Bharrat Jagdeo got it wrong yet again

Apr 07, 2024 Features / Columnists, Peeping Tom

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Kaieteur News – At his most recent press conference, Bharrat Jagdeo said that the Constitution prevents political parties from mobilizing along the lines of race. In mentioning the Ethnic Relations Commission, Jagdeo said that it “has the power to prevent a political party from contesting elections should they use race as a mobilizing factor.”

This is not true at all. The ERC has wide-ranging powers under the Constitution but none of these powers invests the Commission with the authority to prevent, for example, an ethnic party, from contesting elections.

One of the functions of the ERC is to discourage and prohibit persons, institutions, political parties and associations from indulging in, advocating or promoting discrimination or discriminatory practices on the ground of ethnicity. But this is quite different from saying that a party cannot be mobilized along the lines of race of other ethnic factors.

But it is not the first time that Jagdeo has inferred that our Constitution prohibits parties that use race as a mobilizing factor. I distinctly recall him saying the same thing during that period when Ravi Dev had launched his political movement.

While the Constitution seeks to promote improved relations among all races and religions, it does not outlaw mobilization based on race. It is therefore quite possible that there can be established in Guyana, an African party, an Indian party and Amerindian party, etc.

The colonial authorities had instituted a system of divide and rule. That system strategically exploited ethnic differences to maintain power and control by the colonial masters. By fostering divisions among different ethnic groups, predominantly between the Afro-Guyanese and Indo-Guyanese populations, the colonial authorities hoped that that unity among the colonized was difficult to achieve.

This tactic not only perpetuated tensions but also led individuals to align themselves along ethnic lines to advance their political, social and economic interests. As a result, ethnic organizations emerged as vehicles for mobilization, protection and advancement.

This divisive strategy entrenched ethnic identities. It also led to further and heightened competition for resources and opportunities along racial lines, thereby perpetuating a cycle of ethnic polarization and, in the process reinforcing the dominance of colonial powers.

Even in sport we had clubs formed based primarily on race. The various ethnic communities established their own clubs and recreational spaces. The Chinese Sports was established in 1931, followed by Portuguese Sports Club in 1924, and East Indian Cricket Club in 1930. The Demerara Cricket Club and the Malteenoes Cricket Club mainly attracted African membership.  British Guiana Cricket Club, later the Guyana Sports Club, was formed to allow for persons who were denied entry into what is now the Georgetown Cricket Club.

Eventually, both Chinese Sports and East Indian Cricket evolved into Cosmos and Everest, respectively, opening their memberships to include individuals from other ethnic backgrounds after Guyana gained independence in 1966. This was mainly because the pressure exerted by Burnham who was uncomfortable with ethnic-based clubs.

The Constitution of Guyana does not outlaw ethnic organizations or societies. Had this been the case, the African Cultural and Development Association (ACDA) and the Indian Arrival Committee (IAC) would have long been outlawed. Similarly, there is nothing proscribing the establishment of race-based political parties.

I therefore wish to posit to Vice President Jagdeo that there is no constitutional prohibition against establishing a race-based political party. If tomorrow someone wants to establish an African political party or an Indian political party or an Amerindian political party, and if mobilization is based on race, that would not, in my humble opinion, not be unlawful.

What would be unlawful would be for those parties to incite ethnic conflict or ethnic division. Article 160A of the Constitution is very clear: “All persons, institutions and political parties are prohibited from taking any action or advancing, disseminating or communicating any idea which may result in racial or ethnic division among the people.”  The Constitution also prohibits inciting racial hatred or hostility or ill-will.

Guyana’s Constitution has provisions against discrimination based on race. But those provisions need to be clearly understood. The Constitution outlines two key principles regarding discrimination within the context of laws and public actions. Firstly, it states that no law should be discriminatory, meaning it shouldn’t unfairly treat certain groups of people differently, either intentionally or unintentionally. Secondly, it asserts that no person should be treated unfairly by anyone acting under the authority of a law or while performing official duties in any public office or authority. In essence, it emphasizes the importance of equality and fairness in both laws and their enforcement.

I therefore wish to disabuse Jagdeo of this idea that he has long harboured that political parties cannot mobilize along the lines of race. They can so long as in doing so they do not excite racial hostility or promote racial hatred and ill-will.

What should be of more concern to Jagdeo is whether Article 10 of the Constitution is justiciable. Article 10 states: “The right to form political parties and their freedom of action are guaranteed. Political parties must respect the principles of national sovereignty and of democracy.”

If Article 10 is legally enforceable and not mere declaratory, then, given the conduct of the APNU+AFC in the 2020 elections, and the subsequent findings of the COI into those elections, the APNU and the AFC may be eligible to be debarred from contesting future general and regional elections.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions and beliefs of this newspaper and its affiliates.)

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• Bharrat Jagdeo, Constitution, Ethnic Relations Commission, Peeping Tom, prevents

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