Attorney General and Minister of Legal Affairs Anil Nandlall has castigated Deputy Speaker Lenox Shuman, labelling his criticisms of the Law Reform Commission’s composition as “without basis” and “unfounded”.
Nandlall made the statements during his weekly online talk show ‘Issues in the News’ and in response to a letter penned by Shuman and published by Stabroek News on December 6.
Shuman, in his letter, accused the government of being non-consultative, particularly with respect to the rights of indigenous peoples. With regards to the Law Reform Commission, the indigenous politician said that the government, particularly Nandlall, backpedalled on its commitment to involve the National Toshaos Council (NTC).
“…the NTC nominated a candidate who, from an Indigenous Peoples perspective, is eminently qualified for that and many other positions relating to Indigenous Peoples. When the nomination was made to the AG’s office, the candidate was removed from the list and replaced by another more pliable candidate of non-indigenous persuasion,” Shuman alleged in his letter.
He further stated that upon enquiring, Nandlall stated that the nominated candidate was always at odds with the governing party and the issue should be taken up with President Irfaan Ali. Shuman is still awaiting a meeting with the President.
On his show, Nandlall sought to outline the reasoning behind the initial inclusion and subsequent exclusion of the NTC from the Law Reform Commission.
He explained that the Law Reform Commission Act was passed by the APNU+AFC government and was heavily criticised by the PPP for affording the President the authority to unilaterally appoint members. When his party came into government in 2020, Nandlall said that steps were taken to amend the Act and the amendments were passed in the National Assembly and assented to by President Ali in February 2021.
The amendments catered for consultation with organizations representing religion, the legal profession, the trade union movement, the private sector and the rights commission. Additionally, the President was given the power to appoint two nominees.
The current Law Reform Commission was appointed back in July and includes retired Justice of Appeal B S Roy as its Chairman and members Teni Housty, Clarissa Riehl, Brian O’ Toole, Emily Dodson, Roopnarine Satram, and Deenawatie Panday.
Backtracking to when he first tabled amendments in the National Assembly, Nandlall explained that Shuman approached him and questioned the lack of indigenous representation on the Commission, to which he explained that no ethnic grouping is represented. However, after some back and forth Nandlall said that he acquiesced and the NTC was catered for.
“The government accepted that recommendation from Mr Shuman. On the floor when the government was debating this bill, I recognized Mr Shuman’s contribution to the bill…So how it is that this government is not consultative and how it is that the government is not committed to the development of our indigenous people when the government, upon Mr Shuman’s recommendation amended the law to allow indigenous participation in the Commission as the only ethnic group in this country?” Nandlall questioned.
In explaining why the NTC’s nominee did not make it on to the Commission, Nandlall said that with limited members and an umbrella of organisations to consult, it was common knowledge that not every nominee would make it. He added that the trade union and religious representatives were also excluded from the final list of members.
“It ought to be clear that you can’t get a nominee from each of the organizations that one has to consult because the organizations are a larger number than the nominees to be appointed on the Commission by the Minister who has to do the consultation, and I am the subject minister…all of the nominees were looked at and the persons most suitably qualified were selected by the Minister,” he explained.
Nandlall said he ensured that a wide cross-section was represented on the Commission.
“He takes great umbrage to that and attacks the government in the manner that he has done. It is not fair. The comment, the attack is unfounded and the criticisms are without basis,” he added.
The AG also lashed out at Shuman for claiming that he was told to take his grievance to the President.
“I never told Shuman any such thing. What I would have told Mr Shuman is that I am the minister and I have to consult with these organizations and select the best representation, in my opinion, from the various organizations that I have to consult. That the President has two nominees that he can appoint from (in) the exercise of his deliberate judgment. So it is free for the President to choose someone from the Amerindian community and the law provides that latitude to the President,” Nandlall explained.
Shuman, who is a former toshao and Deputy Chair of the NTC, is standing by his criticism of the government.
The Law Reform Commission is an advisory body to the State and can recommend to the Government of Guyana amendments to existing laws, new legislation, and the repeal of existing legislation.
