Bar Association proposes formula for genuine participation


Guyana Chronicle
May 17, 1999


THE Guyana Bar Association is proposing the abandonment of the Westminster model of government for an "agreed formula for genuine participation" in its contribution for the reform of the country's 1980 Constitution.

The Association, which made its oral presentation to the Constitution Reform Commission last week, argued that the Westminster model, which empowers the winning party to be the sole repository of executive power, should be done away with.

"This examination continues to demonstrate that the Westminster model is ill-suited to growth and development of multi-ethnic societies, particularly where voting generally takes place along ethnic lines," the submission made by executive member of the association, Mr Nigel Hughes said.

Hughes was backed by President, Mr Miles Fitzpatrick, Secretary, Mr Vidyanad Persaud, Mr Khemraj Ramjattan, Ms Melanie Clarke and Ms Louise Blenman.

Fitzpatrick and Persaud are on the Constitution Commission, with the former representing the interests of the legal profession.

Hughes, who made his opening very short, explained that since all Commissioners had the document, there was no need to read it out fully, noting that he would simply take clarifications from the members.

The introduction to the submission contended that out of the last General Elections in December of 1997, "two strongly held views emerged".

"One side holds that democracy has been served a `winner'...the other side holds that the `winner' has embarked on a policy of exclusion, restricting access to opportunity and ensuring permanent marginalisation of minorities," the document stated.

"...Constitutional Reform should aim to reach agreement on those fundamental norms, policies and practices that create a society where all people feel secure about their individual and collective future, and the creation of a society in which social, economic and political interaction is constantly being lubricated in ways that challenge people to address problems and grasp opportunities."

The submission argued that democracy is not possible where a country's voting is based on ethnic preference, stressing that objective assessment of political stewardship and performance often times become a non-issue.

"...the inevitable implication of this analysis is that political compromise between the two major parties in Guyana is a sine qua non (a necessary condition) for serious societal progress of any fundamental kind. The PPP/Civic (People's Progressive Party Civic) and the PNC (People's National Congress) on the other, widely and rightly seen as the predominant standard-bearers of the major ethnic groups are charged with achieving this compromise," the Association's presentation declared.

The Bar Association proposes that Guyana's problems can best be battled by the following ways:

* a vision of a multi-ethnic society in which each individual is secure in the knowledge that hard work, thrift, sacrifice and excellence are the values that will enable the building of a compassionate, just and open society in which every ethnic group, including our indigenous peoples, can feel free to live and develop its culture and institutions in a spirit of tolerance and equality;

* an electoral system that enhances governance at the community and regional levels, increases community participation and aims to reduce the incidence of ethnic voting;

* a public administrative structure that energises community participation and encourages competence, professionalism and the development of community consensus on vital local, regional and national interests;

* a Parliament maintaining the highest standards of public accountability thereby facilitating the contributions to rational decision making of all its elements and which does not perceive the pursuit of these goals as damaging to the prospects of their preferment;

* an independent and capable judiciary that is dedicated only to upholding the Constitution, the rule of law and the protection of individual and community rights;

* disciplined forces reflecting the composition of the whole society and loyal to the Constitution and not a single party or community interests; and

* participatory Constitutional systems, structures and instruments that protect and monitor the rights of all to equal opportunity and treatment.

The Association also posited that a non-executive President with important non-ceremonial functions should be named, elected by two-thirds of the votes of the lower chamber.

"This is intended to ensure that the President is a person whose stature is (hopefully) above political party faction and who represents a broad consensus," the submission offered.

The contribution opts for a bi-cameral Parliament, with the upper Chamber or Senate, elected or appointed in such a manner as to counter-balance single-party control of the lower House.

Such a Senate, the submission stated, should be partly elected from each of the ten Regions, and partly appointed-ten Senators appointed by the Head of State from civil society.

The Bar Association called for a decentralisation of the local Government system, describing the present structures as too "cumbersome and unrealistic".

For the Judicature, the submission suggests that the Head of the Judiciary should be appointed by the non-executive President after appropriate consultation and with the approval of the Upper Chamber.

The Bar Association also called for a revision of the fundamental rights provision in the new Constitution, noting that gender rights should be included in the equality provisions.


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Guyana: Land of Six Peoples