Seventh Chancellor of the University of Guyana
One has the sense that there is a new air of optimism at large in Guyana. With the new resources, people seem to scent the prospects of a better life, even if there is still deep poverty and want inside the country. And there are continuing social problems and problems of inequality and inequity that remain to be addressed. Justice for women and children requires particular attention.
A youthful President is projecting energy and confidence. This is a good thing, but it must be matched by delivery of results, and here the evidence is mixed. Infrastructural development is moving apace, and Guyana is looked to for leadership in the Caribbean and the wider world. But the pace of things is frenetic and there are many signs of ad hoccery.
With its ethnic structure, so far Guyana’s political class seems to have opted for competitive party politics, with each of the two main parties believing that it can win a majority. A recent editorial in one of Guyana’s dailies argued for a ‘contractual approach’ to politics, with negotiations among the main parties and politicians. Whether a ‘contractual approach’ to politics is the wisest route for a multi-ethnic country is an issue that would merit examination. One could argue instead for ‘an inspirational approach’, guided by international norms of human rights and justice. Each of the two main parties, when it is in power, seems to favour the Presidential system of governance.
Politics is the art of the possible and if this is the choice of the political class then that’s the way it will be – at least for the time being. Neither of the two main parties seems to favour ‘power-sharing’. Wise counsel in the country has recommended returning from the Presidential system of governance to one of collective responsibility under a Prime Minister and Ministers. But the Constitutional Reform Commission, though established, has never met and change in this area is not for the foreseeable future.
One of the best discussions of justice available is Democratic Justice, a book by Yale Professor of Political Theory, Ian Shapiro. Shapiro argues that, in a democratic society, political parties present their principled visions to the electorate and justice is arbitrated through democratic elections and democratic governance. And decisions taken by one democratically-elected government can always be reversed by the next democratically-elected government. One is seeing this in Trumpian America. A question that needs to be asked in Guyana’s case is whether the main parties are offering the electorate principled visions or only manifestos for governance.
One has the impression that ‘the contractual approach,’ the approach of negotiations among the main parties, is where Guyana is pointing on its present trajectory. One would have to interrogate, though, whether there are actually substantive negotiations between the main parties or whether each engages in unilateral presentations. A functioning Parliament could foster and facilitate substantive exchanges and negotiations. But Parliament has barely been functioning in recent times.
It has been pointed out on several occasions that the Constitution of Guyana contains some visionary provisions that could well enrich the discourse on governance and on ethnic co-existence and harmony in the Dear Land. Unfortunately, neither of the main parties, nor Parliament, has so far sought to give life to these provisions. The South African constitution recognized the need to rectify past injustices from the apartheid regime and the Constitutional Court of South Africa has been giving dynamic interpretation to the provisions of the Constitution. Might one develop such a constitutional jurisprudence in Guyana?
A recent letter in the Stabroek News cogently argued that the varied experiences of Guyana’s different peoples should be taught in schools so that every child can have an opportunity to appreciate the lived experiences of her/ his sisters and brothers. A plural society such as Guyana has to work at nation-building. It is a question for urgent research and consideration whether, and how, the constitutional structure of Guyana could reflect the diverse history of its founding peoples.
Against this background, and as Guyana approaches elections in 2025, there are seven fundamental policy issues facing it and the main political parties vying for power. The first is the integrity of the national territory. It has been established that whereas, before the filing of Guyana’s case before the International Court of Justice, there existed a controversy over Venezuela’s claim, this has now been turned by the ICJ into a legal dispute over the border between Guyana and Venezuela. And the ICJ has taken jurisdiction to demarcate the border, if it considers that this needs to be done. This is a clear and present danger to the nation’s territorial integrity
Parliament has not looked into how this came about and needs to do so urgently. Government and the leading political parties need to urgently assess whether Guyana is on the right course on this issue, or whether, while pursuing the case before the ICJ, Guyana should pursue a parallel diplomatic track. Might one of the major powers friendly to both countries be persuaded to intercede on this issue to confirm the existing border? Guyana and its President now have greater clout on the international stage and should draw on this diplomatic clout.
Second, there is the issue of the defence of the national territory. This period has been characterised as the era of total war, when countries are willing to engage in military aggression against their neighbours. The Maduro Government in Venezuela is widely believed to have rigged the last national elections. It has international friends that are known to favour military solutions to border disputes. It is not to be excluded that it could opt for such a course when it comes to the border with Guyana.
The current Government apparently thinks that the USA will come to Guyana’s defence in such a situation. This might be so. But what if it does not, with its global responsibilities and the ramping up of the rivalry with China? Has Guyana done enough to defend itself, if need be? Does Guyana urgently need a Ministry of Defence, led by a capable Minister, to ramp up its defence capabilities?
Commenting on an essay by this author, the Stabroek News suggested in an Editorial the establishment of a Department of Defence in the Office of the Presidency. That would be a step forward. But we would still argue for a Ministry of Defence headed by a Minister with political authority and clout. The principal task of such a Ministry/Minister would be to build up the deterrent capabilities of Guyana, using the latest scientific and technological developments. One reads that France is providing technical advice on security to the Government.
Third, there is the issue of constitutional structure. Wise commentators have pointed out that the Presidency in Guyana is overloaded with executive powers and have called for urgent reform on this matter so as to return the Presidency to a symbolic role as Head of State.
We have shown in an essay in the Stabroek News on this topic how this could be done through specific amendments to the existing constitution so as to return to a system of representative democracy. This is not an issue of power-sharing. It is a matter of returning to collective responsibility in governance: returning to the role of Ministerial governance under the leadership of the Prime Minister.
Related to the issue of the structure of governance is the fourth issue concerning the functioning of Parliament and Parliamentary supervisory bodies, such as Parliamentary oversight committees. With an all-powerful Presidency, Parliament has not been
functioning as a deliberative body over the major issues facing the nation, and Parliamentary oversight bodies need to be re-invested with authority and clout. That would be in the interest of the nation.
The return to a Ministerial/Prime Ministerial system of governance under the supervision of the Courts could help on this issue. One should be ready to resort to the Courts if Parliament and its supervisory entities are not functioning in accordance with their mandate. And the Courts should be ready to entertain such applications. This is already entrenched in Indian Constitutionalism and in South African Constitutionalism.
Within the overarching framework of democratic justice, the Judiciary in Guyana could play a leading role in the consolidation and the maintenance of democracy. In my book on the Guyana Court of Appeal, then the highest court in Guyana, I marshalled evidence from great Chancellors such as J.O. F. Haynes on how the Judiciary could perform a dynamic function and help shape Guyana.
The fifth issue is a crucial philosophical and practical one. With four major ethnic groups in the country being targeted at national and local elections, the two major parties have so far both opted for a system of competitive, party-based struggles for power, with all the implications of this – including the ever- present danger of a descent to violence. Is this wise for the country?
And how might one attenuate the phenomenon of de facto ethnic-based parties operating, in effect, along tight, guided, internal structures – if not in policies? Is Guyana condemned to the curse of race-based parties? There is need for fresh thinking here. But this will not come from the two main parties with their entrenched leaders locked in perennial fights for ascendancy. Could a broad-based civil society Forum on governance help come up with ideas?
The sixth issue concerns respect for human, women’s, indigenous, and minority rights in Guyana. Guyana’s challenges on human rights issues seen in recent engagements at the United Nations and the OAS have shown quite clearly that there is urgent need for broad-based policy dialogues on human rights matters at all levels of society in Guyana.
But governments, of different parties, have had a tendency of viewing human rights debates as marginal. This is a mistake and Guyana needs to change course on this matter. Governance in Guyana should be human rights-based. Human rights strategies of governance can help foster a sense of justice in an ethnically diverse population. On paper, Guyana has five human rights related commissions, but the overarching National Human Rights Commission has never been established. There is urgent need in Parliament for a debate on this matter with a view to setting a human rights course for the future.
Many countries, such as Brazil, Indonesia, and Pakistan, have established a Ministry of Human Rights, headed by a dedicated Minister of Human Rights. In Guyana, human rights matters are handled by the Minister of Parliamentary Affairs and Governance who has intense political functions. There is an inherent clash of interests here: being the principal governance strategist for the Government while simultaneously being the spokesperson of the Government on human rights matters. Guyana would be better served by an independent Ministry of Human Rights. It can learn from neighbouring Brazil on this matter.
A Ministry of Human Rights would help Guyana deal with an issue of increasing importance, namely the large numbers of refugees and migrants now in Guyana. They can be expected to grow in numbers as people flee oppression or are attracted to economic opportunities in Guyana. There are important policy issues to be addressed here: First, refugees and migrants must be treated with dignity and respect for their fundamental human rights. Second, their integration into the society must take into account the interests of the host Guyanese population. Third, there needs to be a vision of the future development of Guyana in its resplendent diversity.
Seventh, there is the issue of Guyanese foreign policy – at the United Nations, in CARICOM, and in other regional and international fora. One is not aware of a recent policy statement of Guyanese foreign policy presented to, and debated in Parliament. This is an urgent matter of national security. Regular presentations to Parliament on Guyanese Foreign Policy, and debates on such statements would help embed Guyana’s foreign policy in Parliament and the people, and contribute to elevating the quality of governance in Guyana.
Attention to these seven policy issues could help steer Guyana towards new courses of action along its quest for nation-building on the foundations of justice and equity – and capitalising on the opportunities provided by its newly-found resources and its increasingly diverse population. The establishment of a Ministry of Human Rights would help in dealing with these and related issues.