Not long after the PPP/C Government took office, Attorney General and Minister of Legal Affairs, Anil Nandlall, announced that immediate measures would be taken to ensure that two crucial projects which were mired in controversy during the past APNU/AFC administration are back on track. The first project deals with the overcrowding of prisons, and the second is in relation to the establishment of a Law Reform Commission. Both of these projects are being funded by the Inter-American Development Bank.
It was revealed that although millions were expended, both projects were not performing in accordance with the schedule of work, and from all indications, the funding partner was dissatisfied with the slothful progress. In fact, one would even assume that had this level of lackadaisical attitude been allowed to continue, the IDB would have pulled the plug on the projects.
In fact, Nandlall had stated that the manner in which the funds were utilised is highly scandalous, with much of the funds going to rental of office space and salaries for staff. It was disclosed that close to $100 million has been spent and a Law Reform Commission is yet to be appointed.
The law reform project was aimed at setting up a Law Reform Commission which would tackle the issue of reforming and modernising Guyana’s laws – the majority of which were inherited from its colonial masters, and were long overdue for review.
Guyana, like many of the colonial Caribbean, inherited its Constitution and concept of the rule of law from Great Britain, and, to date, the influences of Britain in the legal statutes are still very prominent. Judges would normally rely on British case law authorities, law texts, and other statutes for rendering decisions.
With Guyana now being a new oil-producing State, there is need for a new and modern physical infrastructure for the Judiciary. There is also need for the laws to be reformed to make the country more business-friendly. Many have complained before that the complicated bureaucracy in place is a turn-off for investors who are willing and ready to set up operations here.
However, even though the APNU/AFC faced severe fire for the manner in which the project was administered, to date, the Coalition has remained silent about its performance, or lack thereof, in relation to this undertaking. Governments, once elected, are supposed to work in the interest of the nation, and the least they can do when they are faced with criticisms is to defend their actions, or explain to the public the reasons for their failure.
Additionally, while in Opposition, the PPP/C Government had called for the Law Reform Commission to be one that is representative of all Guyanese through a multi-stakeholder nomination. However, this call was ignored by the then Coalition Government. This was the same approach to many other areas of governance after the Coalition took office in 2015.
We are very pleased that the new Government has taken a proactive approach to bring the project back on stream. To prevent the discontinuation of the project by the IDB, the Government has said it would be prioritising the quick appointment of Commissioners. There are also moves being made to refashion the legislation so that a Law Reform Commission can be properly constituted, and constituted in a manner that reflects the best interest of our country.
Once appointed, the Commission must move with haste towards modernising our justice system, so as to ensure that the rule of law remains the cornerstone by which our society is governed at every level. Ensuring the justice system works effectively and efficiently must always be on top of the Government’s agenda.
