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.
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.
The basis of Guyana’s political outcomes has remained static for many decades. With deeply entrenched ethnic voting patterns, Indian Guyanese, originally constituting close to 50 percent of the population, would always have the upper hand. The two elections in 1957 and 1961 demonstrated to the African Guyanese political leadership that if it wanted political power, it would have to obtain it in coalition and later sustain it through electoral malpractice. And so, after the 1964 elections, in which the PPP obtained the plurality, the PNC and UF, together holding a majority of the seats in the parliament, formed a coalition government. The coalition ended in 1968 and the PNC resorted to electoral malpractice thereafter to maintain political power.
In 1957 the PNC merged with the United Democratic Party (UDP). The UDP, led by John Carter, a prominent lawyer of Mixed heritage, represented the interests of the Mixed and African middle and professional classes. At some point between 1973 and 1985 the support of these groups for the PNC started to wane. But it mostly returned with the election of Desmond Hoyte as President. These groups showed their electoral clout in 2006 when a section of it abandoned the PNC and supported the AFC. Many of these votes went back to the PNC after the election of David Granger as its leader, but it is believed that a significant number remained with the AFC. At the 2011 elections the APNU obtained 40.81 percent of the votes, much in line with its record in free and fair elections, and the AFC got 10.32. The AFC benefited from the loss of between 5 to 7 percent of its votes from previous elections. It obtained 48.60 percent.
There are frequent, frustrated, refrains from observers that it is Guyana’s political parties that are mainly responsible for promoting the culture of ethnic dominance and without it, Guyana’s politics would not be dominated by race and instability. This is not true. Guyana’s main political parties reflect the social, economic and political aspirations of the people of Guyana. The fundamental feature of Guyana which determines these aspirations is its ethnic composition and history. This has been characterized mainly by separate struggles against employers and the colonial state for survival. The lesson that has been learnt is that whoever controls the state controls the distribution of its limited resources. The struggle for control of the state was a natural outcome of the nature of our main political parties and their fundamental, though unspoken political objective – ethno-political dominance.
By the time the first popular political party, the Peoples’ Progressive Party (PPP), emerged, it was recognized that ethno-political dominance, which had already reared its head after the second world war, was a negative phenomenon that will hinder Guyana’s political development and its main objective of Independence from Britain. The PPP was therefore organized with a multi-ethnic, multi-class, leadership. It attracted widespread support. However, as is well known, colonialist intrigues and internal opportunism led to what was in effect a departure of the “moderate” faction of the PPP. That faction later became the African led Peoples’ National Congress (PNC) which got its support mainly from the African Guyanese workers and farmers. Its merger shortly after with the United Democratic Party (UDP) brought support from mixed Guyanese and African middle class. Indian Guyanese gave their support to the PPP.
The spectacular discoveries of oil in offshore Guyana, with promises of a glowing future, must be tempered with what that future really means and with the realities of today. It appears that Guyana stands to receive $US300 million a year for the first five years after production commences and a little over that sum for the twenty years thereafter. The size of Guyana’s economy is $US1.2 billion. This means that Guyana’s economy will increase by one-fifth as a result of oil revenue. This will be a significant boost but by no means a spectacular transformation. This figure is probably based on production of 100,000 barrels a day. It may well be that Exxon will produce far more than that amount for various economic reasons. While all of this is in the future, Guyana has pressing economic and political problems that require immediate solutions.
The dismissal of thousands of sugar workers will intensify poverty and crime across Guyana, particularly in the areas affected by the closures. Communities will deteriorate, drug taking and alcohol abuse will intensify and the economy will suffer from reduced spending. All of this will impact negatively on economic growth for 2018. By the time divestment concludes and some job opportunities emerge, the damage to the communities and their inhabitants would already have occurred. There is no immediate potential investment in Guyana’s economy on a scale large enough to absorb the dismissed sugar workers, or even a portion of them, that will make a difference to their dire situation. Any impact that a new oil industry may have is at least ten years away. By this time, an entire generation of workers and their children will be lost to productive labour by a decade of deprivation.