Reflections on the Constitutional Reform Commission

Apr 08, 2024 Letters

Dear Editor,

While I hasten to welcome the recent establishment of the Constitution Reform Commission, it is rather unfortunate that it has taken so long following the passage of the Act back in 2022. It is hoped that it will perform its functions effectively and expeditiously, and that the Government and other players will give this the priority and importance it deserves. Achieving the high aspirations of this commission will depend on the execution of a high quality, well managed process. If I may, I would like to share some personal reflections on the process.

Firstly, it is my view that the main initial thrust of the Commission must be electoral reform. While paragraph 7 of the Act outlines a large agenda of areas that may require attention, reform is ongoing and many of those areas are part of the long-term reform agenda. The Commission needs to ask itself what is the most pressing need to strengthen social and political stability. I would suggest in that regard that the first priority is to address our governance institutions, and this would call for electoral reform.

Secondly, the CRC must be independent of the Government and other outside pressures. To begin with, it must ensure that it has adequate financing and must be fully in control of the establishment and operations of the Secretariat. The Act provides for these things, but the Commission needs to be assertive in establishing effective independence and control.

Thirdly, we look forward to the publication of the work programme with time-frames and deadlines presumably within the next month or so as set out by the Act. This will give a first indication of how the Commission intends to approach its work and prepare the public and civil society to understand the role they are expected to play. Fourthly, the CRC must operate with full transparency. The Act provides for its deliberations to be open to the public, but I hope this means providing facilities for online viewing across the country. The Commission should also provide for and encourage regular feedback from the public as part of its consultation process.

Fifthly, the CRC must address electoral system reform, not just issues of election administration and management. Electoral system issues include such questions as how seats are allocated, how candidates are elected and how many per constituency, rules governing coalition of parties for election purposes, and so on. It is worth noting for example one major party seems consumed about the election mechanics (voting lists, biometrics, etc.). While these are important issues that must be addressed, the CRC needs to go further and address systemic issues.

As is so typical of Guyanese politics, the political parties will maintain a firm grip on their representatives on the Commission. By paragraph 5(2), any entity may withdraw its representative from the Commission. This is unfortunate because it undermines the ability of Commissioners to deliberate based on their own conscience and reasoning. It also raises the important question as to whether the President controls the Chairman. Since he appointed the Chairman, can he also dismiss him?

That being said, the virtual silence of the political parties on reform is disappointing. Surely, the parties must have views on what they would like to see come out of the CRC. They should declare their intentions as an act of leadership for their followers and the country as a whole. All that said, the introduction of amendments to the Constitution has the potential to be the most momentous and transformative event in Guyana’s history since Independence. I hope that the Commissioners, starting with the Chairman, are all fully seized of the gravity and historic importance of this activity, and will serve with the highest level of integrity and commitment. They have my best wishes.

Sincerely,
Desmond Thomas
ERG Coordinator

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Desmond Thomas, e Chairman, ERG Coordinator, Government, programme

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