Guyana Focus
If the theatrics surrounding Guyana’s forthcoming local government elections is an indication of things to come, then the people of Guyana can expect to “a lot more fireworks” heading into the country’s 2020 elections.
At the center of the elections drama is the Guyana Elections Commission (GECOM), the supposedly independent body with constitutional responsibility for overseeing the electoral process which finds itself sandwiched between the machinations of the major political parties – APNU and PPP.
So contentious are the underlying problems that the Chairman of GECOM, retired Justice James Patterson, has reportedly not ruled out the possibility of resigning his position should the current state of affairs which impedes his ability to perform his role, not improve.
He is quoted in the local press saying that “these are troubling times for elections in Guyana” and although he has done “all that is humanly possible to weld the opposing factions together” it “seems that things are getting worse”.
In apparent frustration, he said: “It is even more sad to see that the default position of our politicians seems to be to play the racial card. It seems, too, that integrity has been put in a blind trust. It seems to be that politicians have retreated into ethno-political camps. That has got to stop if this country is to move forward.”
Evidently, Patterson appears out of touch with the reality of Guyanese politics. Ethnicity has always played a deciding role in Guyanese politics, in spite of claims to the contrary. The quest for power which is directly linked to motivating ethnic sentiments is a direct product of Guyana’s historical struggles for freedom and prosperity. As good as the intentions of politicians might be when it comes to uniting the major races, those intentions disappear at elections.
Patterson contends that “the Commission has been experiencing at every turn designs and machinations to stymie the elections coming to the fore.” He said that enemies were undermining GECOM’s work, speculating that both “internal as well as external mischief is afoot.” He noted that “It is self-evident that the objective is to stall the forthcoming [Nov 12] elections”.
While Patterson’s claims are serious and disconcerting, he could very well be charged with blowing hot air. His own appointment as GECOM’s chairman by the President was unilateral and his acceptance under questionable political and legal circumstances have apparently placed him in a position of mistrust. The underlying question which begs to be answered is: Is he a lackey of the ruling party? If so, can his decisions be influenced by his master?
Incidentally, earlier this month, the Guyana Court of Appeal delayed its decision on the constitutionality of Patterson’s unilateral appointment following a challenge by the opposition PPP.
In addition to court proceedings surrounding its Chairman’s appointment, GECOM is also embroiled in several other court cases. In one case, it faces challenges over its acceptance of nominators and candidates for the upcoming local government elections. All three parties – APNU, PPP and the AFC – have levelled accusations at each other that nominators/backers of electoral candidates have been either duped into signing their names on nomination documents, or have never signed their names, or that a number of signatories are fake because the persons named have are now dead.
This case brings up haunting memories of the 1970-1990 period when some Guyanese "voted" even though they were not alive.
In another case, allegations have been made by the PPP that almost 100 percent of the employees at GECOM are Afro-Guyanese. Following the rejection a total of 18 names contained in three lists submitted by the PPP, Patterson is reported saying that he was placing greater emphasis on competence rather than merely race. “We are making a deliberate effort to get the best people for the job,” he reportedly said.
In an apparent show of his true color, Patterson stated that: “Ultimately, when we have to make a choice, quality trumps race. I see nothing wrong with that.” Therein lies an inherent racial insult – the ethnic group not employed by GECOM is apparently inferior in quality. Incidentally, the Ethnic Relations Commission is investigating the complaint of ethnically imbalanced employment practices at GECOM.
And in yet another case, a PPP GECOM Commissioner has challenged certain changes made by the Minister of Communities to 14 Local Authority areas on the grounds that the Minister does not have the power to determine the names, boundaries and members in the Neighbourhood Democratic Councils.
Evidently, the unilateral action of the Minister, without consultation with any of the electors and stakeholders, including the major political parties likely to contest the elections in those areas, and without any stated reasons, will likely unfairly skew the elections in favour of one major political party and against the other.
Here is another question: did GECOM collaborate with the Minister of Communities in restructuring electoral districts?
Incidentally, mistrust over the electoral process in Guyana is an entrenched phenomenon, fostered by decades of rigged elections. In August, President David Granger indicated that he was open to reforming GECOM by enabling GECOM commissioners to be appointed by the National Assembly.
Currently, GECOM commissioners are appointed using the Carter Center formula – three commissioners representing the opposition, three from the governing party and an independent Chairman. While this model entrenches the role of political parties in the electoral process, Granger’s suggestion would have a more deleterious impact because the governing party with a majority in the National Assembly will end up appointing GECOM’s commissioners. Though Granger’s suggestion appears to be democratic, it will be a virtual impossibility for the opposition to have a say given the historical outcome of National Assembly voting. The appointment of the current Chairman of GECOM justifies this reality.
Another suggestion is for GECOM’s Commissioners to be qualified, independent individuals. The question that arises in this case is: Who will determine who is qualified? If Patterson’s response to the ethnicity of employees of GECOM is used as a guide, then the possibility is high that only individuals of a certain race would be deemed qualified. And that would depend on which party is in power.
To bring an end to GECOM drama for future elections, opposition leader Bharrat Jagdeo has floated the idea that the United Nations (UN) should run Guyana’s elections, with oversight by Guyanese, due to historical concerns about free and fair elections. He noted that the UN would provide greater credibility to the electoral process and would be cheaper.
But it is hardly likely that the ruling party would endorse Jagdeo’s idea. The former President has indicated that the PPP was not prepared to agree to Guyana’s constitution being amended to allow for the appointment of the seven-member GECOM by Parliament. This would be another source of electoral problems which the ruling party would most likely unilaterally resolve – setting the stage for further turmoil in the electoral process.
At the end of the day, the ruling government would most likely wield its big stick and have its own way – abandoning its supposed democratic principles. After all, it is power that really matters and a compromised electoral process can ensure that power stays in the hands of those with the big stick..
He is quoted in the local press saying that “these are troubling times for elections in Guyana” and although he has done “all that is humanly possible to weld the opposing factions together” it “seems that things are getting worse”.
In apparent frustration, he said: “It is even more sad to see that the default position of our politicians seems to be to play the racial card. It seems, too, that integrity has been put in a blind trust. It seems to be that politicians have retreated into ethno-political camps. That has got to stop if this country is to move forward.”
Evidently, Patterson appears out of touch with the reality of Guyanese politics. Ethnicity has always played a deciding role in Guyanese politics, in spite of claims to the contrary. The quest for power which is directly linked to motivating ethnic sentiments is a direct product of Guyana’s historical struggles for freedom and prosperity. As good as the intentions of politicians might be when it comes to uniting the major races, those intentions disappear at elections.
Patterson contends that “the Commission has been experiencing at every turn designs and machinations to stymie the elections coming to the fore.” He said that enemies were undermining GECOM’s work, speculating that both “internal as well as external mischief is afoot.” He noted that “It is self-evident that the objective is to stall the forthcoming [Nov 12] elections”.
While Patterson’s claims are serious and disconcerting, he could very well be charged with blowing hot air. His own appointment as GECOM’s chairman by the President was unilateral and his acceptance under questionable political and legal circumstances have apparently placed him in a position of mistrust. The underlying question which begs to be answered is: Is he a lackey of the ruling party? If so, can his decisions be influenced by his master?
Incidentally, earlier this month, the Guyana Court of Appeal delayed its decision on the constitutionality of Patterson’s unilateral appointment following a challenge by the opposition PPP.
In addition to court proceedings surrounding its Chairman’s appointment, GECOM is also embroiled in several other court cases. In one case, it faces challenges over its acceptance of nominators and candidates for the upcoming local government elections. All three parties – APNU, PPP and the AFC – have levelled accusations at each other that nominators/backers of electoral candidates have been either duped into signing their names on nomination documents, or have never signed their names, or that a number of signatories are fake because the persons named have are now dead.
This case brings up haunting memories of the 1970-1990 period when some Guyanese "voted" even though they were not alive.
In another case, allegations have been made by the PPP that almost 100 percent of the employees at GECOM are Afro-Guyanese. Following the rejection a total of 18 names contained in three lists submitted by the PPP, Patterson is reported saying that he was placing greater emphasis on competence rather than merely race. “We are making a deliberate effort to get the best people for the job,” he reportedly said.
In an apparent show of his true color, Patterson stated that: “Ultimately, when we have to make a choice, quality trumps race. I see nothing wrong with that.” Therein lies an inherent racial insult – the ethnic group not employed by GECOM is apparently inferior in quality. Incidentally, the Ethnic Relations Commission is investigating the complaint of ethnically imbalanced employment practices at GECOM.
And in yet another case, a PPP GECOM Commissioner has challenged certain changes made by the Minister of Communities to 14 Local Authority areas on the grounds that the Minister does not have the power to determine the names, boundaries and members in the Neighbourhood Democratic Councils.
Evidently, the unilateral action of the Minister, without consultation with any of the electors and stakeholders, including the major political parties likely to contest the elections in those areas, and without any stated reasons, will likely unfairly skew the elections in favour of one major political party and against the other.
Here is another question: did GECOM collaborate with the Minister of Communities in restructuring electoral districts?
Incidentally, mistrust over the electoral process in Guyana is an entrenched phenomenon, fostered by decades of rigged elections. In August, President David Granger indicated that he was open to reforming GECOM by enabling GECOM commissioners to be appointed by the National Assembly.
Currently, GECOM commissioners are appointed using the Carter Center formula – three commissioners representing the opposition, three from the governing party and an independent Chairman. While this model entrenches the role of political parties in the electoral process, Granger’s suggestion would have a more deleterious impact because the governing party with a majority in the National Assembly will end up appointing GECOM’s commissioners. Though Granger’s suggestion appears to be democratic, it will be a virtual impossibility for the opposition to have a say given the historical outcome of National Assembly voting. The appointment of the current Chairman of GECOM justifies this reality.
Another suggestion is for GECOM’s Commissioners to be qualified, independent individuals. The question that arises in this case is: Who will determine who is qualified? If Patterson’s response to the ethnicity of employees of GECOM is used as a guide, then the possibility is high that only individuals of a certain race would be deemed qualified. And that would depend on which party is in power.
To bring an end to GECOM drama for future elections, opposition leader Bharrat Jagdeo has floated the idea that the United Nations (UN) should run Guyana’s elections, with oversight by Guyanese, due to historical concerns about free and fair elections. He noted that the UN would provide greater credibility to the electoral process and would be cheaper.
But it is hardly likely that the ruling party would endorse Jagdeo’s idea. The former President has indicated that the PPP was not prepared to agree to Guyana’s constitution being amended to allow for the appointment of the seven-member GECOM by Parliament. This would be another source of electoral problems which the ruling party would most likely unilaterally resolve – setting the stage for further turmoil in the electoral process.
At the end of the day, the ruling government would most likely wield its big stick and have its own way – abandoning its supposed democratic principles. After all, it is power that really matters and a compromised electoral process can ensure that power stays in the hands of those with the big stick..
Georgetown – Former Guyana High Commissioner to Canada Harry Narine Nawbatt Monday won a more than $24 million judgment against the APNU+AFC government for wrongful dismissal.
The judgment was handed down by High Court judge Diana Insanally at the conclusion of a lengthy trial, which found that his services had been unlawfully terminated and for which he was awarded $24,295,104 together with salaries, emoluments and other benefits owing under his contract.
Additionally, Nawbatt was awarded half a million dollars for the government breaching his contract.
These sums will attract interest at a rate of 6% per annum from the date of filing which dates back to April of 2016 to Monday’s date when the judgment was delivered and thereafter at the rate of 4% per annum until fully paid. The former High Commissioner was also granted $50,000 in court costs.
He was represented by attorney Anil Nandlall, who appeared in association with Manoj Narayan and Rajendra Jaigobin.
Nawbatt, who served under the former PPP administration and was given marching orders a month after the current government took office in 2015, had been suing for over $49 million.
He was seeking “special” damages in the sum of $24,295,104 and damages in excess of $25M for breach of contract.
Nawbatt officially took up the post on February 10th, 2015 and his services were terminated with effect from August 31st, 2015. He was written to on June 8th, 2015 by then acting Director General of the Ministry of Foreign Affairs Audrey Jardine-Waddell, who notified him that his appointment as High Commissioner would end on August 31st, 2015 and that he would be reposted to Guyana.
In his statement of claim, he said that in a contract of employment made on February 9th, 2015, between the Government of Guyana and himself, he was engaged to perform the duties and functions of High Commissioner to Canada effective from the 10th day of February, 2015, to the 9th day of February, 2016 inclusive, at a monthly salary of $773,801, subject to certain terms and conditions set out in a schedule attached to the agreement.
Nawbatt stated that he was to be paid a monthly station allowance of US$4,500 per month and the government was to provide him with free furnished accommodation, the free use of a chauffeur driven car and business class return passages by air between Guyana (or the place of his residence) and the city of his post for himself, his spouse and their children under the age of 25 years.
He was also entitled to a gratuity equal to 22½% of the basic salary payable in six-monthly periods or on termination of his Contract of Employment.
Based on his computation, Nawbatt, who had pegged his special damages at $24,295,104, said he was owed $4.3 million for salary up to February 9th, 2016; gratuity of $5.7 million, $4 million for 158 days leave; $4.8 million in station allowance; $4.6 million in station allowance for leave for approximately five months and $2 million in business class return air passages, among other things.
Nawbatt raised eyebrows when he accompanied PPP/C officials on the campaign trail during the May, 2015 regional and general elections.
Days before the elections, Nawbatt accompanied then Minister of Foreign Affairs Carolyn Rodrigues-Birkett as they campaigned in indigenous communities in Region Nine. Nawbatt’s role as a former Executive Director of the Social Impact Amelioration Programme (SIMAP), which had undertaken a number of development projects in those communities, was emphasised as he sought to convince attendees at the meetings that they should vote for the PPP/C.
Observers had said it was unusual that a lead envoy at an overseas mission would be deployed for partisan campaigning at home, more so as he was also formerly the head of the social relief programme, which entailed neutrality.
The judgment was handed down by High Court judge Diana Insanally at the conclusion of a lengthy trial, which found that his services had been unlawfully terminated and for which he was awarded $24,295,104 together with salaries, emoluments and other benefits owing under his contract.
Additionally, Nawbatt was awarded half a million dollars for the government breaching his contract.
These sums will attract interest at a rate of 6% per annum from the date of filing which dates back to April of 2016 to Monday’s date when the judgment was delivered and thereafter at the rate of 4% per annum until fully paid. The former High Commissioner was also granted $50,000 in court costs.
He was represented by attorney Anil Nandlall, who appeared in association with Manoj Narayan and Rajendra Jaigobin.
Nawbatt, who served under the former PPP administration and was given marching orders a month after the current government took office in 2015, had been suing for over $49 million.
He was seeking “special” damages in the sum of $24,295,104 and damages in excess of $25M for breach of contract.
Nawbatt officially took up the post on February 10th, 2015 and his services were terminated with effect from August 31st, 2015. He was written to on June 8th, 2015 by then acting Director General of the Ministry of Foreign Affairs Audrey Jardine-Waddell, who notified him that his appointment as High Commissioner would end on August 31st, 2015 and that he would be reposted to Guyana.
In his statement of claim, he said that in a contract of employment made on February 9th, 2015, between the Government of Guyana and himself, he was engaged to perform the duties and functions of High Commissioner to Canada effective from the 10th day of February, 2015, to the 9th day of February, 2016 inclusive, at a monthly salary of $773,801, subject to certain terms and conditions set out in a schedule attached to the agreement.
Nawbatt stated that he was to be paid a monthly station allowance of US$4,500 per month and the government was to provide him with free furnished accommodation, the free use of a chauffeur driven car and business class return passages by air between Guyana (or the place of his residence) and the city of his post for himself, his spouse and their children under the age of 25 years.
He was also entitled to a gratuity equal to 22½% of the basic salary payable in six-monthly periods or on termination of his Contract of Employment.
Based on his computation, Nawbatt, who had pegged his special damages at $24,295,104, said he was owed $4.3 million for salary up to February 9th, 2016; gratuity of $5.7 million, $4 million for 158 days leave; $4.8 million in station allowance; $4.6 million in station allowance for leave for approximately five months and $2 million in business class return air passages, among other things.
Nawbatt raised eyebrows when he accompanied PPP/C officials on the campaign trail during the May, 2015 regional and general elections.
Days before the elections, Nawbatt accompanied then Minister of Foreign Affairs Carolyn Rodrigues-Birkett as they campaigned in indigenous communities in Region Nine. Nawbatt’s role as a former Executive Director of the Social Impact Amelioration Programme (SIMAP), which had undertaken a number of development projects in those communities, was emphasised as he sought to convince attendees at the meetings that they should vote for the PPP/C.
Observers had said it was unusual that a lead envoy at an overseas mission would be deployed for partisan campaigning at home, more so as he was also formerly the head of the social relief programme, which entailed neutrality.
and Labrador
Georgetown – The Government of Guyana and the Government of the Canadian province of Newfoundland and Labrador yesterday signed a three-year Memorandum of Understanding (MoU) for cooperation towards responsible oil and gas development opportunities.
At a signing ceremony in the Ministry of Presidency’s Rupununi Room, Minister of Business Dominic Gaskin along with Natural Resources Minister of the Canadian province Siobhan Coady inked the agreement, which was also made available.
The MoU states that it came to fruition through the desire of both governments to “enhance cooperation and collaboration in support of responsible oil and gas development opportunities.”
The agreement also states that the parties will facilitate economic cooperation and business opportunities in Guyana and in Newfoundland and Labrador by organising reciprocal visits to each jurisdiction, with representatives of industry and government.
A joint working committee will also be established to implement and oversee the agreement. The Deputy Minister of Natural Resources of Newfoundland and Labrador will serve as the co-chair of the committee and will be supported by representatives from the Department of Natural Resources, the Department of Tourism, Culture, Industry and Innovation along with other appropriate agencies.
On Guyana’s side, the committee will be chaired by the Director of the Department of Energy Dr. Mark Bynoe and will see participation by other local representatives.
The co-chairs are expected to endeavour to maintain “open and quarterly communication” with each other and with the relevant industry groups and non-governmental organisations.
The committee will be responsible for the development and coordination of an annual work plan that has to be approved and overseen by the co-chair; who are expected to make reasonable efforts to develop and approve the first annual work plan within 30 days following the signing, and other subsequent annual work plans are expected to be done following 30 days of the anniversary date of the execution of the agreement.
In terms of reporting, the co-chairs will have to provide an annual report to the parties with respect to the status of the Agreement and the progress made in the work plan and will have to agree to meet on an annual basis to review and assess the progress of initiatives taken and to discuss potential new areas of cooperation that could be reflected in the work plan.
Gaskin made brief remarks at the signing, where he highlighted the importance of developing long-term relationships with governments.
“…As we explore the oil and gas sector, with which we are not all that familiar, I think it becomes all the more important that we benefit from experiences of those who have done this before. So ,with that in mind, I am grateful for the opportunity to share experiences with the Government of Newfoundland and Labrador as well as their private sector,” Gaskin said.
Coady explained that there will be a sharing of knowledge, information and the opportunities for joint ventures and economic development. She said her government is keen to ensure that the benefits of the sector reach the people.
Coady also noted that they have more than 20 years’ experience of production in the oil and gas sector and during its infancy they also sought joint ventures with others that had the experience so that they could develop by having a transfer of knowledge, which they hope to replicate with the MoU.
“…And that is why we are here today to work with you, to give you the experiences we have so that you can build and grow your opportunity here in Guyana. We look forward to see the growth and development of the oil and gas industry here in Guyana and the benefits coming to this great country,” she added.
At a signing ceremony in the Ministry of Presidency’s Rupununi Room, Minister of Business Dominic Gaskin along with Natural Resources Minister of the Canadian province Siobhan Coady inked the agreement, which was also made available.
The MoU states that it came to fruition through the desire of both governments to “enhance cooperation and collaboration in support of responsible oil and gas development opportunities.”
The agreement also states that the parties will facilitate economic cooperation and business opportunities in Guyana and in Newfoundland and Labrador by organising reciprocal visits to each jurisdiction, with representatives of industry and government.
A joint working committee will also be established to implement and oversee the agreement. The Deputy Minister of Natural Resources of Newfoundland and Labrador will serve as the co-chair of the committee and will be supported by representatives from the Department of Natural Resources, the Department of Tourism, Culture, Industry and Innovation along with other appropriate agencies.
On Guyana’s side, the committee will be chaired by the Director of the Department of Energy Dr. Mark Bynoe and will see participation by other local representatives.
The co-chairs are expected to endeavour to maintain “open and quarterly communication” with each other and with the relevant industry groups and non-governmental organisations.
The committee will be responsible for the development and coordination of an annual work plan that has to be approved and overseen by the co-chair; who are expected to make reasonable efforts to develop and approve the first annual work plan within 30 days following the signing, and other subsequent annual work plans are expected to be done following 30 days of the anniversary date of the execution of the agreement.
In terms of reporting, the co-chairs will have to provide an annual report to the parties with respect to the status of the Agreement and the progress made in the work plan and will have to agree to meet on an annual basis to review and assess the progress of initiatives taken and to discuss potential new areas of cooperation that could be reflected in the work plan.
Gaskin made brief remarks at the signing, where he highlighted the importance of developing long-term relationships with governments.
“…As we explore the oil and gas sector, with which we are not all that familiar, I think it becomes all the more important that we benefit from experiences of those who have done this before. So ,with that in mind, I am grateful for the opportunity to share experiences with the Government of Newfoundland and Labrador as well as their private sector,” Gaskin said.
Coady explained that there will be a sharing of knowledge, information and the opportunities for joint ventures and economic development. She said her government is keen to ensure that the benefits of the sector reach the people.
Coady also noted that they have more than 20 years’ experience of production in the oil and gas sector and during its infancy they also sought joint ventures with others that had the experience so that they could develop by having a transfer of knowledge, which they hope to replicate with the MoU.
“…And that is why we are here today to work with you, to give you the experiences we have so that you can build and grow your opportunity here in Guyana. We look forward to see the growth and development of the oil and gas industry here in Guyana and the benefits coming to this great country,” she added.
Georgetown – Deputy Superintendent of Police, Patrick Todd who has been at the centre of a probe into an accident which claimed the life of Conrad Alleyne, a 64-year old cyclist has been charged with two traffic related offences.
Police spokesman Jairam Ramlakhan confirmed that based on legal advice obtained Todd has been charged with driving under the influence and causing death by dangerous driving.
This development came days after the case file in the matter was sent to the Chambers of the Director of Public Prosecutions, who had returned it twice to the police ordering further probes.
The accident occurred around 7.20 pm on September 12th along the Boerasirie Bridge, on the West Coast of Demerara (WCD) Public Road, while Alleyne, of 33 Hague, WCD, was riding his bicycle over the bridge.
The vehicle which struck him, a Toyota RAV4 bearing licence plate PTT 992, was driven by Todd, who is the Officer-in-Charge of the No.2 Sub-Division in ‘D’ Division (West Demerara).
During the initial stages of the investigation, Todd was administered a breathalyser test and his breath alcohol content was found to be above the legal limit.
Police spokesman Jairam Ramlakhan confirmed that based on legal advice obtained Todd has been charged with driving under the influence and causing death by dangerous driving.
This development came days after the case file in the matter was sent to the Chambers of the Director of Public Prosecutions, who had returned it twice to the police ordering further probes.
The accident occurred around 7.20 pm on September 12th along the Boerasirie Bridge, on the West Coast of Demerara (WCD) Public Road, while Alleyne, of 33 Hague, WCD, was riding his bicycle over the bridge.
The vehicle which struck him, a Toyota RAV4 bearing licence plate PTT 992, was driven by Todd, who is the Officer-in-Charge of the No.2 Sub-Division in ‘D’ Division (West Demerara).
During the initial stages of the investigation, Todd was administered a breathalyser test and his breath alcohol content was found to be above the legal limit.
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