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Monday, September 8, 2003


High Representatives recommits to motoring Communiqué implementation
- Parliamentary recess slows implementation process

The high representatives of President Bharrat Jagdeo and Leader of the Opposition Robert Corbin who are working on the implementation of the Joint Communiqué signed between the duo on May 6, as well as the Follow-up Agreement signed on June 18 last has made some achievements even though there are still outstanding issues.

This was emphasized by Head of the Presidential Secretariat (HPS) and Cabinet Secretary Dr. Roger Luncheon at his weekly post-Cabinet Media briefing held at the Office of the President last Wednesday.

Government’s High Representatives are Dr. Luncheon, Minister of Parliamentary Affairs Reepu Daman Persaud and Minister of Education Dr. Henry Jeffrey, while the Opposition is represented by the People’s National Congress Reform’s Chief Whip Lance Carberry, and Parliamentarians and Executive Members Dyreck Bernard and Ames McAllister.

One of the major set backs of the implementation process was the distraction from the agreed to implementation mechanism. Dr. Luncheon said that the High Representative have since ironed out the differences and misconception of both parties and have recommitted to a “the original format compiling a sigle report that has the approval of both sides.”

During the HPS’s briefing he outlined the status of implementation in the various areas.
In relation to the appointment of members to State Boards,

Below are the areas touched by Dr. Luncheon:

Appointment of the Service Commissions and the immediate appointment of
Mr. Winston Felix as Commissioner of Police.

Dr. Luncheon noted that the immediate appointment of Mr. Winston Felix as Commissioner of Police will not be in accordance with the Constitution, and since this is a Constitutionally-provided designation, the procedures must be followed.

According to the Constitution, the Police Service Commission must be in place before Felix’s appointment, as the President has to consult with the Chairman of that Commission before making such an appointment. It is also necessary that the Public Service Commission be constituted for the Police Service Commission to be comprised, as the Chairperson of the Public Service Commission must be a member of the Police Service Commission.

So the immediate constitution of the Police Service Commission cannot happen and Mr. Felix cannot be Constitutionally-appointed immediately. “The Leader of the Opposition has properly drawn the attention of the Office of the President to the Constitution’s provision, in this case, on meaningful consultations. To appoint the new Commissioner immediately, as he demands seems to suggest either double standards or poor advice,” Dr. Luncheon said.

He also pointed to the PNCR’s reaction to the disclosure that the Administration was prepared to appoint the Service Commission in the face of the main Opposition Party’s period of intransigence (non-attendance to Parliament and the delayed occupation of the post of Leader of the Opposition)
“Thankfully, those issues are no longer ………… but the Commission still can’t be appointed in accordance with the Constitutional process,” the HPS said.

On the issue of double standards the Cabinet Secretary said that the PPP/C cannot forget, nor should the public forget the lamentable situation that developed after the 1997 elections, during which, all Parliamentary Parties agreed unanimously to the use of the Voters ID Cards. Somehow a legal challenge ensued, which took three years to resolve. As a result, the Office of the President is disinclined to go ahead with any measure in appointing the Police Service Commission that can be later ruled unconstitutional. .

The Monitoring mechanism.

In discussions between the high representatives of both parties an agreement was reached on a reporting mechanism formal to the Briefing Group.

That mechanism involved the implementation of Communiqué agreements being prepared and submitted to the Briefing group. According to Dr. Luncheon, the Briefing Group was informed, but subsequently, the PNCR is calling for separately-produced reports to be provided to the Briefing Group.

“For the Office of the President, this was an untenable situation. The idea of having the Briefing Group sitting in judgment of the efforts of the two groups and making recommendations is too repulsive for the Office of the President to consider. We are unprepared to entertain such a spectacle of the representatives of the two political parties appearing before the donor community and others on a monthly basis and indefinitely to present and defend different reports,” he said.

Dr. Luncheon noted that this matter will have to be resolved as the proposal as far as the Office of the President is concerned is quite untenable and the “idea of the donor community judging could not be stomached.”

Implementation of Parliamentary Aspects:

The appointments and operationalization of the Parliamentary Management Committee, the Appointive Committee of Parliament, and the four Sectoral Committees have all been completed. Parliament has also been provided with the Report of the bipartisan Committee on National Security and Border and Government of Guyana Policy Document on House lots and Land Distribution.

The appointment of the Constitutional Commissions, both the Service and the Fundamental Rights Commissions share common unresolved issues, the first dealing with the conformity with the Constitution and avoiding legal challenges to any appointment, and the second dealing with the institutional arrangements for these Commissions.

Dr. Luncheon noted that Government has already given the go-ahead and funds for Parliament to procure some state-of-the art equipment to enhance its capacity to deal with the enhanced workload. The permission has also been granted for the recruitment of staff the majority of whom will be public servants, and the minority being contract workers.

Meanwhile, he noted that the High Representatives on both sides are still looking at ways in which to enhance the take-home pay for Parliamentarians. He declined to disclose the figure being examined, since the proposal does not enjoy bi-partisan support, but noted that it includes allowances for persons serving on the Committees and those living in remote geographical areas.

The comprehensive plan for Region Ten is being finalized. The Local Government Reform Committee is also preparing its Report. Dr. Luncheon noted that copies of the Broadcasting Bill has been sent to all Parliamentarians and copies are being made for Consultations to start.

“Critical observation of the status of implementation accepted that progress has been made, significant movement was made,” Dr. Luncheon said. He admitted that hiccups were encountered, but these were unavoidable.
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