NOVEMBER 11,2016 Source

…commission, secretariat to be set up

GOVERNMENT will early next year roll out its programme for constitutional reform, with the establishment of a Constitutional Consultative Commission and then the setting up of a secretariat to drive the process. Prime Minister Moses Nagamootoo who has ministerial responsibility for governance, told the Guyana Chronicle earlier this week that his office has submitted a budget for the programme next year and has already mapped out areas where consultations will be held across the country. “The constitutional reform process is very active contrary to what we have seen in the press,” Mr Nagamootoo said.

A Steering Committee on Constitutional Reform (SCCR) was established last August to draft a work programme and make recommendations for constitutional reform, a process for which repeated calls have been made. It comprised Hughes; former Director of Transparency International, Attorney-at-law Gino Persaud; Professor Harold Lutchman; former magistrate Geeta Chandan-Edmond; and former chief economist at the Central Bank, the late Haslyn Parris. On April 30 this year the committee handed over its report to Prime Minister Nagamootoo. Nagamootoo said that report was tabled at Cabinet. However, he said key to the entire process of constitutional reform was the establishment of the consultative commission, which has to be approved by Parliament. “These are all part of our programme which will be rolled out early next year as soon as the budget is approved…” Nagamootoo said.

No appetite

The Stabroek News reported earlier this week that the coalition government and the opposition People’s Progressive Party/Civic (PPP/C) “do not appear to have any appetite for constitutional reform.” Professor Harold Lutchman was quoted as saying: “What they support when they are in government is entirely different to what they support when they are out of government. The same thing they criticise when they are out of power, the same thing when they are in power they don’t see anything wrong with,” contended Lutchman. Former Speaker of the National Assembly Ralph Ramkarran, also commenting on the matter, said that the APNU+AFC-led coalition government is very slothful in getting the process started, although it would have been high on its manifesto priorities.
“The report has been made and the last thing we heard about it was that the government is awaiting the return of Mr [Prime Minister Moses] Nagamootoo to discuss it in Cabinet. He has returned from an overseas trip to India, where he was at the time, and there has been no public indication, to date, that the report has been discussed,” Ramkarran asserted. “It is clear that the government is dragging its feet on the constitutional reform process…the government is happy with the Constitution as it is. They have changed their minds now that they are in power and seem to now be comfortable,” he added.
Meanwhile, the steering committee in its report had made recommendations for a structure of the commission and secretariat. Contending that the previous Constitution Commission was “too large,” the Steering Committee is recommending that the membership of the Constitutional Reform Commission not exceed more than 11 persons. However, before reaching this stage, legislation will be required to establish the body.

In its report, the SCCR said the Constitutional Commission should consist of four or five constitutional law experts, two or three judges, foreign constitutional law experts (Commonwealth), experience lawyers, civil society and academics. Accompanying this proposal was a list of experts who enjoy the confidence of the committee. These experts include: Sir Fenton Ramsahoye, SC; Miles Fitzpatrick, SC; Rex McKay, SC; Ralph Ramkarran, SC; Douglas Mendez, SC; Stephen Fraser; Dr. Lloyd Barnett; Dr. Nigel Harris; Sir Shridath Ramphal, and Rashleigh Jackson, among others.

It further opined that a three-tiered system for the Commission be considered, noting that a set of legal experts (6-11) should prepare a draft base document incorporating some of the recommendations of the Committee. That document, according to the SCCR, should then be shared with wider stakeholders, including representatives of political parties and civil society.“The Commission will be expanded after the draft has been completed and presented to the stakeholders for their consideration,” the Committee further opined.

The expanded commission, the SCCR said, should include one representative from the A Partnership for National Unity (APNU), Alliance for Change (AFC), the People’s Progressive Party (PPP), the Trade Unions, a youth representative, the Guyana Bar Association (GBA), the Indian Arrival Committee (IAC), the Indigenous Peoples, the African Cultural and Development Association (ACDA), the Hindu Community, the Christian Community and the Islamic Community.

The Committee also recommended that representatives from each of the non-party political groups be appointed by the respective organisations after a verifiable electoral process is determined by the National Assembly or a select committee.In addressing the functions of the Commission, the SCCR recommended that the body be headed by a chairman and a deputy chairman and have at its disposal an administrative team. “The Constitutional Reform select committee of the National Assembly should remain constituted and should, on behalf of the National Assembly, have the power to facilitate the due and efficient functioning of the commission, and to receive the report of the Commission for transmission to the National Assembly,” the SCCR further recommended.

A Documentation and Research Department, Public Education and Information Department, and a Document Replication and Distribution Department were among the divisions recommended by the SCCR, in addition to a secretary to the commission, a confidential secretary to the secretary and a deputy secretary. A Financial Administration and Project Monitoring Unit has also been recommended.“The CRC should strongly consider the hiring of a public relations team tasked with the responsibility of disseminating to the general public its work, including submissions received and its programme and the reception of submissions by the public,” the SCCR further proposed.

Turning its attention to the issue of funding, the Committee suggested the consideration of the Inter-American Development Bank (IDB).
It noted that a delegation from the IDB consisting of Ms. Stacy Ann Wilson and Mr. Lawrence Latchmansingh had met with members of the steering committee. During that meeting, the team indicated that the IDB was at the exploratory stage of identifying projects globally which they may elect to assist in funding and Guyana was among countries being evaluated.

“There were discussions about those aspects of constitutional change which the IDB could possibly fund including education on the constitution and the reform process, especially as different regions of the country are impacted in different ways. Particular reference was made to the difficulty of access to the remote communities of the country,” the SCCR said.
Other funding agencies can also be considered, the committee posited, while further suggesting other international financial institutions, foreign governments and their development aid arms, the Caribbean Development Bank and all donor agencies.

Additionally, it has recommended that a number of model constitutions be considered, including the Constitution Acts of Canada (1867-1982) Consolidated as of January 1, 2013; the Constitution of India updated to June 6, 2004; Constitution of the Republic of South Africa 1996 updated on August 23, 2013; the Constitution of Fiji and the Constitution of Singapore.