Mechanisms in place to foster good governance By Analyst
Guyana Chronicle
August 25, 2002

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ARTICLE 13 of the Constitution reads as follows:

"The Principal objective of the political system of the State is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organisations in the management and decision making processes of the State, with particular emphasis on those areas of decision-making that directly affect their well-being".

This article has to be read in conjunction with Article 39 (1) dealing with guiding principles and objectives.

Article 39 in effect is an exhortation to be guided by the principles of Chapter 2.

But it is most significant that included in this paragraph is the Statement, "Parliament may provide for any of those principles to be enforced in any court or tribunal."

So it is only where, and the extent to which, such law provides for the enforcement of any such principle, and not otherwise, shall that principle be enforceable in any court or tribunal.

It is posited that good governance is predicated on this article.

That is indeed so but good governance stems from every article of the Constitution.

If the spirit of the Constitution as a whole is observed then the objectives of the political system adumbrated in Article 13 would in large measure be observed.

The Constitutional Reform Commission, mindful of the need for all to be involved in the decision making process of the State, caused to be effected a number of important alternations to the Constitution to enhance participatory democracy.

To name a few, Article 90 now states that a person elected as President after 2000 is eligible for re-election only once.

Article 106 now provides for the resignation of the Cabinet and President following the defeat of the Government in the National Assembly on a vote of confidence.

Article 156 (3) prohibits crossing the floor.

Article 160 introduces representation through geographical constituencies in the10 Regions of Guyana.

A new Article 160 (a) prohibits political parties from causing ethnic divisions.

Article 121 (a) to (f) established the Ethnic Relations Commission. The Commission has all embracing functions, all designed to propagate racial harmony.

It is the consensus of political parties and the whole body politic that the Ethnic Relations Commission should be a sincere effort to heal the problems of racial problems, to promote ethnic harmony and good relations among persons of different ethnic groups.

A new Article 119 (a) provides for a Parliamentary Standing Committee for Constitutional Reform which shall continually review the working of the Constitution with a view to making proposals for Constitutional Reform.

A new Article 122 (a) states that all Courts shall exercise their functions independently of the control and direction of any other person or authority and shall be free and independent from political, executive and any other form of direction and control.

Under Article 198, one of the appointed members of the Judicial Service Commission is appointed by the President after meaningful consultations with the Leader of the Opposition, and the others after the National Assembly has meaningfully consulted the relevant bodies and signified its choice of members to the President.

Twenty-eight new articles, Articles 212 (G) to 212 (FF), dealing with the Rights Commissions and the Procurement Commissions have been inserted in the Constitution.

These Commissions were envisaged to contribute significantly to the making of a healthy body politic, like so many other aspects of the reform of the Constitution that were effected.

Articles 212 (N) - 212 (P) deal with the Human Rights Commission. This Commission shall promote the observance of and respect for, and protect and investigate violations of the rights recognised by the Constitution and only other law relating to equality of opportunity and treatment.

The Women and Gender Equality Commission in Article 212 (Q) and 212 (R) is designed to promote national recognition and acceptance that Woman's Rights are Human Rights, respect for gender equality and gender development and attainment of gender equality.

The Indigenous People's Commissions shall establish mechanisms to enhance the status of indigenous people and to respond to their legitimate demands and needs.

The Rights of the Child Commission is included to enhance the well being and the rights of the child.

Nine articles, Articles 212 (W) to 212 (EE) deal with the establishment and functions of the Procurement Commission. This Commission is to monitor public procurement and the procedures therefor in order to ensure that the procurement of goods and services and execution of works are conducted in a fair, equitable, transparent, competitive and cost effective manner according to law. Happily we now have a Procurement Act 2002.

Perhaps it should be observed that the noble intentions behind the Constitutional Amendments have been frustrated by the inability on the part of the two major parties to fulfill their obligations under Article 119(C) which states as follows:

There shall be Standing Committee of the National Assembly which shall have responsibility for initiating or otherwise taking such action or addressing such matters as may be entrusted to the Committee by the National Assembly in respect of the functions required to be discharged by the Assembly under the Constitution in relation to the appointment of a member of a Commission established under the Constitution."

Perhaps, one should once again mention Article 13 which reads:

"The principal objective of the political system of the State is to extend socialist democracy by providing increasing opportunities for the participation of citizens in the management and decision making processes of the State."

Whereas this article laid emphasis on extending socialist democracy, this concept has been abandoned throughout the Constitution, and the new Article 13 quoted in the opening paragraph of this note lays emphasis on inclusionary democracy with the particular emphasis on the decision making that directly affects the well being of citizens.

The Government and the entire Cabinet and their functioning have been in strict accord with the Constitution.

There has been absolutely no violation of the Constitution. No such violation has been pointed out.

If we are to look, for instance, at Article 99, the executive authority of Guyana is vested in the President and subject to the provisions of the Constitution those functions may be exercised by him directly or through officers subordinate to him.

Further, Article 106 speaks of there being a Cabinet for Guyana comprising the President, Prime Minister and other Ministers appointed by the President.

It is specifically stated that the Cabinet shall aid and advise the President in the general direction and control of the Government and that is what is presently in operation in Guyana.

Following the general elections the stage was all set for functional democracy; even the Leader of the Opposition was elected in the National Assembly.

The National Assembly, conducting its business in accordance with the Constitution, passed a number of important Bills sometimes with the full approval of the Opposition parties.

All this, it is submitted, point to good governance.