FITUG sees Government action as Guyana’s worst constitutional transgression

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The Federation of Independent Trade Unions of Guyana (FITUG) cannot ignore the many concerns that are being expressed, at this time, regarding what will be the state of play following the March 21, 2019 Constitutional deadline regarding the legitimacy of the Coalition Government. For its part, the Federation has seen Government’s attempts to quell the worries that have risen slowly to the brim over the last three (3) months.

Most recently, we have heard from no lesser than President David Granger who in an address to the nation last Friday (March 15) sought to assure the populace that all will be well and that no crisis will be at hand. Similar sentiments we saw were echoed by Minister of State, Joseph Harmon in remarks he delivered during a function in the United States. From the President’s address we gather that the Administration is intent, using its own Constitutional interpretation, to remain in office though it is regarded that its mandate to remain in office will expire on March 21. We noted that several contentions have been invoked to justify the Administration’s actions. Whether they have legal basis is questionable and we hasten to wonder whether the Administration is being appropriately advised.

The FITUG recognized the President in his address as saying “…there is no legal impediment that restrains the Government from exercising its functions…”. But then we recalled that Chief Justice (a.g.) Roxanne George, in her judgment, had pointed out “The President and the Ministers cannot therefore remain in Government beyond the three months within which elections are required to be held in accordance with art 106(7), unless that time is enlarged by the National Assembly in accordance with the requirements of the said art 106(7).” In view of the Chief Justice’s ruling the FITUG is not convinced that the President’s view is correct.

The Federation recognizes, as it were, that the Government has thrown the ball squarely in the court of the Guyana Elections Commission (GECOM). The discourses of that body have now gained public repute and it seems there is no haste on the part of the Commission to deliver elections in keeping with what is constitutionally prescribed. Undoubtedly, such conclusions were not hard to reach as we noted that the Commissioners who emanate from the President’s party are insisting on the conduct of a house-to-house registration exercise. It is our view, that the Commissioners making such calls are merely parroting their party’s position. The public is well aware of the protests and picketing exercises, led by the President’s party, calling for such an exercise. And, even in one instance, a video, appearing in social media, revealed that at an activity organized by the President’s party, a call of war was sounded should the exercise not be pursued. What war meant is obviously up for debate and could be best answered by those who sounded the proverbial horn.

The indecision at GECOM comes at the same time as the President said he is committed to having credible elections in the shortest time frame. The President who expressed this desire after more than two-thirds of the timeline had expired has yet to define what he really means. We recognized notwithstanding the President’s call, his nominated Commissioners are vehement in their demand for house-to-house registration though the Chief Elections Officer, Mr Keith Lowenfield is quoted in the media to say that GECOM can work with the list.

At this time too, the FITUG is perplexed as it saw the President in his address saying “…I am prepared to do my part to ensure credible elections within the shortest possible time this year…”. Our obvious confusion is heightened noting that the house-to-house registration process, cannot, in all likelihood, be completed this year but the President is, apparently, adamant the elections must be held this year. Taking the two (2) contradictory objectives into account, we cannot help but wonder whether the house-to-house call is a pretext to ensure that the current valid Official List of Electors expires on April 30, 2019. If this is indeed the case, the rationale for such a ploy evades us, and we wonder whether it is a case of there being more in the mortar than the pestle. Given our nation’s history of electoral malpractices, this concern should not be treated lightly.

It is no longer weeks or even days but now a matter of hours from the time the Administration’s constitutional cloak is removed and our nation and people enter uncharted waters. Where next to turn and what next to do is unknown and how we operate in this period of uncertainty is frightening to say the least. We are aware of the several justifiable concerns that have been expressed and know in such situations that it is the working-people and their families that are usually the worst affected. As the sands of the Constitutional clock runs out our people grow more and more worried as our country’s worst Constitutional transgression takes place.

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