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Op-Ed: Guyana – a land of many CoIs

The Commission of Inquiries Act empowers the President to commission an inquiry into any matter of public interest. Historically, this power was sparingly used. Whenever invoked, it was in rare and exceptional circumstances. However, under this Coalition Government, we are witnessing a wholly new approach. In 2½ years, we have had more Commissions of Inquiry than in any period of our history as an independent nation.

We have had one in relation to the Education Sector; one in relation to GUYSUCO; one in relation to the Public Service; one in relation to Amerindian + freed African slaves land issues; we had one in respect of an abandoned aircraft found somewhere in Region 9; one is soon to be launched into whether the Guyana Police Force adequately and properly investigated an alleged plot to assassinate the President; we had one in respect of Camp Street Prisons Fire which claimed the lives of 17 persons over a year ago. And I have no doubt there will be one in respect of the latest tragedy at the Camp Street Prisons. This list is not by any means exhaustive. However, even with what I have enumerated, this would be world record for any Government in a 2½ years period.

COI’S DO NOT COME CHEAPLY
It is a fact of public notoriety that COI’s do not come cheaply. Commissioners are normally highly paid and the other administrative and logistic expenditures are exorbitant. We know the one into GUYSUCO cost taxpayers over 80 million dollars. If this is the barometer to be used then these COI’s are bleeding the treasury and costing the taxpayers hundreds of millions of dollars.

The question is: is this a prudent use of public funds? For me, this question must be answered in the negative. In my view, most of these tasks can be or could have been undertaken by government/state agencies whose statutory mandates are to do exactly the same, overlooked or supervised by a subject Minister with line responsibility and who is answerable to the public and the National Assembly for the efficient discharge of their functional responsibilities. After all, these ministers have increased their salaries by 50% and some of them are living in fully air conditioned mansions with swimming pools which are costing taxpayers $500,000 per month in rent.

In any event, many of the Reports which emanate from these COI’s are either not implemented and are ignored or, are not shared with the public, or even laid in the National Assembly. We know that the GUYSUCO COI did not recommend closure of estates. Yet estates are being closed. The Report of the COI into the prisons riots last year has never been seen by the public although public monies are paid for these initiatives. Only yesterday it was given to Parliamentary Committee. This is far from the acceptable and accountable governance which the population was promised by the APNU+AFC.

SINECURE APPOINTMENTS
The other worrying factor is that these COI’s provide lucrative employment opportunities for political sinecure appointments of cronies, almost all of whom are well past their retirement age, thereby denying our young and educated people job creation opportunities. This contracting-out of work, which are the responsibilities of persons who are already being paid to do them, to cronies, without any transparent and competitive method of recruitment, is a new form of corruption which must be stamped out immediately.

Now to the Camp Street tragedy. Are Ministers no longer responsible for what transpires in their sector? I vividly recall when the Linden tragedy occurred in 2012, the APNU+AFC,while in control of the 10th Parliament, gunned for Clement Rohee’s head as the subject Minister. They gagged him from speaking for over a year in the National Assembly. I was forced to approach the High Court for redress. My learned friend, Mr. Khemraj Ramjattan, led the charge against Minister Rohee. I recall in a motion which was debated in the National Assembly, he and his colleague, Cathy Hughes, treated the National Assembly to a treatise on the British convention of “Ministerial Responsibility” and its applicability to Guyana. Copious examples were cited from around the world and long quotations were extracted from text books from the English speaking Commonwealth on this issue.

Indeed, President Donald Ramotar was given a 48 hours ultimatum to dismiss Minister Rohee. When that did not happen,violence and mayhem erupted at Agricola Public Road. Clement Rohee did not resign and indeed, was exonerated by a COI. Are these very principles now not applicable to Minister Khemraj Ramjattan? Do the APNU+AFC no longer subscribe to the concept of “Ministerial Responsibility” for which they so passionately prosecuted Rohee in the 10th Parliament.

SEPARATION OF POWER
Interestingly, on what basis did Minister Ramjattan, a Member of the Executive, instructed Magistrates to grant bail to dozens of prisoners? The granting of bail is a purely Judicial function over which the Executive has no say in accordance with the doctrine of separation of power. The matter is further complicated by Minister Ramjattan exercising a statutory power and releasing over 300 or 90 prisoners( the figures keep changing ). To date, no one knows what criteria was used to release these prisoners.
Then there is a disturbing report in the Chronicle Newspaper that doors of certain prisons cells were left open. How did this happen? Most importantly, how did certain prisoners got access to firearm so quickly? What is the status of the records of the prisoners? Were they destroyed in the fire or were they kept at some other location? I am baffled by a statement emanating from the mouth of the President that the Camp Street disaster was “an accident waiting to happen”. Did the President have prior knowledge of this and yet waited for it to happen?

These are all questions for which they must be forthright public answers. We do not need another COI to have these questions answered. The Prison Authorities, Minister Khemraj Ramjattan and President David Granger are in a position to provide these answers forthwith. They must do so as soon as possible. Nothing less will suffice.
ANIL NANDLALL, PPP/C MP

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