Agreed reforms can lead to parliamentary autonomy
- But research and other facilities are needed

The jury is still out on the effectiveness of the parliamentary reforms to consolidate the independence of the National Assembly as an institution of governance and to enable it to better scrutinise and monitor the policies and programmes of the government.

The reforms are as a result of recommendations made by the Constitution Reform Commission and approved by the parliament as well as the 1998 St Lucia Statement. The St Lucia Statement recommended the establishment of a parliamentary management committee to better manage the business of parliament and to give the parliamentary opposition a say in the conduct of that business. It was on the basis of this and other recommendations that the PNC, as it was then, decided to take up the seats allocated to it based on the tally of votes it received at the December 1997 general elections.

The main vehicles for doing these things are the parliamentary sector committees and the parliamentary management committee that the parties agreed in July 1998 to set up.

The reforms, agreed to mainly in 2002 and most of which were given legislative form in 2001, were operationalised after the signing of the May 6, Communiqué by President Bharrat Jagdeo and Leader of the Opposition, Robert Corbin. Agreement on their implementation was reached after more than a year of haggling between the two parties as to how best they should be put in place to achieve the intended objectives of the reforms, as each party perceives them.

Indicative of these differing perceptions are the views of the Speaker of the National Assembly and that of the parliamentary opposition as to the rationale for the reforms. It should be noted that both government and opposition unanimously supported the legislation that put the reforms into effect while still divided, for instance, as to whether the sector committees should be chaired by the opposition or not. In the end they compromised about the chairmanship, with the government chairing two and the opposition the other two.

The Speaker, Ralph Ramkarran SC, who chaired the Constitution Reform Commission (CRC) and is an executive member of the PPP/C, says that the reforms are intended “to bring the functioning of the (Guyana) parliament up to date with the functioning of other parliaments in the region and outside the region”.

“So the intention of the reforms were to bring our parliament up to date so that

parliament can have a greater input in policy-making and greater monitoring capacity of the executive.”

Ramkarran explained that when the CRC discussed this issue it took account of the fact that “the capacity of the parliament to monitor the executive needed updating”, He added that the commissioners “had regard to the attempt made in 1994/95 to establish the foreign relations (standing) committee and they had regard to the fact that the Standing Orders had been changed. Having those three things in mind the reforms were decided upon”.

The PNCR Parliamentary Chief Whip, Lance Carberry, is of the view that the reforms are intended to transform the National Assembly from being the rubber stamp of the executive branch to an activist institution capable of scrutinising the government’s policies and programmes, and in effect to be the nation’s watchdog. He said that the establishment of the committees was to allow the parliament to bring to bear the expertise of persons from outside its membership as well as to allow differing views to be considered. But he observes that old habits die hard and it will take some time for the executive to appreciate that the role of the parliament is not to be just a rubber stamp, adding that the process of passing the recent tax laws was a case in point,

Carberry notes that the legislation amending the tax law was passed to a select committee and the result was a better bill and that presented to the Assembly. He says it would have been better bill if more time had been allowed so that the committee could have benefited from the views of experts as to the impact of the new legislation on the business community.

Carberry too sees the reform as helping to consolidate the independence of the parliament from the executive. He hopes that the relationship can move to the stage where the executive does not second guess the parliament but accepts that decisions sent to it are for information and not approval.

“In the case of the parliamentary management committee, for example, I would like to see the government accept that the parliamentary management committee and the Speaker is the authority on parliament and not have the Office of the President attempting to second guess the National Assembly in terms of the expertise.”

Carberry explains that where an issue is “affecting the parliament like the question of staffing, the question of facilities, the question of training, this should not be a matter where the Office of the President should be second guessing the National Assembly.”

“The responsibility of the (parliamentary) management committee is to really examine all the issues and to determine what solution should be implemented. Obviously since all these things are affected by the government’s bilateral arrangements, the government has to sign off on these agreements. But it mustn’t be that they are signing off on the basis of second guessing the National Assembly”

Carberry says the Office of the President must sign on the agreement on the basis that “the National Assembly has the authority to make a recommendation which the government accepts”.

Indicative of what Carberry is concerned about, is the Office of the President’s recent veto of an offer for training made to the Parliament by the National Democratic Institute that would have exposed the Clerk of the Assembly and two sector committee chairmen to the workings of the committee system of the Canadian parliament and the US Congress.

The Head of the Presidential Secretariat explained that the offer was refused because the Speaker and the Clerk had breached the procedure, a claim which the Speaker has rejected.

The Guyana Action Party (GAP) leader, Paul Hardy, whose party contested the elections in an electoral union with the Working People’s Alliance, and has one seat in the Assembly, does not hold out much hope of the reforms achieving their intended objective. He says the adversarial relationship between the PPP and the PNCR is an obstacle to the goodwill necessary for their successful implementation and that as a result the main objective of both parties is to keep the other out. “... It doesn’t matter how much sense an idea makes you will always have that pussyfooting around it because the idea will have to have come from one of the two and the other side will do everything that they can to prove that it is not good.”

For Ravi Dev the leader of the ROAR party and its sole parliamentarian, the reforms have been overtaken by events, particularly the conversion of the PNCR to the view that shared governance is a possible solution to the problems of Guyana. Dev sees the parliamentary initiatives as having been spawned by the January 1998 Herdmanston Accord and the St Lucia Statement and following those agreements the CRC was established. He notes that the agreements were reached at a time when the PNCR was still wedded to the belief that it could beat the PPP at the elections. But he says that PNCR has since moved to accepting the need for shared governance and that together with his party and GAP/WPA combined parliamentary opposition now supported the view that shared/inclusive governance provides a solution for charting a way forward.

However, despite the reservations he mentioned, Dev explains that in the brief time the committee on economic services, on which he sits, has been at work, there has been an eagerness to reach decisions by consensus and this illustrates the capacity of the parties to work harmoniously together on specified issues. Regrettably, he observes, the harmony breaks down once the debate reaches the floor of the House when each side retreats to their traditional positions.

Carberry shares Dev’s sentiments. He explains that on the committees there is considerable convergence of views and he has come across no evidence of any attempt to sabotage the (committee) system.

However, he says that the members of parliament need to learn to work the system, learn new skills and the parliamentary staff must develop specialised skills. “It is now beginning to dawn on all of us the need for training and orientation to equip us to manage the (committee) system”.

Ramkarran, who chairs the Parliamentary Management Committee on which the government and opposition are equally represented, explains that this committee has a standing agenda - the Business of the National Assembly, the Work of the Parliamentary Committees and Administration. The decision to involve him in the work of the committee is part of the compromise reached to have the committee set up and to have the government and the parliamentary opposition equally represented on it.

He points out that the parliamentary committees are independent bodies and neither himself, the government nor the opposition can interfere in their work. “They independently decide on the issues before them.”

One area in which there is unanimity is the role the parliamentary management committee could play in ensuring a more efficient process for the tabling of bills and their scheduling for debate in keeping with the Standing Orders.

The committee has reached agreement that complex and controversial bills should benefit from the select committee process and that the second readings of bills should only take place seven days after they become available to the public at the Office of the President. Ramkarran pointed to the second reading of the Maritime Surveillance Bill, which had to be postponed because the required seven-day post publication period was not observed.

Dev said that he thought that the government, given the informal discussions that had taken place before its establishment, would have been able to use the parliamentary management committee to streamline its operations as in a sense it was bringing the opposition on board as to what its proposed programme would be and in a sense would have allowed the opposition to be more prepared.

“It goes to the heart of governance that there should be some kind of vision, that there should be some sort of plan instead of this sort of ad hocism that is evident with parliament meeting for five minutes or even half an hour”.

The last two sittings of the parliament each lasted no more than five minutes and Ramkarran says that this is unavoidable at times. He explains that there has to be business left over from the last sitting to ensure that not only the first reading of bills is on the Order Paper of the following sitting.

Dev said that he raised the issue at the last meeting of the parliamentary management committee so that when the parliament returns from its recess the government would have a legislative agenda in place. “Everybody agreed to that, so its left to be seen whether the government will get its act together”.

Carberry says that the parliamentary management committee intends to bring a more orderly and sensible approach to the work of parliament. He said that the Minister of Parliamentary Affairs would have to impress upon his colleagues the need for them to indicate the legislative programme of their ministries over a specified time frame. Also, he said the government would need to address the problem of sorting out the logjam caused by the drafting of bills to ensure there is a more orderly flow to the National Assembly.

He believes that the present process is far from satisfactory with bills becoming available at the last minute as parliamentarians need at least ten days to adequately familiarise themselves with it as well as to do the research that may be required.

Dev also commented on the unavailability of bills. He credits GAP/WPA parliamentarian Sheila Holder with repeatedly bringing to the attention of the parliamentary management committee, the need for the timely publication and circulation of bills.

He observes that the government owes it to the population to inform them of the laws it intends to pass so that they could through their parliamentary representatives express their views on it.

There is concern too about the level of staffing of the Parliament Office that is required to efficiently and effectively support the work of the committees. Ramkarran explains that even before the establishment of the committees had been agreed, the Parliament Office had submitted a new staffing structure to the Public Service Ministry which has been agreed but which because of the constraint of space cannot be fully implemented.

Carberry is of the opinion that there is need not only for staff but a bank of Internet ready computers to be available to parliamentarians to assist them with their work. Moreover, he says that the members of the committee will also require the assistance of competent researchers to assist them.

For Dev the staffing of the Parliament Office would have to be beefed up considerably if the members of the committee are to keep on top of myriad issues they are required to deal with at the level of the committees. But he is willing to wait and see how things develop.

There are divergent views as to how autonomous the parliament will become as a result of the reforms.

Ramkarran believes that theoretically the parliament could operate autonomously if the Presidency is held by the party that has the largest block of seats and the government by a combination of the other parties, which commands a parliamentary majority.

He explains too that in theory the parliament can pursue its own legislative agenda but that it has not been the tradition here, and observes that in his opinion the constitution contemplates the Presidency and government being from the same party.

Carberry believes that at the moment the parliament is not autonomous but that the reforms could help to make it so.

There are differing views too as to the level of debate in the National Assembly on the various pieces of legislation that has come before it.

Ramkarran is impressed by the standard of debate, which he says is indicative of the amount of research done by the various speakers.

Dev on the other hand is far from impressed and is surprised at the general lack of preparation. He observes that the parliamentary debates when the late LFS Burnham and Cheddi Jagan were in the National Assembly led the way in terms of the comprehensiveness of their vision for Guyana and as a result the debates were meaningful.

Dev asserts that he does not see or hear from the government that comprehensiveness of vision but hears instead only generalised statements.

And of the apparent breach of the Standing Orders, which prohibit members from reading their speeches, Ramkarran acknowledges that he has been forced to remind members of the Standing Orders that prohibit the reading of their speeches just as he has had to draw to the attention of those reading from their laptops, newspapers, and files from their ministries.

It is a common sight to see members including the Prime Minister reading their presentations, as well as reading papers and other materials while the Assembly is in session.

However, he says that most explain that they are merely referring to their notes or that the documents they are reading concern research dealing with the issues before the house.   (Back to top)

Is the rule of law under threat?

Stabroek Current Affairs Editor speaks to former Attorney General Bernard DeSantos, President of the Bar Association Khemraj Ramjattan, Minister of Home Affairs, Ronald Gajraj and Head of the University of Guyana’s Law Department, Professor Rudy James.

One of the conditions for the existence of a democracy is the rule of law, which simply defined is the certainty of the common application of a country’s laws to each of its citizens irrespective of their position in society.

So whether rich or poor, powerful or lowly, Christian, Moslem or Hindu, African, Indian or Amerindian the law equally applies to all and there is a common expectation by each citizen about the application of the country’s laws to them.

All are expected to comply with a country’s laws and regulations and it is expected that the laws and regulations would be enforced. In fact no one is expected to be above the law. Professor Rudy James, the Head of the Law Department at the University of Guyana, says that the conditions necessary for the maintenance of the rule of law are an independent judiciary, an executive which accepts the limitations on its powers and is committed to working within the law and that the judgments of the judiciary are within the ambit of the laws of the country.

Commenting on the argument that if the constitution itself is illegal, as some scholars claim that the 1980 constitution and by extension the present revised constitution are, Professor James noted that the Courts always fall back on the principle of necessity as the organs of the State must continue to function.

He said that it was the same principle that underpinned the Court decision declaring the 1997 elections invalid but ordering that the government remain in power and that the legislature elected after new elections enact legislation to validate the acts of the government from December 19, 1997 to the time a new government takes office. This validating legislation is yet to be enacted two years after a new parliament has been elected.

Discussing the role of the lawyers in maintenance of the rule of law, Prof James asserts that their role is to be the watchdogs to ensure adherence to the rule of law. However, he observes that the Judiciary has not really being fulfilling its functions as it has no control over the implementation of their decisions and sees no resolution to this dilemma unless the executive is firmly convinced of the need to have the laws upheld.

Also, he says that the courts are not asserting the authority they have to enforce their decisions as should happen in a normal democracy. He gives the example of Papua New Guinea where a Minister of Justice was cited for contempt and imprisoned for seven months for making derogatory remarks about a decision of the court with which she disagreed. The result of the court’s action is to make Ministers think twice about flouting a decision of the court.

In Guyana for some time now there is a concern that the rule of law has broken down or is under threat. The draft World Bank Report, dated June 2003 commented, “Non-compliance by individuals and the formal and informal-business sector in Guyana is being encouraged by the lack of enforcement”.

Over the years there have been complaints about the Police acting as judge and jury with a large number of reported extra-judicial killings committed by a section of the Police, the Target Special Squad aka the Black Clothes Police, reported to be now disbanded, and a phantom force which government does not acknowledge exists.

Others point to the blatant disregard of orders of the court, the prime example of which is the famous incident of then President Janet Jagan throwing away a court order served on her by a Marshal of the High Court during a ceremony which at the time it was believed was being held to swear her in as President. In fact President Jagan had been sworn in at a secret ceremony earlier in the day and the ceremony at which the incident took place was merely a “show” for public consumption.

Janet Jagan’s Swearing-In Ceremony

The incident, played out in the full glare of the television cameras for a national audience, dogged her presidency and not only because of the manner in which the Supreme Court Marshals were prevented from executing their duties though a number of experienced attorneys were present, including the then Elections Commission Chairman, now Attorney General Doodnauth Singh SC. The order was served only after the calm counsel of Bernard DeSantos SC, who was recuperating from triple-bypass surgery and on leave from his post as Attorney General and who urged the party faithful and other supporters to allow the Marshals to do their work.

DeSantos remembers the incident and explains that it took him a little while to understand what was happening and when he did he went immediately to the head table and advised that they allow the Marshal to serve the order and then leave, as he has no right to remain.

Home Affairs Minister, Ronald Gajraj, himself an experienced lawyer, argues that nobody stopped to think whether it was the proper procedure. He says that subsequent events show clearly that the court was in error but stresses that the principle is that an order of the court must be complied with until it is set aside except in instances where compliance aggravates the very mischief the order seeks to address.

DeSantos calls Janet Jagan’s action of throwing the document over her shoulder no more than “a show of disgust” and as an expression of her thinking that the serving of the order at that time was not the right thing to do.

“You know the PPP felt they had a rough time at the hands of the Judiciary during the Burnham years. I suppose not without some justification that they had suspicions that the judiciary was anti-Jagan but I don’t think it was a right assessment.”

However, he says that he felt that Dr Cheddi Jagan’s meeting with a number of Senior Counsel at State House could have been the beginning of a relationship, as a lot of people didn’t realise how much his perspective had changed. “If there is one event that traumatised this country it was Dr Jagan’s death because had he survived we couldn’t be in this mess we are in today. We wouldn’t have been.”

He explains that Dr Jagan was astute enough “to realise that the wind was blowing differently and he needed to change his thinking”. However, he said that this is not to say that he would have abandoned his socialist orientation.

Contributing Factors

DeSantos however is unconvinced that the rule of law is under threat but concedes that it is severely strained. He says that this is due to unlawful behaviour “by public servants and government people” and if positive steps are not taken to halt the slide” it would lead to a breakdown of law and order.

However, he argues like Dr Walter Ramsahoye did before the Disciplined Forces Commission last month, that the breakdown is not a post-1992 phenomenon. He said that the breakdown of morals and standards and disrespect for the police was so pervasive prior to 1992 that “wrongdoing assumed the guise of a norm”.

Khemraj Ramjattan, the President of the Bar Association and like De Santos a government backbencher in the National Assembly, believes that the rule of law is largely adhered to but that within the past few years he has noticed a progressive and frightening increase in the flouting of the law.

Ramjattan sees the actions of agencies of an enforcement and security nature like the Police, the Customs Department as major sources of breaches of the law. About the Police for example, he says, “It is my opinion that this institution is presently wracked by a whole host of breaches of the rules they have to adhere to.”

Another example he cites is the Wildlife Unit of the Office of the President flouting the order of the Court that it issues no further licences but doing so on the very day that the order was made. (This issue is engaging the attention of the Court).

Ramjattan also cites the example of the magistrate who refused to order the demolition of a building erected without the permission of the City Engineer on land that does not belong to the person on the grounds that he was not going to contribute to anyone being homeless.

While he sees the element of justness in the magistrate’s decision, Ramjattan is concerned that there would be a breakdown of law and order if illegal constructions can be erected all over the place.

DeSantos agrees that the flouting of court orders is an undesirable development. However, he has a difficulty with seeing how the Registrar of the High Court will comply with the order requiring her to reinstate and pay a number of the High Court staff she had dismissed.

He argues that the order against the Registrar, Sita Ramlall, cannot be enforced, as she herself has no power to pay. Also he points out that given the court’s refusal to stay its order, there is the other issue as to where is the money to come from if payment were to be made to the workers and the Registrar’s appeal is eventually successful.

DeSantos says that had he been in the position to do so he would have advised that the money to be paid to the workers be placed in an interest bearing account until the case was finally determined.

He argues too that the Court cannot compel a person to have someone work with them as was the case of former Comptroller of Customs Clarence Chue whom the courts ordered reinstated but the State refused to comply.

Gajraj says that there is the perception that the government does not observe orders made by the court but that the reality is that every day orders of the courts made against the government are by and large complied with.

Public Admiration of Criminals

A development DeSantos finds alarming is the public willingness to idolise criminals as happened with Linden London aka Blackie.

Looking at the circumstances surrounding London’s death, DeSantos observes, “If the man had surrendered then he should have been taken alive! I don’t believe in anything other than that”.

“That is what should have been the focus of people’s attention, not take every opportunity to malign the police and malign the army and belittle particular people”.

He notes too that every time a notorious criminal is killed there are always people willing to come forward to attest to “what a good fellow he was”.

DeSantos asserts too that the government should set up a fund from which to compensate the victims of crime.

Gajraj opines that sometimes it is not morally or legally correct to institute charges based on the statements of eyewitnesses the veracity of which has not been tested.

He concedes that there are times when the policemen acted outside the law to create an impression because of threats made against their lives. He asserts that “it is wrong and the policeman should be treated like any other person who breaks the law”.

However, Gajraj stresses that the majority of policemen are upright but concedes that there is a minority who compromise the integrity of the Force.

Commenting on the mechanism available for investigating complaints about Police misconduct, Gajraj says that he is unhappy with the legislation and has asked the chairman of the Police Complaints Authority to compare it with the act in force in Jamaica and to make recommendations for improving the local act. He says that he is still waiting on those recommendations from the Authority.

Reacting to concerns about the Autho-rity’s lack of investigative capacity, Gajraj notes that the Authority has to pronounce on the thoroughness of the investigation and can order additional inquiries as it sees fit.

As regards whether or not Norman Trotz, the owner of the East Bank Demerara hotel destroyed by the security forces in their efforts to capture London should be compensated, De Santos says that the issue is not a simple one and that an inquiry should have been held to determine whether or not Trotz had sheltered London. De Santos said that if it had been determined that he had sheltered London then he would have been the author of his own misfortune!

However, he opines that he might have still given him an ex gratia payment as it might have been “a politically astute thing to do”.

Trotz has since sued the government and the case is yet to be heard.

About sustaining the rule of law Ramjattan observes that the rule of law is going to be sustained at accepted levels by the ordinary people wanting to adhere to the rule of law. However, he says, “I must admit there are large sections of the society which in my opinion breach these rules themselves”.

Ramjattan says that he understands and believes what a senior official of the Inland Revenue Department told him when questioned about the purpose of the recently enacted fiscal amendment that over 75 per cent of the professionals do not abide by the tax law by accurately declaring their income.

Also he says that the traffic laws are obeyed mainly in the breach - speeding, running the red lights, double-parking, and that he says contributes to Guyana having the highest accident rate in the Caribbean.

Gajraj commenting on the breaches of the traffic laws concedes that there is a double standard, which is the result of policemen moonlighting as minibus drivers. He said that if the public is to be disabused of the perception, then the policemen driving minibuses in their off-duty hours must be prosecuted if they break the law.

He says too that not all breaches are overlooked because of financial considerations but often because of filial connections, adding that sometimes the connections relate to senior officers of the force.

Gajraj says too that there are instances where junior officers are afraid to take action because a senior officer may be involved.

Another source of concern for Ramjattan, who is a member of the Public Accounts Committee, is the “inordinately high breaches of the financial regulations by the ministries, the regions and other state agencies.”

He observes that though the Committee’s reports are tabled in the National Assembly and though the breaches are highlighted they still occur.

Shortcomings of Judiciary

Ramjattan says that one reason for the establishment of the Public Procurement Commission is to ensure these “mishappenings” cease and the tendering procedures are properly monitored and reviewed.

At the level of the judiciary, Ramjattan says that in his view the non-expeditious treatment of cases is a serious shortcoming. However, he says that while he knows for a fact that the number of judges presently on the Bench cannot facilitate quick treatment those in authority must do some very practical things to ensure the appointment of more judges and magistrates.

Ramjattan says, “I am aware of lawyers who have indicated even during the life of this government a willingness to accept appointment to the Bench but not being appointed. He cites the case of James Bovell-Drakes who was recommended by the Judicial Service Commission for appointment but has not been appointed. The case is now before the High Court. Another example is Arif Bulkan who for two years has indicated a willingness to serve on the Bench but is not being recommended. .

On the other hand Ramjattan contends that the existing judges and magistrates are not as efficient and effective as they could be and as a result a large amount of judicial time is lost, because of magistrates and judges “simply shouting down litigants and postponing cases for them to reach a settlement that is obviously not the avenue to pursue.”

De Santos contends that there aren’t a sufficient number of judges to cause the system to operate optimally, citing staff shortages at all levels of the system. Also, he observes the system suffers from the quality of persons who man the judiciary, bemoaning the fact that the profession today doesn’t have lawyers of the brilliance of a (Dr Fenton) Ramsahoye and a (James) Elliot.

De Santos says that today the profession is in the age of (Rex) McKay and (Ashton) Chase though there are a lot of good lawyers. However, he is concerned about the standard of the jurisprudence, recalling that at one time Guyana led the Caribbean. “We exported lawyers. We still export lawyers but now they leave because they can’t find jobs rather than as a result of their erudition.

Another aspect of the problem, De Santos says, is that the Police Force has lost the confidence of some of the people but asserts that they are doing “a reasonably good job in difficult circumstances”. But he notes that the Force is not staffed by people properly trained in their jobs.

DeSantos bemoaned the fact that the system of police cadetship “either lost its validity or lost its flavour.” He points out that these days lawyers win cases on technicalities because of poor Police work which puts the lawyers from the DPP Chambers at a disadvantage as they can only present what is given to them.

At the level of the legislature, Ramjattan says that in all frankness “legislators sometimes are totally ignorant of the laws they pass, especially their technical ramifications.”

Marginalisation

De Santos rebuffs the theory that the people of a marginalised community cannot experience equality before the law as has been put forward as an explanation for the criminal behaviour of some of its members.

He explains that when the late Desmond Hoyte said that he would make this country ungovernable, “... he sowed the seeds for other misguided people to do the sort of things that led to chaos.” He says that Hoyte would go on platforms and say that people were not getting jobs while he himself was creating the conditions that made getting jobs difficult.

“I have a difficulty with the statement that people are marginalised. Were Indians marginalised prior to 1992? I don’t know that they were marginalised but I know that they were disadvantaged. But what was the Indian response? Their response was to be resilient; to work hard; and I think too much time is spent by leaders, who keep telling their people we are marginalised, we can’t get nowhere, we will never get anywhere.”

De Santos says that the problem is not marginalisation but that the government has succeeded in tackling poverty. Its efforts have not impacted enough who are in need of it. “But you know if the same people who claim to be marginalised are told to move yourself out of this, you have got to put your shoulders to the wheel, you have got to work with what you have; you have got to be self-reliant. It is the difference between giving a man a fish and giving him the hook and the bait.”

He said that his own “feelings are that the despair people have is a despair which is cultivated in them”.

“They are told there is no hope. They are told that the only thing they can do to alleviate their condition is to destroy.”

He observes that if not being marginalised means that a couple of politicians can get into big positions and make a lot of money or live a high-flying life it is not going to make the people at the bottom any better off.

De Santos questions whether power-sharing is the answer to marginalisation or will it enure to the benefit of a few and leave the masses right there in their marginalised state?

Political Leadership

About the causes for the rule of law being compromised, Ramjattan blames the lack of leadership at the political level as well as “leadership of an intellectual content”. He observes that since the passing of Cheddi Jagan, whose leadership, professionalism and intellectual capacity were a guiding light not only to the government but the nation as whole, this desired quality of leadership has been absent.

He offers the view too that the present leadership lacks the daring and bravery to make the hard but correct decisions, citing as an example the privatisation of the Guyana Water Authority which he says has yet to produce the desired improvements even though it was not expected to happen overnight. “But why privatise the management when the same decisions could have been taken at a far cheaper price.”

He says too that in every state institution the absence of the daring and bravery by managers to do what they think is right is so patent that they always seem to ask the question “Would the government approve of what we think is right?”

“This is a terrible situation when the autonomy and independence of decision making which is supposed to reside in these institutions is dependent on how the decision makers feel the government will think!”

Ramjattan observes that the culture of “saying it as it is” will in his opinion reduce the very many complaints about the rule of law being in jeopardy and in the longer term enhance the rule of law.

However, he says that although the situation is bad we should not despair as Guyana is at an excellent juncture in its history to remedy these defects of the rule of law. “I think with the assistance of a very intelligent people which the country has and a leadership which can be magnanimous- nationalist democratic leaders who do exist- and discerning selection of the various assistance financial institutions and others have to offer, things can get better.

De Santos is convinced that the judicial system functions but accepts that the system has constraints. “I know of no case where people interfere with the decisions judges have to give. I know of no case where that happened - that judges are dictated to or told what their decisions should be.”

About the delays in the hearing of cases, De Santos says that it is not a problem peculiar to Guyana but contends that there are a number of reasons including the failure of judges to write their decisions in a timely manner.

About the allegations of extra-judicial killings by the Police, De Santos says that he sees no reason for the government to protect the Police, as a policeman must be afraid to act unlawfully and unlawfully doesn’t mean that a policeman can’t shoot a criminal.

“I have said it repeatedly that a policeman has no less a right to defend himself than anybody else. And if he is not under threat then he must not create a threat by shooting a man unlawfully and then putting a gun in his hand or a knife nearby and say that he attacked me with a knife.”

De Santos asserts, “A policeman should not hesitate to shoot a criminal who imperils the policeman’s life.”

He notes too that the Police are under attack as everything the Police do, somebody always says that they did it wrongly and you have to be careful with that, as people are always willing to say they saw.

“Speaking for myself, I trust the system. Bring all the evidence and line it up. Let it be open to scrutiny by cross-examination and let the system work”.   (Back to top)

The industrial relations climate

Current Affairs discusses the split in the trade union movement and government’s relations with the unions with Minister of Labour Dr Dale Bisnauth, Dr Nanda Gopaul, and the Chief Labour Officer Mohamed Akeel.

Despite the simmering wages dispute with their employees Government officials still see the industrial relations climate as stable in both the private and public sectors. They are the Minister of Labour Dr Dale Bisnauth, and the Head of the Public Service and Permanent Secretary, Public Service Ministry, Dr Nanda Gopaul. They are the officials on the frontline together with the Chief Labour Officer, Mohamed Akeel, who shares their views on the state of industrial relations in the country.

Both Drs Bisnauth and Gopaul deny that the government is at war with the TUC when they commented on the relationship between the government and the unions. Dr Gopaul asserts that the government has provided more assistance to the TUC in the past ten years than has been given it at any time in the country’s history.

Dr Bisnauth too says that the government favours a strong trade union movement since it provides a central body with which to discuss issues since a weak trade union movement would tend to create instability in the area of industrial relations.

Several laws passed

Since it came to power in 1992, the government has passed into law the Trade Union Recognition Act, the Occupational Health and Safety Act and the Termination of Services and Severance Pay Act and other pieces of legislation designed to safeguard the rights of workers. The importance of these pieces of legislation cannot be underestimated in this era of rapid globalisation during which there will be tremendous pressure on workers’ to increase productivity and production in the drive for international competitiveness.

Dr Bisnauth is firm that industrial stability should not be at the expense of the erosion of the workers’ rights. But he is equally firm that the importance of stability in the industrial relations sphere cannot be overemphasised.

Speaking with Current Affairs on the issue Dr Bisnauth, describing the industrial relations climate as relatively calm, says, “In these days of rapid globalization it is in the nation’s interest to have a calm industrial climate as it is extremely important for a country’s survival for it to be competitive”.

He stresses, “We can hardly be that if we have an inordinate number of strikes on one hand and lockouts on the other. Thus it is extremely important for employers/management and workers/unions to work out new ways of conducting industrial relations that are radically different from what we had in the past”.

As an indication of the climate now, he pointed out that last year there were 226 strikes in the first nine months as against 130 for the corresponding period this year. And he believes that his ministry has been pivotal in bringing about this relative stability, citing for example its intervention, which brought to an end the six-week work stoppage by teachers.

The other major strike was the 11-day work stoppage at LBI called by the workers of the estate who were seeking a reduction in the production target for this year.

In the private sector, Dr Bisnauth pointed to his Ministry’s intervention that facilitated a three-year agreement on wage increases between the Guyana Sugar Corporation and the Guyana Agricultural Workers Union (GAWU) and the National Association of Agricultural, Commercial and Industrial Employees (NAACIE) for the period 2001-2003.

Preventive Intervention

The Minister attributes the “virtual calm” to the Ministry’s policy of “preventive intervention”, which Akeel says allows the Ministry to be informed at the earliest stage of a dispute of the problems giving rise to it so the Ministry can intervene to effect a resolution before the two sides reach an impasse. “It started a few years now. It’s working good and has caused the number of strikes to decrease”, Akeel observes.

Dr Bisnauth says, “We tend to be more proactive than in the past. And I would also say this, we have seen that there does seem to be more of a reluctance these days for people to want to go to arbitration”. Akeel says this is “because of financial considerations and so on” which encourages the parties to settle their disputes.

Akeel points out too that the enactment of a number of laws since 1997 imposes “a legal situation on the normal industrial process, which before was voluntary”. Legislation relating to the termination of services and severance pay, notice period and probation period are the ones which have enabled differences to be narrowed on a number of issues, which in the past had been left hanging.

A programme which must have been helpful, according to the Minister, has been the programme of visits to workplaces during which he speaks both to the management and workers, about the challenges that comes in the wake of globalisation. “Our message is a very simple message. It is the fact that globalisation is upon us and that Guyana will need to be more internationally competitive and at the level of production we cannot afford wastages that will have a negative impact on production costs that would rob us of some sort of competitive edge in the globalised market place.”

Among the workplaces he has visited are the Heart of Palm Project at Rosignol, Skeldon Estate where the factory is expanded under Guysuco’s modernization plan, as well as a number of rice mills and sawmills.

Akeel says too that the Ministry also mounts joint seminars for employers, managers and workers as well as participate at training sessions which the Consultative Association of Guyanese Industry (CAGI) mounts which allows for the emergence of more enlightened managers with the result that “some personnel managers would not make a decisions without first seeking our advice”.

The Minister points to the monthly tripartite meeting involving the Trades Union Congress (TUC), CAGI and the Ministry, which he chairs, that “seeks to bring about an understanding of the need for us to work out new paradigms in the employer/employee relationship and that we really have to lessen this confrontational approach”.

“But we also say that we need to do this in a way that would not betray the workers’ right to fair wages and to good conditions of work.”

While hammering home that point, the Minister says that at the same time the Ministry also points out to the managers that is in the interest of their enterprises “to ensure that their relationship with workers is a good working relationship and to respect the workers’ rights and to meet those rights within the legitimate expectations of the management “

He says these things are beginning to have an effect. He points out too, “At the present time we are making a new concerted effort at ironing out a social contract between CAGI and the TUC which the Ministry is helping them to work out”.

Dr Bisnauth concedes that it has been in the works for some time now but got downed because of what he described as “the process”, explaining that the Ministry had not been totally involved in that as the idea was for the employers and the unions to work it out and then inform the Ministry about it. He says that to move the process on he decided that the Ministry should intervene.

Dr Bisnauth also commented on the impact of the reduction of union membership on the disposition of the unions to engage in industrial action. He observes that generally “if a union does not command a position of strengthen it would affect its militancy and that would have implications for its seeking solutions through strikes.”

At the same time he says that his Ministry is concerned about those workers who are not unionized, especially those in say the rice industry where there is little union representation. However, he says his ministry has been active in promoting management labour cooperation in the process of national development.

He observes too that it would not be in the interest of a union to make public its weakness but he thinks that it is only “in the interest of any government to promote healthy trade unionism” as “it is only when you have a healthy trade union movement and you have a visible organised labour entity with which to bargain in an effort to seek resolution to problems related to industrial relations.”

“If you don’t have that what is likely to happen is that you are likely to have these spontaneous and maybe sporadic expressions of dissatisfaction all over the place which are more difficult to deal with and that in itself would have very deleterious effects on

production.”

About the impact of politically affiliated unions on the industrial climate, Dr Bisnauth noted the recent calls by TUC General Secretary Lincoln Lewis, among others for a de-linking of the trade union movement from political influences.

“My own feeling is that kind of de-linking is an ideal towards which you can work but I don’t fancy that there is going to be a de-linking in the not too distant future”.

But looking at Guysuco, which he describes as a sort of quasi-government organisation, he says that a case could be made out that GAWU, which is government-friendly, would therefore not want to encourage strikes. “But in point of fact over 90 per cent of the strikes we get every year are called by GAWU!”

The Public Sector

However, looking at the public sector, the Guyana Public Service Union, the Guyana Teachers’ Union and those unions that have membership among the para-statals like the Transport and Harbours Department and Guyana Water Inc, which are not thought to be aligned, the impact has to be assessed.

He notes that during the teachers’ strike the schools outside Georgetown in areas like the Essequibo Coast and the East and West Coast Demerara were largely unaffected.

“Political loyalty has influence and an impact both positive and negative on the industrial front.”

About the effectiveness of the Ministry as a conciliator in disputes involving the government and its employees, Akeel says that the Ministry in its role as conciliator acts as a third party in bring the two sides in a dispute together, in the case of the public sector that is the government and employees.

He asserts that as Chief Labour Officer he has never been given any instruction, by any Minister of Labour since he has held his office as to how to deal with an issue. Nor he asserts has he ever given any of his officers, except to give them guidance which they sought, any instructions about how to deal with an issue.

Akeel asserts that the job of the Ministry of Labour is to guide the parties based on the law, custom and practice, and court decisions towards a resolution of their dispute. Also, he says that there is no law which says that the parties must use the Ministry as a conciliator. However, he says that it is an indication of the confidence the Ministry enjoys that parties to a dispute turn to it for this service, explaining that “the fact that a 100 per cent of the conciliation is done by the Ministry is an indication of the confidence the employers and employees have in the Ministry’s machinery because they have seen it at work!” According to Dr Bisnauth, “It was very interesting that after the teachers’ strike when they were talking about the terms of resumption it was the union that was insisting the Minister of Labour chair those meetings because it was felt that the Minister of Labour would be fair.”

However, Dr Bisnauth says that because of his awareness of the perception that the Minister could not be impartial the Ministry has raised at the level of the Tripartite Committee the possibility of setting up an independent tribunal. “If there is a perception of unprofessionalism and bias, then the way to go is to establish an independent labour tribunal. The bill is drafted but we haven’t got beyond that.”

Social Contract?

However, Dr Bisnauth observes that once the social contract is concluded `as part of that process we would look again at the issue, adding that the trade unions are aware that matters could be pending for years before the tribunal as they have in Jamaica or the industrial court as they have in Trinidad.

Melville is less sanguine than the Labour Ministry’s officials about establishment of the social contract as he fears that the agreement between the private sector and labour, a combination that brought about the fall of the PPP government in the sixties, will be seen as a danger signal to the PPP.

He recalls that two and half years ago the TUC and the CAGI started discussions on a social contract and had arrived at a common position to approach the government to see what could be done to salvage the economy.

Melville said that agreement had been reached on four-fifths of the document but that somewhere along the line the discussions lapsed and the government is now making efforts to reinvigorate the discussions.

For Dr Gopaul the industrial calm is due to the blossoming of Collective Bargaining. He says that the passage of the various pieces of trade union legislation has allowed the Collective Bargaining process to blossom, and that has also contributed to the stable industrial climate, even though the disputes with key unions - the GTU and The GPSU would not seem to give that impression.

Like Dr Bisnauth, Dr Gopaul says that the government encourages trade union militancy but when the situation develops with the unions becoming abusive and making unverifiable statements it leads to a breakdown of relations. A veteran trade unionist before joining the Public Service, Dr Gopaul says that dialogue is a good industrial relations practice.

Like Dr Bisnauth too, Dr Gopaul also stresses the need for a change in the way unions pursue their members’ interest, pointing out that their demands must be based in reality and their aim should be to build consensus. He explains that if the government is forced to pay money that doesn’t exist this could lead to destabilization.

He stresses the necessity for prudent management by both the unions and employers as well as realistic demands by unions if collective bargaining is to arrive at a point where reasonableness exists. Also, he stresses the importance of unions observing the procedures set out in collective bargaining agreements in the prosecution of their members interests, the same as the unions in the United Kingdom (UK) do. He observed however that the unions in the UK are forced by law to follow the procedures. The Margaret Thatcher government enacted the legislation, which requires the unions to observe the required procedures before calling a strike. The Blair government, which came to power with a mammoth majority has not repealed this law. Dr Gopaul says that though there were reservations initially about the legislation, which also bans solidarity strikes, it has had a beneficial effect on the industrial relations climate in the UK.

Gopaul says that he “believes that workers should have the freedom to articulate their demands without being perceived as being anti-government but cautions against the practice of going outside the accepted procedures for resolving their concerns.

He describes the government’s relations with all the unions as good despite some difficulty with the GTU and the GPSU, but says that there are ongoing negotiations to resolve the issues, which the unions are pressing.

With regard to the unions in the sugar industry - GAWU and NAACIE, Dr Gopaul says that they have come around to the view that the changes are meant to benefit the industry and the country as a whole, after initially seeing them as inimical to the interests of their members.

About the relations with the unions of the Federated Unions of Government Employees, he says that the government has worked with them to promote the interests of their workers.

He said that the unions - the main one of which is the Union of Agricultural and Allied Workers Union - that represents the workers of the guard service which provide security for the government buildings, especially in the regions, was encouraged to create a company that could provide continued employment for the security guards.

Dr Gopaul says that the unions were thus given an opportunity to say how their members would continue to be employed as well as allowed to participate in an economic venture that brings meaningful financial benefit to them and their members.

Dr Gopaul, the lead negotiator for the government in talks with the unions representing public sector employees, says that he is happy with the state of relations with the unions, though it has experienced some stormy times. He says that whatever the disagreements the government will endeavour to work with the labour leaders to resolve the issues.

“I hope that we can disagree vehemently as I am conscious of the role and responsibility of the unions but hope that because of the economic constraints that the government faces they appreciate that the government though conscious of the needs of the workers are unable to address them.”

Commenting on the difficulties encountered by the unions to have decisions reached by themselves and government departments honoured, Dr Gopaul says that there is obviously a breakdown in the system which requires the agencies to first clear with the relevant authority the parameters within which they are free to negotiate within the principles and procedures of collective bargaining.

Dealing with the allegations by the GPSU, which accuses the government of seeking to starve it of funds, Dr Gopaul asserts that the government has no intention of targeting and starving the GPSU of funds.

He explains that the government allows union dues to be deducted from an employee’s salary, provided the employee has given the necessary consent for this to be done. The GPSU claims that even where the employees give permission for the dues to be deducted the check-off is not done in a timely manner.

Agency Fees

He says too that where deductions in the form of agency fee are to be made, that the government has to take account of the International Labour Organisation convention that money should not be compulsorily deducted from a worker’s pay packet. He says too that there are court orders to this effect signed by the Chief Justice.

Dr Gopaul points out that there are very few agreements for the deduction of agency fees in the Caribbean and where there are agreements the conditions under which the deductions are to be made are clearly spelt out as to how the money deducted should be spent.

He said that in the past the deductions were made and the government overlooked the conditions of the agency fee agreement that the union breached. He said that he would readily meet with the union to iron out the issues.

Commenting on the allegations of illegal dismissals from the public service in the absence of the Public Service Commission, Dr Gopaul notes that the Permanent Secretaries have delegated authority to hire and fire. Moreover he says that if disciplinary action is taken even in the absence of the PSC the employee has a right of appeal to the head of the department and on up to the Public Service Ministry and to the Ministry of Labour for conciliation.

But he says that there is “a great degree of failure to observe the grievance procedures” and he is disappointed at the unions’ practice of making a public spectacle of the issues. “Publicity outside of the ambit of the Collective Bargaining agreement makes bargaining very difficult” and does not facilitate a successful bargaining/negotiations process if there is an abundant use of the media.”

He says the frequent resort to the media hinders rather than helps and that it is a problem which plagues the country. He says that where it is necessary for some information to be given, it should preferably be in the form of a joint statement.

Dr Gopaul says that in the three years since he was appointed he could not say that he has had experience of a politically inspired dispute. Like Akeel he says’ “Not once have I been given instructions to treat with a matter in a certain way. Not once have I advised a departmental head to act on an issue based on political considerations.”

He asserts that decisions on all the issues to his knowledge are based on professional grounds though when one listens to some trade union leaders one can’t but come to the conclusion that some issues have political overtones. However, he cautions that there is always the danger that even where the cause is a good one, there is a tendency to lose sight of it when other considerations intrude.

While he would have no difficulty with a tinge of political influence in terms of wages disputes, he draws the line when this leads to the blocking of ministries’ gates, forcing other workers to join the work stoppage and calling for the overthrow of the government.

Dr Gopaul stresses that there is a known protocol in industrial relations that employers and unions are expected to follow and observes, “Locking gates and the doors of schools (as happened during the teachers’ strike) are not norms (of behaviour) expected from a responsible workforce.

He says that he has no difficulty with a strike on a national issue, for example taxation, which is called to bring pressure on an administration to withdraw or take some ameliorative action. Nor he says is there anything wrong with unions joining political parties in situations where they are demanding redress for a wrong done.

Secondary Action

However, he notes that in the UK secondary action by trade unions is prohibited by law and that strikes are called only after all the procedures have been exhausted and the workers have had an input in the decision.

As a result of the law, which was enacted by the Thatcher government, 95 per cent of the strikes called in the past twenty years have been properly launched and there is more militancy now as a result of the procedures being respected.

He says too that the law ensures that no trade union leader holds office without being properly elected.

Dr Gopaul says too that statistics indicate that as fewer strikes are called trade unions become more inclined to use the collective bargaining procedures and noted the work of the ILO to promote social partnerships/compacts within which employers and unions can work out the modalities for delivering wages increases as well as increases in production and productivity, promote investment and work towards improving the conditions of the workers.

He confirmed that there are ongoing discussions about a social contract involving the government, employers and the unions, which Dr Bisnauth chairs and about which ideas have been exchanged between the parties. He points out that Barbados has a success story involving the establishment of a social contract. He observes that the compact did not bring an end to strikes but provides a forum for resolving the issues free of any acrimony.

He hopes though that workers can take political considerations out of purely industrial relations matters since it has tarnished the effectiveness of good industrial relations and collective bargaining.  (Back to top)

CGX comes ashore in its search for oil

Offshore Guyana the US Geological Survey (USGS) in 2000 estimated that there is a reserve of some 15 billion barrels of oil in what is called the Guyana Basin, described as “one of the last remaining poorly explored but highly prospective basins”.

Onshore, the Geology and Mines Commission has had reports of oil sightings since the 1800s in the Waini and Baromani areas in the western part of the country and more recently in 1966/67 when Shell reported droplets of oil and tarry substance from a well it drilled in the Berbice River.

The Trinidadian company, Trinidad Lease-holds United, had some decades earlier at Goed Banana Land also recorded droplets of oil and tarry substance as a result of their exploration work.

There was also a report of similar indications from a drill hole, which is now covered by the Repeater Station at Skeldon. There were also similar indications of a tarry substance from an old well in the Shelter Belt Compound on Vlissengen Road. As late as 1999, there was also the suspicion of the presence of gas in a field behind the Fort Wellington Police Station given the reports of a geyser-like explosion. The Geology and Mines Commission, however, later determined that the explosion was due to marsh gas formed by rotting vegetation.

The reports from the Corentyne area have prompted the Canadian oil company, CGX Energy, to transfer its search for oil onshore pending the resolution of the maritime border between Guyana and its eastern neighbour Suriname.

CGX’s onshore concession covers an area stretching from Mara, West Bank Berbice to Skeldon on the Corentyne coast.

To do this it has formed a wholly owned Guyanese subsidiary, On Energy (ONE)Inc. ONE will initially be 20% owned by Guyanese investors, who will have the opportunity to directly share in any discoveries onshore Guyana.

CGX has contracted the Oklahoma-based US company, Geo-Microbial Technologies (GMT) to conduct the geo-chemical sampling using the specialised methodologies it has developed for evaluating the presence of microbes in the soil that feed on trace hydrocarbons escaping along micro-seeps from sub-surface deposits.

John Cullen a director of CGX says, “Local knowledge can be incredibly valuable.” He said that it has pointed to “at least 5 different oil and gas shows on our onshore concession,” according to a CGX release.

The release quotes Kerry Sully, CGX’s Chief Executive Officer and Chairman, as saying that the company has discovered that there is a lot of local knowledge about oil and gas seepage on its onshore Berbice Block.

After meeting with Staatsolie representatives in February 2003 and learning about their company’s onshore programme Sully said he knew it was time to take a closer look at his company’s onshore block.

Since February based on their conversations with people in the area, CGX says “there are many analogies between what’s happening onshore in Guyana and Suriname.” It believes that there is also a lot of local evidence to support its thesis.

In Suriname, Staatsolie, the state oil company, is producing 12,000 barrels of oil per day from their Tambaredjo oilfield. Proven reserves are estimated to be 167 million barrels. Since that discovery, Staatsolie have been exploring their 200 kilometre coastline between Tambaredjo and New Nikerie, close to the Guyana border. Using geochemical sampling and geophysics, they have identified a number of anomalous prospects.

Dr Kamal Dookie, a founder and director of CGX Resources, grew up in Guyana. His family originally lived in the Berbice area. Dr Dookie introduced John and Kerry to J P Singh, an incredibly agile and alert man of 90 who runs a cement-block business and is a family friend of the Dookies.

Singh told the group about a drainage canal dug in the ‘30s. “It looked like ‘diesel’ coming out of the ground this high,” said Mr. Singh, raising his arm to knee level. “We had to lay concrete in the bottom of the canal to hold the oil back,” he explained. This could be the location of Trinidad Leasehold United’s activity at Goed Banana Land mentioned above.

Research carried out in Canada led to Warren Workman, CGX’s Vice President Exploration and Director and President of the CGX Guyana subsidiary, ONE spending several days in the Berbice area in July. This time Singh showed Workman and Dookie the canal.

“Singh recalled that the oil show occurred in 1932 when the channel was built and he was 19 and working on the project. Remarkable man,” says Workman.

At low tide, Dr Dookie returned to the area and saw gas bubbles on both sides of the canal, collaborating the local reports of hydrocarbon seepage in the Skeldon drainage ditch.

“Also at Skeldon, Mr. Singh led us to the location of a stratigraphic test well drilled by Shell in 1967 and the local water well” says Kamal. “While Shell’s well was dry, the local water well drilled only 100 feet (30 metres) away had oil and gas shows at 1,450 feet (480 metres)!”

In July, Workman also met with Ronald Sangster, agricultural manager for Rose Hall Estate, described by Workman as “a very capable take-charge guy who offered us every courtesy.” Sangster showed Workman the drilling pad at Rose Hall where heavy oil shows were found in the well around 6,000 feet (2000 metres) in 1942.

After all of this first-hand evidence from local people, Workman headed to the C. N. Barron Library, named after the pre-eminent geologist of the 20th century in Guyana. The library has limited information about the Rose Hall well but Workman has requested a geological report with attachments from the British Geological Survey.

“However, I discovered C. N. Barron reported an oil-stained sample seep when digging the flag pole foundation in 1966 in the village of Liverpool, 18 miles (11 km) south of New Amsterdam,” said Workman. “He recovered another sample approximately 70 feet southwest at a depth of the base of the clay. The location is on the north flank of a gravity anomaly.”

“I also reviewed the 1967 map of the composite surface geology of Guyana by G.W. Walrond. A basement outcrop was mapped as a Phanerozoic Greenstone (meta-sediment) east of the Berbice River at the Mara settlement,” says Workman. “The fact that Canje River flows parallel to the coast instead of flowing toward it also supports the theory that there is a significant basement high in the area. If it restricts water flow to the coast, it would also form a barrier to hydrocarbon flow further inland, and may also provide the framework for trapping in the sedimentary deposits.”

Further news about oil seeps at Mara caught the attention of Workman and Sully based on a copy of a hand-written letter from Magabar Sawh to Prime Minister Sam Hinds, dated June 20, 2000. Sawh took inventory at Mara Sugar Estate during the war. The estate was “about 27-30 miles by road from New Amsterdam” and was owned by Manoel Veira.” Sawh noted “oil and pitch floating on the riverbank” side of the Mara Estate loading dock. “I saw it and Mr. Manoel Veira said to me he should put aside money to drill for oil as soon as the war is over. I am sure oil is there.”

This wasn’t the first time Sawh had noticed oil and gas seeps. His letter indicates another show of gas and water farther east during “the biggest dry weather seen in the 1930s.”

“The seep locations described in Mr. Sawh’s letter are exactly where I’d hope to find them,” says Warren. “It confirms there’s migration of hydrocarbon from the Canje Formation source kitchen offshore. It’s being deflected to surface by the basement highs. Our challenge now is to find hydrocarbon traps between the basement high and the coastline. Our geomicrobial survey should allow us to quickly zero in on the most prospective areas.”   (Back to top)

The establishment of businesses by persons and companies in the CSME

By January 1, 2004 all CARICOM States must have all the legal and administrative arrangements required by the treaty setting up the CSME. The CSME is the precursor of the hemispheric-wide Free Trade Areas of the Americas. Whether we like it not we cannot opt out of the arrangements or we risk being marginalised. The CSME brings challenges and opportunities in its wake for all sectors of the society. To heighten awareness of these challenges and the opportunities, Current Affairs publishes an article by Ivor Carryl of the CARICOM Secretariat that outlines the challenges and opportunities that will come with the operation of the Single Market and Economy.

Introduction

The Revised Treaty establishing the Caribbean Community (CARICOM) including the Single Market and Economy (CSME) was opened for signature on July 2001, and is being implemented under the authority of the instrument of “Provisional Application”. One of its most important provisions concerns the establishment of business enterprises by citizens, nationals and residents of CARICOM Member States. In substance, the right of establishment means that either a person or a company may set up, without restrictions (except in certain special circumstances), a business premise in any of the following Member States: Antigua and Barbuda; Barbados; Belize; Dominica; Grenada; Guyana; Haiti; Montserrat; St Kitts and Nevis; Saint Lucia; St Vincent and the Grenadines; Suriname and Trinidad and Tobago. It should be noted that the Fourteenth Inter-Sessional Meeting of the Conference of Heads of Governments granted Haiti ‘a moratorium’ from all aspects of the CSME for a period of eighteen months, effective July 2002. The Bahamas has negotiated an indefinite derogation from participation in the CSME For the purposes of this paper, the effect of the moratorium and derogation is to suspend the exercise of the right of establishment by all nationals of Member States for the duration of the moratorium in the case of Haiti and indefinitely in the case of The Bahamas.

The Right of Establishment -

Who benefits?

In all States participating in CSME, a person or company may establish a business presence, having complied with the relevant legal and administrative requirements provided under the laws of each country. The Companies Act allows companies (legal persons) to be formed by:

• incorporation or the equivalent, under the law in his own country,

• incorporation in a country other that the country of origin under the equivalent laws of that country or by registration in a country other than the country of origin, having previously incorporated in the country of origin.

In CSME States, an individual may under “the Business Names Act” register a Business Name in order to establish and operate a business. All CSME States permit establishment under the Business Names Act. In some CSME states an individual may incorporate a company. This is possible in Saint Lucia.

Article 32 of the Revised Treaty grants the right of establishment to persons, companies and other legal entities such as partnerships.

In the case of a person, he or she must be “... a citizen of a Member State of the Community, or a person who has a connection with a Member State of a kind which entitles him to be regarded as belonging to ...or otherwise as being a native or resident for the purposes of the laws... relating to immigration...”

Where an individual is establishing the business he must be engaged in non-wage-earning (self-employed persons) activities of a commercial, industrial, agricultural, professional or artisanal nature; or form or register a company if he wishes to engage in any other type of economic activity.

There are several benefits, which a person exercising the right of establishment in this way may enjoy, these include:

• being able to take advantage of business opportunities which either do not exist or, would be less profitable or more difficult to operate if done in the country of origin.

• access to specific types of resources and inputs necessary for the successful operation of the business, which may not exist or, are more expensive, of poorer quality, less efficient or may be more difficult to acquire in the country of origin. Cheap and reliable supply of energy is one example.

• possibility of being able to deal more effectively with customers because of the uniqueness of the market,

• being more competitive because of nearness to customers.

A person would have to be treated no less favourably than nationals of the country in which the business is being established. This is required of the Revised Treaty under Article 7 which prohibits any discrimination based on nationality, and Article 8, which requires that a CARICOM national must be given the same or better treatment as given that to a person who is not a national of a CARICOM State, if the two of them are self-employed persons and are establishing in the same trade or business.

The following are some examples of national treatment:

(a) A national of a Member State does not require a work permit to establish and operate a business as a self-employed person. Therefore, a person exercising the right of establishment from another Member State does not require a work permit.

(b) A national of any Member State would incorporate the business (where the law allows an individual to do so), or register if he had incorporated in another country, or simply register a Business Name; pay the required fees and charges to the Registrar; and comply with any additional requirements for the operation of the particular business, such as a medical practice or other licenced profession or trade. A person from another Member State would meet the same requirements; and;

(c) A national of any Member State has the right to a fair hearing, fair treatment and redress by the appropriate authority or a tribunal which may be established to hear disputes involving the establishment and operation of businesses, if there is a dispute. A person from another Member State is therefore entitled to the same treatment.

In the case of a company or other legal entity, the following conditions must be met in order to enjoy the right of establishment:

(i) “... a company or other legal entity must be constituted in a Member State in conformity with the laws of that state and which that state regards as belonging to it;

(ii) the company or legal entity was be formed for gainful purposes;

(iii) it has a registered office and central administration and carries on substantial activity within the Community; and

(iv) it must be substantially owned and effectively controlled by qualifying persons described previously.”

Companies and other legal entities have the same right of establishment as persons. Therefore, companies and other legal entities enjoy the benefits, which can accrue to a person. In addition, a company has the right to transfer any managerial, supervisory or technical personnel from one Member State to another since Article 34 requires all Member States to remove “...all restrictions on the movement of these types of personnel of economic enterprises, the conditions governing their entry and that of their spouses and immediate dependants and all restrictions on establishing agencies, branches and subsidiaries of companies and other legal entities”.

All persons, companies and other legal entities which are establishing a commercial presence are entitled, as necessary and essential to the act of establishing in a particular Member State, access to: land, buildings and other property on a non-discriminatory basis, as well as to protection of the interests of partners, members and other persons with financial interests in companies and other entities. Without such access, the right of establishment would be without substance, that is to say, it would be a hollow right.

Conditions under which a CARICOM Government

 can Restrict the Right of Establishment

The right to establish a business in the CSME can be exercised in any sector of the economy of a Member State, that is, in the goods, services or capital markets. Before attempting to establish the business of interest, however, attention must be paid to the following:

(i) the CSME Member State’s list of restrictions - in the form of legislation, a regulation or an administrative controls - which is applied and is currently maintained on service industries, goods industries and trade and on transactions involving moving capital and skilled persons. The restrictions either prohibit businesses in certain areas or limit or discriminate against a non-national, even if he or she is from another Member State. The list, identifies the type of business by a Central Product Classification (CPC) code number, describes the restriction and indicates the date it will be removed. This list therefore provides information such as:

(ii) (a) the date on which one could establish a business in a particular CARICOM State without restrictions (b) the date when each restrictions named on the list must be removed between 1 March 2002 and 31 December 2005; (c) a person’s freedom to establish and operate his/her business since 1 March 2002, in any area where there is no restriction mentioned on the list against that type of business.

The list, created under paragraph 3 of Articles 33, paragraph 2 of Article 37 and paragraph 2 of Article 40 of the Revised Treaty, can be obtained in each CSME Member State from the Ministry which is responsible for CARICOM Affairs or the CARICOM Secretariat.

(ii) A CSME Member State has the right to prevent anyone from establishing or operating a business which may fall under: (a) activities conducted by a central bank, monetary authority or any other public entity in pursuit of monetary or exchange rate policies; (b) activities forming part of a statutory system of social security or public retirement plans; (c) activities forming part of a system of national security or for the establishment or maintenance of public order; and (d) other activities conducted by a public entity for the account of, or with the guarantee of using financial resources of the government.

(iii) A CSME Member State, under Article 31 of the Revised Treaty can maintain or establish a private or public sector monopoly and would not violate the Treaty if it prevented anyone from establishing or operating a business in the market occupied by that monopoly.

A CSME Member State cannot, however, introduce new restrictions or re-introduce one which it has removed under “ its list” unless it can prove that,

(a) under Article 43, it is experiencing or faces a serious threat of ‘balance-of-payments or external financial difficulties’; (b) under Article 47, one of its industries or economic sectors or a region of the country is experiencing economic hardships; or (c) under Article 146, that the whole country, a region within the country or a sector is disadvantaged within the CSME and the right of establishment must be restricted in order to correct the problem.

Recent developments

Based on a decision of the Council for Trade and Economic Development (COTED) and the Council for Finance and Planning (COFAP) at a Joint Special Meeting in 2001 that action should be taken in respect of business facilitation measures, Registrars from CSME Member States met on May 2003 and discussed the merits of harmonising their national systems of registration of companies and supporting institutional and administrative infrastructure, which will be required to facilitate the effective exercise of the right of establishment. Additional research is required to develop the preliminary conclusions reached by the registrars. One of the important aspects of the institutional arrangements to be explored is the mechanics of a central depository for information on companies incorporated and registered within the CSME, thereby facilitating a region-wide name search by national registrars and a clearing mechanism for verifying information regarding incorporation and registration of companies within the CSME.

Conclusion

The right of establishment as elaborated in the Revised Treaty is a qualitative advance in the process of economic integration and is pivotal to the practical expression of the operation of the CSME since the enterprise is the face of any market system. It is especially significant that persons and companies from all members of the Community exercise the same right of establishment, thus demonstrating that economic opportunities created by the CSME are not only open to companies and other legal entities, but to every individual who may choose to operate as a self-employed person. In this regard, the right of establishment as set out in the Revised Treaty expresses an understanding of the future economy in which persons must rely more and more on self-employment rather than to the corporate body as the source of their participation in the economic system. The right of establishment can be exercised today in areas where Member States of the CSME have not listed or declared any restrictions and will expand progressively over the next two and one half years, as listed restrictions are removed by Member States.  (Back to top)

Editorial

Time for Action

The recommendations made by the Constitution Reform Commission and put into legislative form by the Parliamentary Oversight Commission on Constitu-tional Reform were crafted from the submissions of the Guyanese people and their organisations.

It was no overnight process. It involved numerous meetings, some lasting well into the night, during which the representatives promoted their party’s position so as to ensure that when the legislation reached the National Assembly it would have the unanimous support of both government and opposition. It was an exercise in give and take, in which the overriding motivation when it came to the crunch was the interest of the country.

It was recognised during this time that the crux of the problem was the ineffectiveness of the parliament in ensuring that the voices of all the people are heard and the government is made accountable for its actions. At the root of that realization lies the question - to what does the percentage of votes cast for the parliamentary opposition entitle it?

We know that it entitles it to a certain number of seats in the National Assembly but what else is it reasonable to expect that it should have? Is it entitled to a seat or seats in the Cabinet? Is it entitled to representation on a given number of seats on the boards of government agencies? In effect is it entitled to a voice in running the country and if it is how big a say should it expect to have?

For some years now going back to the early 1980s there has been the realization that no one party could successfully address the problems of this country, be it to safeguard the country from the terms of trade imposed by the developed countries or the raging tide of globalisation which swirls around us.

One would have thought that after thirty-nine years, our politicians would have got the message. Instead we still see timid steps of reaching out with every concession made only after every other option to avoid it has been exhausted.

The Jagdeo/Hoyte dialogue process failed because there was no mechanism to ensure accountability to the people of Guyana and as a result each side sought to have the Guyanese people accept its version of what was decided and what was implemented according to its understanding of the decision. That futile exercise resulted in more than a year of drift, which the country could ill-afford.

Imperfect as they are the parliamentary reforms that have been put in place could lead to a parliament more suited to the needs of Guyana. But ensuring that they can do this, calls for a commitment from the government to provide the resources to enable them to work efficiently based on the expectations of the members of the committee and not on the determination of some official at the Office of the President.

There must be a commitment to consolidating the independence of the parliament as an independent arm of government that is responsible for ensuring that the people’s interests are promoted and safeguarded. More than any other institution, the parliament is the expression of the people’s will by whatever electoral system it is elected.

The success of the Jagdeo/Corbin constructive engagement process will depend not only on the good faith commitment of the two principals but equally on their eschewing the temptation to see their process as independent of the parliament.

It is essential that the decisions taken in the process do not undermine the integrity of the parliament and that the Guyanese people do not see their process as the font of all decisions that affect their lives.

It goes without saying that results from the process must be tangible and address the needs, as a priority, of the distressed communities across the country. If it fails to do this, the consequences could be serious.   (Back to top)

After 40 years, despite ongoing difficulties the University of Guyana is making a substantial contribution

Next month the University of Guyana’s fortieth anniversary activities come to an end. How significant has been its contribution to the country’s development during these past four decades is yet to be assessed.

What cannot be denied is that most of the young and not so young professionals in Guyana today have had their grounding at the University of Guyana. Also, whatever its shortcomings, the UG graduates who pursue higher degrees at universities in North America and Europe do exceedingly well, which is a tribute to the groundwork that was laid at the Turkeyen Campus. The university’s detractors would say that it is the result of the untrained mind finding itself in an environment where it can bloom and flourish.

Over the years there has been a litany of complaints ranging from the absence of current issues of popular journals such as Time and Newsweek in the library to other important academic journals such as Foreign Affairs necessary for the degree course in International Relations as well as other up- to-date texts for the other disciplines.

Other complaints include the absence of laboratory facilities for students reading for degrees in the Natural Sciences, the absence of office space for lecturers and other university staff, less than transparent administrative procedures, allegations of the university being controlled by a cabal of PNCR executives and supporters and a host of other complaints which cannot be listed because of the constraint of space.

So many are its shortcomings that its detractors claim that UG does not by any standard meet the requirements of a university but neither the government nor opposition for their own reasons are willing to acknowledge that the institution has failed.

As a consequence Current Affairs is taking a critical look at the University at 40 beginning with the Social Science Faculty and the Health Science Faculty which includes the School of Medicine, so that the Guyanese people can decide for themselves the true state of the University and whether, given its shortcomings, they are willing to commit the resources necessary to ensure its survival and development.

The Faculty of Social Sciences

The Faculty of Social Sciences is one of the most populous of the faculties at the University. The present dean is Dr Mark Kirton, a UG graduate whose postgraduate degrees were obtained from Georgetown University (MSc in International Relations) and the University of Texas at Austin (Ph.D in Government). Among the members of the faculty are Prof. Clive Thomas, Prof. Rudolph James, Dr. Michael Scott and Dr. Rishee Thakur, Dr. Daniel Kumar, O’Neil Greaves, Aubrey Norton, Karen Davis, Frederick Kissoon, and Wanda Chesney. A not insignificant number of the present faculty members have graduated from UG.

Past staffers include Saisnarine Kowlessar, Shaik Baksh, Michael Parris, Drs Henry Jeffrey, Perry Mars, Theo Gittens, Tara Singh and Maurice Odle, Carl Greenidge, Raj Chandisingh, and Dr David Dodd.

The faculty has graduated students in the fields of economics, management, accounting, law, public administration, communications, political science, sociology and social work, marketing, banking and finance and personnel and industrial relations.

In recent years it has introduced courses in conflict resolution and public safety. Its activities also go beyond the boundaries of the Turkeyen Campus as its staff teach at the Tain Campus as well as conduct seminars in conflict resolution in communities across the country.

The research arm of the faculty is the Institute of Development Studies, headed by the regionally acclaimed economist, Professor Clive Thomas. Through its work on topics of national interest the Institute has made a significant contribution to the public’s understanding of the issues critical to the country.

The Institute publishes the research journal Transition and has undertaken research for the Pan American Health Organisation (PAHO) and the Inter-American Development Bank, just two of the international organizations that have made use of its expertise. Earlier this year Prime Minister Sam Hinds announced that the Institute’s help would be solicited to assist in developing a questionnaire to determine the views of the members of the bauxite pension fund to its being wound up.

The Law Department headed by Prof Rudy James is currently part of the Faculty of Social Sciences and has submitted proposals to become a School of Law. It is staffed mainly by part-time lawyers and numbered among its staff are Professors Aubrey Bishop and Keith Massiah SC, two former Chancellors of the Judiciary and Prof Peter Britton SC and Stephen Fraser. The quality of its graduates can be gauged by their performance at the Hugh Wooding Law School where they excel every year. Roysdale Forde, Toussant Boyce, Darshan Ramdhani are a few of the outstanding graduates of recent years that readily come to mind.

Like the rest of the university the law students suffer the frustrations of the inadequate availability of texts and up-to- date journals and law reports. Like the Medical School, the fees for this LL.B course are higher than the other degree programmes offered and like the medical programme attract students from other Caribbean territories.

The Women’s Study Unit is also part of the Faculty and is involved in research and outreach work on issues relevant to women. Dr Kirton says that the Unit has its challenges but that he expects that its functioning will be upgraded during the course of the academic year.

One of the most criticised departments is the Communications Unit whose graduates mostly find themselves in the print or electronic media and in the public relations field. The media bosses are the most critical of the Communications programme. They claim that the graduates who enter the field of print journalism have to be trained and most believe that students out of high school with a good command of English are better material than the graduates of the UG programme. In fairness, however, there are not many recorded instances of these bosses making the effort to impact the content of the programme in a way that makes its graduates more employable in the field of print journalism. Nor can a six-week attachment at a newspaper provide the necessary exposure unless it is more structured than at present. Recently a review of the programme has been initiated with assistance from UNESCO and Ohio University.

International Outreach

In terms of its international outreach the faculty has links with Clark Atlanta Center, which includes Clark Atlanta University, Moorhouse, Spellman and Morris Brown Colleges. It also has links with Fordham University in New York, Florida Gulf Coast University, in addition to its traditional relationship with the University of the West Indies (UWI), Suriname’s Anton De Kom University with which it has a vibrant programme of exchange of staff, information and material, as well as with universities in Venezuela and Brazil.

The programme with Clark Atlanta University focuses on democratisation and conflict resolution in Guyana and involves the faculty in outreach programmes designed to impart the basic skills to allow the various communities to resolve their problems.

Dr Kirton says too that the faculty is also developing a number of online courses, as the Internet will play a critical role in the delivery of courses in the future.

Impact on the Natural Sciences

The faculty is one of the more populous of the university’s faculties as, according to Dr Kirton, close to fifty per cent of the UG’s 5000 student population is registered with the faculty for degrees, diplomas or certificates in disciplines it teaches. He is aware of the view that the concentration on the social sciences is to the detriment of the natural sciences but he says that the faculty is responding to demand that has to be met. He says that if it were not met by UG the virtual universities from outside the region would meet it.

Dr Kirton believes that the problem has to be tackled at the level of the secondary schools by reorienting the curriculum towards the natural sciences by improving the teaching of these science subjects. He suggests too that the government should offer high school graduates to write off their loans if they successfully read for degrees in sciences and technology.

The Social Sciences Dean also noted that another consideration is that the university is producing for the global market as students recognise that they need skills that would make them employable. Hence a good mathematics student would opt to read for a degree in accounting where his skill in mathematics would be an advantage rather than read for a degree in mathematics, which he does not feel makes him as employable as an accounting degree.

About criticisms about the quality of the staff, Dr Kirton admits that the capacity to attract and maintain quality staff is a challenge and that the UG administration has to address the remuneration package. “Quality control is necessary if the university is to be internationally competitive”.

Other challenges he recognises are the need for improvement of the university’s physical infrastructure, access to computers and the Internet and the development of computer labs to respond to these needs.

Dr Kirton says that some work has to be done to address the challenges of infrastructure but observes that the completion of the Cheddi B Jagan Lecture Rooms has contributed to the reduction of the mad scramble for space. However, he stresses that there is still an urgent need for teaching and office space. He says that he has to accommodate more staff in a finite number of rooms. He says too that there is also need for more furniture for the students.

A concern for Dr Kirton is the service offered by the present operator of the bookstore which he describes as more of a photocopying facility than a bookstore. As such he says that there is need for a review of the relationship between UG and the operator of the bookstore.

Dr Kirton notes too that UG has a small press, which could provide the opportunity for producing some texts at reasonable cost to students. He concedes that the cost of texts at UG is high but believes that the establishment of creative links with international institutions could lead to the provision of texts at affordable prices.

Critical to the development of the university for Dr Kirton is need for the relationship between the University Council and the Academic Board to be changed from being adversarial to being collaborative. He sees the role of the Council in this relationship as that of formulating policy and that of the academics to implement it.

Fees

The Social Science Faculty has been in the forefront in advocating a realignment of the fees now charged by UG. Dr Kirton explains that the fees were introduced when US$1=G$127. At present US$1 = G$193 and Kirton says that the fees should be realigned to reflect the present value of the Guyana dollar.

He argues that the university lecturers have been subsidising higher education for the past forty years and that having a university comes at a cost. “We either want it or don’t want it. We need a commitment from all the stakeholders and that commitment must be translated into resources for the mutual benefit of the stakeholders and UG”.

Dr Kirton maintains that UG is the cheapest university around but that the level of the attainment of its graduates outside Guyana is a testament to the base that is laid at the Turkeyen campus. But he stresses that it needs assistance if it is to survive and develop.

About the impact of the increases on the poorer students who are already finding it difficult to afford a university education at the present level of the fees, Dr Kirton says that government has to be more creative in finding means to finance the poorer students. One such means, he suggests, is the better management of the revolving student loan scheme.

He argues that the government must invest heavily in human resources development pointing out that it is better to do so than investing in the short-term importation of skills.

Political Branding

Responding to the claims that “a cabal of PNCR executive committee members and supporters run the university”, Dr Kirton admits that the perception is a concern but stresses that all the persons said to be members of the cabal have contributed significantly to the university’s development.

He makes the point that at UG while there is some political rivalry most of the academics have been able to transcend their political affiliations and maintain the desired level of professionalism in their work.

Dr Kirton observes that political branding is unfortunate since decisions made on professional considerations are interpreted as being political and says that the supporters of both major parties are guilty of this.

He bemoans the loss of several colleagues like Drs Jeffrey and Dale Bisnauth, and Baksh among others to government service at a time when they were helping to shore up the university.

Dr Kirton observes that their move to the governmental sector may be in the national interest but it has denuded the university of skills that it could ill afford to lose.

But he says that those who have remained at UG have opted to demonstrate a high level of commitment to the development of the country, adding that it is an option that is “unquantifiable”.

The Tain Campus

Dr Kirton is proud of the contribution the members of his faculty have been making to the programmes at the Berbice campus at Tain on the Corentyne coast. He explained that it was expected that by now the Tain campus would have had its own full time lecturers. This has not happened but the faculty has successfully conducted programmes in Social Work, Public Management and Accounting with a significant input from the faculty members at Turkeyen who make the 160 miles round trip to teach the courses. “That”, he says, “is indicative of his colleagues’ commitment to the development of the Guyanese people”.

He explained that last year the faculty introduced the degree programme in Public Management and next year it plans introducing the degree in Social Work in response to the demand for its introduction by a critical mass of persons who already completed the diploma programme at the Berbice Campus.

Entrance Requirements

Dr Kirton also responded to the comments about UG’s entrance requirements that allow secondary school leavers to enter with CXC “O” levels as against UWI, which requires “A” levels. He says that UG has a different philosophy of education, which stresses democratic access as against UWI, which has traditionally concentrated on teaching the small percentage of the elite academic achievers of the Caribbean. However, he says that UWI is being forced to review its policy and is now moving towards counting life experience as part of its matriculation requirements.

He discloses too that as a result of a retreat of staff members, the faculty is proposing to the Academic Board that while the university continues to accept the CXCs it should reintroduce the open examination from next year so that it “could get a better feel for their skills base and as a criterion for entry”.

Staff Development

One of the criticisms of UG is the unacceptably large number of staff with just first degrees, often obtained at UG, who are on its teaching staff. This, its detractors say, leads to academic in breeding.

Dr Kirton is aware of the danger and says his faculty is always on the lookout for capable non-UG graduates who can bring other perspectives to the programmes and this year has recruited two new non-UG graduates to teach courses in Government and Development Studies. They are Matthew Heaney and Dr Anthony Weis.

But Dr Kirton also says that his faculty staff development programme involves the recruitment of the brightest graduates, who will be mentored by the more experienced lecturers. He says that after two years of training it is envisaged that they will be sent to read for post-graduate degrees. He explains that the idea is to build up a pool of young people who can emerge to take their place at the university.

He says that at present two lecturers - Gail Da Costa and Trina Dundas - are at Wayne State University, Detroit, Michigan where they are pursuing a Masters degree in Dispute Resolution under the UG-Wayne State University Collaborative Programme. He said another, Talia Choy, is reading for an MSc in Maritime Management at Dalhousie University in Canada with funding from the Canadian International Development Agency (CIDA).

He says too that another lecturer, Roxanne Myers, is pursuing a Masters degree in Gender Management and Peace Building at the United Nations University of Peace in Costa Rica under a scholarship from the Government of Denmark.

Dr Kirton says that the faculty is also presently negotiating with universities in Florida for the mounting of a Masters degree in Public Management that would assist in giving access to advanced training.

Research Funds

Commenting on the paucity of research funds that involves the staff in a rat race for the available funding, Dr Kirton notes that there is a central committee, which administers the funds allocated for research annually and each faculty has a small fund which it administers and can make sums of up to $50000 available for research projects. Besides that he said that grants could be accessed from international agencies, explaining that he has recently received a US$23000 grant from UNESCO to conduct research on border issues and urges his colleagues to constantly seek funding opportunities.

Another UG administration official told Current Affairs that the system is not unlike that obtaining at most universities which imposes a deadline for applying for available research funds.

The Faculty of Health Sciences

The Faculty of Health Sciences is headed by Dr Emanuel Cummings. In addition to the MB BS offered by the School of Medicine, it offers a two-year propgramme leading to the BSc in Nursing as well as Associate Degrees in Environmental Health, Medical Technology, Pharmacy and Radiography. Next year the programmes in Pharmacy and Medical Technology will be upgraded to full degree courses.

Also, According to Dr Cummings, the Faculty plans to introduce programmes in Nutrition, Dental Health and Physiotheraphy.

Dr Cummings says that the first batch of nurses -twenty two- will be graduating at the end of the nexy academic year having completed courses in Epidemiology, Patho-Physiology, Nutrition, Nursing Management and completing a Research Project.

However, he fears that the country could well lose some of the nursing graduates if the Ministry of Health does not put plans in place to make use of their new skills as well to remunerate them for their added qualifications.

The School of Medicine

The School of Medicine was established in 1985. It was the brainchild of the late President Forbes Burnham, who died a few months before it opened its doors. In the beginning there was a heavy input by Cuban medical personnel, which has diminished over the years. The first two years of the course are taught at the Turkeyen Campus and the third, fourth and fifth year at the Georgetown Hospital.

Dr Carl “Max” Hanoman is the Director of the Medical School, which now has an annual intake of 18-20 students a year, which the director says allows for individual attention. The fees are US$4000 a year for Guyanese students at an exchange rate of US$1=G$125. Foreign students pay US$6000 a year. The fees are the lowest in the Caribbean.

The School receives no subvention from the government and meets all its expenditure from its fees. He notes ruefully that the entry requirements for the local medical school are higher than those for the medical schools in Cuba but that there are no Government-sponsored students at the Medical School.

“We need benefactors in Guyana. We need financial help to help improve the School. We need more teaching aids. We need finances, People should commit to developing the school. We need to have the Guyanese public give the respect due to the University.”

He says that the children of some leading politicians and professionals have studied at the medical school including the children of Parliamentary Affairs Minister Reepu Daman Persaud and former Chancellor of the Judiciary and Attorney General, Prof Keith Massiah.

The Medical School has attracted students from overseas and the intake this year includes students from New Zealand, Jamaica, Trinidad, St Lucia and Nigeria. He says too that among this year’s graduating class is a Nigerian.

Teaching

Dr Hanoman in an interview with Current Affairs asserts that the complement of courses taught at the local medical school is comparable to those being taught at any medical school overseas.

He says that the graduates of the Medical School have been accepted as interns in Barbados, Jamaica and the UG Medical School “graduates make up the bulk of doctors in St Lucia.”

And as an indication of the quality of the graduates of the Medical School Dr Hanoman says that a UG graduate topped the Caribbean Medical Council examinations, which is an examination that doctors coming to the Caribbean to do postgraduate courses must write. He said the UG doctor topped the field of candidates, which included graduates from universities from all over the world. “So we have a post-graduate fellow doing pediatrics in Barbados right now”.

Dr Hanoman said that the UG doctors have excelled overseas with one graduate working as a Nephrologist in the United States of America as well as graduates who are practicing in England.

He asserted that the lecturers and tutors are “100 per cent dedicated and hardworking” and the students do their clinical years at the Georgetown Hospital. The clinical years last for two and half years.

He says that there is no formal agreement with the hospital but a draft cooperation agreement between the university and the hospital as a means of formalising a tighter relationship. He said problems arose between the university and the hospital after it was corporatised as the latter could then demand whatever it wished.

However, it is Dr Hanoman’s opinion that there is no need for such a formal agreement since he sees that sceptre of cost-recovery lurking about and that could mean higher fees for the students. He says that is a situation they would have to address, as both institutions are there to serve the people.

Clinical Courses

Dr Hanoman explains that there is a lecturer for each subject taught during the clinical years - Anatomy, Regional Anatomy, Histology, Biochemistry, Physiology and Genetics to name a few.

“We use some of the lecturers at university for our basic courses and we use senior practitioners who are well qualified. We have Dr (Herman) Reid who does an excellent job in teaching Histology and Pathology, Dr Nehaul Singh who teaches Anatomy and Gross Anatomy, Dr Emanuel Cummings who teaches Bio-Chemistry, and Dr Ruth Huntley-Benjamin who teaches Physiology and Dr Gomes who teaches Embryology, all Guyanese, with Anatomy being taught by Dr Inez Roldan, a Cuban, who has been here for ten years.”

In Surgery he says there are three clinical tutors, there are two in Orthopedics, and one for Ear, Nose and Throat and another for Radiology.

Other leading medical practitioners who teach at the School include Drs MY Bacchus and Galton Roberts (Obstetrics) Jabour, Mootoo and Bowman (Pediatrics) Dalgleish Joseph, Santosh, Rambarran and Daniel (Surgery) Alexander and Huntley-Benjamin (Dermatology) and Dr George Norton and the junior doctors at the Ophthalmology Department (Ophthalmology), and Validum (Infectious Diseases) Doobay and Wilson (Medicine) and Dr Michael Ally and the other doctors at the GUM Clinic.

Besides these lecturers and tutors, Dr Hanoman says that there are visiting professors from Canada, the US and Westminster Hospital who teach courses at the Medical School. He says too that the specialists who come to do Continuing Medical Education lectures often give lectures at the university for the students.

Dr Hanoman says that the Medical School examinations are monitored by external examiners who are senior professors, from the University of the West Indies, who submit a report of their assessments of the students and make recommendations to improve identified areas of weaknesses. Another external examiner is Prof Jaipaul Singh from the United Kingdom.

Dr Hanoman says the UG students are assessed against international standards, with the minimum mark for graduation being 2.2 Grade Point Average - which equals a 65 per cent mark for all the subjects. “If you don’t work you don’t graduate and if you fail more than two courses you are sent down (dismissed from the programme)”.

About laboratory facilities, Dr Hanoman says that in addition to the laboratory facilities at UG, the students access the private laboratories and at the Georgetown Hospital. At UG there are laboratory facilities for Anatomy, Histopathology and Pathology.

He said that the Histopathology Laboratory was upgraded last year with the acquisition of six microscopes in addition to acquiring teaching tapes for Anatomy used at the University of Toronto. He said too that there is also a Book Research Unit.

About the availability of textbooks, Dr Hanoman says that the students are very “innovative”. He says that Austin’s Bookstore brings in some of the texts and the lecturers and clinical tutors share their books with the students.

Another important tool he says is the Internet as the right websites provide useful information for research.

An advantage he says that the UG Medical School has is that its teaching is “hands on” as the patients here are less aggressive in asserting their rights as patients and so readily agree to requests for students to observe their examinations. That he says is not possible to the same extent where patients are very aggressive in protecting their rights to privacy as patients.

The clinical tutors are paid on an hourly basis and could make up to $300000 a year if they teach 200 hours. The fulltime lecturers are paid about $120,000 a month.

A need for commitment

About the relationship with the Georgetown Hospital Dr Hanoman says that he would like to see a firm commitment from the hospital to teaching the UG medical students.

Unspoken by Dr Hanoman is the impression that Current Affairs has discerned from conversations with some of the clinical tutors is that the “politics of control” that excludes the tutors not working with the Georgetown Hospital from being able to teach their students there. Current Affairs understands that all medical students must be taught at the Georgetown Hospital and that one leading obstetrician was denied access unless he gave voluntary service at the hospital.

This “politics”, Current Affairs has been told, impacts negatively on the students who see their main responsibility being to “get through” and move on. “They no longer have the commitment to serve, or see the opportunity for making money so their focus is finishing the programme and moving on”.

The “politics”, too has been at the root of the problems in previous years when a highly qualified surgeon was unable to teach on the wards of the Georgetown Hospital! The arrangements then made to attach them to specialists at the regional hospital has resulted in the Medical School refusing to accept the marks from those exams because they were not done at the Georgetown Hospital.

The tutors with whom Current Affairs has been conversing say that the position could be reversed if there are more opportunities for postgraduate study to allow them to specialise. “Specialisation is important to a doctor!”

Dr Hanoman fears that there is some thought being given to have the Georgetown Hospital administer the clinical years of the Medical School programme. He considers this a retrograde step as the administrative expertise is at the university and not at the hospital. He says that the idea should be to build the Medical School in cooperation with the university, where there is the expertise and experience and everything is done professionally.

Development and the Need for Specialisation

Dr Hanoman has a desire to see the Georgetown Hospital develop in such a way that all the facilities will be available here to treat those patients who now are being sent abroad for treatment. However, he says that he doesn’t see that happening now, as we