The Guyanese people must demand the truth from the ERC

Feb 10, 2011 Features / Columnists, Freddie Kissoon

The Ethnic Relations Commission has responded to my article on its lapsed constitutional mandate. The response is laced with deception.
It is hoped that after the publication of this column, major sectors that make up the Guyanese populace would demand accountability, transparency and the truth from the remnants of an illegal organization masquerading as having endorsement from the Parliament of Guyana.
I begin this second commentary on the ERC by informing readers that one of Guyana’s most respected and powerful stakeholders has decided to seek legal advice on the constitutionality of the ERC.
It is hoped that within a month’s time, we will have the opinion. Some members of the media know which institution I am referring to.
Nowhere in the ERC’s response did it mention that almost half of the National Assembly does not accept its continued legality.
This means all three of the parliamentary parties in the opposition have accepted that the legal status of the ERC has expired and needs to be renewed by a two-thirds majority of the National Assembly.
Opposition Leader, Robert Corbin told this analyst on Monday that he has informed the UNDP head of the PNC position on the ERC. Conveniently, there was no mention of this in the ERC’s statement.
I will forgive the ignorance of those who penned the response to my column in that they do not know that in civil law a corporation or a legal entity can be treated as a person. In that context I classify the TUC as a Commissioner of the ERC. The ERC chose most barefacedly to avoid mention of who is the TUC Commissioner.
It is Mr. Andrew Garnett who resigned on the reasoning that the ERC no longer has the mandate of Parliament to continue its existence.
Mr. Garnett has not been replaced by the TUC. It is for important stakeholders like the opposition parties, the Private Sector Commission, the Guyana Human Rights Association, ACDA and others to demand that the ERC publish the names of its sitting Commissioners and the dates in which the statutory meetings were held.
The ERC will not do so because I insist that for three years there were no such meetings.
A blatant fiction is the ERC’s deliberate confusion with the reports it sent to Parliament with the holding of statutory meetings.
What Bishop Edghill does is to hold all kinds of confabulations around Guyana and then compiled reports. These have nothing with the required statutory conferences that must be held by the Commissioners. Many of these reports are misleading. Take the one on education. The ERC commissioned a study to determine if there is ethnic basis on the award of scholarship.
The data was inconclusive because the Guyana Government refused to cooperate with the project and didn’t release its statistics. Yet the ERC reported that it found no racial bias.
I represented the TUC along with Ms Coretta Mc Donald at an ERC/stakeholders forum at the Convention Centre last year to discuss the findings of the investigation by UNDP consultant, Lawrence Latchmansingh. His research was based on how major sectors of the Guyanese society perceive the nature and work of the ERC. Present were Sheila Holder (AFC), Donald Ramotar (PPP), Gail Teixeira, (PPP), Everall Franklyn (GAP) among others. The PNC boycotted the affair.
It is an egregious denial of the truth for the ERC to say it does not know of this report. The opposition parties must publish a statement on this unbelievable lie by the ERC. I call upon Ms. Holder and Mr. Franklyn to speak up now. TUC President told me that he was denied a copy of the Latchmansingh report.
UNDP official, Mr. Trevor Benn informed him that its consultant refused to bow to edicts from the ERC for changes thus the report has been shelved. Let the ERC confront Messrs Witter and Benn on this issue.
Two other points. The EU Ambassador is quoted as saying that the perception received from some Guyanese is that the ERC functions in favour of the Government. Then the University dealt condignly with the ERC last month when it rebuffed attempts at interference in how it selects its applicants.
The ERC goes about informing people and institutions about silly accusations made against them and demanding explanations.
Finally, I know of no matter involving me. Maybe it has to do with President Jagdeo’s complaint last year. I hope the President knows he has to be present to face my three lawyers if there is to be an inquiry.

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