Monday June 30, 2003
Chairman,
Members of Disciplined Forces Commission sworn-in
- PNCR representative notably absent
Georgetown, GINA, June 30, 2003
The Chairman and three other Members of the
Disciplined Forces Commission took the Oath of Office this
morning in the presence of Mr. Samuel Hinds, who is currently
performing the duties of President, at a simple ceremony in
the Credentials Room, Office of the President.
The Chairman of the Commission is Sitting Court of Appeal
Judge Ian Chang and was appointed by President Bharrat Jagdeo
after consultation with the Opposition Leader Robert Corbin.
Senior Counsel Charles Ramson and Attorney-at-Law Anil Nandalall
are Government’s representatives on the Commission,
while Brigadier (Rtd.) David Granger of the Guyana Review
and Mrs. Maggie Bierne of Ireland are the Opposition’s
representatives.
Mrs. Bierne was not present at the ceremony this morning.
Performing the duties of President, Prime Minister Hinds said
the Commission, it is expected, will be well received by the
people of Guyana, adding that one could expect more than 80
percent of Guyana supportive of the Disciplined Forces Commission.
Mr. Chang said he is hopeful that the Commission will start
its work immediately, but will have to meet to decide whether
this can be done, since one of its members is not in the country.
He noted that the Commission will work within the Terms of
Reference to fulfill its duties.
The composition of the Commission was agreed upon between
President Bharrat Jagdeo and Leader of the Opposition Robert
Corbin. The Commission is expected to start its work on July
1, 2003.
Last Monday, President Jagdeo wrote a letter to Corbin on
Monday, indicating that Chang is his nominee.
On Thursday, the President received Corbin’s reply in
the affirmative. This has allowed the Commission to be constituted
and to start its work.
In the Communiqué, President Jagdeo and the Leader
of the Opposition, agreed on 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 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, the agreement stated.
President Jagdeo and Corbin also agreed that the Commission
shall comprise five persons, including the Chairman who will
be appointed by the President after consultation with the
Leader of the Opposition.
The Leaders agreed that the Commission will begin its work
within one month of their meeting and the Bill amending the
Constitution to provide the powers and authority for the Commission
to conduct the inquiry, was tabled in the National Assembly
on May 16, along with the Motion on the Terms of Reference
of the Commission.
The Commission is also tasked with a review of the ethnic
composition of the Disciplined Forces, including the Guyana
Defence Force
The Disciplined Forces Commission’s Secretariat will
be housed at the Supreme Court’s Library.
The Chairperson and Members of the Disciplined Forces Commission
are hereby appointed and shall exercise all the powers conferred
upon them by Article 197 (A) (5), (6) and (7) of the Constitution
of Guyana and the High Court Act Cap. 3 :02.
Below is the Terms of Reference within which the Disciplined
Forces Commission will operate:
The Commission is to investigate, advise and report on the
following:
1. That the Commission shall inquire into
the Disciplined Forces, that is, the Guyana Police Force,
the Guyana Defence Force, the Guyana Prison and the Guyana
Fire Services, and all their branches, departments and units,
focusing and making recommendations for their reform, sustained
professional development and structure. In so doing, the Commission
shall pay particular attention to:
(a) The changing context of the operations
of the Disciplined Forces, taking into consideration, national
and international developments.
(b) Their relationship with and responsibility to the civilian
authorities.
(c) The methods and processes of achieving greater ethnic
balance.
(d) Operational efficiency and effectiveness including inter
service co-operation and collaboration.
(e) Financial and public accountability.
2. The Commission is further mandated to
give priority to its enquiry into the Guyana Police Force
and, within three (3) months of the establishment of the Commission,
shall examine and, where necessary, make recommendations on
the following:
(a) The composition, structure, function
and operations of the Guyana Police Force, bearing in mind:
(i) The changing nature of crime and influence of the traffic
in illicit drugs and fire arms, back-tracking and money laundering.
(ii) The relevance of the recommendations of the International
Commission of Jurists, particularly with regard to racial
imbalance in the Force, to today's reality.
(iii) Terms and conditions of employment, remuneration, training,
accommodation, criteria for promotion, discipline, equipment
and logistical needs.
(iv) The rules of engagement, including manuals of procedure
of operation.
(v) Powers of arrest and detention.
(vi) Concerns about the adequacy and application of the Coroner's
Act, Cap. 4:03.
3. The Commission shall present its report
and findings, recommendations and implementation timetable
to the National Assembly within six months, save that the
Commission shall give priority to its Inquiry into the Guyana
Police Force and shall present an Interim Report thereon to
the National Assembly within three months.
4. The report and Interim Report of the Commission
shall be subject to an affirmative resolution of the National
Assembly.
5. The findings and recommendations of the
Commission accepted by the National Assembly shall be implemented
within a specified time frame and monitored by the Sector
Committee determined by the National Assembly.
6. The Commission shall commence hearing
with effect from the 1st day of July, 2003 and continue thereafter
with such frequency and for such period as the Honourable
Chairperson may determine, so as to conclude on 30th day of
September subject to such extension, if any, that may be granted
by the National Assembly.
7. Hearings are to be conducted at the Conference
Room, Law Library, Supreme Court Compound, South Road &
King Street, Georgetown and continuing for such period and
in such other places as the Honourable Chairperson may determine.
8. Subject to the above, the Commission shall
establish and regulate, its own proceedings and shall be governed
by the aforesaid provisions of Article 197 (A) (5), (6) and
(7) of the Constitution of Guyana and the High Court Act Cap.
3 :02.
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