ERC did not function when it was most needed

Dear Editor,
As a Commissioner who would have publicly expressed concerns over what I believe to be ineffectiveness, a lack of consistency and timeliness by the Ethnic Relations Commission (ERC) on aspects of its functions in keeping with its mandate, it is with a sense of compulsion I offer this response to a letter from another Commissioner, Ashton Simon, captioned, “ERC functioned and never lost its way”, and which was published in the media.
Functioning, in my view, can generally be effective or ineffective and with regard to the Commission never losing its way as professed, I believe that public sentiments and my own letter of February 28, 2021, would suggest otherwise. In the past, I did mention publicly that the good work the Commission would have done through messaging for racial healing and numerous interactions with stakeholders across the country, would be overshadowed by what appeared a sense of partisanship by some that constituted a majority specifically regarding events pre and post the March 2, 2020 elections.
The Commission’s performance or functioning, has to be viewed from a holistic standpoint. Surely, Commissioner Simon cannot be oblivious that the Commission was heavily criticised for not meaningfully responding and for its failure to take action within its remit on constitutional transgressions and electoral fraud as declared by the courts during the period following the December 2018 No-Confidence Motion (NCM) and August 2, 2020. Those events led to a heightening of ethnic tensions and many Guyanese, who beseeched the Commission to act, were left woefully disappointed.
The Commission and Commissioner Simon cannot claim to have been unaware of what transpired during the almost eighteen-month period following the NCM since, even internally, myself and a few other Commissioners in the minority, brought those developments to attention and urged actions/interventions within its remit.
If the Commission functioned seemingly impeccably as Commissioner Simon seems to be suggesting, then why a motion became necessary to have the said Commission merely recognise the role of Caricom and the recount in an effort to have the political impasse resolved? With every passing day then, that impasse exacerbated racial tension. So, if the Commission had to be forced to even acknowledge (which it hasn’t) efforts to help resolve the then situation and for tensions to be lowered, how then did it function and didn’t lose its way? Why up to now the Commission hasn’t submitted its report having observed the March 2, 2020 elections?
With the entire Commission branded as ineffective and a complete failure with regard to a lack of action on constitutional transgression during the extended election period, each Commissioner has a right to publicly clarify and to distance him/herself if so desired in the context of integrity. If the intent is to achieve that through facts, as I did, how is that having “ulterior motives” as articulated by Commissioner Simon regarding Commissioners who wrote to the press? If, by his principle, writing to the press is having “ulterior motives”, then the same can be levelled against him.
He mentioned that the current Deputy Speaker was summoned before the Commission to answer for comments made and cooperated. That’s is true, however, the Commissioner failed to state why leaders of the previous Government and others involved were not summoned, as advised by the Legal Officer, to denounce statements made during the violence at West Coast Berbice following the heinous killings of the Henry cousins. Why was a vote necessary to decide on something as simple and routine as sending a letter to a current Opposition Member of Parliament to caution him over his public utterances? If one were to conclude that’s a derivative of the seeming partisanship alluded to, then it could be a reflection of the Commission not functioning effectively and losing its way.
Over time, the fact that every Head of Department within the Commission being of one ethnicity was discussed and, while no affirmative action was officially agreed to bring some balance, it was articulated that efforts should be explored. With such a small organisation and, by extension, even smaller departments in some instances, internal advertisements for two specific vacant senior positions attracted one and two applications respectively. Subsequent recommendations from the Human Resources Sub-Committee would have resulted in persons of the same ethnicity as the other Heads being appointed, thereby continuing the imbalance.
With the sole intent of exploring mechanisms to bring ethnic balance to the senior staffing, through a motion and by a vote by a majority of one, a decision was taken to advertise vacancies for those two positions externally. Monies were expended and the deadline for submission was January 28, 2021. Applications received showed diverse and very capable candidates. To date, interviews are still to be held despite the urging of myself and a few other Commissioners for them to be conducted. With the life of the Commission coming to an end on April 1, 2021, more than likely those interviews will not be done. Inexcusable excuses were given for not holding the interviews, despite taxpayers’ monies spent to advertise.
Myself and other Commissioners were racially attacked on social media for voting to have the vacancies advertised externally. That information could have only come from someone present at that meeting. The Commission promised an investigation over the leakage of information. To date, I am yet to be informed on the format and status. I can question if there was an ulterior motive.
Given what I have articulated now and prior in the public domain, it is my humble view that barring measurement of impact and in spite of the commendable work the Commission would have done in public awareness, it did not function effectively as expected especially when it was most needed and lost its way at some point. To say otherwise would be a conservation in truthfulness.

Sincerely,
Neaz Subhan
Commissioner