Enabling environment for commerce to thrive a priority
Attorney-General, Anil Nandlall, S.C.
Attorney-General, Anil Nandlall, S.C.

— says Attorney-General, reaffirms Gov’t commitment to upholding rule of law

THE Rule of Law is a fundamental principle which must be adhered to if there is to be a society conducive to economic growth and development and the Government of Guyana, having recognised this, is committed to upholding the Rule of Law, to enable a society where commerce can thrive.

These sentiments were expressed by Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., during a webinar hosted by the American Chamber of Commerce (AmCham) titled ‘Rule of Law as a Foundation for a Competitive Business Environment’.

Providing a definition for Rule of Law, Nandlall cited distinguished jurist, Lord Bingham, who articulated it means “… all persons and authorities within the State, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts.”

Nandlall highlighted that in the absence of the rule of law, anarchy and tyranny shall prevail and it is difficult to dispute that in a society where there is anarchy or tyranny, economic development stagnates and social progress perishes.

“Such a society becomes moribund on its journey to becoming a failed State. The impact upon business is devastating. They become bankrupt, insolvent or are forced to close doors. The people of that nation either remain in that pauperised society or they find ways and means of exiting that nation,” he said.

There is a global consensus that rule of law facilitates long-term investment and sustainable development, but regionally, it is also recognised that adherence to the rule of law will increase business confidence, attract investments and ensure respect for and enforcement of property rights and freedoms.

GOOD GOVERNANCE
Nandlall referenced President of the Caribbean Court of Justice (CCJ), Justice Adrian Saunders, who, at an event in August 2018 at the Pegasus Hotel, Georgetown, highlighted that while Guyana is poised for significant economic takeoff, it can be significantly enhanced with good governance and adherence to the rule of law.

“It must be clear that no serious investor will pump money into a country where property rights are not respected and are not accorded strong protection, and where there is no independent, fair and competent judiciary,” Nandlall said

“Neither will there be an atmosphere conducive to competitive business in any society where there is social disorder, absence of individual rights and freedoms, or where the government is not elected by the will of the majority of the electorate and operates above the law,” he added.
The Attorney-General reminded that Guyana endured almost three decades of blatant disregard for the rule of law prior to 1992, during which the government of the day not only appropriated millions of dollars in foreign investments but also confiscated private property, including businesses, without paying just or any compensation, in some instances.

He also reminded of recent shenanigans during the period of 2015 to 2020 under the A Partnership for National Unity + Alliance For Change (APNU+AFC) Administration where there were constant violations of the Constitution.

DEMOCRATICALLY-ELECTED GOVERNMENT
“Today, I am pleased to report that in Guyana, there is a democratically-elected government that is committed to uphold the Constitution of this land and the rule of law, with due regard to all its various ingredients and tenets,” Nandlall said.

“This has brought with it public confidence and an avalanche of interests from investors across the globe, in a manner never seen before. Once these investments begin to manifest themselves, the rule of law will continue to play a dominant role in our society,” he added.

Also speaking at the webinar was United States Ambassador to Guyana, Sarah-Ann Lynch, who highlighted that the United States Chamber of Commerce uses five pillars, namely, transparency, predictability, stability, accountability and due process, to measure rule of law which are key factors that drive direct foreign investment and operations.

She cited a number of legislation which exists in the United States for combating corruption, designed to restrict and punish individuals and public officials from receiving gifts and engaging in illicit commercial activities, and financing transactions with foreign governments.

“US and foreign businesses know that if you want to do business in the United States, or with US companies, the law matters, and these laws don’t just exist, they are stringently enforced and applied. Corruption exists everywhere, but how we address it matters, where there is immunity from prosecution, the rule of law becomes worthless,” she said

Also sharing remarks at the webinar were Kendra Gaither, Executive Director, Coalition for the Rule of Law in Global Markets U.S. Chamber of Commerce and María Nelly Rivas, Vice- President, Government Relations in Latin America, Cargill.

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