Shared governance, national unity and inclusionary democracy are constitutionally guaranteed – they require political will and demanding citizenry to make them work
CONSTITUTION and laws are dead at their hearts unless they are activated by the people. Be it known that both instruments are derived from the culture of the society they are made for.
This nation should be comfortable that power is being shared between the Government and Opposition in the regions, local government and the nation’s highest decision-making forum, Parliament.
What the nation must demand is respect for and implementation of constitutional provisions that guarantee shared governance, inclusionary democracy and national unity.
What is required is that the relevant Government allows what is mandatory in the Constitution to be effected. Some pertinent articles that attend to such realisation are as follows:
(a.) Article 13 which outlines the “Objective of the political system” stipulates that the nation’s principal political objective is inclusionary democracy, requiring participation of citizens and their organisations in the management and decision making processes of the State, particularly in areas that impact their wellbeing;
(b.) Article 149C secures the “Right to participate in decision-making processes of the State,” specifically allowing for the trade union, cooperative and other socio-economic organisations of national character to play a role in management and decision-making processes of the State;
(c.) The “Supreme Organs of Democratic Power” (Chapter V) ranks the order of the supremacy of the nation’s democratic power (Article 50), vesting such accordingly to (i) the Parliament; (ii) the President; and (iii) the Cabinet;
(d.) Attending to the “Composition of Parliament” Chapter VI allows for the President and National Assembly to work together; and
(e.) Local Democratic Organs which allows for the devolution of power to the grassroots in the task of managing and developing the communities in which they live through Local and Regional Governments are enshrined in Chapter VII.
In examining the constitution vis-à-vis what happens in the society today, inclusionary democracy is being practiced at the regional, national and local levels where the people are able to elect their leaders. What may be necessary is that the mechanism that has been put in place for identification of contestants and arriving at the List of Electors which has opened itself to being skewed, that such be revisited through the attendant laws.
The post 1992 elections made the demarcation more evident in the distribution of power at regional and national governments and the National Assembly, where the political power has been shared among contesting parties, evident in the allocation of seats in the Legislature, who controls the Executive, and distribution of seats in the Regional Democratic Councils and election of chairpersons. Local Government elections in 1994 saw similar distribution of power in the towns, districts and villages.
The 2011 General and Regional Elections saw an Opposition-controlled National Assembly and the Executive with minority seats (33:32). In the Regional Government the PPP secured the plurality of votes for six (6) Regions and held the chairmanship. Between the APNU and AFC, then Opposition, they secured the plurality in four (4) Regions and held the chairmanship. In 2015 the APNU+AFC alliance won the Executive and has control of the National Assembly retaining the configuration of 33:32 seats.
In the Regional Government, of the ten (10) Administrative Regions, the PPP won seven (7) and the alliance three (3) with corresponding chairmanship.
What the Central Government has control of is the nation’s finances but this must be managed in a manner that allows the regions and local government authorities to function effectively.
Article 77 requires that each Region’s development programme be integrated into the national development plans and funding allocated by Government to enable the regions to implement their programmes. The spirit and intent of this article have suffered at the hands of vindictive governments as seen in the instance of Region Ten that has been denied significant State financial input based on per capita.
The National Budget which is prepared by the Executive includes submission from the ten Administrative Regions and is brought to the National Assembly to be discussed through sub-committees that include members from both sides of the House, debated, approved and signed into law.
What we need in 2015 and going forward is growth where both sides of the House must be prepared to examine proposals tabled by either side and where there is merit embrace and arrive at decisions favourable to the Regions based on the resources available. Efforts must be made to ensure evenhandedness consistent with the principle of equality under which the Regions and citizenry are constitutionally protected.
Notwithstanding Article 77, the strengthening of shared governance is reinforced through Article 76 that grants Parliament the authority to “provide for the regional democratic councils to raise their own revenue and dispose of them for the benefit and welfare of their areas.” This article awaits legislations to empower the people to manage their affairs.
Meaningful legislations can reinforce fairness in the system and allow the Regions to deepen the thrust for self-determination. This aid the people cultivating greater appreciation for the need of working together for their collective development rather than having to depend solely on Government, a practice that has been subject to abuse and narrow partisan political interest.
Arriving from ballots cast, the Constitution makes provision for assigned roles and responsibilities. To bring the Opposition into the Executive makes elections pointless. National election determines who goes into Parliament, sits in Opposition or Government benches and who leads the Executive. Regional and local government elections determine the distribution of seats and the chairmanship based on the popular vote cast.
The weakness is not the structure but the absence of political will to respect the will of the people, develop laws to empower the Regions and local democratic organs and moreso to recognise the privilege of being elected requires service to all the people.
In its present form, the Constitution makes provision for sharing of power, national unity and inclusionary democracy at the national, regional and local levels.
The realisation of these requires the people holding elected officials accountable to give true meaning to constitutional guarantees.
By Lincoln Lewis
