-questions lack of info on mining fund
The National Toshaos Council (NTC) was described as “toothless” by PNCR-1G MP Dr. George Norton during Thursday’s debate in Parliament where he and others queried how government had failed to set up a mining fund for Amerindian communities which had been catered for four years ago.
He made the statement in parliament on Thursday during debate on the Amerindian Act 2006 (Commencement) Bill which the government has used to bring in force the Amerindian Act of 2006 which it failed to Gazette since its passage four years ago.
Dr. Norton, Head of the Guyana Organisation of Indigenous Peoples, said his party was still dissatisfied with parts of the Act including the powers it places in the hands of the minister, the NTC’s effectiveness and indigenous peoples’ access to community resources. “Many powers assigned to the ministers are judicial in nature and should be more appropriately exercised by a judiciary. There is a situation in the second instance of the National Toshaos Council; as envisaged at present, the National Toshaos Council is a toothless largely decorative body charged with such inspirational functions as promoting good governance,” Dr. Norton declared.
He added that the body was confined to functioning under the minister and it was that individual who may establish a secretariat “if he or she sees fit”—a reference to Article 40 of the Act. He also questioned why the minister was part of a body that was charged with providing her with advice. “The primacy of forestry and mining interests over community rights provide a vivid insight into the real intention of the state. In extraordinarily blunt language refusal of consent by a community is literally brushed aside if the minister responsible for mining deems it to be in public interest,” the MP said.
Dr. Norton also commented on the Guyana Geology and Mines Commission’s failure to transfer royalties from mining on village lands to a fund that was to be set up by the minister and queried if this was the government being true to the Act as it had been professing.
According to him, it would be interesting to know if the fund was ever set up and how much was in it.
He noted that in her presentation which preceded his, Amerindian Affairs Minister Pauline Sukhai had mentioned several sources of funding for the improvement of village economies but not once did she refer to the fund.
“This fund from the GGMC could have contributed in some form to the Amerindians empowering themselves economically by the statutes and not by annual presidential grants allocated at the discretion or kindheartedness of the president,” he said.
He went on to ask if the government’s recent interactions with the indigenous peoples were genuine efforts to better their lives. “Is it true interest in the welfare of Amerindians that is being demonstrated? Is this why there’s so much honeymooning with Amerindians during these past few weeks? Is all this romancing with Amerindians leaders at the recently passed National Toshaos conference a façade or a disguise?
According to the Explanatory Memorandum, the Bill seeks to validate the commencement of the Amerindian Act 2006 with effect from March 14th, 2006. “It validates all acts and things done between 14th March, 2006 and the enactment of this Act which would have been lawful if the Amerindian Act 2006 had been brought into force by Order. All persons are freed, acquitted, discharged and indemnified from all liability and legal proceedings of any kind in respect of acts and things done between the 14th March, 2006 and the enactment of this Act”, it says.
It says that no person shall be held guilty of a criminal offence on account of any act or omission and no person shall be made or shall become liable to any penalty in respect of any act of commission or omission under the Amerindian Act 2006 between 14th March and the enactment of the Bill.
According to the Explanatory Memorandum, an order was made bringing the Amerindian Act 2006 into force in April 2006. “This order was signed by the Minister but a Gazette copy cannot be found. Hence it is necessary to proceed by way of an amendment Act to bring the Amerindian Act into force and to effect the necessary validation”, it says.
Unworthy
However, in his presentation AFC parliamentarian David Patterson labeled the document an “excuse memorandum and unworthy of this National Assembly.”
“It is unbelievable that a government can offer such a lame excuse for the non-implementation of such important legislation,” he said.
Further, he noted that though the Act was not in force the government used it “conveniently” to its advantage with the election of village councils and the formation of Toshaos Council among several moves.
“By the same token millions of dollars prescribed under the Act since 2006 for mining proceeds to the indigenous communities should be applied but it is apparent that this government is seeking to evade this liability,” Patterson stated.
According to Patterson, the AFC would not support any bill that would exonerate the subject minister from carrying out their duties nor the failure to pay over the monies. He noted that the GGMC has said it has the monies for the Amerindian communities and then asked what efforts they made to communicate this to the government.
Further, he said, unaudited financial reports which the party was able to secure do not show the accrued royalties the agency professes to have in its possession. “It would be interesting to see how many of our Amerindian communities would be willing to opt into the LCDS programme if the monies due, irrespective of what amount, were paid over to them over the last five years. It is my guess very few would be willing to opt into a programme which they are unclear about,” he said.
When approached after the sitting for a comment on the status of the fund, Prime Minister Samuel Hinds, who has responsibility for mining, said the GGMC had the money and was prepared to pay it over as soon as the fund was in place, an echo of an earlier comment by GGMC Legal Advisor Rosemary Benjamin-Noble which this newspaper first reported on Wednesday. However, sources have since pointed out that there are no provisions in GGMC’s accounts for such a fund and when contacted again yesterday Benjamin-Noble said she had nothing to add to her earlier statement.
“I said what I had to say already,” was her brief response.
During Thursday’s sitting PNCR Shadow Minister of Finance Winston Murray had called on Hinds to present the details on the fund by the end of next week, a call which seemed to find favour with the Prime Minister who nodded and signaled by gesturing that he would do so.
