Declaring that it won’t be silenced, civil society group Article 13 yesterday registered strong disappointment over the government “rushing” the Natural Resource Fund (NRF) bill through Parliament and it also asserted that President Irfaan Ali has to be held accountable for the growing number of “constitutional violations of omissions and commission”.
Formed last year, Article 13 said in a statement it “considers it a duty to register, in the strongest possible terms, our disappointment at the undue haste with which the Government rushed through Parliament the Natural Resource Fund Act which opens the door for misuse and without regard for the Santiago Principles which set out the basic tenets of such Funds. We consider it a salutary lesson that Kazakhstan, whose model of Sovereign Wealth Fund was being considered as a potential influence for Guyana’s, is now experiencing unprecedented disturbances, loss of lives, looting of private property, destruction of public property, and orders by the President to domestic and invited Russian troops to shoot to kill protesters without warning”.
The group also attacked the opposition APNU+AFC for its attempt in Parliament on December 29 to prevent the reading and passage of the bill and it also criticised the conduct of Speaker, Manzoor Nadir.
“We would be equally remiss if we did not denounce the unacceptable, unparliamentary conduct of the opposition in the National Assembly over their understandable disfavour of the content of the Natural Resource Fund Act, the autocratic manner in which the Government forced its passage, facilitated by an increasingly partisan Speaker whose suitability for that post must now be a matter of national concern. Those issues notwithstanding, all Members of that important arm of the State must respect its sanctity while employing all available official and legal channels to make their case. Their legitimacy, conduct and appeal are not independent variables”, the group said.
Article 13 also defended itself from attacks by critics and supporters of the government who have queried whether it has a constituency.
“Founded a mere months ago, our group which takes its name and inspiration from the country’s Constitution, is being attacked and discounted because `it has no electoral constituency’. That is not only unfortunate: it is mischievous and ignorant. As an organisation, we will not be silenced. Nor will we give up our right to participate in the affairs of the country – a right recently affirmed by the Caribbean Court of Justice in the Ogle Airport case. Justice (Peter) Jamadar, in endorsing the main judgment of the Court, placed the duty of the Government to consult and the right of society to be consulted in `the context of Guyanese constitutionalism.’ Even in the narrow case of operators at the airport, Justice Jamadar posited that those operators `have a right to consultation on this matter, and the State a concomitant duty to engage them in this process.’”
Article 13, which numbers commentators Christopher Ram and Yog Mahadeo among its members, said that it is time that this Administration respect those rights not only as a legal construct but as one of good governance.
“Civil society organisations play a pivotal role in good governance, linking governments with the people, thereby enhancing the quality of decisions and decision-making. While a single election may grant power to a political group for the administration of the State, such power has to be exercised within the parameters of the law, of which the Constitution is supreme”, Article 13 contended.
It said that in rejecting the recommendations and calls of the parliamentary opposition and civil society to be consulted on some of the biggest issues of the day, the PPP/C Administration is rejecting a core concept of our Constitution and of democracy.
“Guyana’s sovereignty belongs to the people, not to any political party. Guyana’s wealth too, belongs to the people, not to any political party. We elect governments to manage the country’s resources in the interest of both current and succeeding generations. When the Government fails to act in accordance with that mandate, the fundamental trust and confidence that hold our society together are at best strained, and at worst, rendered asunder’, Article 13 said.
As a civil society organisation, it said it would be failing in its duty if it does not speak up when the country’s politicians act outside of the letter and spirt of the Constitution.
“In the short space of seventeen months, the Ali Administration is chalking up a formidable list of constitutional violations of omissions and commission. What makes those violations worse is the Administration’s cavalier disregard of legitimate calls for it to avoid such conduct. We remind the President that his Party did not take an Oath to uphold the Constitution – he did. The violations then are his, not his Party’s”, Article 13 declared.
The group called again on President Ali to use his “immense powers” to see that the organs of the Constitution are established in the shortest possible time.
“With a new Chief Election Officer in place, we look forward to Local Government Elections in 2022 and to reforms that will strengthen our democracy, improve our Constitution and make our elections something of which we can all be proud”, Article 13 stated.
It noted that in the next decade, Guyana faces unprecedented challenges including climate change which could result in loss of life and livelihood.
“Not only Guyana, but the world is at a pivot point facing a systems failure in our economic, energy and the environmental models. At this critical time, Article 13 will continue to challenge the Government to demonstrate accountability and to ensure that the voices and concerns of the Guyanese people are heard. Just as the Constitution requires”, the group said.
