Clause holds up passage of historic race relations laws
by Wendella Davidson
PASSAGE of historic race relations laws was delayed yesterday in the National Assembly because of misgivings about reference to the Public Service Commission in a clause.
As a result, the Ethnic Relations Tribunal Bill 2000, which the three Opposition parties in Parliament yesterday indicated they will support, comes up again in the National Assembly Friday for its third reading and possible passage.
Minister of Parliamentary Affairs, Mr Reepu Daman Persaud yesterday called for an adjournment of the National Assembly to Friday to allow legal experts to determine whether the words `Public Service Commission (PSC)' were included by error in Clause Three (B) of the legislation dealing with the composition of the tribunal.
The contentious clause reads "two members to be appointed by the President, who shall act in accordance with the advice of the Public Service Commission (PSC), from among persons, qualified as having had experience in, and shown capacity in, matters relating to race relations and ethnicity."
Alliance For Guyana (AFG) representative in the National Assembly, Dr Rupert Roopnaraine, who drew attention to the contentious clause, feels that such a responsibility should be in the ambit of the Judicial Service Commission (JSC).
He also proposed amendments to the second schedule dealing with the consensual mechanisms for the nomination by entities of members of the Ethnic Relations Commission (ERC), which were all accepted.
These were unanimously supported by 55 voting members in the National Assembly yesterday.
The AFG representative lauded the spirit in which the main Opposition People's National Congress (PNC) supported the bill, saying it was a good sign.
PNC Parliamentarians Mr Raphael Trotman and Mr Lance Carberry in their presentations stated that the PNC finds favour with the general intention of the bill and urged that the implementation take place swiftly.
Carberry suggested that the ERC should be in place in time for the March 19 elections.
Trotman, however, alluded to Clause 3 and said that while that aspect of the legislation sets out the manner of appointment of the Chairperson and members of the Commission, which is an acceptable move, the PNC fears that the holder of the Office of President, whoever the individual is, may eventually ignore the recommendations of the JSC and refuse to accept its recommendations.
The holder may also make appointments in keeping with his or her own personal, partisan and peculiar interests, he said.
Trotman noted that the legislation which is being presented was some four months after the Constitution Relations Commission Act 2000.
And according to him, the PNC is satisfied that the contents "capture the true intentions of the negotiations and dialogue" between the various stakeholders in the Constitutional Reform Process (CRC).
Mr Manzoor Nadir, Leader of the United Force, meanwhile, contended that though his party supports the bill in principle, there should be a delay in the second reading to Friday, as a result of the observations raised by his parliamentary colleagues, Trotman and Roopnaraine.
Earlier, Persaud who introduced the bill and successfully piloted it through the first and second stages, said it had its genesis in the Constitutional Amendment Bill No 11 of 2000, legislation that emerged from the Constitution Amendment.
While it adequately covers the direction of the supreme authority, the Constitution, the bill, he further explained, provides for the establishment of a three-member Ethnic Relations Commission Tribunal.
He noted that for the first time in the history of the country, there is somewhere to which persons can appeal unfavourable decisions made by the Ethnic Relations Commission.
The commission will be headed by a judge or person who will be appointed by the President as advised by the JSC.
All three members will be appointed by instrument and serve for a period of three years.
And, should there be any change in the membership, it must be made public in the Official Gazette.
In addition, the President is vested with the power to, on the advice of the JSC and by notice in writing, remove from office any member of the tribunal for inefficiency on the job.
Disqualification of the appointment of any member of tribunal can be effected too, if the member belongs to the Ethnic Relations Commission or the Human Rights Commission.
However, while the bill provides for the headquarters of the tribunal to be located in Georgetown, it may hold sittings in any part of the country.
A registrar will be appointed who will also hold the post of Chief Executive Officer.
Other aspects for which provisions are made include, the parties to hear the appeal; hearing of the appeal; absence of parties at the hearing; admission of evidence; powers of the Bench to summon and examine witnesses, as well as the duty of the witnesses; penalties for interruption of the proceeding and other offences and timeframe for the handing down of decisions.
Meanwhile, the occasion was a history-making one for PPP/Civic Parliamentarian Mr Robeson Benn, who made his maiden speech yesterday, speaking in support of the bill.
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