RUDISA AND THE GOVERNANCE OF GUYANA

Written by Ralph Ramkarran
Saturday, 17th May 2014, 7:00 pm

The case of Rudisa Beverages and Juices (Rudisa”) v The State of Guyana, decided by the Caribbean Court of Justice (“CCJ”) on May 8, 2014, exposes not only the state of governance in Guyana over the past two decades but also symbolizes the complete loss of Guyana’s ability to achieve political agreement on any matter of consequence.

Rudisa, a Surinam company, produces and sells beverages in non-returnable containers. Caribbean International Distributors Inc. (“CIDI”), a locally owned subsidiary of Rudisa, imports and sells them in Guyana. They alleged that the imposition by Guyana in 1995, by section 7A of the Customs Act, of an environmental levy or tax of $10 on all imported non-returnable beverage containers imported into Guyana, was discriminatory and amounted to a violation of the Revised Treaty of Chaguaramas (“RTC”) passed into Guyana law in 2006.

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THE WAR OF THE CLERKS

Written by Ralph Ramkarran
Saturday, 10th May 2014, 7:00 pm

Events at City Hall once again intruded into national consciousness and demanded the nation’s attention amidst the major concerns of budget cuts, the AML/CFT Bill, the LEAD Programme, the Rodney Inquiry and local government elections.

It is not yet known if the indomitable Mayor Green has finally met his match but his resourcefulness is being tested. The Mayor and Councillors were denied access to the hallowed Council Chamber by Ms. Carol Sooba, the acting Town Clerk, to hold a meeting of the Council. Ms. Sooba, in a legal conclusion, ruled that the meeting was ‘tainted with illegalities.’ The Mayor then convened the meeting in the compound of the tottering City Hall Building, from the roof of which pieces of the building are known to fall from time to time. The Council elected its own Town Clerk, Mr. Royston King. The fallout from the War of the Clerks that is about to erupt.

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THE WALTER RODNEY INQUIRY

Written by Ralph Ramkarran
Saturday, 3rd May 2014, 7:00 pm

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

Written by Ralph Ramkarran
Saturday, 26th April 2014, 7:00 pm

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

Written by Ralph Ramkarran
Saturday, 19th April 2014, 7:00 pm

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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