To demand resignation of gov’t is to court anarchy

— GTUC urges toning down of rhetoric

STRICT constitutional adherence must guide the nation in the post no-confidence motion period, said the Guyana Trade Union Congress (GTUC).

According to a press statement from the GTUC, in the event that elections are not held within the stipulated three-month period following passage of the no-confidence motion, the constitution dictates a course of action.

The action dictated by Article 106(7) will require “…resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine,” the trade union body said.

The GTUC said the Guyana Constitution makes no reference to a “caretaker government,” suggesting that government will continue to function until the stipulated election is held within three months or beyond, as per a two-thirds vote in the National Assembly, dictated by Article 106 (7).

The motion, which was tabled by the parliamentary opposition and passed in the National Assembly, has stirred rhetoric from all sections of society.
“The GTUC calls for the toning down of the rhetoric and for sobriety and wisdom to inform the discourse as to how the nation proceeds at this crucial juncture of our history,” said the congress.

As a first for the country, though constitutionally enshrined, Guyana is “chartering [sic]new waters” unfamiliar to both the government and the opposition, whom it is evident are both ‘challenged’ in navigating same to preserve the national good and maintain stability.
PAINS

“The GTUC believes that the challenges of this period must only serve to remind Guyanese of the growing “pains of democracy”.

“As the nation passes through this current period, we as a people must come out stronger from the experience and the working-class, observers and the international community must feel confidence that the process has factored in the safety, well-being and future of our entire society. The common good, the national interest, must take precedence over any partisan political gain,” said the congress.

The Guyana Constitution, Article 106 (6) and (7) specifically addresses the motion, resignation of a government and elections.

According to the GTUC, those clauses are conjoined and cannot be dealt with separately. While Article 106 (6) states, “The Cabinet including the President shall resign if the government is defeated by the vote of a majority of all the elected members in the National Assembly on a vote of confidence,” the following Article 106 (7), which can be considered the defining clause, advises how to proceed after the vote.

Article 106 (7) expressly states that, “Notwithstanding its defeat, the government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine and shall resign after the President takes the oath of office following the election.”

MEET and TALK
The GTUC believes that Article 106 (6) and (7) though allowing for a confidence motion against a sitting government, does not dictate for society to function without a government in the interim.

“To demand otherwise is to court anarchy and to operate not in our best national interest. Both government and opposition have a responsibility to maintain order and safeguard our nation’s stability and peace. It is not a period of showmanship and ‘digging down’ for the political forces still have to meet, talk and work together,” said the congress.

The elected executive is responsible for the day-to-day administration of the state. Implicit in the extant clauses is that government and Parliament will continue to operate, because both are tasked activities to ensure the smooth functioning of society.

In the specific confidence case, provision is made for elections to be held within or after three months and that the “…government shall remain in office…” until such time “…the President takes the oath of office following the election” (Article 106 (7).
The nation has been advised that on President David Granger’s return from Cuba in the new week, he will meet with Leader of the Opposition Bharrat Jagdeo.

GTUC urges, given what is at stake, it is imperative that other stakeholders of the coalition government, namely partners in A Partnership for National Unity (APNU) and the Alliance For Change (AFC) be part of the initial meeting.

Subsequent engagement/meetings must be expanded to see the involvement of other stakeholders in civil society.
The congress said the process should include the trade union movement, private sector, and religious representatives.

“We must strive to further avoid fracturing or jeopardising our commitment to social cohesion and as our national motto states, One People, One Nation, One Destiny,” said the GTUC.

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