Speaker of the National Assembly, Manzoor Nadir has disallowed a motion by the opposition calling for the current Government to retain the name of the “Ministry of Indigenous Peoples’ Affairs”.
“Your motion was disallowed by the Hon. Speaker. His Honour is of the view that the motion contravenes articles 101, 103, 106 and 107 of the Constitution of the Co-operative Republic of Guyana. Articles 101, 103, 106 and 107 give the President the authority to appoint his Cabinet, the Ministers, and to allocate portfolios which are published in the Official Gazette,” Clerk of the National Assembly Sherlock Isaacs wrote to APNU+AFC Shadow Minister Juretha Fernandes on October 21.
The response further notes that the Fiscal Management and Accountability Act, Chapter 73:02, Section 82, gives the Minister the power to amend the Schedule of Budget Agencies. It is accompanied by a copy of the Fiscal Management and Accountability Order No. 79 of 2020, published on September 23, 2020, which amends the Schedule to the Fiscal Management and Accountability Act.
Fernandes who had submitted the motion on September 1 to Parliament told Stabroek News that for her the response is untenable.
“That argument should have been made by the Government’s side of the House during a debate and not used to block the motion from even reaching the floor,” she contended, adding that she will raise the matter in the House again.
Fernandes argued that since the vast majority of the Indigenous population finds the name “Amerindian” offensive the opposition will continue to advocate on their behalf.
“We are speaking to the leaders throughout Guyana to bring a petition to the National Assembly for the name to be changed from Ministry of Amerindian Affairs to Ministry of Indigenous Peoples’ Affairs,” she stated while explaining that the motion was hoping to pre-empt the new name but since it was not debated in a timely manner new tactics are necessary.
In the motion Fernandes called on the House to record its “genuine concern and the concern of the Indigenous Peoples of Guyana” at renaming to the Ministry of Amerindian Affairs.
It referenced the Preamble of the Constitution of Guyana which refers to the First Peoples as “Indigenous Peoples”, The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which was adopted by the General Assembly on September 13, 2007 as well as an online petition which at the time had received 2,000 signatures.
The petition specifically asked that Minister Pauline Sukhai refer to her constituents as Indigenous Peoples, and not as Amerindians in executing all duties in her capacity as Minister.
“The generalized ethnic label “Amerindian” or “American Indian” is now an acknowledged misnomer resulting from the erroneous geography of Christopher Columbus, a label which has been perpetuated without the consent of Indigenous Peoples; a label which will continue to distort our histories and search for our lost and hidden indigenous identities. This historical blunder must end with us,” the petition argued.
Personal liberty
Also disallowed was a motion brought by APNU+AFC parliamentarian Tabitha Sarabo-Halley which called on the Assembly to declare that those subject to a police investigation or in the custody of the Guyana Police Force should be guaranteed personal liberty unless otherwise ordered by a Court of Law.
The brief motion reminded that Members of Parliament have taken and subscribed to an oath professing their allegiance to the People of Guyana and noted that Article 144 of the Constitution secures the protection of the law for every citizen while Article 149 guarantees protection from discrimination.
Consequently it argues that the Assembly should therefore resolve that citizens must be accorded the rights and protection guaranteed under the Constitution of Guyana at Article 139 (3) and (4) and that the Guyana Police Force must at all times act in accordance with the Laws of Guyana Police Act Cap 16:01 Section (20) and (21).
The Article and Sections of law referenced both address the right to personal liberty of a person arrested but not convicted of a crime. These persons have the right to be presented to a magistrate to face charges as soon as practicable as well as the right not to be unduly detained unless so ordered by a Court.
