According to a recent United Nations report on climate change, human activity is causing a dramatic degradation of the Earth’s land, thereby making global warming worse. Because of this, food supplies become more expensive, scarcer and less nutritious. Earth’s land masses, which accounts for only 30% of the globe, are warming twice as fast as the planet as a whole. The report further stated that ‘climate change already has worsened land degradation, caused deserts to grow, permafrost to thaw and made forests more vulnerable to drought, fire, pests and disease. Climate change has also added to the forces that have reduced the number of species on Earth’.
The report indicated that numerous studies have shown that that the high levels of carbon dioxide reduce protein and nutrients in many crops. Accordingly, it advocates dietary change by reducing red meat consumption and increasing plant-based foods, which can reduce emissions by 15 percent by 2050. Reducing food waste, which accounts for 25-30 percent of global food production, can also help fight climate change. (https://www.wate.com/news/business/un-climate-report-change-land-use-to-avoid-a-hungry-future/)
During the period 11-20 June 2019, the Greenland Ice Sheet (GIS) lost an estimated 80 billion tons of ice, an average of eight billion tons every 24 hours for ten days, which is a record warming event. Scientists attribute this occurrence to global climate change. The melting of GIS is now responsible for 25 percent of rising sea levels, compared with five percent in 1993. (https://www.yahoo.com/finance/news/ greenland-rapid-melting-hugely-underplayed-140005528.html)
And in Siberia, forest fires are raging, with some 20.5 million acres of forest destroyed for the year so far. The Siberian forests, which is larger than Australia, absorb up to 600 million tons of carbon dioxide every year, accounting for 25 percent of global absorption. (https://www.yahoo.com/finance/news/ russia-burning-climate-change-blame-165613888.htm)
In today’s article, we continue to follow developments in relation to preparations for national and regional elections, following the ruling of the Caribbean Court of Justice (CCJ) on the 21 December 2018 vote of no confidence in the Government.
Court hearing to stop the house-to-house registration of voters
Last Monday, the Chief Justice heard further arguments relating to judicial intervention sought by political commentator and Attorney-to-law, Christopher Ram, to stop the house-to-house registration of voters on the ground that the exercise is in violation of Articles 106 (6) and 106 (7) of the Constitution. Former Attorney General, Anil Nandlall, representing Mr. Ram contended that the exercise will collide with the three-month timeframe set by the Constitution and the CCJ ruling. He argued as follows:
If you are faced with a constitutional timeframe and you have one process you can go to, refresh the list by house-to-house or the other process to have a claims and objections….You have constitutional prerequisites, you have an order of court, you have a timeframe. Which one you are going to use? Which one GECOM should have adopted? Will you adopt the one that will run you on a collision course with the Constitution and the ruling of the apex court of the land or you will use one that will bring you into conformity with the Act? GECOM has chosen the one to put you on a collision course and this Court has a duty to stop it.…
Is this court going to consider itself being held at ransom by GECOM? The Constitution must await GECOM or is [it] the other way around?
Attorney General Basil Williams, however, insisted that house-to-house registration, which commenced on 20 July 2019, should continue since it is ‘the most doable mechanism to update the voters’ list in preparation for free, fair and credible general and regional elections’. In an affidavit filed on his behalf, the Attorney General stated that the CCJ did not ‘expressly or by implication’ order the Cabinet or the President to resign.
The Chief Justice is expected to make a ruling on Wednesday.
President’s response to Opposition Leader’s request
The Opposition Leader had written to the President requesting the immediate resignation of the Cabinet, the dissolution of Parliament and the announcement of the date for elections. In response, the President stated that the matters raised have been referred to the Attorney General. The Opposition Leader has since received a formal response from the President:
It is my considered opinion that the Caribbean Court of Justice did not issue orders that I should dissolve the National Assembly, fix a date for General and Regional Elections and that I should resign from the Office of the President’
I shall not, therefore, accede to your request.
The Opposition has, however, stated that it will not recognize the Government after 18 September, the end of the three-month deadline for holding elections following the CCJ ruling and issuance of consequential orders on the validity of the no confidence vote.
President’s meeting with GECOM
Last Thursday, the President met with the Guyana Elections Commission (GECOM) to discuss the Commission’s readiness for holding elections. The newly appointed Chair of GECOM, Justice (Ret’d) Claudette Singh, had earlier held separate meetings with the two groups of Commissioners to hear their arguments for and against the house-to-house registration of voters currently underway. A further meeting is scheduled for Thursday, the day after the Chief Justice is expected to rule on the judicial review sought by Mr. Ram.
The President stated that he would await the outcome of GECOM’s meeting and the Commission’s advice to him, after which he would have a clearer picture as to when elections should be held. The President indicated that he is very respectful of the role of the Commission; once he receives the advice, he will act on it; and he expects all Guyanese to respect the independent role of GECOM. He further stated that the Government ‘will accept any formula or any rule or any decision which satisfies the requirement of a credible election’.
Cabinet’s agreement of list of functions to be carried out by the Government
The Director-General within the Ministry of Presidency announced that the Cabinet has agreed to a list of functions that the Government would be carrying out as part of its caretaker role. These include:
(a) The Government will not embark on any undertaking considered controversial, such as new policy initiatives, programmes or projects, including the signing of new international agreements or embarking on new major infrastructural projects;
(b) The Government will only address matters that are urgent and of public interest. These include those relating to national security, the maintenance and rehabilitation of public infrastructure; the maintenance of public health delivery; housing and education systems, and other routine functions;
(c) The Government will continue to implement projects and programmes approved by Parliament with respect to signed contracts and for which work had commenced prior to the interim period. This is to avoid any complications—legal, financial or otherwise. In this regard, mechanisms have been put in place to ensure that any projects or programmes being carried out will not be difficult to reverse or change, if necessary;
(d) The Government will retain its full array of powers as executive, statutory and common law, and will consult with the Opposition as required by law, where necessary;
(e) Government Ministers will continue to exercise jurisdiction and responsibility for all Ministries, agencies and departments that fall within and under their portfolios;
(f) All public service rules remain in force and are applicable;
(g) Guyana Police Force and Guyana Defence Force are expected to continue to perform and execute their statutory duties and responsibilities by enforcing the law and lawful instructions received;
(h) The Government is empowered to ensure the welfare of all citizens; maintain law and order; manage and deliver public service; command the police and army; ensure peace and security and attend to routine functions of the administration;
(i) The President’s powers remain intact, subject to the above limitations. The President will, however, exercise restraint in all matters, expect in cases of urgency and public interest; and
(j) There will be no official business or visits to foreign nations, except in cases of emergency or public interest.
The Government stated that above actions are based on the internationally-accepted conventions relating to the roles and functions of interim governments.
In our first article after the 21 December 2018 no confidence, we had stated that the Government has to exercise extreme caution in how it utilises the budgetary allocations for 2019 to enable any new government to have enough financial resources to manage the affairs of the State for the rest of the fiscal year. In this regard, we had made the following suggestions:
(a) For current expenditure, the monthly allocations for Ministries/Departments/Regions should be not more than one-twelfth of their 2019 budgets. Constitutional agencies should, however, be given their allocations in the normal manner;
(b) No new capital expenditure projects should be initiated until after the elections. However, spill-over contracts, such as the East Coast Road Rehabilitation Programme and the Cheddi Jagan Airport Expansion Project should continue, and payments made in accordance with the agreed schedules;
(c) No new debts should be incurred until after elections. However, the repayment and servicing of existing debts continue in the usual manner; and
(d) No new agreements should be entered into in the first three months, which have the effect of binding the State.
President’s meeting with the Opposition Leader
Last Friday, the President met again with the Opposition Leader to discuss the current political situation and the holding of elections. The President maintained that GECOM has to advise him of its readiness before a date can be named for elections and that the Official List of Electors has to be credible. He is reported to have stated:
I made it clear that it is impossible if not impractical for me, even though in the final analysis I have to proclaim a date, I could not do so without the advice of the Elections Commission…Everything hangs on what we are told by the Chairman speaking on behalf of the Commission… [T]he meeting today with the Leader of the Opposition was important and beneficial. It helped to clarify issues which still exist within the two sides. There has been no agreement but greater clarity on the positions of the two sides.
The Opposition Leader, for his part, stated that the meeting was a good one but insisted that his party would like to see Parliament dissolved and elections held before 18 September. Asked by reporters about the possibility of returning to the National Assembly to approve of an extension of the deadline for holding elections, he stated that he wanted to keep his options open.
We have not made a decision on that because right now there is no date and there is no reasonableness on the part of the government… So, I want to keep an open mind on these issues, but I made it clear right now we are fast approaching a deadline of September 18, beyond which the Government then would be practising unconstitutional rule. In fact, the Government would be unconstitutional totally, period.
We await Wednesday’s ruling of the Chief Justice and the decision of GECOM on the way forward.
