IN a remarkable and commendable development, President David Granger, on Monday April 1, accepted the resignations of the APNU+AFC members of parliament (MPs) who hold citizenship in foreign countries in addition to Guyanese citizenship. The MPs are Guyanese-American Minister of State, Joseph Harmon, and Guyanese-British MPs Rupert Roopnaraine, Carl Greenidge and Dominic Gaskin. Those MPs will therefore not be present in the National Assembly when it reconvenes. The resignations follow the ruling by Chief Justice (ag), Roxanne George, on January 31.
The Chief Justice had ruled that former MP Charrandass Persaud was an illegal Member of Parliament on the basis of his possession of Canadian citizenship. Chief Justice George noted, too, that her ruling had implications for other MPs in that same category. As such, the MPs’ decisions to resign from the National Assembly and the president’s acceptance represent a laudable development in Guyana’s recognition of the rule of law, as the country progresses along the path to full democratic governance.
By now, most Guyanese would be aware that Article 155 (1) A, of the constitution states that, “No person shall be qualified as a member of the National Assembly who – is, by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power.” As such, the constitution excludes persons with multiple citizenships from being members of the National Assembly. Unfortunately, despite that provision being part of Guyana’s supreme law for some two decades, it had been ignored.
That untenable state of affairs came to an end on December 21, 2018, when Charandass Persaud voted in favour of a no-confidence motion tabled by the opposition People’s Progressive Party/Civic (PPP/C). All things considered, the no-confidence motion and its aftermath may have had the effect of promoting better governance by creating an atmosphere in which the rule of law may flourish.
The rule of law is defined by the oxford English Dictionary as, “The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.” The dictionary elaborates: “The phrase ‘the rule of law’ refers to a political situation, not to any specific legal rule.”
Experts agree that the rule of law implies that every person is subject to the law, including people who are lawmakers, law enforcement officials, and judges. Such is the condition that must exist and prevail in every territory that lays claim to being a democracy.
One will recall that prior to being elected to office in 2015, the APNU+AFC coalition had repeatedly and emphatically committed itself to good, democratic governance. Such governance necessarily must, of course, incorporate adherence to the rule of law as an integral aspect of its foundational structure. President Granger, in his address to the nation on the occasion of Guyana’s 49th Republic Anniversary on February 23, 2019, iterated that unaltered position. His Excellency said, “Guyanese, today, are happy to live in a State that is committed to the rule of law, the independence of the judiciary, freedom of the press and respect for fundamental human rights.” The coalition’s recent actions are consistent with that stated position, and, at the very least, serve to assure Guyanese that the coalition’s statements are not just empty words, but instead, represent the unchanging positions to which the APNU+AFC is committed.
The resignation of the APNU+AFC MPs may be disappointing to many Guyanese, particularly coalition supporters. However, citizens should consider the larger picture. The voluntary resignations — arguably a first in the country’s history — represent a radical departure from the ways of the past, especially the attitudes and practices of PPP/C officials of the last regime. Obviously, officials of the current coalition administration, including those at the highest levels of government, view themselves as being subject to law; the same as any other person. That fact represents real progress along the path towards ideal democratic governance.