Historic racial discrimination law approved
by Wendella Davidson
FOR the first time in the history of this country, legislation is in place with provisions for persons to seek recourse if they are discriminated against on the grounds of race.
The National Assembly, as was expected, yesterday unanimously approved the historic Ethnic Relations Commission Tribunal Bill 2000.
There were, however, some differences as Opposition parties strongly argued for the Judicial Service Commission (JSC) to be given certain powers instead of the Public Service Commission (PSC) by amending Clause Three.
Alliance For Guyana (AFG) representative, Dr Rupert Roopnaraine proposed that the reference to the PSC be changed for the JSC.
That did not find favour among the Government benches and a proposal by PPP/Civic member, Mr Moses Nagamootoo for an amendment to be reflected in Clause Four instead, was carried by a 31 to 21 vote.
Before the amendment Clause Four read "the President on the advice of the...JSC shall by notice in writing, remove from office any member of the Tribunal for inability to perform the functions of his office, whether arising from infirmity of mind and body, or for misbehaviour or on the ground of any employment or interest which is incompatible with the functions of the Tribunal."
The words "any member" were replaced with "Chairman of the Tribunal" and the clause ending with the addition "and this provision shall apply...to the two members appointed under Section Two (1) (b) on the advice of the Public Service Commission."
The motion was seconded by Mr George Fung-On, Minister in the Office of the President with responsibility for Public Service, who in lending his support pointed out that the appointments under scrutiny will be made by the President and not the PSC as was being feared.
At the last sitting of the National Assembly Monday, passage of the bill was delayed until yesterday after Roopnaraine wondered whether inclusion of `PSC' in the clause was by error.
Yesterday, Minister of Parliamentary Affairs, Mr Reepu Daman Persaud, who successfully piloted the bill through all its stages, reported that after careful research it was determined that there was "no such error" as was suggested.
He cited Article 193 (3) of the Constitution to substantiate his claim.
According to Persaud, the inclusion was as a result of a conscious move by the Constitutional Reform Commission (CRC) in which the bill has its genesis.
But Roopnaraine argued it was not true to say there was no error and referred to the Explanatory Section of the bill. He noted that at no time did the Oversight Committee, of which he was a part, decide on that issue and suggested that the work was that of the team that drafted the bill.
He contended too that the tribunal is judicial in essence and asked if Clause Three is correct, why is the JSC in Sub-clause Four being asked to remove the members if they fail to function.
Why the insistence of having the PSC dabbling in judicial issues, he asked.
Referring to the explanatory memorandum, Persaud said it serves to explain and is not a bill.
The tribunal should not be viewed as legalistic, as it would have to consider matters of an ethnic nature and dealing with race relations, he argued.
Nagamootoo, the former Information Minister who was Chairman of the Oversight Committee (OSC), referred to the final report of the OSC. He admitted to initially being tempted to concede that an error was effected, but said research showed differently.
It is not the intention to set up a purely judicial commission and there must be a place for redress, he said.
It would also be absurd for an appointment of a public servant to be effected without the PSC being consulted, he noted.
The Ethnic Relations Commission Tribunal Bill 2000, for which a two-thirds majority was required for passage in the Assembly, provides for the establishment of a three-member Ethnic Relations Commission Tribunal.
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.
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 held 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 proceedings and other offences and timeframe for the handing down decisions.
Yesterday too, the Assembly also using the required two-thirds majority and gaining the support of all the Opposition parties, passed the Constitution Amendment Bill 2000, which alters a number of articles of the Constitution dealing with the Presidency.
These include:
** the requirement of a resident qualification for anyone seeking to be elected to the office of President, and that such a person with effect from the upcoming general elections is only eligible for re-election once.
** That a person not eligible for election as President cannot be eligible for appointment as Prime Minister.
** To limit the number of Ministers and Parliamentary Secretaries who can be appointed from among non-elected members of the National Assembly to four and two, respectively.
** Provide for the resignation of the Cabinet and the President following the defeat of the government in the National Assembly on a vote of confidence.
But although the government is defeated, it will be allowed to remain in office for the purpose of holding an election.
** Removal of the power of the President to dissolve Parliament if the National Assembly by two-thirds of all elected members resolve that the President has been guilty of a violation of the Constitution.
** Repealing a previous clause by which the President was immune to prosecution.
Passed unanimously too was a Bill amending the Local Authorities (Elections) Act to allow the postponement of election of councillors of local democratic organs. It was piloted by Minister of Local Government and Regional Development, Mr Harripersaud Nokta.
Meanwhile, the government used its majority in the House to pass Supplementary Estimates (Current and Capital), totalling $915,064,485, for the period ending November 24, 2000.
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