POLITICS-GUYANA: Progress on Constitutional Reform

By IPS Correspondents Reprint | | Print |

Bert Wilkinson

GEORGETOWN, Jul 8 1999 (IPS) - It started back in 1997, but was thrown off the front burner as preparations for general elections gripped the country and, eventually, in the aftermath of civil unrest that stemmed from opposition questions about the fairness of the polls.

But with the full backing and participation of civil society this time, the latest national effort to rewrite the country’s controversial 1980 constitution is underway and there is every indication that the 65- member house could begin discussing it in about six weeks.

The parliamentary-appointed Constitutional Reform Commission (CRC) has spent several months taking written and oral evidence from nearly every section of the society and has sent teams deep into the heavily- forested interior to listen to the views of nationals on what the new document should contain.

One reason why almost everyone wants a new constitution has to do with opposition dislike for American-born President Janet Jagan.

Mrs Jagan, 78 who came here in 1943 after marrying late President Cheddi Jagan in 1943, was chosen as the candidate of the governing People’s Progressive Party (PPP) in 1997, nine months after the death of her husband at a US hospital.

The 1980 constitution, ironically written by the main opposition People’s National Congress (PNC) when it was in government in the 1980s, left a gaping loophole that allows anyone with Guyanese citizenship, whether the person is born here or not, to run and become the head of state of this former British colony.

Now the PNC is among those clamouring for changes.

Hurt by Mrs Jagan’s win, the protest surrounding questions about the fairness of the poll spilled over into calls for the Jewish- American president to step down, calls the party that she helped found in early 1950 have stoutly rejected.

And worried about the country sinking into the depths of possible civil war after the December 1997 elections, Caribbean Community leaders sent an emergency team to work out a peace accord between the PNC, drawing its support mainly from the Afro population and the PPP, picking its power base from the East Indian community.

One of the tenets of the accord signed in January 1998 was the holding of elections in 2001, nearly two years ahead of schedule and the writing of a new constitution that would cater for some form of power sharing and one that reduces the vast powers of a head of state.

So far, the commission has heard from dozens of groups, including the Guyana Defence Force, churches, indigenous organisations and individuals.

It is now examining submissions; dividing them into recommendations that were made by a majority of persons and going through them point by point.

This is in the context of a recent threat from opposition leader Desmond Hoyte that his party would take to the streets if it is convinced that the PPP or any organisation sympathetic to it, does anything to stall the process.

So far nothing is in the way and CRC Chairman Ralph Ramkarran and other officials are even hopeful that everything will be completed in time.

“There is a likelihood that the recommendations will be submitted by the July 17 deadline and in the event of the writing of the report not being completed, commissioners are likely to seek a parliamentary extension to complete that aspect of the process,” said commission spokesman Nills Campbell.

Later this week the commission will look at recommendations about the presidency and the extensive powers that come with the land’s highest office as contained in the 1980 constitution.

That document was a rewrite on the 1966 independence constitution originally penned by the British colonial government.

Guyana’s head of state cannot be held legally accountable for either criminal or civil offenses committed during and after office, a fact that has irked large sections of the society.

Even the PPP has suggested that criminal prosecution be available to the public, but there should be some form of protection for the president to shield the office from trivial lawsuits, officials say.

To indicate their concern about the country’s partisan and racial political climate, civil society representatives have recommended that the head of state revert to titular responsibilities as was the case before and that most of the executive powers be vested in the prime minister and cabinet.

The prime ministership is the second most powerful political position in the country, but neither of the two major parties is expected to back this submission judging from the lukewarm reception the recommendation got at CRC meetings.

One popular constitutional reference that is unanimously likely to get the green light is the deletion of reference to Guyana as a country in transition from capitalism to socialism.

Also popular across all lines are proposals for the dropping of the words “Cooperative Republic” from the country’s official name.

“It is a good idea that the constitution is being changed,” says retailer S.K Singh. “It is part of the reason for our problems in Guyana, but they also have to do something about racial hatred.”