ERC debacle…
Govt fails to pass motion allowing for selection of ERC members
…as PNCR-1G abstains
Kaieteur News
May 11, 2007
A Motion to allow for the selection of members to the Ethnic Relations Commission (ERC) was yesterday defeated in the National Assembly after the People's National Congress Reform-One Guyana (PNCR-1G) MPs declined to vote, even after a contentious Clause was deleted.
The Motion required support from two-thirds of the elected members for passage, but following a count at the end of some three hours, 40 members voted to allow the selection process to commence, four shy of the 44 votes needed.
Nineteen members from the PNCR-1G benches declined to vote following consultations which saw a Clause, viewed as contradictory to the Constitution, in the Motion being deleted.
This latest decision places further doubt on the existence of the ERC with serving Commissioners as their tenure is expected to come to an end in August.
Prime Minister Samuel Hinds moved the Nomination of Members to the Ethnic Relations Commission Motion, which seeks to direct the National Assembly to accept nominations from the private sector, trade unions, and various non-governmental, religious, youth and women's organisations for appointment to the ERC.
Alliance For Change (AFC) MP Sheila Holder and PPP/C MP Gail Teixeira argued in favour of the Motion since the number of entities involved in the selection process had increased from 117 to 162.
However, PNCR-1G frontbencher Winston Murray argued against the Motion, pointing out that the groups and entities to be consulted could be increased to encompass professionals and human rights organisations.
Murray also questioned the inclusion of the Inter Religious Organisation (IRO) under the Other Religious Bodies to allow it to nominate a member to the ERC.
According to Murray , that organisation is non-functional and should not be included.
He also posited that the Second Schedule of the Motion included a Clause that was in conflict with Article 212 B of the Constitution which determines the entities nominate members to the ERC.
That Clause stated that “where the entities in that group are unable to reach agreement, the nominees of that group would be submitted to the Standing Committee which will make the final determination.”
Murray stated that under First Schedule of the Motion, it states that the National Assembly determines the entities to nominate the members of the ERC, in accordance with the Constitution.
He argued that the Standing Committee could not arrogate to itself a right that is entrenched in the constitution. He said that he had approached the Prime Minister suggesting amendments to the Motion but that the Prime Minister responded in a negative manner.
Chairman of the Appointive Committee, Gail Teixeira, who is also Chairperson of the Committee of Selections, was adamant that the Motion should be supported by the PNCR-1G despite the arguments by Murray, since Deborah Backer sat on the Committee which deliberated the contents of the Motion.
“I expect that when we sit and debate issues in Committee that the person has the full backing of his or her party,” Teixeira stated.
She noted that the expansion to include more entities could be done at a later stage.
And shortly before the adjournment, Speaker Ralph Ramkarran invited Murray to explain his party's objection, and concluded that the matter did appear to be contentious.
Prime Minister Hinds, during the break, sought consultations with the PNCR-1G, then proposed an amendment to the Motion by deleting the contentious Clause contained in the Second Schedule. But this still did not budge the main opposition party.
The amendment was approved, but the Motion fell short of receiving the two-thirds vote needed to ensure its passage.
ERC Chairman, Bishop Juan Edghill and other representatives from the ERC viewed proceedings from the public gallery.
Edghill subsequently declined to comment on what had transpired in the National Assembly and its possible implications for the functionality of the Commission.
The ERC is a non-governmental, non-political body that was established in May 2003 and a May 6 communique signed by President Bharrat Jagdeo and Opposition Leader Robert Corbin as a result of the Herdmanston Accord, signed on January 1, 1998.