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Thursday, July 22, 2004

 

Local Democracy in Guyana

- Government committed to timely local government elections

 

Georgetown , GINA, July 22, 2004

A GINA Feature by Rekha Budhna

Government has been working assiduously for the last few years to accelerate the process for the holding of Local Government elections in the country. Citizens have been awaiting the elections for approximately seven years. The exercise sees the election of new Councillors to the Neighbourhood Democratic Councils (NDCs) and Municipalities countrywide.

Local Government organs

The Regions are governed by Regional Democratic Councils, for which elections for councillors are held simultaneously with National elections. The Regions are further divided into NDCs which are responsible for specified areas. Elections for NDC councillors are held separately from the National Elections. The structure caters for a Chairman, and 12 – 18 councillors, depending on the size of the council.

Overall there are 65 NDCs nationally and this number might be increased when changes to the current Local Government system are implemented. Their authority would extend only to their boundaries. NDCs are responsible for dealing with problems and effect developmental projects within their jurisdiction.

Task Force on Local Government Reform

A Joint Task Force comprising members of the People's Progressive Party/Civic (PPP/C) and the People's National Congress Reform (PNCR) was established in 2001 to deal with the affairs of the Local Government Reform process. This came out of the dialogue between President Bharrat Jagdeo and the Leader of the Opposition the late Desmond Hoyte.

The Task Force was set up to undertake the responsibility of implementing the provisions of the Local Government Reform Legislation. The time frame allowed for this process was 12 months to facilitate the holding of Local Government elections speedily. This timeline, however, was further extended for the Task Force to complete its work.

The terms of reference of the Task Force are as follows:

The Task Force is co-chaired by the Minister within the Ministry of Local Government and Regional Development Clinton Collymore and PNCR Representative Vincent Alexander.

The Task Force was mandated to hold consultations in the various Regions countrywide to canvas the views of residents. Approximately 31 consultations were held and the Task Force was able to gather recommendations from residents on making the governing process more efficient at the local level. The consultations were held from November 16 to 28, 2001 and the areas the Task Force visited included Mabaruma, Charity, Santa Mission, Paradise, and Fort Wellington . The residents of the areas voiced their concerns and suggested changes.

The Task Force has been addressing two key areas of expertise: the garnering of resources so various local government organs may be advised on how to widen their revenue base; and receive advice on the electoral system to be used.

To look into issues and fast track matters, the Task Force held a special retreat from February 5 to 8, 2002 .

 

Recommendations by specialists

The National Democratic Institute (NDI) provided assistance to the Task Force through several experts. NDI provided the services of Dr. Benjamin Reilly who submitted five options to the Task Force. They are:

Option One: Independents and groups as well as parties contesting local government elections, could be treated as political parties for the purpose of the Act. Thus should an individual gain enough votes to be entitled to more than one seat, he could name someone to take up the extra seat or seats.

Option Two: An open list or proportional representation. Candidates' names including those of independents (or individuals) will appear on the ballot paper. Voters vote for a party, or a candidate on the list or both party and candidate.

Option 6: This system specifically excludes any political party from contesting the elections. The constitution stipulates that Local Government elections are to be contested by groups, individuals and parties. Political parties have always contested local government elections and to exclude them would not be viable, as it will go against Guyana 's constitution.

The options that were considered are:

Option 3: A Singly non-transferable vote. All candidates are listed on the ballot paper. Those with the highest vote totals are declared elected. For a 12 seat council those elected are candidates who have the 12 highest votes. This system makes no distinction between candidates who are independents, or who are from a group, or those representing parties.

Option 4: A ward or constituency system. One candidate or several candidates will contest a single seat in a constituency or ward. A council with 12 seats would have 12 constituencies or wards.

Option 5: this is mixed system: some councillors would be elected by proportional representation and some by the constituency or ward system. Where the proportional principle is concerned, seats are allocated in proportion to votes cast. Where the representational principle is concerned, voters have a specific councilor who can be held accountable.

Mr. Keith Messiah, a former Attorney-General, Chancellor of the Judiciary and practicing Judge in the High Court, was retained as the draftsman.

At meetings of the Task Force, proposals were made by the members as to what form the electoral system should take. It was finally decided that it should consist of a mixture of proportional representation and constituency. However, there was no agreement on the proportionality between the two systems.

The most recent electoral expert Dr. Kare Vollan who came from Denmark under the aegis of the National Democratic Institute, met with various stakeholders including His Excellency President Bharrat Jagdeo, the Head of the Presidential Secretariat Dr. Roger Luncheon, the Leader of the Opposition Robert Corbin and the Joint Task Force.

The expert submitted three options, which are currently being considered by the PPP/C and the PNCR. These are:

 

Local Government elections

Since 1994, elections for new members in the local democratic organs were put off due to several reasons, including post-elections violence in 1997 and 2001. The elections were postponed for 1998 which was affected by street protests and strikes. In 2000 the elections were again postponed due to the close proximity to general elections. The local government elections in 1990 were the first since 1970.

It should be noted that between 1970 and 1993, no Local Government elections were held: The new PPP-Civic administration held these elections in 1994. This, therefore represents a gap of nearly 24 years between elections. This represents a period when the various communities had very little say in Local Government matters.

Note should also be made of the absence in Guyana of Village Councils. These were dissolved in 1990 by the previous administration, the PNC, to make way for the Neighbourhood Democratic Councils. The Constitution now instructs that Village Councils should be restored and that a further organ to be called the “Community Council” should also be established.

Some villagers requested that individuals be allowed to contest the local government elections. At the moment, only political parties and civic groups are allowed to participate. The new legislation will make provision for individuals to contest the elections.

The need for proper accounting was emphasized and the new legislation will make provision for someone from the Auditor General's office or the Ministry of Local Government and Regional Development to supervise the operation of NDCs. 

Constitutional amendments

Sections of the Constitution were amended in order to allow more autonomy to the Local Government.

Article 71 – (1) Local Government is a vital aspect of democracy and shall be organized so as to involve as many people as possible in the task of managing and developing the communities in which they live.

Article 72 – (3) Municipalities, Neighbourhood Democratic Councils and such other sub-divisions shall be provided for under paragraph (1) including Village and Community Councils, where there is the need for such Councils and where the people request their establishment, shall be vital organs of local democratic power.

Article 73A – Each local democratic organ shall elect one of its councilors to serve as a member of the local democratic organ immediately above the first mentioned local democratic organ and Parliament shall prescribe the procedure for such election and such other matters as may be necessary in connection therewith.

Article 74 (3) It shall be the duty of local democratic organs to maintain and protect public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order, consolidate the rule of law and safeguard the rights of citizens.

Article 75 – Parliament shall provide that local democratic organs shall be autonomous and take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.

Article 77A – Parliament shall by law provide for the formulation and implementation of objective criteria for the allocation of resources to, and the garnering of resources by local democratic organs.

Article 78A – Parliament shall establish a Local Government Commission, the composition and rules of which empower the Commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.

Article 78B – the electoral system in respect of local democratic organs below the Regional Democratic Councils shall provide for the involvement and representation of individuals and voluntary groups in addition to political parties and accountability to the electors.

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