Joint Communique between President Bharrat Jagdeo and PNCR
Leader Mr. Robert Corbin
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Mr. Bharrat Jagdeo, President of the Republic
of Guyana, and Mr. Robert Corbin, MP, Leader of the People’s
National Congress Reform and Leader of the Opposition, met
on Friday 2nd and Monday 5th May 2003 at the Office of the
President to discuss and resolve a number of issues of national
importance. The discussions were held in an atmosphere of
seriousness, born of their recognition of the need for their
determined commitment to find solutions that are in the interest
of all of the people of Guyana. They accepted the challenge
for the immediate resolution of these issues, which go to
the heart of Guyana’s socio-economic and political development
and made a firm commitment to the timetable for the expeditious
implementation of agreed solutions. They concluded that an
on-going approach, based on their ‘Constructive Engagement’,
would be beneficial for the long-term social, economic and
political development of Guyana.
1. Parliamentary and Constitutional
Reforms.
President Jagdeo and the Leader of the Opposition, Mr Corbin
concluded that the implementation of agreed parliamentary
and constitutional reform is vital for the strengthening of
the institutions necessary for a functioning democracy and
the creation of conditions for peace, development and economic
growth.
1.1. The Appointment of the Seven
New Standing Committees of the National Assembly.
They recognised that the appointment of the seven (7) new
Standing Committees of the National Assembly will mark a historic
step in the evolution of Parliamentary Democracy and inclusivity
in Guyana. The National Assembly will now have, apart from
the existing five (5) Sessional Select Committees, including
the Public Accounts Committee, a total of twelve (12) functioning
committees. Therefore, Members of Parliament will now be required
to undertake, outside of the Sittings of the National Assembly,
a substantially increased volume of on-going work in the Committees
of the National Assembly. These should enhance the environment
for the improvement of the scope and quality of governance
1.1.1. The Parliamentary Management
Committee.
They agreed to the composition and appointment of the Parliamentary
Management Committee, in accordance with Section 3(h) of the
St Lucia Statement of 1998 July 2. Accordingly, they took
note of the fact that the Motion for the establishment of
the Parliamentary Management Committee was debated and approved
by the National Assembly at its sitting on Friday 2003 May
2 (Att. 1).
1.1.2. The Four Sector Committees.
In accordance with Article 119B of the Constitution, President
Jagdeo and the Leader of the Opposition, Mr. Corbin agreed
to the composition of each Sector Committee would be 4 PPP/C
and 3 Opposition representatives with each side allowed the
appointment of one (1) Alternate for each Committee who would
be able to attend meetings of the Committee in place of a
primary representative. They also agreed the immediate appointment
of the Sector Committees to be responsible for Natural Resources,
Economic Services, Foreign Relations and Social Services and
that the Chairpersons of the Committees would alternate annually
with two (2) Committees each to be chaired by the PPP/C and
the PNCR, respectively. In addition, they approved the Terms
of Reference and the Allocation of Gazetted Ministerial Responsibilities
between the four Committees and agreed that a Motion should
be prepared immediately for inclusion on the Order Paper within
two weeks from today’s date for the approval by the
National Assembly (Att. 2,3).
1.1.3. The Appointive Committee.
In accordance with Article 119C of the Constitution, President
Jagdeo and the Leader of the Opposition, Mr. Corbin agreed
to the composition and appointment of the “Standing
Committee to address matters relating to appointment of members
of Commissions established under the Constitution”.
They approved the terms of the Motion setting out the modalities
for enabling this Committee to discharge its functions as
mandated by Article 119C. They also agreed that the Motion
would be placed on the Order Paper for the Thursday2003 May
8 Sitting of the National Assembly for approval (Att. 4).
1.1.4. The Constitutional Reform
Committee.
The President and the Leader of the Opposition agreed to the
composition and appointment of the Constitutional Reform Committee,
in accordance with Article 119A of the Constitution. Each
Party has submitted the names of its representatives for this
Committee. They recognized the importance of this Committee
for keeping the constitution under on-going review and reform
to strengthen and deepen the democratic process.
1.1.5. The Strengthening of the Capacity
of the Parliament Office to Service the Committees and the
Assembly as a Whole:
President Jagdeo reaffirmed his Government’s commitment
to immediately providing the necessary financial, human and
other resources, within the capacity of the National Treasury,
for the effective functioning of the National Assembly.
1.1.5.1. Increasing the Administrative
Capacity of the Parliament Office.
The President and the Leader of the Opposition both accepted
that the appointment of the seven new Standing Committees,
to function alongside the existing five Sessional Select Committees,
together with the strengthening of the functioning of the
National Assembly through the appointment of the Parliamentary
Management Committee, will require increased budgetary resources
in 2003 to meet the operational and other needs of the National
Assembly. The President undertook to ensure that such resources
are provided in a timely manner to underwrite the smooth and
effective functioning of the National Assembly.
President Jagdeo and the Leader of the Opposition,
Mr. Corbin, also noted the initiatives already taken to ensure
that the administrative capacity of the Parliament Office
is adequately strengthened. This is evidenced by the following
documents which the Speaker made available to the Opposition:
1).By letter dated 2003 March 28, entitled: “Reorganisation
of Parliament Office”; and
2).By letter dated 2003 April 1, entitled: “Activation
of Commissions, Standing Committees, etc.”
They also agreed that, as a matter of priority,
the Parliamentary Management Committee will undertake the
on-going review of the capacity of the Parliament Office to
discharge its functional responsibilities to the National
Assembly.
1.1.5.2. The Provision of Research
and Documentation Support for the Work of the Committees.
The President and the Leader of the Opposition agreed that
the Parliament Office would provide adequate professionally
qualified, experienced and competent Research and Documentation
staff support as essential needs to facilitate the effective
functioning of all of the National Assembly Committees. This
would include the early appointment of a Research Coordinator
supported initially by two professional researchers qualified
in disciplines to be determined by the Parliamentary Management
Committee. In addition, a bank of at least 6 computers connected
to the internet would be urgently procured and installed and
made available, on an “open access” basis, for
MPs to conduct “searches” during and after normal
office hours.
They also agreed that these arrangements would be kept under
on-going review by the Parliamentary Management Committee.
1.1.5.3. Remuneration of MPs and
Administrative and Logistical Support for Regional MPs:
President Jagdeo and the Leader of the Opposition, Mr. Corbin,
recognising the increased workload now required of Members
of Parliament, agreed that this matter would receive urgent
attention and resolution.
1.1.5.4. Physical Facilities within
the Public Building:
The President and the Leader of the Opposition accepted the
need to enhance the physical facilities available at the National
Assembly to support the work of the Committees and the Assembly
as a whole. In that context, they noted that the Speaker had
already taken the initiative to identify some of the possible
options for the enhancement of the facilities of the National
Assembly.
They agreed that the proposals from the Speaker
should be submitted to the Parliamentary Management Committee
for urgent consideration and recommendation.
1.2. The Appointment of the Constitutional
Commissions:
President Jagdeo and Mr Corbin, Leader of the Opposition,
noted that the members of the Ethnic Relations Commission
had already been sworn in.
They also agreed that immediate steps are being taken to have
all of the outstanding Constitutional Commissions appointed
including the Service Commissions, the Public Procurement
Commission, the Human Rights Commission, the Commissions for
Women and Gender Equity, for the Indigenous Peoples and for
the Rights of the Child.
Those steps include the election of the Leader of the Opposition,
the tabling of the Motion identifying the modalities for the
discharge of the functions of the Appointive Committee and
the tabling, within the next two (2) months, of the Fundamental
Rights Bill after consultation with the religious community
for approval by the National Assembly.
It was also agreed that the Government should take steps,
in accordance with Article 212 I, to establish the Human Rights
Commission Secretariat that “shall be the Secretariat
for all the Commissions established under Article 212 G (1)”.
1.2.1. Establishment of the Ethnic
Relations Commission:
President Bharrat Jagdeo and the Leader of the Opposition,
noted that the establishment of the Ethnic Relations Commission
provides a national institutional mechanism to address concerns
about racial discrimination and ethnic insecurity that should
help to create the necessary conditions for harmonious relations
among all of our peoples and remove a major factor that contribute
to instability and tension. They agreed that the work of the
Commission must at all times be impartial, professional, sensitive
and conducted in the interest of the nation as a whole.
They also agreed that the Parties would work to facilitate
the appointment of the Ethnic Relations Tribunal and the Secretariat
for the Ethnic Relations Commission as required by , article
212 B (5) of the Constitution, within the next two(2) months.
It was reaffirmed that, as soon as the Commissions for Human
Rights, Women and Gender Equity, the Indigenous Peoples and
the Rights of the Child are appointed, a Nominee, without
the right to vote, from each of them will be appointed to
the Ethnic Relations Commission.
1.2.2. The Appointment of the Public Procurement Commission:
President Bharrat Jagdeo and the Leader of the Opposition,
Mr. Corbin discussed the need for the transparent and efficient
conduct of public procurement of goods and services by the
State. They agreed that every effort should be made to expedite
the early appointment of the Public Procurement Commission
since its effective functioning will have a beneficial effect
on the efficacy and control of expenditure management for
the state.
The President and the Leader of the Opposition, Mr. Corbin,
confirmed that, in accordance with Article 212X (1) of the
Constitution, “The Public Procurement Commission shall
consist of five members who shall have expertise and experience
in procurement, legal, financial and administrative matters.”
Article 212X (2) mandates that, “The President shall
appoint the members of the Commission after such members have
been nominated by the Public Accounts Committee and approved
by not less than two-thirds of the elected members of the
National Assembly.”
They agreed that both Parties would submit their list of persons
who are eligible and qualified to the Public Accounts Committee
for nomination by Friday 2003 May 16.
The Procurement Act 2002 (Act No. 6 of 2002), which was assented
to on 2002 June 28, will be amended shortly. The amended Act
will be submitted for scrutiny and review by the Public Procurement
Commission when it is appointed.
1.2.3. Appointment of the Chairperson
for the Human Rights Commission:
President Bharrat Jagdeo and the Leader of the Opposition,
Mr. Corbin, agreed that since the election of the Leader of
the Opposition had taken place, the process for the appointment
of the Chairperson of the Human Rights Commission could now
be urgently completed.
1.2.4. The Appointment of the Commissions
for Women and Gender Equity, Indigenous Peoples and the Rights
of the Child:
President Bharrat Jagdeo and the Leader of the Opposition,
Mr. Corbin, in recognition that the nomination and appointment
of Commissioners for the Commissions for Women and Gender
Equity, the Indigenous Peoples and the Rights of the Child.
require the National Assembly to agree a Consensual Mechanism,
agreed the text for the Consensual Mechanism and directed
that a Motion should be placed on the Order Paper for the
Sitting of the National Assembly within two weeks of today’s
date.
2. Implementation of the Decisions
of the Bipartisan Committees:
The President and the Leader of the Opposition reviewed the
Jagdeo-Hoyte dialogue process, particularly with regard to
the joint decisions of the six (6) bipartisan committees.
They, accordingly, agreed to the following:
2.1. National Policy on Land and
House lots Distribution:
The Policy Paper, tabled by the Minister responsible for Housing
and Water on 2002 May 9 in the National Assembly, was discussed.
It was agreed that the Minister would amend the Paper to fully
meet the Guidelines set by the National Assembly which require
the Government to:
1). Submit clear, transparent and equitable national criteria
for the distribution of land and house lots.
2). Establish an independent statutory body to:
3). Monitor the distribution of land and house lots to ensure
that it is undertaken in compliance with the national criteria.
4). Investigate complaints, including complaints about discrimination
in the
distribution process.
5).Provide adequate redress in proven cases.
They agreed that the Paper would be amended
and re-tabled in National Assembly by 2003 June 5.
The President gave the undertaking that,
when the Policy Paper is debated and accepted by the National
Assembly, the government will implement the decisions of the
Assembly in a time frame to be developed and agreed with the
Leader of the Opposition.
2.2. Local Government Reform
The President and the Leader of the Opposition agreed that
since the Bipartisan Committee was unable to complete its
work and submit its final report before the expiry of the
deadline set for the completion of its tasks, the Committee
would be re-established and mandated to complete its tasks
within the period of three months. The outstanding tasks include:
1). Giving priority to the electoral system to be used for
future Local Government Elections.
2).Developing a suitable system and appropriate
procedures for compulsory annual fiscal transfers to the local
government organs.
3).Determining the Terms of Reference for
an independent constitutional Local Government Commission.
It was also agreed that Legislation for the implementation
of all agreed local government reforms would be prepared for
presentation to the National Assembly within six (6) months
of the conclusion of the work of the Committee.
2.3. Depressed Communities Needs.
President Bharrat Jagdeo and the Leader of the Opposition,
Mr Corbin, agreed that:
1). All of the projects for the Phase I Communities have been
completed.
2). G$60Mn is immediately available for Phase II projects.
3). The Leaders also agreed that the Committee would, within
a month, provide a list of depressed communities, including
those that were identified in the Report of 4th June 2003,
from which they would identify those for implementation in
Phase 11.
2.4. Radio Monopoly and Non Partisan
Boards.
The President and the Leader of the Opposition agreed to the
following:
In accordance with the guidelines agreed to by the joint Committee
in its final report the appointment of non-partisan Boards
of Directors of the state-owned media and the NFMU was approved
and would be implemented within four (4) months.
* The draft broadcasting
legislation which will include provisions for the creation
of a National Broadcasting Authority, would be ready for consultation
with two (2) months and be laid in the National Assembly within
four (4) months from 1st May 2003
* Equitable access
(based on Parliamentary representation) to the state-owned
media by all Parliamentary Parties (as distinct from government)
would be instituted without undue delay.
* The independent
National Broadcasting Authority would be the licence issuing
authority for all “commercial” licences for commercial
frequencies for radio and television.
* The NFMU would be
responsible for providing technical advice to the NBA for
the granting of commercial frequency licences.
* The Interim Broadcasting
Committee would be disbanded immediately the NBA comes into
existence.
* Taking into consideration
the options presented in the final report of the Joint Committee,
the relationship between the NFMU and the NBA will be determined
after the consultation on the draft broadcasting legislation.
* There would be a
freeze on the granting of all new commercial frequencies for
television and radio by NFMU until such time as the new broadcasting
legislation comes into effect.
* Both leaders agreed
that priority would be given by the NBA to the granting of
commercial radio licenses using the statutorily enshrined
criteria which emphasise high standards of broadcasting and
serious penalties for their infringement.
2.5. Border and National Security
Issues including the Recapitalisation of the GDF:
The President and the Leader of the Opposition agreed that
the Joint Committee’s report that was submitted to the
Ministry of Foreign Affairs for editing would be laid and
debated in the National Assembly.
It was also agreed that the Government will
implement the recommendations accepted by the National Assembly
and the Foreign Relations Sector Committee would be responsible
for monitoring government’s implementation of the recommendations
of the Committee.
2.6. Bauxite Industry and Communities
Resuscitation
President Bharrat Jagdeo and the Leader of the Opposition,
Mr Corbin, agreed that, in view of the problems facing important
parts of Region 10, urgent action is necessary to reverse
the situation. They reviewed the government plans for the
area, e.g. the privitisation programme, LEAP, and investments
in electricity, water and the social service and expressed
concern at the pace of implementation of those projects and
programmes. They agreed that, such efforts together with any
new ideas would be urgently compiled into a single comprehensive
development programme for Region 10 with the full involvement
of the elected bodies. The programme should address such matters
as the creation of new employment opportunities, the rehabilitation
and satisfactory functioning of the public utilities; the
enhancement of incentives regimes for the attraction of inward-investments
to the Region, and the creation of a fully supportive institutional
environment for small and medium-scale business development
by the inhabitants of Region 10.
3. De-Politicisation of the Public
Service:
The parties agreed to review at a later date the issue of
the de-politicisation of the public service.
4. Appointment of PPP/C and PNCR
Nominees to State Boards, Commissions and Committees:
President Bharrat Jagdeo and the Leader of the Opposition,
Mr Robert Corbin agreed that the appointment of PPP/C and
PNCR Nominees to State Boards, Commissions and Committees
would be subject to the following exceptions:
* Where membership
is specified by functional responsibilities.
* Where entities were
responsible for national security.
*Where for strategic
reasons the government had objections to membership on a particular
Board, which objection will be raised with the Leader of the
Opposition for resolution.
* The government will
issue a list of all State Boards, Commissions and Committees
excluding the above exceptions to the PPP/C and PNCR.
* The PPP/C and PNCR
will be invited to submit Nominees to those State Boards,
Commissions and Committees.
* Government would
give 3 months’ notice of appointments falling due and
such appointments will be made in accordance with the agreed
mechanisms of December 1998 (Att. 6,7).
5. The Appointment of a Disciplined
Forces Commission to Include Inquiry into the Operations of
the Guyana Police Force:
President Jagdeo and Mr Corbin, the Leader of the Opposition,
agreed the Terms of Reference for a Disciplined Forces Commission
which, inter alia, would review the ethnic composition of
the disciplined forces and give priority to an Inquiry into
the operations of the Guyana Police Force which will be completed
within three (3) months of its commencement. The Disciplined
Forces Commission will be constituted in accordance with the
agreed amendment to article 197A of the Constitution and taking
account of the requirements of the existing article 197A(5)
of the Constitution.
They also agreed that the Commission shall comprise five (5)
persons including the Chairman who will be appointed by the
President after consultation with the Leader of the Opposition.
They agreed that the Commission will begin its work within
one (1) month of their meeting and that the Bill amending
the Constitution to provide the powers and authority for the
Commission to conduct the inquiry will be tabled in the National
Assembly, along with the Motion on the Terms of Reference
of the Commission, at the Sitting on Thursday 2003 May 8 (Att
8,9).
6. Agreements for the Electricity
Sector:
President Bharrat Jagdeo and the Leader of the Opposition,
Mr Corbin agreed that, all existing and future agreements
for GPL and the rest of the electricity sector would be laid
in the National Assembly for debate.
7. The Constitutional Office of the
Leader of the Opposition:
President Bharrat Jagdeo and the Leader of the Opposition,
Mr. Robert Corbin, agreed that the government would make adequate
provisions for the effective functioning of The Constitutional
Office of the Leader of the Opposition.
8. The Crime Situation
The President and the Leader of the Opposition expressed concern
over the crime situation in Guyana. They agreed to support
legitimate efforts by the police to fight all forms of criminal
activity. They agreed to explore at a subsequent meeting other
non law enforcement approaches to this problem.
9. Issues Raised by the President
The President and the Leader of the Opposition agreed that,
the issues raised by the President, including the PPP/C’s
paper on inclusive governance and the National Development
Strategy, will be dealt with at a subsequent meeting.
Meeting Between Mr Bharrat Jagdeo, President of the Republic
Of Guyana and Mr Robert Corbin, MP, Leader of the People’s
National Congress Reform/ Leader of the Opposition Office
of the President, Friday 2nd and Monday 5th May 2003
ATTACHMENTS
I. Motion for the establishment of the Parliamentary Management
Committee.
II. Terms of Reference for the Parliamentary Sectoral Standing
Committees.
III. Distribution of Ministerial responsibilities among the
Sector Committees.
IV. Motion setting out the modalities to give effect to provisions
of Article 119C
V. Consensual Mechanism for the Nomination by Entities of
members of the Rights Commissions
VI. Composition of State Boards, Commissions and Committees;
Guiding Principle.
VII. Terms of Reference for the Disciplined Forces Commission.
VIII. Criteria for Appointment to State Boards, Commissions
and Committees.
IX. Constitutional (Amendment) Bill 2003 for the alteration
of article 197A of the Constitution.
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