In February of this year, the National Assembly approved a Bill for the holding of local government elections no later than 1 August 2014. However, the President is yet to give his assent to the Bill, and it is not clear why he has not done so. Since then, there have been persistent calls from the political Opposition, various civil society organizations and the diplomatic community for elections to be held as early as possible. Local government elections were last held in 1994 although the law requires them to be held every three years.
Constitutional and Legislative Provisions
In accordance with Article 12 of the Constitution, local government by freely elected representatives is an integral part of the democratic organization of the State. This is reinforced by Article 71 (1) which states that local government is a vital aspect of democracy and shall be organized to involve as many people as possible in the task of managing and developing the communities in which they live.
In addition, Article 71 (3) stipulates that municipalities, neighbourhood democratic councils and such other subdivisions shall be provided for under Article 71 (1), including village and community councils, where there is the need for such council and where people request their establishment, shall be vital organs of local democratic power. Further, Article 13 elaborates in a more generalized way when it states that:
The principal objective of the political system of the State is to establish an inclusionary democracy by providing increasing opportunities for participation of citizens, and their organizations in the management and decision-making processes of the State, with particular emphasis on those areas of decision-making that directly affect their well-being.
The legislative provisions are contained in the Local Authorities (Elections) Act 1990 which require that Local Authorities be elected every three years and for such elections to be held by the first Monday of December in the third year.
The US Ambassador’s Statement
The US Ambassador Brent Hardt spoke about the continued failure to hold local government elections at a Blue Caps function. At an earlier reception to mark the Queen’s Birthday, the British High Commissioner had stated that the failure to hold such elections is a stain on Guyana’s democracy and a violation of the Commonwealth Charter. While the latter was spared the wrath of those in authority, the US Ambassador was not so lucky. The unfortunate and regrettable incident involving a government functionary unleashing what the authorities described as a “feral blast” on the Ambassador at his residence on the twin occasion of his farewell reception and the United States Independence Day Celebration, is without precedent.
I have had an opportunity to view the video of the Ambassador’s speech in which he cited the President offering different reasons for not having the elections each time the President spoke on the issue. This is what the Ambassador said about the President in relation to local government elections:
The President has correctly cast himself as a defender of the constitution – which is certainly one of his responsibilities as President — and has claimed that his opposition to certain National Assembly bills is based on his desire to abide by the constitution. But he cannot be an inconsistent defender of the constitution – ignoring the constitution’s very clear requirement to hold local government elections and, for that matter, to return bills to parliament no more than 21 days after they are sent to him…
In the midst of these attempted justifications for delay, it is noteworthy that the President has recently called City Hall “just a disaster.” He lamented that there is so much to be done around the city that isn’t being done. So why would he not wish to hold LGE to create some democratic accountability within the city?
The President had said that “citizens should raise their voices a bit more as far as that is concerned.” But citizens are raising their voices. They are saying they want LGE to address the situation. They want to raise their votes, but only he can give them that opportunity. And it’s past time for him to do that…
In January 2013, President Ramotar said the Government wanted to hold LGE, adding that the process is ongoing to put in place the necessary conditions. “I cannot hold local government elections until those bills are passed,” he explained. Well, those bills are now passed.
In July 24, 2013, the President asserted: “The fact that we did not have these elections has nothing to do with a lack of will on our part. . . I know that it is badly needed because many of the problems we face are due to the fact that we did not have local government elections.” So now is the chance to solve those problems.
Most recently, the President has said: “It’s not like we don’t want local elections but there is a certain level of uncertainty.” “I would prefer to go to LGE, but I cannot shut my eyes to the reality that exists and make a bland promise that I would go to LGE tomorrow, as I would have done if we had the majority in parliament.” But the reality is there will always be uncertainty in politics.
The President has also referred to the “impact of the AML bill,” but AML sanctions are not something that will be like a spigot on or off. In fact, FATF will not fully review Guyana for six months — which by the way is exactly the amount of time required for GECOM to prepare for LGE. So again, AML uncertainties are not an adequate justification for further delay.
The President also recently indicated he would have called elections if his government had the majority in parliament” But again, the constitution does not say, elections every three years, except when the executive does not have a majority. It says every three years.
Finally, I should note that the President’s reason given for rejecting the LGE Bill in parliament is essentially a reason he generated by not abiding by the constitutional requirement for responding to bills sent to parliament. He advised parliament that he did not assent “because GECOM has publicly declared that it is impractical to hold LGE on or before August 1.” Of course, had the President assented within the constitutionally required 21 day time limit, there would have been ample time to meet this schedule. So essentially he is saying, I have delayed the bill long enough that the timeframe in the bill is no longer adequate…
In the face of all this, I still believe that President Ramotar has a tremendous opportunity to make a historic contribution to Guyana’s political development by being the President who restores elected local governance to Guyana – a longstanding national goal and something that PPP founder Cheddi Jagan fervently believed in.
The “Feral Blast”
While it is unprecedented for a member of the Diplomatic Community to speak on a politically sensitive issue as Local Government Elections in Guyana the way the US Ambassador did, we must acknowledge that the Ambassador has spoken the truth in a passionate appeal for us to adhere to democratic norms. Regardless of how inconvenient it is for those in authority, his words are an echo of the silent majority. As such, one would have thought that the authorities would seriously reflect on the message and take appropriate action to reinstate the right of citizens to choose who among them should manage the affairs of their communities. Instead, in their customary way and in defiance of all diplomatic norms, the authorities chose, through an invited guest as its representative, to launch a vicious and scathing attack on the messenger at his very home.
An attack on the Ambassador is an attack on the United States since in all probability he would have sought clearance from the US State Department in relation to the contents of his speech. The United States over the years has always come to our rescue at crucial times in the history of our country. Most of us would remember America’s intervention in the restoration of free and fair elections, and hence democracy, in Guyana in 1992 after decades of authoritarian rule. One cannot also forget that the United States was in the forefront in assisting Guyana to reschedule and cancel Guyana’s debts to the International Financial Institutions of which the United States is the greatest financial contributor.
It is ironic that some of those who have chosen to openly boast about “feral blast” and who admitted to orchestrating it, are the prime beneficiaries for 22 years of America’s goodwill to this nation. If it was felt that the Ambassador had crossed the line in his criticisms of the President, as opposed to an attack on him as the authorities would have us believe, the recourse is not this uncouth, embarrassing and arrogant display of naked power. Rather, a simple but firm diplomatic note of protest to the US State Department would have sufficed.
To be continued –