UNFINISHED BUSINESS


A report appeared in the press last week of a meeting between the Prime Minister, Moses Nagamootoo, Minister of Governance, Raphael Trotman and AFC executive and prominent attorney, Mr. Nigel Hughes to discuss constitutional reform. Constitutional reform is one of the undertakings given by the APNU+AFC coalition in its 100-day programme. No doubt the Government is looking to make an announcement on the issue before the end of the 100-day period.

On July 24 a symposium took place at Moray House on constitutional reform. The panelists were myself, Henry Jeffrey and Haslyn Parris. The proceedings were chaired by Miles Fitzpatrick. We were engaged in what might well be regarded as unfinished business. As leading member, Secretary and Chair, respectively, of the Constitutional Reform Commission, Miles Fitzpatrick, Haslyn Parris and I handed in our report to the Speaker of the National Assembly some fifteen years ago. The feeling at that time by some was that the process we had concluded did not resolve the most fundamental problems facing Guyana.

The two main unresolved issues were the powers of the president and shared governance. In relation to the first, while there was some tinkering, the only way to substantially reduce the powers of the executive president was to limit his or her executive authority to certain portfolios, such as defence, foreign affairs and maybe others and with a cabinet under a prime minister responsible for the remainder – something administratively attempted under the Cummingsburg Accord, which has clearly failed. The other option would have been to convert the presidency to a ceremonial one with certain enhanced powers relating to the appointment of a government after elections and oversight over certain constitutional issues and appointments. The main political parties were not interested in either.

The stark reality of the flaws in our constitution was revealed in the 2011 elections. It permitted a minority government to take and hold office for three years, achieving nothing, until elections were called. While the APNU+AFC coalition promised constitutional reform, and may well have been persuaded by the 2011 situation to make it a priority, there was little in the way of detail as to exactly what will be amended although some spokespersons, such as Nigel Hughes, provided some ideas. Much favourable sentiments still exist in favour of the enshrinement of shared governance or ‘winner does not take all.’ However, it remains to be seen whether the Government will continue to favour these ideas, strongly supported by President Granger in the campaign, now that it is in office.

The first issue that needs to be considered is the mechanism for constitutional reform. In our recent history the first attempt after the Independence Constitution was in 1980. The mechanism was a Constituent Assembly established by a motion of the National Assembly and comprising mainly the National Assembly. The second effort was after the 1992 elections when the National Assembly established a Special Select Committee by motion. It did not complete its work by 1997 when the National Assembly was dissolved for the 1997 elections. The final process was in 1999-2000 by the Constitution Reform Commission, which was established by the Constitution Reform Commission Act. By agreement among the political parties, the Act provided that the Commission be comprised of political parties and civil society.

The Commission received some 4,000 submissions and travelled throughout Guyana taking evidence. Several overseas experts also gave evidence. The Government will now have to decide whether to adopt one of these methods, or whether to establish a parliamentary Constitution Reform Committee which has the power to co-opt expert members. This is provided for by the Constitution and the Standing Orders. Alternatively, the Government may decide to establish a different process altogether.

Guyana’s political culture suggests that the PPP will not participate in the constitutional reform process. Two principles will guide that decision. The first is whether there is anything in constitutional reform to benefit the PPP. The second is to try to obstruct anything the Government wants to accomplish. The PPP is likely to be happy with the existing situation, which permits a party with only a plurality to take office. It may well speculate that with the collapse of the Cummingsburg Accord and the AFC’s loss or relinquishment of capacity to influence decisions or policy, it will lose its independent voice and distinct character. The PPP will calculate that the AFC will lose all or most of its separate support, thereby opening the possibility of the PPP returning to office with a plurality. There are other possible scenarios but the above is the most feasible. From the PPP’s perspective, therefore, constitution reform would not be in its interests.

The Government must not be diverted from this major electoral undertaking by allowing the PPP to derail an opportunity, which may never return, to fix our political system. If a two-third majority would not be possible without PPP support, article 164 provides for a simple majority and a referendum for constitutional changes. Even if the PPP opposes proposals for constitutional reform, the electorate will be easily persuaded if the reforms are reasonable, not designed for partisan benefit and goes some way towards structural reform of our governmental system that will encourage or necessitate inclusivity across the political spectrum.

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5 Comments

  1. Very objective ,I hope Mr Granger noe yhat he is president is willing to move on the reforms.

    1. BRAITHWAITE VOWS TO STRIP INDIANS OF USING THEIR PRIMITIVE SNAKE MUSIC

      Dear Editor,

      Kindly consider my letter for publication.

      Sultan Mohamed

      Constitutional reform will come in time if we survive as a united country. Why did the last reform did such an inadequate job to end up in the present predicament.

      Ou biggest problem is race and the old guard refuses to address it like they do not care. The racists are more emboldened so much so that they can meet and openly discuss the status of the African condition and the President of the country addresses it with validating grace.

      We should get on with what ails us most.

      Writing in the KN of 6-22-15 Mr Barrington Braithwaite in his usual victimology syndrome champions the usual piggyback entitlement where all that the PPP/C did for 23 years was automatically wrong or most inadequate because it did not confirm to partisan African demands. Listen to him bewailing how the PPP/C ” focused nothing (sic) on the wellbeing (sic) of the humanity (sic) of the nation (sic), …and now, with the reckoning with the book-keepers in the interest of the nation, they have the audacity of Barabbas to pronounce themselves as witch hunted ‘Honest Thieves’. They must be unmasked and imprisoned” the on-fire tribalist sounds off. Go ahead. Make my day. The PNC led coalition should publish the names of any presumed corrupt “guilty” and let the law take its course.
      Jesus
      What Mr Braithwaite conveniently forgets is that by its non rigged democratic choice, the rabble chose between Jesus and two guilty and crucified thieves. Is the PNC led coalition government significantly better? The Jaganut PPP/C also lost and deserved it unlike Jesus. Despite all their skyscraping economic achievements the PPP/C government’s arrogance refused to pay hard working rice farmers what was owed to them. Kudos to the PNC coalition government for their prompt payout promise in their first budget.
      National Service
      Where Mr Braithwaite will however find sustained resistance is his unmitigated gall by which he can publicly advocate his evil ethnic cleansing agenda. Touting his ghoulish agenda of conquest by the deculturization of those from whom he craves their nirvana-like validation and acceptance Mr Braithwaite wants National Service to be reintroduced. Recently the PNC General Secretary also echoed his chant. Is raping of Indian women to become a National Service free for all cultural humiliation and shame, all over again,always denied but so well known?

      Stripped

      Mr Braithwaite boldly wrote” This mythology (sic) of racist fear mongering has to be addressed, and with clinical examination stripped,(sic) exposed (sic) and legally punished, (sic) because its impetus is Evil.” Well what do you know! All Guyanese already know it so intimately who Mr Braithwaite wants to strip, expose and punish while he can be smug about it. When those who are already labelled indian supremacists stridently repel the marauding Barabbas and Braithwaites in our midst, their defensive retaliation will avalanche into a cause celebre certain to forge national unity validating their natural right to survival. Mr Braithwaite however believes ,as he wrote, that their is “A deceptive cloak adorned as a defence in the event of the public exposure of mundane transgressions, (and ) then the cloak of this sinister mythology (sic) is invoked, with intent to entrance and insulate (sic) its guilty (sic) target (sic) group.” The Indian owned KN and its African dominated editorial staff stands condemned in permitting Mr Braithwaite to make an open declaration of war on Indians. Why is there automatic entitlement by some unknown privilege to deny critics the rights of rebuttal and justified defence. This will not endure.

      Afrocentric agenda

      But Mr Braithwaite is not finished. The Afrocentric tribalist wrote that Indian, are, as he wrote,only “Casting its primitive arcane fictions (sic) onto its multitude who are lured by the enchanting music of this and that snake charmer,(sic) that summons and perpetuates its venom (sic) of ‘we against dem’ through its fabricated chants,(sic) as a survival mechanism, to the detriment of the collective harmony of all, in the multiethnic and multicultural societies they by choice (sic) inhabit, who may be, and most times are, oblivious of how dangerous its venom is.” Herein is Mr Braithwaite’s full written proof why some dangerous Afrocentric advocates in our midst seek to justify ethnic cleansing of Guyana’s Indians to meet their political goals.

      National Service Statistics

      Mr Braithwaite should provide the statistics how many NS graduates were to later on professionally adopt agriculture for daily sustenance if acquired NS skills bore abundant fruit. Does he realize how dangerous is his venomous charade? The man says ” I must insert the fact that those mentioned (NS) organizations were not political centres (sic) , yet the PPP demonized them to the point of self imposed ostracizing of its own constituency from participating in its skill training, to keep this country racially divided,(sic) to sustain its political existence, at all costs.” Either Mr Braithwaite is out of touch with moral reality or he lacks the testicular fortitude to envision his interests as self sustaining and surviving most free, proud and independent from others. Why do such slave descendants with their own sterling magnificence,completely without need for others supposed vilified decadence, constantly seek to be alloyed or buttressed like there is no tomorrow? What’s wrong or missing from the Guyanese reservoir, and even with his own skilfull abundance of bountiful gift of gab,which can be all, and everything, which he knows more than others, which can boost Guyana’s progress without being hitched or compromising at someone else’s ethnic cleansing extermination?

      Bring to the table

      What does Mr Braithwaite bring to the table is very clear. His always empty calabash and litany of entitlement woes has no abatement. His is a case with no end since emancipation in 1838 seems to have made no difference after 177 years. His loaded militarizing agenda of many weapons of mass destruction invites perpetual conflict, always threatening by its resort to violence like it’s all his ilk knows or is best capable. Permit me, please, to differ and breathe free.

      Aggression

      Historically Guyana’s “others’ do not harp, seek, aggressively demand, require or fantasize about anyones demise or absorption to survive or motivate Guyana’s national or their children’s individual progress. Surely Mr Braithwaite cannot be finding fault with “Black as most beautiful” or most productive and compelling to be self sustainable? “Isn’t it amazing that we are all made in God’s image, and yet there is so much diversity among his people?” Bishop Tutu also reminded. Why must a perfect God’s, in all his his manifested created diversity, be subjected to correction by an uncertain Afrocentric agenda when God’s democracy created unique cultural associations and unfettered existence as natural rights of survival most non negotiably free, as is? Who is imposing their conditionalities or demanding compromises to walk into oblivion like all other Guyanese are without equal rights of freedom and unfettered existence as they are entitled to, as well.

      Justice

      Mr Braithwaite must get off his high horse of always blaming others for his problems which are only made worse by his agitating mission blaming others afar and at home. No sir. Justice or fair play cannot, at anytime, concede or compromise with Mr Braithwaite’s insane demands to acknowledge that it should , as he wrote, be “recognized that for the PPP/C, its most effective bargaining tool to justify its right to power has always been the emotional frenzy of racist rabble rousing.” No sir. Lest you so assume, I do not speak for the PPP/C nor do I seek such mandate. But what is common knowledge is that the dangers of PNC and 2012 AFC Agricola rabble rousing street violence often erupted and usually comes alive by such habitual violent copyright methodology always targeting Indians, always targeting their womenfolk in particular and it is sickeningly cyclical and continuous. Mr Braithwaite consistently seeks to impose his unwelcome agenda on others and he does it by brazen and frightening entitlement regardless. What makes it more ominous is he is not alone. This is most untenable, repugnant and can only be totally rejected with extreme contempt.
      The PPP/C is incapable of inspiring, organizing, encouraging, or in any way engineering any race riots, arson, street violence or racial attacks on others like the PNC habitually has done because their ideology has imprisoned them. Where is the convincing contrary evidence? African womenfolk have not been targets of Indian men’s political wrath under no circumstances whatsoever in all Guyana’s political acrimony. The Indian cultural restraints are still intact. It never happened that the others womenfolk were targets of conquest or humiliation. Is there any such evidence to the contrary? Produce it please. What the record accurately shows is the opposite is habitually true where Indians and their womenfolk are routinely PNC attacked because of their race origins and their unique culture. The right to defence forever remains automatic especially when known aggressors are massing in the PNC political machinery.
      Human Rights
      All Guyanese, by race, by origins, by culture or by religion and birthright have natural fundamental rights to existence and survival in spite of what Mr Mike McMcormick’s biased GHRA traditionally champions. Human rights and cultural dignity are automatic and non negotiable for all Guyanese and it must remain so. Where Mr Braithwaite is barking up the wrong tree is where he is most laughable if he believes that he can pin blame on either the PPP/C or Dr Jagdeo because the latter allegedly “had morally and economically devastated” Guyana. Prove it. Mr Braithwaite is most welcome to fight the World Bank and IMF, IDB and CDB to adjust their economic assessment on GDP growth in Guyana. Best wishes on your quest, sir.

      Sultan Mohamed

    2. sultan mohamedAugust 12, 2015 at 9:52 am
      BRAITHWAITE VOWS TO STRIP INDIANS OF USING THEIR PRIMITIVE SNAKE MUSIC
      Dear Editor,
      Kindly consider my letter for publication.
      Sultan Mohamed
      Writing in the KN of 6-22-15 Mr Barrington Braithwaite in his usual victimology syndrome champions the usual piggyback entitlement where all that the PPP/C did for 23 years was automatically wrong or most inadequate because it did not confirm to partisan African demands. Listen to him bewailing how the PPP/C ” focused nothing (sic) on the wellbeing (sic) of the humanity (sic) of the nation (sic), …and now, with the reckoning with the book-keepers in the interest of the nation, they have the audacity of Barabbas to pronounce themselves as witch hunted ‘Honest Thieves’. They must be unmasked and imprisoned” the on-fire tribalist sounds off. Go ahead. Make my day. The PNC led coalition should publish the names of any presumed corrupt “guilty” and let the law take its course.
      Jesus
      What Mr Braithwaite conveniently forgets is that by its non rigged democratic choice, the rabble chose between Jesus and two guilty and crucified thieves. Is the PNC led coalition government significantly better? The Jaganut PPP/C also lost and deserved it unlike Jesus. Despite all their skyscraping economic achievements the PPP/C government’s arrogance refused to pay hard working rice farmers what was owed to them. Kudos to the PNC coalition government for their prompt payout promise in their first budget.
      National Service
      Where Mr Braithwaite will however find sustained resistance is his unmitigated gall by which he can publicly advocate his evil ethnic cleansing agenda. Touting his ghoulish agenda of conquest by the deculturization of those from whom he craves their nirvana-like validation and acceptance Mr Braithwaite wants National Service to be reintroduced. Recently the PNC General Secretary also echoed his chant. Is raping of Indian women to become a National Service free for all cultural humiliation and shame, all over again,always denied but so well known?
      Mr Braithwaite boldly wrote” This mythology (sic) of racist fear mongering has to be addressed, and with clinical examination stripped,(sic) exposed (sic) and legally punished, (sic) because its impetus is Evil.” Well what do you know! All Guyanese already know it so intimately who Mr Braithwaite wants to strip, expose and punish while he can be smug about it. When those who are already labelled indian supremacists stridently repel the marauding Barabbas and Braithwaites in our midst, their defensive retaliation will avalanche into a cause celebre certain to forge national unity validating their natural right to survival. Mr Braithwaite however believes ,as he wrote, that their is “A deceptive cloak adorned as a defence in the event of the public exposure of mundane transgressions, (and ) then the cloak of this sinister mythology (sic) is invoked, with intent to entrance and insulate (sic) its guilty (sic) target (sic) group.” The Indian owned KN and its African dominated editorial staff stands condemned in permitting Mr Braithwaite to make an open declaration of war on Indians. Why is there automatic entitlement by some unknown privilege to deny critics the rights of rebuttal and justified defence. This will not endure.
      Afrocentric agenda
      But Mr Braithwaite is not finished. The Afrocentric tribalist wrote that Indian, are, as he wrote,only “Casting its primitive arcane fictions (sic) onto its multitude who are lured by the enchanting music of this and that snake charmer,(sic) that summons and perpetuates its venom (sic) of ‘we against dem’ through its fabricated chants,(sic) as a survival mechanism, to the detriment of the collective harmony of all, in the multiethnic and multicultural societies they by choice (sic) inhabit, who may be, and most times are, oblivious of how dangerous its venom is.” Herein is Mr Braithwaite’s full written proof why some dangerous Afrocentric advocates in our midst seek to justify ethnic cleansing of Guyana’s Indians to meet their political goals.
      National Service Statistics
      Mr Braithwaite should provide the statistics how many NS graduates were to later on professionally adopt agriculture for daily sustenance if acquired NS skills bore abundant fruit. Does he realize how dangerous is his venomous charade? The man says ” I must insert the fact that those mentioned (NS) organizations were not political centres (sic) , yet the PPP demonized them to the point of self imposed ostracizing of its own constituency from participating in its skill training, to keep this country racially divided,(sic) to sustain its political existence, at all costs.” Either Mr Braithwaite is out of touch with moral reality or he lacks the testicular fortitude to envision his interests as self sustaining and surviving most free, proud and independent from others. Why do such slave descendants with their own sterling magnificence,completely without need for others supposed vilified decadence, constantly seek to be alloyed or buttressed like there is no tomorrow? What’s wrong or missing from the Guyanese reservoir, and even with his own skilfull abundance of bountiful gift of gab,which can be all, and everything, which he knows more than others, which can boost Guyana’s progress without being hitched or compromising at someone else’s ethnic cleansing extermination?
      Bring to the table
      What does Mr Braithwaite bring to the table is very clear. His always empty calabash and litany of entitlement woes has no abatement. His is a case with no end since emancipation in 1838 seems to have made no difference after 177 years. His loaded militarizing agenda of many weapons of mass destruction invites perpetual conflict, always threatening by its resort to violence like it’s all his ilk knows or is best capable. Permit me, please, to differ and breathe free.
      Aggression
      Historically Guyana’s “others’ do not harp, seek, aggressively demand, require or fantasize about anyones demise or absorption to survive or motivate Guyana’s national or their children’s individual progress. Surely Mr Braithwaite cannot be finding fault with “Black as most beautiful” or most productive and compelling to be self sustainable? “Isn’t it amazing that we are all made in God’s image, and yet there is so much diversity among his people?” Bishop Tutu also reminded. Why must a perfect God’s, in all his his manifested created diversity, be subjected to correction by an uncertain Afrocentric agenda when God’s democracy created unique cultural associations and unfettered existence as natural rights of survival most non negotiably free, as is? Who is imposing their conditionalities or demanding compromises to walk into oblivion like all other Guyanese are without equal rights of freedom and unfettered existence as they are entitled to, as well.
      Justice
      Mr Braithwaite must get off his high horse of always blaming others for his problems which are only made worse by his agitating mission blaming others afar and at home. No sir. Justice or fair play cannot, at anytime, concede or compromise with Mr Braithwaite’s insane demands to acknowledge that it should , as he wrote, be “recognized that for the PPP/C, its most effective bargaining tool to justify its right to power has always been the emotional frenzy of racist rabble rousing.” No sir. Lest you so assume, I do not speak for the PPP/C nor do I seek such mandate. But what is common knowledge is that the dangers of PNC and 2012 AFC Agricola rabble rousing street violence often erupted and usually comes alive by such habitual violent copyright methodology always targeting Indians, always targeting their womenfolk in particular and it is sickeningly cyclical and continuous. Mr Braithwaite consistently seeks to impose his unwelcome agenda on others and he does it by brazen and frightening entitlement regardless. What makes it more ominous is he is not alone. This is most untenable, repugnant and can only be totally rejected with extreme contempt.
      The PPP/C is incapable of inspiring, organizing, encouraging, or in any way engineering any race riots, arson, street violence or racial attacks on others like the PNC habitually has done because their ideology has imprisoned them. Where is the convincing contrary evidence? African womenfolk have not been targets of Indian men’s political wrath under no circumstances whatsoever in all Guyana’s political acrimony. The Indian cultural restraints are still intact. It never happened that the others womenfolk were targets of conquest or humiliation. Is there any such evidence to the contrary? Produce it please. What the record accurately shows is the opposite is habitually true where Indians and their womenfolk are routinely PNC attacked because of their race origins and their unique culture. The right to defence forever remains automatic especially when known aggressors are massing in the PNC political machinery.
      Human Rights
      All Guyanese, by race, by origins, by culture or by religion and birthright have natural fundamental rights to existence and survival in spite of what Mr Mike McMcormick’s biased GHRA traditionally champions. Human rights and cultural dignity are automatic and non negotiable for all Guyanese and it must remain so. Where Mr Braithwaite is barking up the wrong tree is where he is most laughable if he believes that he can pin blame on either the PPP/C or Dr Jagdeo because the latter allegedly “had morally and economically devastated” Guyana. Prove it. Mr Braithwaite is most welcome to fight the World Bank and IMF, IDB and CDB to adjust their economic assessment on GDP growth in Guyana. Best wishes on your quest, sir.
      Sultan Mohamed

  2. One should take into consideration the following possibility — will the PNC ever be prepared to accept free and fair elections in Guyana, now that they are enjoying the euphoria of their rule ?

    I personally cannot see another election without the Burnhamesque way of doing things, and the consequential imposition of PNC mis-rule by fraudulent elections, revisiting Guyana.

    We see how that incompetent dictator, Burnham, and his regime’s malfeasants, Green, Greenidge,LLewellyn John and all the others are being worshipped by this present bunch that got power by default !

    I bet US$10.00 to a doughnut that when the time comes around for fresh elections, whenever that is, they will try to usurp the electoral process to rig elections again, and when they lose they will unleash thuggery as was being done since the early 1960’s.

    I blame that nepotistic, disgraceful bunch starting with Jagdeo, who caused Guyana to be put back into this mess that engulfed us fro 1964 to 1992 !!!

  3. Warning
    Unless anti racist and anti corruption laws are passed in parliament and vigorously enforced
    Guyana will drift into same dilemma Venezuela
    is plagued with…..endemic corruption destroying
    Its future. Maduro has managed to destroy his
    peoples progress in less than three years…Venezuela is now in “economic” turmoil and political uncertainty. Disaster…guyana be warned.
    Let commonsense prevail.
    Needed a “doctorate” in politics to understand the article above on political reformation.
    Decisions decisions ! !

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