21 April 2008
Mr. Edwin Carrington
Secretary General
Caricom Community Secretariat
Liliendaal
East Coast Demerara
Dear Sir
As Guyana teetered on the brink in 1997 the institution of CARICOM responded in both a timely and effective manner giving birth to the Herdmanston Accord and the St Lucia Statement. Guyana breathed a sigh of relief.
Sadly, some ten years after the inking of those historic documents it seems necessary to once again, contemplate the exercise of CARICOM’s collective influence in Guyana’s affairs to facilitate an environment of peace and social stability – a necessary prerequisite for progress, development and the security of Guyana’s citizens.
In this context, I wish to bring to your attention and the Heads of Government of CARICOM recent unsavoury developments in Guyana in the hope that Caricom may once again use its collective influence on the President and Government of Guyana to move in a positive direction.
This need becomes more urgent in the context of the Region’s recently expressed concern for security; the destabilising impact of the spiralling price of food commodities and, the proposed hosting in GUYANA of a major socio-cultural event, namely, CARIFESTA X.
The continuing dictatorial behaviour and abuse of power by the President and Government of Guyana, the Government’s continued disregard for the Rule-of-Law and the Constitutional rights of citizens, the insidious use of torture of citizens by the Security forces, and the blatant non-implementation of Agreements solemnly entered into with the Opposition have created conditions which threaten the environment of peace and social and political stability in Guyana today.
The closure of CNS TV Channel 6, by the President, for four months, is the latest assault by the Government on the right of Freedom of expression, and the right to work, as guaranteed by the Guyana Constitution.
These assaults, against anyone expressing opposing views to the regime, started since 2001 with the threats and closure of HBTV Channel 9; the threats and undermining of the economic interests of VCT Channel 28, by forcing the removal of the Lottery Broadcast contract from that station to the State owned Channel 11 and later the cancellation of the TBN broadcasts in Guyana which were managed by VCT Channel 28; the vilification and physical assaults on C.N. Sharma by PPP activists, with no redress in the Courts; and removal of advertisement by Government in the privately owned Stabroek News for more than 17 months.
It should be noted that the Administration only recently resumed advertising with the Stabroek News, apparently to cushion the effect of their planned closure of CNS Channel 6.
The exercise of this arbitrary power by President Jagdeo has been facilitated by his refusal to honour a Memorandum of Understanding (MOU) between himself and the late Leader of the PNCR and the Opposition, Mr. Desmond Hoyte. That MOU established the Advisory Committee on Broadcasting (ACB) on November 17, 2001, “…..to advise the Minister [responsible for administering the legislation governing Broadcasting] with respect to compliance by Television Station Licensees with the terms and conditions of Licences and to recommend to the Minister such appropriate action in the event of failure by a Licensee to comply with such terms and conditions and to discharge other related functions.”
Moreover, the MOU explicitly stated that “The Parties agree that the Minister, in the exercise of his power pursuant to the Act and the Wireless Telegraphy Regulations made there under, with respect to Television Station Licences, will act in accordance with the advice tendered by the Advisory Committee on Broadcasting.”
The President has acted unilaterally and disregarded this commitment. More significant, however, is the fact that the ACB was an interim measure until the enactment of appropriate Broadcasting legislation based on the recommendations of the Joint Committee on Radio Monopoly, Non-Partisan Boards and Broadcasting Legislation adopted by the President and Leader of the Opposition in December 7, 2001. This was to ensure that political control over media in Guyana was completely removed. The Government failed to honour its undertaking.
There was a renewed commitment in the Communique of May 6, 2003 signed by President Bharrat Jagdeo and Mr. Robert Corbin, Leader of the Opposition to introduce Broadcasting legislation within four months of that date. Regrettably, approximately five years later this remains yet another unfulfilled commitment.
This assault on Press Freedom is but one of the many matters which have created an atmosphere of tension in the country. Other issues of concern include:
Presidential Abuse of Power, Disregard for the Rule of Law and for the Constitutional Rights of Citizens.
The Integrity Commission has been illegally appointed by the President in breach of Section 3 of the Integrity Commission Act No. 20 of 1997. Attempts to have this matter determined by the Court over the last four years have yielded no results.
The Life of the Ethnic Relations Commission was extended in 2006 by the President in violation of Article 212 B of the Guyana Constitution.
The Government, through the use of agencies of the State, such as the Security Forces, has displayed contempt for the Fundamental Rights of citizens as guaranteed by Title I (Articles 139 -154 (a)) of the Constitution and in total disregard for the Rule of Law.
Recent Examples of these Breaches include:
(a) The arrest, detention and subsequent trumped –up charges of sedition against Oliver Hinckson who has been refused bail while his case has been repeatedly adjourned.
(b) The arbitrary arrest and detention of citizens on various pretexts – the common practice being to detain persons late on Friday so that they remain in custody for the weekend and are then released on Monday without any charge being brought.
(c ) The use of brutal torture by the Security Forces against citizens including, Victor Jones, Patrick Sumner and David Zammett, in contravention of the International Convention Against Torture ratified by the Government.
(d) The unlawful destruction of property by the security forces, particularly at Buxton where the sanctity of homes has been violated with impunity, personal property wantonly destroyed and farms have been irreparably damaged.
(e) The unlawful killings of citizens by the security forces and the disappearance of others without a trace. The most recent examples of unlawful killing are those of Tyrone Pollard of Lot 81 Buxton Sideline Dam and Donna Herod.
The above-mentioned breaches have been compounded by the failure to hold Inquests or mount independent investigations into these incidents.
In the circumstances, I urge you to bring these matters to the attention of the Caribbean Heads of Government. I hope that consideration by them could lead to recommendations to the President and Government of Guyana to meaningfully address the issues raised in this letter. In this regard, my Party and I stand ready to present any further information which may be deemed necessary.
Yours sincerely,
Robert H O Corbin, MP
Leader of the People’s National Congress Reform &
Leader of the Opposition of Guyana
c.c. Caricom Heads of Government
His Excellency Mr. Hubert Ingraham
Prime Minister of Bahamas
Chairman of CARICOM
Thursday, April 24, 2008
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This letter reads like a "concise history of the PNC's 28 year rule".
ReplyDeleteGoes to show, what goes around comes around.
The PNC will suffers as every day goes by
ReplyDelete