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THE OPPOSITION SHOULD SEEK A NEGOTIATED SETTLEMENT

Jul 13, 2010 Features / Columnists, Peeping Tom

The PNCR does not believe that the Ethnic Relations Commission (ERC) has the legal standing to carry out any investigation into complaints against media houses.
The PNCR is of the view that the Ethnic Relations Commission is unlawfully constituted. In the party’s opinion, the constitutional requirements for the extension of the life of the ERC were not complied with and as such there is a question mark over that body’s legitimacy.
The Courts will have to decide on the constitutionality of the extension of the life of the Commission. In the meantime, there is in place a commission and the various political parties who have questioned the legality of the ERC have to decide on the status they will accord to the commission.
The PNCR, in a recent press conference, is indicating that it is not going to accept the right of the ERC to pronounce on certain matters that are before that body. That is, the PNCR is not accepting the legality of the commission and by extension, any of its findings.
This was the same PNCR which faced a dilemma after it had adopted an intractable position after the 1997 elections.
Then it stubbornly refused to accept the legality of the PPP Government that arose out of that election.
Yet after the dust had settled it had to find a way of re-entering the very parliament which was constituted in accordance with the results of the very elections that brought to power a government that the PNCR deemed illegal. The PNCR found a legal caveat under which it could crawl back into the National Assembly.
The PNCR should therefore now give serious thought to its position on the ERC. It should consider whether it will accept the ERC, notwithstanding its concerns over the manner of its appointment.
If however, the PNCR feels that it cannot in good faith accept the legality of the ERC it should restate again for the record its rejection of the ERC as presently constituted.
While the PNCR may claim that this has always been its position as regards the ERC, there may be a need for it to restate its position considering that the next major opposition party in the National Assembly, the Alliance For Change (AFC) has attended a stakeholder consultation organised by the ERC. The AFC, therefore, cannot claim to not accept the legality of the ERC since by its presence at the consultation, it is indicating otherwise. There is a need for the AFC to clarify its position as regards the ERC.
There are a number of possible grounds upon which political parties may have problems with the ERC. One of these may have to do with the list of organisations consulted in the process of selecting the members of the ERC.
This should hardly be a bone of contention since there should be an encouragement of the widest involvement in the constitution of the commission. The aim should be to be as inclusive as possible rather than for excluding any organisation, more so considering that many of the established denominations are losing ground to new groupings.
One of the things that the opposition should bear in mind is that any decision of the ERC is subject to judicial review.
It should recognise the importance of such a body and whatever reservations the opposition parties may have had or still have with the findings of the ERC, there is always recourse to the Courts.
The ERC is an important constitutional commission and it is necessary that it enjoys widespread public confidence and support, including recognition by the opposition parties.
As such, the opposition parties should first seek a negotiated way out of the present controversy concerning the extension of the life of the ERC. If this fails, then there is always the legal limb.

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