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Apr 12, 2019 Features / Columnists, Peeping Tom
The concept of conflict of interest is causing a great deal of confusion within our society. The source of this confusion is not that the concept is a new one. It is in fact part of the standards and principles, which were are part of the institutions left behind when the British departed after colonialism.
Post-colonial societies, including the Anglophone Caribbean countries, inherited British institutions. The institutions, though flawed, had the redeeming quality of at least establishing acceptable ways and standards by which things were supposed to be done – norms. They also laid down principles, which were regarded as proper and acceptable – values.
The newly independent Anglophone Caribbean societies adopted British institutions. But these adopted institutions turned out to be fragile in the hands of the new elites because the post- colonial political and bureaucratic classes did not have the know-how to manage these institutions and they lacked an understanding of the standards and principles necessary for the proper functioning of these institutions. ‘Racialised’ politics in countries like Guyana further perverted these institutions and rendered them dysfunctional.
This is why the State is so fragile in Guyana. The State and its institutions are poor imitations of their British counterparts. We have institutions without standards and systems without values.
This accounts for the double standards. The PNC lost an election in 1997, knew it lost that election but refused to accept its defeat; instead, it challenged the results of those elections on the basis of the use of a voter’s identification card, the use of which it had supported in the run- up to the election.
The institution of free and fair elections, an element of the British Westminster system was made rife with double standards because of the one of the contesting parties sought to shift the goalpost.
The APNU+AFC lost a no confidence vote, knew it lost the vote, accepted at first that it lost and then challenged the vote on the basis that there was a problem with the calculation. This was a case of double standards and an absence of fair play. Yet we expect our national institutions to work.
Right now, there is an issue over what constitutes a conflict of interest which is causing great confusion within society. The political elite do not understand the concept. So how therefore can the norm of fairness, which it is intended to institute survive?
People are thinking in terms of their interests rather than the principle. If there is an existing contract or arrangement before someone assumes a Ministerial post, then that arrangement or contract if continued under the new dispensation does not constitute a conflict of interest.
If, for example Glenn Lall were to become a Minister, and prior to his appointment, his newspaper benefitted from state advertisements, it would not be a conflict of interest if the old arrangement continued. But Lall as a Minister would not be entitled to any new contract or arrangement with the State if he became Minister. That would be a conflict of interest.
And the reason is simple. Under the old arrangement, Lall had no influence but with a new arrangement or contract, there is likely to be the appearance of influence and that appearance is what constitutes a conflict of interest.
The concept of conflict of interest is alien to our way of doing things in Guyana. We are not at the stage of our intellectual or political development whereby such principles can enjoy wide and credible acceptance and enforcement. People do not understand it because our institutions have been but shell imitations of their British counterparts.
We are not ready as yet to give effect to the measures aimed at avoiding conflicts of interest. These measures do not accord with our own understanding of the way in which society should be governed.
As imitative societies, we thrive in unruliness and confusion. The more lawless things are and the greater the uncertainty, the more comfortable we are.
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