The constructive engagement process has ground to standstill. At his press briefing on March 11, 2004 the Head of the Presidential Secretariat and Cabinet secretary, Dr Roger Luncheon accused the PNCR of using selective delaying tactics to frustrate the constructive engagement process. "As was previously stated the various areas of activity under the constructive engagement have been selectively targeted by the PNCR but that the areas where progress was irreversible continue to benefit from their participation."
He said that though the PNCR was participating in the work parliamentary sessional committees such as the four sectoral committees and the Parliamentary Management Committee and the Public Accounts Committee in "other parliamentary fora {its participation] is less principled."
Also discouraging Dr Luncheon said, is the PNCR's participation "in other aspects of the constructive engagement. He said that there has been no meeting of the high representatives nor the leaders and that the Leader of the Opposition is yet to make himself available for consultations on the reconstitution of the Integrity Commission. Though the government considers this commission important it has never been properly staff to undertake the work it is mandated to do. Its secretariat is presently staffed by three persons, a secretary/accountant, a clerical officer and a messenger.
Dr Luncheon notes, however, that the joint task force continues to work in an effort to have local government elections held this year.
On the other hand, the PNCR at its weekly press conference held also on March 11, averred that it would not be deflected from its insistence on timely implementation of the decisions taken in the constructive engagement process. It also accuse the government of using the state media to portray a false impression of the progress of the constructive engagement process. It said too that there could not be business as usual while the goverrnment continues to ignore the allegations made about the involvement of the Minister of Home Affair's involvement with a phantom gang, which has been responsible for a number of unexplained killings over the past six or more months.
Robert Corbin
It is said that it has failed to act responsibly "and with integrity, despite public exposure of the facts. The response of the regime to the recent allegations and revelations of the existence of death squads and the involvement of Gajraj, must therefore be viewed in the wider context of the refusal of Jagdeo to uphold the rule of law in Guyana. Jagdeo believes that, like the above examples this recent scandal will blow over with time."
As a result of its stance the PNCR has not been participating in the work of the parliamentary bodies on which Gajraj does not sit and boycotting those for a like the select committee tasked with reviewing the public holidays with a view tro including Indian Arrival Day (May 5) and Independence Day (May 26) as public holidays, which Gajraj chairs. Nor has it been participating in any activity in which Gajraj participates in his ministerial capacity such as the swearing in of Winston Felix as Commissioner of Police last month..
As part of the campaign in support of the call for Gajraj's resignation and the establishment of an credible independent inquiry into the allegations against him, the PNCR in association with a number of other organisations which has taken a similar stance on the issue, has stepped up its picketing exercise and on Saturday plans a Rule of Law march. The march will start from different parts of the city and converge at the Square of the Revolution. Current Affairs has not been able to ascertain whether its stance will prevent it from participating the budget debates which should take place later this month.
Other development was the signing of a memorandum of understanding by the Speaker of the National Assembly and the UNDP Resident Representative under which it will provide computer and software capability as well as refurbish space within the Parliament Office to house a special department that will assist the parliamentary committees in their functions.
While the high representatives have not briefed the stakeholders grouping, the members of the grouping held a meeting last week at the UNDP office. No statement has been issued from that meeting. The group met in December and the statement issued after the meeting regret that in areas such as the Broadcasting Bill, Equitable Access to the State Media, and the Depressed Communities "progress has been slow and difficult, and substantial slippage has occurred with regard to agreed timelines" The statement said that the grouping was to have requested revised timelines but Current Affairs has been unable to ascertain if this had been done. It also noted the procedural weaknesses which affect the timely production of agreed records of negotiation such as those of the Appointive Committee. The statement also observed, "The Leaders need to quickly and unambiguously reaffirm their willingness to subordinate constituent interests to national interests."
There has been no follow-up to the meeting convened last month by President Bharrat Jagdeo of the donor community, the Guyana Elections Commission, PPP and PNCR to identify the interventions necessary to ensure that local government elections are held this year. It was decided that the follow-up meeting would have been held in two weeks' time of the first meeting. However, Current Affairs has learnt that the joint task force has completed the terms of reference for the electoral expert and the task force on fiscal allocations that President Jagdeo expressed willingness to make available to it. It is also in the process of finalising its report.
The Commonwealth Secretariat continues to monitor the progress or lack of progress of the constructive engagement and is considering how it will continue to do so. A representative of the Secretariat visited Guyana for talks with President Jagdeo and Corbin. Meanwhile it has not maintained a presence here since December after Chuks Ihikebaya left on vacation.
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 March 17, 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 vacated continue to be halted as a result of the unavailability of the required funding until passage of the budget.
1.2.2.The Provision of Research and Documentation Support for the Work of the Committees:
IT Requirements:
The Speaker of the National Assembly on March 10 signed a US$25000 Memorandum of Agreement with the UNDP for the supply of computers and software capability as well as for the renovation of space with the Parliament Office to house a special department that will assist the Parliamentary committees in their functions.
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 is continuing. However, the level of remuneration being offered is a disincentive to persons with the required qualification and experience.
Professional Research Staff:
A research unit has been established. The Head of the Unit has not yet been appointed. Parliamentarians must continue to 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 Head of the Presidential Secretariat has announced that orders authorising a $20000 allowance for parliamentarians who are members of Committees and a $15000 allowances for the regional parliamentarians were laid in the National Assembly on Monday.
1.2.4.Physical Facilities Within the Public Building:
The President and the Leader of the Opposition agreed to 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. This work should have been completed by the end of the parliamentary recess last October.
1.3.The Appointment of the Constitutional Commis-sions:
1.3.1.Establishment of the Ethnic Relations Commis-sion:
The Ethnic Relations Commission has begun working even though the members from the Indigenous People's Commis-sion, the Women and Gender Equality Commission, the Commission for the Rights of the Child and the Human Rights Commission have not yet been named. These commissions are still to be established.
The commission has rescheduled the public hearings later this month on the complaint made by the Indian Arrival Committee about the book written by Dr Kean Gibson to next month.
It has begun consideration of the 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 unjustifiably.
The commission has also employed some staff and is now housed at the Bidco Building, Peter Rose and Anira Street, Queenstown which has been renovated for use by the constitutional commissions. It is has so far held meetings with representatives of the Christian, Moslem, Youth, Women, Labour and the Private Sector all of which have representation 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:
Because there has been no meeting between President Jagdeo and Corbin nor of the high representatives the deadlock on the criteria for evaluating the persons submitted by the parties for appointment to the Public Procurement Commission remains unresolved.
The Public Accounts 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 five-member 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.
The legislation setting up the tribunal for this commission was laid in The National Assembly on Monday.
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. He is experiencing difficulty in persuading the persons with the required qualification to be considered for appointment.
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 month 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 Public Service Commission continues to meet and is in the process
of regularizing the appointments made before it was constituted. Its
Members are former Public Service George Fung-On (chairman), John Worrell, (deputy chairman), Leslie Melville, Dr Kissoon, David Yhann and Harrynarine Nawbatt.
The Police Service Commission has been sworn in. It was consulted on the appointment of Winston Felix as the new Commissioner of Police and have approved a number of promotions including that of four Assistant
Commissioners to Deputy Commissioners of Police.
The members of the commission are retired Deputy Commissioners of Police, Ivan Crandon (chairman) and Henry Chester and retired Assistant Commissioners of Police Duncan Clarke and Harold Martin.
The Teaching Service Commission has been meeting and has issued a list for Applications to fill over a 1000 vacancies for senior appointments at the Nursery, primary and secondary levels of the education system.
The members of the committee are Richard Mangar(chairman), Mohamed Khan (deputy chairman), Olga Britton, Leila Ramson, Herbert Abraham and George Cave.
The members of the Judicial Service Commission have been sworn in and
Have been meeting. They have confirmed Juliet Holder-Allen as Chief
Magistrate and are looking at a number of other appointments in the
Magistracy and the Judiciary.
As a result of the amendment to the constitution the commission is now
Responsible for the appointment of the Director of Public Prosecutions.
The members of the committee are the 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 Bryn Pollard SC.
1.3.6.Remuneration of members of the Constitutional Commissions:
An order providing for the Commissioners for the Constitutional Rights
Commissions and the Ethnic Relations was laid in the National Assembly
on Monday. The pay of the Chairman of the Public Service Commission at
December 31, 2001 was $136 889 a month, telephone allowance of $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. They have not held any meeting recently.
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. It has also completed the terms of reference for the electoral expert and the task force on fiscal transfers the President has indicated his willingness to put at its disposal. The President made the offer at a meeting the Office of the President convened and which the donor community, GECOM, the PPP/C
and the PNCR attended to determine the interventions needed to facilitate the holding of local government elections this year. The follow-up to this meeting which should bave been convened within a fortnight has not yet been convened.
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 is scheduled for completion by the end of the month.
The project at Blueberry Hill has been completed save for some minor work still in progress 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 deadline for submission of bids is next week.
2.4 Radio Monopoly and Non Partisan Boards:
The merger of the GTV and GBC took effect from March 1 to form the
National Communication Network. A board for the new entity has not yet been constituted. 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 who are discussing the PNCR concerns about the draft broadcast legislation have . not met for some time.
The representatives of the President and the Leader of the Opposition who were appointed to discuss their proposals for giving effect to the
commitment for Equitable Access by Political Parties (as distinct from
Government) to the State Media have had no other meeting other than the one they had before 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 still 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 Commission is working on finalising its report having completed its public hearings. Its members are Justice Ian Chang (chairman) Dr Harold Lutchman who was appointed to rep[lace Irish human rights activist Maggie Beirne resigned after the Commission submitted its interim report in December, Charles Ramson SC, attorney-at-law Anand Nandalall and retired Brigadier David Granger.
It should be noted that the PPP has given notice that it would not be
automatically by the Commission's final report because of Dr
Lutchman's appointment. The PPP's objection is that he gave evidence through the Trades Union Congress and is the adviser to the TUC. In a statement issued last month it said the report "can be tainted by partisan considerations."
eanwhile the Commission is windup its public hearings.
5.Agreements for the Electricity Sector:
The Government of Guyana has tabled all the various agreement 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 Interim Management Committee for the Linden municipality is continuing its Work of managing the affairs of the township.
8.Meeting to Discuss Outstanding Agenda Items:
No date has been scheduled for the meeting at which President Jagdeo and Corbin agreed to consider the de-Politicisation of the Public
Service, legislation on Crossing the Floor and to establish a Permanent Elections Commission and the PPP/C's Paper on "Inclusive Governance".