NIS annual report does not provide any evidence of a guarantee of the $5.7B CLICO investment

Dr. Ashni Singh, Senior Minister of Finance last week tabled in the National Assembly the annual reports and accounts of the National Insurance Scheme for the years 2008 and 2009, late to extremely late under the law but quite normal for this Minister.

Business Page in this coming Sunday Stabroek will place these reports under the microscope but for now there is one egregious matter which I think deserves the widest exposure and that is risk to the Scheme of losing $5.8 billion invested by the NIS in the failed CLICO Life and General Insurance Co (S.A.) Limited. At December 31, 2009 the NIS had invested in CLICO’s so-called annuities the sum of $5.748 billion, in addition to $90 million of income earned but not yet received from CLICO. The reality is that because of this reckless and possibly unlawful investment by the board in a Jagdeo-favoured company, 20% or $1 of every $5 of the accumulated fund of workers’ contributions in NIS is now at grave risk, earning nothing in income. The board and its auditors TSD Lal & Co. do not seem particularly concerned.

Perhaps the board and the auditors, which by an unfortunate coincidence are/were also the auditors of CLICO, did not consider the investment bad or doubtful. TSD Lal & Co refers unambiguously in their audit report to a guarantee by the government of the NIS’s investment in CLICO and directs the reader to Note 22 in which the directors too, refer to a guarantee, but in looser language but which appears to have escaped notice by the auditors. The further information provided in note 22 does not by a long stretch provide any evidence of a guarantee but rather proof of a clear conflict of interest between Roger Luncheon, M.D. Chairman of the NIS Board and his position as Head of the Presidential Secretariat, a conflict that would put any careful auditor to great care and, in the circumstances of CLICO to extreme notice. Instead, the auditors and the Board were so impressed and reassured by a mix of quasi-legal/accounting “Luncheonese” that they accepted the following as constituting a guarantee.

“The Chairman of the National Insurance Scheme who is also the Head of the Presidential Secretariat at the Office of the President made the following representation in a letter dated 10th. August 2009:

“The Board of the National Insurance Scheme wishes to advise that it has noted the undertakings made by the President concerning the recovery of NIS investments in CLICO. The Board is also mindful of the unanimous Parliamentary Resolution guaranteeing state support for recovery (emphasis mine) by NIS of its investments in CLICO. As such, the Board has the utmost confidence that the undertaking would be honoured and the investments of NIS in CLICO will be recovered.”

Had the Board not included long-serving and experienced directors like Maurice Solomon FCCA and Paul Cheong, a top director of the Beharry Group, I would have said that it was a case of Luncheon taking the workers of Guyana for a $5.8 billion dollar ride. That he managed to take others along with him is a feat that only a Luncheon would contrive and succeed with.

Other than in note 22 – not Catch 22 – the directors did not even bother to refer to its CLICO exposure in their annual report. A serious Minister of Finance should have referred the report and its undated transmittal letter back to the Board for major revision. Dr. Singh accepted it.

If the investment is not recovered in the very near future, it will be drastically discounted (reduced) by the actuaries in the periodic evaluation on the viability of the Scheme due later this year, with the workers as contributors, bearing the cost. And if it is “recovered” from the public purse, the workers will still bear the cost, this time as taxpayers. In either case, that would leave President Jagdeo, Ms. Gita Singh-Knight of CLICO, Drs. Luncheon and Singh, the entire board of the NIS and its auditors, with varying quantities of red ink indelibly oozing from their hands, without having to bear any other responsibility for the consequences.

Hopefully, Minister Anthony will now answer the unresolved questions about taxpayers money

The most recent letter signed by Mr. Neil Kumar `When was the last time the GLTA submitted an audited financial report to the National Sports Commission? SN April 30, 2011) convinces me that but for the political route, people like he, Mr. Kellawan Lall and Mr. Kwame McKoy do not deserve and could not have achieved public office in this country. Mr. Kumar, Director of Sports and CEO of the defunct National Sports Commission signed a letter, ostensibly in response to a Business Page article on the considerable resources inefficiently and improperly managed by the Ministry of Culture, Youth and Sport.

Because of our experience with the vindictiveness of the Ministry, I do not wish to draw the GLTA into this matter but since integrity and truth are being compromised publicly, I have no choice but to deal with the misrepresentations and distortions of substance raised by Mr. Kumar. This exchange provides the Minister with the ideal opportunity to rise above the petty vindictiveness of which so many sporting and arts bodies have been victims.

Specifically the column challenged, among other things, the Minister’s failure to account for World Cup money since 2007 and to account to the National Assembly and to taxpayers for hundreds of millions of dollars allocated to the Arts and Sports Development Fund which is operated secretly like a slush fund, away from the knowledge of the intended beneficiaries. Rather than the Minister responding to what is a serious allegation touching on public accountability and impropriety, Mr. Kumar exposed his little understanding of the issues and embarrassed himself by putting his name to letters he cannot defend, quoting secondhand information he cannot support and referring to secondary legislation that does not exist.

Common sense should have cautioned him to check whether there is such a thing as “National Sports Commission (NSC) … regulations” before asking the question under the caption referred to above. Had Mr. Kumar any idea or appreciation of the generally coercive nature of legislation he would have known that no sports organisation, including the GLTA, would have any obligation, as a matter of routine, to submit audited financial statements to the NSC.

On the other hand because the NSC is a statutory body (in receipt of hundreds of millions of public funds), its governing legislation requires it to have its report of activities together with a copy of the statement of its accounts audited and laid before the National Assembly not later than the thirtieth day of September in each year (emphasis supplied). Since Mr. Kumar did not understand the question I asked in my letter of April 24, I am now putting it to his Minister to tell the public the last year for which the report and audited financial statements of the NSC were laid before the National Assembly. Just parenthetically, the audited 2010 financial statements of the GLTA were approved unanimously by its membership in March 2011. Out of courtesy to the Minister and Mr. Kumar, I will ask the GLTA’s Treasurer Ms. Anita Rampersaud-Sawh FCCA to send them copies immediately.

On the issue of what the GLTA demanded from the Minister of Culture, Youth and Sport, since Mr. Kumar was not at the meeting with the Minister I am proposing to make public my entire notes of that meeting. But the Minister must do likewise and not rely on others coming to his defence with amateurly written letters as we have seen recently. Those notes will clarify two other matters which Mr. Kumar misrepresented in his most recent missive: one, the person who undertook to arrange a meeting of the Ministers of Education and Sports and the President of the GLTA in connection with a Schools tennis co-ordinator, and second, that by early 2010, the life of the NSC had expired more than two years earlier. To save Mr. Kumar from another factual misrepresentation and embarrassing exposure, I caution him that any appointment/re-appointment requires publication in the Official Gazette.

There is no useful purpose to be served in any further engagement with Mr. Kumar who is advised to write the Secretary of the Guyana Tennis Association for any information or clarification he may require in connection with the Association. The issues first raised in Business Page and in this letter involving billions of dollars of public money as well as the governance of the Ministry of Culture, Youth and Sport are addressed to the Minister under whose portfolio they fall, not Mr. Kumar. Hopefully the Minister will now address them with the same speed with which he pursued correspondence with the CEO of the West Indies Cricket Board concerning its team selection policy.

The plight of the labour movement, through the prism of the teachers deal

Introduction
Even as mainly organized labour assemble at their various points today to march in silent resignation, listen to flat speeches from their leaders, numb their plight and pain with music, food and liquor produced by their colleagues for the profits of the investing class, the evidence so overwhelmingly confronting their membership on this Labour Day points to a movement that is in complete crisis, their numbers in decline, their leadership in disarray, their unity in tatters, and their very survival in question. Almost every issue that has faced workers recently, be it RUSAL’s attempt at union-busting; the teachers’ union imaginary giant leap; government’s withdrawal of Critchlow Labour College subvention; the de facto abolition of collective bargaining in the public sector; the CLICO-induced six billion dollar hole in the NIS financial statements, or politicking by some of the movement’s leaders, would make an excellent case study for any thesis on the Collapse of the Labour Movement in Guyana.

Yet, a country whose first two modern-day leaders came out of the bowels of the labour movement cannot find a single person with the interest and inclination to engage in such an exercise or produce a leader with the capacity to heal the rift, stem the tide, deliver hope or start the debate. Indeed even an intellectually curious economist, touting past working class credentials and harbouring future presidential ambitions confesses to an ignorance of the number of unemployed, while more truthfully demonstrating insensitivity to the plight of that class. The state of the workers is probably mirrored in the paucity of statistics compiled by the movement, academia, and the national institution with the duty to produce such data. We are after all in a market-based, low-wage economy in which the users of labour care only about the maximization of profit, whether at the expense of the state, the consumer or labour.

Physical and psychological blow
The Economic Recovery Programme introduced by Mr. Desmond Hoyte and his team dealt a physical blow to the public sector. The PPP/C has added the psychological coup de grace, crudely using the carrot and stick to compromise and destroy the leadership, not caring about putting even their own supporters on the breadline. In the not too distant past, the interest of the worker and the leader coincided to such an extent that leadership in the movement was merely a function, as they collectively and individually faced the same struggles and felt the same hardships. Now, the only thing they share is as occupants of George Orwell’s Animal Farm, the interests not only having diverged but sections of the leadership having become the instruments of the exploiters, sorry I meant employers. What hope is there for those destined to remain workers or to be part of that pool of the unemployed or near unemployed – the unwaged housewife and single mother, the Amerindian made to depend on handouts from the coast, the rural poor on the goodwill of the “plantation” owners, the petty trader from meagre sales, and even the employed on remittances from abroad.

With such challenges facing the country, what prospects are there for the transformation of the economy into one that is competitive by regional and international standards, where businesses benefit from an expansion in aggregate demand, the economy from new investments, workers from new opportunities and the state from additional taxes? How do we escape the trap of having proudly marketed ourselves as a low wage economy characterized by low demand and low investments into a new and dynamic one, capable of delivering the standard of living compatible with basic human needs? How do we re-invent our educational system to make it serve their own advancements and the needs of industry and commerce, and yes, where would the resources come from? And how do we stem the migration of our brightest and even those not so bright?

Every issue or challenge that faces the worker or the member of the working class – whether employed, unemployed or under-employed – has direct and immediate implications for the employer, the economy and the country. A worker who is underpaid or undernourished is hardly likely to be a productive worker; the single parent earning no or low pay cannot provide for a learning child; the unemployed cannot contribute to enhancing aggregate demand. It is such a huge challenge that no one seems willing to admit, let alone confront it. Failure to recognise or confront it is more likely to lead to migration than solution and while with each person migrating the number of unemployed will fall by at least one unit, so too will demand for goods and services. It is the classic case of Catch 22.

The effects of the ERP, the money-driven privatization process that threw workers to the wolves, the introduction of a market-based economy in which social benefits are assigned no value, where the private sector is permitted not only to exploit labour but to corrupt and bribe public officials and the state, to evade taxes with impunity and to ignore laws and rules at their leisure, have combined to inflict a stifling effect on the economy.

The teachers union did not learn
As we approach elections 2011, the evidence is that the votes of the working class can either be bought or taken for granted. Economics or workers’ own personal circumstances it seems do not alter the voting dynamics, perhaps the only thing about labour that the political leaders seem to understand and then exploit. The teachers “settlement” is a classic case on this Labour Day. Let us look at it. In 2006, the government and the teachers union signed their first five-year pact (2006-2010) that included an annual 5% plus a one percent performance-based incentive, some non-cash benefits such as scholarships to 100 teachers each year, clothing allowance and duty-free allowance for one-off duty-free concessions for vehicles for 100 head teachers per year. It also included a housing revolving fund of $40M.

What was not given any prominence was that the Union was paid some money, the sort of sum given to GAWU last year as part of a “dispute settlement” resolution. President Jagdeo, who had been driving the negotiations for the government, found this was a small price for the government to pay for the union’s weakness and capitulation. It is not known how many head teachers benefitted from the duty-free concessions or teachers from the scholarships but what is certain is that the revolving fund was never set up.

For those teachers who were below the threshold for the payment of income tax at thirty-three and one third percent, the settlement will keep them in poverty. For those above, the net increase – assuming they all received the 1% incentive – was 4%, i.e. two-thirds of six percent. Over the five years, inflation averaged 6.5 %. In other words, the teachers at the end of the 2006-2010 deal were worse off than they were before, notwithstanding a gift made to them by Jagdeo in 2007. You would think that teachers would learn but clearly not their leaders.

Giant step – backward
Having been taken along in a game described by the union’s leadership as “tough negotiations” in which Jagdeo again played the leading role for the employers, the union which had sought a 15% increase, accepted a new five-year agreement providing for an annual five percent pay hike. On this occasion the goodies were a renewed agreement for the non-cash benefits that the government had failed to pay under the previous five year deal. Mr. Colin Bynoe, the union’s president in a clear slip of the tongue described the deal as a “giant step”. He left out the word “backwards”.

As Mr. Earl John, a human resources specialist pointed out in a letter in Friday’s Stabroek News, no negotiations were needed to get five per cent. That has become the standard gift from Jagdeo, confirmed by him at a press conference in October 2007 when he said of negotiations then taking place with the public servants: “If they are not concluded [soon] we are going to have to do like what we did in other years and make a payout to the public servants.”

With Mr. Bynoe’s giant step, 100 teachers will get house lots each year so that in one hundred and thirty years all teachers will have earned a house lot. And with the $40 million housing revolving fund, at even an average loan of $2 million per house, twenty of those teachers will be able to access the fund. Every other Guyanese it seems, their brother and their friend, is entitled to a house lot. For the teachers they have to agree to what in real terms is a five year wage freeze.

The result is that for the next five years, Guyana will continue to have the lowest paid teachers in the region; will invest hundreds of millions each year preparing Guyanese teachers for migration; both teachers and students will continue their high rates of absenteeism from the classroom; students will pass through the classroom rather than pass their examination; and the leadership of the teachers union can take a five-year sabbatical until just before the current agreement runs out.

Better leadership
Our teachers deserve better leadership and a more enlightened attitude from their employers than the kind of success Minister of Education Shaik Baksh could crow about. But the same can be said of many other unions, in the public as well as private sector. Ask any public servant of any achievement of their union in the past five years and they would be at a loss for a charitable answer. Ask the workers in the low paying shops, factories and farms what the labour movement has done for them and the instinctive answer will be nothing.

Ask the bauxite workers and you will be told that the government and the Minister of Labour Manzoor Nadir have colluded with RUSAL in union-busting. Ask other workers seeking union representation and they will tell you of impediments rather than empathy from the Trade Union Recognition Board. Ask the United Minibus Owners and they will tell you how the government brazenly engages in blacklegging operations. Ask the lecturers at the University of Guyana and they will tell you that like the rest of the public service, they too accept imposed salaries and conditions rather than defend their rights to bargain for adequate compensation for their services. For the workers, there are only questions and hardships. It is a short-term gain from an unfortunately near-sighted strategy by the government. In the end, the whole country loses, excepting the ruling class and the exploiters for whom the strategy seems designed.

The past decade has not been a good one for the workers. Today’s Labour Day will not change anything.

In discussing Vaitarna, Messrs Persaud and Singh failed to distinguish the State Forest Exploratory Permit from the TSA

When Agriculture Minister Mr. Robert Persaud held his press conference on April 12, 2011 to defend the permit/agreement over 1.82 million acres granted to the Indian company Vaitarna Holdings Private Inc., there had been very few letters and questions about the manner in which the two parcels of the land had been allocated to the company owned by Mr. Siddhartha, the coffee magnate of India. Mr. Persaud’s accusation of a “misinformation” and “sleazeball” campaign seemed therefore both inappropriate and disproportionate particularly since Mr. James Singh, Commissioner of Forests had spoken two days earlier on the matter.

In seeking to dispel concerns about Vaitarna, Mr. Singh had raised in my mind some interesting questions which I had hoped to put to him in some form. I withheld those after the Minister had said that he was “ready to debate and discuss the sector’s management stewardship, the policies and whatever is being done within the GFC, at anytime, at any place and with anyone.” It is now close to two weeks since I invited Mr. Persaud to do exactly that on Plain Talk but he has not responded to my written invitation or taken my follow-up telephone calls.

In my view, both Mr. Singh and Mr. Persaud failed to distinguish between the State Forest Exploratory Permit (SFEP), like the one previously granted to Simon and Shock International Logging Inc. (SSI) and the Timber Sales Agreement (TSA) previously granted to Caribbean Resources Limited (CRL). SFEPs and TSAs are issued and revoked under different sections and authority under the 1953 Forest Act.

SFEPs do not confer exclusive rights while TSAs do. SFEP’s are issued by the GFC under the authorisation of the Minister but only if the GFC is satisfied that the applicant, which must be a Guyana incorporated company, has adequate experience to carry on effective exploratory operations. Where there is a breach, the GFC can suspend the permit, subject to review by the President. A TSA on the other hand, permits the sale of produce and is issued by or under the authority of the President. In the case of a non-fulfilment of any of its terms, the TSA may be suspended by the Minister, also subject to review by the President.

It would be interesting to learn of any precedent of a new entrant in the sector being granted almost simultaneously an SFEP and a TSA. The intent of the Forest Act seems clear – an entity must demonstrate its capacity to deliver under an SFEP before being entitled to a TSA. Neither the Minister nor the Commissioner offered any indication that would remotely suggest that Vaitarna has demonstrated any capacity other than a keenness to get control of pristine forests covering 5% of Guyana’s forests. Instead, there is a lot to suggest that the decision was based not on any objective technical criteria but on Vaitarna’s willingness to pay $600 million, an indeterminate portion of which was for debts of CRL, a CLICO subsidiary. With such an outlay, Mr. Siddhartha, a shrewd businessman in India’s competitive and notoriously corrupt business environment will expect to recover his investment at or above his company’s cut-off rate of return, which will only come from fairly intensive operations.

With regard to the actual sums collected, both the US$254,000 and the $600 million should have been paid into the GFC from which, subject to the Act, surpluses could be paid into the Consolidated Fund. Both Mr. Singh and the Minister confirmed that the lesser amount was paid to the GFC but were ambivalent with respect to the $600 million. From a review of the Commission’s records it appears that the $600 million was paid straight into the CLICO fund, in a liquidation process that defies many laws but which the public is silent about for reasons of convenience.

It is interesting to note that the President has not assented to the new Forests Act passed in the National Assembly in February 2009, as a consequence of which it is impossible for the new Guyana Forestry Commission Act 2007 to come into operation, making the Commission more independent and autonomous. It is regrettable that even as we enter into international agreements for the conservation of our forests, we seem determined to retain legislation that is sixty years old rather than operationalise modern legislation that eliminates policy confusion, emphasises sustainable management of the forests, grants the regulator more autonomy and gives the public access to information.

If these recent Acts had been in place, it would have been harder for the Government to enter into the kind of transactions it has with Vaitarna and easier for the public to access information. This failure may have nothing to do with Vaitarna. But it may be hard to convince any informed person otherwise.

The GLTA never demanded a percentage of the Sport Ministry’s budget

I confess to an inability to discern whether Mr. Neil Kumar’s response (S/N April 21, All expenditure under the Sports and Art Development Fund can be accounted for) to Business Page (BP) of April 17 is a measure of an innate tendency to mislead and obfuscate, a misunderstanding or misrepresentation of what was written coupled with a failure to distinguish between the President of the Guyana (Lawn) Tennis Association and Christopher Ram the incumbent. Even as he confesses – in relation to Business Page – to an appreciation of writing that impresses and persuades, he misinterprets my disclosure of interest as one of bias.

I therefore ask Mr. Kumar to read the column again and provide the taxpaying public with a more informed response to the specific issues raised therein. Until then, there are certain issues in his response that warrant some comment.

1. That the Director of Sports – an office created under the National Sports Commission Act, 1993 – should sign a letter trying to defend the Ministry of Culture, Youth and Sport for its vindictiveness, discrimination among sporting bodies and lack of transparency and accountability, confirms the incestuous relationship between the Ministry and the Commission, an independent statutory body in receipt of a subvention.

2. Mr. Kumar says incorrectly that I demanded a percentage of the Ministry’s Sports Budget to be assigned to tennis. What the GLTA did was make a request for a contribution to help finance a national team of six under-14 tennis players to participate for the first time in a world lawn tennis event. It was in response to Dr. Anthony’s categorical refusal to our request that we pointed out to the Minister that what the GLTA was asking for was the equivalent to 0.2% of the 2010 sports budget, or 20 “cents” of every one hundred dollars. Since Mr. Kumar was not at the meeting I can excuse him if Dr. Anthony misrepresented our request, which leaves the minister in a rather invidious position. Determined not to go begging the Minister again this year we undertook some audacious fundraising efforts which made it possible for our juniors to participate once again in the WJT, showing considerable improvement.

3. Mr. Kumar suggested that I should have called the Ministry for clarification before writing BP. He may wish to ask his minister and the minister’s secretary of the number of unanswered written and oral communication not only from our Association but other sports bodies as well.

He may also wish to offer some explanation for a piece of advice given to me by an officer recently that I should have someone else sign letters from our Association!

4. Mr. Kumar carefully avoided the disclosure of the ballooning cost of the swimming pool and instead takes us around to the Non Pareil tennis courts which are as much a saga as the swimming pool, in terms of time, quality and increasing, undisclosed cost.

5. Now we are told that money from the Fund went to pay for the Guyana Classics, a project headed by Dr. David Dabydeen, recently appointed Ambassador to China. Carefully, Mr. Kumar did not specify how much of the five hundred million dollars allocated to the Fund so far was paid towards that project and who were the payees/beneficiaries.

6. Since Mr. Kumar accuses me of acting on dated information, can he tell us the last year for which Minister Frank Anthony tabled in the National Assembly, as required by the NSC Act, the annual report and audited financial statements of the NSC.

7. Finally, in connection with the status of the NSC, Mr. Kumar’s response is revealing indeed. He should ask its former Chairman Mr. Conrad Plummer why he has consistently disavowed association with the NSC and whether it was not because the NSC had been defunct and dead for several years. Overcome by the spirit of Easter, Cabinet we are now told has resurrected it!

To use a term in doubles tennis, the ball is now in Mr. Kumar’s and his Minister’s court.