The Minister of Local Government should not have control over local authorities and their elections

On March 8, I penned a letter ‘Under the constitution Minister Lall cannot instruct the Auditor General’ (SN) after he informed the nation that he had so instructed, and that the Auditor General (ag), had duly complied. After writing that letter, I read an equally strange and uninformed disclosure by the Minister in connection with a proposed sale of a playground in Nandy Park to a “prominent, very well connected businessman.”

The Minister revealed at a press conference that he summoned persons to his office, and that they pleaded not guilty “in that they did not know the law.” For good measure, the Minister, having set himself up as a tribunal, then ruled that “it was quite clear they are all knowledgeable of the law.”

I regret that I cannot say the same of the Minister, a senior member of this government. Although Mr Lall displays a regrettable ignorance of relevant, key provisions of the constitution and the laws that are specific to his post, we tend to regard such behaviour by a minister of Mr Lall’s standing as providing light relief, not worthy of a comment. But this time it is different. As Minister of Local Government, Mr Lall is empowered under section 3 of the Local Authorities (Elections) Act Cap 28:03, for the “general direction and supervision over the registration of voters and over the administrative conduct of elections.”

In my view, the electoral system should be entirely taken away from the political authority and vested in the Guyana Elections Commission. Some may say that this is still not ideal, since the commissioners are all political appointees. But at least in GECOM, the Carter model prevails with both government and opposition parties represented, under an independent chairman.

That model was intended for a limited time only and it is more than time for it to be changed. But we should never let the perfect be the enemy of the good. The ruling party should go through with the agreement for an amendment of the law to remove the control which the Minister of Local Government has over the local authorities and their elections. That will help to foster confidence in the electoral process.

Finally, let me recommend that our ministers replace their in-house public relations contract employees with in-house attorneys-at-law. Larger private sector entities ensure they have in-house legal expertise to advise them on the laws and prevent them embarrassing themselves either in public or private.

Edit: I have been informed, and can confirm that section 3 referred to in my letter was changed in 2009 so that the fear about the Minister’s control of elections has been removed.

His control of the local authorities and city councils remain however.

Under the constitution Minister Lall cannot instruct the Auditor General

Minister of Local Government, Mr Kellawan Lall boasts in a letter (‘Minister of Local Government called in Auditor General’ SN, March 3) that the investigation currently being carried out by the Auditor General into alleged financial irregularities by Region 4 personnel was done on his “explicit instructions.”

Perhaps Mr Lall is unaware of Article 223 of the Constitution which states: “In the exercise of his functions under this Constitution, the Auditor General shall not be subject to the direction or control of any person or authority.”

While no minister should be excused for ignorance of the constitution, it is absolutely unacceptable for the Auditor General (ag) to act on such instructions. But that is what Mr Sharma did. As Mr Lall further proudly announced in the letter, the Auditor General has since submitted to him a preliminary report.

Unfortunately, this is not the first time that the Auditor General has acted on political instructions, with the flood money and the Polar Beer scam being prominent cases. All the talk about transparency and accountability amounts to nothing until we appoint a qualified person as the Auditor General and deal with the egregious case of conflict of interest between the Ministry of Finance and the Audit Office.

Threshold Country Plan/ Implementation Project was a major failure – conclusion

Introduction
Last week Business Page began a discussion on the just concluded two-year US$6.7 million Guyana Threshold Country Plan/ Implementation Project (GTCP/IP) funded by the US Government Millennium Challenge Corporation (MCC). The column argued that the assessment announced by Director of Threshold Programmes, Mr Malik Chaka, that the project had been successfully implemented was inconsistent with the actual results of key elements of the project. That announcement was made on February 17, 2010 to assembled, mainly government dignitaries, and was echoed by President Jagdeo and Minister of Finance Dr Ashni Singh.

What each of these gentlemen must have known was more than seven weeks earlier, a meeting of the MCC Board chaired by Secretary of State Hillary Clinton, was held to select the countries that would be eligible to receive Millennium Challenge Account assistance during 2010. Guyana, which was included in the lower income countries category, was not even mentioned in the release by the MCC of the decisions taken at the meeting. The countries selected were Cape Verde, Indonesia, Jordan, Malawi, Moldova, the Philippines, and Zambia.

So, before resuming an examination of the statement by Mr Chaka, I will briefly discuss the assessment by the MCC Board, and how it may have come to the decision to exclude Guyana from further MCC fund support.

The MCC decision
In determining eligibility, the Board compared countries’ performance on 17 transparent and independent indicators to assess, to the maximum extent possible, countries’ policy performance and demonstrated commitment to just and democratic governance, economic freedom, and investing in their people. Additionally, the MCC considers adjustments for data gaps, data lags, or recent events since the indicators were published, as well as strengths or weaknesses in particular indicators. From all indications, Guyana performed creditably based on the tabulated assessment, and probably did not suffer from any technical adjustments. Guyana’s failure then must have stemmed from additional quantitative and qualitative information, such as (absence of) evidence of a country’s commitment to fighting corruption and promoting democratic governance, and its effective protection of human rights.

Such additional information could include Transparency International’s Corruption Perception Index which rates Guyana among the most corrupt countries in the world; Heritage Foundation which ranked Guyana at 155 of the 183 nations in terms of economic freedom, as well as oversized government which the Foundation considers one of the biggest barriers to economic development; and the World Bank Doing Business Guide which ranks Guyana at 101 of 183 countries for ease of doing business, with 1 being the best. Then of course the United States Embassy in Guyana would prepare its own commercial and other reports on Guyana, none of which can be assumed to be particularly flattering to this country.

Broken promise
It should come as no surprise therefore, that Guyana did not win MCC’s approval, despite the President’s attempt to discredit these various reports as soon as they were published. Last year for example, he dismissed Heritage as a “conservative right-wing body” and disclosed plans to invite researchers here to dispel fictions about the situation on the ground. It is not known whether President Jagdeo brought in the researchers, or whether his subsequent silence was because their findings did not support his allegation. What it does mean is that when next Guyana complains about any such adverse report, the failure by the President to justify his allegations against these reports would certainly not help our case. Indeed, the report released by Heritage in 2010 was even more damning, demonstrating that despite the use of his bully pulpit, the President has not succeeded in deterring those who use a slightly more objective yardstick to judge the country and government’s performance.

Guyana was rated by the Center for Global Development (CGD) as having passed all the benchmark indicators although it was substantially below the average of the “3-year budget balance” among comparator countries. The median score of all countries for this indicator was a negative 1.36%, while the percentage for “substantially below” was negative 3.34%. Guyana’s score was negative 8.46%. Using the overall score, the CGD had identified Guyana from among the low income countries most likely to be selected for MCA funding. That it failed to win the Board’s approval is a measure that the modern world judges governance well beyond the construction of roads, house lots and social facilities, useful and powerful political incentives though these might be. Unfortunately, this appears to have escaped the notice of our top politicians.

As Mr Chaka had said, failure in one year is not a disqualification from participation in succeeding years. But again, President Jagdeo who demonstrates a pathological inclination to micro-manage – and to do the work of even his “bright” ministers – does not help the country’s case by building close ties with Iran whose leader seems to enjoy daring the international community to declare his country an international pariah. With corruption assuming venal proportions, the country’s biggest budget dollar deficit ever, poor governance, and further evidence of bloated big government, the prospects for Guyana being selected for MCA funding any time soon do not appear too good. So let me take up where we left off last week.

The other tasks
I had noted then that MetaMetrics, one of the project’s US-based consultants had disclosed that the project would be conducted through six tasks. Suggesting that it was against these objectives that the success – or failure – of the project should be measured, I concluded based on the evidence available to the public, the country had performed badly in relation to the first three tasks. How then did we do with the others?

4) Improve Expenditure Planning, Management, and Controls
The revelations arising from the recently concluded budget debate, including the reckless abuse of contract employees; the serial violations of the Fiscal Management and Accountability Act 2003 by ministers and officers; waste and corruption in the procurement processes both in central government and the regions; unqualified contractors; state subsidies to sugar, rice and electricity; the expending of billions on projects for which there is little or no proper technical, economic and financial assessment; the consistent weaknesses identified in the annual reports of the Audit Office; and the almost daily reports of frauds in public offices including the Guyana Revenue Authority, must more than adequately establish that we score poorly on 4) as well.

5) Empower and Create Capacity within Two Principal Parliamentary Fiduciary Oversight Committees
The two principal oversight committees are the Economic Services Sector Committee and the Public Accounts Committee. Reports are that the first has been meeting regularly to identify entities and departments it would question about their performance. Press reports indicate that the committee has met with the loss-making Guyana Sugar Corporation and the National Insurance Scheme which is appearing increasingly under-funded. That this is happening is a positive, commendable development but the information available to the public is far too sketchy to allow an objective assessment of the effectiveness of the committee’s work. It would be useful if the public were allowed to attend the meetings of this committee and its reports made public.

The better known fiduciary oversight committee is the Public Accounts Committee which has as one of its principal mandates the oversight of the Audit Office and the review of that office’s Annual Audit Report. Those reports are always late, are often incomplete and raise more questions than answers. The last report of the Audit Office for 2007 is mainly a repetition of prior years’ issues that have not been resolved and those awaiting “policy decisions.”

While the parliamentary opposition complains that their views and recommendations are ignored, the government has been showcasing the committees as inclusive governance.

The fatal weaknesses in the Audit Office need no repeating. From top to bottom the office is poorly qualified and inadequately staffed, subject to strong political influences and instructions, in violation of its own act and the constitution.

6) Business Registration and Incorporation
While MetaMetrics on their website had referred to both registration and incorporation, I do not believe that those who actually carried out the consultancy in Guyana understood the difference between the two, or that there are two laws dealing with the registration of businesses. These are the Companies Act 1991 which allows for the registration of external companies, and the Business Names Registration Act which deals with unregistered companies.

I participated in a sensitization workshop on Friday December 4, 2009 at which grand claims were made about the reforms in business registration. I was amazed at the level of misunderstanding among the consultants and what they call success. For example they spoke of 96,000 business registrations and 5,600 company registrations, even as only 700 companies file tax returns annually! It must have been the greatest act of resurrection for more than 2,000 years.

One of the lead consultants said at that forum that when the World Bank does its next Doing Business Guide, he expects Guyana to jump by about one hundred places since the time for the registration will be less than countries now in the top 10! I had to point out to him that that is one of ten criteria under one of a score of benchmarks. He did not know that.

Another example of misinformation about the success is an official website that proudly boasts that it is possible to incorporate in Guyana a company by way of the internet, and the time has been significantly shortened. That is not true. Incorporation and registration require statutory declarations by attorneys-at-law and photo ID’s while forms risk being bounced for what appears to be the pettiest of reasons. Under new money laundering rules, commercial banks would not deal with a non-resident company until it has been registered or incorporated and even residents must now produce official, unexpired proof of identity.

Conclusion
There has been more rhetoric than reality in the boasts about success of the project. It has had significant overlaps with other projects such as the National Competitiveness Strategy, parliamentary reform, and other consultancies. This allows several persons and organisations to claim credit for success, and to disown failures. What no one has so far done is consider objectively whether the country gets value for money, with the competitiveness strategy an outstanding example. With scarcely any benefit accruing to the country from that project, it will be the taxpayers who will have to find the money to repay the IDB the five billion dollars we borrowed from them for the project. The poor taxpayer gets poorer.