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Current News in Guyana 26 January 2003


Territorial integrity matters among Foreign Ministry's 2003 priorities

THE Foreign Ministry has announced that matters surrounding the preservation of Guyana's sovereignty and territorial integrity, and the promotion of the economic and social development of the country will take priority in its plannned programme of activities this year.

Other priority areas include the provision of consular services; the maintenance of friendly relations with other countries, and ensuring that Guyana's interests are advanced and pursued wherever possible.

At a Thursday news conference, Foreign Minister Dr. Rudy Insanally pointed out that emphasis will also be placed on the promotion of the purposes and principles of the United Nations.

The ministry also has high on its agenda - for this year - the promotion of sustainable development. The minister explained that this is so, particularly since Guyana will this year be joining the Executive Council of the Global Environment Facility, as an alternate member to Cuba.

According to Insanally, this move will place Guyana in a very strategic position in which to assert its concerns in the environmental field.

He said the 2003 programme will address, among other things, the furtherance of good relations with neighbouring countries; the advancement of diplomatic representation and consular services abroad, and more especially in the Caribbean.

It will also explore the continued accession by Guyana to major international treaties and conventions, especially in the light that the world is now linked together by a network that provides some sort of global governance, and forms the basis of international co-operation.

The ministry has also identified for urgent consideration this year the advancing of the New Global Human Order Initiative, conceived around the early 1990's, to secure a more just and equitable international system.

He assured that having secured the unanimous endorsement by the international community at the United Nations, this initiative, as far as possible, will be vigorously advanced.

Insanally also said that, after a lapse of about three years, the Ministry of Foreign Affairs intends pursuing the holding of a retreat for Guyana's Heads of Missions and have an exchange of priorities, with a view to implementing those.

Meanwhile, touching on border relations, he noted that this must, of necessity, occupy paramountcy in the area of diplomatic relations.

He said the ministry hopes to establish firm links with the new administration of Brazil, and to identify other areas of cooperation. It is hoped that agreements already reached in 2002 can be consolidated, and other promising areas explored.

He alluded to visits he and Prime Minister Sam Hinds made to Brazil, adding that while they were there, they signed the Memorandum of Political Consultation.

Insanally is optimistic that in the near future there will be a second round of such consultations which will serve to accelerate Guyana's cooperation with that country.

In addition, there were other visits last year from the Brazilian side, out of which came programmes of cooperation and demarcation exercises, among others.

The minister said that Guyana will be formally opening the Honorary Consulate in Boa Vista, Brazil at month end, and will be examining what other similar services could be set up.

He also cited areas of cooperation which included implementing agreements already reached through the Cooperation Council, which will pave the way for addressing and resolving problems in relation to Customs, Immigration and Policing.

"We intend to use this instrument to try and deal with such problems in an amicable and positive manner as possible," the minister assured.

In relation to Suriname, Insanally was also hopeful that measures could be identified to remove any obstacles likely to affect Guyana's relations with that country.

And as regards Venezuela, he noted that the bureaucracy of procedure will continue.

He announced that Venezuela's Minister of Foreign Affairs is scheduled to pay a visit to Guyana at the end of this month.

 

Caribbean Court of Justice could be prime integration force

THE Caribbean Court of Justice (CCJ) could become one of the prime forces of regional integration and cooperation, but it must be backed by the required financial resources to become effective, Belize Chief Justice, Mr. Abdulai Conteh said here yesterday.

He noted at the opening of a two-day conference of Chief Magistrates of member states of the Caribbean Community (CARICOM) that the court was conceived as an indispensable institution for regional integration and development.

The Georgetown conference has been organised to inform and sensitise the magistracy in CARICOM member states about the CCJ and various issues relating to its operations.

Outlining the unique characteristics of the court at the Hotel Tower meeting, Conteh said the CCJ would be unlike any other comparable regional court, since it would be both a Municipal Court and an International Court, at one and the same time.

He, however, warned that this characteristic was not without challenges for the court when it gets under way, adding that these challenges would either enhance or diminish its prospects, either as the ultimate Court of Appeal (from the individual jurisdictions of member states) or as an effective regional court.

This is in the context of the integration efforts of CARICOM, and the goals and aspirations of the Caribbean Single Market and Economy (CSME).

"The conferral of the appellate jurisdiction on the Caribbean Court of Justice, thereby making it the final Court of Appeal for member states, within the domestic hierarchy of their legal systems, should be done in conformity with the provisions of their respective constitutions", he said.

Unless this is done, he said, "there might be challenges which will not only delay the process, but might well find their way to the Privy Council (of London) itself for determination."

The aspect of the exercise of establishing the court is more of a challenge to the executive and legislatures of member states, than for the judiciary, he said.

Conteh said that without question, an abiding challenge that will flow from the establishment of the court, will be that of financing it at an appropriate level to ensure that it functions with efficiency, dispatch, and the necessary judicial independence and integrity.

Noting that courts become dysfunctional through lack of resources, he said this is not new or unique to the administration of justice, whether in the region or beyond.

"Too often the administration of justice, particularly in ensuring adequate financial provisions for the judiciary, does not, it seems rate very high in the calculations of national treasuries," he stated.

He said it cannot be denied that in the round, the proper administration of justice is, in a material sense, part of the national security operations of a state.

Moreover, Conteh said, "when the courts become dysfunctional through lack of resources, the tendency is for people to have recourse to more destabilising methods of settling disputes which, before too long, may impact on the social, economic and political welfare of the state."

He also pointed to the blight of judicial systems caused by rich and overpowerful drug barons in some countries, now a sobering reminder in this respect.
Against this backdrop, the Belize Chief Justice sounded an early warning that, in the case of the CCJ, "the spectre or prospect of under-funding or lack of adequate financial or other resources, would deal a body blow to the regional cooperation and integration, almost to the point of unravelling the whole prospect."

He saw budgetary and financial independence as a necessary pillar for judicial independence and integrity, adding that the five-year programmatic budgetary provisions for the court and the establishment of a Trust Fund to defray the recurrent expenditure of the court will go a great way to sustain its financial independence and viability.

He commended the paying of assessed contributions by member states towards the costs of the court, and charged by law, on the Consolidated Fund, stating that it was vital for the success of the enterprise of the court, that its financing be put on a sound and sustainable basis.

CARICOM Secretary General, Dr. Edwin Carrington, recalled that in Georgetown last year, Heads of Government took a major step when they mandated the Caribbean Development Bank to raise on the international market, US to establish a Trust Fund, the yield of which will be used to finance the operations of the court on a sustainable basis.

Carrington said the CDB is to on-lend to participating states, the money raised, so that they can meet their obligations to the court in a one-time payment and then repay the loan on the basis of an agreed formula.

Chancellor of the Guyana Judiciary, Ms. Justice Desiree Bernard, recalled that the establishment of the Caribbean Court had been in the making for more than a quarter of a century, since she was Chairman of the Organisation of Commonwealth Caribbean Bar Association in the early 1970's.

Ms. Bernard noted that even after such a long period of talks and gestation, everything will be in place, as assured by Project Co-ordinator, Mr. Sheldon McDonald, adding that it will indeed be an historic moment.

Justice Bernard is looking forward to seeing the Caribbean Court of Justice as Guyana's final Court.
"There is need for a Caribbean Court of Justice", she said.

2003/2004 telephone directory project launched

THE Guyana Telephone and Telegraph Company (GT&T) Friday launched its telephone directory project for the year 2003-2004 at a brief ceremony at the Guyenterprise office, Almond and Irving Streets, Georgetown.

GT&T Deputy General Manager, Public Communications and Employee Relations, Mr. Terry Holder, in his remarks at the function, said all efforts will be made to create a more user-friendly, error-free edition.

"We have had some problems from time to time and we have already started the whole process of verification, trying to make sure that all who are currently listed will be listed correctly and also those who are coming on board, in terms of services, will be listed correctly also," he said.

Holder said the exercise is conducted every year because of the rate of expansion, which he estimates to be about 7,000 new subscribers.

The cover design of the 2003-2004 directory would be dedicated to the University of Guyana in recognition of its 40th anniversary celebrations. Persons would be invited to submit cover designs.

The publication is also to feature refreshing new views of Guyana. Last year, when the directory for 2002-2003 was presented, a Consumer Affairs representative had raised some concerns about the lack of enough information in the publication on AIDS and other social issues.

Holder said that the telephone company has been inviting NGO's and other organisations to submit information that would be favoured by the general public. He urged that advantage be taken of the invitation so that information, which is considered to be useful to the general public would be published.

He also highlighted the fact that the directory would need to generate revenue for itself and hoped to see a significant expansion for the year 2003-2004. He said there is hope that the yellow pages would form half of the directory. The yellow pages carry most of the advertising in the directory.

Managing Director of Guyenterprise, Mr. Vic Insanally, in his remarks, said the printing of the directory would be done by a company that has links to Brazil, which is closer to Guyana than the United States.

He said printing in Brazil would reduce the cost to produce the directory.

"We spent a lot of money on internal shipping in the United States and then shipping from Miami to here," Insanally pointed out.


Last year, Guyenterprise produced 96,000 copies of an edition that contains about 700 pages.

Insanally said the project would have an incubation period of about five months before a "fully grown, mature telephone directory" is produced.

In order to ensure the widest possible coverage, the advertising agency has enhanced its sales staff to ensure the needs of traditional as well as new subscribers are catered for. He said specific efforts would be made to reach businesses in Mahdia, Berbice and Lethem. He explained that the telephone company has plans to improve its service in those areas.

The rate for advertising in the directory will remain the same because the current economic climate does not permit an increase. He said subscribers would also be entitled to an "early bird special" and a pay later plan would also be made available.

Prime Minister Samuel Hinds, who made brief remarks during the launching said it was one of the positive events for the new year. He commended both the GT&T and Guyenterprise and all the other parties involved in producing the directory.

A signature tune with rhythmic Brazilian music, created for advertising the directory project entitled `Put a little yellow in your life’ was played during the launching.



'Mr. Hoyte was head and shoulders above his compatriots'

By Ms Eileen Cox
TODAY I wish to add my voice to the many voices that have paid tribute to the late Mr. Hugh Desmond Hoyte, SC, MP. Mr. Hoyte was head and shoulders above his compatriots. He was a visionary. He saw a united Guyana and he saw it as his mission in life to bring about unity. That there has been such difficulty in accomplishing that task must have given him great pain. I grieve because he had to leave this world without fulfilling the role that he should have played.

As official reporter and then Hansard Editor in the National Assembly, I was in a position to judge the ability of Members of Parliament. Mr. Hoyte was exceptional. His speeches were always well prepared and one had no doubt about the message that he sought to convey. He was widely respected.


Mr. Hoyte appreciated the work that the Guyana Consumers Association was doing. When the Government placed a ban on importation of many food products, Mr. Hoyte summoned the Executive of the Guyana Consumers Association and sought our support in inducing consumers to accept the ban. The Association appreciated that self-reliance was an acceptable proposition and had no hesitation in acceding to his request. The substitution of local fruits for fruitcakes dates back to that period.


In another instance, Mr. Hoyte demonstrated his belief in the workman's right to be paid. An electrician had done some major work in New Amsterdam and was experiencing great difficulty in receiving payment. He could not pay his creditors and was in financial straits. The electrician came to the Association for assistance and I sought Mr. Hoyte's intervention. Without any questions as to my party affiliation or the electrician's political views, Mr. Hoyte took action and within a few days the man was paid.


When Mr. Hoyte's birthday was celebrated at the Ocean View International Hotel on March 7, last year, I was honoured with an invitation to attend the function and further honoured by being seated at the Head table. It was a memorable evening with beautiful decorations and music that was just right for the occasion. Now, with the passing of Mr. Hoyte, I have greater reason for remembering the occasion.


Mr. Hoyte had great concern for the disadvantaged. He could not desert people who saw themselves as being sidelined and destined, with their children and children's children to be the drawers of water and hewers of wood. He could mix with persons at all levels, which is not an easy thing to do.


Mr. Hoyte was a man of intellect who could hold his own at international forums. He saw that the Constitution under which we presently live is not conducive to peace and harmony. In August last year I sent him a copy of the Swiss Constitution, which I obtained from the Internet. Within days he replied thanking me and saying:


"We have been obtaining copies of the Constitutions of Scandinavian countries which are also quite interesting and I am certain that the Swiss Constitution would be of considerable use in helping us to devise suitable political arrangements."


The Swiss Constitution came to my attention in a book entitled "Problems of Parliamentary Government in Colonies" which is itself a Report prepared by the Hansard Society on some of the problems involved in developing parliamentary institutions in colonial territories.


In this book it is stated that Mr. L. S. Emery had suggested that the Swiss method of an executive elected by the legislative by P.R. might be suitable for some plural societies.


We need to remember that the Swiss have a stable government in spite of being a multiracial society.


The members of PNCR and those others who now mourn the passing of Mr. Hoyte could do no better than seek from his party the gist of his views on the Constitutions that he was studying.


May we have a new Constitution that brings peace with it.



 

Facing up to illegal abortion in CARICOM

Analysis by Rickey Singh
IF SOME of the now commendable sustained official attention being focused on the HIV/AIDS pandemic afflicting the Caribbean could be devoted to another very serious public health problem in this region -- unsafe and illegal abortion -- we could perhaps talk more confidently and accurately of building healthy and just societies.


All across the Caribbean Community social commentators, human rights advocates, religious leaders, Ministers of Health and Attorneys General often become involved in fierce, emotional debates on the death penalty for murder.


But there remains painful reluctance, if not silence, to openly face up to the chronic social problem of unsafe and illegal abortions that are destroying the lives of many women -- every year -- most of them poor, working class citizens of the region.


As viewed by reform-minded advocates, it is the sad story in a number of CARICOM countries -- outdated, unimaginative, undesirable anti-abortion criminal law that cannot protect women from unsafe and illegal abortions.


A mixture of religious hostility and social prejudices often combine to stifle informed, objective national debates on this very sensitive issue that has much to do with responsible parenthood.


Many of our Health Ministers, indeed CARICOM governments as a whole, are driven by fear of losing electoral support and fail to aggressively pursue relevant changes in the law on abortion.


Even when confronted with data showing thousands being hospitalised annually in the region as a direct consequence of unsafe and illegal abortions, plus the high cost to governments to provide medical attention for such patients. .


At this period of a new year when a growing cadre of activists of non-governmental organisations are helping to combat the HIV/AIDS pandemic, there are others, including dedicated Caribbean public health advocates, who brave insults and misrepresentations to fervently lobby for changes in the criminal law on abortion to enable women access to safe and legal abortions.


Such advocates have to avoid becoming trapped in the emotional "pro-life and pro-choice" debates. Rather, they are articulating with specific case studies, the serious harm being done every week, every month to the women of our Caribbean forced to engage in so -- called "back-street" abortions.


In the absence, that is, of established, state-approved medical centres to deal with their pregnancies and within the context of what's legal and safe.


I must here state my own opposition to abortion but without prejudice to my respect for the rights of women who need and are entitled to safe and legal medical treatment if they have no alternative to terminate their pregnancies.


The abortion debate, after all, also has to do with fundamental human rights, one that involves the rights of women exploited and degraded by men, husband or boyfriend, who often pressurise, humiliate and physically assault them into killing their babies by resorting to unsafe and illegal abortions.


In our Caribbean Community family very few countries -- Barbados in 1983, and Guyana in 1995, readily come to mind -- have legalised or decriminalised abortion.


Others, such as Jamaica, felt compelled to establish public health centres to cater to the need for safe abortion within the framework of existing laws.


Only within recent times, however, have Jamaica and some other CARICOM states signalled a more enlightened approach to promote reforms in their public health system that could address challenging problems like HIV/AIDS and unsafe and illegal abortion


Helping in influencing a more positive attitude and breaking the official silence on unsafe and illegal abortion are small groups of professionally equipped individuals with a shared sense of social justice and motivated by a passion to promote an end to what exists as a shattering public health problem in member states of CARICOM.


Their crusading zeal is showing results in the changes, slow as they may be, in societies like Barbados, Guyana, Belize and St. Vincent and the Grenadines.


Where enlightened and committed Health Ministers exist to help the process, results have been even more encouraging.


There is such a group in Trinidad and Tobago, one that bravely and imaginatively adopted its name, in part, from the national motto: "Together we Aspire, Together we Achieve".


ASPIRE (Advocates for Safe Parenthood: Improving Reproductive Equity", is the NGO group that places much emphasis on research and education and, aided by its website, is urging the people of Trinidad and Tobago and their Caribbean cousins to join them in helping "to make medical abortion legal, safe and accessible for all women who need it".


On November 25 last year, ASPIRE submitted to some government ministers, among them Health Minister Colm Imbert and Attorney General Glenda Morean, a document entitled "Toward Responsible Parenthood: (A Plea for a Review of the Legal Status of Abortion)."


Basically, the ASPIRE document is a mixture of pleas and analyses for Trinidad and Tobago to also be seen as moving into a modern era on its criminal law on abortion..


The specific request to the Manning Government, as I understand it, is that it provides, first of all, a clarification of the state of the country's existing law on abortion.


Secondly, to establish a formal inquiry into the impact of the current law on women's health; and, thirdly, to initiate "an open, public dialogue on the merits and concerns of decriminalising abortion and developing a positive, civil regulatory law".


Intelligently enough, there is no fighting language, no display of arrogance in the document. ASPIRE's plea is simply for dialogue and informed public debate. It would be instructive to learn of the Government's response.


As that response is being anxiously awaited, perhaps Barbados and Guyana, which have set the pattern for safe and legal abortions, could provide for public information updates on how their respective legislative initiatives have in fact helped in coping with what remains a very challenging public health problem within the Caribbean Community.


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Canada ready to assist in modernising Caribbean judicial process

CANADA, like the United Kingdom and the United States, is ready to assist in the modernisation and the streamlining of the judicial process throughout the Caribbean region.

This was disclosed by Canadian High Commissioner Mr Serge Marcoux last Thursday when he presented a complete set of law reports of the Supreme Court of Canada to Guyana's Supreme Court Library.


The presentation was made in the Office of Chief Justice Carl Singh, who accepted the law reports on behalf of the judiciary.


High Commissioner Marcoux expressed the hope that the law reports, which are a small token of friendship coming from our Supreme Court today, will be proof of our engagement in this field.


"The soon to be born Caribbean Court of Justice, by providing a common denominator to all Caribbean countries will hopefully contribute to the modernisation and the streamlining of the judicial process throughout the region, he stated.


Mr Marcoux prefaced his formal remarks by conveying New Year greetings to Chief Justice Singh and Guyanese jurists on behalf of the Chief Justice of Canada, the Right Honourable Beverly McLachlin and the other judges of the Supreme Court of Canada.


In our age of globalisation and instant communications, international contacts and exchanges between practitioners of any given profession are becoming an important if not essential part of the global quest for excellence. Be it in Guyana, in Canada or elsewhere in the world, we must apply ourselves to find new ways and means to do things better, quicker and more efficiently, Mr Marcoux told Thursday's small gathering.


Today, I have the pleasure of presenting to you, on behalf of Mrs McLachlin, the collection of the Canada Supreme Courts Reports. As we go through these Acts from year to year, and from the 20th century to the 21st century, we can see how the men and, more and more, the women, who form the highest tribunal of our land have tried to establish and to maintain the rule of law in Canada, and to reflect in their judgements the ideals and values of our society, he said.


The High Commissioner continued: For many centuries, the magistracy has devoted most of its energies to eradicate violent behaviour in civilised societies. Unfortunately, as the last few months have demonstrated in this country, this role will continue to be essential. But there is now a new dimension to this phenomenon: I am referring to its internationalisation or, should I say, its globalisation.


Gun-related murders and criminal violence have plagued not only Guyana, but most of the Caribbean Community states throughout 2002. The climate of insecurity has had negative effects not only on local business but has acted as a deterrent on international investment thus preventing the economic development of countries already hurt by a fall in their tourist industry. The criminal activities know no boundaries: narco-traffickers and illegal arms dealers have organised themselves copying to the business practices adopted by large multinational companies. It is therefore time for governments and magistrates from different countries to come together, share their experiences and be at least as well organised as the criminals they aim at combating.


According to the High Commissioner, not only has the traditional role of the magistracy taken a new, more global dimension, it must deal now with new and complex issues. Nowhere probably is this felt more, he argued, than in the field of trade. He posited that an impartial, quick and fair judicial system, a system which respects the norms accepted internationally, is essential to attract investment and promote trade and industry in any country.


With the Caribbean Single Market at our doors, with Free Trade of the Americas coming in a few years, with the new rules being put in place by the World Trade Organisation, the legal system will have a greater responsibility in the economic development of each and every country of the Americas, Mr Marcoux reasoned.


He thanked Laparkan for its generous action in transporting the collection from Canada to Guyana without cost. The collection of law reports covers the period from 1935 to 2001.


A press release issued the same day by the Office of Chief Justice Singh stated that the resources of the Supreme Court have been strengthened through the acquisition of a complete set of law reports of the Supreme Court of Canada.


The Chief Justice praised the High Commissioner for his alacrity in both sourcing and arranging for the shipment of the law reports at no cost to the local justice system.


This set of reports further strengthens the acquisition of the Supreme Court Library and marks another step in the programme of assistance to the legal system in Guyana, which has benefited substantially from reading material, including books and law reports on CD, provided by the British Government, and law reports of the Supreme Court of India provided through the courtesy of the Indian Government. Efforts are being made to secure a complete set of the law reports of the Supreme Court of the United States of America, the release noted.


The statement concluded by recording the thanks of the Chief Justice on his own behalf and on behalf of the Chancellor of the Judiciary to High Commissioner Marcoux for his initiative and efforts at securing the reports. Justice Singh also expressed his gratitude to the Chief Justice and judges of the Supreme Court of Canada as well as to the Government of Canada for this warm and magnanimous gesture, which will undoubtedly go a long way towards the improvement of local jurisprudence.