THE  PRESIDENT CANNOT APPOINT AN INDEPENDENT COI

PRESS RELEASE

THE  PRESIDENT CANNOT APPOINT AN INDEPENDENT COI

The President of Guyana’s intention to announce the membership of a Commission of Inquiry into the Barima tragedy was not unexpected and confirms widespread fears that the Inquiry will be another instance of institutionalized political debauchery in which those responsible are allowed to control the account of their own failures. Notwithstanding the credentials of whoever the President has nominated, the fact of being appointed solely by those with most to lose by an impartial enquiry robs the exercise of credibility. 

Over the past week the GHRA has exchanged views with a range of people and institutions which have influenced the following comments.

Firstly, a positive duty of candour must be imposed on public authorities and officials to tell the truth to the Commission of Inquiry and cooperate proactively with investigations under pain of sanction, including prosecution and prison sentences. The knowledge that decisions must later be fully explained can deter reckless decisions before catastrophe occurs. 

Here in Guyana, the widespread violence, curfews and bloodshed provoked by contaminated investigation by official agencies into the death of 11-yearold Adrianne in a hotel swimming-pool in 2024 caused widespread street violence, curfew and public outcry and is still vividly remembered.

Secondly, the State must provide bereaved families with funded legal representation – in the same way as public bodies will benefit from them. 

Thirdly, a further operation rule of the conduct of a public enquiry must be that the Chairperson of the Enquiry – not the agencies under scrutiny – must have the power to determine admissibility of evidence or whether ‘national security’ can be invoked to protect official agencies.

No opportunity has been afforded to date to the public or any civic organization to discuss these or similar proposals. Those nominated by the President can expect to be questioned as to their position on such matters.

The first task, therefore, for those seeking an impartial enquiry is to identify the principles and structure that protect its impartiality. 

• The GHRA would recommend a 7-person Parliamentary Commission with three members appointed by the Government and three by the Leader of the Opposition. The President of the Commission should have a judicial background and be drawn preferably from the Caribbean and be endorsed by the Commission members. 

• sanctions should be spelt out and applied to any public official who attempts to mislead or divert the Enquiry or is less than candid in his/her testimony.

• Proceedings of the Commission must be public and open to broadcast media under rules guided by fairness and practical considerations. 
• Consideration must be given to  Parliamentarians who condone a tainted enquiry, as exposing themselves to being guilty of misconduct in public office and possible criminal prosecution.  

The unwillingness of the Government to select a Commission format broadly acceptable to parliamentary and civic opinion suggests that the Guyanese people need to give time to devising  acceptable alternative peaceful ways of policy-making.  

One such strategy might be to be advance a joint political/civic approach to urging the Government to adopt a more acceptable form of an independent COI.  The mechanics and format of such civic-political initiatives need careful attention. At this point, however, we are seeking an agreement in principle from civic bodies to such holding joint meetings on the Barima tragedy.

Emergence of new civic/political strategies, would more likely prosper were parliamentary opposition to begin functioning as a single unit under the leadership of the leader of the Opposition, bringing to an end the discredited and ineffective self-centred posturing which currently frustrates effective Parliamentary opposition. 

GHRA Exec Committee

Guyana Human Rights Association

July 25 2016

56B Austin Place & Hadfield Street, P O Box 10653, Georgetown, Guyana, South America

Tel: (592)-226-1789/-227-4911     e-mail: ghraguy@gmail.com