The Guyana Trades Union Congress (GTUC) has rejected the positions advanced by the President for his non-assent to the Local Government (Amendment) Bill and has called for the President to provide in writing, reasons for withholding assent, in keeping with Article 170 (3) of the Constitution.
In a press statement, the GTUC stated, “To tell the public the decision is informed by an agreement and understanding between the PPP and PNC during the Ninth Parliament and that this is therefore binding when the Tenth Parliament sees the need for revision of aspects of the Bill is disrespecting the intelligence of Guyanese citizen and an effort to hold the Tenth Parliament to ransom.”
The labour umbrella group posited that agreements are only binding in so far as subsequent Parliaments and the people who elect their representatives continue to see them as serving their purpose in a fair and just manner. It declared that President Ramotar, must know that Parliament at any time has the power/authority to change or amend legislation consistent with the laws that guide Parliamentary operations.
The GTUC called on the Speaker, in keeping with Article 170 (3) to ensure that assent to any Bill withheld by the President is accompanied by, “a message stating the reasons why he has withheld assent.” GTUC also called on the Parliamentary Opposition, members of civil society and ordinary citizens to protect their rights and to hold the President accountable to the Constitution as is stipulated in Article 170(3).
The statement said that the “GTUC further holds the President accountable not merely to giving his opinion or making statements that suggest that any Bill is unconstitutional and therefore cannot be assented to by him, but to provide the requisite constitutional evidence to support his positions.”
It said that on the recent claims made by the President that it is “unconstitutional to try and take the authority of the minister out and vest it into a commission and that the constitution is against that…that is why [he] didn’t assent to it,” GTUC having perused the Constitution can find no worthy passage that supports the President’s argument for non-assent premised on retaining ministerial authority.
According to the statement, the GTUC’s perusal of the Constitution found that: “Article 71 (1) Local government is a vital aspect of democracy and shall be organised so as to involve as many people as possible in the task of managing and developing the communities in which they live.
“Article 75 states that Parliament shall provide that local democratic organs shall be autonomous and take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.
“Article 77A Parliament shall by law provide for the formulation and implementation of objective criteria for the purpose of allocation of resources to, and the garnering of resources by local democratic organs.
“Article 78A Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.”
It said that the “GTUC stands prepared to accept constitutional evidence to support the President’s position or negate that which is held by us and which we believe is supported in the Articles cited,” which it found were supportive of GTUC’s position.
The statement said that the GTUC did not want to conclude that the President was deliberately misleading the nation by making fallacious arguments seeking to hold the Tenth Parliament to ransom.
“However in light of the pronouncements made, the GTUC questions whether the highest office of the land is subjected to advice inimical to good governance.” the GTUC asserted.
“GTUC reminds the President that legislation or decision-making cannot be inimical to the interest of the people and undermining of the democratic processes of this country. The Local Democratic Organs as per the Constitution provides a level of protection that should not be violated.
