ABOLISH JURY TRIALS


In 1978 the PNC administration proposed the Administration of Justice Bill which sought, among other things, to increase the number of offences which could be tried summarily, that is to say, before a Magistrate. These offences which were known as indictable offences, were heard before a Judge and jury. There was great opposition to the Bill in the legal profession across the political divide on the ground that it was an attempt to abolish jury trials. A strike was called which was supported almost unanimously by the entire Bar. A picketing demonstration was held outside the Parliament Building. Even though these were dangerous times, the demonstration was a great success. The Bill was eventually passed with some modifications but the number of indictable offences reduced, or capable of being reduced, to summary offences, was increased. It meant that jury trials for a number of offences was abolished.

It is not known whether the suspicion that the Government was attempting to abolish jury trials was accurate. Such suspicions about legal and other matters abounded at the time because of the undemocratic nature of the regime in power and the belief that every effort was being made to deprive Guyanese of rights which had long been won. The right to vote had already been lost. No further attempt was made to expand the list of indictable offences to summary offences which can be tried before a magistrate.

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DECRIMINALISING ALTERNATIVE LIFESTYLES


More than fifty years ago the United Kingdom gave recognition to a reality that had existed for centuries or even millennia. It decriminalized homosexual acts by repealing legislation which made these acts illegal by providing that consenting adults are not guilty for such acts done in private. Such legislation, inherited from our colonial masters, who repealed them fifty years ago, is still on our books.

President Obama has now announced support for marriage between persons of the same sex. It was big news in the United States. The idea was not new because several states in the US, including New York, had already changed their laws to allow same sex marriage. But it is the first time a President has endorsed same sex marriage. It is likely to be a controversial campaign issue in the US elections in November because social conservatism is strong in the US. But President Obama must have felt politically safe in coming out in support of same sex marriage because, despite conservative opposition, the issue has attracted the support of a majority of Americans.

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I CANNOT BELIEVE THAT THIS IS HAPPENING AGAIN


The sense of déjà vu cannot be avoided. It took a while coming this time. But the refrain by APNU immediately after the elections about irregularities gave a hint of what was to come. Notwithstanding earlier assurances by Opposition leaders that their examination of the Statements of Poll would not show that the final results would have been affected by any irregularities that they are likely to discover, they have now discovered that the election results are not a reliable basis to find that Donald Ramotar won the Presidency.  What happened?

The PNC in its various incarnations has never overcome the legacy of a self induced belief, engendered by a long history of rigged elections, that it has the support of the majority of the people of Guyana. And at every elections it propounds that delusion, inducing in its supporters the unrealistic expectation of victory at the polls. The disappointment when the election results are announced, after they have been promised victory, has been so overwhelming to Opposition supporters, that it has resulted in extensive post election violence after three of the five elections since 1992. The inability of the PNC to accept that any election results in Guyana are free and fair, as has been decisively pronounced by every overseas election observer since 1992, as well as the highly respected EAB, is founded in its obstinateembrace of a myth of electoral rectitude and superiority.

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UBUNTU


The year 2011 has been proclaimed by the United Nations General Assembly as the International Year of People of African Descent. My first article for this year commemorates this significant event by reviewing some ideas and views that shaped the character and motivated the sacrifices of the greatest African, and the most admired human being, alive today.

Ubuntu is an African concept which means that we are only human through the humanity of others; that if we accomplish anything it will be equally due to the achievements of others. Mandela explained this concept in the Preface to a book, Mandela’s Way, as one which is understood by its author, Richard Stengel, who had collaborated with him in the arduous task of writing Long Walk to Freedom. Mandela’s modesty would not allow him to tell us that he achieved anything in his lifetime. But his explanation of the concept allows him to tell us in a manner as elegant as the man himself, that if Stengel attributes any successes to him, it was equally due to the efforts and sacrifices of his colleagues.

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WIKILEAKS


When WikiLeaks was exposing countries such as China and Kenya, it was hailed in the West as a valuable addition to journalistic endeavours to bring information to the public. In June 2009 it was awarded the New Media Award by the Economist Magazine. The following year it was awarded the New Media Award by Amnesty International. Now that it has begun exposing the West, attitudes have been transformed and WikiLeaks in now seen as an enemy. Calls are being made for its founder, Julian Assange, an Australian, to be charged with spying. He is in hiding and WikiLeaks is being denied internet facilities by Amazon which means that access to websites in the US are being shut down. Reports suggest that Amazon has been pressured by the US Administration to deny WikiLeaks access to internet facilities. Amazon has not commented on these reports.

All countries need confidentiality for the conduct of diplomatic activity. Unless this prevails international contact will be reduced and international relations will be severely obstructed. No diplomat would knowingly engage in frank exchange of views among his/her colleagues or with friendly countries. Lack of or reduced contact will give rise to misunderstandings. Tensions will rise. War might ensue, particularly in trouble spots. While no one should defend the promotion of ‘wrongdoing’ or ‘unethical’ behavior by developed countries, or any country for that matter, under the cover of diplomatic confidentiality – and there appears to be some of this exposed by the leaked cables – nevertheless the greater evil is the disruption of diplomatic intercourse. Thankfully, it appears that the leaks will not damage this process. No doubt diplomats and countries will be more circumspect and greater efforts will be made to protect the secrecy of communication.

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