….corrects oversight which saw the Amerindian Act 2006 failing to come into force
The Amerindian Act 2006 (Commencement) Bill 2010 was passed in the National Assembly last evening.
The new legislation corrects an oversight which saw the Amerindian Act 2006 failing to come into force
The Bill was piloted by Amerindian Affairs Minister Pauline Sukhai who explained that the Bill seeks to validate the commencement of the Amerindian Act 2006, with effect from March 14th 2006.
The Amerindian Act brought before the National Assembly in August 2005, was debated in October of the same year, and was sent to Select Committee, thereafter being subject to another round of debates, and finally passed in February 2006. President Bharrat Jagdeo assented to it sometime after and it was expected to come into effect from March 14, 2006.
According to Sukhai, a Commencement Order was signed by the then Amerindian Affairs Minister Carolyn Rodrigues-Birkett, but a Gazette copy of the order was misplaced, hence the necessity for the new Bill.
Member of Parliament Ms. Gail Teixeira made it clear that this was simply and oversight, the first in the 18 years that the administration has been in power, and added that mechanisms have been put in place to ensure that it does not happen again.
She stated that the passage of the Amerindian Act 2006 was the passage of a historic piece of legislation and one of the most progressive piece of legislations advanced in the National Assembly.
Teixeira reminded the House that to err is human, and stressed that the administration has accepted its error and has moved to correct it, a move that indicates the administration’s commitment to the Amerindian people.
Seeking to explain the context in which this oversight occurred, the Member of Parliament pointed out that soon after the Commencement Order was signed by Rodrigues-Birkett, Guyana was hit by a serious crime wave which included the murder of the late Satydeow Sawh and his family.
She added that soon after that Parliament was closed due to the situation at the time.
“An error was made and we are here making an effort to correct it,” Teixeira posited.
Member of the People’s National Congress Reform-One Guyana (PNCR – 1G), Winston Murray acknowledged that this move “enhances” the government, but stressed that the situation before the House is a “conflicting one.”
He noted that the Bill is “messy” and seeks to clean up a “mess.”
Teixeira, in her comeback, stated that Guyana is “on the move” and noted that there has been radical change in the development of the Amerindian people’s situation, an effort that should be applauded by all Guyanese people.
She said in 2010 the integration of the Amerindian people in society and access to services has significantly improved.
Sukhai said the People’s Progressive Party Civic (PPPC) has remained committed to the Amerindian people, and since 2006, accelerated its moves, which include establishing a process for land demarcation, among others.
Murray, in his presentation, raised one stipulation in the Amerindian Act 2006, the paying of royalties by the Guyana Geology and Mines Commission (GG&MC) to Amerindian communities into a special account.
The Member of Parliament questioned why the administration did not proceed in “good faith” in this area as it did with other areas.
Addressing the creation of a special account and the indebtedness of the GG&MC to the Amerindian people, Sukhai said there has been an overt display of “ignorance and misrepresentation” of the matter which concluded that $1.7B was owed.
Prime Minister Samuel Hinds, in his remarks, said he was “astonished” at the interpretation of this matter by the opposition.
He explained that mining activities within Amerindian villages are bound by stipulations of specific percentages that should be paid over for specific activities.
These, Hinds said, are clearly stated in the Amerindian Act 2006.
Responding to this, Alliance for Change Member of Parliament David Patterson said the GG&MC has indicated that the funds have been “accruing” and is waiting for a transfer mechanism to hand over the money.
Sukhai maintained that on the advice of the Attorney General, Charles Ramson, the Bill was brought to the National Assembly and added that in the years that the Amerindian Act 2006 was not in force, there was a quickening in the creation of opportunities for Amerindian people.
“We followed the provisions of the Act…we dealt in a frontal way with the issues and concerns of the Amerindian people,” the Amerindian Affairs Minister said.
George Norton of the PNCR -1G criticized the fact that four years later there are still areas that have much room for improvement, including education.
He drew attention to the powers of the subject Minister and said some of these powers belong to the judicial arm of government.
Teixeira reminded him that from 1992 to date, 25 secondary schools with dormitories have been established in Amerindian communities, there is a primary school in several Amerindian villages, health posts in Amerindian villages are manned by Amerindians, lands have been demarcated and Toshaos have been elected democratically by their people, among other developments.
She opined that several of the arguments being made are cheap political shots and she added that any effort to convince the Amerindian people that the efforts made from 2006 to now are not valid is simply wrong.
The Amerindian Affairs Minister said the Amerindian Act 2006 is a product of the Amerindian people’s intelligence and testimony to the “free, prior and informed consultation” approach that the current administration advances in development.