Latest update November 27th, 2024 1:00 AM
May 10, 2009 AFC Column, Features / Columnists
By Sheila Holder,
MP and Vice-Chair
One can detect that the level of frustration being experienced in the society is fast approaching its zenith with the political indiscretions being displayed by the governing political party. A prominent businessman recently expressed to me the view, in all seriousness, that the biggest and most destructive industry in Guyana was ‘Politics’ due to the damage it has spawned in virtually every facet of life in the country.
There is cause for concern in the AFC camp when persons, expressing their frustrations with the dysfunctional state of Guyanese politics, lump politicians generically together in one disparaging whole. I say this for the simple reason that some sections of the electorate have to share some of the responsibility for the state of politics in Guyana because it was they who fell for the trap of rewarding governments with their votes based not on performance but on race.
In the practice of politics, we ought to recognise that ‘justice and peace in any society are closely related to the distribution of benefits. Policies that create wide disparities of wealth and opportunity run counter to the well-being of the people as a whole.’ – a quotation taken from page 34 of the book ‘Seeds of Peace’ by Sulak Sivaraksa. Guyanese are paying the price for years of dysfunctional racial politics, which some in the society seem to believe is their right, given the natural human need to gravitate to comfort zones. If racism is wrong in principle, it cannot be right in politics.
Recently, the AFC has been getting ‘under the skin’ of President Jagdeo who seems compelled to lash out at the party in a rather unstatesmanlike manner with unsubstantiated statements. One such comment appears to have been made in the hope of painting the AFC with the same tarnished brush with which the PPP/C has been painted. It is, therefore, necessary that I state that during the 2006 National Elections campaign, great care was taken by the AFC to ensure that no donations from those known to be involved in the illicit trade of trafficking in narcotics found their way into the party’s campaign financing coffers.
So concerned are we about this occurrence in the financing of political parties generally, and their elections campaigns specifically, that the AFC took the decision immediately after the 2006 National Elections to commit to introducing revised campaign financing legislation as a prominent feature in our five-year parliamentary agenda for the ninth Parliament.
CHIEF ELECTIONS OFFICER (CEO) FAILING IN STATUTORY DUTY
It should be noted that Guyana has elections campaign expenditure limits laid down in the Representation of the People Act chapter 1:03 which the CEO is responsible for monitoring and enforcing, but he has never done so. The most obvious reasons being that, in the first place, he takes his instructions from the politically controlled PPP/C & PNCR Guyana Elections Commission (GECOM) and, secondly, that the members of GECOM recognise that nearly all candidates, and mostly all contesting parties, violate the limits by leaps and bounds thereby providing the rationale for their tacit collusion in breaching the law.
Part XIII section 116 (2) of the Act requires of contesting parties submission of elections expenses returns to the CEO accompanied by a declaration not later than the 35th day after the declaration of the elections results. Similarly, GECOM is also in breach of its statutory duty to submit reports on the conduct of elections to the National Assembly since it has never done so.
POLITICAL PARTY CAMPAIGN LIMITS
According to the Representation of the People Act, a candidate in the National and Regional elections is limited to a maximum expenditure of $25,000; while the limit placed on political party expenses is $50,000: – multiplied by the number of candidates – not exceeding 53 – on the list of 65 candidates on a party’s parliamentary list.
Having had my sense of political propriety honed in the WPA, this Law is one that I feel strongly should have been reformed by President Jagdeo’s Government prior to the 2006 National and Regional elections to allow for transparency, accountability and equitable treatment of contesting parties. In fact, I believe the Working People’s Alliance is the only political party that ever filed returns on their campaign expenditure as required by the Act that was last amended in 1990 during President Desmond Hoyte’s administration.
Following the August 19, 2004 visit to Guyana by Nobel Laureate and former U.S. President Jimmy Carter, the Carter Center released a statement following his meeting with President Jagdeo from which this comment was extracted. ‘He (President Jagdeo) would like the Carter Center to send an expert to help draft comprehensive legislation requiring full disclosure of all contributions made to political parties and how funds are expended. He (President Jagdeo) also wishes assistance in the drafting of an access to information law similar to what we have done in Jamaica and Ecuador. We will pursue this”.
To date, five years later, neither commitment has been kept by President Jagdeo. Therefore, any concern he expresses about the source of the AFC’s financial contributions rings hollow and is without substance. As is generally known, three years ago Raphael Trotman, MP, Leader of the AFC, had laid in the National Assembly a Freedom of Information Bill No. 12/2006 which has not received PPP/C support for its passing into law.
Given these truths, do you believe that the AFC will receive the support of President Jagdeo and his government when we seek to enact a comprehensive revision of the Representation of the People Act to ensure compliance? ‘Good laws that have the consent and support of the people can be administered with little difficulty.’ quoted from Sulak Sivaraksa’s book ‘Seeds of Peace’. When that time comes it will become crystal clear who wishes to be transparent and who does not!
FREEDOM OF INFORMATION & YOU
With the recent announcement by His Excellency, President Jagdeo that the government will soon be introducing a Freedom of Information Bill, the AFC is overjoyed. We however wish to remind government of the existence in the National Assembly of a Bill of the same name, which was tabled with the same intention as that stated by the President.
The AFC’s Freedom of Information Bill was submitted to the National Assembly on the 24th November, 2006 by Raphael Trotman, M.P. It is modeled after similar legislation that has been enacted and is operating in Trinidad & Tobago. Our Bill had the benefit of a review and upgrade by the New Delhi, India, based institution, Commonwealth Human Rights Initiative. The AFC proposes that the current Bill be reviewed and adapted rather than altogether new legislation having to be drafted.
What is Freedom of Information Legislation? It is really a set of rules set out in legislation on how citizens and other interested parties can access information held by government bodies. Over the next few months the AFC will seek to explain and highlight the benefits of this legislation and to educate the public as to what to expect when the government makes its move to support the legislation.
We will examine what features to be on the lookout for, and how the legislation can be used as a tool to ensure greater government transparency and efficiency. President Jimmy Carter explains that “Public access to government-held information allows individuals to better understand the role of government and the decisions being made on their behalf. With an informed citizenry, governments can be held accountable for their policies, and citizens can more effectively choose their representatives. Equally important, access to information laws can be used to improve the lives of people as they request information relating to health care, education, and other public services.”
The Bill before the National Assembly, awaiting debate and approval, has five (5) parts and covers important areas including, the Publication of Documents and Information, Right to Access to Information, and Documents Exempt From Publication. Beginning next week, aspects of the various clauses of the Bill will be set out with explanations provided for what they are meant to achieve.
This is the people’s legislation so let’s claim it and promote it!
Nov 27, 2024
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