Just over three months after that body was established by President Dr Irfaan Ali, the Constitutional Reform Commission (CRC) is finally set to have its first meeting in the new week.
In a post on his Facebook page, Attorney General and Legal Affairs Minister Anil Nandlall, S.C., disclosed that he has been invited by the Chairman of the Commission, Justice Carl Singh, to attend the CRC’s first meeting on Tuesday, July 9, at the Commission’s Middle Street, Georgetown office.
The 21-member Commission is tasked with reviewing the Constitution of Guyana and holding widespread stakeholder consultations on areas to be reformed. The 2022 Constitutional Reform Commission Act has outlined several areas for potential reform, including Indigenous peoples’ rights, fundamental rights, children’s rights, eradication of discrimination, enhancement of race relations, and electoral reform, among others.
While 18 of the 21 members were initially sworn-in by President Ali on April 3, the remaining members did not take their Oaths before the Head of State until May 28.
This was among the factors that prevented the Commission from holding its first meeting.
Another major issue was the state of readiness of the building that would house the Commission.
However, AG Nandlall, who is one of the 21 members that constitute the Commission – representing the ruling People’s Progressive Party/Civic (PPP/C), earlier this week said those issues have since been resolved.
“The site of the Commission is ready. Some minor adjustments had to have been completed in the building where the Commission will conduct its business, and those works have been completed,” the minister stated.
According to Nandlall, his role in this entire process was a directive from the President to make the office of the Commission available; have it furnished and equipped so that the Commission can start its work; and ensure that the members are appointed. All those tasks, he pointed out, has been completed.
“The Commission has a Chairman, and the Commission will determine when it will sit and will regulate its business. I am only a member of the Commission,” the AG stressed.
In addition to Nandlall, the other PPP/C representatives on the Commission are: Ministers Gail Teixeira, Dr Frank Anthony, Pauline Sukhai, and Kwame McCoy.
The A Partnership for National Unity/Alliance For Change (APNU/AFC) parliamentary Opposition is represented by Vincent Alexander, Sherwood Lowe, Ganesh Mahipal, and Nigel Hughes. The other political appointee is Timothy Jonas, who is the representative of the joinder parties that hold an Opposition seat in the National Assembly.
Labour Movement Representative Aslim Singh, National Toshaos Council Representative Derrick John, Private Sector Representative Ramesh Persaud, Women’s Representative Kim Kyte-Thomas, Youth Representative Dr Josh Kanhai, Muslim Representative Imran Ally, Hindu Representative Radha Krishna Sharma, and Farmers’ Representative Adrian Anamayah are the other members sworn-in by the President.
The other CRC members are the Guyana Bar Association Representative, Kamal Ramkarran; and Christian Representative Keoma Griffith.
The highly-anticipated Constitution Reform Commission Bill 2022 was first tabled in the House back in August 2022, and was subsequently passed in November of that year. The Act sought to establish a 20-member Commission to review the country’s supreme laws.
These 20 members have to be drawn from political parties (five from the ruling party, four from the main Opposition, and one from the joinder parties), while the 10 remaining persons would be drawn from the three main religious groups, the Private Sector, the Guyana Bar Association, the National Toshaos Council, the Labour Movement, women’s organisations, as well as nominees representing farmers and youths.
the Act has also contained provisions for the President to “act in accordance with his/her own deliberate judgement and appoint a chairperson…” The Head of State had appointed Justice Singh to chair the CRC.
But with this provision, the complement of appointed members of the Constitution Reform Commission has been taken to 21, hence the need to amend the law. As a result, in May, the Government returned to the National Assembly to change the law and correct the numerical composition of the Commission.
Nevertheless, the 2022 law outlines the key areas that should be considered for potential reforms by the Commission. These include the fundamental rights of citizens, Indigenous peoples’ rights, rights of children, the eradication of discrimination, enhancement of race relations, promotion of ethnic security and equal opportunity, safeguarding minority rights, electoral reforms; economic, political, and cultural rights; fiduciary responsibility, bolstering integrity in public office, as well as the functioning of the National Assembly and local government.
During the April 3 swearing-in ceremony, President Ali told the Commission members that while these areas are wide-ranging, they are not exhaustive in their scope of work. He further noted that the Constitution must be drafted in clear and accessible language that is comprehensible to the average individual. This, according to the Head of State, would ensure that all citizens understand their rights and obligations, thereby facilitating active participation in the democratic process, and reinforcing the mutual understanding between the Government and the governed.
The PPP/C Government has already assured that the public would play an integral role in deciding what reforms would be undertaken.
Constitutional reform was promised in the PPP/C 2020 Manifesto, where it was further outlined that consultation with the populace and important stakeholders and a broad-based Constitutional Reform Commission would drive the process. (G-8)
