— as IDB threatens to ‘pull the plug’ on funding for two projects

By Navendra Seoraj
THE sluggish execution of two Inter-American Development Bank (IDB)-funded projects, related to the establishment of a Law Reform Commission and prison reform, has left the new government with a challenge, as the international financial institution has threatened to “pull the plug” on funding, unless swift action is taken to get those projects “off the ground.”

Over the past five years, the A Partnership for National Unity and Alliance For Change (APNU+AFC) administration had failed to successfully execute the US$8 million prison reform project and establish a Law Reform Commission, leaving the IDB dissatisfied.

The US$8 million project is aimed at tackling overcrowding at local prison facilities. Through the project, there was supposed to be support for the criminal justice system as it moves ahead to reduce the number of pre-trial detentions of prisoners, while increasing use of alternative sentencing (outside of jail time).
Meanwhile, the permanent Law Reform Commission seeks to reform and modernise Guyana’s laws—the majority of which were inherited from its colonial masters and are long overdue for review.

With no intention of losing such ‘critical’ projects, Attorney-General and Minister of Legal Affairs, Anil Nandlall, assured Guyanese that the new People’s Progressive Party/Civic (PPP/C) administration will do everything possible to save those projects, starting with the appointment of commissioners to the Law Reform Commission.
In terms of the commission, the AG, during a virtual press briefing on Saturday, reminded persons that a bill was passed in the National Assembly since 2016 and the commission was established and later staffed in 2017.

Nandlall said the previous administration had hired 11 employees at a cost of $2.1 million a month, but there was no appointment of commissioners, and, in effect, no commission, although there were multiple promises by the past administration to appoint commissioners.

It was reported that a legal officer, three legal clerks, three typists, an office assistant, cleaner and driver were hired. The legal officer is being paid over $700,000, while the legal clerks are being over paid $150,000 each; the typists are paid over $130,000 each; office assistants are being paid over $100,000; while the cleaner and driver are being paid gross salaries of over $75,000 and over $120,000 respectively.

In addition to the employment cost, the former government had rented the middle and top floors of a building located at 59 Robb Street Bourda. The building was being rented for $850,000 monthly.

MASSIVE SUMS BUT NO WORK
“They have been renting a building and I have calculated the expenses from 2017 to now…it cost $28 million to rent a building, and no work has been done,” said the attorney-general.

The consolidated expenses, including those which were mentioned, totalled $92.3 million, said Nandlall.
“Nearly $100 million from 2017 has been expended and the commissioners to the commission have not been appointed… the IDB has since indicated that they will pull it (the funding) unless we move swiftly,” said the attorney general.
To this end, Nandlall promised that government will move quickly to appoint commissioners, and officially establish the Law Reform Commission.
The PPP/C while in opposition was, however, critical about the legislation governing the appointment of commissioners. It is stipulated that the President will appoint seven commissioners, but the PPP/C had advocated for there to be a system of nomination, which would allow widespread representation.
“We think that the whole statute should be refashioned so that the law reform commission, when it sits, represents the interest of the entire country,” said the attorney general.

An inclusive commission is especially important in a modern society like Guyana because it will help to keep the legal architecture up-to-date and up-to-standard.
Amending the legislation is, however, unattainable right now, considering the IDB’s warning, but Nandlall promised that it will soon be refashioned so that the commission can be properly constituted in a manner that reflects the best interest of the country.

UNDER THE NOSE OF THE PUBLIC
While the new government plans on working in the best interest of the country and its people, the attorney-general said projects such as the criminal justice initiative had gone “under the nose” of the public over the past five years. Nandlall, in a past report, had said the public is not aware of the project’s nature or objective.
Nandlall noted had visited the office of the project on Hadfield Street, Georgetown – the same building that housed the former Opposition Leader David Granger.
The attorney general had said he was pleased that such a project was ongoing in Guyana and expressed his unwavering support to it, but expressed deep regret that, since the commencement of the project in 2017, the public is not aware of its nature, nor objective.

“Nandlall expressed dissatisfaction with the manner in which the project is unfolding and that its impact is not being felt by the people of Guyana,” said the Ministry of Legal Affairs in a recent press statement.

The attorney general intends to review the project documents to ensure that the project is being efficiently and effectively managed.
He related that a sentencing policy is lacking in Guyana but noted that there are sentencing guidelines which were drafted under a previous project but never implemented. In this regard, the attorney general tasked the team with reviewing and modifying those guidelines, if necessary, so as to avoid duplicity.