Dear Editor:

THERE was an article in the newspapers that the Working People’s Alliance (WPA) is disappointed that constitutional reform has not proceeded in spite of a promise outlined in the APNU+AFC Manifesto. An area of promise is that “The new Constitution will put the necessary checks and balances in place to consolidate our ethos of liberal democracy. Freedom of speech, reduction of the power of the President and the Bill of Rights will be enshrined in the document. ” How more ridiculous can this statement be.

For starters, freedom of expression is already enshrined in Article 146.  The gut-feeling approaches to governance, running for office to represent the people’s interests, and refusing to take the time to become acquainted with the laws, rules, principles and procedures guiding such serious business is disturbing.
We have to start holding the politicians accountable for the things they say and demand that they provide the evidence to back up the vacuous statements they keep making. Unless this is done they will continue to make fools of the masses. The Bill of Rights they talk about is only about throwing around nice-sounding terms to mislead the society into thinking that they know what they are talking about.

The United States Constitution has ensconced 10 amendments, aka The Bill of Rights. These are: Freedom of speech; religious freedom; the right to bear arms; protection from soldiers living in your house and conditionality under how they can; no arbitrary search of house; house-searching allowed with proviso; the right to trial; the right to jury in civil cases; reasonable bail and fine and protection from cruel and unusual punishment; rights of individual state to self-determination. It is advised that these amendments were put in place to ensure greater protection of personal liberties and to give specific prohibitions on government power.

Title 1 in the Guyana Constitution “Protection of Fundamental Rights and Freedoms of the Individual” ensconced Guyana’s ‘Bill of Rights’ in the undermentioned Articles
138. Protection of the right to life. 149B. Right to pension and gratuity. 139. Protection of the right to personal liberty. 149C Right to participate in decision-making processes of the State. 140. Protection from slavery or forced labour. 149D. Equality of persons before the law. 141. Protection from inhumane treatment. 149E. Equality of status. 142. Protection from deprivation of property. 149F. Equality of women. 143. Protection from arbitrary search and entry. 149G. Indigenous people’s rights 144. Provisions to secure protection of law. 149H. Right to free education 145. Protection of freedom of conscience. 149I. Right to establish private schools. 146. Protection of freedom of expression. 149J. The environment. 147. Protection of freedom of assembly and association. 150. Provisions for time of war or emergency. 148. Protection of freedom of movement. 151. Reference to tribunal in certain cases. 149. Protection from discrimination on the grounds of race, etc. 152. Saving of existing laws or disciplinary laws.
149A. Right to free choice of employment. 153. Enforcement of protective provisions.

In examining these rights and freedoms (i.e. liberties), the politicians must tell the society what Bill of Rights they have in mind. With what is existing, what is needed is legislation to deepen and strengthen their protection, including judicial recourse to deal condignly with the politicians who are depriving us of what’s constitutionally  enshrined.

Guyana is a republic and its President has executive authority.  The president is the Head of State and Head of Government. We must begin talking about these important aspects of our national ethos and arrive at common understanding of the roles and responsibilities of the office holder and people. In a republic, the rights of the majority and minorities are assured.

Article 13, which represents the principal political objective of the society, expressly lays out following the path of “inclusionary democracy” and the rights articles assure the equality and protection of all. Unlike our Caribbean counterparts, Guyanese answer to no external authority; that authority is vested in the people, via the constitution, to hold elected leaders accountable. We are the final arbiters of our destiny.

The United Nations in its report on proceeding with constitutional reform cautions the importance of a deliberative approach, including public education. That education must begin with those demanding reform, for clearly they are stumbling around in the dark, posing clear and present threat to our rights (liberties) and the nation’s sovereignty.

In order to reform, there must first be understanding of the issues. There cannot be meaningful reform of what is not known, understood, or what is not given a chance to work. The supporting mechanisms must be put in place to make the constitution work. Enough of holding the constitution hostage to egos, ignorance, and compulsion to settle political scores.

Lincoln Lewis.