THE WALTER RODNEY INQUIRY


The Walter Rodney Inquiry dominated the news last week. The evidence given and hopefully to be given by former and current activists of the WPA and the participation of the PNCR, suggest that the Inquiry will be provided with material, information and oral evidence, to enable it to arrive at a credible conclusion. The Commissioners have already acquitted themselves with dignity and have displayed firmness. The Commission has not been detained by objections to its determination of its own procedure by relaxing the rules evidence as to hearsay, which is a widely adopted practice by COIs. Concern about the Chairman’s impartiality because of a speech at a memorial service for Walter Rodney decades ago, which was apolitical, contained nothing prejudicial against any person or group and expressed sentiments that would have been shared by most Caribbean nationals, have rightly been dismissed.

Walter Rodney’s death could never be understood without knowing of the formation, composition, agenda and activities of the WPA. These must be presented in evidence if the Commission is to have a full and adequate picture of the era. To buttress this evidence the Commission also needs to have copies of all the statements issued by the WPA, all the editions of Dayclean and Open Word, all the relevant statements made by the PNCR and Burnham and a list and analysis of the activities, meetings, rallies of the WPA, collaborative activities with the PPP and other groups and their outcomes. Broad statements so far given by Karen De Souza and Eddie Rodney, though important, are not by themselves sufficient. Proof of the atmosphere of fear, intimidation, violence and terror that pervaded that era must be laid bare before the Commission.

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NEITHER MALE NOR FEMALE


In a wide-ranging, courageous and innovative decision, the Indian Supreme Court ruled a few weeks ago that transgenders, a broad category of persons with varying gender situations, identities and issues, are entitled to the protection of the Indian Constitution.  It held in the case of National Legal Services v Union of India and Others that ‘transgenders’ are neither male nor female, but a third gender and that transgenders can answer ‘other’ to any oral or written question officially inquiring about their status, treated as a community discriminated against and have special and defined rights.

The decision reviewed legal developments in India and all over the world including the United States, Canada, Europe, Australia, New Zealand, England, Pakistan and other countries. It referred to the recognition of transgenders in ancient India and relied on international conventions against discrimination on the basis of sex, which were applied on the basis that there is no conflict with municipal law, a principle previously upheld in India. In Guyana our Constitution actually mandates that our courts must take into account international conventions in their decision making.

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SLASH AND BURN


I listened intently to a television discussion last Sunday on Channel 28 sponsored through the auspices of the USAID LEAD Programme. The participants were Messrs Khemraj Ramjattan, leader of the AFC and Carl Granger, the finance spokesperson for APNU. Even for a jaded ex-politician like me, the discussion was extremely interesting. Both men spoke about their Parties’ approaches to the Budget Estimates and the reasoning underlying any disapprovals they may apply. While both were equally articulate, Carl Greenidge offered the theoretical basis on which he expected the Budget to be constructed. As one of Guyana’s ablest and most experienced economists who has himself spent seven years in the hot seat as Minister of Finance, with vast international economic experience, his explanations were informative. It was a pity that the Government did not participate.

At the same time, few in Guyana could have matched the competence, articulation and argumentation of Minister Ashni Singh in presenting the 2014 Budget and defending the Estimates. Since his first hesitant steps as Minister of Finance, he has grown into an assured professional with a firm grasp of his portfolio and a masterful capacity to defend it. The television programme would have been an even more elevated discussion if it had involved Minister Singh. He may not have attended because the Government objects to the LEAD Programme. To be deprived of listening to Minister Singh in such a setting, responding to a greater depth and higher standard of discourse than the cut and thrust in the National Assembly, was very disappointing.

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THE JURY SYSTEM NEEDS TO BE ABOLISHED NOT REFORMED


I have written twice over the past year urging that the jury system should be abolished. On the first occasion several lawyers, including the Attorney General, disagreed with the views I expressed. On the second occasion I repeated my views in an article publicizing the remarks of Chief Justice Ivor Archie of Trinidad and Tobago urging that the jury system be reviewed. His remarks were supported by two of the most outstanding jurists of the Caribbean region, retired Chief Justices Sharma and de la Bastide of Trinidad and Tobago. The latter is also retired President of the Caribbean Court of Justice.

Two events received publicity during last week. The Office of the Director of Public Prosecutions reported that for the last Criminal Assizes which commenced on January 15 and ended on March 28, 25 matters were completed in Demerara, Berbice and Essequibo. 18 matters were presented for Demerara. In 2 the DPP entered nolle prosequi (withdrawal of prosecution). In 5 matters there were guilty pleas to lesser offences. Of the remaining 11 that went to trial there was only 1 guilty verdict.

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ANSWERING THE CRITICS


Critics outside the PPP have accused me of being silent while in the PPP, and of only recently having found my voice. I have never responded. Those same criticisms are now being echoed from within the PPP. First a ‘source’ in a newspaper which promotes Dr. Jagdeo, whose identity can be easily discerned, and more recently Clement Rohee in his letter on April 3 in SN, in defence of Dr. Jagdeo and not a word about his belittling of President Ramotar, reinforcing my contention about Dr. Jagdeo’s grip over the PPP. The unjustified criticism, proven to be false from what follows, relieves me from any further obligation to retain confidences of the PPP leadership. I set out below a short, verbatim excerpt from a 4,275 word presentation I made at a meeting of the Central Committee of the PPP on or about March 25th, 2006, which Mr. Rohee saw in draft and amended before I read it. It demonstrates that the accusation that I never spoke out is false and known by Mr. Rohee and Dr. Jagdeo to be false. I spoke out and responded in writing on many other occasions on many issues. These will be revealed and other appropriate responses made from time to time in self defence, or whenever Dr. Jagdeo chooses to ‘have the last laugh,’ as predicted by Mr. Rohee:

 “The expression of different views does not harm Party unity; it is, on the contrary, vital to the maintenance of Party unity and the building of consensus. It is only when members have the opportunity of fully expressing their views without being quickly dismissed or responded to with hostility that they can be satisfied that they are being heard and their concerns addressed. Only then will they sign on to a decision and defend it willingly and gladly…

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