Honouring UN-IDPADA commitment: Govt announces plan to disburse 2023 funds to 55 organisations representing Afro-Guyanese

…as Court-ordered mediation fails in IDPADA-G’s case against Govt

Court-ordered mediation to resolve the lawsuit filed against the Government by the International Decade for People of African Descent Assembly-Guyana (IDPADA-G) has failed and the matter will now be adjudicated by acting Chief Justice Roxane George, SC.
While the Chief Justice was keen to point out that “there is nothing to go to trial on”, when the matter was called again on Friday, she instructed the parties to file written submissions.
The case comes up again on June 13 at 13:30h for oral arguments/clarification.
Meanwhile, on Friday Attorney-at-Law for IDPADA-G, Dr Vivian Williams reported that despite talks between the parties, they were unable to arrive at a settlement. “The settlement talks have broken down irretrievably and I would like to first indicate,” he said.
When Williams attempted to reveal the reason for this, Justice George promptly interjected, telling him that she does not need to know why.
“No, I don’t need to know why they broke down…No, no, no. That’s not the court’s business. When the parties go to mediation whether through the court mediation system or on their own and they don’t settle, only come back and tell the court ‘We did not settle’,” she stated.
Nandlall, for his part, confirmed that talks between the Government and the IDPADA-G had indeed broken down. “We have been unable to arrive at a compromise that we intended to achieve by the mediation process,” he said. Moreover, Williams’s request for a court order to bar the Government from making any disbursement was not granted, with Justice George advising him that the necessary application has to be made before she can consider his request.

Disbursement of funds
However, the Government in a statement on Friday afternoon said that it remains committed to honouring the objectives of the International Decade for People of African Descent, which spans the period, January 1, 2015 to December 31, 2024.
This Decade was proclaimed by the United Nations (UN) General Assembly in accordance with UN Resolution 68/237 of 2013 and was fully supported by the Government of Guyana on December 23, 2013.
“As a demonstration of its commitment, the Government has allocated monies for the advancement of the objectives of the Decade since it assumed office in 2020, 2021, 2022, and 2023 and will continue to so do until the end of the Decade in 2024. While a part of the budgeted sum for the year 2022 is, unfortunately, the subject of legal proceedings, the monies budgeted and appropriated for the year 2023 are not,” the Government said in the statement.
The Government said that it plans to disburse the 2023 subvention to 55 organisations representing Afro-Guyanese across the country, who are the founding members of the International Decade for People of African Descent Assembly-Guyana to pursue the objectives of the Decade.
At the last court hearing on March 24, Williams had reported that he had made a proposal to the Government. While this was confirmed by Principal Legal Advisor Shoshanna Lall, she had told the court that the proposal had to be reviewed by Culture, Youth and Sport Minister Charles Ramson Jr. Lall had also assured the court that the Government is committed to supporting the work of the International Decade for People of African Descent Assembly.

Wrongly excluded
In defending Government’s decision, Ramson has averred that he has been informed by numerous persons and organisations, and believes that although they are qualified for assistance from the subvention disbursed to IDPADA-G, they were wrongly excluded and deprived of benefitting from it.
In light of this, Minister Ramson said he requested the IDPADA-G to provide detailed records of how the subventions have thus far been applied. In reply, he said, the organisation’s Chief Executive Officer (CEO), Olive Sampson, gave the Financial Statements for 2018, 2019, and 2020.
“These Financial Statements provided by the Applicant [IDPADA-G] reflected not only subvention monies, but included all income and expenditure of the applicant, and further, did not set out a detailed report of expenditure from the subvention, as specifically requested.”
However, an examination of the same, in my respectful opinion, corroborated and supported the disaffection and concerns expressed by the persons and organisations who complained to me.”
According to him, in 2018, the organisation received a subvention of $68,438,000.
In 2019, it received $100,000,000. In 2020, it received $107,223,607. In 2021, it received $100,000,000. And as of August 2022, it had received $66,666,672. The Minister informed that $100M has been set aside in the 2023 National Budget to support the activities associated with the observance of the International Decade for People of African Descent, 2015–2024.
Having taken into account the complaints and concerns highlighted by stakeholder organisations and persons, and given the public’s interest, the Culture, Youth, and Sport Minister added, “I considered that I would be in breach of my fiduciary and statutory duties were I to make further disbursements of subventions to the [IDPADA-G], pending the resolution of those concerns.”
The IDPADA-G, chaired by Opposition-nominated Guyana Elections Commission (GECOM) Commissioner Vincent Alexander, is ultimately seeking a court order to have its subvention reinstated.

Legitimate expectation
According to the IDPADA-G, there is a legitimate expectation, given the money was granted by the Government based on an undertaking, in the form of an annual subvention paid monthly. It has noted that the Government has committed itself to an annual subvention, which began under the APNU/AFC Administration. The IDPADA-G has rejected Government’s claims that the monies are only benefitting its directors.
By withholding the monies, the IDPADA-G has argued, the Government has broken its legitimate expectation; therefore, the organisation is entitled to the intervention of the court on the violation of this legitimate expectation. It has argued further that withdrawal of the subvention is a breach of contract; that the withdrawal is an abuse of power; is unlawful and without basis; and that it was not given notice of the withdrawal, nor was it allowed by the Government to be heard regarding changing the decision.
Moreover, the IDPADA-G has contended that it is entitled to damages. Minister Ramson, Minister Nandlall and Finance Minister Dr Ashni Singh are listed as the respondents in the organisation’s lawsuit which was filed in December 2022, months after the subvention was abruptly stopped.
The organisation was birthed out of representations made by former President David Granger on August 7, 2016, at a symposium organised by the Cuffy 250 Committee.
The Chief Justice has described the dispute over the monies as a “national embarrassment” and has also barred the parties from speaking publicly on the matter. (G1)