The Federation of Independent Trade Unions of Guyana (FITUG), like many Guyanese we are sure, anxiously awaited the pronouncements of the Caribbean Court of Justice (CCJ) on July 12 regarding the way forward following the Court’s determination that the No Confidence Motion (NCM) was properly passed on December 21, 2018. At the same time, the Court offered its guidance regarding the appointment of a Chairman of the Guyana Elections Commission (GECOM) after it ruled that the previous Chairman, retired Justice James Patterson, was improperly appointed. The two (2) issues, which are obviously connected, have, undoubtedly, taken up great space in the national conversation since the year begun.
We recognise from the orders emanating from the Justices of the CCJ, there is need for our national leaders, as the Court put it, to act with “integrity” in the upholding of the relevant provisions of the Constitution which have now been engaged following the validity of the NCM. The FITUG looks forward in the coming days to seeing decisive leadership from those entrusted with leading the nation especially, at this time, when we find ourselves in previously uncharted waters. We must express concern too having taken account of statements that followed the CCJ ruling emanating from the Government, and more so President David Granger. Though we felt that the ruling was clear and unambiguous, it appears not to be the case when the Government’s utterances are considered.
Though the Government has publicly pronounced that it recognised its “interim” authority, at the same time, it seems, it is prepared to operate without any restriction to its authority. This is nearly a complete departure from what the CCJ ruling which said “… the government is expected to behave during this interim period as a caretaker and so restrain the exercise of its legal authority”. Moreover, the CCJ pointed out “…the clear provisions of Article 106 immediately became engaged”. As has become common-knowledge, Article 106 of the Constitution, among other things, requires the resignation of the Cabinet and the President. That notwithstanding, the Government, in a statement on July 13, had boldly proclaimed “…that Cabinet has not stopped functioning and government must continue to provide public services”. That sentiment was expressed when the Government, in the aforementioned missive, says it “…will comply with the orders issued by the CCJ…”.
From the Government’s statements and actions, as well as the utterances emanating from parties and personalities belonging to the Coalition, it is now obviously indicating that the Administration has little, if any, intention to really be compliant. This is disheartening, dismaying and is a worrying state-of-affairs that calls attention to a disrespect for the rule of law while not upholding our democratic culture and practices. For our Guyanese people, who in the past, struggled for the restoration of democracy and respect for law, this is an unwelcome reversal and one which is not reassuring of blissful times ahead, especially considering that Guyana is expected to be the world leader in economic growth in the coming years.
We endorse the CCJ statement when it said that “…observance of constitutional democracy and the rule of law in Guyana rests, in large measure, with the conduct of the various branches of government, that is, the President and the Cabinet, the Parliament and the Judiciary. All must be faithful to the spirit and letter of the Constitution and operate within the parameters givento each by the Constitution”. We, at this time, reiterate the Court’s suggestion that our leaders “exercise their responsibilities with integrity and in keeping with the unambiguous provisions of the Constitution bearing in mind that the no confidence motion was validly passed as long ago as 21 December 2018”. The shenanigans and charades have been pursued for far too long and it is now time that we put Guyana and Guyanese first and be respectful of our laws. It is in our interest and in the interest of future generations that we bequeath to them a society that is fully observant of democratic practices and respectful of the rule of law.
