The courts must protect the rights of citizens, Alliance For Change (AFC) MP Sheila Holder said yesterday, as she welcomed Friday’s landmark ruling, which paves the way for widening broadcast access for Lindeners.
Reacting to the judgement by acting Chief Justice Ian Chang, Holder told Stabroek News that she was pleased.
While acknowledging that reforms in the telecommunications sector are critical, Chang held that residents in the community should not be made to suffer, and he ordered that all applications for television and radio licences be dealt with immediately, and not at the convenience of the administration. The government has indicated it would appeal the judgement.
Only two weeks ago, the PPP/C used its parliamentary majority to defeat a motion in Holder’s name that sought to have the National Assembly call on government and the National Frequency Management Unit (NFMU) to permit operators of private television channels the right to relay and beam their signals to Linden, Wismar and other Region Ten communities, without having to attain additional licences and pay additional fees. The government spokesmen did, however, say that they were willing to begin issuing new licences and re-examine the long-awaited broadcast legislation.
Holder said the government’s indication that it would appeal the ruling is appalling. According to her, it suggests that the government believes it has the right to arbitrarily breach the Constitution. “I hope the Appeal Court will throw it out and not indulge the government in its quest to deny the people of Linden and other areas in Region Ten their constitutional rights,” she said.
Chang said applications should not be placed on file as had been the practice since the issue speaks to the fundamental right of residents in the community-freedom of expression. According to him, there can be no excuses, particularly as it relates to the administration having to consult with the main opposition PNCR to move the legislation forward in the telecommunications sector. He said that what has happened to the people of Linden is discriminatory, noting that they have a constitutional right to access more than one television station. Currently, only the state-run NCN TV has been allowed to broadcast there.
Holder said the courts must be seen as a resort for the citizenry and she hoped that it if the government appealed it would be dealt with expeditiously. “The courts must come to the rescue of the citizenry and it must give us hope in the face of blatant breaches of the constitution,” she said.
Chang ruled on a 2005 constitutional suit brought by Linden residents, Norman Chapman and Mortimer Yearwood. They had been seeking to set up a radio station since 2001 and also signalled renewed interest ahead of the 2006 General Elections and had merely been told by the NFMU that their application would be placed on file as no agreement had yet been reached on broadcast legislation reform. Through attorney-at-law Llewellyn John they then approached the court against the Attorney General and the Guyana Elections Commission seeking several declarations.
Among these were that the failure of the respondents to have radio broadcasts from stations other than state radio is a negation of free and fair elections; the failure of the respondents to allow television channels other than state TV in Region 10 is a contravention of the applicants’ fundamental rights under Article 146 of the constitution. They also sought declarations that their rights under Article 149 in relation to accessing information and ideas and Article 40 in relation to equality of treatment and protection of the law had been infringed.
In clearing the way for Yearwood and Chapman’s licence application, Chang has also opened the door for CNS TV 6 and VCT 28 which have been seeking to expand coverage to Linden and other parts. Sharma, though not an applicant in the court matter, had testified at the hearing regarding his efforts to transmit in Region Ten being stymied by the government.
Sharma said yesterday that Chang’s ruling was “perfectly right” though he noted the government’s appeal is sure to delay any movement on expansion for years to come. “So we come right back to square one,” he said. Meanwhile, Sharma mentioned that he was still awaiting a decision on the suit he brought challenging the government’s decision to close down his station, earlier this year.
