Two Fridays ago a seminar on Constitutional Reform the Process, was held at the University of Guyana. The event, which was well attended, was organized by the Carter Centre and facilitated by the British High Commission. The PPP and a cross-section of civil society were represented, but conspicuously absent was any APNU or AFC party or Government representatives. The discourse focused on why there should be constitutional reform and the process by which it should be undertaken. The event was not intended to have a formal conclusion but to have Guyanese ownership.
Many ills of the society that needed redress were identified. There were concerns that elected officials were interfering in the democratic right to protest, of political intermeddling in Amerindian affairs, of the need for equity in the society, of implementing the existing provisions of the Constitution, of educating young people about the issues, and everything in between. The debate around the issues raised was lively and energetic. The fact that the audience remained attentive and engaged throughout the three-hour event suggested that there is much interest in constitutional reform and scope for more debate.
Guyana has had a long history of struggle for electoral democracy. We have seen at first hand the devastating impact of manipulated elections on a country’s development and the psyche of a people. As it is, it will take several generations in the future for the suspicions and accusations over elections to disappear. It is not something that Guyana needs ever again.
Beginning in 1990 there were many reforms which brought about free and fair elections in Guyana. The two most fundamental reforms were an agreed Chair of the Elections Commission and counting of the votes at the place of poll. These were, of course, supplemented by many other laws, regulations and practices that were agreed to between the two main political parties and enshrined in the Constitution or in the Representation of the People Act.
Petronella Trotman is the name adopted by Ronnell Trotman, who is a transgender person. Born a male, she identifies as a female. Two famous transgenders, born as males and now identifying as women, are Caitlin Jenner, an Olympian and television personality, and Chelsea Manning, a soldier who was imprisoned for leaking information to Wikileaks, both of them of the United States. Bruce Jenner struggled for many decades and Bradley Manning, who is much younger, for many years with gender identity issues before formally and publicly adopting the female gender with which they have identified.
A transgender person suffers from a gender dysfunction. He or she identifies with the gender opposite to that assigned to him or her at birth. It has nothing to do with sex. Their sexual preferences do not necessarily change. And it is not the same as homosexuality and lesbianism, which has to do with sexual, not gender, preferences. Homosexuals and lesbians are not transgenders.
The PPP unanimously decided in about 1994/5 to propose to the Select Committee on Constitutional Reform established by the Sixth Parliament (1992-1997) that a president should serve only two terms. I led the delegation, which included former President Donald Ramotar, and presented the PPP’s position.
The PPP presented the same position to the Constitutional Reform Commission (1999-2000), which I chaired. Its delegation was led by former President Donald Ramotar, then General Secretary. The two-term presidential limit, supported by the PNCR, was adopted by the Constitution Reform Commission and formed part of its recommendations. Article 90(3) of the Constitution was duly amended by Act No. 17 of 2001, unanimously passed in the National Assembly, to limit the presidential terms to two.
Many may remember that the Judicial Service Commission (“JSC”) recommended the appointment of prominent lawyer Miles Fitzpatrick as an acting Judge in the early 1970s. Mr. Fitzpatrick then turned up at State House on the appointed day to be sworn in by the then President, His Excellency Arthur Chung. The President failed to appear, in his own house. The swearing-in was aborted and Mr. Fitzpatrick was never appointed. The Independence Constitution and its 1980 substitute provided that the President “may appoint” judges who were recommended by the JSC.
In 2001 the authority of the JSC was strengthened, and the discretion of the President was removed, by the substitution of “shall” for “may.” Article 128(1) now provides that Judges other than the Chancellor and Chief Justice are appointed by the President “who shall act in accordance with the advice of the Judicial Service Commission.” Article 128(2) now provides that “the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may be.” These amendments were based on the recommendations of the Constitution Reform Commission (“CRC”) in 2000.