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Policy Position

Meeting Between Mr Bharrat Jagdeo, President of the Republic Of Guyana and Mr Robert Corbin, MP, Leader of the People’s National Congress Reform/ Leader of the Opposition Office of the President, Friday 2nd and Monday 5th May 2003

Mr. Bharrat Jagdeo, President of the Republic of Guyana, and Mr. Robert Corbin, MP, Leader of the People’s National Congress Reform and Leader of the Opposition, met on Friday 2nd and Monday 5th May 2003 at the Office of the President to discuss and resolve a number of issues of national importance. The discussions were held in an atmosphere of seriousness, born of their recognition of the need for their determined commitment to find solutions that are in the interest of all of the people of Guyana. They accepted the challenge for the immediate resolution of these issues, which go to the heart of Guyana’s socio-economic and political development and made a firm commitment to the timetable for the expeditious implementation of agreed solutions. They concluded that an on-going approach, based on their ‘Constructive Engagement’, would be beneficial for the long-term social, economic and political development of Guyana.

1. Parliamentary and Constitutional Reforms.
President Jagdeo and the Leader of the Opposition, Mr Corbin concluded that the implementation of agreed parliamentary and constitutional reform is vital for the strengthening of the institutions necessary for a functioning democracy and the creation of conditions for peace, development and economic growth.

1.1. The Appointment of the Seven New Standing Committees of the National Assembly.
They recognised that the appointment of the seven (7) new Standing Committees of the National Assembly will mark a historic step in the evolution of Parliamentary Democracy and inclusivity in Guyana. The National Assembly will now have, apart from the existing five (5) Sessional Select Committees, including the Public Accounts Committee, a total of twelve (12) functioning committees. Therefore, Members of Parliament will now be required to undertake, outside of the Sittings of the National Assembly, a substantially increased volume of on-going work in the Committees of the National Assembly. These should enhance the environment for the improvement of the scope and quality of governance

1.1.1. The Parliamentary Management Committee.
They agreed to the composition and appointment of the Parliamentary Management Committee, in accordance with Section 3(h) of the St Lucia Statement of 1998 July 2. Accordingly, they took note of the fact that the Motion for the establishment of the Parliamentary Management Committee was debated and approved by the National Assembly at its sitting on Friday 2003 May 2 (Att. 1).

1.1.2. The Four Sector Committees.
In accordance with Article 119B of the Constitution, President Jagdeo and the Leader of the Opposition, Mr. Corbin agreed to the composition of each Sector Committee would be 4 PPP/C and 3 Opposition representatives with each side allowed the appointment of one (1) Alternate for each Committee who would be able to attend meetings of the Committee in place of a primary representative. They also agreed the immediate appointment of the Sector Committees to be responsible for Natural Resources, Economic Services, Foreign Relations and Social Services and that the Chairpersons of the Committees would alternate annually with two (2) Committees each to be chaired by the PPP/C and the PNCR, respectively. In addition, they approved the Terms of Reference and the Allocation of Gazetted Ministerial Responsibilities between the four Committees and agreed that a Motion should be prepared immediately for inclusion on the Order Paper within two weeks from today’s date for the approval by the National Assembly (Att. 2,3).

1.1.3. The Appointive Committee.
In accordance with Article 119C of the Constitution, President Jagdeo and the Leader of the Opposition, Mr. Corbin agreed to the composition and appointment of the “Standing Committee to address matters relating to appointment of members of Commissions established under the Constitution”. They approved the terms of the Motion setting out the modalities for enabling this Committee to discharge its functions as mandated by Article 119C. They also agreed that the Motion would be placed on the Order Paper for the Thursday2003 May 8 Sitting of the National Assembly for approval (Att. 4).

1.1.4. The Constitutional Reform Committee.
The President and the Leader of the Opposition agreed to the composition and appointment of the Constitutional Reform Committee, in accordance with Article 119A of the Constitution. Each Party has submitted the names of its representatives for this Committee. They recognized the importance of this Committee for keeping the constitution under on-going review and reform to strengthen and deepen the democratic process.

1.1.5. The Strengthening of the Capacity of the Parliament Office to Service the Committees and the Assembly as a Whole:
President Jagdeo reaffirmed his Government’s commitment to immediately providing the necessary financial, human and other resources, within the capacity of the National Treasury, for the effective functioning of the National Assembly.

1.1.5.1. Increasing the Administrative Capacity of the Parliament Office.
The President and the Leader of the Opposition both accepted that the appointment of the seven new Standing Committees, to function alongside the existing five Sessional Select Committees, together with the strengthening of the functioning of the National Assembly through the appointment of the Parliamentary Management Committee, will require increased budgetary resources in 2003 to meet the operational and other needs of the National Assembly. The President undertook to ensure that such resources are provided in a timely manner to underwrite the smooth and effective functioning of the National Assembly.

President Jagdeo and the Leader of the Opposition, Mr. Corbin, also noted the initiatives already taken to ensure that the administrative capacity of the Parliament Office is adequately strengthened. This is evidenced by the following documents which the Speaker made available to the Opposition:
By letter dated 2003 March 28, entitled: “Reorganisation of Parliament Office”; and
By letter dated 2003 April 1, entitled: “Activation of Commissions, Standing Committees, etc.”

They also agreed that, as a matter of priority, the Parliamentary Management Committee will undertake the on-going review of the capacity of the Parliament Office to discharge its functional responsibilities to the National Assembly.

1.1.5.2. The Provision of Research and Documentation Support for the Work of the Committees.
The President and the Leader of the Opposition agreed that the Parliament Office would provide adequate professionally qualified, experienced and competent Research and Documentation staff support as essential needs to facilitate the effective functioning of all of the National Assembly Committees. This would include the early appointment of a Research Coordinator supported initially by two professional researchers qualified in disciplines to be determined by the Parliamentary Management Committee. In addition, a bank of at least 6 computers connected to the internet would be urgently procured and installed and made available, on an “open access” basis, for MPs to conduct “searches” during and after normal office hours.
They also agreed that these arrangements would be kept under on-going review by the Parliamentary Management Committee.

1.1.5.3. Remuneration of MPs and Administrative and Logistical Support for Regional MPs:
President Jagdeo and the Leader of the Opposition, Mr. Corbin, recognising the increased workload now required of Members of Parliament, agreed that this matter would receive urgent attention and resolution.

1.1.5.4. Physical Facilities within the Public Building:
The President and the Leader of the Opposition accepted the need to enhance the physical facilities available at the National Assembly to support the work of the Committees and the Assembly as a whole. In that context, they noted that the Speaker had already taken the initiative to identify some of the possible options for the enhancement of the facilities of the National Assembly.

They agreed that the proposals from the Speaker should be submitted to the Parliamentary Management Committee for urgent consideration and recommendation.

1.2. The Appointment of the Constitutional Commissions:
President Jagdeo and Mr Corbin, Leader of the Opposition, noted that the members of the Ethnic Relations Commission had already been sworn in.
They also agreed that immediate steps are being taken to have all of the outstanding Constitutional Commissions appointed including the Service Commissions, the Public Procurement Commission, the Human Rights Commission, the Commissions for Women and Gender Equity, for the Indigenous Peoples and for the Rights of the Child.
Those steps include the election of the Leader of the Opposition, the tabling of the Motion identifying the modalities for the discharge of the functions of the Appointive Committee and the tabling, within the next two (2) months, of the Fundamental Rights Bill after consultation with the religious community for approval by the National Assembly.
It was also agreed that the Government should take steps, in accordance with Article 212 I, to establish the Human Rights Commission Secretariat that “shall be the Secretariat for all the Commissions established under Article 212 G (1)”.

1.2.1. Establishment of the Ethnic Relations Commission:
President Bharrat Jagdeo and the Leader of the Opposition, noted that the establishment of the Ethnic Relations Commission provides a national institutional mechanism to address concerns about racial discrimination and ethnic insecurity that should help to create the necessary conditions for harmonious relations among all of our peoples and remove a major factor that contribute to instability and tension. They agreed that the work of the Commission must at all times be impartial, professional, sensitive and conducted in the interest of the nation as a whole.
They also agreed that the Parties would work to facilitate the appointment of the Ethnic Relations Tribunal and the Secretariat for the Ethnic Relations Commission as required by , article 212 B (5) of the Constitution, within the next two(2) months.
It was reaffirmed that, as soon as the Commissions for Human Rights, Women and Gender Equity, the Indigenous Peoples and the Rights of the Child are appointed, a Nominee, without the right to vote, from each of them will be appointed to the Ethnic Relations Commission.
1.2.2. The Appointment of the Public Procurement Commission:
President Bharrat Jagdeo and the Leader of the Opposition, Mr. Corbin discussed the need for the transparent and efficient conduct of public procurement of goods and services by the State. They agreed that every effort should be made to expedite the early appointment of the Public Procurement Commission since its effective functioning will have a beneficial effect on the efficacy and control of expenditure management for the state.
The President and the Leader of the Opposition, Mr. Corbin, confirmed that, in accordance with Article 212X (1) of the Constitution, “The Public Procurement Commission shall consist of five members who shall have expertise and experience in procurement, legal, financial and administrative matters.” Article 212X (2) mandates that, “The President shall appoint the members of the Commission after such members have been nominated by the Public Accounts Committee and approved by not less than two-thirds of the elected members of the National Assembly.”

They agreed that both Parties would submit their list of persons who are eligible and qualified to the Public Accounts Committee for nomination by Friday 2003 May 16.
The Procurement Act 2002 (Act No. 6 of 2002), which was assented to on 2002 June 28, will be amended shortly. The amended Act will be submitted for scrutiny and review by the Public Procurement Commission when it is appointed.

1.2.3. Appointment of the Chairperson for the Human Rights Commission:
President Bharrat Jagdeo and the Leader of the Opposition, Mr. Corbin, agreed that since the election of the Leader of the Opposition had taken place, the process for the appointment of the Chairperson of the Human Rights Commission could now be urgently completed.

1.2.4. The Appointment of the Commissions for Women and Gender Equity, Indigenous Peoples and the Rights of the Child:
President Bharrat Jagdeo and the Leader of the Opposition, Mr. Corbin, in recognition that the nomination and appointment of Commissioners for the Commissions for Women and Gender Equity, the Indigenous Peoples and the Rights of the Child. require the National Assembly to agree a Consensual Mechanism, agreed the text for the Consensual Mechanism and directed that a Motion should be placed on the Order Paper for the Sitting of the National Assembly within two weeks of today’s date.

2. Implementation of the Decisions of the Bipartisan Committees:
The President and the Leader of the Opposition reviewed the Jagdeo-Hoyte dialogue process, particularly with regard to the joint decisions of the six (6) bipartisan committees. They, accordingly, agreed to the following:

2.1. National Policy on Land and House lots Distribution:
The Policy Paper, tabled by the Minister responsible for Housing and Water on 2002 May 9 in the National Assembly, was discussed. It was agreed that the Minister would amend the Paper to fully meet the Guidelines set by the National Assembly which require the Government to:
Submit clear, transparent and equitable national criteria for the distribution of land and house lots.
Establish an independent statutory body to:
Monitor the distribution of land and house lots to ensure that it is undertaken in compliance with the national criteria.
Investigate complaints, including complaints about discrimination in the
distribution process.
Provide adequate redress in proven cases.

They agreed that the Paper would be amended and re-tabled in National Assembly by 2003 June 5.

The President gave the undertaking that, when the Policy Paper is debated and accepted by the National Assembly, the government will implement the decisions of the Assembly in a time frame to be developed and agreed with the Leader of the Opposition.

2.2. Local Government Reform
The President and the Leader of the Opposition agreed that since the Bipartisan Committee was unable to complete its work and submit its final report before the expiry of the deadline set for the completion of its tasks, the Committee would be re-established and mandated to complete its tasks within the period of three months. The outstanding tasks include:
Giving priority to the electoral system to be used for future Local Government Elections.

Developing a suitable system and appropriate procedures for compulsory annual fiscal transfers to the local government organs.

Determining the Terms of Reference for an independent constitutional Local Government Commission.
It was also agreed that Legislation for the implementation of all agreed local government reforms would be prepared for presentation to the National Assembly within six (6) months of the conclusion of the work of the Committee.

2.3. Depressed Communities Needs.
President Bharrat Jagdeo and the Leader of the Opposition, Mr Corbin, agreed that:
All of the projects for the Phase I Communities have been completed.
G$60Mn is immediately available for Phase II projects.
The Leaders also agreed that the Committee would, within a month, provide a list of depressed communities, including those that were identified in the Report of 4th June 2003, from which they would identify those for implementation in Phase 11.

2.4. Radio Monopoly and Non Partisan Boards.
The President and the Leader of the Opposition agreed to the following:
In accordance with the guidelines agreed to by the joint Committee in its final report the appointment of non-partisan Boards of Directors of the state-owned media and the NFMU was approved and would be implemented within four (4) months.
• The draft broadcasting legislation which will include provisions for the creation of a National Broadcasting Authority, would be ready for consultation with two (2) months and be laid in the National Assembly within four (4) months from 1st May 2003
• Equitable access (based on Parliamentary representation) to the state-owned media by all Parliamentary Parties (as distinct from government) would be instituted without undue delay.
• The independent National Broadcasting Authority would be the licence issuing authority for all “commercial” licences for commercial frequencies for radio and television.
• The NFMU would be responsible for providing technical advice to the NBA for the granting of commercial frequency licences.
• The Interim Broadcasting Committee would be disbanded immediately the NBA comes into existence.
• Taking into consideration the options presented in the final report of the Joint Committee, the relationship between the NFMU and the NBA will be determined after the consultation on the draft broadcasting legislation.
• There would be a freeze on the granting of all new commercial frequencies for television and radio by NFMU until such time as the new broadcasting legislation comes into effect.
• Both leaders agreed that priority would be given by the NBA to the granting of commercial radio licenses using the statutorily enshrined criteria which emphasise high standards of broadcasting and serious penalties for their infringement.

2.5. Border and National Security Issues including the Recapitalisation of the GDF:
The President and the Leader of the Opposition agreed that the Joint Committee’s report that was submitted to the Ministry of Foreign Affairs for editing would be laid and debated in the National Assembly.

It was also agreed that the Government will implement the recommendations accepted by the National Assembly and the Foreign Relations Sector Committee would be responsible for monitoring government’s implementation of the recommendations of the Committee.

2.6. Bauxite Industry and Communities Resuscitation
President Bharrat Jagdeo and the Leader of the Opposition, Mr Corbin, agreed that, in view of the problems facing important parts of Region 10, urgent action is necessary to reverse the situation. They reviewed the government plans for the area, e.g. the privitisation programme, LEAP, and investments in electricity, water and the social service and expressed concern at the pace of implementation of those projects and programmes. They agreed that, such efforts together with any new ideas would be urgently compiled into a single comprehensive development programme for Region 10 with the full involvement of the elected bodies. The programme should address such matters as the creation of new employment opportunities, the rehabilitation and satisfactory functioning of the public utilities; the enhancement of incentives regimes for the attraction of inward-investments to the Region, and the creation of a fully supportive institutional environment for small and medium-scale business development by the inhabitants of Region 10.

3. De-Politicisation of the Public Service:
The parties agreed to review at a later date the issue of the de-politicisation of the public service.

4. Appointment of PPP/C and PNCR Nominees to State Boards, Commissions and Committees:
President Bharrat Jagdeo and the Leader of the Opposition, Mr Robert Corbin agreed that the appointment of PPP/C and PNCR Nominees to State Boards, Commissions and Committees would be subject to the following exceptions:
• Where membership is specified by functional responsibilities.
• Where entities were responsible for national security.
• Where for strategic reasons the government had objections to membership on a particular Board, which objection will be raised with the Leader of the Opposition for resolution.
• The government will issue a list of all State Boards, Commissions and Committees excluding the above exceptions to the PPP/C and PNCR.
• The PPP/C and PNCR will be invited to submit Nominees to those State Boards, Commissions and Committees.
• Government would give 3 months’ notice of appointments falling due and such appointments will be made in accordance with the agreed mechanisms of December 1998 (Att. 6,7).

5. The Appointment of a Disciplined Forces Commission to Include Inquiry into the Operations of the Guyana Police Force:
President Jagdeo and Mr Corbin, the Leader of the Opposition, agreed the Terms of Reference for a Disciplined Forces Commission which, inter alia, would review the ethnic composition of the disciplined forces and give priority to an Inquiry into the operations of the Guyana Police Force which will be completed within three (3) months of its commencement. The Disciplined Forces Commission will be constituted in accordance with the agreed amendment to article 197A of the Constitution and taking account of the requirements of the existing article 197A(5) of the Constitution.
They also agreed that the Commission shall comprise five (5) persons including the Chairman who will be appointed by the President after consultation with the Leader of the Opposition.
They agreed that the Commission will begin its work within one (1) month of their meeting and that the Bill amending the Constitution to provide the powers and authority for the Commission to conduct the inquiry will be tabled in the National Assembly, along with the Motion on the Terms of Reference of the Commission, at the Sitting on Thursday 2003 May 8 (Att 8,9).

6. Agreements for the Electricity Sector:
President Bharrat Jagdeo and the Leader of the Opposition, Mr Corbin agreed that, all existing and future agreements for GPL and the rest of the electricity sector would be laid in the National Assembly for debate.

7. The Constitutional Office of the Leader of the Opposition:
President Bharrat Jagdeo and the Leader of the Opposition, Mr. Robert Corbin, agreed that the government would make adequate provisions for the effective functioning of The Constitutional Office of the Leader of the Opposition.

8. The Crime Situation
The President and the Leader of the Opposition expressed concern over the crime situation in Guyana. They agreed to support legitimate efforts by the police to fight all forms of criminal activity. They agreed to explore at a subsequent meeting other non law enforcement approaches to this problem.

9. Issues Raised by the President
The President and the Leader of the Opposition agreed that, the issues raised by the President, including the PPP/C’s paper on inclusive governance and the National Development Strategy, will be dealt with at a subsequent meeting.