Conversation Tree

GUYANA STANDS BEHIND CCJ, SAYS V.P. GREENIDGE

The PNCR appears to have had no difficulty in accepting the Caribbean Court of Justice (CCJ) in its appellate jurisdiction. The CCJ was established in 2005. As a court of original jurisdiction its function is to interpret and apply the Revised Treaty of Chaguaramas which established the Carribean Community. Hoping that it would replace the Judicial Committee of the Privy Council (JCPC) as the final court for most of the region, the Heads of Government agreed to clothe the CCJ with an appellate jurisdiction to determine appeals in civil and criminal matters for member states which cease to allow appeals to the JCPC and accede to the jurisdiction of the CCJ. In 1999-2000 the PNCR agreed, without having to be persuaded, to a recommendation by the Constitutional Reform Commission that the Constitution be amended to provide for Guyana’s accession to the CCJ when it was established.

In a statement published last Friday, Vice President Carl Greenidge reaffirmed the Government’s commitment to the CCJ. Notwithstanding adverse decisions and that only four Caricom countries so far have joined the Court’s appellate jurisdiction, the Government was satisfied with its competence and quality. The CCJ was in the news recently when it held that a law which provided that cross dressing for an “improper purpose” was unconstitutional. Also, the electorates of Grenada and Antigua, like St. Vincent a while back, rejected the CCJ as their final court in place of the JCPC. The steadfast support of the CCJ by the Government of Guyana is welcome to all lawyers and should be to all politicians.

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THIEVING AND CORRUPTION ARE NOW PART OF THE NATIONAL CULTURE

Firemen are first responders who are required to help and protect victims and their property. While purporting to do so, many fireman seize the opportunity to steal from victims. The stealing of property by firemen from the Fly Jamaica aircraft which had mechanical problems and landed with some difficulty at the CJIA, is a shameless and sickening disgrace. It was far more extensive than has been reported.

In the past, burglars invaded my late parents’ home and stole a number of items. Four or five policemen came to investigate and as they were leaving, one of them swiped my father’s wristwatch from a table. Some years later, firemen entered the Cameron & Shepherd building in Avenue of the Republic, where I then worked and sill do. The top floor was on fire. After they left, all movable objects of value that could be fetched out had vanished. Long before then, criminal activity by members of the disciplined forces and corruption in the society had been simmering and growing. Corruption by prison officers has reached alarming proportions. Little of consequence was done by successive governments to stop the slide. The result is that it has now escalated by leaps and bounds throughout the country. Thieving and corruption are now part of the national culture. It includes murder in the course of robbery and paid killings, including by members of the disciplined forces.

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THE SECOND SUCCESSIVE LOCAL GOVERNMENT ELECTIONS IN 45 YEARS

Prior to the announcement of the date for local government elections, there was speculation, particularly in Opposition circles, that the Government would find reasons not to hold the elections. It was believed that the Government had performed so badly that it would suffer significant losses and would not want to expose its flank, now that general elections are only two years away. The announcement in July by the Minister of Communities, Mr. Ronald Bulkan, that local government elections will be held on November 12 killed that speculation. The more significant news came later. It was reported that APNU and the AFC could not agree on a joint slate for the elections and would be going to the electorate separately. The long term viability of the coalition was put on the table. But observers welcomed the opportunity that it would give some indication of the relative strengths of the political parties, not by the number of seats they win, because of the element of the first past the post system in the elections, but by the number of votes that they obtain. Caution would have to be exercised in such assessments because of the expected low turnout, unless polls are conducted to determine the percentage turnout of supporters of each of the three contesting parties. Polls such as these complicated and are not conducted in Guyana.

The campaign has not met with great public enthusiasm. The coalition has suffered criticism from a poor economy, reports of corruption and bad governance for the Auditor General’s Report and the absence of President Granger, who has been receiving medical attention in Cuba over the past two weeks. Prime Minister Moses Nagamootoo, known as a dynamic election campaigner while in the PPP, has had to concentrate in rejuvenating the flagging fortunes of the AFC, which has been receiving very small attendances at its public meetings. It might well be that these factors will result in an especially low turnout of the governing parties’ supporters and will suppress their overall results. PNC/PNCR/APNU supporters have traditionally stayed away from the polls since the 1979 Referendum when wishing to express their disapproval.

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POST-ELECTIONS COALITION AND THE ELECTION OF THE PRESIDENT

Much discussion and debate has occurred since the elections of 2011 in relation to post-elections coalitions in Guyana. This debate advanced the false notion that our constitution prohibits such coalitions. This is absolutely untrue. This is no law or constitutional provision that prevented President Ramotar in 2011, when the PPP/C lost its absolute majority and obtained a plurality, from inviting the AFC or APNU or both, to join his government by offering a proportionate share of ministries. President Ramotar chose not to do so, preferring to head a minority government which was bound to fail, as it eventually did. The result of the elections of 2011 which exposed some disaffection of Indian support for the PPP, the PPP’s adamant hostility to a post-election coalition, its fear of the electorate by refusing to hold local government elections which would have induced the AFC to withdraw its no confidence motion and the woeful lack of vision of the PPP/C in the campaign and in government, created to conditions for a pre-elections coalition between the APNU and AFC.

POLITICAL OPPORTUNISM AND CONSTITUTIONAL REFORM

Guyana’s main political parties will only be interested in constitutional reform to transform our ethno-political system, if a sufficiently large portion of the electorate demands it. Consider the following: In free and fair elections, the PPP will obtain either the votes of the majority or of a plurality because the Indian Guyanese population is the largest single block. The PNCR will obtain the second largest number of votes because African Guyanese are the second largest block.