“THIS nation must show that it sets its face against terrorism, terrorist acts, and terrorists,” he said. “And everyone in this country and in this honourable House must provide a united front against extremism,” Attorney-General, Basil Williams told the National Assembly last evening before the passage of the Anti-Terrorism and Terrorist- Related Activities Bill.
In spite of the opposition People’s Progressive Party/Civic (PPP/C) insisting that the Bill be moved to a Parliamentary Select Committee for further consideration, the governing A Partnership for National Unity + Alliance For Change (APNU+AFC) last evening approved the Bill with its majority in the House, while the Opposition refused to vote.
The Bill, presented by AG Williams, comes at a time when there have been heightened terrorist activities globally. “This Bill arrives in this honourable House at a time when terrorism stalks the world,” the attorney-general noted in his opening remarks, adding: “It is imperative that the nations, in comity, strive to implement measures, and to put measures in place to combat this new challenge.”

BROUGHT BEFORE
This was not the first time the Bill was brought before the National Assembly. The coalition government was accused of hastily bringing the Bill before the House in November of this year, but after a public outcry, particularly from the Guyana Human Rights Association (GHRA), which had made a number of recommendations including the setting up of a regulatory body, it was moved to public consultation then back to the House for approval.
The Bill forms yet another step in Guyana’s move towards becoming an Anti-Money Laundering and Countering the Financing of Terrorism regime.
Williams called out the previous PPP/C administration for failing to implement recommendations made by the CFATF (Caribbean Financial Action Task Force) some years ago, which later referred Guyana to the Paris-based Financial Action Task Force (FATF).
PPP Member of Parliament, Clement Rohee was first in the list of opposition speakers on the Bill.The others were MPs Gail Teixeira and Anil Nandlall.
Rohee, a former Home Affairs Minister in the PPP government, registered his concern that, “There is a challenge striking a balance between the legislation and the human rights of the individuals caught up in the matter.”
SAFEGUARDS
He called for safeguards to accompany the Bill in the “not-too-distant future.” Rohee said in the House he recognised the government has need to comply with international obligations, but challenged “Vesting in law enforcement certain powers which, when balanced against the criminal justice system, must be seen as a very delicate matter.”
Rohee went on to raise concerns about the implementation of the provisions of the Bill aimed at fighting terrorism, when Guyana’s borders are “porous” and can be easily infiltrated. He called the Bill “progressive and commendable,” but asserted that there are issues that require further consultation.
‘WICKED’ BILL
Opposition MP Teixeira made similar remarks, calling for the “wicked” Bill to be referred to the Parliamentary Select Committee. She acknowledged the importance of the Bill, but called for a balance among security, public safety and human rights. Teixeira went on to lash out at the administration for going beyond the international requirements to include particular provisions that her party saw as problematic.
Teixeira questioned the inclusion of the death penalty for some 14 offences in the Anti-Terrorism Bill that outranked Guyana’s century-old Criminal Law (Offences) Act with only two references to the death penalty.
Colleague opposition MP, Anil Nandlall, further expounded on this position. “I have not heard the Attorney-General tell us which requirement of FATF prescribe that we must have sanctions that carry the death penalty,” Nandlall said, adding that the Bill “goes beyond the scope of what we are being told about.”
Addressing the Speaker of the House, Dr Barton Scotland, Nandlall said: “If we pass this tomorrow, Sir, I don’t think we would be any better off than we are today.”
Noting that the Bill created 14 offences with the death penalty, he said there are other countries in the world that fight terrorism within invoking the death penalty.
And, challenging the argument put forward by Public Security Minister Khemraj Ramjattan, that the death penalty deters persons from committing offences punishable by death, Nandlall said there is “no scientific study; no empirical survey… that the death penalty has led to the reduction in crime.”
The Attorney-General, in rebuttal, used a 2010 article that quoted Nandlall as saying in the media that he supported the effectiveness of the death penalty.
For his part, Minister Ramjattan said, “Draconian times call for draconian measures.” This he said while underscoring the importance of preventing safe havens for terrorist activities in Guyana, whether in recruiting or training.
Ramjattan said the Bill denies terrorists a sanctuary in Guyana, since those persons tend to exploit “ungoverned areas” and ultimately challenge democratic values.He acknowledged the point made by the opposition on the concern for Guyana’s borders, but called for consensus from both sides in tackling the issue.
Ramjattan, an attorney-at-law, said the human rights issue would always come up when dealing with criminal offences, since even terrorists could demand justice.
“If, to secure the democracy and the human rights of the majority of the people of the country as against a few terrorists, we have to do this,” he said, “then let us do this!”