Dear Editor,
A constitution is dead at its heart unless it is activated by the people. This nation benefited from significant constitutional reform in the post-1997 elections period with millions of dollars spent and the citizens involved in the process through the widest consultations. Yet we continue to hear calls for constitutional change by the very lawmakers and public officials who played a role in modifying the constitution, and who have failed to give it a chance to work or used the judicial arm of government to test it in our “collective quest to create the perfect nation,” as per the Preamble. Instead we are witnessing constitutional violations by elected officials or delivery of substandard service under the guise that the constitution hinders better performance.
Regardless of what one may think, the constitution is paramount, and it must be honoured and respected by every citizen, bar none. This country needs to see those placed in a position of privilege using this instrument in defence of and protecting citizens.
In its present form the constitution protects citizens’ fundamental rights and freedoms, makes clear the separation of powers, mandates guidelines for accountability by public officials, and outlines how the nation’s resources should be managed – all of which offers a good starting point to get to work. And persons must be held accountable to these standards.
The court is once again asked by the PPP to adjudicate on a legislative decision – the 2012 Budget cuts – and this augurs well for the nation. As per our constitution it is the judiciary’s responsibility to pronounce on the interpretation of the law and it must be allowed to work. In fact, this parliament strengthens the independence and the checks and balances of each branch of government – executive, legislature and judiciary – and moreso enhances their diverse views. In so doing, when refined, this will provide a better product in moving the process of governance further. Governance is about politics and politics is about people and people’s development. Unfortunately as the PPP activates its propaganda that the framers of the constitution never intended the parliament to have such oversight over the executive, it ignores critical components of the framers’ intent.
One, the framers did not make the president the supreme authority of the land as the PPP tells this nation; they made the president the “supreme executive authority” (Article 89). Two, the framers made parliament the nation’s supreme organ (Article 50), placing the power back into the hands of the people, to chart a course for their collective development. As such, ours becomes the responsibility and duty to make it work and we must at all times seek to do so.
It would have been reasonable to expect that with the approval of the majority of the budget based on the executive‘s justification of it, the deficient areas noted for amendment would have been attended to. It is the executive‘s primary responsibility to convince the legislature that its programmes and projects are to the benefit of the nation and its peoples, have been done within the framework of the law, and are deserving of approval for the requisite funding.
It is not the legislature’s responsibility to condescend to the executive since parliament is designed to ensure oversight responsibility for the management of the nation’s resources and the protection of the people’s well-being in all ten administrative regions, through their national representatives.
Further, the president by virtue of Articles 51, 67(1) and (2) has a role to play in parliament by attending and addressing the House and sending messages. In this arena it is one of mutual respect for position of authority and responsibility and such must be honoured to the letter.
But this nation is reminded every day that personal responsibility and self accounting/ correcting do not come easily to the PPP/C, which only acts when there is a vehement and sustained public outcry. The PPP leadership continues to demonstrate to this nation that democracy for them means absolute control and doing as they please, including violating the laws and trampling citizens’ rights, which poses a threat to all.
If we are to change this destructive course, this Parliament must assume an activist role and partner with the citizenry to achieve results. Its historic composition comes with a unique responsibility and duty to ensure its tenure is positively recorded. Every parliament is allowed its own stamp on governance, as is evident in Article 165 (1), where “Subject to the provision of this Constitution, the National Assembly may regulate its own procedure and may make rules for that purpose.” Thus far the motions brought by the opposition are encouraging and can be regarded as the first step towards strident action in restoring good governance and social justice.
The society expects intensification and quickening of these steps and such expectations are reasonable and just.
Consistent with Article 171 (1) of the constitution any member can bring motions, petitions and bills to parliament. Let these bills be forthcoming, debated and approved by the House, then forwarded to the President to sign into law.
Let the motions and petitions flow to address burning issues. Let the citizens’ legitimate and constitutional desires to “create the perfect nation” be advanced in this parliament. And President Ramotar, as Chief Public Servant, must be given opportunities to demonstrate his commitment to the oath he has taken to uphold the constitution and serve this nation and all its people, without fear, favour or ill will.
Further, Leader of the Opposition David Granger is urged to rethink his calls for the President to act on various issues, since the responsibility also lies with him to address the areas in which he seeks the President’s involvement, and which can be achieved via the parliament. The opposition should also examine the establishment of parliamentary commissions to investigate public officials’ conduct and the management of state entities. The much awaited inquiry into the 2002-2006 mayhem, plundering of state resources, scams, scandals, and denial of citizens’ constitutional rights are areas deserving of attention and strident action.
Our collective well-being is vested and protected in the constitution which remains our single most important instrument to hold all accountable in furtherance of equitable development and peaceful co-existence. Achieving this requires an ever vigilant civil society and activist parliament. Together this nation can and must succeed!
Yours faithfully,
Lincoln Lewis
