Getting the ERC right

Nov 19, 2012 Editorial

The Ethnic Relations Commission (ERC) is one of the ‘Rights’ Commission inserted into the constitution after the 2000 overhaul to address the euphonic challenge in our society: ethnic relations. Unfortunately, like most initiatives in Guyana, it became bogged down by political manoeuvres and is now in a state of limbo.
The ERC was given a very wide mandate, specifically spelled out in twenty-four ‘functions’ in the new constitution. These functions can be grouped into five broad areas: Investigative, Conflict Resolution, Education and Public Awareness and Research.
But the mandate was never the problem: this centred on the appointment of the Commissioners to execute the mandate. As usual, political control became the issue, after the work unfolded, following the appointment of the first ERC in 2003. Following a number of vacancies caused by resignations and deaths, the Opposition soon became convinced that the Commission in general, and its Chairman in particular, were favouring the government.
When the ERC’s first (four-year) term expired in 2007, it was not surprising that the Opposition balked at the possibility of a replay. But to appreciate what followed, it might be useful to recap the procedures used to select the ERC’s Commissioners. Each parliament constitutes a Commission of Appointment (CoA) at its commencement, which will pass on five to fifteen nominees for a two-thirds approval in Parliament. The nominees are chosen from seven categories of ‘civil society’ organisations – religion (Hindu, Christian and Muslim), labour, private sector, women and youth.
The CoA consults a list of one hundred and sixty-two organizations (the members of this list are problematic and will not be discussed in this Editorial) that will submit the names. In 2007, the CoA, which included members of the PPP, PNC and AFC, unanimously submitted their nominees on the floor of the house, but the PNC balked – on a procedural, not on the name of any nominee. The two-thirds vote not being secured, the matter was returned to the CoA.
Subsequently, the PNC refused to accept a member of the newly-formed Inter-Religious Organisation (IRO) to be one of the ‘religious’ bodies that could submit nominees. They felt it was a back-door manoeuvre to re-appoint the former Chairman of the ERC, who would not have been re-selected by the Christian bodies as he was for the first ERC. Not being able to obtain the two-thirds ratification of the CoA submission, the government then passed a resolution (which needs just a simple majority) authorising the President “to take such steps so as to enable the Ethnic Relations Commission to continue to carry out its constitutional responsibilities in the interim.”
The PNC protested this was against the explicit stipulation of the constitution but the President went along, under the presumed doctrine of ‘necessity’. But it was not until 2011, in the run-up to the elections that the PNC took the matter to the courts and requested a writ to prevent the ERC to hold itself out as a legal entity. The injunction was eventually thrown out – but on procedural not substantive grounds.
In our judgement, the ERC is too important an institution to be left lying dormant in our society: we are witnessing an upsurge of the very activities that the ERC was intended to ameliorate.
It was therefore very encouraging to hear on a TV “Roundtable” discussion yesterday, a representative of the government (Ms Gail Texiera, Adviser to the President on governance) and the opposition Dr. Rupert Roopnarine (APNU’s Dep. Chairman) both agree that a reconstitution of the ERC was imperative. Dr. Roopnarine however stated that he was appearing on his own behalf, but we would hope that he can persuade his colleagues of his position.
The consensus appeared to be that the ticklish obstacles (such as the objected-to former Chairman) were now moot and that the Opposition were now in control of, in addition to chairing, the CoA. Unfortunately this committee will only be meeting today for the very first time. We hope they will place the reconstituting of the ERC high on their agenda.