Sufficient grounds exist to disqualify Commissioner of Information from Office- Int’l Lawyer

Apr 12, 2025 News

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…as curtains were drawn on protest against lack of information

Kaieteur News- International Lawyer, Melinda Janki said there is enough grounds for the Commissioner of Information, Charles Ramson SC, to be disqualified from office.

Janki, though not physically in Guyana, supported a picket exercise on Friday outside the Commissioner’s East Street, Georgetown office where a number of citizens gathered to share their experience in attempting to access information.

Janki’s testimonial was read by activist, Sherlina Nageer as the lawyer is currently in Malta, participating in the Commonwealth Law Conference. In building the foundation for her presentation, Janki pointed out that the principle of public access to information is enshrined in the Constitution of Guyana.  Specifically, Article 146 guarantees citizens the right to receive information without interference.

It is Janki’s view that the Access to Information Act (2011) is “unconstitutional and should be struck down”. She explained, “although the Act claims that its purpose is to increase transparency and accountability, its provisions seem to be based on the outdated and dangerous premise that public access to information is something that is the gift of the government. This is wrong.”

On the other hand, Janki pointed out that it is the duty of all public servants, starting with the president and ministers, and extending to holders of every public office, to ensure that the public is in tune with their actions. In fact, she argues that this is the only way citizens can ensure these office holders act within the confines of the law.

As it relates to Ramson, the lawyer explained that he is expected to be independent of the executive and impartial in discharging his duties. “He must also be seen to be independent and impartial. But there is reason to doubt the independence and impartiality of Mr Charles Ramson Sr.,” she urged.

Janki pointed out that Ramson was the Attorney-General of Guyana under a previous PPP/C administration. “As such, he was the Government’s principal legal adviser.  He was, and may still be, loyal to the PPP/C. He may even be a member of the PPP/C party. The commissioner’s son is a minister in the current PPP/C Government. Which father is going to act against the wishes of a government which has the power to determine the success of his son’s political ambitions? That question taints every decision that the commissioner makes and undermines public trust in this important public office,” Janki reasoned.

The lawyer therefore said, “These political factors constitute sufficient grounds based on principle to disqualify Charles Ramson Sr. from remaining in office, irrespective of how he performs his functions.”

In her submission, she noted that even if the commissioner fails to do the honourable thing and resign, then President Irfaan Ali must act as a responsible head of state and remove him or provide the public with a statement setting out his reasons for his refusal to do so.

According to Janki, “Throughout his tenure this Commissioner of Information has obstructed citizens’ access to information. His communications have been discourteous and petulant. He has lost the trust of the people he is obliged to serve. His record speaks for itself and has now resulted in long overdue public protests.”

“In my view the commissioner has acted irrationally, unreasonably and contrary to the spirit of the law and the constitution and this constitutes separate and additional grounds for his removal,” she added.

Gatekeeper of secrecy

Meanwhile, Attorney-at-Law, Christopher Ram who organised the three weeks of protest shared that all eight attempts made by him to access information from the commissioner has failed.

Ram made requests to the Office for the Clyde & Co report on the 2016 oil contract, the Escrow arrangements and payments from public funds, details on the GOAL programme’s agreements and finances, the government’s payment of Exxon’s taxes, and the performance of the commissioner’s own office.

According to him, “Every single one of those requests has been ignored, dismissed, or buried under a pile of verbosity, ego, and contempt. The commissioner has never provided a single substantive answer – not one. And he has never once acknowledged that he is answerable to the people of Guyana, not to his former cabinet colleagues.”

Instead, Ram said the Commissioner of Information has chosen to attack those who seek transparency. Recently, the attorney said he received a letter from Ramson which opened “Where ignorance is a bliss, ‘tis folly to be wise”. Ram said this was not just arrogant, but offensive, puerile and disgraceful.

Consequently, the lawyer argued, “Charles Ramson has long ceased to be a commissioner. He has become a wall, gatekeeper of secrecy, a symbol of defiance against public accountability and the truth is this: he will not resign out of principle. He will only go when he is too embarrassed to stay. And that is why we are here.”

Not the end

Although Friday’s protest ended three weeks of demonstration outside the commissioner’s office, the fight for free access to information will continue.

Ram explained that the next step will be to write President Irfaan Ali, seeking a meeting to discuss their concerns. Beyond that, the lawyer is prepared to take the matter to court and inform the regional and international community. He said these bodies have been misled and lied to by the Government of Guyana about the workings of the Access to Information Act.

In addition to Melinda Janki and Christopher Ram, other stakeholders also shared their experience in attempting to access information through the commissioner’s office including former Auditor General (AG) Anand Goolsarran, Alfred Bhulai and Member of Parliament (MP) Ganesh Mahipaul.

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