Truly independent institutions needed for Guyana to flourish

Dear Editor,

If you want to predict the growth and development of a country, just look at its institutions. The economic historian and Nobel Laureate, Douglas North, has long argued the importance of institutions in shaping political, economic, and social progress. In its broadest sense, institutions encompass both informal controls (e.g. customs, traditions, and code of conduct) and formal rules (e.g. constitutions and laws). In a narrower focus, institutions refer to credible independent agencies and commissions created to strengthen constitutional democracy and promote good governance through openness, transparency, and public accountability.

In Guyana, there is no shortage of constitutional agencies and commissions mandated to promote good governance and protect and enhance the fundamental rights of all Guyanese. What is absent, however, is a lack of independence in fact and appearance. This is because many are wholly controlled by the government of the day and thus are seldom free from political influence in one form or the other.

In developing countries, there has always been a lack of trust when it comes to the function and performance of government institutions which are often stacked with political and pseudo-political types. This election cycle has sharply reminded us that Guyana is no exception. How else do you explain the actions of the Guyana Elections Commission (GECOM) or that of the Secretariat? 

As the constitutional agency charged with the administration and conduct of elections in Guyana, it was reasonably expected that this agency would act in good faith when it comes to the rights of Guyanese to elect a government of their choice. However, as this extended election season has shown us, this is certainly not the case. For over three months, the very agency tasked with guaranteeing free, fair, and credible elections has been at the forefront of the efforts to subvert the will of the people. The scathing report from the high-level CARICOM Team pulled no punches in its assessment of GECOM and the latest ploy to delay the declaration of the results sums it up.

While GECOM is currently the poster child for all that is wrong with independent institutions in Guyana, it is not the only entity that has been under the microscope during this prolonged election cycle. The Guyana Police Force (GPF) has been under pressure to co-operate with the government of the day and hence has shown its partisanship as it relates to the removal and reassignment of Assistant Commissioner of Police (ACP), Mr Edgar Thomas, the handling of protestors, and the handing over of inaccurate immigration records to GECOM. At times, even the independent judiciary appears to be faltering around the realm of politics. For instance, several rulings during this period have been incoherent and unclear leaving much room for interpretation by even an untrained and/or least gifted legal mind. And then there is the Court of Appeal entertaining a case where it has no jurisdiction at this juncture.

So, where do we go from here? In recent times, the call for shared governance has increased across many circles. However, shared governance in itself is not a panacea for all that is wrong in Guyana. While it may lead to the sharing of the spoils among the political elite, it does very little to instill confidence in ordinary Guyanese that the institutions charged with good governance and the protection of their fundamental rights will be any better. Then there is the suggestion that all State Boards and Commissions be chaired by the opposition. Given Guyana’s toxic political divide especially following these elections, this is a recipe for disaster. With opposition controlled State Boards and Commissions, nothing will ever get done since it is not in the opposition’s political best interest. If there is any doubt, we just need to refer to the Tenth Parliament where the combined opposition had a one-seat majority.

  While the new government will certainly have its hands full with COVID-19, an empty treasury, and a struggling economy, at some point in the not so distant future, it will need to work with all stakeholders to overhaul many of these state agencies and institutions either operationally and/or through constitutional reform. Failure to do so will only result in greater distrust and lack of public confidence in the institutions and people charged with protecting and promoting our fundamental rights.

For Guyana to flourish, we have no other choice than to depoliticize many of these institutions. We need strong independent institutions outfitted with professionals whose collective moral fortitude represents a paragon of ethics never before seen. If there is one positive to come out of this election fiasco, it is the many young, intelligent, and independent-minded Guyanese whose primary interest is to build a more just and equitable society for all Guyanese to enjoy. Many of them will make fine candidates.   

Yours faithfully,

Omchand Mahdu