A CONSENSUAL MECHANISM


The Report of the Constitutional Reform Commission (CRC) dated July 17, 1997, recommended at clause 9.9.3.4. that the Chancellor and Chief Justice should be appointed through a ‘consensual mechanism.’ Both the Independence and the Burnham Constitutions had provided that for certain appointments, including the Chancellor (after the Court of Appeal and the post of Chancellor was created in 1970) and Chief Justice, the Head of Government must ‘consult’ with the Leader of the Opposition. As everyone knows, these ‘consultations’ became a perfunctory farce during Burnham’s time in office but was somewhat mitigated during Hoyte’s tenure.

By the time the CRC was deliberating in 1999, the situation in relation to consultation had changed. The PPP/C had been in Government since 1992, and had begun to observe the provisions of the Constitution relating to consultation with the Opposition. However, during the deliberations in the CRC, members felt that in order to prevent a situation such as existed during the PNC’s terms of office from recurring, it was necessary to strengthen the language, and thereby the practice, about consultation. Thus wherever consultation was provided for in the Constitution, the word ‘meaningful’ was added so that the requirement became ‘meaningful consultation.’

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SN + KN + MN + RR + KR = 0


While the local television news was being read during last week, my attention was attracted to the announcement by the interviewee at a press conference to pay attention to the ‘algebraic’ equation about to be announced. The journalists were cautioned that they might not understand if they did not listen carefully. I listened and was baffled.

A few days after I was engaged in a court trial in which Messrs Khemraj Ramjattan and Nigel Hughes were on the opposite side. Moses Nagamootoo, while waiting his matter in another Court, came in to listen to the proceedings, as lawyers often do. During a pause I asked if they understood the ‘algebraic’ equation. They were all in  deep bafflement.

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GUYANA’S ECONOMY


Guyana’s economy has been the focus of attention over the past two weeks with the recent Investment Conference. In the keynote address by the President of the CDB, Dr. Warren Smith, Guyana’s economic progress was commended. Recent growth figures, though modest, have been a cause for optimism, especially since most countries in the region have been struggling. However, this must be assessed on the basis of the past. The economic problems triggered by mismanagement, corruption and the oil crisis from the early 1970s were only interrupted between the second half of the Hoyte years and the Jagan presidency when it showed some growth. Thereafter growth again slowed for nearly a decade and resumed about four years ago.

The economy bequeathed to us in 1966 consisted of the export of sugar, rice and bauxite. Over forty-five years later, in 2013, the economy consists essentially of the same features, exporting mainly sugar, rice, bauxite, forest products and gold. Bauxite exports have reduced substantially since the 1970s and sugar is struggling. Our exports have little or no value added. In other words, there has been no significant structural change in our export profile for nearly fifty years. While the buoyant prices for commodity and raw material exports and remittances have been the main reason for our economic performance over the past four years or so, the dangers of reliance on this model is palpable. The sharp and continuing drop in gold prices speaks to the dangers.

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RESTRUCTURING AND REORGANISING THE PPP


That the current structure of the PPP is no longer effective, accountable and democratic is clearly indicated by the fact that  since I became a member of the PPP’s leading bodies in the early 1970s, none of these bodies have ever had a financial report, despite the fact that a Secretary for Finance is elected by the new Central Committee after every Congress. The records of Party Congresses up to the 1960s show that at every Congress, which was then held every year, a financial report was given by the Treasurer who, like other officers, was elected by and accountable to, the Congress. No officer is elected any longer by the Congress and no officer gives an individual report except for the now defunct body for the few years of its active existence, the Auditing and Controls Commission.

This situation is evidence that the Party structure implemented by the Constitution in 1977, intended to create a disciplined Party able to survive in authoritarian conditions, has degenerated into a centralized mechanism with no accountability. This is best demonstrated by the fact that only the centralized Central Committee Report is delivered at the Congress. Individuality and individual responsibility have been submerged by collectivity. There is no possibility for a young MP to bring the Congress to its feet and go on to be nominated for President like the youthful Barack Obama, although we have had our experiment with youth, promoted under centralized circumstances, and likely to have it again, emerging from similar circumstances.

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THE KLEPTOCRATIC REPUBLIC OF GUYANA


Since the last elections several revelations have emerged of corrupt, and even potentially criminal, activities by persons currently or previously associated with the PPP and who have friends in the leadership or access thereto. Corruption has become so pervasive that it is no longer possible to keep the evidence away from the Press and the Police. And most important, none of them have come to light as a result of any action initiated by the Government without prior exposure. It is now clear that the adamancy of the Government and the PPP in refusing to acknowledge the level of corruption in the society, and to do something about it, is linked to where the corruption is located. It is not known whether Government spokespersons are still so blind about corruption that they are still asking, where is the evidence? Guyana will soon qualify as  The Kleptocratic Republic of Guyana.

An important clarification needs to be made. There are thousands of public servants, businessmen, contractors and others who perform services of a high quality with dedication and integrity. In any discussion on the issue of corruption they must always be acknowledged.

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