FUNDAMENTAL RIGHTS AND THE CITIZEN


On Wednesday last the public was treated to a brilliant and expansive lecture by the former Chancellor (ag) of the Judiciary and now Distinguished Jurist-in-Residence at the University of Guyana, Carl Singh. The subject was “The Constitutional Guarantee of Fundamental Rights and the Citizen. The lecture, to a packed hall and attentive audience at Herdmanston House, was the third in the series “Conversation on Law and Society.” Chancellor Singh started by pointing out that while citizens may not always be cognizant of what their right are, they are certainly aware that the Constitution guarantees them, which they are often prepared to aggressively defend. He related the story of a visitor to a hospital in Georgetown who was being prevented from entering because the visiting hours had come to an end. During the argument between the visitor and the hospital staff, the visitor loudly proclaimed that it was her constitutional right to enter the hospital to visit her relative!

Chancellor Singh explored a wide range of issues, not all of which can be examined here. A few are selected.

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THE ROOT OF THE EVIL


At the event marking the 100th Birth Anniversary of Cheddi Jagan sponsored by the Cheddi Jagan Research Centre, former President Bharrat Jagdeo expressed fears that the general elections due in 2020 will be rigged. President Jagdeo cited the circumstances leading up to the appointment of the Chair of the Elections Commission, namely, President Granger’s rejection of three lists of a total of eighteen names, and the President’s choice of Justice James Patterson. President Granger had the authority to appoint a judge, former judge or person qualified to be a judge, if he rejected the list of the Leader of the Opposition on the ground that the names submitted were not acceptable to him. It was a controversial departure by the President from the formula adopted in 1992, which had subsequently received constitutional imprimatur.

Rigged elections have had a long, known and sordid history in Guyana. Surprisingly, instead of leaving the past behind after the reforms of 1990-1992, it was the PNC that became the accuser, alleging that elections between 1992 and 2006 were rigged. Observers noted that 40 percent average it obtained from 1992 onwards, after the large majorities between 1968 and 1985 had to be explained. The rigging of the elections thereafter was the explanation, justifying the large majorities. But it might have been the symptom of the deeper ethnic malaise that afflicts Guyana, just as the PPP’s claims that the elections of 2011 and 2015, in which it received substantially less votes than before, were rigged against it.

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SYSTEMIC VIOLENCE AND CORRUPTION IN THE POLICE FORCE


This article below was first published in June, 2014, in a different political era. The recent shooting by the Police of three men on the seawall demonstrates the continuing relevance of the issues discussed at that time. I wrote as follows:

Violence and corruption in the police force can no longer be classified as allegations. They are real and are now an integral part of the culture of the Police Force and policing in Guyana. The sooner the authorities accept that these are chronic and systemic problems in the Police Force, the quicker there will be a serious attempt at a solution. No such attempt has yet taken place, even though modest efforts at ‘reforms’ have been made. But these have been attempted only reluctantly, after much public pressure and as an attempt to soothe public opinion. When public rage overflows, such as after the shootings in Middle Street, the public is offered the creation of a SWAT team. But the danger now exists that the Police Force will become so enmeshed and so entrenched in violence and corruption, that systems to protect these will take on a life of their own within progressively higher reaches of the Police Force.

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500,000 Barrels A Day.


With the production of 500,000 barrels a day for 300 days a year at US$40 a barrel, the annual income would be US$6 billion. The cost of production of oil varies widely, depending on whether it is onshore or offshore and if offshore, how far away and how deep. To give some idea North Sea oil was produced by BP in 2014 at US$30 a barrel. It went down to US$15 a barrel in 2017 and is expected to go down to US$12 a barrel by 2020. The estimated cost of production in offshore Guyana has not been made known by either the Government or ExxonMobil. We are therefore left to speculate.

Assuming that a maximum of about half of the income would be deducted as production costs, US$3 billion would be deducted as production costs from an annual income of US$6 billion. Guyana would earn 50 percent of the profit, that is, US$1.5 billion plus 2 percent of US$6 billion as royalty which would add another US$120 million. At minimum, therefore, Guyana’s economy would double. More likely than not, Guyana’s economy would grow to three times its current size and even more, if the price remains around US$60 per barrel and if more discoveries are made resulting in higher production. ExxonMobil has drilled only eight wells in seven of which oil was discovered. It plans to drill another twenty. There are also other blocks to be explored by other oil companies and other blocks yet to be given out for exploration.

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THE GREEN HOUSE


Since the victory of the APNU+AFC coalition in 2015, the colour of APNU, green, in which the President is often dressed, is being promoted everywhere. It first started with school buses and school boats. Now it is reported that school benches at some locations are being painted green. These were followed by the new, imposing, fence at the Office of the President which itself, along with State House, have now fallen victim to the colour green.

The designation of Guyana as ‘The Green State’ was not an accident. Dozens of characterizations could have been formulated to define Guyana’s intended adherence to a strict environmental regime, details of which are yet to be announced. But it is believed that the selection of the term ‘The Green State’ had something to do with the party colour and the President’s obvious attraction to it.

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