Diaspora News - February 1 - 7, 2014

8/13/2019 Diaspora News - February 1 - 7, 2014

1/23

APNU AT WORK

A WEEKLY SUMMARY OF EVENTS

KEEPING THE DIASPORA INFORMED

February 1-7, 2014

Vol. 28

APNU CONDEMNS THE CRIME OF TORTURE AND CALLS FORAN INDEPENDENT INQUIRY

A Partnership for National Unity (APNU) expresses its alarm at the recurring reports of the crime

of torture involving members of the defence and security forces. The Partnership calls for an inde-

pendent judicial inquiry into all reports of torture over the past seven years.

APNU recalls that the Government of Guyana signed and ratified the Convention against Tor-

ture and Other Cruel, Inhuman or Degrading Treatment or Punishmentsince 1988.

The term torture,under Article 1 of the Convention, means any act by which severe pain or suf-

fering, whether physical or mental, is intentionally inflicted on a person for such purposes as ob-

taining from him or a third person information or a confession, punishing him for an act he or athird person has committed or is suspected of having committed, or intimidating or coercing him

or a third person, or for any reason based on discrimination of any kind, when such pain or suffer-

ing is inflicted by, or at the instigation of, or with the consent or acquiescence of a public official or

other person acting in an official capacity.

APNU recalls that there have been several confirmed reports of torture into which no independent

judicial inquiry has been conducted:

Patrick Sumner and Victor Jones were arrested by members of the police and defence

forces in September 2007. They were taken to Defence Force headquarters in Camp Ayanganna,Police Force headquarters in Eve Leary then to another military camp where they said they were

tortured.

Michael Dunn, Sharth Robertson and Alvin Wilson three defence force soldiers

complained that they had been tortured by being beaten, cuffed, kicked, shocked, struck with met-

al objects between November and December 2007 in a military camp.


2/23

David Leander, also called David Zammet and Biscuit, was arrested in November 2007. He

was so badly injured that he was unable to walk and could hardly speak and had to be hoisted into

the Magistrates Court to answer charges of attempted murder and possession of narcotics.

Twyon Thomaswas arrested in October 2007 on suspicion of involvement in the murder of

Peoples Progressive Party stalwart and former Vice-Chairman of the Essequibo Islands-West

Demerara Region Ramenauth Bisram. The boy was taken to the La Grange Police station on theWest Bank and thence to the Leonora Police Station on the West Coast where he was beaten and

burnt.

Colwyn Harding was arrested in November 2013. He accused a policeman at the Timehri

Police Station of sodomising him with a baton. Harding suffered severe intestinal injuries.

APNU points out that Guyana, as a signatory to the Convention, is obliged to take effective leg-

islative, administrative, judicial or other measures to prevent acts of torture in any territory un-

der its jurisdiction.No exceptional circumstances whatsoever, whether a state of war or a threat

of war, internal political instability or any other public emergency, may be invoked as a justifica-tion of torture and An order from a superior officer or a public authority may not be invoked as

a justification of torture.

The Conventioninstructs, further:

States are to ensure that all acts of torture are offenses under its criminal law, including com-

plicity or participation in torture. International law places an obligation on states to prevent, in-

vestigate, prosecute and punish torture and other ill-treatment. The obligation to prosecute tor-

ture includes those who are complicit as well as to those who directly participate in torture, as

well as those responsible in the chain of command.

APNU asserts that there is abundant evidence that the crime of torture has been committed re-

peatedly in Guyana. APNU reminds all defence and police force officers that torture is a crime of

a universal jurisdiction. Those who order, or carry out such acts, can be prosecuted any-

where in the world, irrespective of the nationality of the victim or perpetrator. No one can claim

exemption from this because of his or her official capacity. There is no statute of limitations for

such crimes under international law.

APNU iterates its demand that an independent judicial inquiry be conducted into all reports of tor-ture by officials.


3/23

Anti-Money Laundering discussionsA certain degreeof progress achieved at latest meetingFEBRUARY 7, 2014 | BYKNEWS| FILED UNDERNEWS

By Kiana Wilburg

Though much bickering and the popular blame game had tainted most of the discussions on thecontentious Anti-Money Laundering and Countering the Financing of Terrorism Bill, there was fi-

nally a ray of hope at the conclusion of one of the committees meeting held last evening.

This is according to A Partnership for National Unity (APNU)s Shad-ow Minister of Public Works and Telecommunications, Joseph Har-mon.There were reports that the Chairperson of the Select Committee, GailTeixeira, had concluded the works on the Bill in the absence of opposi-tion members, but Harmon informed this publication that this was notthe case and that deliberations on the Bill are still continuing.

He added that the meeting went so smoothly that he is most pleased

with the way it was conducted. We have a matrix which we have puttogether and it will be looked at over the weekend. We have fresh docu-ments that we have to look at as well. The meeting last night wentwell We achieved a certain degree of progress.

Prior to this successful engagement, Basil Williams, who serves as theShadow Minister of Legal Affairs of APNU, had expressed his disap-

pointment over the fact that there was no meeting held to review the pertinent presentations madeby some stakeholders on the Anti-Money Laundering Bill.

Williams informed members of the media corps during a press briefing at APNUs Hadfield Streetoffice that some important questions and suggestions on the Anti-Money Laundering and Counter-ing the Financing of Terrorism Bill were presented to members of the Special Select Committee.

Some of these stakeholders included Chartered Accountant Christopher Ram, Professor CliveThomas and members of the Bankers Association.Williams said that the Peoples Progressive Party had once again shown a laid back attitude in hav-ing the works of the Special Select Committee done in a proper manner.

At first we had to fight with them for stakeholders to be heard, which they shut out at the first sit-ting. The government had to be brought kicking and screaming before those persons could testifybefore the committee. And I am happy they came.

The politician then made reference to a question raised by members of the Bar Association. Thequestion was based on the privilege of communication between lawyer and client.

The legislation says that the supervising authority can turn up at the lawyers office without asearch warrant and seize important and confidential documents, and since it doesnt say that it canbe taken permissively, it suggests that certain confidential information can be taken with forcefrom lawyers. This raises questions of protection of property and third persons accessing infor-mation and the security of the individual.
http://www.kaieteurnewsonline.com/author/gita/http://www.kaieteurnewsonline.com/author/gita/http://www.kaieteurnewsonline.com/author/gita/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/author/gita/


4/23

While describing the presentations as lively and incisive, Williams opined that the next appropri-ate thing was for there to be a review of such submissions and for it to be reflected in the Bill. But itwas never suggested, more so conducted.

Everything was just rushed, Williams stated.Further, it was reported that Guyana had topped the list of some 55 countries that are non-compliant and without effective legislation and may therefore be subject to a more serious review

process by the Financial Action Task Force (FATF) next week.

However, in response to this contention, the APNU MP asserted, We are not too sure about thismid-February review, but we are willing to do the work and ensure that the Chairperson of theCommittee, Gail Teixeira, does the work in a manner which serves the people.

Williams then stressed that it is important that the Bill be amended in such a manner that it sur-passes the expectations and requirements of FATF. In other words, he explained that Guyana mustaim for super-compliance.

Anti- money laundering discussionsStakeholders willattend only when necessary APNUFEBRUARY 7, 2014 | BY KNEWS| FILED UNDER NEWS

If they come to every meeting it would be like treating us like little boys Basil Williams

The Shadow Minister of Legal Affairs of the political faction, A Partnership for National Unity(APNU), Basil Williams says that members of the media fraternity and the Private Sector Commis-sion will only attend the discussions on the Anti-Money Laundering and Countering the Financingof Terrorism Bill in the Parliamentary Select Committee when it is necessary.

This declaration was made yesterday at APNUs Headquarters on HadfieldStreet.

The Attorney at Law reminded members of the media that when he and hiscolleagues turned up for the meeting on Monday last at the National Assem-bly, they were expecting to move forward with the work of the committee interms of the discussions on each clause. But to their surprise, the Chairper-son of the Select Committee, Ms Gail Teixeira, spent nearly over an hour anda half talking about the presence of the media and the private sector at themeetings.

Williams said he found this to be very upsetting, as he and other APNUmembers have made it clear that they are not opposed to the presence of thestakeholders, but when it is appropriate for them to be there, they will be in-

vited. Williams said that this position was spread throughout the media andhe could have only deduced that the action by Teixeira was intended to delay effective works on thecommittee.

We turned up for the next meeting on Monday (last) and we saw on the agenda thetopic about the media and other stakeholders being present. We have made our position clear onthis and the rules of the Committee dont give anyone the right to take part in it.
http://www.kaieteurnewsonline.com/author/gita/http://www.kaieteurnewsonline.com/author/gita/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/category/news/http://www.kaieteurnewsonline.com/author/gita/


5/23

Teixeira can blow hot or cold on this issue, but APNU will continue to protect the sovereignty ofthe National Assembly and ensure that its rules will not be treated whimsically or capriciously. Wehave said we dont have a problem with their (media and other stakeholders) presence and we havesaid that it must be at an appropriate time.

He reminded that APNUs financial spokesman, Carl Greenidge had made a motion in this regardand it was put to a vote and the Peoples Progressive Party (PPP) lost the vote.Even in the face of this, Williams said that the Finance Minister proceeded at the meeting to read aletter which said that the Private Sector Commission wanted to come and practically have over-sight of the proceedings.

He was suggesting to us that the private sector wanted to come to ensure that we do our workproperly. No non-governmental organization, no media or nobody could come into the meeting toact in some supervisory position over us, which would be tantamount to relinquishing our respon-sibility to the people of Guyana.

Williams said that it was clear that they were not interested in the main item; going through thebill clause by clause.The Minister of Finance, Dr. Ashni Singh, he said, then moved a motion which was in effect to

override Greenidges motion. It was intended to have the stakeholders present at the meetings af-ter the one which concluded on Monday last. Williams said that such actions only bring the workof the committee into disrepute and that it was contemptuous of the Minister to do so.

Teixeira was then told not to entertain such a motion. Instead, she lashed out saying that she coulddo anything as Chairperson. Williams then said, There was no profit in that.

He added, She must be asked to explain why they were opposed to having the media present atthe Special select committee on local government. It is like treating us like little boys if they(stakeholders) are to come to the meeting They are simply playing with this bill.

PPP/C failed to enforce money laundering legislation for13 years APNUFEBRUARY 6, 2014 | BY KNEWS| FILED UNDER NEWS

The Peoples Progressive Party/Civic (PPP/C) Administration has deliberately not enforced its ownanti-money-laundering legislation for over 13 years. It only attempted to do so when it was threat-ened with sanctions by the Caribbean Financial Action Task Force (CFATF) and the internationalfinancial community.

This is according to A Partnership For National Unity (APNU), which yesterday reminded that theMoney Laundering Prevention Act of 2000 was introduced by the (PPP/C) administration 13 yearsago and it was never enforced and was deemed ineffective.

A missive reminded that the Anti-Money Laundering and Countering the Financing of TerrorismAct of 2009 was then introduced under international pressure and that too was never enforced andwas also deemed ineffective.


6/23

The coalition charged that the Bank of Guyana never had the capacity to fully execute its mandateto supervise financial institutions for compliance with anti-money laundering requirements.

According to APNU, the Financial Intelligence Unit (FIU), established since 2003, was always aweak, understaffed, under equipped and a one-person organization.

APNU said that the FIU was completely dependent upon the Ministry of Finance for its budget andoffice space.

It has never made a single money-laundering prosecution and never reported on its work beforeNovember 2013.

The coalition further charged that the Guyana Government does not release statistics on the num-ber of suspicious transaction reports (STRs) received by the FIU although it is required to makethese statistics available as mandated by the Financial Action Task Force (FATF).

It reminded also that the CFATF made recommendations to strengthen the relevant legislation aswell as the Bank of Guyana and the FIU.

It was only in April 2013 when Guyana was threatened with being blacklisted and deadlines forcompliance were set that the Government was forced to introduce amendments to the National As-sembly, according to APNU.

APNU is committed to amending the current Anti-Money Laundering and Countering the Financ-ing of Terrorism Act of 2009 to ensure that it is effectiveAPNU is committed to ensuring that theBank of Guyana and the Financial Intelligence Unit are empowered and equipped to fulfill its func-tions and achieve the objectives of the Act.

APNU maintains that it is committed to engaging the government, the private sector, civil society,

the trade unions and the international community to protect our economy with enforceable Anti-Money Laundering and Countering the Financing of Terrorism laws.

Anti-Money Laundering BillRights of citizens threatened bydraconian measures Harmon

Kaieteur News, February 5, 2014

By merging draconian measures, namely anti money laundering with countering the financing ofterrorism, it holds the possibility of whittling away the rights of citizens.

This is the opinion of A Partnership for National Unity (APNU)s Joseph Harmon, who in an invit-ed comment yesterday said that some of the measures in the current law saw the possibility ofrights related to search and seizures being violated.

Harmon said that the recent meetings of the Special Select Committee tasked with addressing theamendments to the Anti-Money Laundering and Countering the Financing of Terrorism legislationhave been very insightful.


7/23

He said that a number of amendments have been submitted to the committee from stakeholders,especially from the Bankers Association of Guyana.According to Harmon, there were a number of well-researched presentations made to the bodyfrom that Association, the Bar Association, Professor Clive Thomas and Christopher Ram.

These were persons who were prevented from making oral presentations during the life of theprevious committee, given that the Chairperson Gail Teixeira had wrapped up the work of the com-mittee and returned the Bill to the House.

Harmon said that the Bankers Association was particularly worried about the pitfalls it would en-counter should the law be applied as is. He wondered about how lawmakers in the previous dis-pensation would have been creating laws without hearing from the people who it would actuallyhave an impact on.

Harmon noted that while Attorney General Anil Nandlall would have been bandying the idea thatthe Amendments were prepared by the Caribbean Financial Action Task Force (CFATF) there wereno sessions with stakeholders, such as the Bankers, to find out how it would affect them. He saidthat he was happy to hear the presentations by the stakeholders.

Harmon pointed out that in future, the law will be adding another facet to do with weapons, andthis too can place even more draconian measures in place that would be a threat to certain liber-ties.

The Select Committee met again Monday evening and according to Harmon, the members wouldnow be looking carefully to see how the recommendations would be added to the current amend-ments.

We will try to get a proper law and have it done hopefully in time, Harmon said.According to the APNU MP, when the work of the committee is wrapped up, the fate of the Billwould be up to the full House when it comes up for a vote.

The Financial Action Task Force (FATF) is scheduled to hold its International Co-operation Re-view Group (ICRG) come February 10, when the body meets in Paris, France.Guyana shares the worst rating in the world with Mozambique in the 55 countries in the pool.

According to official FATF records seen by this publication, the group includes countries such asGuyana, Mozambique, Cape Verde, Haiti, Cameroon, Aruba, Benin, Fiji and Zambia.Guyana is yet to meet the legislative obligations, namely the passage of the Anti Money Launderingand Countering the Financing of Terrorism Amendment Bill.

According to the FATF document seen by this publication, as in every subsequent plenary meeting

since October 2010, the ICRG should now decide whether it wishes to recommend that any of thejurisdictions in its pool be referred for a prima facie review to be discussed in February 2014.

In practice this could be, for example, the top two jurisdictions ranked in one region or in eachregion, a certain number of jurisdictions ranked at the top of the entire group, or any particular ju-risdiction where the ICRG agrees there are particular risks such that a prima facie review shouldproceed.


8/23

Guyana is atop the list for the Americas Region and is on par with the African Region, as it holdsthe same rating with Mozambique which heads the list for that region. There currently exists threemethods by which a jurisdiction could enter the ICRG process: nomination; referral based on mu-tual evaluation results; and referral based on non-participation in an FATF-style regional body(FSRB) and non-publication of mutual evaluation reports.

Opposition walks out of anti-money laundering forumKaieteur News, February 4, 2014

Opposition Parliamentarians yesterday walked out of the Anti-Money Laundering Special SelectCommittee, in response to Governments support for the Private Sector Commission (PSC) attend-ance of meetings of the Committee in an observer capacity.According to a Finance Ministry statement, the PSC had submitted a letter to the sub-committeelast month requesting, as stakeholders, to observe the meetings. Tonight (yesterday), Minister ofFinance Dr. Ashni Singh moved the motion to have the PSC attend the meetings but the Opposi-tion, after objecting strenuously to the PSC being allowed to attend all meetings of the committee,

walked out of the meeting in an attempt to avoid voting on the matter, the release said. MinisterSingh maintains Governments position that the private sector of Guyana has a legitimate interestin the timely passage of the legislation, given the grave consequences that would devolve on Guy-anas economy should Parliament fail to enact the amendments, it added.

According to the release, the Finance Minister described the Oppositions stance as a most unfor-tunate development, which reflects yet another attempt by the Opposition to frustrate the timelypassage of this bill. Their refusal to allow the PSC to observe the committees proceedings reflectsthe fact that they are unwilling to be unmasked and have revealed to the world at large the blatantdelay tactics they have been attempting in frustrating the work of the committee.

According to the statement, the Finance Minister said that that Government members of the com-mittee emphasized that they would have absolutely no objection to the PSC attending and ob-serving the proceedings of the committee. In contrast, the Opposition clearly and persistently ob-jected to the PSC being permitted to attend and observe all of the meetings of the committee. Theyattempted to evade and contort the matter and, eventually, when the Chairperson of the committeeattempted to put to the committee the specific matter of whether the PSC should be permitted toattend all meetings of the committee in an observer capacity, the Opposition walked out, the re-lease stated.According to the Finance Ministry, this is the second incident where the Opposition has moved tomuzzle the PSC in Parliament.

On November 6, last year, the combined Opposition voted down the motion for the reading of thePSC petition on the Anti-Money Laundering/Countering the Financing of Terrorism (Amendment)Bill prior to its debate in the National Assembly. The petition represented 17 private sector groupswhich sought to urge Members of Parliament to recognize the damage to the private sector, localeconomy and the citizens of Guyana if the legislature failed to enact the bill.According to FATF, ju-risdictions that have not made sufficient progress in addressing the deficiencies or have not com-mitted to an action plan developed with the FATF to address AML/CFT will be penalized. If Guy-ana does not comply, it will join countries such as Algeria, Ethiopia, Kenya, Myanmar, Pakistan,Syria and Yemen as a blacklisted country by FATF.


9/23

Government inciting physical violence against opposi-tion HarmonFEBRUARY 6, 2014 | BY KNEWS| FILED UNDER NEWS

A misuse of state funds to launch an attack on its own citizens by inciting violence, were the wordsused to describe the fact that Office of the President, has been funding full page advertisements inthe daily newspapers calling on Guyanese to Let us stop the opposition from destroying Guyananow.

A Partnership for National Unity (APNU), Joseph Harmon, yesterday saidthat it has been brought to the attention of the Opposition that it is in factOffice of the President that is funding the campaign against them.The advertisement calls on citizens to stop the opposition from holdingGuyana at ransom! Stop the opposition from protecting money launderers,criminals, and terrorists.

According to Harmon, the amendments to the Bill have not even been votedon as yet and the Opposition Leader, David Granger, has already signaled tothe President that support for the Bill is conditional, in that he would haveto support the Opposition Bills already approved.

Harmon said that for the Office of the President to call on citizens to stopthe Opposition not by the ballot; can only mean a provocation of violence.

He said that Opposition members are now insecure.They are inciting violence against the Opposi-tion; this is a clear provocation.According to Harmon, the statements being paid for using state funds to attack the opposition areakin to calling on the army to go and attack citizens.

Harmon said that this act by Office of the President must be condemned by all right thinking Guy-anese. It might also be condemned internationally.

State funds are being used to attack its own citizensGovernment is inciting a certain level of vio-lenceThe advertisement seeks to denigrate the Opposition, according to Harmon, and seeks to insinuatethat the Opposition is supportive of money launderers and drug lords.He suggested that it is those in government who have a vested interest in supporting drug lordsand money launderers and pointed to the extravagant lifestyles, mansions being built and vehiclesowned by people way above their pay grade.

He said that when the Opposition reacts to such provocations they are deemed to be terroristswhen it is in fact the Government which is using terrorist tactics by the state calling for attacks onits own citizens.

Harmon posited that the posture by the Government is reminiscent of the Stalinist era.The advertisement suggests that the Opposition has refused to pass the amendments to the AntiMoney Laundering and Countering the Financing of Terrorism Bill although these amendmentsare recognised globally as the global anti-money laundering and counter-terrorist financing stand-ards.The advert suggests that the Opposition has not been attending meetings to discuss and flesh outthe issues they are concerned about so that the amendments could be passed within the timeframe.


10/23


11/23

Alliance for Change (AFC) Leader, Khemraj Ramjattan, had previously stated when asked, that theCJ ruled that to use monies from the treasury, a majority legal authorization is needed from Parlia-ment. Ramjattan stated also that while there will be an appeal of the CJs ruling, they are preparedto suggest the necessary adjustments to the budget where deemed necessary.

Justice Changs ruling can trigger a constitutional crisis Granger

Guyana Times, February 2, 2014

Acting Chief Justice Ian Changs ruling in the budget cut case, could trigger a major constitutionalcrisis, Opposition Leader David Granger contended on Friday.

Approximately two years after the Donald Ramotar administration moved to the High Court tochallenge the move by the A Partnership for National Unity (APNU) and Alliance For Change(AFC) to cut the 2012 national budget, the acting chief justice on Wednesday ruled that the Nation-al Assembly does not have the power to cut the national estimates presented by the finance minis-ter.

The chief justice also ruled that the opposition can only approve or disapprove the budget in its en-tirety or sections within.

Speaking at his Hadfield Street, Georgetown office, Granger registered his coalitions dissatisfac-tion with the ruling, contending that it can have unintended consequences.

The opposition, if it is dissatisfied with any item in the 2014 budget, according to a rational inter-pretation of the decision, must refuse to approve the entire budget in order to give effect to theirdisapproval.

He added: The government in this situation, if it refuses to amend the budget to the satisfaction ofthe opposition, would precipitate a major constitutional crisis and trigger a consequent generalelections.

The opposition leader further opined that Justice Changs decision seems to suggest that the APNUcannot defend the decision of the National Assembly in the courts of law, if taken there by the gov-ernment side.

The chief justices decision coming after 18 months of litigation, but just before the presentation

of the 2014 budget, seems intended to neutralise the oppositions vital oversight role in the Nation-al Assembly.

Granger also accused Finance Minister, Dr Ashni Singh of ignoring the decision of the National As-sembly, as reflected in the approved 2013 Appropriations Act, by spending monies that were notapproved by the House.
http://www.guyanatimesgy.com/?p=48783http://www.guyanatimesgy.com/?p=48783http://www.guyanatimesgy.com/?p=48783http://www.guyanatimesgy.com/?p=48783http://www.guyanatimesgy.com/?p=48783


12/23

As a result, Granger lamented that Dr Singh should be censured by the House. It was noted thatthe opposition is already taking the necessary steps to censure the finance minister.

Despite a July 1, 2013 pledge by President Donald Ramotar, the opposition leader said there willbe likely a crisis because APNU and the Peoples Progressive Party/Civic (PPP/C) budget negoti-ations have not been fruitful. It is very likely, therefore, that the concerns of the A Partnership ofthe National Unity have not been taken on board, and if the Peoples Progressive Party brings a

budget to the National Assembly which is contrary to the publics interest, we are going to exerciseour constitutional right to amendment the budget and the courts cannot intervene, the courts can-not intrude in the rights of the National Assembly, he declared.

Asked whether APNU is ready to take on a challenge, if the country is forced to hold snap electionsdue to failure to agree on the 2014 national budget, Granger told reporters that the coalition is fo-cusing on local government elections.

Implications

Speaker of the National Assembly Raphael Trotman has also signalled his disapproval of the deci-sion of the acting chief justice, arguing that the ruling will have far-reaching implications for theCommonwealth parliamentary system. Contrary to Changs ruling, Trotman said the National As-sembly has the power to approve and amend budgetary estimates, noting that this is a long-established right.

The principle of comity dictates that the three branches of government the executive, the legis-lative and the judicial are all separate and equal and are to respect the right and authority of eachother, he said.

Trotman said while the High Courts ruling will be respected, the National Assembly has the right

to appeal the decision.

How can any constitution allow a minority of the people to rulethe majority?

Stabroek News, February 5, 2014 [Letter]

Dear Editor,On January 29 our Chief Justice (CJ) acting ruled that the majority in the National Assembly hasno power to cut the budget estimates made by the governments Finance Minister. It was a sad day

for jurisprudence in Guyana. The reaction was immediate with the Parliament Office questioningthe CJs interpretation of the constitution, and the opposition saying the ruling would be chal-lenged in the appeal court since it has the potential to cause a constitutional crisis in Guyana.

Mr Eusi Kwayana co-leader of the WPA was no less critical and in a letter to the Stabroek Newspublished on February 1 labelled the ruling by CJ Chang as one which leaves us to conclude thatthe Committee of Supply process is high farce.


13/23

Pro-PPP elements have hailed the decision, notably Mr Sultan Mohamed, if he exists, who wrote aletter to the editor of the Stabroek News which was printed in its February 1 issue. His letter con-tains such drivel that I will not dwell on it.

I will however dwell on what Mr Kwayana has written since it is the correct interpretation in thismatter according to legal advice I was given by very competent lawyers, although it does not go farenough.

Mr Kwayana tells us that we must always be vigilant to ensure that the three branches of the state

the executive, the legislative and the judicialremain separate, and that no one arm should seek tocontrol either of the other two. In this case the judicial arm has sought to intrude on the legislativearm in violation of the concept of the separation of powers.

Such an action, if our interpretation of what Justice Chang has ruled is correct, constitutes a viola-tion of Article 9 of the Guyana Constitution which says that sovereignty belongs to the people andthey exercise it through their representatives and the democratic organs established by or underthis constitution. It then follows that laws made by the parliament can be challenged after theyare passed, but the standing orders of the Parliament are the law governing the operation of thelawmakers of this country, who are speaking on behalf of the people, and cannot be changed by the

judiciary.

Our constitution is very clear: there are those like the PPP and its spokesman Sultan Mohamedwho would like us to think that this ruling is in keeping with our constitution, but it is not.

Our constitution expressly confers on our parliament the right to tax and to spend under theirown rules since only the people have the right to tax and to spend, and they express their opinionsthrough their elected representatives who are acting on their behalf in the National Assembly. (Itwould clearly be ludicrous for over 400,000 voters to assemble anywhere to do so; they do itthrough their elected representatives.) In this case the majority of the parliament representing themajority of the voters had instituted cuts to the 2012 and 2013 budgets as they were legally author-

ised to do by virtue of the fact that they represent the majority of the people in this country; no oneman sitting in the high court, can seek to remove those rights from the citizens of this country. It isas simple as that.

But it raises a very fundamental problem and it is this: how can any constitution allow the minorityof the people in this country to rule the majority? How can an opposition be in the majorityitsnonsense! I am informed that the 1980 constitution did not change the concept that the govern-ment cannot be in the minority and the opposition in the majority.

I am also informed that if the constitution creates an impossible situation such as this current co-nundrum we are experiencing since 2011, then it must be changed and corrected now, to avoid it

happening in future. This is where the judicial system must get involved. To form the governmentyou must have the majority of the peoples mandate to do so.

What has happened here is essentially a direct assault on the constitutional rights of the people inthis country who voted in a national election to select their representatives to say how much is tobe earned as taxes and spent in the national budget, and no judge can change what the representa-tives of the people do in the parliament once they are not violating the Standing Orders of thehouse. And in this case they are not.


14/23

What Mr Kwayana has sought successfully to do is to point out that the annual exercise wherebythe budget is examined item by item by the National Assembly and then voted on by the majorityas acceptable is a farcical exercise, if they do not have the absolute right to change or vary it, andthe majority of the people in this country are denied the right to say that they dont agree with howtheir taxes are being spent.

There is one important element which must be sought forcefully in the appeal; it is to stay JusticeChangs decision until the appeals have gone through all of the stages. In addition this ridiculoussituation of the minority ruling the majority must be resolved once and for all.

And I urge the opposition to make it clear that this matter is of immense national significance andthey must get good lawyers to take this case all the way to the CCJ. The excuse that its expensive iswearing thin now; the majority of the people who voted against the PPP must be prepared to standbehind the opposition and help to finance this matter for a resolution before March.Yours faithfully,

Tony Vieira

The Demerara Harbour Bridge project should first be broughtbefore the National Assembly for scrutiny

Stabroek News, February 5, 2014 [Letter]

Dear Editor,As reported, there can be no doubt that the rickety 36-year-old bridge crossing the Demerara Riverhas long passed its 10 years of useful life and needs urgent replacement before disaster strikes.However, its replacement should not be based on a sketchy, hurriedly prepared pre-feasibilitystudy with negotiation for financing entrusted to the beleaguered National Industrial and Com-

mercial Investment Limited (NICIL) under the dubious management of Mr Brassington.

Minister Benn was forthright when he stated that the government does not have the resources tobuild this bridge replacement, and neither does Mr Brassington have the skills and capability tonegotiate international financing for such a multi-million dollar project. In any case NICIL doesnot have the legitimacy to negotiate any loan on the financial market or offer guarantees on anyinternational loan. It is just a front for the government which has to underwrite any loan for such aproject and is ultimately responsible for its repayment. Therefore, all such matters should in thefirst instance be brought before the National Assembly for scrutiny.

In order to have the confidence and trust of the public and investors Minister Benn has to ensurethat this project is not opaque, shrouded in secrecy and that its deliberations are transparent. Ifnot, its fate will be similar to that of the Amaila Falls and Marriott Hotel projects. Investors/entrepreneurs do not put their money on a platter for investment on high risk projects in develop-ing countries unless they are assured that they will be handsomely repaid.

To assist them determine their exposure they rely on many sophisticated financial determinants,least among which is a feasibility study carried out to determine the projects economic, financial,environmental and technical viability.


15/23

It should be recalled that the Inter-American Development Bank was not prepared to consider thegovernments loan application for the Amaila Falls project unless a feasibility study was carried outfor its consideration. Such a study should be conducted by a firm with proven engineering bridgeexperience and not by those fly by night firms which rely on PPP/C favour for survival and arethe cause for so many of the problems being experienced by projects throughout Guyana becauseof their incompetence. Construction proposals should not be entertained until such time that theproject is properly defined and finance assured.

Mr Brassingtons record as Chairman of GPL and so many other projects under his responsibilityindicate his lack of managerial, technical and leadership skills. Therefore to entrust NICIL with theauthority to manage all aspects of the proposed new Demerara River bridge in order to have somesort of political control will be a disaster of enormous proportions. The Ministry of Public Worksalso may not have the personnel required to form a bridge authority to manage all aspects of theproposed project, but Minister Benn with a bipartisan approach could no doubt find Guyanese totake up the challenge with distinction.

Yours faithfully,Charles Sohan

Granger leads outreach to Linden


On Friday 31st January and Saturday 1st February 2014, A Partnership for National Unity (APNU)Members of Parliament led by Opposition Leader Brigadier David Granger conducted an out-reachexercise in Linden- Upper Demerara- Berbice Region. During the two day exercise the Parliamen-tarians, party leaders and local activists fanned-out into several communities in Wismar andMcKenzie with over 10 communities being visited. House to house visits were conducted and lead-ers got an opportunity not only to bring APNUs message to members of the community, but alsoto listen to and see first-hand, the challenges facing the residents.

The Opposition Leader and his team were given a warm welcome by residents. On November 28th2013 APNU launched its Local Government campaign and have since conducted several publicmeetings and out-reach exercises all across the country. APNU Local Government Elections Cam-paign Director, Mr. Winston Felix, said the Linden out-reach was just the first of many such exer-cises that will be conducted nation-wide in the coming weeks and month. At a Press Conferenceon Friday 31st January at the Office of the Leader of the Opposition, Leader of the Opposition,Brigadier David

Granger said that APNU was preparing for Local Government elections this year (2014). The Cam-paign Director said that the exercise was a great opportunity for APNU to understand what is hap-

pening at the level of the Neighbourhood Democratic Councils (NDCs), and for national and re-gional leaders to get familiar with the problems facing NDCs so that they can better understandwhat will be needed to mount successful campaigns in individual local government areas and con-stituencies. Some of the issues that were of concern to residents were marketing of their farmproduce, high costs of living, poor roads, inadequate water supply, unemployment and the PeoplesProgressive Party (PPP) administration failing to fulfill agreements that were signed between thegovernment and the representatives of the people of Linden in August 2012.


16/23


17/23

These are extraordinary increases considering that for the corresponding seven years earlier, i.e.from 1998 to 2004, procurement increased from $651 million to $1.165 billion or by 79 per cent. Itis not clear what was the rationale for such increases in budgetary allocations and hence expendi-ture. Correspondingly, procurement from the local organization also tripled, increasing from$973 million to $3.033 billion.Goolsarran noted that since 1997, the Ministry undertook the procurement of drugs and medicalsupplies by selective tendering, as authorised by Cabinet.

Such authorisation continued until 2010 through two successive renewals in 2003 and 2008. Thisis despite the fact that the Procurement Act 2003 restricted Cabinets role in the procurement pro-cess to one of offering no objection to contracts valued at $15 million or over. With the estab-lishment of the Public Procurement Commission, Cabinets role was to have been progressivelyphased out or ceased altogether. Regrettably, the Commission is yet to be established, Goolsarransaid.

Under the selective tendering arrangement, the Ministry would contact the pre-selected suppliersand request them to quote for the items to be supplied. On this basis, contracts were awarded.There was no independent review to ensure that the best prices were obtained for the various itemssupplied as the relevant tender boards, in particular, the National Procurement and Tender Ad-

ministration Board (NPTAB), were not involved. For the period 2011-2013, prequalification pro-ceedings were applied for the identification to suppliers. The same procedures as those of selec-tive tendering were used, except that Cabinet was not involved. However, the various tenderboards, including the NPTAB, were again not involved in the prequalification exercise nor werethey involved in the selection of suppliers based on their quotations.

Scrapping

For the period 2014 -2016, the Ministry has advertised for interested suppliers to apply forprequalification. However, New GPC may likely not have to be a part of the process as it has al-ready been previously granted prequalification status.

A review of the evaluation criteria to be used revealed that manufacturers are to be evaluated on ascore of 190 while for distributors the score is 180. At least 80 per cent is required for prequalifica-tion in addition to meeting the criteria dealing with financial and infrastructure capacity as well asthe ability to supply 75 per cent of GMA certified items.

Preference is given to pharmaceutical manufacturers in Guyana as certified by the Guyana Foodand Drugs Analyst Department. They automatically qualify and are eligible for 10 per cent priceadvantage compared to imported items. Companies with appropriate warehousing facilities are al-so given preference. Manufacturers will therefore have to score at least 152 points. This is very un-likely, considering the above requirements. In addition, they must have facilities for laboratorytesting and quality testing, including full-fledged quality control department with qualified, trained

and experienced personnel, all of which carry a maximum of 50 points.

Goolsarran pointed out that the Auditor Generals reports over the years, however, revealed anumber of unsatisfactory features in respect of the performance of the main supplier of drugs andmedical supplies. For example, as at September 30, 2013, medical supplies valued at $58.583 mil-lion had not been delivered to the Georgetown Public Hospital and the related bank guarantee hadexpired in April 2013.


18/23

As regards the Ministry of Health, as at September 30, last, medical supplies valued at $164.603million had not been delivered, and there were no bank guarantees in force to cover this amount.There were also outstanding deliveries for 2011 totalling $59.835 million while for 2008 there wasno evidence of the delivery of supplies valued at $79.262 million. Despite these shortcomings, noaction was taken against the organisation for non-compliance with its contractual obligations.

As regards the governments storage facilities, there was evidence of significant amounts of pilfer-

age, damaged and expired drugs; poor recordkeeping in respect of receipts, issues and balances onhand; and high levels of discrepancies between physical balances and the recorded amounts.Given this situation, and the fact that manufacturers and distributors are required to have 30,000square feet of storage with three separate temperature zones, would it not be more cost-effective tohave an arrangement whereby deliveries are staggered, for example, every quarter, instead of bulkdeliveries?

If this happens, the requirement the Governments warehousing and storage facilities can be sig-nificantly reduced. According to industry experts, the cost savings are likely to be between 16 percent and 20 per cent. Using the figure of $4.393 billion, representing the purchase of drugs andmedical supplies in 2012, these savings could be at least $700 million annually.

Government should not compete with the private sector Granger


It is my view that much of the development of this country has to be done by the private sector,said Leader of the opposition coalition, A Partnership of National Unity (APNU) David Granger.Granger was at the time commenting on the statements made by the Central Executive Officer

(CEO) of Guyana Telephone and Telegraph Company (GT&T) Radha Krishna Sharma when he ar-ticulated in a previous Kaieteur News article that Government has no business in the Informationand Communications Technology (ICT) Sector. Rather, it is an area that should be spearheadedwith capital from the private sector, Granger added.

Sharma said that with respect to Government being involved with the ICT sector (by way of its E-Governance project where the government has begun stringing a fiber optic cable from Brazil toGeorgetown), that based on the global market and dynamics of the industry and the success ratewith respect to Governments engagement in the private sector it can be unequivocally statedthat ICT sector should be spearheaded by private capital.

The company said that Guyana has lost four years since its initial request to facilitate 3G/4G tech-nology in the country. To this end, we intend to intensify our efforts in discussions with the gov-ernment to allow for this, which is an everyday usage in other Caribbean territories Sharma said.This particular issue has been a sensitive one. Currently, a number of companies, including GlobalTechnology and Quark Communications, have been earmarked for telecoms license, once the newlaws are passed. Both companies have linkages to Dr. Ranjisinghi Bobby Ramroop, a close friendof former President Bharrat Jagdeo. Other countries, because of how lucrative the telecommunica-tion business is, have been moving to ensure that they receive big bucks for the licenses.


19/23

Granger said that APNU believes that the regulatory environment must be preserved. We mustmake the country safe for business persons for investors, for ordinary citizens. We do not feel itsgovernments job to compete with the private sector. He said that there are certain things that thegovernment must do such as provide security, and provide infrastructure, the government mustprovide certain public services such as health and education but once you get beyond that and startto compete in profit making enterprises, like running newspapers and running gas stations we feelthe government should pull out. I made this statement three years ago about GuySuco [GuyanaSugar Corporation] and I was seriously criticized because I said the government has no place grow-ing sugar, that the government should provide an environment within which citizens could func-tion; go about their business and set up enterprises said the APNU Leader.

Granger said that the government has a lot of work to do to provide public services and shouldstick to defense, security, infrastructure, education and health and stay out of the ICT sector. Theopposition coalition leader contended that the government should be a facilitator by providing ICTlaboratories in schools. He said that the government could produce a large class of people who areliterate and competent in various techniques and technologies but I think the government hasgone beyond that now and has started to become a competitor and I feel that is dangerous becausethe government is very powerful and it can use the weight of the state to secure advantages over itscompetitors, thats one of the reasons why they should come out of the traditional media such as

Chronicle and GINA [Government Information Agency] said Granger.

Dr Karen Cummings the likely successor to Backer in Parlia-mentdecision still to be taken on nomination for Deputy

Speaker Granger


Dr Karen Cummings, wife of Peoples Progressive Party candidate, Dr Emmanuel Cummings, has

all but been confirmed as the replacement in the National Assembly for A Partnership for NationalUnitys (APNU), Deborah Backer. While a number of party sources have confirmed that Dr Cum-mings is the pick, APNU Leader David Granger, would only confirm that she is being consideredamong other persons. He said that a final decision has not been made as yet.

According to Granger, following a formal announcement by Backer the partys executives wouldhave to meet and take a decision. He explained that while APNU is a coalition in Parliament andsince Backer comes from the Peoples National Congress Reform (PNCR), that party will be mak-ing the decision. Former Chairman of the PNCR Bishwaiswar Cammie Ramsaroop, is currentlythe representative of the list of candidates for the coalition and will ultimately have the final say inwho will be named as the successor.

Granger said yesterday that as had been the case when determining who would be seated in parlia-ment following the 2011 election; there is a formula that will be used.He spoke to the gender balance and geographic representation among other criteria.Dr Cummings in an invited comment yesterday said that while it was not in an official capacity,she has been asked if she would be willing to fill the void left by Backer. She however did not denyher willingness to serve as a Member of Parliament in the APNU benches As it relates to who theparty will be nominating to be elected as Deputy Speaker, a position currently held by Backer, theAPNU leader said that this too will be subject to discussion when the executives meet.


20/23

He said that a final decision has not been made as yet but given the challenges of the portfolio theyare going to be looking for a competent enough person. He lauded Backer competency to hold theposition pointing to her knowledge of the Parliamentary Standing Orders, her legal training, andher knack for research before handing down decisions. Backer missed a number of sittings of theNational Assembly after she fell ill late last year and had to be hospitalized. She was subsequentlyflown to a Florida Hospital for further treatment.

Granger had previously told this publication that she was expected back in Guyana for the January16, sitting of the National Assembly but this did not happen. Parliament met on January 23, last,and she was again absent from the House. Since Backer was first hospitalized in Guyana the familyand party members have been tightlipped on her condition and even the visitors to the Hospitalhad been kept to a minimum.

Backer, who is currently the serving Deputy Speaker of the National Assembly, is also a well knownAttorney-at-Law. Backer is a member of the Central Executive Committee (CEC) and Vice-Chairman of the Peoples National Congress Reform. She has been a Parliamentarian since 1997and had also served on the Georgetown City Council in 1994.Backer is also a serving member of a number of important organisations such as the Lions ClubInternational and is currently an organising member of the Womens Millennium Caucus.

No way could police have been involved in No.48 robbery Fe-lix

Stabroek News, February 3, 2014

Former police commissioner Winston Felix says there were no way ranks in Corentyne, Berbicecould have been involved in an armed robbery as is being claimed as the only working vehicle theyhad at the time was at the No. 51 station where a vehicular accident was being investigated.

Felix, while describing the situation in Berbice as one big mess, said too that the ranks in this ar-ea lack the basic resources but are still expected to perform their duties efficiently. Several at-tempts on Saturday to contact Police Commissioner Leroy Brumell for an update on the robberyallegation and the apparent lack of resources in that section of Berbice were futile.

Felix made these statements in wake of the recent incident where all the ranks from the No. 51 Po-lice Station were transferred after residents accused them of being involved in an armed robbery atNumber 48 Village two Sundays ago. Residents had claimed that the police caran AT 192 ToyotaCarina, PJJ 6872 with siren lights at the top that the police arrived in later to investigate therobbery was used to transport the bandits. According to them, during the robbery the car was driv-ing slowly on the road without lights. However Felix, who is now the shadow Home Affairs Minis-ter for APNU had a different version of events and said that an investigation would have found thatthe police vehicle was nowhere close to Number 48 Village when the armed robbery occurred. Heexplained that the police on the Corentyne have one old vehicle that is based at Number 62 andwhich according to one resident is only working at 30% of its capacity.


21/23

Felix, who took a trip to the area to get a firsthand look at the situation after the allegations sur-faced and the residents protested, said that there is no vehicle at Springlands, a main area in theUpper Corentyne. He added too that here is no vehicle at Number 51. He explained that based onwhat the residents told him, in the night the police at Number 51 would call Number 62 where anoutpost is located for the white police car with nonfunctional flashing lights to do their regular pa-trols. According to Felix, this vehicle is tasked with patrolling between Number 51 and Number 45villages.

Felix said that according to what he had gathered the ranks were on patrol last Sunday night whenthey came upon an accident scene somewhere along the patrol route. As a result of the accident hesaid that they went to the Number 51 Police Station and while there they got a call about the rob-bery at Number 48 village. He said that the ranks left their post and travelled to the scene assoon as practically possible after they got the information. He said that as soon as the four ranksarrived at the scene, the residents began to accuse the police of being involved in the robbery. Myunderstanding is that not even the victim told the police about any police rank or any white car.That is the residents. Those people were out of control.

They stopped the police, literally preventing them from investigating the crime and accused them,he said noting that during the meeting with the commissioner of police about three persons stood

up and said that the police were not involved in the robbery. He said that he had not seen this bitof information reported anywhere in the media.

Felix said that he was moved to make comments on the matter since he was once stationed in Ber-bice and knows what ranks there have to endure. The police is heavily starved of resources by thisgovernment. Why the government does not have vehicles allocated to the police at the main sta-tions in Berbice? he asked noting that one should not expect top performance from a police forcethat is starved of resources. He said that in spite of these shortfalls the police continue to work.On top of all of that the entire station is being accused of armed robbery, he said.

Felix said too that there are three vehicles in good condition in the possession of persons who are

being paid as much as $30, 000 per month to do nothing with them. He questioned why these ve-hicles are not given to the police so that they can adequately patrol the Corentyne area. The publicsecurity situation in the country is not well served with Mr. Clement Rohees continued blunder-ings as Minister of Home Affairs. Instead of transferring ranks wrongfully accused of committingcrime, he should do this country good service by demitting office, he charged.

Reports are that on Sunday night four masked bandits invaded the home and shop belonging toVimlawatie Dato Ramdeen and her husband, Lilman Ramdeen.The bandits beat the Ramdeens,fired several shots to apparently scare persons away and carted off about $600,000 in cash, jewel-lery and cell phone cards. Residents said the same car an AT 192 Toyota Carina, PJJ 6872 withsiren lights at the top that the police arrived in later to investigate the robbery was used to

transport the bandits. According to them, during the robbery the car was driving slowly on theroad without lights. Agitated, residents who had gathered at the scene prevented the police frommoving the car and also blocked the road, disrupting traffic. Brumell met with residents last weekand after announcing the transfer of the ranks listened to their concerns.


22/23

Oppositions clandestine connectionsRohee must ex-plain his failings before he smears others- FelixFEBRUARY 6, 2014 | BY KNEWS| FILED UNDER NEWS

A Partnership for National Unitys (APNU) shadow Minister of Home Affairs and former Top CopWinston Felix says Minister Clement Rohee should do some introspection instead of smearing theOpposition.

He was referring to the recent comments made by the Home Affairs Minis-ter linking the Opposition with drugs and criminal elements because of whathe (Rohee) stated is their non support of the passage of the Anti MoneyLaundering and Countering of the Financing of Terrorism (AMLCFT) legis-lation and the Oppositions actions of walking out of the Parliamentary Se-lect Committee that was tasked with reviewing the said legislation.

According to Felix, Rohee must look at his own role as Minister of Home Af-fairs against the backdrop of the burdening drug problem that exists locallyand the fact that not one drug arrest has been convicted since he becameMinister of Home Affairs from August 2006 to now and that is one of thereasons why a no confidence motion was passed against the Minister.

Felix questioned if he knows that the Opposition is involved with drug dealers then how is heleading his Ministry to unmask those who are really and truly involved, rather than paint brush it?His Ministry, through intelligence gathering and through information sharing should have beenable to unmask all Opposition people who he claims is involved in crime or drug trafficking, so Ro-hees statement is useless and is more in support of the inefficiencies of the Ministry of Home Af-fairs.

The APNU shadow Minister said that Rohee is jumping to conclusions by saying that they (APNU)are not supportive of the AML CFT legislation. He is adamant that although his party is supportive

of the legislation, they have found deficiencies that they want corrected in the old Bill such as theFinancial Intelligence Unit (FIU) not properly established.

Felix said that more input in necessary to make our own Bills effective because even if you passthe current AML legislation that is being imposed by the Caribbean Financial Action Task Force(CFATF) you still dont have the financial institutions to deal with all of those issues and that iswhat we want ;a proper functioning FIU, properly staffed, properly resourced, with proper Parlia-mentary oversight. Those are the things we are looking for we are not against AML, as a matterof fact we see it as complementary to the drug fight.

He called on Rohee to explain his failings before he calls names and smear other people or other

political opponents without any proper evidence to support these vicious allegations said Felix.

The former Top Cop stressed that Rohee has a lot to do to make inroads into drug trafficking inGuyana, we have had last year a large quantity of cocaine found in a sawmill operating out of theinterior and the East Bank. They arrested a large number of people but you know what, everybodywent free because nobody has been charged, all they have is the cocaine and they have not dealtwith the problem. These are issues Rohee must focus on and he needs to build credible narcoticsections both in the police force and CANU [Customs Anti Narcotics Unit] to deal effectively withthese matters whenever they are uncovered.


23/23

Felix stressed that the fact that a Drug Enforcement Administration (DEA) is absent in Guyana isanother typical indicator that the government is not interested in adding muscle to the local drugenforcement agency.

With respect to the Opposition walking out of this hearing of the Committee, he said the action wastaken because of the position taken by the Chairperson of the Committee Gail Teixeira. One posi-tion was passed and she was coming with a motion to counter that motion what are you intend-ing to create? He questioned.

He stressed that the decision had nothing to do with what Rohee said about the private sector andmedia being present at the hearing of the Committee.

Visit our website for more informaonwww.apnuguyana.com or follow us on

facebook-APNU GUYANA and twier-APNUGuyana

Diaspora News - February 1 - 7, 2014

Documents

Transcript of Diaspora News - February 1 - 7, 2014