Dear Editor,
I was in Guyana over the last several days to conduct a survey on contemporary issues. Everywhere I went, people complained about the current law-making process, particularly the failure of the three parliamentary parties to agree on critical legislation that is impacting on their lives. Given the current climate of public discontent with all three parties over the handling of certain bills and the parliament, all three parties, should seriously consider political engagement with the people in current and all future proposed legislation.
All three parties should consult with their supporters and the public at large prior to any policymaking as is done in the US and other mature democracies. In Guyana, in terms of legislation, what obtains is the parties make policies and then ram them down the throats of the population. The impact on the lives of the nation is hardly considered. It should be the reverse. The people should be the ones to propose legislation that will improve their lives. They should be consulted on all legislation and then the laws should be tailored to meet the needs of the population, not the needs of the MPs or the parties.
Public participation is critical in the law-making process. Unlike in America, in Guyana, there is virtually no forum for inputs when bills are proposed, drafted and debated in the House. Everything is done behind the closed doors of a parliamentary committee or inside the parties themselves with the public being told to heed the law without knowing why the law is important. Instead of just discussing, debating and passing a bill without input from the public, the government should publicise the details of any proposed legislation to the population and hold hearings in various regions to obtain people’s views before bills are introduced in parliament.
The public must then be given a significant amount of time to comment on the proposed legislation as well as opportunities to add to or delete from the bill. People who feel they are potentially affected by a proposed legislation — whether adversely or favourably — should be able to have a say in the law-making process. In a racially and politically divided country like Guyana, transparent and inclusive law-making is very important so that proposed laws reflect the will of the people. A balance of competing views and inputs is critical in law-making. Public feedback should be part and parcel of any proposed legislation. Public consultation ensures that people-friendly provisions that will benefit the people should be added to bills. Every party should tour the country and hold town hall meetings as is done in the US. Notices could be placed in leading newspapers and on the internet publicising the hearings.
Pre-legislative scrutiny will help to enhance democratic governance and strengthen our democracy. Such a process is prevalent in the US at all levels of government, including in city legislation. It is also common in other countries that are accustomed to transparent legislative processes. Experts should also be approached to testify offering views on the impact of legislation to lives or the environs. In the US, Congress holds hearings inviting experts to give their views. Members of Congress also go around the nation obtaining inputs from the public at large. People are encouraged to submit their views in writing. Experts are also consulted in America to help draft and refine bills. Considering a proportion of the Guyanese population cannot read or write, oral consultation is most important.
Also, people and organizations should be allowed to lobby for or against a bill so that it is not viewed as one-sided, benefiting one party. All bills must benefit the people.
In sum, pre-legislative scrutiny is critical for all proposed laws. This would transform Guyana from being a representative (elective) democracy to a participatory, deliberative democracy putting the people in charge of the legislative arm of the government. This is the essence of democracy. It is time for the parties to consider the best ways and means to involve the public in the law-making process. Public consultation must be the crux of the process of law-making.
Yours faithfully,
Vishnu Bisram
