No one should have access to the powers contained in the constitution

Dear Editor,

Pastor Wendell Jeffrey’s recall of his encounter, some time in 2012, with ‘PNCites’ was not surprising but still disturbing (‘Constitutional reform will not happen soon’ SN, June 1). According to Pastor Jeffrey, “…the general consensus that night from the PNCites was that nothing was wrong with the constitution but rather, those who were managing the constitution. The PPP was in power at the time”.

A most disturbing thing about the story as related by Pastor Jeffrey, is that there are people who appear unwilling to accept the implications of experience, and who choose to ignore reason and logic. Presumably, when it comes to use of the powers in Guyana’s constitution,  the PNCites would have us imagine that PPPites are not be trusted with its power; however, conversely,  that PNCites are angels whom we should trust with said powers. Really!

There are too many good reasons why the constitution must be further changed. The first problem is the responsible use of power. Power in the hands of people who do not appreciate why it is necessary to severely restrict access to the constitution’s vast powers that they either do not need or cannot use responsibly, should mean that they cannot be trusted with such powers.  In its present construction the constitution is an instrument facilitating impunity; the persistence of authoritarianism; a licence for the abuse of power and a danger to the freedom of all the citizens of Guyana.

Second, Guyana is not a country with a deep-rooted culture of compliance. Indeed, it may be much worse than it appears. One source of trouble is the disregard for the rule of law. There may be a whole generation which appears to have no use for the well-established benefits to society of the rule of law. Their understanding appears to be that government has power to make policy and can act on such policy, in spite of the constitution and the country’s laws. We would therefore encourage those with a disdain for the rule of law to look around; the world is full of basket-case countries. They will find that one of the common denominators is the absence of the rule of law.  They will discover that where the rule of law is not triumphant impunity and chaos reign; in part, this appears to be Guyana’s experience. In the absence of a culture of compliance the country could be in permanent crisis.

Third is the relationship between institutions and human behaviour, which some people may choose to ignore.  It seems that ‘they’ believe, either that the constitution is not a cause of some of Guyana’s disasters, or, that it is easier to play hypocrite.  The implication of the constitution’s powers is that humans can be trusted with those powers. This is not true, whether the humans are PNCites, PPPites, APNUites, AFCites or WPAites. Therefore, a nation’s founding document, and indeed its entire corpus of norms, must severely restrict the scope for people’s inclination to misuse power.  One way to contain abuses is to ensure no one has access to such powers.

What happens when the PPP is returned to power, and it will? PNCites once thought that they would be in power forever. PPPites should have asked this very question while they were in power. Instead they are now in opposition, and “worry that their voices will be muzzled in Parliament” or about “things being rammed down their throats” and complain every day about the APNU+AFC abuses against them.

The PNCites, PPPites and all the other ‘ites’ should boldly change the constitution,  guided by fundamental principles such as ‘all men are created equal with inalienable rights’. Key provisions should be reconfigured based on the ideals of freedom, and should include the toughest safeguards to limit future abuse of power. They could save themselves and Guyana from further disaster and suffering. They should become ‘the men/women in the mirror’ and agents that flow with the tide of history, not against it.

Editor, it really matters what the political class believes.

Yours faithfully,

Ivor Carryl