Dear Editor,

Professor Justice Duke Pollard’s letter ‘Lowe’s conclusion on case before CCJ was spurious’(Stabroek News, March 21, 2018), which criticizes Mr Sherwood Lowe for expressing his views in a letter ‘Mendez has shifted the CCJ gaze from Article 1 to Article 9 of the Constitution’ (Stabroek News, March 19, 2018), exposes the fact that Professor Pollard is ‘singing for his supper’ – moreso when you consider that he attempts to discount the views of a Guyanese, who has not been pro-PPP, but has been consistent in his expressions since I first met him in the early 2000s.

Mr Lowe in his letter makes it clear that he disagreed with the ruling of former CJ Chang, who found in favour of Cedric Richardson, in the case where presidential term limits have been challenged. However, he has also said that given the arguments made on behalf of Richardson in the appeal before the Caribbean Court of Justice (CCJ), the CCJ would be hard-pressed to reject these.

Professor Pollard, who serves as a Legal Advisor to Attorney General Basil Williams (a post he has held since May 4, 2017) sought to discount Mr Lowe’s comments. Editor, I submit that rather than respond to Mr Lowe, he could have used his time to advise his boss on his misleading comments, rather than go after someone with more credibility.

Mr Williams sought to convey the impression at the CCJ that the issue of term limits was not only signed into law, as a change to Guyana’s constitutional provisions in 2001, but was part of the agreement detailed in the Herdmanston Accord. As it relates to constitutional changes, the Accord makes it clear that: “The matters to be addressed by the Constitutional Reform Commission will be measures and arrangements for the improvement of race relations in Guyana, including the contribution which equal opportunities, legislation and concepts drawn from the Caricom Charter of Civil Society can contribute to the cause of justice, equity and progress in Guyana.” There was never any mention of term limits in the Accord. Moreover, Act No 1 of 1999 addresses the Terms of Reference for the Constitution Reform Commission Act and, again, there is no mention of term limits.

Why did Professor Pollard fail to address this, if he is intent on public declarations of what comments are “spurious” and what are not?

Multiple missteps made by AG Williams have not been addressed by Professor Pollard in his capacity as Mr Williams’ legal advisor.

Yours faithfully,

Peter  R  Ramsaroop

 

SEEKING A DEMOCRATIC PATH: CONSTITUTIONAL REFORM IN GUYANA

Honourable Hari N. Ramkarran*

 

The Herdmanston Accord

After twenty-eight years in power, through rigged elections, the PNC lost the 1992 elections after it was forced by the United States and other countries to agree to minimum reforms and allow international observers. The PPP/CIVIC Alliance (PPP/C) won the elections, and Cheddi Jagan, the long-time leader of the PPP who was elected President, died in March 1997. His widow, Mrs. Janet Jagan, was nominated as the presidential candidate for the PPP/C for the December 1997 elections, which the PPP/C won with the largest ever majority with fifty-five percent of the votes.The elections were followed by civil unrest organized by the opposition for a period of four weeks, which resulted in ethnic tension and violence.

A CARICOM Mission comprised of former Barbados Attorney General and Foreign Minister, Sir Henry Forde, Q.C., then Vice Chancellor of the University of the West Indies, Sir Alistair McIntyre, and former Commonwealth Secretary General Sir Shridath Ramphal, was invited to Guyana and brokered the Herdmanston Accord.

Clause 4(i) of the Accord provided as follows:

A .Constitution Reform Commission will be established by law, with a wide mandate and a broad-based membership drawn from representatives of political parties, the Labour Movement,religious organisations, the private sector, the youth and other social partners. The Terms of Reference of the Commission and its membership will be determined by the National Assembly after a process of consultations with the political parties. It willbe mandated to consult with civil society at large.

Sub-clause (iii) stated:

Among the matters to be addressed by the Constitutional Reform Commission will be measures and arrangements for the improvement of race relations in Guyana, including the contribution which equal opportunities legislation and concepts drawn from the CARICOM Charter of Civil Society can contribute to the cause of justice, equity and progress in Guyana.

CONSTITUTIONAL REFORM IN GUYANA

The Herdmanston Accord also provided for an audit of the elections (which found no significant difference in the announced results), a moratorium on demonstrations (which continued, nevertheless, and resulted in the signing of a new agreement called the St. Lucia Statement 42 ), dialogue between the PPP/C and the PNC, and the creation of a new environment.

Clause 4(ii) of the Herdmanston Accord provided that the Constitution reform process be concluded within eighteen months of the date of its signing, January 17, 1998. However, the process did not commence until January 22, 1999, and had until July 17, 1999, to complete its work if it intended to keep the deadline provided by the Herdmanston Accord.

II. THE CONSTITUTION REFORM COMMISSION ACT

The Constitution Reform Commission Act was passed in the National Assembly and assented to on January 13, 1999. It established a Constitution Reform Commission (Commission) with a chair and vice-chair elected from among its members and a Secretariat headed by a Secretary appointed by the Commission. It was to be constituted as follows: five members nominated by the PPP/C; three members nominated by the PNC; one member nominated by the United Force; 4 3 one member nominated by the Alliance for Guyana; 44 a farmers' representative; a private sector representative; an indigenous people's representative; a women's organizations' representative; a youth organizations' representative; a Guyana Bar Association representative; a Hindu religious organizations' representative; a Muslim religious organizations' representative;a Christian religious organizations' representative; and a Labour Movement representative.

The Act provided that in conducting its review of the Constitution, the Commission shall take into account the following: the full protection of the fundamental rights and freedoms of all Guyanese; the rights of indigenous people; the rights of children; eliminating discrimination in all its forms; improving race relations and promoting ethnic security and equal opportunity;measures to ensure that the views of minorities in the decision-making process and in the conduct of government are given due consideration; implementing reforms relating to elections; measures to secure and protect economic, social and cultural rights of all Guyanese; measures to maintain and strengthen the independence of the judiciary; measures aimed at safeguarding public funds and at maintaining and enhancing integrity in public life; the functioning of the National Assembly and any measures which can enhance its capacity and effectiveness as a deliberative body; the functioning of the local government system and measures to improve its capacity and effectiveness; and the representations made to the Special Select Committee on Constitutional Reform established in accordance with the resolution of the National Assembly passed on December 1, 1994."'

A. The Commission

The Commission was constituted on January 22, 1999, and held its first meeting on January 25, 1999.' Apart from the chairman, assistant to the chairman, secretary and deputy secretary, the Secretariat consisted of five heads: Documentation and Research, Public Education and Information, Logistics, Financial Administration and Project Monitoring, and Document Replication and Distribution. There were eight supervisors assisted by many other staff. The partial effect of the Constitutional Reform Act was to limit the Commission to recommendations endorsed by a large majority or consensus. The Commission held eighty-five public hearings at locations across the country, receiving 4,601 proposals through the public hearings. It received information by extracting written and oral submissions from the previous Select Committee, inviting the public to send written submissions, extracting submissions from articles published in newspapers, establishing special public hearings as a result of special requests from persons and organisations, taking individual Commissioners' views and submissions, and providing internet information to stimulate responses from Guyanese residing overseas. It received evidence from seven foreign experts and assistance from seven Guyanese experts. Its members divided themselves into several groups to consider various aspects of the Constitution which, as provided for in the Herdmanston Accord and other documents, formed the mandatory issues for consideration provided.

B. The Recommendations of the Constitution Reform Commission

 The Commission made recommendations in relation to twenty-three areas: the Preamble to the Constitution, fundamental rights and freedoms of the individual, indigenous rights, rights of the child, gender rights, the presidency, parliament, local Government, the judiciary elections commission, the electoral system, the Constitution as a document, land and the environment, right to education, the economy, the right and the duty to work, finance, national security, commissions, religion, race relations, the state and the Constitution, and Constitution Reform for the Future. In making its recommendations under each heading, the Commission considered and set out the rationale for the recommendations. Some of the recommendations are asfollows.

 6. The Presidency

The recommendations for the presidency included:" a person shall hold the office of president for a maximum of two terms and those two terms shall be consecutive;