The total electoral devastation of the Democratic Labour Party(DLP) and the political exit door shown to former Prime Minister, Freundel Stuart, by the Barbados electorate at the elections last Thursday, is an apt and decisive answer to the vicious attack Stuart made on the Caribbean Court of Justice earlier in the week, when referring to the judges derogatorily as ‘politicians in robes.’ It is not unusual for politicians to be peeved by court decisions. Guyanese politicians have expressed ‘concern’ about issues relating to the CCJ on several occasions in the past, including the recent past.
In the UK, the developed country from which we inherited our laws and jurisprudence, and whose precedents are the most influential in the CCJ, judges and courts are regularly criticized, as they should be. But Stuart did not merely criticize; he unjustifiably attacked the CCJ for political bias and undertook to withdraw from the Court. Had he won the elections, Barbados’s withdrawal would have dealt a crushing blow to Caribbean unity and, worse, would have weakenedCaribbean jurisprudence and the rule of law in the region.
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.
Cheddi Jagan returned from studies in the United States to a British Guiana in 1943 that was a cauldron of poverty. The report of the Moyne Commission, which investigated poverty in the region in the 1930s concluded that “for the laboring population, mere subsistence was increasingly problematic.” The report was so explosive that it was not published until 1945. It weighed heavily in subsequent developments. In 1946 Cheddi Jagan, Janet Jagan, Jocelyn Hubbard and Ashton Chase, the latter two of whom were active trade unionists, formed the Political Affairs Committee (PAC). In 1947 Cheddi Jagan fought and won a seat in the Legislative Council.
The cauldron of poverty was being stirred by decades of intensified industrial unrest, prompted by the new found strength of organised labour. The British Guiana Labour Union (BGLU) was the first to be registered in the British Empire in 1922. The Man Power Citizens Association (MPCA) was registered in 1937 and represented sugar workers. The Transport Workers Union (TWU) was established in 1938 and superseded the BGLU as the largest and most militant in the city. In 1947 bauxite workers went on strike. In 1948 the successful Teare Strike led by the TWU, stopped the trains and boats and closed down the country for two weeks – unprecedented in a colony. In 1949 the Enmore strike of sugar workers took place during which five sugar workers, who became known as the Enmore Martyrs, were shot and killed. This heightened labour activity was also a feature in the Caribbean region and was prompted by a decline in sugar prices on the world market which further exacerbated poverty.
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.
The Peoples’ Progressive Party went to extraordinary lengths over ten months to find eighteen Guyanese willing to agree to have their names submitted to the President of Guyana for consideration to be appointed to one of the most difficult, controversial and thankless of jobs – Chair of the Elections Commission. Of the last six names submitted, two immediately leap out for consideration. Retired Major General Joe Singh was the highly respected Chief of Staff of the Guyana Defence Force and was a former Chair of the Elections Commission for the 2002 elections, which were credibly held. Attorney at Law Teni Housty is a well-respected, well-qualified, senior, experienced, lawyer and former President of the Guyana Bar Association. Many of the other nominees are also well qualified but no one can seriously assert that the political persuasion of either of these gentlemen, if any, would influence their decisions. Many observers expected, or at least hoped, that President Granger would find suitable persons from the last six.
The PPP has announced that it will mount a constitutional challenge to the President’s appointment. The best time for this was after the President had rejected the first six names and in doing so had suggested that the names should be of only judges, former judges or persons qualified to be judges. The results of the case which was filed after the Leader of the Opposition had submitted a second set of names, showed that it could have been possible to obtain an order from the court directing the President to choose a name from that first six. The Leader of the Opposition having submitted two further sets of six names, each at the invitation of the President, for understandable reasons, has deprived him of the opportunity of having an order in relation to the first six names.