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Former Member

The Minister of Indigenous Affairs has made no mention of the Amerindian Act

By, Staff Writer, June 30, 2015, Source

Dear Editor,

It is noticeable that in the published statements that he made since taking office, the Minister of Indigenous Affairs has not once acknowledged the Amer-indian Act 2006. Specifically, he has not bothered to mention actions taken so that his announcement of impromptu elections is not in breach of that law, as it appears to be so far.

His more general comments on the conduct of his ministry do not indicate that he feels obliged to govern under existing written law. As a politician he must know this issue is of public interest, and the new government must publicly declare its policy position regarding the governance of Guyana’s Indigenous people. If the Amerindian Act 2006 is not applicable to present conditions, it must be revised or abolished (and arguments for both have been voiced). Indigenous people are not happy to know there is a law for them that is ignored except when it can be used by central-government functionaries to gain party political advantage.

In stating an intention to depoliticise the National Toshaos’ Council, the Minister has made no reference to the clear provisions for that body in the law, namely the Amerindian Act 2006. If the administration is not guided by written law in regard to the functions of that council, then all it will succeed in doing is to transfer the allegiance of Toshaos from the previous government to the present one. In my opinion, that would continue to betray the intent of the constitution concerning the Guyanese Indigenous people, in contradiction to the coalition’s stated policy to govern by the rule of law.

I would like to bring this danger to the attention of the Minister of Governance and politely ask for a public expression of his views on this particular matter.

Even during this honeymoon period, Editor, we are looking to our Indigenous Minister for some signal that he is thinking about governance issues, if only to fulfil campaign promises.

Yours faithfully,
Patrick Fitzpatrick

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Former Member

Originally Posted by Demerara_Guy:

Dear Editor,

His more general comments on the conduct of his ministry do not indicate that he feels obliged to govern under existing written law. As a politician he must know this issue is of public interest, and the new government must publicly declare its policy position regarding the governance of Guyana’s Indigenous people. If the Amerindian Act 2006 is not applicable to present conditions, it must be revised or abolished (and arguments for both have been voiced). Indigenous people are not happy to know there is a law for them that is ignored except when it can be used by central-government functionaries to gain party political advantage.

Yours faithfully,
Patrick Fitzpatrick

The Minister of Indigenous Affairs has made no mention of the Amerindian Act, By, Staff Writer, June 30, 2015, Source

6/30/151:50 PM

Former Member

Can the Minister state definitively that the Amerindian Act has been complied with for the holding of village council elections?

By Staff Write, June 22, 2015, Source

Dear Editor,

By naming July as the month for the holding of Indigenous village council elections, the Minister of Communities has prompted us to examine the letter of the law as laid down in the Amerindian Act 2006. To maintain the credibility of the new administration’s promise to ensure the rule of law, the Minister may see the wisdom in making very soon a public statement that in each and every one of our Indigenous communities, the mandatory provisions of the Act have been fulfilled regarding the preparation for elections.

Please permit me, Editor, to repeat my previous observations that the Act requires, in Section 33 (3), that not less than three months before the date of elections the Minister shall arrange for a general audit of financial and other records to be carried out; in Section 33 (4), (5), that each village council shall call a village general meeting to make available a copy of the general audit immediately it receives it from the Minister; in Section 69 (1), that not later than 60 days before the election date the village council shall compile an electoral list of all adult residents and display it for inspection; in Section 68 (1), that the Returning Officer shall give the village council a written notice of the election not less than 35 days before election day.

If the Minister is able to state definitively, village by village, that these and other provisions of the Act have been complied with, to allow legal elections at the time he has recently specified, then Amerindians and all other Guyanese will applaud the new government’s adherence to the rule of law promised in the national campaign. If he cannot make that statement officially and verifiably (as, from my information, he cannot) he must be aware that village councils and Toshaos thus elected will thereby be open to legal challenge. To avoid this, the Minister may be able to find a way, under Section 82 which gives him the power to make regulations under the Act, to legalize his recently announced date of the elections.

Either way, Editor, the Minister and the entire cabinet should remember that their duty is under the constitution and the written law. They must realize that their actions, however well meant, cannot be impromptu, for they are under scrutiny, as Guyanese take up their civic duty of holding their government to account.

Yours faithfully,
Patrick Fitzpatrick

6/30/152:07 PM

Former Member

Is Allicock the only Minister without qualifications (degree of some sort)?

6/30/1510:13 PM

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The Minister of Indigenous Affairs has made no mention of the Amerindian Act

Can the Minister state definitively that the Amerindian Act has been complied with for the holding of village council elections?

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