October 2, 2019 issue

Guyana Focus

Political climate fraught
with uncertainty

Even as Guyana struggles with uncertainty surrounding general elections and the legitimacy of its government, its President has remained steadfast that its current stance that to delay holding general elections is in the best interest of democracy.
In the meantime, mild international pressure has left the government unfazed. Maybe, just maybe, the country’s impending oil wealth is being used as a potent weapon to hold political confrontation at bay.

The sanctimonious words of Guyana’s President, David Granger, which echo hollowly across the nation, put the government’s position on overdue elections in perspective: “I have complied with the rulings of the Courts, upheld the Constitution of Guyana and respected the National Assembly at all times…We are on the right path to preserve our precious parliamentary democracy.”
These words were uttered by the President in his address to the nation, announcing that the earliest possible date for the holding of General and Regional Elections will be on March 2, 2020.
And the country has stood still, with full knowledge that these empty words make a mockery of democracy in Guyana, tantamount to corruption at the highest level.
Incidentally, the Caribbean Court of Justice had ruled on July 18 that elections must be held by September 18, after the government lost its challenge to nullify the December 21, 2018 no-confidence vote against it.
The CCJ ruled that the President and his Cabinet immediately resign and call general elections by September 18, unless extended by a two-thirds vote by the national assembly. But opposition leader Bharat Jagdeo indicated that he would not return to the National Assembly to support an extension because he expected elections to be held by September 18. In the meantime the CCJ agreed that the ruling party can act as a care taker government until elections are held.
Yet the government has unconstitutionally remained in power, using spurious arguments to defend its position, claiming that the Guyana Elections Commission is not in a state of readiness to hold elections. That it has taken more than a year to prepare an electoral list for less than a half a million voters is highly questionable, giving cause for concern that the country is heading into another era of rigged elections.
Recall that the 1978 general elections were postponed by the then PNC government (now APNU) to make way for a rigged referendum on constitutional changes that eventually led to another decade and a half of rigged elections.
Today, the country is poised to benefit from its new-found oil wealth, giving way to more favorable economic conditions. And because of this, the lure of power is greater than before.
In arguing his case for not holding elections by the September 18 deadline, President Granger cited the constitution, but included a caveat. He noted that the Constitution states: “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election”.
However, he qualified the reference to the constitution, stating: “The extension of a period beyond three months for the holding of an election is related to the Elections Commission’s readiness to hold the elections. The Government of Guyana must, as a consequence, return to the National Assembly to request an extension. The National Assembly reconvenes on 10th October 2019.”
Incidentally, the Constitution also states that “Cabinet, including the President, shall resign if the government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.” The fact that this did not happen has led to state the country is in today.
Earlier, in a letter to the opposition leader, Granger stated: “It is my considered opinion that the Caribbean Court of Justice did not issue orders that I should dissolve the National Assembly, fix a date for General and Regional Elections and that I should resign from the Office of President.”
Evidently, the issue of the timing of elections is not going to be resolved. The current government will have is way, regardless of the opinions of others. But there could be repercussions for the country.
The Bar Council of the Bar Association of Guyana condemned the failure by the government to hold General and Regional Elections within the period mandated by of the constitution. In a released statement, it noted that: “The constitutional duty and responsibility of the President was to fix a date for elections within the three-month period set out in the Constitution in the absence of a Parliamentary extension of that period, which extension the Bar Council notes was not sought and or obtained before the period expired.”
As well, “the constitutional duty and responsibility of the Guyana Elections Commission was to be ready to administer and supervise elections within the time encompassed by the three-month period so as to comply with the Constitution.”
“By failing to abide by the clear and unambiguous terms of the Constitution, the Government of Guyana has abdicated its responsibility, violated the Constitution, is operating outside of the rule of law and in breach of internationally recognised standards of democracy”.
The United States, the United Kingdom and the European Union also lamented that the government is in breach of the Constitution and that its actions would hinder their ability to support Guyana’s development needs. In a joint statement, the three parties noted that:
“The United States, United Kingdom and the European Union “….deeply regret that, by surpassing September 18, the Government is currently in breach of the Constitution following its failure to adhere to the decisions of the Caribbean Court of Justice (CCJ) on 18 June and its subsequent orders.
“This situation comes at great cost to the people of Guyana. The prevailing political uncertainty undermines Guyanese institutions, compromises economic opportunities and delays development across all areas including infrastructure, education, health, and social services. It also hinders our ability to support Guyana’s development needs.”
The Organisation of American States (OAS) also urged an end to the political uncertainty that has gripped Guyana by not holding elections. And so has the Commonwealth Secretariat. The OAS said it “will continue to follow the situation in Guyana and remains available to provide support as the authorities may require in ensuring the next elections meet the standards of transparency, credibility and integrity, required of all democracies.
However, the views of analysts cited in the local press questioned whether the statements made by the US, UK and the European Union would have any impact on the Granger Administration’s recalcitrance since there are no urgent projects reliant on funding from any of the three.
It was also noted that that the US and UK policies towards the Granger administration are increasingly driven by their desire not to upset oil production plans for ExxonMobil and Tullow.
But in a clear sign of the potential repercussions for Guyana, the UK High Commission announced that no decisions have been taken on the next phases of two vital projects: the road between Linden and Mabura and the development of the Kingston-Ogle seawall. Whether this decision will hold is left to be seen.
In this charged and uncertain political climate, Caricom countries have been surprisingly silent on the issue. And so is Canada.
 
GECOM revokes order requiring voters to verify their registration
GECOM Commissioner Sase Gunraj
Georgetown – The Guyana Elections Commission (GECOM) this week revoked the contentious order which required all prospective voters for the 2020 general and regional elections to verify their registration during the upcoming claims and objections (C&O) process.
Last week, by way of Order No. 70 of 2019, GECOM had required every person whose name appears on the Preliminary List of Electors (PLE) to visit the Registration Office in their respective area with their National Identification Card to verify their registration record in order to be included in the Official List of Electors (OLE) for the polls.
But a new order has now been issued which no longer includes the requirement. “The National Registration (Residents) Order No. 70 of 2019, dated 26th September, 2019, is hereby revoked,” it says.
Opposition nominated Commissioner Sase Gunraj said the dates for the C&O process have also been reduced from the erroneous 49 days that was previously published to 42. The C&O process began on October 1 and will end on November 11th.
During this period, the PLE, which will have 646,625 entries, will be subject to scrutiny at various registration offices around the country, including several mobile offices which the commission has said it will establish.
Gunraj shared on his Facebook page a copy of a “corrected” order he received from the Chief Election Officer Keith Lowenfield.
It was not previously a requirement for persons on a preliminary voters’ list to verify their registration and there was no explanation for the change by the commission, which prompted concerns over the legality of the move.
GECOM public relations officer Yolanda Ward had informed the media last week that as per the previous order those who do not verify their registration would not be included in the official list.
That order was seen as a bid to impose a residency requirement for voting as Attorney General Basil Williams has been trying to accomplish in court and Gunraj had argued that it contravened the ruling of Justice Roxane George-Wiltshire, who held that the removal of names would be unconstitutional unless said persons are deceased or otherwise disqualified under Article 159 (2) (3) or (4).
Gunraj said that at GECOM’s statutory meeting on Monday he will be asking for an investigation into the matter and to have sanctions imposed against persons responsible for any erroneous missives.
“No decision was taken on that as there was no discussion or proposal. I want to label this as dishonesty by the Secretariat,” he said, before adding that he will be asking for an investigation to be launched against the person or persons that are responsible for perpetuating this against the commission, and whoever is found culpable has to be sanctioned.
“This is the third consecutive week that I have had reason to correct the releases from the Secretariat, the third,” he stressed.
He also maintained that he will continue to advocate for the C&O to be limited to 35 days as previously agreed.
Last week Tuesday, government and opposition-nominated members of the commission had announced to reporters that there was a unanimous agreement for there to be an extensive C&O process for 35 days but the September 26 Order provides for 49 days and the current order provides for 42.
“Charles Corbin had suggested 49 days. My side was suggesting 21 then we removed to 28 and that is how the secretariat came to 35 because it was a compromise between the two [numbers]. Then now, [that figure] just came up in the order. It is not a cut and paste error, it is not something to say that you used an old order and it was probably [an] error. These are specific dates that had been touted by the government side,” he said.
 
Cabinet appointments of state councils, boards are illegal – Fmr AG Nandlall
Anil Nandlall
Georgetown – Former Attorney General Anil Nandlall has criticised the gazetted approval of the appointments of state councils and boards by Cabinet, which he says is continuing to illegally meet.
In a post made on his Facebook page, Nandlall drew attention to the recent publication of the composition of the bodies, which the Official Gazette said has been approved by Cabinet.
According to the September 28, 2019 Gazette, Cabinet considered the memoranda submitted by the Ministers of Education and Health and approved the appointments of several Board of Directors for a period of two years with effect from September 1, 2019 to August 31, 2021.
The agencies whose membership has been published include the Allied Health Professions Council, the National Accreditation Council, the Council for Technical and Vocational Education and Training, the Central Board of Health and the Board of Directors of the National Library.
Nandlall strongly criticised the action, while stressing that there is no Cabinet and therefore there can be no meeting of Cabinet nor decision made by Cabinet. “All purported meetings of Cabinet and all purported decisions of Cabinet are unconstitutional, illegal, unlawful, null, void and of no effect,” he wrote.
He reminded that in her ruling on the combined no confidence cases Chief Justice (ag) Roxane George-Wiltshire stated “that Cabinet is not required to resign with all convenient speed, as the resignation under article 106(6) takes immediate effect following the defeat of the Government on a vote of confidence by a majority of all the elected members of the National Assembly.”
“In this case, Cabinet must be taken to have resigned with effect from the evening of December 21 2018, and all functions or duties in any law to be performed specifically by Cabinet must be ceased from that time,” the judge noted in her written ruling.
This ruling was as upheld by the Caribbean Court of Justice, both in its judgment delivered on the 18th day of June, as well as, the Consequential Orders delivered on the 12th July, 2019, Nandlall argues.
He stressed at the information in the Gazette is a representation of government’s arrogant defiance of the clear language of the constitution, the Chief Justice’s and the CCJ’s rulings, while noting that a second action has been filed in his name and is currently pending, seeking an injunction, restraining “this unit masquerading as cabinet, from meeting and functioning.”
The action, which was filed earlier this month, is set to be heard on Monday.
Nandlall has contended that the CCJ erred when it declined to issue orders compelling Cabinet to resign and instead trusted that its guidance, and the directions of the Constitution would be obeyed by members of government.
Attorney Kamal Ramkarran who represents Nandlall in the matter, has expressed the view in his submissions that if Cabinet does not resign, Article 106 (6) is rendered meaningless.
 
Burglary of over $500,000 from Reliance Mandir, VEDA centre
Georgetown – Burglars over a period of three days stole $450,000 in items from the Reliance Mandir and $80,000 in items from the VEDA centre which is located in the same compound as the Mandir.
Reports indicate that last Wednesday around 5 pm, members of the Reliance Settlement Sanatan Mandir, at Reliance Settlement, East Canje Berbice, discovered a number of items missing. “The devotees having turned up for cleaning preparations for Navratri noticed the extreme south door was left ajar, this caused suspicion and the worst was confirmed. Missing are 2 Yamaha Speakers, 1 Yamaha Amplifier, 3 Sennheiser Microphones, Cables and Bag containing several XLR Cables and other microphones totalling $450,000”, a press release from the Mandir stated.
Only recently the Reliance VEDA Centre, housed in the same compound, was broken into and another music system, which was being used for dance classes, was reportedly stolen along with several saris/costumes which were to be used for the recently held Ramleela Production by members of the centre. The total estimated loss from the VEDA centre was over $80,000.
On Sunday evening it is suspected that another attempt was made to enter the Reliance VEDA Centre, however, no significant loss was recorded.
“In the first attack the police did not return to follow up on the matter. However, we have been assured that swift actions will be taken in this instance. Already, the CID officers visited and made necessary observations. We will cooperate in the investigation with the hope that the perpetrators be caught”, officials of the Mandir said. They urged the general public to be on the lookout for persons who are attempting to sell the stolen items.
“These attacks are callous, disgusting and sadly reflect a dangerous time we live in as society”, the release noted.
 
CANU gears up to meet new challenge as Ecstasy, other synthetic drugs
on the rise
From l-r –Deputy Head, CANU, Lesley Ramlall;
Minister Khemraj Ramjattan and NANA’s head, Major General
(ret’d) Michael Atherly.
Georgetown – Local law enforcement officials have expressed increasing worry over the growing popularity of synthetic drugs like Ecstasy. In fact, more attention has to be placed in fighting the emergence.
The disclosures were made Monday at the start of a week-long training for scores of staff members of the Customs Anti-Narcotic Unit (CANU), at the Georgetown Club. ...It is being held under the theme: “Stemming the flow of Narcotics through capacity building and Inter Agency collaborations”.
According to Deputy Head, Lesley Ramlall, CANU, which leads the fight locally to halt and reduce narco trafficking, during an international conference earlier this year in Azerbaijan, it was projected that drug flows will increase dramatically.
This would come even as there was the destruction of the large plantations of the Coca plant in one of the region’s biggest producers.
Despite this, cocaine producers ramped up their production, surpassing expectations for this year.
According to Ramlall, unprecedented seizures are clear indicators that demand for narcotics continues to increase.
In the Caribbean, there have not been any significant seizures in Suriname earlier this year. Ramlall warned that there is nothing to smile about.
Over the last eight years, the amount of cocaine produced has more than quadrupled. In 2010, 35 metric tonnes passed through the region. The figure was 184 metric tonnes in 2018.
In the face of this, the destruction of five fentanyl laboratories in last five years in one country had got the attention of law enforcement. In Guyana, Ramlall explained, this was no exception.
The last year has seen drug trafficking reduced with the number of persons attempting to smuggle through the airports recording a marked decrease.
Last year, one of the country’s alleged big player, Shervington Lovell, was arrested and taken to the US, clear indications that the local efforts are paying dividends.
Ramlall credited CANU’s success to better intelligence sharing, increased government support and improved strategy to dismantle and confiscate assets of drug traffickers.
The CANU official expressed deep worry with the increased use of synthetic drugs, particularly Ecstasy. He targeted greater inter-agency collaboration and education. The official acknowledged the trans-national challenge of drug trafficking.
At the event were Public Security Minister, Khemraj Ramjattan, and Major General (ret’d) Michael Atherly, of National Anti-Narcotics Agency (NANA).
There were also representatives of the Financial Intelligence Unit and other related agencies.
According to Ramjattan, narco trading has spill-offs that are disastrous and there must be capacity to fight it.
He pointed to a recent case at the Cheddi Jagan International Airport where a CANU rank was caught on video allegedly attempting to shakedown a female traveller.
The traveller posted the video online.
On Monday, Ramjattan said there must be more training on leadership and professionalism with no place for misbehaviour.
According to the Minister, drugs corrupt governments, corrupt commercial sector and law enforcement officials with traffickers uncaring about the consequences on children.
In fact, Ramjattan said, the entire focus is on making money.
According to the Minister, the fact is drug trafficking distorts the economy, with statistics available to prove it.
While for some the economy looks good, it is not. In fact, it chases investors away.
There are also bad influence and role models with the falsehood that there is easy money to be made.
According to Ramjattan, it is a fact that the drug fight will never be easy with even the US finding hard to halt it.
To compound matters, drug traffickers are running their operations like corporations with layers and different departments for transportation and Customs.
It also leads to trafficking in persons, among other things.
 
Family seeks over $100M for taxi driver’s death in lockups
Lallbachan Bachan
Georgetown – The family of taxi driver Lallbachan Bachan, is seeking over $100M from the State over his death in police custody. Attorney at law Anil Nandlall, who filed the suit, outlined that the family is seeking damages of $10M for death and personal injuries sustained by Bachan while in the custody of the Guyana Police Force, during the night of the 30th June, 2019 in the lockups at the Suddie Police Station, Essequibo Coast, under the Accidental Deaths and Personal Injuries (Damages) Act Chapter 99:05, Laws of Guyana.
The document stated that relatives also want $10M for negligence of the Guyana Police Force; $10 M for breach of statutory duty of the Force owed to the deceased under the Police Act; $10M for the Force’s violation of the victim’s fundamental right not to be subjected to torture or to inhuman or degrading punishment as guaranteed in Article 141 in the Constitution of Guyana and $10M for the unlawful deprivation of the life of Lallbachan Bachan, a citizen of Guyana, in violation of the deceased's fundamental right to the protection of his life as guaranteed by Article 138 of the Constitution of Guyana.
The family is also suing for exemplary damages in excess of $10M and special damages in the sum of $65 million.
The dead man‘s relatives had expressed a willingness to accept a $28 million settlement from the Guyana Police Force, (GPF).
Nandlall, had previously written to Commissioner of Police, Leslie James, suggesting an amicable course of settlement.
In his letter to the Top Cop, Nandlall noted, “I am of the considered view and persuaded that the death of the deceased resulted from the actions or omission of the Guyana Police Force. I have so advised my client who has firmly instructed me to institute civil legal proceedings seeking compensation for the wrongful death of the deceased.”
Nandlall noted further that given the recent settlement of $28M being granted to the relatives of a deceased who was wrongfully killed by members of the Guyana Police Force, the Bachan clan is not opposed to collecting that sum as compensation.
“Should the Force be so inclined, my client is not opposed to exploring a similar amicable course,” the lawyer concluded in his letter.
Based on reports, Bachan, 39, was taken into police custody, after two arrest warrants were served on him for driving under the influence of alcohol.
 

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