Seeking meaningful constitutional change

Jan 29, 2016 Editorial, Features / Columnists

In Guyana as in other countries, democracy is a work in progress. There are different models of democracy; none of which is without some shortcomings. The model propagated by the Western world is electoral democracy, which, with all its imperfections, is still the closest thing to the ideal democracy to which freedom-loving people aspire to have to protect their rights.
Unfortunately, in the last three decades, and most conspicuously in recent years, democracy was continuously threatened and degraded by the near absolute power bequeathed to the Executive President of Guyana by the Constitution. However, to protect the people from abuse by the executive office, and to insulate democracy from its anti-democratic tendencies, there are institutional checks and balances built into the constitution in the form of the judiciary and parliament, which is freely elected by the people. But the institutional arrangements have been infiltrated, misused and abused on numerous occasions to the point where some of the fundamental rights and freedoms granted to the people by the Constitution have been abrogated.
Obsessed with and addicted to power, the power brokers gradually but systematically manipulated the principles of the Constitution and in the process have undermined the practice of democracy. Not only did they disregard the will of the people, who are the ultimate guardians of democracy, but they have also shown total contempt.
The former administration used the constitution to its advantage to control almost every facet of government departments and state agencies in order to have a firmer grip over the people. Mostly members, supporters and friends were given government jobs and contracts and access to state resources.
The public discontent with the Constitution undoubtedly stems from the powers and immunities it grants to the executive president. These powers are often not reviewable by the courts and even if they are challenged legally, they are not likely to prevail. The separation of powers granted to each of the three branches of the government is an essential feature of most modern constitutions and democracies.
It is premised on the idea that executive decisions should not be subordinate to, or second guessed by, the courts. While reforming the constitution is urgently required, the issue of good governance should not be premised merely on reform, but more importantly, on respecting the constitution and the instruments that guide public conduct. Nonetheless, the constitution works best when the people elect the right persons to govern them.
Since its election to office, the government has seemingly set the bar very high in terms of good governance, but judging from the ongoing public debate, there is apparently an overly ambitious attempt to reconcile the public’s right to information and the need for accountability and transparency.
Empowerment of the people would require meaningful Constitution reform to provide autonomy or absolute independence to a number of institutions. As Guyana approaches its 50th Independence anniversary, an enlightened public should not have to contend with the illogical confines of a Constitution which not only places the President above the law but also gives him supreme authority over the people and the country.
When in opposition, the PPP had bemoaned the near absolute power granted to the President and had labelled the Constitution the “Burnham Constitution”. After assuming power, the constitution was no longer deemed oppressive. Instead it became synonymous with, and facilitated underhandedness, deception and a sense of entitlement. Not only was the constitution misused, but it was counterproductive to nation-building. With the many years of repression having taken its toll in no uncertain terms, it is time for us to get past this divisiveness and selfishness and support every possible effort to reform the Constitution.

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