Unilateral appointment of death squad commission could block donor community efforts to revive const
Still no reaction from Jagdeo about inclusion of civil society in talks with Corbin
Stabroek News
May 19, 2004
The efforts of the international donor community to revive the engagement between President Bharrat Jagdeo and PNCR leader Robert Corbin may have run into a road block with the appointment of the Chang commission. As a consequence the uncertain political situation will continue.
President Jagdeo unilaterally established the commission on Friday to inquire into the allegations of Home Affairs Minister Ronald Gajraj's involvement with a death squad that is said to be responsible for more than three dozen unexplained murders towards the end of last year.
President Jagdeo's unilateral action was taken four months after the allegations against Gajraj surfaced and in the face of a statement by UNDP Representative, Jan Sand Sorenson, advising that the commission should be "commonly owned."
Of course the opposition parties have rejected the Commission of Inquiry and in a statement issued on Saturday said it did not meet the minimum standards they had outlined to the government and the other stakeholders including the international donor community.
These conditions were outlined in a letter to the United Nations Secretary-General Kofi Annan and included the appointment of highly respected persons of unblemished character acceptable to the major stakeholders, a CARICOM presence on the commission, and arrangements which would allow for testimony to be taken in and outside Guyana together with a credible and secure witness protection programme.
In their efforts to revive the Jagdeo-Corbin engagement the donor community has met with Jagdeo and Corbin separately and as well as with civic society organisations who are members of the stakeholder grouping to discuss with them Corbin's proposal for their involvement together with the other parliamentary opposition parties in the discussions with Jagdeo on matters of critical national importance.
It should be noted that some of the stakeholders including the Guyana Council of Churches chairman have looked with favour on the appointment of the Chang commission. Bishop Juan Edghill of the Guyana Council of Churches said that his organised welcomed Jagdeo's initiative and describes the commissioners appointed, Justice Ian Chang, Norman McLean and Ivan Crandon, as outstanding Guyanese who have served the country in different ways. He said that his Council trusts that "people can embrace the fact that the process is about to begin and we should give it a chance to work."
The Bar Association welcomed the government's move but expressed some reservations about the protection of witnesses some of whom have made allegations against the police and senior functionaries. He also expressed concern about the financing of the commission and expressed the hope that it would not hinder its work.
The People's Movement for Justice which includes some members of the stakeholder grouping rejected the President's initiative, expressing that it is not comforted either by the appointees or the terms of reference of the commission.
Meanwhile, the Office of the President continues to insist that the decisions taken during the constructive engagement process will be implemented. According to Information Liaison to the President Robert Persaud some of them have taken on a life of their own. What Persaud was not prepared to offer a comment on was whether or not they would be implemented with the required timeliness, a long-standing complaint by Corbin as well as former PNCR leader Desmond Hoyte, when he too engaged Jagdeo in discussions.
Despite promises to do so, Jagdeo has yet to offer a public comment on Corbin's proposal for the involvement of the other parliamentary parties and civil society in his discussions with Corbin on matters of critical national importance.
Based on its own inquiries Current Affairs lists below the state of implementation of the various decisions at May 16, 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 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 continues to be halted as a result of the unavailability of the required funding until the 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.
Current Affairs understands that the Parliamentary Manage-ment Committee has asked the local office of the National Democratic Institute (NDI) for a proposal on an internship programme involving University of Guyana students who would work with the Committees Division of the Parliament Office to assist the parliamentarians with their research. A working group comprising representatives of the Parliament Office, the University and NDI has been set up to look at the proposal.
Work has started on the required renovations and approval has been given for the recruitment of the relevant IT personnel.
Meanwhile NDI has assisted the Parliament Office in setting up a website after Parliament Office staff visited Trinidad and Tobago to look at the website operated by the Trinidad parliament. The Trinidad parliament website, set up with assistance from Canada, is considered the gold standard for parliamentary websites in the region.
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 continues to be a disincentive to persons with the required qualifications 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:
Parliamentarians have begun to receive the allowances tabled by the Finance Minister which provides for parliamentarians who are members of committees to be paid a monthly allowance of $20,000 and for the regional parliamentarians to be paid a monthly allowance of $15,000.
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.
Current Affairs understands that work on the renovation has started which 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 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 Peoples' 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 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 (Mazaruni/Cuyuni) 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 is has so far held meetings with representatives from the Christian, Moslem, Youth, Women and Labour groups 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 no longer provides 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 National Assembly has approved legislation setting up the tribunal for the Rights Commission last week.
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 qualifications 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' Commis-sion.
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 Chairman George Fung-On, 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 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 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:
The members of the commissions are being paid the same stipend as the Parliamentarians with higher payments for the chairman and vice chairman.
Current Affairs has been unable to ascertain the levels of these payments. However, the pay of the Chairman of the Public Service Commission at December 31, 2001 was $136 889 per month, telephone allowance of $50 per month and travelling allowance of $9,500 per month. The Deputy Chairman was paid $68,500 per month, telephone allowance of $50 and travelling allowance of $6,336 per month. The other members of the Commission were paid a stipend of $38,500 per month plus a telephone allowance of $50 per month and travelling allowance of $6,336 per 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 Lot 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 offered 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 have been convened within a fortnight of the first meeting was held sometime later. the issues to be resolved is the ratio of seats that would be contested on a constituency basis to those based on proportional representation.
The National Democratic Institute is making available an expert who would provide some models for the parties to consider. The Canadian International Development Agency now has responsibility for supervising the contractual services of Prof Keith Massiah as legal draftsman to translate the committee's recommendations into legislative form.
2.3 Depressed Communities Needs:
The President and the Leader of the Opposition agreed on 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. These projects have not been completed.
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 are 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 Govern-ment'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, September 19, 2003.
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 Pro-gramme 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 submitted its report to the Speaker of the National Assembly. it was tabled at Monday's sitting of the National Assembly. The report contains 164 recommendations.
The members of commission were 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 Mohabir 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 accepting 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 Opposi-tion:
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:
This 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" was never held.