With the Constitution Reform Commission bill set for debate in the National Assembly shortly, the government says that the process to revamp Guyana’s charter is expected to commence in earnest early next year.
The announcement was made by Minister of Parliamentary Affairs and Governance Gail Teixeira on Tuesday during the national stakeholders’ consultation on electoral reform.
“I should point out that this process that we’re going through today, which is dealing with electoral law, that is amendments to statutes is distinctly separate from the constitutional reform process, which will commence in early 2023. That bill for the composition for the Commission for constitutional reform, which is made up equally of members of political parties and civil society is on the order paper for the National Assembly when it meets after recess,” she said.
The National Assembly went into recess in August and the period ended on October 10.
Attorney General Anil Nandlall also said that both the government and Opposition parties have already committed themselves to a constitutional reform process which resulted in the bill being laid in Parliament back in August.
“The Standing Committee on Constitutional Reform met for several months, deliberated and came up with a formula of how constitutional reform will be done across the country. The vehicle will be a broad-based Constitutional Reform Commission comprising of 50% political directorate coming from the political parties in the National Assembly and 50% from civil society organizations,” he said.
He added that the Commission will do its work based on public engagements with citizens across the length and breadth of Guyana. Nandall noted that the exercise will put the entire constitution of Guyana under review with the Commission being independent.
“The constitution will be under review meaning from article one to the end and have the Guyanese populace consult, engage, discuss and offer recommendations in relation to those provisions. That process will, first of all, bring into focus some of what I understand is being expected from this engagement [statutory electoral reform]….When we take the constitution to the country, you go out there and you tell the Constitution Reform Commission [your recommendations] and get the people of Guyana to support you and those changes will be realized,” he said.
Soon after the PPP/C took office in August of 2020, Nandlall outlined the legislative agenda for his ministry and he had said that reform of the election laws and constitution were high on the agenda. In its manifesto, the party also promised constitutional reform.
The bill, according to its explanatory memorandum, provides for the establishment of the Constitution Reform Commission, its membership and terms of reference. It added that the membership of the proposed commission is diverse and the terms of reference and powers are broad enough to ensure that the process is conducted in a consultative manner.
According to the bill, the CRC shall consist of 20 members to be appointed by the President. The ruling PPP/C is expected to nominate five members, APNU+AFC four and the list joinder of LJP, ANUG and TNM is entitled to nominate one member. Additionally, the Bar Association, Labour Movement, National Toshaos Council, private sector, women’s organisations, youth organisations, farmers and each of the three major religions are all entitled to one seat each on the Commission. The bill provides for the President, acting in accordance with his own deliberate judgement, to appoint a Chair of the Commission. The commission is entitled to elect the deputy chairperson.
Clause 7 of the bill provides that in order to execute the objectives of the legislation, the Commission shall review the Constitution of Guyana, to provide for the current and future rights, duties, liabilities and obligations of the Guyanese people. In furtherance of that purpose, it shall receive, consider and evaluate submissions for the alteration of the Constitution and report its recommendations to the Standing Committee for transmission to the National Assembly.
In conducting the review of the Constitution, the Commission shall consider inter alia, the fundamental rights and freedoms of all Guyanese, the rights of women, children and the indigenous people, improving race relations and promoting ethnic security and equal opportunity and reforms relating to elections.
Additionally, the Commission shall ensure that the views of minorities in the decision-making process and in the conduct of Government are given due consideration. Further, the Commission shall consult with the widest possible geographical area, with as many persons, groups, communities, organisations and institutions as possible, including youth organisations, high school and university students, the private sector, professional bodies and the media.
After concluding its work, the Commission shall prepare a report, giving details of its recommendations and the reasons for those recommendations in a clear and comprehensive manner to enable the Constitution to be reformed and that report shall be submitted to the National Assembly.
The Commission will submit its report to the Standing Committee of the National Assembly on Constitutional Reform. The Committee is chaired by Nandlall and includes Minister of Education Priya Manickchand, Minister of Public Service Sonia Parag, Minister of Culture, Youth and Sport Charles Ramson Jr and parliamentarian Sanjeev Datadin from the government side of the National Assembly, and Aubrey Norton, Khemraj Ramjattan, Raphael Trotman, and Amanza Walton-Desir from the opposition side.
