Dear Editor,
The operationalization of the Local Government Commission remains yet another of the many unfulfilled pledges/promises of the APNU+AFC government.
1)The PPP/C did establish the Ministry of Local Government and Regional Development and the Ministry of Amerindian Affairs in order to guide and support the work of local democratic organs across our country, namely, the regional democratic councils, the municipalities, the neighbourhood democratic councils and the Amerindian village councils. In this regard, we at the Ministry of Local & Regional Development were guided by existing legislation even as we worked with the then opposition political parties now in government to bring realization to the local government legislative reforms agreed to by the PPP/C and the PNCR after the December 1997 general and regional elections.
Aware of the contentious issues and concerns of the local authorities and residents within the various areas, we sought to train staff and work with them to realise the desired improvements. We were aware of the concerns and criticisms emanating from the opposition, some local authorities and residents even as we worked to address allegations of incompetence, lethargy, corruption, over staffing, poor quality staff, discrimination in employment practices, etc. This was in addition to accusations that the Minister of Local Government had too much ‘power’ and exercised too much authority and control over the operations of local authorities.
2) We determined to address these concerns by way of the Local Government Amendment Bill, the Municipal and District Councils Amendment Bill, the Fiscal Transfers Bill and the Local Government Commission Bill. Many would recall that the opposition PNCR/IG though it did very little to facilitate the work of the task force set up to work on these pieces of legislation, was very vocal and demanding as they harangued and harassed the PPP/C government to bring the required legislative reform package to Parliament. Many are of the view that they were not serious; have never been serious. On the contrary, they set out to deliberately fail the PPP/C government. That they did not succeed is due in no small measure to PPP/C vigilance and support.
3) One reform required that Parliament establish a Local Government Commission, which “shall have power to deal with all matters relating to the regulation and staffing of local government organs including employment and dismissal of staff and with dispute resolution within and between local government organs…”
The commission, once established, would take over most of the current oversight role/functions exercised by the Minister of Communities, and will oversee not only municipalities and NDCs but also RDCs and Amerindian Villages. The Act states, at Clause 13. (5): “In the discharge of its functions the Commission shall have regard to the provisions of the Municipal and District Councils Act (Cap. 28:01), the Local Government Act (Cap. 28:02), the Local Democratic Organs Act (Cap. 28:09), the Amerindian Act 6 of 2006), and any other provisions bearing on matters of local government.”
The Bill to enable the establishment of the Local Government Commission was passed in the National Assembly in August 2003 and assented to by President Donald Ramotar.
4) Several months ago, the opposition PPP/C submitted the names of its three commissioners to sit on the commission. The Minister of Communities is yet to name ‘one member after consultations with Local Democratic Organs’, while the President is required ‘acting in accordance with his own judgement to name and appoint three members’. He is yet to do so. What is preventing the government from announcing its own members and activating the commission? Is it that they can’t find a suitable building to accommodate the Commission? At the local government elections, the government was startled by the fact that the PPP/C enjoyed the support, confidence and trust of a significant number of the voting population. After all, the PPP/C won 48 of the 71 LAAs and in all likelihood, will win 5 of the 6 tied LAAs when the by-elections are held. This is coming from the very politicians who while they were in opposition would have Guyanese believe that they were keen and excited about local democracy prevailing. So much for genuine cries of transparency, accountability, good governance coming from the government.
5) The Mayor of the Linden Municipality sends the Town Clerk of that municipality on leave, a power that is vested in the Local Government Commission and, in the absence of the commission, the minister; not the mayor or the council. The mayor or council can only recommend such action to the minister. The Town Clerk of the Georgetown City Council removes vendors without the required direction or approval of the council. He clearly does not understand or perhaps does not appreciate that his role is administrative and advisory.
6) For the PPP/C the Local Government Commission would, by addressing inter alia, issues of administrative incompetence, over-staffing and poor quality staff improve the quality of service the local government organs provide. Does the government share this view? Or must we view their political machinations as another attempt to deny Guyanese the good life? It seems to me that the interests of the Guyanese people are now secondary to the APNU+AFC’s own selfish interests and, in this regard, the activation of the Local Government Commission does not command the urgency that the rest of us seek, or perhaps, is now viewed as an encumbrance.
Recall that at first the government did speak of non-interference in local authorities. That has definitely changed. The President now speaks of “playing a major role in the activities of the council and in the revenue earning measures”. What does that mean? Usurping the role of the commission?
6 On Dec 31, 2015 Minister Bulkan told the Stabroek News that “the long awaited Local Government Commission is expected to be put in place in March 2016”. On May 14, he was reported as saying it would become operational by next month, but it is yet to become a reality.
7) The operationalization of the Local Government Commission requires a Commencement Order issued by the Minister of Communities which is gazetted before it comes into operation. Until this happens, the powers of the commission continue to be exercised by the Minister. Indeed, many Guyanese are of the opinion that the APNU+AFC government has determined that the powers of the Local Government Commission should remain vested in the Minister. The PPP/C says: Let the Local Government Commission be established.
Yours faithfully,
Norman Whittaker
