The political stalemate continues, and President Bharrat Jagdeo's May 14 appointment of a three-man commission to inquire into the allegations that Home Affairs Minister Ronald Gajraj was involved in the activities of a death squad, seems to be the main stumbling block. The members of the commission he announced are Ian Chang SC, JA, Maj Gen (rtd) Norman McLean and Chairman of the Police Service Commission Ivan Crandon. The President did not consult with the parliamentary opposition about the persons to be appointed and he was not legally required to do so.
Another stumbling block is what appears to be a disagreement among the members of the donor community over the appointment of the commission. Some have counseled its acceptance while others are concerned about the President's unilateral action.
In a statement issued after the parliamentary opposition parties wrote UN Secretary General Kofi Annan seeking his intervention in the affair, the local office of the United Nations Development Programme issued a statement, in which it urged the government to consult with the relevant stakeholders before appointing the commission.
Some observers have pointed out that in the present circumstances the mechanism of a presidential commission is inappropriate since the provisions of the Commission of Inquiry Act Chapter 19:03 allow the proceedings of the commission to be subject to such directions as the President may choose to give to the secretary whom he appoints (vide section 4 of the Act).As such they conclude that the structure of the commission does not insulate it from the influence of the President.
Another section of the Act, it was argued reinforces the capacity of the President to direct the proceedings of the commission, and to be the sole recipient, if he so chooses, of the commission's report. That section (section 7) requires the commissioners "to report to the President in writing, the result of such inquiry; and also, when required, to furnish to the President a full statement of the proceedings of such commission, and of the reasons leading to the conclusions arrived at or reported."
With regard to a concern of the parliamentary opposition that there should be a witness protection plan, they point out that section 10 of the Act gives the commissioners the powers of a High Court judge to summon witnesses etc. They note that section 12 provides for penalties to be imposed where witnesses refuse to answer fully and satisfactorily any question put to him/her without sufficient cause, as it is unlikely that a simple statement of fear for one's safety or the safety of one's family would fall in the category of sufficient cause.
Consequently they conclude a presidential commission established under this Act is not an appropriate vehicle for an impartial investigation, outside the influence of the President, of any matter on which the President has already expressed an opinion, in which witnesses have expressed fear for their and their families' safety, and in which the report of the commission is required to be made public. Special rules, not currently specified in the Act, they point out, will have to be imposed to achieve the objectives of impartiality, transparency, and the safety of witnesses.
Other observers have pointed out that in appointing the commission under Chap 19:03 the President acted unconstitutionally as he did not heed article 149 C of the Constitution which states: "No person shall be hindered in the enjoyment of participating through cooperatives, trade unions, civic or socio-economic organisations of a national character, in the management and decision-making processes of the State."
They point out that the President has breached this provision, which is one of the fundamental rights created by recent amendments to the constitution, as to a number of "civic and socio-economic organisations of a national character". They have all sought to participate in the decision-making processes of the State in the establishment of an inquiry to investigate the alleged involvement of the Minister of Home Affairs Minister in the operation of death squads, and in the wider issues of public safety and crime.
They also pointed out that the attempts to activate article 149C should have been responded to by at least 'meaningful consultation' as defined in Article 232 of the Constitution.
Moreover article 39.(2) of the Constitution makes it clear that in considerations of matters of fundamental rights and human rights, due regard should be paid to international law, international conventions, covenants and charters bearing on human rights. Thus, they contend, both the letter and the spirit of the Constitution demand that an international dimension be brought to bear on the matters under consideration in relation to the allegations of the Minister of Home Affairs' involvement with death squads.
Article 39(2) states: "In the interpretation of the fundamental rights in this Constitution a court shall pay due regard to international law, international conventions, covenants and charters bearing on human rights."
There are arguments about the propriety of naming the chairman of the Public Service Commission as a member of the commission and the Head of the Presidential Secretariat has indicated the President is taking legal advice about the matter. Also PPP general secretary, Donald Ramotar, told reporters earlier this month at a Freedom House press conference that the observations about conflict of interest in relation to the appointment, appears to him to be much stronger than the one which holds that the President breached article 210(c) of the Constitution, which forbids the appointment of a serving member of the Police Service Commission to any other public office as defined by article 232 of the Constitution.
Meanwhile the parliamentary opposition and other civil society organisations are keeping up their campaign for the establishment of a commission of inquiry whose members are persons of the highest integrity acceptable to all the stakeholders.
The stalemate over the commission of inquiry apart, there has not been, as far as Current Affairs could ascertain, any move by the international donor community to resuscitate the constructive engagement process apart from the continuing efforts of Sir Paul Reeves, the envoy of the Commonwealth Secretary, whose intervention were requested by President Bharrat Jagdeo and then Leader of the Opposition, the late Desmond Hoyte SC.
Sir Paul has told Stabroek News that he is trying to locate the engagement between the President and the present Leader of the Opposition within the parliament, which he says is the appropriate forum for it. But he recognised that Guyana's history and tradition of government did not give to the parliament the pride of place it deserves. As part of its assistance, Sir Paul said that the Commonwealth Secretariat will be providing assistance to the parliament to assist in the development of the committee process as well as to the Speaker in the running and administration of the parliament.
The USAID is also providing assistance to upgrade the capacity of the Parliament Office
Following the initial meetings with the parliamentary opposition and President Jagdeo there have been no further meetings. At the meetings with the parliamentary opposition, Current Affairs understands that the donor community were informed that the parties would accept the appointment of an independent commission comprised of persons of the highest integrity who would be capable of investigating all the issues surrounding the allegations including the events at Buxton. The parties also wanted the establishment of a witness protection programme and for authority to be given to the commission to hear evidence both inside and outside of Guyana.
The parties have also indicated their willingness to facilitate the passage of any amendments to the Constitution to provide the commission with the authority it needed to conduct the inquiry.
There is still a split in the reaction of the civic organisations which had called for an inquiry to be set up. The People's Movement for Justice (PMJ), which includes the Guyana Trades Union Congress, has kept up its campaign for the appointment of an independent inquiry while the Guyana Human Rights Association, the Guyana Bar Association and the Guyana Council of Churches have urged acceptance of the commission appointed by Jagdeo.
With regard to the implementation of the decisions taken during the constructive engagement process, the Office of the President continues to say that the decisions will be implemented.
About the monitoring of the implementation, there seems to be a disagreement between the two sides as to whether the hiatus in the dialogue brought an end to the life of those committees whose projects were in progress.
Clement Corlette the PNCR co-chair of the joint committee on depressed communities is of the opinion that the committee should still continue to function once there are projects in progress. His attempts to call a meeting of the committee last month were frustrated by the reported insistence of Philomena Sahoye, the other co-chair that there is nothing to discuss.
Corlette has continued to monitor the execution of the drainage project at Fyrish/Gibraltar on the Corentyne Coast which suffered severe flooding during the recent heavy rains. He disagrees with Shirley Edwards, a member of the joint committee who, at a Freedom House press conference earlier this month blamed the delay in the implementation of the project on the PNCR's withdrawal from the projects.
He attributes the delay to lengthy bureaucratic procedures in awarding the tenders for the pumps and, which he had been assured by the Drainage and Irrigation Authority, would have been assembled and installed by early June.
Corbin is of the view that the lives of the various committees have not ended as all that he said was that he had been constructively disengaged by the government and further discussions in the process should include a wider grouping as the next item on the agenda was inclusive governance.
Based on its own inquiries Current Affairs lists below the state of implementation of the various decisions as at June 13, 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 and have held several meetings save for the committee on constitutional 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 vacated by the Public Utilities Commission has commenced.
1.2.2. The Provision of Research and Documentation Support for the Work of the Committees:
IT Requirements:
(1)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 within the Parliament Office to house a special department that will assist the Parliamentary committees in their functions. The relevant renovations have been completed save for the provision of electricity. When this has been addressed the computers would be installed.
(2)Current Affairs understands that the Parliamentary Management Committee has asked the local office of the National Democratic Institute (NDI) for 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.
(3)The 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's website was set up with assistance from Canada and 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 a 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 qualification and experience.
Professional Research Staff:
A research unit has been established. The Head of the Unit has not yet been appointed. However, Current Affairs understands that services of the staff are underutilized.
1.2.3. Remuneration for MPs and Administrative and Logistical Support for Regional MPs:
Parliamentarians who are members of committees are being paid an additional allowance of $20000 a month. The regional parliamentarians also received $15000 monthly allowance.
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.
Current Affairs understands that work on the renovation has started which include the relocation of the Speaker's Office and the provision of additional committee rooms and offices for government and opposition members.
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 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 completed its public hearings on the complaint made by the Indian Arrival Committee about the book written by Dr Kean Gibson. It has also begun considering the complaint lodged against the Regional Administration of Region Seven (Mazaruni/Cuyuni) by a public servant who alleges 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, and the political parties. It has also begun meeting with a number of cultural groups and individuals.
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:
The deadlock on the constitution of the Public Procurement Commission continues. There have been no meetings to try to break the impasse.
The Public Accounts Committee is unable to agree on the criteria for evaluating nominees for appointment to the commission whose resumes it has before it. During the period of the constructive engagement the issue was to have been discussed at meetings between the high representatives and if unresolved referred to President Jagdeo and Corbin. These meetings never took place.
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 already approved legislation setting up the tribunal for this commission.
1.3.3. Appointment of the Chairperson for the Human Rights Commission:
Current Affairs understands that the Leader of the Opposition has written President Jagdeo requesting that they consult on the remuneration package.
The chairman is to be paid the same remuneration as paid to the chairmen of the other commission but Corbin feels that this is inadequate to attract the calibre of person required to chair this commission. He is however prepared if the government decides not to review the remuneration package to allow the persons whose names he submits to the President to decide if the package is attractive enough for them to agree to being 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 Commis-sions 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. The nominees of the Toshaos of the Amerindian communities to the Indigenous Peoples' Commission have already been selected. They are Yvonne Pearson of Mainstay/Whyaka (Region 2), Lawrence Anselmo of Purima (Region 7) and Eugene Isaacs of Toka (Region 9). It is continuing its consultations on the nominees for the other commissions.
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 and has been meeting. It was consulted on the appointment of Winston Felix as the new Commissioner of Police and has already 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 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:
There has been no progress in the resolution of the concerns of the Parliamentary opposition about the Public Procurement Act. A legal opinion on some ambiguities in the legislation was sought but Current Affairs could not ascertain whether it was tendered. The teams representing the government and opposition to discuss the issue has not met for a long time.
2.Implementation of the Deci-sions of the Bipartisan Commit-tees:
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 his 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 have been convened within a fortnight of the first meeting was held sometime later.
The National Democratic Institute is making available an expert who would provide some models for the parties to consider adopting as the electoral system to be used at the next local government elections.
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 the projects to be implemented in Regions 6 and 10.
Region 10.
Blueberry Hill
This project has been completed save for some remedial to a storm drain.
Victory Valley
This project has not been completed.
Region 6
The Regional Administration for Region 6 has completed the acquisition process for the supply of the pumps to be used for the projects identified for Hoggstye/Lancaster and Fyrish/ Gibraltar. Neither of the two projects, identified for implementation since 2002 have 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. Current Affairs understands that a board for the new entity has not yet been constituted. It is however anticipated that the board will be constituted in accordance with the recommendation of the Broadcast Committee. The committee recommended that boards of the state media organisations should 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 be 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's 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 the proposals for giving effect to the commitment for Equitable Access by Political Parties (as distinct from Government) to the State Media have also not met for some time.
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 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 Program-me 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's report was tabled in the National Assembly last month. 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 had given notice that it would not be automatically by the Commission's final report because of Dr Lutchman's appointment. However, since then the PPP seems to have softened its position and at a recent press conference urged the newly appointed heads of the GDF and Fire Service to study the recommendations.
Current Affairs understands that a select committee is to be established to monitor the implementation of the recommendations.
5.Agreements for the Electricity Sector:
The Government of Guyana has tabled all the various agreements 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 Manage-ment 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.