Two years after it entered office, the APNU+AFC government is yet to fulfil key promises on constitutional reform, a revived integrity commission and a code of conduct for senior officials, while even commitments such as lowering VAT have been diluted.
The coalition’s elections manifesto set out an action plan for its first 100 days in office, most of which have been achieved, albeit outside of the government’s timetable and in some cases with provisos that were not advertised during its campaign. Take, for example, its promised reduction of the 16% Value-Added Tax (VAT), which was finally lowered to 14% this year. While the tax was reduced, its application was also widened to include goods and services that were not previously taxed, such as electricity, water, internet and private education tuition fees, which has prompted complaints and protests by the citizenry.
The “100 days” promises that are still to be implemented are the return of a television station to Lindeners and the establishment of a code of conduct for public officials. On the latter point, the coalition had committed to establishing a code for parliamentarians, ministers and others holding high positions in government to abide by, including mechanisms for those to demit office if in violation of the code. Since the government entered office, it has produced at least two drafts of the code, which have been circulated for feedback. Recently, two groups, the Guyana Human Rights Association and Transparency Institute of Guyana Inc, which were asked to review the proposed code, highlighted deficiencies that they say could impede its effectiveness. The proposed code would update the current code established by the Integrity Act.
The government’s promise to “appoint an independent Integrity Commission as a matter of urgency, staffed by persons of the highest integrity,” is also still to become a reality.
The APNU+AFC coalition’s elections manifesto also set out other promises and the track that it would take once voted into office outside of its plans for its first 100 days in office.
Among these was constitutional reform as APNU+AFC argued that the constitution in its current form “does not serve the best interest of Guyana or its people.”
“Within three months of taking up office, APNU+AFC will appoint a Commission to amend the Constitution with the full participation of the people. The new Constitution will put the necessary checks and balances in place to consolidate our ethos of liberal democracy. Freedom of speech, reduction of the power of the President and the Bill of Rights will be enshrined in the document,” it was stated.
However, although there has been movement, progress has been slow and many have accused the government of not being interested in effecting constitution reform.
While in 2015, government set up a Steering Committee on Constitutional Reform (SCCR) and it delivered its report to Prime Minister Moses Nagamootoo, government’s point person on the matter, in April, 2016. Among other things, the SCCR recommended a reduction of immunities for the President, limiting the powers to prorogue or dissolve Parliament and excluding the Attorney General from Cabinet so the holder of that office remains impartial. It envisioned the completion of the entire process within 18 months.
Last month, Nagamootoo reported that Cabinet would soon make a decision on the acceptance of technical and financial support for constitutional reform from the United Nations, while adding that the draft bill for the Constitutional Reform Commission is to be updated by his office, following a review by the Attorney General’s office.
The opposition PPP/C has so far objected to Nagamootoo leading the process, although he has indicated he would not give up the responsibility and urged that the opposition re-examine its priorities.
Both Professor Harold Lutchman, who was a member of the SCCR, and head of the 2000 Constitution Reform Commission Ralph Ramkarran have said that neither the coalition government nor the opposition PPP/C appear to have any appetite for constitutional reform.
‘Foundations for development’
Constitutional reform is among the manifesto’s 15 “interconnected Foundations for Development,” which were said to be “all equally important and must be implemented in an integrated way.”
Also among them is national unity, which the coalition described as the essence for its coming together and which will inform all decision-making with respect to political, economic and social development issues. It said that the practice of one-party rule and winner-takes was “history.”
The PPP/C, the only opposition party in Parliament, had indicated it was not going to be involved in any unity talks once Nagamootoo, who is a former member, was in charge.
The governing coalition also said it aspired to achieve “rapid economic growth and development,” through a strategy for meaningful job creation, with adequate wages and remuneration, in pursuit of a dynamic and modern economy. “Through our detailed programme for transforming the productive and emerging sectors of the economy, APNU+AFC will foster and facilitate the upgrading of skills for our people for the enhancement of industrial growth and the development of value-added services,” it said.
However, the government has come under intense scrutiny from the private sector over what has been seen as lacklustre economic performance, a weakening currency and major outstanding decisions on the sugar industry which could see thousands losing their jobs.
Apart from high exchange rates in recent months, the business sector has complained that there has been a slowdown in the economy. Only in March, the Guyana Manufacturing and Services Association (GMSA) had warned about the rate of deterioration of the Guyana dollar and had estimated that the real exchange rate for the US$ when available is $230 to US$1 for the replacement of imported inputs into the sectors.
“The rise in the price of the U.S. dollar will have far reaching effects on our country as a whole both socially and economically,” GMSA had said.
The coalition also promised to address crime. While the police have given statistics from time to time to indicate that there has been a decrease in serious crimes, there continues to be complaints among the populace about the high incidence of crime, especially armed robbery.
To its credit, however, the Guyana Police Force has been cracking a significant number of cases and there has also been an increase in the solving of cold cases. The government also listed in the manifesto that that it will develop “innovative strategies to enhance and support current police efforts to better serve the security needs of Guyana.” These have not yet been developed even though UK security expert Lt Col (rtd) Russell Combe recently indicated that he will be submitting an interim security action plan for Guyana by the end of this month. Combe is working with the Guyana Government to resuscitate the Security Sector Reform Action Plan, which was scrapped in 2009 by the then PPP/C government over differences with London.
The coalition did deliver on the promised holding of long delayed local government elections in 2016—another foundation—although the Local Government Commission, which is responsible for dealing with all matters relating to the regulation and staffing of local government organs, is yet to be set up.
For over a year, Minister of Communities Ronald Bulkan has tried to explain the government’s refusal to name its nominees for the body, after both the opposition and the local government unions identified their nominees. Bulkan has said that the commission will be operationalised once Leader of the Opposition Bharrat Jagdeo states whether he satisfied the requirements of the legislation and “consulted with all parliamentary parties” when deciding on the names he submitted as commissioners. The minister has maintained this position despite the opposition having claimed to have submitted a response to this query in July, 2016. The PPP/C has since been trying to arrange a meeting of all the parties at the next sitting of the National Assembly.
Recognising the important role of the diaspora, the coalition had also promised to implement a series of “incentives to attract this talent their wealth in the development of Guyana.”
“APNU+AFC will establish Diaspora desk offices at its Embassies and High Commissions in New York, Toronto, London and the Caribbean to solicit investments and entrepreneurial and other skills to develop Guyana with clear constitutional guarantees that investors’ assets will be protected, regardless of who is in Government. In addition, APNU+AFC will facilitate a safe and hospitable environment for investment,” the manifesto stated.
But apart from a number of honorary advisor appointments, there has been no major move towards including the diaspora. In fact, many in the diaspora have complained of not been engaged by the government and some have even complained about being snubbed.
Healing and reconciliation
The manifesto argued that “Perhaps nothing is more important to APNU+AFC than being a change agent for healing and reconciliation in our beloved Guyana” and it noted that the coalition would “make every effort to forge healing and reconciliation, thereby preventing tension and to establishing lasting peace and prosperity.”
Towards this end, the coalition pledged to take a multi-pronged approach to healing and reconciliation by addressing governance, education and culture, and social and economic disparities.
Under governance, it was promised that cultural and religious leaders would have advised Cabinet on policy matters, that the Ethnic Relations Commission, the Women and Gender Equality Commission, the Indigenous Peoples Commission and the Rights of the Child Commission would be depoliticised and strengthened, and that citizens’ complaints against state officials would be heard and addressed by enhancement of the prominence and importance of the Office of the Ombudsman.
The process for the selection of new members of the constitutional commissions has been ongoing for quite some time, while as regards the Office of the Ombudsman, it took eight months following the death of the last office holder Justice Winston Moore for a replacement to be named. It is unclear whether cultural and religious leaders are advising Cabinet on policy matters.
In the area of education and culture, the manifesto outlined plans that included the establishment of research programmes at the University of Guyana to study the causes of ethnic and racial tension and conflict in our society and make recommendations on how to address these. It is not clear if this has been done.
Under the heading of ‘social and economic disparities,’ the coalition listed the addressing issue of “ancestral lands” and land rights of the country’s indigenous people. Against this background, the government recently appointed a Commission of Inquiry (CoI) to address the issues but the National Toshaos Council and other Amerindian groups have objected, saying that they have not been consulted and rejecting the two issues being dealt with under one commission.
The government has nonetheless stood resolute behind its decision even as there is an ongoing debate in the National Assembly on a motion that seeks to have President David Granger’s appointment of the CoI revoked.
Meanwhile, for its part, to mark the second anniversary of the May 11th elections, the administration boasted of its achievements, in a newspaper advertisement, where, among other things, it highlighted its reduction of VAT; its aggressive defence of Guyana’s sovereignty; its delivery of increased salaries for public servants; its increase of the minimum wage by 38%; its award of 886 scholarships for Guyanese students; the passage of the telecoms bill; the allocation of $91.2 billion for education; the allocation of $61.5 billion for public health; the rebuilding of the Umana Yana; the introduction of the night court; the launching of the JOF Haynes law school; the launch of regional passport offices; and the completion of the state paper on the future of GuySuCo; and the presidency being made transparent and accountable.