In the ongoing process of constitutional reform, Attorney General Anil Nandlall has positioned that the parliamentary Opposition has a role to play in creating a framework to allow elected representatives to participate in decision making.
The Attorney General appeared on the Guyana Dialogue to discuss the status of constitutional reform and electoral changes on Thursday evening here he shared this position.
Constitutional Reform was promised in the People’s Progressive Party/Civic manifesto in 2020, where it was further outlined that consultation with the populace and important stakeholders; and a broad-based Constitutional Reform Commission would drive the process.
The way was paved for the establishment of the Constitutional Reform Commission and the commencement of the reform process following the passage of the Constitutional Reform Commission Bill in the National Assembly last November. Back in August of 2022, the Government presented the Constitutional Reform Commission Bill 2022 in the National Assembly. That Bill seeks the establishment of a 20-member Constitutional Reform Commission to review the country’s supreme laws.
According to the provisions of the Bill, the commission will review the Constitution to provide for the current and future rights, duties, liabilities and obligations of the Guyanese people. It is mandated for that purpose to receive, consider, and evaluate submissions for the alteration of the Constitution, and report its recommendations to the Standing Committee for transmission to the National Assembly. However, when the Bill came up for debate on November 7 last, the A Partnership for National Unity/Alliance for Change (APNU/AFC) Opposition had staged a walkout of the sitting, after their request to have another issue raised was denied by the House Speaker.
“We recognised that meaningful constitutional reform cannot take place in our constitutional construct, without the Opposition coming on board because every important provision of our Constitution requires a two-thirds majority vote in the National Assembly for there to be any change.
“We commenced the process on that unfortunate note. The process cannot yield any appreciable success unless we are able to get on board, the parliamentary Opposition. Why should the process be a consultative one? Because we feel that no segment of our population or political conglomerate has the monopoly over what our Constitution should embrace, what it’s terms should be and what the concepts of that Constitution should embrace,” he explained.
Pact between populace and State
The Attorney General regarded the Constitution as a pact between the populace and the State to outline the relationship between these two and the style of governance; and how this system must function and change. He added that it must allow for all the elected representatives of the people to participate in decision making, law making and moreover, Parliament must be able to provide oversight on Government’s use of revenues and expenditure.
“Our Government’s philosophy and approach to constitutional reform is not one that will impose our Government’s view but will take on board, what the majority of the consultations or the recommendations would produce.”
The Commission is tasked with consultations for the reform process to continue, where a report will be prepared and sent to the standing committee. The committee will then refine the submissions into amendments for the National Assembly.
It would also review the Constitution to provide for the current and future rights, duties, liabilities and obligations of the Guyanese people. It is mandated for that purpose to receive, consider, and evaluate submissions for the alteration of the Constitution, and report its recommendations to the Standing Committee for transmission to the National Assembly.
