Kaieteur News
PAGE 04
Friday February 08, 2019
Kaieteur News Printed and Published by National Media & Publishing Company Ltd. 24 Saffon Street, Charlestown, Georgetown, Guyana. Publisher: GLENN LALL Editor: Adam Harris Tel: 225-8465, 225-8491. Fax: 225-8473, 226-8210
EDITORIAL
Venezuela’s Crisis Spreads Beyond Its Borders The citizens of Venezuela have become pawns in a global power. The tense standoff in Venezuela between Nicolás Maduro and Juan Guaidó has morphed into something far larger than a contest for power between a failed leader still supported by parts of the army and diehard leftists, and a young legislator propelled to the front by popular demonstrations. In part because of the Trump administration’s all-in support for regime change, the crisis has become a dangerous global power struggle. That’s the last thing Venezuelans need. There is no question that President Maduro must go, the sooner the better. Heir to the socialist rule of Hugo Chávez, he has led his oil-rich country into utter ruin. Its currency is useless, basic foods and medicines have disappeared and more than three million people have fled, fomenting refugee crises in Colombia, Brazil and Ecuador. The only solution is an interim government under Mr. Guaidó, who as the head of the National Assembly has a legitimate claim to the presidency under the Venezuelan Constitution. It would lead to new presidential elections and a flood of emergency aid. Pope Francis said Tuesday that he was willing to help mediate an end to the conflict if both sides agreed. He said he had received a plea from Mr. Maduro to help start a new dialogue. “There needs to be the will of both parts,” Francis said. He suggested beginning with small concessions from both sides, working toward a more formal negotiation. In hopes of a peaceful resolution, many democratic governments have thrown their support behind Mr. Guaidó. Twelve Latin American countries, the Organization of American States, Canada and more than a dozen members of the European Union have so far crowded into Mr. Guaidó’s corner alongside the United States, recognizing him as the interim president. Mr. Maduro’s primary backers are Russia, China, Iran, Cuba and Turkey.These are not entirely alliances of the likeminded. As in any geopolitical struggle, disparate interests are at play, and many include a suspicion or fear of President Trump’s motives and potential means. For the hard-core conservatives in the Trump administration, Mr. Maduro is the failed standard-bearer of the scourge of socialism in Latin America and the beachhead for Russian, Cuban and Chinese influence. Mr. Trump has repeatedly refused to rule out a military option. But it is not all about Trump. Venezuela’s problem is more than people being opposed to the Maduro administration. It is about pressure largely from outside the country. Maduro’s predecessor, Hugo Chavez, was strong. He was also well-loved by his people to the extent that the country voted for Chavez to enjoy an extended presidency. Had he not died he would not have been in the predicament that Maduro has found himself. It is not that the United States was not seeking to topple the Chavez Government. It is not that the United States was not prepared to blacklist Venezuela. But such actions would not have gained traction in the country. Maduro does not enjoy such a popular support. In fact, the people opposed to him in their numbers are actually reaching out to the United States and its allies. Sadly, Maduro has distanced himself from so many of his neighbours that his could be a case of Grenada which came under attack because its neighbours supported the invaders. Many countries in the Organization of American States of which Venezuela is a member would not be opposed to see Venezuela invaded. But what happens in Venezuela is affecting all its neighbours, some more affluent that others. Guyana is one of the lesser affluent ones and it is affected, if only because of the migration of Venezuelans. (With extracts from New York Times)
Editor’s Note; If your sent letter was not published and you felt its contents were valid and devoid of libel or personal attacks, please contact us by phone or email.
A constitutional conundrum DEAR EDITOR, The Attorney General has filed appeals against the Chief Justice’s ruling in two of the three cases filed in relation to the No-Confidence Motion: the case filed by the AG and the case filed by Christopher Ram. The attorneyat-law for Joseph Harmon has also lodged an appeal. There is no doubt that the lawyers for Compton Reid will also appeal in due course. The Leader of the Opposition will not appeal, as he is not dissatisfied with any material aspect of the Chief Justice’s decisions. I wish to make it emphatically clear that none of the appeals filed, nor any which may be filed, has, or will have the effect of staying the rulings made by the Honourable Chief Justice. Indeed, I maintain that the Chief Justice merely granted, what in law, is called “declarations”. For example, her Honour declared that the No-Confidence Motion was validly passed; that Charrandass Persaud’s dual citizenship disqualified him from being elected to sit in Parliament; that notwithstanding that disqualification, his vote remain valid; that 33 votes were sufficient to pass the No-Confidence Motion; that the Cabinet “was resigned” upon the passing of the No-Confidence Motion and that the Government must remain in office, notwithstanding its defeat, and that elections must be held within three months of the date that the No-
Confidence Motion was passed; and that the Government must resign when a new President is sworn-in, consequent upon those elections. A microscopic examination of those pronouncements made by the Chief Justice will lead to the ineluctable realization that the learned Hearing Judge made no coercive or injunctive orders. In other words, no part of the rulings compelled any act to be done, or prohibited, any act from being done. Therefore, there is simply nothing to “stay”, nor conserve, nor preserve. The rulings consisted merely of declarations in respect of the status quo in accordance with interpretations placed upon the relevant constitutional p r o v i s i o n s . S i g n i f i c a n t l y, t h e Constitution does not vest in the Judiciary any power, or authority, to stop that three months period for the holding of elections after a successful No-Confidence Motion, from running. In consequence, there is no Court within the hierarchical judicial structure that can lawfully make any order, which can have the impact of delaying the elections, irrespective of the circumstances. It is not that the framers of the Constitution failed to address their minds to the eventuality of an extension of time. They certainly did so, as is reflected in Article 106 (7) of the C o n s t i t u t i o n . H o w e v e r, t h e y sagaciously vested that power, not in the
Judiciary, but in the Legislature, to be exercised by virtue of a two-thirds majority vote, should the circumstances warrant such an extension. In the same mould, GECOM, the body exclusively charged by the Constitution with the holding of elections, has no discretion, and is certainly not empowered to plea a lack of readiness to hold elections, when elections are due. Under the Constitution, elections are due at any time fixed by the President by way of a Proclamation, or in cases otherwise determined by the Constitution, for example, within three months after the passage of a No-Confidence Motion. When either of these circumstances manifest itself, GECOM must be ready to hold elections. The Constitution offers no alternative. The current state of affairs, which documents the President and his Government’s refusal to comply with the Constitution and the pronouncements of the Chief Justice, coupled with GECOM’s lack of readiness to hold elections when they are constitutionally due, have the conjoint effect of catapulting the nation’s state of the Cooperative Republic of Guyana into the realm of unconstitutionality and an anarchic existence, not witnessed in the Caribbean, perhaps, since the Grenadian “revolution” in 1983. Mohabir Anil Nandlall, MP Attorney-at-Law
The Council of Legal Education and a flood of Caribbean Lawyers DEAR EDITOR, The advent of the Council of Legal Education (CLE) in the region in 1973 has prompted hundreds of Caribbean nationals, including myself, to read law, because they did not have to travel thousands of miles to London in the bitter cold at fantastic costs. And now after 45 years, the Caribbean-trained lawyers have completely taken over not only the Courts and important legal departments, but a few are heads of government and state. The Jamaican government first started to offer scholarships to bright young police officers to read law, since they had access to the University of the West Indies and the Norman Manley Law School (NMLC), and later, the Trinidad and Tobago and Barbados governments followed suit. In Guyana, officers of the Guyana Defence Force (GDF) took legal training and today there are several officers and former officers who are lawyers and several active politicians read law, because
it was convenient for them to do so in the region, including Robert Corbin and Moses Nagamootoo. Today, nearly all the judges of the Caribbean Court of Justice (CCJ), the highest court of the land are Caribbean-trained, including President Adrian Saunders, a 1977 graduate, and the Chief Justices and Heads of the Judiciary of nearly all the countries in the Englishspeaking countries received their legal training in the region. There are three laws schools, Norman Manley in Jamaica, Hugh Wooding in Tr i n i d a d a n d E u g e n e Dupuch in the Bahamas, and one can only gain entry until he or she obtains a Bachelors of Law Degree (LLB). The University of Guyana offers LLB degree courses and a few other institutions in the region also. Guyana’s quota is 25 per year, which some feel is inadequate, and as a result there was an attempt for Guyana to have its own law school. I should point out that before the Republic can achieve this, it must first
obtain approval from the Council of Legal Education (CLE). Belizean law students have difficulties in securing places at the NMLC, especially those who secured their LLB degree from the University of Guyana. Belizean UG graduates must pass a qualifying examination before they can gain entry. I should point out also that even English-trained lawyers cannot be admitted to practice in the region without a CLE certificate. They can do so after doing a six-month stint at one of the three law schools.The
introduction of legal training in the region is the reason why the Caribbean is flooded with lawyers, and some feel that there are far too many and the governments should focus on other disciplines. There is need for more agriculturalists, engineers, technical personnel like mechanics, carpenters, etc. In Guyana, with the possibility of a massive oil boom, there is need for technical training in this area, and it is time that those in authority focus in this direction and not allow foreigners to take full control of the industry. Oscar Ramjeet
Not again at our educational institutions! DEAR EDITOR, Recently, named educational institutions were affected by bomb and gun threats, and immediately I call upon all decentminded citizens to condemn this new development in our country. The cyber-crime unit of the Guyana Police Force must work hard to bring the person/s involved to justice. ‘’Education is #1".In the future we may have to look seriously at 24-hrs, automated software-led or human-led cyber surveillance systems for protection. Yours Co-operatively, Parmanand Ram