Government should respect Lindeners’ constitutional rights by allowing them access to private TV and radio stations

Dear Editor,

Article 146 (1) of the Constitution of the Republic of Guyana provides for the protection of fundamental rights and freedoms of citizens and is the supreme law of the land and directs:

“Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.”

By insisting on maintaining the ‘one TV station‘ practice in Linden, this government is continuing a form of oppression in relation to the people’s right to receive ideas and information, especially when no other example exists anywhere else in Guyana. With information people are given an opportunity to become empowered, so as to make informed choices. Sad to say, however, attempt after attempt has been made in the past to ensure that the people of Linden are not given these opportunities, which is a clear violation of our constitutional rights.

While a recent government sponsored education channel is broadcast on Channel 10, and with the signing of an MOU between the state-run National Communication Network (NCN) and the Chinese embassy, which would allow for the airing of a 24-hour  CCTV channel, permission has been denied for almost a decade now to grant CNS 6 among other broadcasters, to set up relay towers to extend their signals to Linden.

Restrictions have also been placed on Cable TV, where service providers have been warned not to extend their signals beyond certain boundaries, or they will have their licences suspended. This not only interferes with the receiving of ideas and information, it also limits the service provider’s ability to expand so as to earn more.

Before the 2006 general elections, Lindeners Norman Chapman and Mortimer Yearwood had moved to the High Court, where they said that their fundamental rights were being breached by  not being able to have radio or TV broadcasts other than those from state-owned radio and TV. An application had been made to the National Frequency Management Unit (NFMU) for a TV and radio licence; however, in response to the application, the Managing Director of the NFMU, Valmiki Singh, said that the application would be placed on file and would come up for consideration at such point as sufficient progress had been made with respect to the enactment of broadcast legislation. However In 2008 the Chief Justice ruled that to deny the granting of new licences under the claims by the NFMU was a violation of Article 146 of the constitution. President Jagdeo at the time said that his government would have challenged the ruling by the Chief Justice.

Also in 2008 the Bharrat Jagdeo government with its majority in parliament denied a motion in the National Assembly, which called for wider television access in Linden, while at the same time attaching conditions for this to happen. The motion was to have the Assembly call on the government and the NFMU to permit operators of private television channels the right to relay and beam their signals to Linden, Wismar and other Region 10 communities, without having to attain additional licences and pay additional fees. The motion was defeated after the government used its majority.

The ‘one TV station‘ matter also featured notably in the ongoing Jagdeo v Kissoon court case, where consideration for a racial angle was introduced on the matter by Kissoon’s lawyers.

Despite the oppressive attempts cited above, what was obvious during the 2011 general and regional elections, was that even with the heavy bombardment of PPP/C ads on the TV (as was reported by the MMU), the people’s will to resist this modern-day repression was evident, and voters overwhelmingly rejected this backward practice treating NCN in effect like a mere irritation.
On behalf of the people of Linden and the wider Region 10, I call on President Donald Ramotar’s minority government, without conditions (as no such conditions exist anywhere else), to respect the constitutional rights of the people and end this oppression now, so that people are able to enjoy the freedom to receive ideas and information without interference.

Yours faithfully,
Sharma Solomon
Campaign Manager APNU, Region 10