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Sep 22, 2013 AFC Column, Features / Columnists
By Khemraj Ramjattan,
AFC Leader
The results of the 1992 Regional and General Elections in Guyana which saw the PPP/Civic gaining power was heralded by that Party and its supporters as, ‘A Return to Democracy.’
Translated from its Greek meaning, ‘rule by the people’, democracy caters for the widest possible representation of the people and the inclusion of as many views as possible into the functioning of a fair and just country. Real democracy extends beyond holding periodic elections. It encompasses systems that make provision to prevent the manipulation of the masses by a few and limits the power vested in an individual or a small group of individuals. Democracy is about governance by the people for the people.
By the book, Guyana has, more or less, all the main ingredients to promote a democratic state. The recipe looks right. The cooks appear like cooks everywhere else. However, the pie that is served up is missing some key ingredients. Many Guyanese who have tasted it painfully say “But I ain’t taste any democracy here!”
Twenty years on, the Guyanese people are forced to once again endure another struggle to see the emergence of democracy. It seems the country has come full circle.
Our Constitution, the Supreme Law of our country provides for an Ombudsman. Article 191 vests the Ombudsman with authority to investigate complaints of maladministration or the violations of persons’ rights, especially when such complaints are leveled against the government or high officials of the State. Since 2005 the PPPC Government has failed to have an Ombudsman appointed. This is an omission which is flagrantly in breach of the Constitution and a deviation away from what one would expect in a truly democratic society.
Again, our Constitution by way of Article 121 provides for a Human Rights Commission. Since the passing of the Constitution (Amendment), Act of 2001 that provided for the establishment of the Human Rights Commission, the PPP/C Administration has failed to have this Commission set up. This could only be seen as an orchestrated attempt to subvert Human Rights in Guyana, an area where the present administration continues to fail badly.
The Guyana Constitution, Article 71, recognizes the importance of Local Government as a vital aspect of democracy. By preventing the holding of Local Government Elections through its non-assent to the four Local Government Bills that were recently passed in the House, the PPPC Administration has basically subverted our Constitution and made a mockery of their post 1992 mantra, ‘A return to democracy.’
The results of local government elections will see the coming into being of local authorities that are truly representative of the people of the respective Neighbourhood Democratic Councils and will effectively remove the cronies imposed by the Minister at his whim and fancy. Local Government Elections are the effective, lawful and most democratic way of empowering people and communities. It is the building block of democracy.
But to shamelessly contrive a deferral of these Elections by not assenting to the four Bills recently approved by the National Assembly through the device of shelving them at the Attorney General’s Chambers, instead of transmitting them to the President, beats all! This is as outrageous as it can get.
Failure to have a properly constituted Integrity Commission for some three years now is but another example of institutional mal-governance and unaccountability. According to the Integrity Act, this Commission is vested with authority to investigate complaints of breach of the Code of Conduct for Public Officials. Breach of the Code would include such acts as: taking bribes; engaging in discriminatory practices; receiving gifts for reward for services; conflict of interest violations; using documents or information for personal benefit; using public property for private use; engaging in sexual misconduct; and, giving private interest a higher priority than public duty.
When one looks at the list of persons obligated to make declarations to the Integrity Commission and considers this in light of the blatant display of new wealth by public officials, especially our new Sultanate, understanding the slothfulness in establishing the Integrity Commission becomes elementary.
Among those public officials who are obligated to make annual declarations to the Integrity Commission are the President, Ministers, Parliamentarians, Permanent Secretaries, Regional Executive Officers, Chief Executive Officers of State Agencies, Presidential Advisors just to name a few.
Then there is the deliberate non-establishment of the Public Procurement Commission which was constitutionally mandated by article 212 W since 2001. The Procurement Act of 2003 was passed and its sections again mandated that the Commission must come into being and to sit at the apex of the procurement hierarchy.
The archdukes of unprincipledom, namely members of the PPP/C Government, now argue after the passage of a whole decade, that they want a no-objection power to remain in the Cabinet for contracts of $15M and more before they establish it. The delay in the establishment of this Procurement Commission has seen so much corruption it is just obscene. So much gorging at the trough, and awards to friends, family and favourites, it stinks to high heavens.
Unless and until the PPPC moves to correct these deficiencies and uphold the Constitution, Guyana’s aspiration to a democracy remains unfulfilled. And democracy delayed is democracy denied.
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