Progress still slow in implementing decisions
Stabroek News
January 21, 2004

Related Links: Articles on Current Affairs
Letters Menu Archival Menu




There has been some progress in the implementation of the decisions taken by President Bharrat Jagdeo and the Leader of Opposition Robert Corbin. The two leaders, however, have not yet resumed their discussions in the constructive engagement process. They however have met for the constitutionally mandated consultations on the appointments to the service commissions.

As a result of those consultations the members of the Public Service and the Police Service Commissions have been sworn in and they have already had their first meeting. Former Public Service Minister George Fung-On and retired Deputy Commissioner of Police Ivan Crandon are respectively the chairmen of the Public Service Commission and the Police Service Commission.

Current Affairs understands that with the Police Service Commission in place the President has yet to initiate the consultation with Crandon on the appointment of Deputy Commissioner of Police Winston Felix as Commissioner of Police. Last month President Jagdeo had expression the hope that Felix would have been appointed by the end of last year.

Though Fung-On is the chairman of the Judicial Service Commission, the members are yet to take their oath of office. The Chancellor of the Judiciary, Desiree Bernard chairs the commission and its other members besides the chairman of the Public Service Commission are the Chief Justice, retired High Court judge, Prem Persaud who is to be appointed in accordance with article 198(2)(a) and Bryn Pollard who has been nominated by the National Assembly in accordance with article 198(2)(b).

There is as yet no movement on the constitution of the Teaching Service Commission. The constitution requires the President to consult with the Leader of the Opposition on the appointment of three of its members; the Minister of Local Government to consult with the local government bodies on the nomination of another three members and the President to appoint one member nominated by the Guyana Teachers' Union (GTU). The GTU has already submitted the name of its nominee to the President. With respect to the members the Local Government Minister nominates, it is still unclear whether he has completed the consultation process mandated by the constitution.
Bharrat Jagdeo

In the absence of meetings between the President and Corbin, their high representatives have been meeting on issues such as the draft broadcast legislation and the Public Procurement Act.

Since their last meeting in September, there has been no meeting between President Bharrat Jagdeo and PNCR leader and Leader of the Opposition Robert Corbin. Instead there has been an exchange of letters, which could lead to some movement in getting the constitutional service commissions established. The exchange of letters also sought to establish what progress has or has not been made in the implementation of the decisions of the constructive engagement process.

Revelations about the involvement of the Minister of Home Affairs with a "phantom gang" by a self-confessed member of the gang has sparked calls by the PNCR for the Minister's resignation while an independent investigation into the allegations made against him is conducted. It has also launched a signature campaign in support of its call for the Minister's resignation.

More critical for the constructive engagement process is the PNCR's non-recognition of Gajraj's authority and the refusal of its parliamentarians to participate in any official activity at which he is present. What is uncertain is whether the PNCR parliamentarians will participate in the work of the National Assembly if Gajraj is present. They have already refused to participate in the work of the Select Committee reviewing the list of public holidays with a view to including May 26 (Independence Day) and May 5 (Indian Arrival Day) as public holidays without increasing their number.

The PNCR has already written the diplomatic community resident in Guyana and the CARICOM governments about the allegations made against the Minister.

There has been no further meeting between the stakeholder group and the high representatives nor among the members of the group. However, Current Affairs understands that President Jagdeo has met with the donor community to seek its assistance in the implementing of changes with respect to the National Assembly and the constitutional commissions as mandated by the amendments to the constitution.

Meanwhile not much work has been done to continue the upgrading of the facilities at the Public Buildings for the parliamentarians. Four of the seven identified research positions have been filled but a substantive head of the research section is yet to be appointed.

Two Internet-ready computers are available for the use of parliamentarians but the services of officers of the unit and access to the computers are not available outside the normal working hours of the Parliament Office.

Current Affairs understands too that Clerk of the National Assembly is expected to meet the Head of the Presidential Secretariat to discuss the availability of funds for the various projects that are being undertaken at the Parliament Office.

Detailed below is the stage at which the implementation of the various decisions is gleaned from its inquiries and statements by the government and the PNCR as at January 18, 2003.

1.Parliamentary And Constitutional Reform:

1.1 Strengthening the Capacity of the Parliament Office.

The President and the Leader of the Opposition agreed that:

* Increased budgetary resources would be required in a timely manner, in 2003, to meet the operational and other needs of the National Assembly and ensure its smooth functioning.

* As a matter of priority, the Parliamentary Manage-ment Committee will undertake the ongoing review of the capacity of the Parliament Office to discharge its functional responsibilities to the National Assembly.

The Parliamentary Management Community has reviewed the project document outlining the work to be carried out but implementation of the work now awaits the release of the relevant funds.

1.2.1 Increasing the Administrative Capacity of the Parliament Office:

With the removal of the Public Utilities Commission, the work to renovate that part of the building was halted last month but is expected to resume once the relevant funds have been released.

1.2.2.The Provision of Research and Documentation

Support for the Work of the Committees:

IT Requirements:

The IT requirements have been determined and the supply of the equipment is being awaited.

Documentation and Information Services:

The Needs Assessment Consultant has completed the identification of the technical needs for the establishment of modern documentation and information service.

Documentation and Information Staff:

Recruitment has been initiated and is continuing.

Professional Research Staff:

A research unit has been established. The Head of the Unit has not yet been appointed. Parliamentarians must channel their request for assistance from the unit through the Clerk of the National Assembly, pending the appointment of the head of the unit.

1.2.3.Remuneration for MPs and Administrative and Logistical Support for Regional MPs:

Current Affairs understands that there is agreement to pay an additional $20000 to the parliamentarians who are members of the various parliamentary committees.

1.2.4.Physical Facilities Within the Public Building:

The President and the Leader of the Opposition agreed the need to enhance the physical facilities at the Public Building to support the work of the Committees and the National Assembly as a whole. It has submitted plans for the physical modification/renovation of the Public Building to the Office of the President.

With the removal of the PUC work has started on the modification of the building for the needs of the staff and Committees of the National Assembly and on the installation of Information Technology and Commu-nication (ITC) capacity. This installation should have been completed by the end of the Recess in October.

1.3.The Appointment of the Constitutional Commissions:

1.3.1.Establishment of the Ethnic Relations Commission:

The Ethnic Relations Commission has begun working even though the members from the Indigenous People's Commission, the Women and Gender Equality Commission, the Commission for the Rights of the Child and the Human Rights Commission have not yet been named. These commissions are still to be established.

The commission has begun consideration of the complaint made by the Indian Arrival Committee and a public servant who has complained of discrimination which has resulted in her being transferred.

The commission has also employed some staff who are stationed at the Bidco building in Queenstown which is being renovated for use by the Constitutional commissions. It has already began holding its meeting at the Bidco building including at least one meeting with one of the interest Groups represented on the commission.

Other action that still remain to be taken for the full operationalisation of the Commission are:

The early appointment of:

(a) The Tribunal for the Ethnic Relations Commission, and

(b) The Chief Executive Officer and staff of the Secre-tariat for the Commission. The Parliament Office continues to provide secretarial services for the Commission.

1.3.2.The Appointment of the Public Procurement Commission:

As a result of the deadlock on the Public Accounts Commission on the criteria for evaluating the persons submitted by the parties for appointment to the Public Procurement Commission, the high representatives have devise a formula for appointing the commission members for the consideration of the President and Corbin.

The committee has before it the names and resumes of ten persons submitted

By the PPP/C and the PNCR, who they deem as suitably qualified for appointment to the commission.

The Constitution requires the persons to be appointed to have "expertise and experience in procurement, legal, financial and administrative matters".

Other actions required for the implementation of this decision are the Appointment of a Chief Executive Officer and staff for the Secretariat of the Commission.

1.3.3.Appointment of the Chairperson for the Human Rights Commission:

The Leader of the Opposition has begun the consultations to prepare a list of six eligible persons not unacceptable to the President from which to appoint the chairman for this Commission.

The Constitution requires the person to be appointed as chairman of this Commission to be a person who has been a judge of a court of unlimited jurisdiction or is qualified to be appointed a judge of such a court or any other fit person with expertise or experience in human rights matters

1.3.4 The Appointment of the Commissions for Women and Gender Equity, Indigenous Peoples and the Rights of the Child:

The Appointive Committee has already begun implementing the constitutionally mandated consultative process for the appointment of the members of these Commissions.

1.3.5 Appointment of the Members of the Constitutional Service Commissions:

The members of the Public Service Commission have been sworn in. It is chaired by former Minister of the Public Service George Fung-On. The other members are John Worrell, deputy chairman, Leslie Melville, Dr Kissoon, David Yhann and Harrynarine Nawbatt.

With the election of the Fung-On as the chairman of the Public Service Commission, the Police Service Commission of which he is by the Constitution a member has also been established and begun meeting. It is chaired by retired Deputy Commissioner of Police, Ivan Crandon, who was
named after consultations between the President and Leader of the Opposition. The other members are retired Deputy Commissioner of Police Henry Chester and retired Assistant Commissioners of Police Duncan Clarke and Harold Martin.

The National Assembly has approved names the Appointive Committee has Recommended for submission to the President for appointment to the Public Service Commission. The way is now cleared for the establishment of the Public Service Commission, the chairman of which sits on the Judicial
Service Commission and the Police Service Commission. The National Assembly has already informed the President of its nominees for these commissions.

The Judicial Service Commission has yet to be constituted even though the persons to be appointed to sit on the commission with the Chancellor of the Judiciary, the Chief Justice and Fung-On have been named. They are retired High Court judge, Prem Persaud and former CARICOM general counsel Bryn Pollard SC.

The members of the Teaching Service Commission are still to be named and the commission constituted. The Commission comprises three members whom the President appoints after consultation with the Leader of the Opposition; three appointed by the President and nominated by the Minister
of Local Government who is required to consult with the local government bodies; and one member appointed by President after he has consulted the Guyana Teachers' Union. on the nomination of another three members and the President to appoint one member nominated by the Guyana Teachers' Union (GTU). The GTU has already submitted the name of its nominee to the President. With respect to the members the Local Government Minister nominates, it is still unclear whether he has completed the consultation
process mandated by the constitution.

1.3.6.Remuneration of members of the Constitutional Commissions:

It was agreed that the levels of remuneration for Commissioners for the Constitutional Rights Commissions including the Ethnic Relations Commission would be similar to those for members of the Constitutional Service Commissions. The pay of the Chairman of the Public Service
Commission at December 31, 2001 was $136 889 a month, telephone allowance $50 per month and a travelling allowance of $9,500 a month. The Deputy Chairman was paid $68,500 a month, telephone allowance of $50 and a
travelling allowance of $6,336 a month. The other members of the Commission were paid a stipend of $38,500 a month plus a telephone allowance of $50 a month and a travelling allowance of $6,336 a month.

No decision has been taken as yet.

1.3.7.The Public Procurement Act 2003:

The teams appointed by the President and the Leader of the Opposition continue to meet. They have sought legal opinion on some ambiguities in the legislation.

2.Implementation of the Decisions of the Bipartisan Committees:

2.1.National Policy on Land and House lots Distribution:

The PNCR will soon submit its assessment of the State Paper the Minister of Housing and Water laid in the National Assembly. The PNCR has not yet done so.

2.2.Local Government Reform:

The Joint Committee is finalising its report. Last week it benefited from services of Dr Mark Rider and Dr Andrey Timofeev from the Andrew Young School of Policy Studies, Georgia State University.

The final report will contain the committee's recommendations on the Electoral system for local government elections, the system the central Government will use for making annual fiscal allocations to the local
Government bodies and the terms of reference an independent constitutional Local government commission.

The legal draftsman whose services are being made available through funding from the National Democratic Institute, has begun the task of translating the committee's recommendations into legislative form.

2.3 Depressed Communities Needs:

The President and the Leader of the Opposition have agreed the projects to be implemented in Regions 6 and 10.

Region 10.

The identified projects in Region 10 have progressed satisfactorily. The project at Victory Valley is scheduled for completion by the end of the month.

The project at Blueberry Hill has been completed save for some minor work still in progress

Region 6

The Regional Administration for Region 6 has placed for advertisements for

The supply of two pumps to be used for the projects identified for

Hoggstye/Lancaster and Fyrish/Gibraltar. The deadline for submission of bids is next week.

2.4 Radio Monopoly and Non Partisan Boards:

*The government has announced the merger of the GTV and GBC which should take effect shortly. It is anticipated that the board of the new entity will be constituted in accordance with the recommendation of the Broadcast
Committee. The committee's recommendation requires the boards of the state Media organisation to each comprise one representative each from the Consumers' Association, the University of Guyana and the workers of the
particular entity; no less than three but no more than four members nominated by the President; no less than two but no more then three members nominated by the Leader of the Opposition after consulting with the other opposition parliamentary parties. The general managers of the state media entities will ex officio members of the boards for their organisations.

*The representatives of the President and the Leader of the Opposition are still discussing the PNCR concerns about the draft legislation.

*The representatives of the President and the Leader of the Opposition are still discussing their proposals for giving effect to the commitment for Equitable Access by Political Parties (as distinct from Government) to the State Media. They have had one meeting since their exchange of letters in the media as to where the blame lies for their not meeting with the regularity required.

2.5 Border and National Security Issues including the Recapitalisation of the GDF:

The Minister of Foreign Affairs tabled an edited version of the Joint Committee's Report in the National Assembly, on July 5, 2003. The President and the Leader of the Opposition have agreed that the Government will implement the recommendations accepted by the National Assembly and the Foreign Relations Sector Committee would monitor Government's implementation.

2.6 Establishment of the Committee to Prepare a Comprehensive Development Programme for Region #10:

The final Report of the Government's projects and programmes being executed in Region 10 was submitted by Friday 2003 September 19.

The President and the Leader of the Opposition have established a Joint Team to examine the document to determine whether it represents a comprehensive Development Programme for Region 10. There has been no movement on the issue.

3.Appointment of PPP/C and PNCR Nominees to State Boards, Commissions and Committees:

It was agreed that the PPP/C and the PNCR would have representatives on 152 Boards, Committees and Commissions including the ten regional land selection committees, the 32 local Boards of Guardians, the National Drainage and Irrigation Boards and the various regional D&I committees. These nominations are being made.

4.Appointment of the Disciplined Forces Commission:

Since the Disciplined Forces Commission submitted its interim report on the Guyana Police Force on December 1, 2003, Maggie Bierne has resigned. Dr Harold Lutchman has replaced her on the commission. The PPP has objected to Dr Lutchman's appointment because he gave evidence thought the Trades Union Congress. He is the adviser to the TUC. In a statement issued last week the PPP said that it cannot be expected to automatically bound the Commission's
Final report as "it can be tainted by partisan considerations.

Meanwhile the Commission is windup its public hearings. Its final report is Due for submission to the National Assembly next month.

5.Agreements for the Electricity Sector:

The Government of Guyana will verify whether the agreements were all tabled in the National Assembly.

6.Establishment of Office of the Leader of the Opposition:

The modalities for the establishment of the Office of the Leader of the have been determined.

7.Dissolution of the Linden Town Council and Appointment of an Interim Management Committee:

The Linden Town Council has been dissolved in accordance with the Municipal and District Councils Act following the report of the enquiry set up by the Minister. An Interim Management Committee has been appointed and has commenced
its work.

8.Meeting to Discuss Outstanding Agenda Items:

The President and the Leader of the Opposition have yet to be meet as they agreed they would in their statement issued after the September 15 meeting.

The matters they agreed to consider are the De-Politicisation of the Public Service, Legislation on Crossing the Floor, Legislation establishing a Permanent Elections Commission and the PPP/C's Paper on "Inclusive Governance".