Civil Society missed a great opportunity

I think the representatives of civil society were right to accept the invitation from President Bharrat Jagdeo to meet with him on the crime situation following the Bartica massacre.

My concern that they may not have properly grasped the opportunity for a meaningful exchange with the President arises from the anodyne statement coming out after two days of consultations.

That statement certainly does not make me feel safer or optimistic as the only matter of substance agreed is that civil society will have an opportunity to review the government’s security plan. Does this have anything to do with the reports referred to Special Select Committees chaired by the Prime Minister, including the one referred to as the Chang Report?

If the “plan” to which the representatives are privy is a separate plan what is the relevance of the work being done by the Special Select Committees?

He was modest, a good raconteur and great company

The death of Mr. Deryck Bernard who returned from Trinidad and Tobago two weeks ago for the funeral of his mother came to me as a great shock. To his wife Myrna, children Ayanna and Denyse and to siblings who had just returned to their homes abroad, it was a cruel blow. May God in whom Deryck believed and served by way of good and selfless work to the people of this country give them the understanding and strength to cope with yet another personal tragedy.

Within the past years, Deryck, an avid seeker of truth and learning embarked on a course of study to become a lawyer. He was an outstanding student who was willing to challenge the status quo, questioning the administrators and lecturers about the failure to teach concepts such as Islamic, Feminist and Marxist Jurisprudence and challenging notions and practices to which the legal profession seems unshakably bound.

Within weeks of being at the Hugh Wooding Law School he soon earned the respect of the administration and his colleagues. In fact, a couple of weeks ago, Deryck was asked without prior notice to comment on the process of legislative enactment under the Westminster Model. I felt proud at the eloquence and clarity of his account which was met by spontaneous applause from the entire class.

He was also a modest individual, a great raconteur and great company. He was quietly but passionately patriotic and was already planning the annual Guyana Night to be the best show ever put on at Hugh Wooding Law School.

I will miss him, the exchange of visits, the exchange of notes and ideas, his generosity and the regular conversations he, Donald Rodney and I shared over inexpensive meals appropriate to students.

As Deryck put it, our age would not allow us the luxury of learning on the job but required that we hit the ground running. Deryck did not live to see that dream or to write several more books or short stories.

His death is a huge loss to our country. The students at Hugh Wooding Law School will miss him.

The Special Select Committee appointed to deal with the report of the Disciplined Forces Commission never reported

I spent Sunday morning visiting friends in Lusignan and the homes attacked in the massacre there. While I was moved by the accounts of devastation and grief and the tale of horror of those who lost loved ones, I do not pretend that I can fully appreciate the damage to the community and the trauma to the surviving close relatives. To put a father, mother and child on a sofa at 1.30am and shoot them at point blank range is something associated with the Nazis, not Guyana.

No doubt it was an act of unspeakable horror for Guyana and those responsible should pay for it. But the question is where does the responsibility end?

Since 1993, when Monica Reece was murdered and her body dumped in downtown Georgetown, citizens have been calling for action by the Government to stem the rising tide of lawlessness that was enveloping Guyana. Instead, we have since witnessed cycles of unsolved murders of a Minister of Government, a prominent media and African rights activist and hundreds of others. After each wave we are treated by the Government to the same banalities about what it will and will not do and from the opposition political parties to what the Government should have done but did not do. And there the matter would end until the next major round of murders.

Various reports such as the Symonds Report and the Disciplined Forces Commission Report were swept aside to make room for indicted New Yorker Bernard Kerik and a politically controlled and ineffective National Commission of Law and Order.

For these failed initiatives the President and his Government must accept inescapable responsibility. But they are not the only ones that are culpable. On May 16, 2003, the National Assembly set up the Disciplined Forces Commission (DFC) comprising Justice Ian Chang as Chairman, recently appointed Appeals Court Judge Charles Ramson, Anil Nandlall and Mr David Granger and Ms. Maggie Bierne of Northern Ireland who was replaced on her resignation from the Commission by Professor Harold Lutchman.

The Commission was required to “examine any matter relating to public welfare, public safety, and public order, defence or security, including the structure and composition of the disciplined forces and make recommendations generally with the view to promoting their greater efficiency and giving effect to the need in the public interest that the composition of the disciplined forces take account of the ethnic composition of the population!” The Commission handed in its report on May 6, 2004, almost four years ago.

It was a comprehensive document with some one hundred and sixty-four specific recommendations, many of which were then [and now] immediately implementable. But instead of action, the response of the National Assembly was to refer the report to a Special Select Committee with heavyweights like Mr Bernard De Santos as chairman, Ms Gail Teixeira and Mr. Doodnauth Singh from the government and Mesdames Clarissa Riehl and Debbie Backer and Messrs Basil Williams and Raphael Trotman from the opposition, all attorneys-at-law. That Committee met on ten occasions but never completed its mandate or submitted a report.

Strangely, the National Assembly did not revisit the matter again until July 26, 2007 (just remember the date for one moment) when it again passed another motion appointing yet another Special Select Committee to conclude the examination of the DFC Report. In the discussions on the July 26 motion, the most vocal critics of the government were ironically the opposition members of the first Select Committee, accusing it of tarrying while Guyana was burning from the heat of the criminals.

One of the opposition members even referred to the motion as a sad indictment of the National Assembly and the people of Guyana. How a trained attorney-at-law could find the failure by that body an indictment of the people of Guyana is surely a legal stretch but in its further confusion and dilatoriness, instead of treating the matter with the urgency it deserved, the National Assembly gave the Select Committee six months to come up with its recommendations on the recommendations.

Completely oblivious of the seriousness of their mandate and the deadline, the Committee on this occasion headed by Prime Minister Hinds and comprising Messrs. Rohee, Benn, Dr. Bheri Ramsarran, Bernard De Santos and Ms. Philomena Sahoye-Shury from the government and the same four from the opposition is yet to meet! I am therefore surprised at the statement attributed to committee member Debra Backer in the media that home affairs minister Clement Rohee is the chairperson of the committee since one would expect her to know such basic information.

Now for the significance of the date of the motion: the six months expired on the day the Lusignan Massacre took place!

At a minimum the failure of the National Assembly constitutes a dereliction of duty by all our Parliamentarians and Guyanese should accept no excuse for this gross incompetence but for which so many lives including the Lusignan 11 may have been saved. Mr. Trotman of the AFC has apologized on behalf of the politicians. To the dead and those close to them, such apologies are of course meaningless and for others the question is what next. Do the opposition parties not realise that their contribution to major crime events almost mirrors the Government’s React, talk and forget – until the next episode.

The Government bears primary responsibility for the management of the country but one of the functions of the opposition is to bring effective pressure to bear on the Government when it fails to do its job. Instead, like the Government they too seem to offer only blame and excuses.

Guyana weeps not only for those who lost loved ones but for ourselves for repeatedly putting our faith and our lives in the hands of an ineffective bunch of politicians. If after all of this we still accept facile excuses from the Government about the police, and from the opposition about the misuse of the PPP/C’s majority rendering them (the opposition) impotent, we as citizens will have only ourselves to blame.

Kwayana did speak out

In a discussion on the Lusignan Massacre on the State-owned NCN, Minister of Home Affairs Mr. Clement Rohee lamented that he did not see Eusi Kwayana and other letter-writers to the media come out against the atrocity in Lusignan.

In fact Wednesday’s Stabroek News published Kwayana’s letter “There has been a string of atrocities coming one after another, from murder of a mother to civilians and soldiers. But none can compare with the cold-blooded Lusignan carnage of the innocent, as if some new Herod has ordered the slaughter of a new generation as part of some scheme of wild justice”.

If Mr. Rohee was honestly mistaken would it not have been proper for the programme’s host Kwame McKoy and the other panellist Dr. Leslie Ramsammy to correct the Minister particularly since they were all criticising what they saw as attempts to politicise the atrocity?

If, as we are told, there has been no promise of a casino licence to anyone there should be more time for debate

I distinguish Mr Al Creighton from his former UG colleague Dr Desrey Fox, Prime Minister Sam Hinds, Home Affairs Minister Clement Rohee, Health Minister Dr Leslie Ramsammy and Mr Odinga Lumumba all of whom have suddenly discovered casino gambling as a development strategy for Guyana. Mr. Creighton in his letter captioned “The same debate took place in other Caribbean countries where casino gambling was introduced” (2007.01.13) took the academic’s approach of grading the pronouncements of those opposed to casino gambling and then said yes, but even those with merit are flawed. On the other hand Dr. Fox and Messrs Rohee and Lumumba targeted the Christian community in a manner that inevitably raised the question whether they were playing only the religion card.

While Mr. Creighton accepts the critics’ concerns about the dangers of casino gambling, those on the Government side can see only jobs and investments. Indeed, Dr. Ramsammy makes bold to state that casino gambling is ‘not a sham for money laundering’, ignoring the evidence gathered by one of the world’s leading accounting firms Ernst & Young which puts the amount of money laundered annually by criminal networks at US$1 trillion dollars, with casinos being one of the easiest and therefore preferred options. Trinidad and Tobago is no doubt among Dr. Ramsammy’s ‘hundred countries’ in which casino gambling is legal. That country permits casino-style gambling in members’ clubs only and which, depending on how you count them, number about forty, several offering no more than a few pin-ball machines in backstreets without even telephone numbers. The number of ‘10,000 direct jobs’ provided by casinos in Trinidad and Tobago is plain wrong.

But what is particularly striking about Dr Ramsammy’s paper is that in the same paragraph in which he referred to my S/N letter of January 7, 2007, he assures the nation that ‘casino gambling is also not being permitted because of any accommodation of any particular person or group.’ The French say it cutely: ‘He who excuses himself accuses himself’.

Why was that assurance necessary? Knowing Mr. Creighton as I do I am sure that he would be concerned that someone who is facing a serious charge of fuel smuggling is being financed partly by taxpayers’ money and that he would be interested as we all are in knowing the nature and value of concessions the government has granted that person. And would Dr Ramsammy tell us whether any space has been set aside for casino gambling in Buddy’s International Hotel.

It is hard to believe that, in the words of Dr Ramsammy, the Government has ‘studied the experiences of other countries, some in our own region of the Caribbean.’ If it had, then it would be aware that in the Budget Speech reported in the Trinidad Express of October 5, 2006, Prime Minister Manning vowed to eliminate casino-type establishments in his country. The ‘industry’ in Suriname is under the strong influence of the Ukrainian Mafia while in Venezuela, the owner of the Casino de Venezia told the court that the hotel was frequented by a group of Italians associated with the Italian Camorra, known for its Mafia connections. In South Korea several public officials including a minister of the Government have been guilty of accepting bribes in connection with the granting of licences to sell gambling machines while in the Philippines a close ally of President Arroya owns the Metrowall Mall in which an illegal casino was recently opened and which is associated with the assassination of a previous owner. And Cyprus admits to contemplating casino gambling because ‘it is the lesser of two evils’. Is that the kind of globalisation and development this country favours? Mr. Creighton, whose writing and contribution to Guyana is unmatched by any of his colleagues at the University of Guyana, dismisses the arguments against casino gambling as emotional. He demonstrates more faith than most Guyanese that the government would ‘do the right things’ to mitigate the adverse consequences of casino gambling and its attendant evils. His research would have alerted him to the fact that the state that hosts the gambling capital of the world Las Vegas, has the second highest rate of homelessness in the US, twice the national average and that even developed countries like the USA and the UK can barely regulate their gambling industry.

Mr Creighton whose field is the arts, might not even be aware that while the government bowed to international pressure and passed legislation in 2000 to prevent money laundering, the legislation was not brought into effect even as the illegal narco-trade, fuel smuggling, tax evasion and money laundering took root in the country and along with other elements of the underground economy now account for some 40% of the economy. Simultaneously, the Government has ignored warnings that the non-bank cambios do much, much more than change money for the person who may not have access to the commercial banks or who care simply about a better rate.

As an intellectual and commentator, does Mr Creighton accept PM Hinds’ argument that those who oppose casino gambling should vote out the PPP/C in 2011 as an informed position on what democracy means? It is not emotions that drive the concern that the constitutional provision on consultation is being ignored or that the President has reneged on his publicly stated commitment to consult with the population. How many of those who favour casino gambling have read the draft casino gambling legislation and are aware that Guyanese would be welcome in these new beacons of development? If Dr Ramsammy had read the Bill which he supports and promotes he would not have said that ‘only visitors would be able to take advantage of this new activity’. In fact any registered guest can enter the casino and all you have to do is pretend to pay for the registration and in return you are given tokens often of a higher value so as to entice you into the place. If as we are assured there has been no promise to any person or group, and if, as Dr. Ramsammy points out, the government has encouraged the debate (which encouragement must have gone undetected by most Guyanese), then only good can come from allowing further time to an informed debate beyond the letter columns, mainly in the Stabroek News, or the rantings of the uninformed in the National Assembly.

That would be my recommendation and I ask Mr. Creighton to support this.