Transparency and accountability cannot be achieved without a robust legislative agenda, which establishes a strong regulatory framework that is administered by an independent judiciary.
Accountability in public office, as well as the establishment and strengthening of relevant agencies and bodies, is part of Government’s overall policy position on stamping out corruption. In addition, new legislation to ensure the protection of state assets and at a wider scale, the incidence of financial crimes is another measure being employed by the Coalition Government to remove the scourge from public offices.
 
Legislation to address Corruption
In its quest to reverse the lawlessness that permeated the Guyanese Society, the State Assets Recovery Agency (SARA) Act was passed in the National Assembly on April 13, 2017.

Attorney General and Minister of Legal Affairs, Mr. Basil Williams, M.P, S.C. said that the State Assets Recovery Bill was Government’s reaffirmation of its commitment to stamp out corruption. He made clear the Administration’s stance that there would be no “safe haven for those guilty of corrupt and criminal acts” as it is the Government’s vision to build institutions based on justice and integrity.

The passage of this particular piece of legislation means that public officials would be held accountable for their criminal actions. The passage of this legislation also saw the State Assets Recovery Unit (SARU) becoming the State Assets Recovery Agency (SARA).  The Act also deals with the establishment of the Recovery of State Assets Fund, civil recovery, and preservation of state property obtained through unlawful conduct and orders to assist investigation and international co-operation.

The need to combat corruption, Mr. Williams said, has resulted in Government embarking on a vigorous campaign to ensure that there is no safe place for corrupt persons to hide. He further noted that the legislation will, “send a strong message that corruption at any level will not be tolerated by this Government. Those who plunder stolen assets must not be allowed to profit from them.” On May 26, 2015 the Anti-money Laundering and Countering the Financing of Terrorism Bill was passed.  This brought Guyana into compliance with the requirements set out by the oversight body, the Financial Action Task Force (FATF). “Under the remit of the Legal Affairs came the AML/CFT and we were engaged in trying to get Guyana out of that black hole of both CFATF and FATF both of which we were able to do,” Minister Williams said.

The Caribbean Financial Action Task Force (CFATF) had developed an Action Plan with identified target dates to address the strategic deficiencies that existed in Guyana’s national architecture to combat money laundering and the financing of terrorism. Some of the requirements included enhanced due diligence measures; introducing enhanced reporting mechanisms or systematic reporting of financial transactions, among others, all of which the Government was able to address, bringing the country into full compliance.

A blacklist for Guyana would have meant imposed hardships on the population, with the halting of financial transactions with international financial institutions, which would not have augured well for the country’s economy.

The role of Commissions of Inquiry
Another important measure used by the Government of Guyana to ensure transparency and accountability is the setting up of Commissions and Boards of Inquiry, not only to weed out corrupt practices but to assist the Government of Guyana in improving the lives of workers and Guyanese as a whole.

To this end, a Commission of Inquiry into the Public Service was established in September 2015 to inquire into, report on and make recommendations on the role, functions,

recruitment process, remuneration, conditions and other matters pertaining to the personnel employed in the Guyana Public Service. The COI provided recommendations on the measures to improve the efficiency of the public service. This was also in keeping with President Granger’s call for a more efficient and satisfactory public service.

On March 10, 2017, recognising the importance of resolving land rights issues, President Granger established a Commission of Inquiry to examine and make recommendations to resolve issues and uncertainties surrounding the individual, joint or communal ownership of lands, along with Amerindian land titling issues. This matter had been a cause for concern for many years and Government recognising the importance of land to the people of Guyana established the COI to efficiently and formally address the concerns of all stakeholders.

The President said that “they have almost a sacred duty, not only to the Amerindians and Africans but to all Guyanese for generations to come to ensure that we go forward into the future without disputing what God has given us bountifully, the lands of this great country.”

A Commission of Inquiry had also been set up by the Ministry of Education to bring it up-to-date with the state of the current education system. The COI aimed to determine what is lacking and recommend measures that could be implemented to improve the education sector for persons countrywide.

Apart from those Commissions of Inquiry that sought to develop the lives of Guyanese, there were several established aimed an identifying irregularities in the  certain public offices, for instance, following allegations of drug procurement fraud in the Public Health Ministry, a Board of Inquiry was sworn in by the Minister of State, Mr. Joseph Harmon  to investigate, examine and report on the procurement and management processes by which the Ministry of Public Health awards contracts for the procurement of pharmaceuticals, services and supplies to bidders.

Judicial Independence

President Granger has expressed the sentiment that the supremacy of the Constitution, the legitimacy of Government, the efficacy of political democracy and the safety and felicity of Guyanese would be impossible without the existence of an independent judicature.

Speaking at the May 17, 2017 swearing-in ceremony of the Court of Appeal Judges, the President said that Guyana is a parliamentary democracy, committed to the rule of law and to the protection of the people’s rights and freedoms.  He noted that the judicature is fundamental to good governance because it protects the people’s rights and prevents the emergence of autocracy.

The Head of State noted further that the judiciary has a vital role to play in maintaining its independence. Judicial officers, he said must demonstrate the highest standards of impartiality.

“The Executive branch of Government of Guyana has no interest in interfering in the adjudicatory role of the judiciary.  The Executive has taken steps to ensure that the judiciary does not feel beholden to the government of the day. The enactment of the Fiscal Management and Accountability (Amendment) Act of 2015 provided, for the first time, for the financial autonomy of the judiciary in accordance with the Constitution. Judicial independence means that the judiciary must be protected from both private and partisan interests, such as from persons or pressure groups, and from the influence and control of the other branches of government,” he said.

President Granger said that “they must be rigorous in their research, conscientious in consideration of matters brought before them and cogent in their judgments.” He noted too that “it is an ineffable principle of justice that decisions should be based only on objective criteria, rather than on the basis of bias, betraying improper preference for one person or one group of persons over others.”

Reminding of the role of the Judicial Service Commission (JSC), the President pointed out that it “is expected to be the fearless custodian of the highest standards of judges’ personal conduct.
He noted that “the people of Guyana expect that those recommendations will emerge only from a dispassionate and objective process. Judges and magistrates are expected to be exemplars of high moral standards and personal propriety.”

The Government of Guyana remains committed to ensuring that Constitutional Offices are filled so that the rule of law can be effectively administered. Retired Justice Winston Patterson was sworn-in on May 17, 2017 as the new Ombudsman, a role which has been described as a protector and defender of citizens against injustices caused by maladministration, providing an important service to the public.

Justice Patterson assured that he will serve in the interest of the public.

Code of Conduct

The Government of Guyana does not only hold public officials and the members of other sectors to the standard of accountability and transparency.  Those two values, along with dignity, diligence, duty, honour and integrity combined make up the expectations that the current Government has set for itself.

In recognition of their roles as public officials and in keeping with the Government of Guyana’s promise a Code of Conduct was developed. The purpose of the Code of Conduct is to assist Ministers and Members of Parliament and Public office holders in the discharge of their obligations to their constituents and the public at large.

It provides guidance on the values; the moral qualities that should govern the conduct of Ministers and Members in discharging their Parliamentary and Public duties. It is also meant to reinforce public confidence in the way in which Ministers and public office holders perform those duties.

Prime Minister, Mr. Moses Nagamootoo, during an interview with the Press and Publicity Unit of the Ministry of the Presidency on May 31, 2017, said that the Code of Conduct is currently under review after several suggestions were made regarding the guidelines. Once this process is completed, the Prime Minister said that the next step would be for all public officials to declare their assets.

He noted that “the requirement goes beyond the declaration of assets; it is that they conduct themselves while in public office and even in their private capacity in a manner that has decorum and integrity and that conduct should be guided by the need for accountability and transparency.”

He noted that the declaration of assets is a demonstration to members of the public that these officials do not live above their means and it commands respect and leads the public to believe that the Government of Guyana has removed itself from the corruption that has been attached to Guyana for many years.

A proper Code and Integrity Legislation, the Prime Minister said, is intended to protect the public’s purse from theft, misappropriation and misspending of monies intended for the public good.  He said that “we are cheating the people of their social benefits of their own contributions, by way of taxation, by way of production, by way of investment, we are robbing the people of their entitlements and the entitlements are what we are trying to protect.

The Prime Minister expressed hope that all public officials would be guided by the seven Nolan Principles of public life, which forms part of the Code of Conduct. These principles include selflessness, integrity, accountability, objectivity, openness, honesty and leadership.

“One may ask whether the code of conduct is a hammer over the heads of those who hold high office, I think there is no coercion that I would want to place as a function of the Code of Conduct, it should be more or less a guide, it should be a light that is cast upon the role of persons holding public office,” the Prime Minister pointed out. He discredited those persons who may think that the Government of Guyana’s goal of corrupt-free officials is unattainable since he believes that the Coalition can deliver incrementally.

Corruption in any form stifles a country and depletes the moral fabric. A corrupt society is marred by criminality and becomes a hazard to its citizens, therefore the Government of Guyana; cognisant of this fact and with the commitment from President Granger and his Cabinet have embarked on a journey to ensure the country is governed in accordance with the rule of law.