The Guyana Human Rights Association (GHRA) has welcomed a bill which seeks broad-based representation on the Law Reform Commission but has expressed concern at the proposed rules of selection.
The Law Reform Commission (Amendment) Bill was approved by Parliament, on February 12th . The Bill amended the selection procedure for members of the Commission by identifying, in addition to “organizations that appear to represent the legal profession”, the private sector, trade unions, and religious organizations and indigenous peoples for seats on the Commission. GHRA however says that the gains secured in the Amendment could be endangered by proposed rules of selection that will ‘frustrate the diversity and momentum being sought.’
The GHRA release noted that the amendment stated that members – from outside the legal profession – should have ten years of experience in ‘’banking, commerce or other fields’’. The latter criteria, GHRA suggests, seems arbitrary. The release also stated that there are no criteria for gender, age, or geographic balance. GHRA is of the view that rather than attempt to either resolve this in isolation for the Law Reform Commission, the Attorney General and Ministry of Governance might want to seize this opportunity to review the whole issue, particularly in light of the fact that similar challenges are down the road in relation to electoral and constitutional reform. GHRA suggested that specialized sub-committees, allowed for by the revised law provide potential channels to accommodate an ambitious programme of reform without the need to overload the commission itself.
In view of the provision for specialised sub-committees, the release listed three recommendations, which are, for the minister to determine the sectors to be allocated places on the commission taking into consideration the reform agenda (to be addressed by the commission) and the interest in those sectors in having a place on the commission. Secondly, put the onus on the designated sectors to devise and propose to the minister what a fair, efficient and time-bound selection process might look like. Thirdly, following ministerial approval of selection processes, each sector then implements its selection.
In addition to ensuring the process is inclusive within each sector, personal criteria applicable to all candidates should be devised, to ensure integrity, competence and willingness to devote the time required.
