Constitutional, rights commissions afforded independence under constitution

Dear Editor,

From the inception of the APNU+AFC government the rule of law and good governance in Guyana have been under threat. It has become necessary for me to issue the reminder that the Constitutional and Rights Commissions, namely the Indigenous Peoples Commission, the Women and Gender Equality Commission, the Rights of the Child Commission, the Human Rights Commission, the Ethnic Relations Commission and the Public Procurement Commission are all entitled to independence afforded them by the constitution. Their autonomy, financial and operational independence must be preserved and respected by the executive, their agents, servants and the legislature.

No one who is not a commissioner or the commission acting as a whole has any right or authority or privilege to interfere in the staffing, fixing of work programmes or giving any directions whatsoever as it relates to their functions. The chief executive officers and all staff members must be aware that they are protected and are not beholden to any authority outside of the commission. They are expected to perform their duties impartially and free from fear. They cannot be sanctioned by anyone outside of their respective commissions. As it relates to the Ethnic Relations Commission, Article 212 B (6) states: “The Ethnic Relations Commission shall appoint a Chief Executive Officer who shall serve as Secretary and such other officers as may be necessary for the efficient discharge of its functions, on such terms and conditions as may be determined by the Commission, save that the remuneration of the officers and employees shall be subject by the approval of the National Assembly”. As it relates to the Constitutional Rights Commission stated above, Article 212 P (1) states: “Each commission established under Article 212 G(1) shall appoint on such terms and conditions as may be approved by the National Assembly a Chief Executive Officer (who shall serve as its secretary) and the secretary and assistants to the Chief Executive Officer..”

As it relates to the Public Procurement Commission Article 212 Z(2) states “The Commission shall appoint a Chief Executive Officer who shall serve as secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions. The terms and conditions of the Chief Executive Officer and the two most senior officers shall be subject to the approval of