The Guyana Trades Union Congress (GTUC) has called for political cooperation to set parameters for governance in the current aftermath of the passage of the opposition-sponsored no-confidence motion against the government.
In a statement issued yesterday, the labour organisation noted reports that the APNU+AFC government has established modalities on how it will function in the post no-confidence environment.
It said this is consistent with the July 12th written ruling of the Caribbean Court of Justice (CCJ), which declared that government has a “caretaker” status as a result of the passage of the motion on December 21st, last year. “While this effort to set parameters for government in this period is encouraging, we await a consensus from both Government and the Opposition, for it is clear by now to all that consensus is difficult for both parties to agree to,” the GTUC, however, said.
Following the ruling by the CCJ, President David Granger said last month that his government has accepted its “interim” status and will not pass a budget and will conform to the “half a dozen” international conventions that govern such a position.
“There is nothing in the Constitution which defines interim status but in the jurisdictions which adhere to the Westminster system such as Canada, Australia and other countries, we have consulted with the laws and interim government means that we do not, for example, pass a budget,” Granger said last month on the Ministry of the Presidency’s Public Interest programme.
The president also explained that there are about half a dozen conventions with which they have to comply to ensure that government restrains expenditure and restrains its actions, but he emphasised that it doesn’t mean government is out of office or ceases to function.
The GTUC noted that while the government is demonstrating it is prepared to govern, albeit with limitations, the opposition seems opposed to the least action taken by government. “Regardless of our views, and which side of the divide we support, we must recognise that government has to function. The business of governing Guyana cannot be placed at a standstill,” the GTUC, however, argued, while calling on both sides to establish a common position on the issue of resignation.
The GTUC acknowledged that this remains a matter of contention for the opposition as a result of the provisions of Article 106 (6).
Article 106 (6) of the Constitution says Cabinet, including the President, shall resign if the government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.
Article 106 (7) adds that notwithstanding its defeat, the government shall remain in office “and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the elections.”
According to the GTUC, President Granger’s declaring that he will not resign does not help to bring resolution to the standoff. It added that Opposition Leader Bharrat Jagdeo also has a responsibility to help Guyana out of this crisis and not just be concentrated on political mileage.
“…one expects a clear and definitive position or layout on how a resigned President and ministers are legally and constitutionally sworn in immediately after resignation to continue functioning in keeping with Article 106 (7). The latter concern is seen in a context where the President is aided in day-to-day functioning by ministers who make up the government, and for government to function the President and his supporting ministers must be constitutionally sworn in,” it said.
“Whereas we understand the dictates of Article 106(7) that government will continue to function, given the reality of a resignation, the pertinent question must be the restoration of said resigned members of the Executive who have a responsibility for governance until a new President is elected. None of the courts was asked to
deliberate specifically on the means by which the resigned president and ministers will be returned to function legally and constitutionally in order to realise Article 106(7),” it added.
The GTUC noted that both parties must eschew the mentality of “sticking to their guns,” while noting that there seems to be more grandstanding in the media than engagement in good faith.
The GTUC further said that the rule of law still remains the best guideline and recourse in navigating through the testy period. “If our politicians cannot do it then we the people must provide credible leadership from different quarters to bring them to the table of reasoning,” it added.
