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Race-baiting parties can be disqualified from elections – ERC Chairman
By Abena-Rockcliffe-Campbell
The Constitution empowers the ERC to “Make recommendations on penalties, including the prevention of any political party or any persons from participating in elections for a specified period, to be imposed for any breach of provisions of this Constitution or of any law dealing with ethnicity.”
Guyana’s Constitution gives the Ethnic Relations Commission (ERC) the power to recommend the barring of any person or political party from contesting elections once that party or person is found in violation of the laws promoting racial harmony.
Over the years, political parties made remarks in contravention of the laws without being penalized.
Many believe that during every campaign for General and Regional Elections, racial harmony takes a serious hit and Guyana becomes even more divided.
But that may change this time around.
President David Granger pictured February last year flanked by the ten ERC members
According to Chairman of the ERC, John Smith, the Commission will do everything in its power to prevent the sowing of racial division, especially in the lead up to elections.
Smith referred to Article 212D of the Constitution of Guyana which states, that the ERC is empowered to “Make recommendations on penalties, including the prevention of any political party or any persons from participating in elections for a specified period, to be imposed for any breach of provisions of this Constitution or of any law dealing with ethnicity.”
He said that this particular power of the ERC has never been invoked, but the Commission has every intention of doing so for the first time.
Smith, who is a pastor, told Kaieteur News that as long as a person or political party is found guilty of any one, or more, of the laws promoting racial harmony, all punitive measures will be enforced. He said, that this will be done “Once there is enough proof to show the violation.”
Smith was keen to point out that the ERC was non-functional for seven years. He noted that two General and Regional Elections were held during that time “there was no one there to enforce the law.”
Smith said that political parties will do well to be very careful now, giving careful consideration of the ethnic laws because the Commission, being reconstituted, “takes our work seriously and we will have our investigative arms investigate, and if found guilty enforce the penalty.”
While Smith noted that the investigative arm will be at work, this newspaper understands that neither the investigation unit nor the media monitoring unit of the ERC is fully functioning.
Asked about this, Smith said that it is not a case where the units are not fully functioning but more a case where “they are not functioning at capacity.”
He said that by the end of the week there will be “more teeth” in the investigating unit. He said that even then the unit will not be at full strength, “but it will be in a better place, we will have bodies in the position.”
Last year February, some seven years after the ERC became inoperable, President David Granger swore in a 10-member Commission.
The members are Smith from the Christian community (Chairman); Rajkumarie Singh from the Hindu community; Roshan Khan from the Muslim community; Norris Witter from the labour movement; Norman McLean, the Private Sector representative; Deodat Persaud for youth organisations; Ruth Howard for women’s organisations; Ashton Simon for Amerindian groups; Barrington Braithwaite for African groups and Neaz Subhan for Indian groups.
Granger encouraged the Commission to carry out its duties without cowardice, prejudice or malice.
The members were sworn in just one month after the National Assembly approved the appointment of the nominees from 10 stakeholder entities.
The ERC plays a pivotal role as a constitutional entity. The ERC was established under the Herdmanston Accord.
The ERC serves to protect and preserve the interests of all stakeholders as far as creating an atmosphere of tolerance and harmony among the different races and ethnic groups in Guyana’s diverse society.
The Commission initially comprised representatives from seven different constituencies, but in 2015 it was increased to 10.
The Commission also deals with complaints, promotes training in racial harmony, and fosters a sense of security, among all ethnic groups.
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