Nearly a decade after the completion of the constitution reform process, none of the four constitutional rights commissions is functioning.

Half a year ago, nominees to two of them–the Rights of the Child Commission in May, and the Women and Gender Equality Commission in August–were sworn in by President Bharrat Jagdeo, after they were approved by the National Assembly. However, the commissions, according to PNCR-1G MP Deborah Backer, are “stillborn,” in the absence of an administrative secretariat. As a result, neither commission has met to choose the respective Chairperson and Deputy Chairperson.

The Appointments Committee of the National Assembly is said to have concluded its review of nominees for the Indigenous Peoples’ Commission. Meanwhile, no consultations have taken place between President Jagdeo and Leader of the Opposition Robert Corbin on the Chairperson for the Human Rights Commission. According to the Constitution, the Chairperson of the Human Rights Commission is to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation with human rights experts. The Human Rights Commission would comprise the Chairperson along with respective Chairpersons of the other rights commission as well as the Ethnic Relations Commission. Further, the Human Rights Commission is to be responsible for the functioning of the secretariat for the commissions.

Backer told Stabroek News that at the level of the Appointments Committee, opposition members have been emphasising that the swearing in of the members of the commissions is not the end of the issue, “We have said to give it life, there has to be a secretariat,” she explained, adding that the necessary finance is needed to ensure the commissions can perform their oversight roles.

Last October, government spokesman Dr Roger Luncheon said that all constitutional rights commissions would be in place and functional before the end of the current session of the Ninth Parliament. Luncheon also said the Bauxite Industry Development Company (BIDCO) building is currently being rehabilitated to house all five of the constitutional commissions. Currently, the BIDCO building only houses the Ethnic Relations Commission. According to Luncheon, the building would also house the offices of the chairpersons, chief executive officers and the staff of the secretariat of all the commissions.

However, the current estimates for spending this year don’t cater for any of the commissions, save for the Ethnic Relations Commission. The National Assembly is responsible for preparing and approving a venue for the commissions’ headquarters and a budget for at least the first year’s activity and its secretariat.

Additionally, the Sectoral Committee for Social Services is required to propose to the National Assembly for approval, in consultation with members of the commission, the emoluments and allowances payable to the members of the commission.

Stabroek News has been told that none of this has been done, while the Standing Committee for Constitutional Reform, which has an oversight role for all commissions, does not meet.

Health Minister Dr Leslie Ramsammy, who is also a member of the Appointments Committee, could not say why the secretariat has not been established yet for the commissions, but emphasised that the committee is not responsible for it. “Our mandate is to have persons appointed to the committee and that is where it ends. Questions about establishing the secretariat among other things is not handled at our level,” he said.

He also explained that no budget provisions were made for the commissions because they have to meet and set out a work plan. The next step would see them approaching the relevant authorities or government agency, which is responsible for budgetary provisions. He noted that government has said that budgetary provisions would be made, but only  after the commission would have sat down and worked out what they need.
‘Surprising’
Human rights activist Vidyaratha Kissoon, who is a member of the Rights of the Child Commission, said he is surprised that things have not been put in place quickly. “I thought once we were sworn in, we would begin work immediately,” he explained, adding that he hoped that the public would raise the issue with the National Assembly, “to ensure we are given the resources we need to work with.”

He noted that there are some issues that the Right of the Child Commission could have addressed, and in particular legislation but he added that the time has since passed. He emphasised that this is the expectation of the public as well as the National Assembly, to which the commission is expected to report on an annual basis. (In addition, the commission is also charged with consulting on and preparing an annual report on the Rights of the Child that is to be submitted by the government to the United Nations Committee on the Rights of the Child.)

Kissoon also said he was “appalled” to learn that the 2010 budget doesn’t include any allocations for the commissions and he hoped that concerned MPs would pursue the issue in the National Assembly.

In addition to Kissoon, the members of the Rights of the Child Commission are Kaloutie Nauth, Yvonne Fox, Sarojanie Rambarran, Aleema Nasir, Colleen Anthony, Michelle Kalamandeen, Suelle Findlay-Williams, Sandra Hooper, Rosemary Benjamin- Noble, Banmattie Ram, Kwame Mc Coy, Shirley Ferguson, Hyacinth Massay and Marissa Massiah.

Among its functions, according to Article 212V of the Constitution, the Rights of the Child Commission is mandated to promote the rights and interests of, and respect for the views of, children; ensure that all rights of children are taken into account at all levels of government, other public bodies, and private organisations when decisions and policies affecting children are taken; and monitor, evaluate and make recommendations on policies, procedures and practices of organisations, bodies, institutions in order to promote the rights of the child.

Meanwhile, PNCR-1G MP Cheryl Sampson, who sits on the Women and Gender Equality Commission, confirmed that the situation is also the same for that body. “One wonders whether these people are really interested,” she declared, adding that the swearing-in was a long time ago.

She said that there has been no communication from the National Assembly since then, explaining that in the case of the Ethnic Relations Commission, members had been invited to an initial meeting, chaired by the Speaker of the House, who oversaw the process for the selection of the chair and deputy chair.

Under Article 212Q of the Constitution, the Women and Gender Equality Commission is tasked with the promotion of the national recognition and acceptance that women’s rights are human rights, respect for gender equality and the protection, development and attainment of gender equality.

In addition to Sampson the members of the Women and Gender Equality Commission are: Vanda Radzik, Shalimar Ali-Hack, Debra Ann Henry, Nandranie Coonjah, Ernestine Barker Logan, Bibi Haliema Khan, Karen Van Sluytman-Corbin, Renata Chuck-A-Sang, Gaietra Baron, Gillian Burton, Nicole Cole, Peter Persaud, and Indranie Chandarpal.