JAGDEO PROPOSED JUDICIAL SOLUTION TO CHAVEZ IN 2010


In his recent interview on Venezuela, former president Mr. Bharrat Jagdeo spoke about his administration’s approach to resolving the border controversy between Guyana and Venezuela. He said that the PPP administration had considered five options for resolving it but he mentioned only one, namely, an outlet to the Atlantic for Venezuela.

Mr. Jadgeo questioned the ‘juridical’ route being proposed by the government on the ground that it may not materialize because of the need for Venezuela’s consent. In addition, he warned that if the parties accepted a judicial solution, the involvement of the United Nations in the process might somehow be impaired. He urged that Guyana ought not to take a position that would have such a consequence because it was vital, in his view, that the Secretary General should remain involved in the process. “I am not questioning the juridical route, I am just saying that it is very important to keep the UN involved in the process,” he advised. This was repeated several times in the interview. But Mr. Jagdeo never mentioned, contrary to the dangers he now perceives and to his current advice, that he proposed to President Chavez as far back as July 21, 2010, at their meeting in Caracas that serious consideration should be given to having the controversy resolved legally through the International Court of Justice(“ICJ”).

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LET’S HAVE TWO HOLIDAYS FOR DIWALI


Diwali is celebrated by Hindus to signify the victories of light over darkness, good over evil, knowledge over ignorance and hope over despair. These victories were achieved by the return of Lord Rama, his wife Sita and brother Lakshman from fourteen years of exile. The lights are intended to illuminate the path of their return to Ayodhya. The event provides a time to emphasize both external and internal purity, extending goodwill and undertaking religious observances, all in aid of enlightenment. Apart from Lord Rama, other deities are also worshipped.

The above is a truncated explanation of an expansive, multi-religious, multi-faceted, autumn celebration that has deep historical roots and wide religious significance for about one and a half billion people. For example, it is not only Hindus, but also Sikhs, Jains and Buddhists who celebrate Diwali. Sikhs celebrate the release from prison of Guru Hargobind and 52 princes in 1619. Jains celebrate the anniversary of Lord Mahavir’s attainment of freedom from the cycle of reincarnation as well as his teachings on compassion, justice and the promotion of social, political and economic equity. Buddhists mark the occasion as the time when Emperor Ashoka converted to Buddhism.

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BAN KI-MOON HAS THE FINAL WORD


As revealed by President Granger in his address to the National Assembly last Thursday, Venezuela has once again attempted to intimidate a foreign investor, the Guyana Goldfields. The President referred to Venezuela’s history of intimidation starting with the seizure of Ankoko in 1966, then the Rupununi Uprising in 1969, and its continuation since that time. The fact that the Good Officer Process has been ongoing for the past 25 years has not moderated Venezuela’s relentless energy in its irredentist pursuits, which the President has correctly characterized as unlawful interference in Guyana’s internal affairs.

Venezuela no doubt wishes the continuation of the same Good Officer process so that it will remain free to engage in its hostile activity towards Guyana. The ultimate objective of its economic and escalating military intimidation is to prevent Guyana from developing its economy and military so as to eventually force us in desperation to settle the border controversy by ceding territory.

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THE HONEYMOON IS SURELY NOW OVER


Neither pace nor spin could contain the eruption over the salary increases by ministers of the government, to themselves. The usually mild mannered Minister of State, Joe Harmon, tried pace. “I have no apologies to make.” The technically adept Minister of Finance, Winston Jordan, tried spin – “I maintain that these changes were necessary.” These efforts and others (the AG said the increases were ‘transparent’ and Minister Trotman said ‘trust us’) have failed to ease the political controversy, which has continued with unabated ferocity for two weeks. Back to back editorials in Stabroek News and Red Thread’s ‘fat cat politrickian’ cartoon, advertising a picketing demonstration on October 14, have underlined public dismay at the substantial salary increases.  If there was any doubt about it before, the honeymoon for the APNU+AFC Government is surely now over.

Between 1957 and 1964, the totality of salary and benefits for a minister was $840.00 (then about US$420) per month with $120.00 as a travel allowance and a driver. In order to attract Shridath Ramphal, who had served as Deputy Attorney General of the West Indian Federation and was then in private practice in Jamaica, the PNC-UF coalition government in 1964 offered him a salary of $4,000.00 tax free as Attorney General. The salaries of ministers remained the same.

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IMPENDING CHANGES IN THE JUDICIARY


During last week the Attorney General and Minister of Legal Affairs, the Honourable Basil Williams, reminded us that the current Chief Justice (ag) Ian Chang is due to retire shortly. According to the Constitution, the acting Chief Justice is required to retire next February but with pre-retirement leave, if taken (he has reportedly never taken leave in fifteen years) he might leave as early as the end of this year.

Chief Justice Chang is like no other judge before or, likely, after. He combines a burning passion for law with a voracious reading appetite. These have gifted him with wide knowledge and sharp and innovative analytical capability. With an easy and approachable manner, the Chief Justice combines a gregarious disposition with uniquely expressive skills. His ripe and colourful images and metaphors in speech, disguise a prodigious work ethic. His countless, usually well written decisions, will guide lawyers and judges for many years to come. Some decisions have been reversed, some controversial, as is normal and to be expected. The lawyers defending his decisions in the Budget Case and the Two Term Presidential Limit Case will have challenging arguments to contend with.

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