Re-examine the SARA Bill

 

Over the past few weeks, there have been mounting concerns being raised about the proposed State Assets Recovery Agency (SARA) Bill and the dangers it poses to persons’ civil liberties in the context of their fundamental rights guaranteed under the Constitution of Guyana.

So far, like in many other instances since the coalition Government took office, in spite of public pressure, it seemed unmoved to re-examine the Bill before it goes to the Parliament. This is quite unfortunate as such an important piece of legislation requires much thought considering the huge impact it could have on the daily lives of citizens.

The SARA Bill slated for the National Assembly in October will incorporate the State Assets Recovery Unit (SARU) into an agency and is expected to make its operations more efficient. Legal luminaries have explained that it is a civil recovery and civil remedy bill, which means it is non-conviction based. However, the Bill makes provisions for the Director of SARA to initiate criminal proceedings, if, or when, the need arises.

There are several reasons being proffered as to why the Bill should be re-examined. And we believe there is enough justification for the widespread calls being made for the Government to undertake a complete review.

To begin with, many stakeholders have questioned the necessity of the Bill considering the fact that more than 90 per cent of the offences created by the Bill are already in Guyana’s Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) legislation and other related legislation. There is proof that the Bill in its present form tramples on rights that have been set out in various pieces of legislation and the Constitution in relation to the protection that citizens enjoy.

Further, what causes most to worry is the fact that the head of the Agency is not accountable to a higher authority and is only required to present an annual report to the National Assembly. Former Attorney General Anil Nandlall had cause to question the provisions of the Bill since in its current construct, its “creates an environment that encourages the violation of individuals’ constitutional rights and undermines the rule of law since it confers powers 10 times greater than those of the Guyana Police Force (GPF) on a sole individual – the Director of the Agency”.

It should be noted that just a few days ago, the Private Sector Commission (PSC) had also raised some very valid points which the authorities must take into consideration. The PSC argued that the Bill in its present form is not a good signal to investors who will require access to State resources such as land, licences, access rights, etc, as it provides opportunities for legitimate investors to be harassed and politically victimised.

For example, the body drew reference to the fact that the Bill has been drafted from the perspective that the Government of Guyana does not know what it owns or what the State has lost over the years and, as such, it provides all-encompassing investigative and surveillance powers to the Director and staff of the Agency to snoop around into private accounts and financial records of citizens to determine what assets of the State were lost and needed to be recovered.

Another concern relates to the manner in which the Agency is to be funded. As it stands, the Bill, through its source of funding, encourages the Unit to pursue and seize properties haphazardly and without any firm basis in order to finance its operations since it is expected that funding will come from the sale of seized property.

It is now well accepted that the proposed SARA Bill poses serious questions as to the objectives, purpose and the manner in which it is to be implemented. As we had stated umpteen times before, in a modern democratic culture, Governments are expected to listen and take note of the desires of citizens so as to ensure that they are well-placed to lead comfortable, secure and happy lives. The manner in which the Administration has approached the SARA Bill is certainly at variance with this democratic ideal.

It is hoped that the Opposition and civil society, including the Private Sector, will continue to lobby for a review of the Bill. They must all spread more public awareness about its dangers, in particular, the dictatorial situation it is bound to create and how it would ultimately negatively impact the socioeconomic landscape of the country.