THE State Asset Recovery Bill was on Thursday passed in the National Assembly even after the opposition People’s Progressive Party (PPP) tried to disrupt the proceedings by walking out of the House during a heated marathon debate.
The opposition called for the bill to be repealed or to be sent to a Special Select Committee but to no avail. However, Leader of the Government Business in the House, Prime Minister Moses Nagamootoo, said the administration was not surprised that the “Jagdeo gang couldn’t stay and fight, they cut and run having being thrashed by government speakers on their misrepresentation of a measure that was within the contemplation of the PPP Government when it signed on to the UN Convention against corruption since 2008.” Nagamootoo said the coalition government is simply undertaking to bring a law to fight theft of state properties that the Jagdeo administration was too timid to introduce.
The bill creates the legal framework needed for the Government through the State Assets Recovery Agency (SARA) to recover illicitly obtained state properties or any connected benefit derived from the criminal conduct of a public official.
It enables SARA to exercise investigatory powers, authorised by the High Court, to question persons as to the whereabouts of property; to obtain disclosure of bank account information and transaction details; and to effect searches and seizures of properties
On Thursday, amid loud heckling from the opposition for him to apologise to Justice Franklin Holder in open court, Attorney General and Legal Affairs Minister Basil Williams piloted the bill, arguing that it will allow for the recovery of stolen state assets and will act as a deterrent to corruption.
He said the State Asset Recovery Bill, once enacted, will impact the regulatory landscape of Guyana in keeping with the United Nations Convention Against Corruption (UNCAC), which states that each State party must enforce the necessary measures that will allow for the confiscation of property without a criminal conviction.
Guyana ratified this Convention in April 2008 under the leadership of the then PPP Government. “Corruption, Mr Speaker, is morally and ethically wrong and hinders sustainable development and economic growth by deterring both local and foreign investments,” the legal affairs minister posited, while emphasising that the bill will strengthen the country’s ability to combat corruption in which poverty is a by-product.
Quoting the former United Nations Secretary-General, Kofi Annan, Minister Williams said: “Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a Government’s ability to provide basic services, feeding inequality and injustice, and discouraging foreign investment and aid. Corruption is a key element in economic under-performance and a major obstacle to poverty alleviation and development.”
Pointing to the Human Development Index, the Legal Affairs Minister said in 2014 Guyana was rated 124th out of 188 countries and territories, while in 2012, its Corruption Index was 28.
He said it is no secret that under the PPP Government there were several instances of mismanagement and misuse of Government’s resources, which led to increased poverty. This bill, he lamented, will guard against future occurrences, and if there are, will provide the legal framework to recover state assets in accordance with the UN Convention.

GOOD BILL
“Therefore, bringing to the National Assembly the Asset Recovery Bill, a bill that implements the provisions of the convention as it relates to asset recovery, demonstrates this Government’s continued commitment and political will, political will not only to its international obligations, but to the people of Guyana who over the years felt the corrosive effects of corruption.”
It was pointed out that after taking office in 2015, the A Partnership for National Unity+ Alliance For Change (APNU+AFC) Government embarked on a vigorous campaign to weed out corruption and simultaneously bring the country in line with its international obligations.
As such, the country took the necessary steps to ensure that Guyana became fully compliant with the recommendations of the Financial Action Task Force (FATF) by passing and enforcing its Anti-Money Laundering and Countering the Financing of Terrorism Acts, the appointment of the Director and Deputy Director of the Financial Intelligence Unit (FIU), and the passage of Anti-Terrorism and Terrorist- Related Activities Bill.
Additionally, the Special Organised Crime Unit (SOCU) has been operationalised. It is expected that the Witness Protection and Whistle Blower Bills are expected to be laid soon.
Additionally, the Government has conducted 36 forensic audits into State agencies and entities that have revealed rampant corruption.
“The audits showed that Government funds were being misappropriated and there was inadequate management of state assets,” the Legal Affairs Minister told the House.
Once assented to by the President, the Government through SARA will be using some of the findings of the forensic audit reports to establish a number of cases in the High Court.

ONLY CIVIL PROCEEDINGS
Williams made it clear, however, that the bill allows for civil recovery proceedings at the level of the High Court and not criminal proceedings.
“The bill introduces legislation to combat unlawful conduct and corrupted practices in relation to properties and other assets owned by the State,” he stated, adding that it also provides the necessary regulatory framework to facilitate the tracing, the freezing, the seizure, forfeiture and the return of stolen assets owned to the State.

But PPP Member of Parliament (MP), Priya Manickchand, said that while the Opposition is in full support of the recovery of stolen state assets, it has issues with many of the provisions highlighted in the bill. The opposition frontbencher contended that there is a clear need for additional consultation and consensus before moving forward with the bill; hence, it should be withdrawn and redrafted or sent to a Parliamentary Special Select Committee.
As of now, Manickchand claims that the State Assets Recovery Bill continues to receive widespread condemnation from key agencies and public figures, including the Private Sector Commission (PSC), the Guyana Human Rights Association and even from Chartered Accountant, Christopher Ram.
She pointed out that Ram, in his weekly column, contended that if the bill is not altered, then it could be challenged in court, while the Human Rights Association believes that the bill risks prolonging ethnically polarised politics.
Questioning why the Guyana Human Rights Association (GHRA) is against the bill, the PPP Parliamentarian asked, “Could it be because actions thus far have been against one ethnic group?” Additionally, she said the PPP like the GHRA has issues with the composition of SARA. She said while consultations were held, many of the recommendations were not acted upon, and as such, no significant amendments were made.
According to Manickchand, if the APNU+AFC Government was serious about transparency and accountability and the simultaneous weeding out of corruption, it would not have voted against the PPP-sponsored motion which sought to have all members of the National Assembly to declare their assets publicly.
However, Manickchand’s argument was also rebutted by the Honourable Minister of State Joseph Harmon, who posited that passage of the bill will change the landscape of the country forever as it is currently faced with an unfortunate situation of State assets that are dispersed all over the country.

LEGAL FRAMEWORK
“Mr Speaker, first of all this bill constitutes [sic] to the establishment of the legal framework to give effect to the commitments made to the people of Guyana by the APNU+AFC Administration and by President Granger to stamp out corruption and to restore the principles of transparency and accountability,” Harmon said, stressing that the bill will not only focus on past fraudsters of State assets, but also those in the present and future era which places his Government also on the radar.
Minister of Public Telecommunications, Cathy Hughes, reiterated that no criminal sanctions will be brought against anyone as is being peddled by the PPP.
“The focus instead is on investigation and recovery of assets belonging to the State that have been unlawfully procured, it is therefore an action against the property and not the person,” Hughes highlighted, further positing that it is the State’s right to go after its assets as it is in the best interest of all Guyanese.

THEFT IS THEFT
“Theft is theft, corruption is corruption, in any way, shape or form and we are bold enough to pass this bill; and we are going to be accountable too, we stand firmly on the theft of State property, regardless of who you are, regardless of which political party you come from and regardless of what ethnicity you are,” she said.
Natural Resources Minister Raphael Trotman scolded the PPP Members of Parliament who had spoken ahead of him over what he considered to be reckless statements. He too pointed out that Guyana had ratified the UN Convention Against Corruption in 2008 under the PPP Government. According to him, it was the intention of the Government at that time to implement the treaty obligation. “Why would you sign on to a treaty you have no intention of honouring or respecting?” Minister Trotman asked.
PPP MP Bishop Juan Edghill encouraged the Government to seek out all aspects of the UN Convention in which continuous reference is made to especially the aspects of preventative measures of corruption. Edghill argued that it is ironic for the Government to speak so highly of fighting corruption but are guilty of same, alluding to rewarding campaign financiers. “That is the highest form of corruption that is taking place in Guyana today, so don’t come to this House and say that this bill is to stop corruption,” Edghill affirmed. As he ‘preached’, Minister Amna Ally heckled, “You should be in church,” but Edghill continued with his protestation and gesticulations in claiming that the bill is highly flawed and that SARA is already cognizant of who it will be going after.
He asked not only for the bill to go to the Special Select Committee, but for it to be completely withdrawn.
At the conclusion of the 12th speaker, Bishop Edghill, Minister Trotman at approximately 21:20hrs successfully moved a motion for the bill to be read for a second time, given that it was Holy Thursday.
But this motion did not sit well with the PPP parliamentarians who opted to walk out of the National Assembly. There were eight additional speakers listed to debate the bill. Some members of the PPP held a post-debate press briefing, at which they bemoaned the action of Trotman to move such a motion that disallowed certain key speakers the opportunity to fairly debate this bill.
Anil Nandlall, who did not get to speak, said the bill will be challenged in court.