The Terms of Reference (TOR) for the Commission of Inquiry into the Linden shooting was presented to the National Assembly last evening but it could be some time yet before the Commission begins to probe the shooting which left three persons dead as the composition and other factors are still to be decided.
Attorney General, Anil Nandlall read the TOR to the House and the Alliance For Change (AFC) immediately expressed reservations while Opposition Leader, David Granger said that there is “a danger” in having “things which are written, produced, edited and delivered by one side” presented to the Assembly.
However, APNU’s Joseph Harmon who was one of the keys drafters said that it could later be amended. In an invited comment he told reporters that although what was presented was a “final draft”, issues such as the duration of the Commission of Inquiry and the actual composition still had to be addressed.
President Donald Ramotar had set August 2 as the deadline for the TORs to be completed by Harmon and Head of the Presidential Secretariat, Dr. Roger Luncheon. The two were tasked with drafting the terms for the inquiry into the events of July 18 that left three Lindeners, Allan Lewis, Shemroy Bouyea, and Ron Somerset, dead and more than 20 injured.
“Terms of reference can always be amended as you go along. Things can be added and things can be taken out. At least you have a basis for moving forward. What was presented tonight is something that will be worked with for now,” Harmon said. He said that what was read by Nandlall was “what you call a final draft which was submitted by the parties.” He said that the contribution of APNU and the AFC was by way of a draft document sent to Dr. Luncheon on July 30.
Asked if what was read was agreed to by him and Dr. Luncheon, he said that the TOR is not a signed document. “It represents the position as of today. You would recall that we give an undertaking by August 2 that we would try to settle these terms of reference,” he said. Harmon noted that the first question commissioners would ask is what are the TOR. He said that they would also inquire about the length of time the commission will take and their remuneration. These questions, Harmon said, must have answers and that is what the TOR sought to address.
Dr. Luncheon, he said, would at a later stage release more information as it is the government that will have to fund the commission of inquiry including the payment of the commissioners whether local or international. In terms of the international component of the Commission, Harmon said that contact has already been made with persons “outside of Guyana, in Caricom and further afield to constitute this commission.”
Last evening, just before 8 pm, Nandlall told the House that he wanted to read into the record of the National Assembly, the terms pursuant to a public commitment made by the government and the joint opposition.
Interjected
Following objections from some members, Speaker Raphael Trotman interjected saying that the statement although official will only be taken for information purposes.
The TOR as read by Nandlall were:
“1. To inquire into and report on the circumstances surrounding the shooting to death of Allan Lewis, Shemroy Bouyea, and Ron Somerset and the injury of several other persons on July 18 at the Mackenzie/Wismar bridge. Specifically to:
a) Identify what unit was employed at the scene at the bridge and what was its composition;
b) What training was given to the unit individually and collectively in preparations for the crowd control operation;
c) Determine whether the shooting to death was done by the police detachment on the bridge;
d) If so determined, inquire who give the orders to fire and whether the police had justification for the use of lethal force at the scene;
e) Inquire into instructions given and the conduct of the Guyana Police Force detachment in carrying out its law enforcement functions on July 18;
f) Inquire what if any general or specific instructions did the Minister of Home Affairs gave to the police to maintain law and order in Linden immediately before, during and immediately after the events of that day;
g) Inquire into the actual cause of death of the three deceased,
h) Inquire into the nature of the violence and destruction and its perpetrators that immediately followed the July 18 shooting.”
“2. Inquire into and report on the role and involvement, if any, of political organizations and other forces in organizing mobilizing and promoting the protest action from the commencement and immediately after the shooting on July 18.”
“3. Make recommendations, implementation of which would assist the Guyana Police Force in effectively and professionally discharging their responsibility for the maintenance of law and order in the community of Linden and similar communities without endangering their safety and that of civilian persons”.
“4. Make recommendations for compensation for personal injury, damage and loss to victims of the event of July 18.”
Nandlall said that as far as he was aware, the above are the consensual terms of reference arrived at and upon which the inquiry will be launched.
Trotman stated that Nandlall’s statement was equal to a public service announcement and was not a matter for debate while urging the MPs that if they wished to so do, they can on the corridors of the Parliament Buildings. “We are in the middle of a motion,” he pointed out.
Mixed reactions
The announcement brought mixed reactions from Region Ten Chairman, Kuice Sharma Solomon, opposition members and the Speaker.
AFC parliamentarian, Moses Nagamootoo told the House that he does not intend to debate the issue but wanted to make the point that the statement by Nandlall that the terms were arrived at consensually was misleading. “The AFC is not a party to that announcement, public or otherwise…We have reservations over what has been said,” he declared. Nagamootoo said that Nandlall also misled the House when he said that the terms were a joint effort.
“There is a danger in having these announcements made. Things which are written, produced, edited and delivered by one side could be very prejudicial and I would hope that this does not form part of the record of this House,” Granger, moments later, said. He recalled that there was a similar experience earlier this year when “unilateral declarations” were presented as consensual agreements and “I don’t think we should go that way at all.”
Later, Granger told reporters that the party is looking for a mix of Guyanese and Caribbean jurists to sit on the commission. He said that his party is not opposed to international participation in the process. Asked to react to the fact that this was not included in the TOR which were presented last night, the opposition leader stated that “the matter hasn’t been settled as yet. We need to get the input of the Alliance For Change and we think it is prejudicial to make an announcement now before the terms of reference are agreed to by all three parties.”
Granger said also that he did not get the impression that the AFC had an input in what was presented and urged reporters to consult with Harmon. “I don’t get the impression that the Alliance For Change has agreed. I would think that it is an interim report. I didn’t get the impression that the Alliance For Change has completely signed on to everything as yet,” he said.
Asked if the announcement surprised him, Granger said that he knew that yesterday was the deadline and that the discussions were taking placed, but “I prefer a final report to be made about the TOR.”
Trotman, in his address to the House said that he too was taken by surprise by the announcement and assured that it will not form part of the record. “It is highly irregular, unprecedented and neither was notification given to me nor permission sought before the announcement was made so I was taken by surprise as was everyone else present,” he said.
A surprised Nandlall after fumbling for words told the House that “I must say that the APNU through Harmon had agreed that this thing will be read.” He added that he also assumed that Harmon would have consulted AFC Chairman, Khemraj Ramjattan.
“I am starting to feel that the House is being abused. If people have their own private arrangement going on, at least do the others a courtesy of letting us know what is happening. It seems as though some private arrangement is happening and it is an insult to the rest of us. So if there was an agreement I am saying take that agreement outside. That was not part of the business of this National Assembly if that agreement was hatched and dealt with elsewhere,” said Trotman before instructing Nandlall to make his presentation on the President’s pension and other benefits motion.
“It caught me off guard… I cannot find words to explain what has happened here,” Solomon said when contacted about an hour after the announcement. He added that he was not knowledgeable of what the terms were and he would be in a better position to address the issue today. The chairman had been meeting with the President and other government officials along with members of the joint opposition to find common ground to resolve the issues in Linden which include the killings and blocking off of main access roads by residents.
The AFC’s Nigel Hughes who has also been meeting with the president as part of the joint opposition team also expressed disquiet. “I am absolutely surprised,” he said when asked about the announcement. As his party’s representative, he was never shown the TOR by APNU or the government, he said.
The attorney pointed out that the international component was a condition for the inquiry that was set by his party from the beginning and if that is not included in the terms of reference then “we cannot agree to it. It would be difficult for us to accept it without this component.”
