Constructive engagement ended, no reaction yet from Jagdeo
Stabroek News
April 22, 2004

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President Bharrat Jagdeo is yet to react to the disengagement of the Leader of the Opposition Robert Corbin from the constructive engagement process they entered into about a year ago.

Corbin announced his party's withdrawal from the process in a broadcast to the nation on March 24, but indicated his intention to discharge his constitutional obligation to be available for consultations mandated by the constitution.

Despite his withdrawal from the process Corbin has stated that he expected those decisions that were taken to be implemented.

Among the decisions taken that are at various stages of implementation are the projects for the depressed communities for Region 6 (East Berbice/Corentyne); the team to review the projects being implemented in the Linden Communit; the upgrading of the Parliament Office to enhance its capacity to service the National Assembly and the various parliamentary committees and the activation of the parliamentary committee on constitution reform. Also, the joint task force on local government reform is yet to submit its recommendations including those on the electoral system to be used when next the local government elections are held.

In his March 24 broadcast Corbin explained that even before his announcement the pronouncements of the President and other government officials had signalled the end of the engagement.

Corbin's withdrawal announcement followed the refusal of the Speaker of the National Assembly to allow a debate on a PNCR motion calling for the establishment of an independent enquiry into allegations that Home affairs Minister Ronald Gajraj was involved in the operation of a death squad.

Corbin's announcement was not unexpected since there had been no meetings to discuss any of the subjects he and President Bharrat Jagdeo had agreed to discuss since September 15. Also, he had signalled earlier that the future of the engagement depended on the government's response to the calls by his party and other civic society organizations for an independent enquiry into allegations against Gajraj.

The end of the engagement was long considered inevitable by observers of the process who believe that the PPP/C and PNCR cannot engage in discussions because of the history of distrust and suspicion between them.

Like its precursor, the Jagdeo/Hoyte dialogue process, the constructive engagement ended because of the PNCR complaint about the non-implementation of decisions or the sloth with which some decisions were being implemented.

In ending the talks Corbin suggested that future discussions should now include not only the other parliamentary parties but civil society organisations as well.

The smaller opposition parties have welcomed the proposal as they had advised against the PNCR entering the talks alone with the PPP/C. The Social Partner grouping which had tried unsuccessfully to get the Hoyte/Jagdeo dialogue process back on track and for elbow space at the table for civil society have also expressed interest in it though none had so far taken the initiative to have the proposal realised. The Council of Churches has expressed interest in the proposal and announced its availability for participation in the discussions.

While President Jagdeo has not reacted, at least publicly to Corbin's proposal, PPP General Secretary Donald Ramotar has indicated that whatever mechanism is in place for dialogue it is still important that the PPP and PNCR as the two major parties should have a good relationship.

As result of its withdrawal from the constructive engagement process and in the face of the government's insistence that any inquiry into the allegations against Gajraj should be conducted by the Police, the PNCR has refused to take part in the budget debate and has continued its protest action in support of its call for an independent inquiry. It is also holding a series of meetings across the country to explain its position to its supporters and the public.

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 lists below the stages at which the implementation of decisions were, 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 up to April 19, 2004.

1.Parliamentary And Constitutional Reform:

1.1 The various parliamentary committees established as a result of amendments to the constitutions have all been constituted save for the committee on constitution reform which has had just one meeting. The Attorney General chairs this committee.

1.2.Strengthening the Capacity of the Parliament Office.

The Parliamentary Management Commit-tee 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 remains on hold as a result of the unavailability of the required funding until passage of the budget.

1.2.2.The Provision of Research and Document-ation 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.

Work has started on the required renovations and approval has been given for the recruitment of the relevant IT personnel.

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 Admi-nistrative and Logistical Support for Regional MPs:

The Finance Minister has tabled orders in the National Assembly under which parliamentarians who are members of committees will be given $20,000 monthly allowance and regional parliamentarians $15,000 monthly allowances.

1.2.4.Physical Facilities Within the Public Building:

The President and the Leader of the Oppo-sition 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.

Current Affairs understands that work on the renovation has started and would include the relocation of the Speaker's Office and the provisions of additional committee rooms and rooms for government and opposition members.

1.3.The Appointment of the Constitu-tional Commissions:

1.3.1.Establishment of the Ethnic Rela-tions Commission:

The Ethnic Relations Commission has begun working even though the members from the Indigenous People's Commission; the Women and Gender Equality Commis-sion; 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 begun its public hearings on the complaint made by the Indian Arrival Committee about the book written by Dr Kean Gibson.

It is also considering the complaint lodged against the Regional Administration of Region Seven (Cuyuni/Mazaruni) by a public servant who is alleging 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 Streets, Queenstown, which has been renovated for use by the constitutional commissions. It 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 Com-mission 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 résumés 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 Appoint-ment 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 Minister 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 has 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 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 have made appointments to the Magistracy and are looking at appointments to 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 Commissioners for the Constitutional Rights Commission and the Ethnic Relations Commission is yet to be laid in the National Assembly. 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.

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 is still to submit 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.

Region 6

The Regional Administration for Region 6 has advertised for tenders 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 was the end of last month.

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 serve as 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 Board and the various regional D&I committees. These nominations are being made.

4.Appointment of the Disciplined Forces Commission:

The Commission is still working on finalising its report having completed its public hearings. Its members are Justice Ian Chang (chairman); Dr Harold Lutchman who was appointed to replace Irish human rights activist Maggie Beirne, who resigned after the Commission submitted its interim report in December; Charles Ramson SC; attorney-at-law Anand Nandalall; and former National Security Adviser Brigadier (rtd) David Granger.

It should be noted that the PPP has given notice that it would not be automatically bound 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."

Meanwhile the Commission has completed 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 establishment of the Office of the Leader of the Opposition have been determined.

7.Dissolution of the Linden Town Council and Appoint-ment 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:

This meeting at which President Jagdeo and Corbin agreed to consider the de-politicisation of the Public Service; legislation on Crossing the Floor; the establishment of a permanent Elections Commission; and the PPP/C's Paper on "Inclusive Governance", was never held.