PRIME Minister, Moses Nagamootoo, intends to have the Constitutional Reform Bill placed once again on Cabinet’s agenda with the aim of having it tabled in the National Assembly by mid-year.In a recent interview with the Guyana Chronicle, the Prime Minister said Constitutional Reform remains a commitment of the APNU+AFC coalition government and noted that “Cabinet must give the go ahead for this Bill to be tabled in Parliament.”

Before taking office in May 2015, the coalition had vowed to have the establishment of a Constitutional Reform Committee with a mandate to complete consultations, draft amendment and present same to the National assembly for approval within nine months of holding office.
The failure of the administration to fulfill its manifesto promise has resulted in many criticisms, given the fact that the coalition had campaigned heavily on constitutional reform.

In its manifesto, the APNU+AFC had said that the Constitution in its current form does not serve the interest of the country or its people and noted that with a new constitution the requisite checks and balances will be in place to bring together the coalition’s belief on liberal democracy.
“Freedom of speech, reduction of the power of the President and the Bill of Rights will be enshrined in the document,” the coalition had said.

Meanwhile, last November, Government through the Prime Minister said it intends to roll out its Constitutional Reform programme, with the establishment of a Constitutional Consultative Commission, and then the setting up of a secretariat to drive the process. Nagamootoo, who has oversight for governance, said his office has submitted a $80M budget for the programme.

A Steering Committee on Constitutional Reform (SCCR) was established last August to draft a work programme and make recommendations for constitutional reform. The Committee comprised Attorney Nigel Hughes, former Director of Transparency International, Attorney-at-law Gino Persaud; Professor Harold Lutchman; former magistrate, Geeta Chandan-Edmond; and former chief economist at the Central Bank, the late Haslyn Parris.

The Prime Minister received the report of the SCCR April 2016, and has since revised it and is expected to table the revised version to Cabinet soon. The report, among other things, has recommended that there be a three-tier system where legal minds who serve on the Constitutional Reform Commission would prepare a draft document, which speaks to the recommendations of the SCCR.

It is the intention of this administration to have that draft document circulated to stakeholders so that their views can be taken into consideration, after which the Prime Minister would review and submit it to Cabinet.
Upon the approval of Cabinet, the document would be laid before the National Assembly for debate, after which it is likely that a referendum would be used to have the recommendations adopted.

Meanwhile, the steering committee in its report made recommendations for a structure of the commission and secretariat. Contending that the previous Constitution Commission was “too large,” the Steering Committee recommended that the membership of the Constitutional Reform Commission not exceed 11 persons. However, before reaching this stage, legislation will be required to establish the body.

In its report, the SCCR said the Constitutional Commission should consist of four or five constitutional law experts, two or three judges, foreign constitutional law experts (Commonwealth), experienced lawyers, civil society and academics. Accompanying this proposal was a list of experts, who enjoy the confidence of the committee. These experts include: Sir Fenton Ramsahoye, SC; Miles Fitzpatrick, SC; Rex McKay, SC; Ralph Ramkarran, SC; Douglas Mendez, SC; Stephen Fraser; Dr. Lloyd Barnett; Dr. Nigel Harris; Sir Shridath Ramphal, and Rashleigh Jackson, among others.

Additionally, the report said a three-tiered system for the Commission should be considered, noting that a set of legal experts (6-11) should prepare a draft-based document, incorporating some of the recommendations of the Committee. That document, according to the SCCR, should then be shared with wider stakeholders, including representatives of political parties and civil society.

The expanded commission, the SCCR said, should include one representative from the A Partnership for National Unity (APNU), Alliance for Change (AFC), the People’s Progressive Party (PPP), the Trade Unions, a youth representative, the Guyana Bar Association (GBA), the Indian Arrival Committee (IAC), the Indigenous Peoples, the African Cultural and Development Association (ACDA), the Hindu Community, the Christian Community and the Islamic Community.

The Committee had also recommended that representatives from each of the non-party political groups be appointed by the respective organisations after a verifiable electoral process is determined by the National Assembly or a select committee.

The SCCR in its report said the established commission should be headed by a chairman and deputy chairman and they should have administrative staff at their disposal. A Documentation and Research Department, Public Education and Information Department, and a Document Replication and Distribution Department were among the divisions recommended by the SCCR, in addition to a secretary to the commission, a confidential secretary to the secretary and a deputy secretary. A Financial Administration and Project Monitoring Unit have also been recommended.

“The CRC should strongly consider the hiring of a public relations team, tasked with the responsibility of disseminating to the general public its work, including submissions received and its programme and the reception of submissions by the public,” the SCCR proposed.