hoggstye/Lancaster and Fyrish/Gibraltar. The residents of the areas are being consulted about the locations where the pumps should be sited.
2.4 Radio Monopoly and Non Partisan Boards:
*The government has announced the merger of the GTV and GBC which should take effect shortly. It is anticipated that the board of the new entity will be constituted in accordance with the recommendation of the Broadcast Committee. The committee's recommendation requires the boards of the state Media organisation 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 state media entities will ex officio members of the boards for their organisations.
*The representatives of the President and the Leader of the Opposition are still discussing the PNCR concerns about the draft legislation.
*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. They have had one meeting since their exchange of letters in the media as to where the blame lies for their not meeting with the regularity required.
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 appointments are been being made.
4.Appointment of the Disciplined Forces Commission:
The Disciplined Forces Commission is in the process of compiling its final report.
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 of the 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 not yet met as theyagreed they would do 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".