Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694870838622.pdf (Guyana)
THE NATIONAL ASSEMBLY OF THE FIRST SESSION OF THE NINTH PARLIAMENT OF GUYANA (2006-2010) EIGHTH REPORT OF THE COMMITTEE ON APPOINTMENTS IN RELATION TO THE APPOINTMENT OF MEMBERS OF THE INDIGENOUS PEOPLES' COMMISSION COMMITTEES DIVISION PARLIAMENT OFFICE PUBLIC BUILDINGS GEORGETOWN 15th July, 2010 7 r-f_l EIGHTH REPORT 1.
Introduction The Standing Committee established under the Constit ution to address matters relating to to the appointment of members of commissions, pursuant article 119C of the Constitution and under the provisions of Standing Order No.

84, has agreed to the following as its Eighth Report - 2.
Members of the Committee At a meeting of the Committee of Selection held on 14th December, 2006, the following Members were nominated to the Committee on Appointments to address matters relating to the appointment of Members of Commissions: Members from the People's Progressive Party/Civic: (i) The Hon.

Dr. Leslie S. Ramsammy, M.P (ii) The Hon.

Robert M. Persaud, M.P (iii) The Hon.

Brindley H.R.

Benn, M.P (iv)The Hon.

Priya D. Manickchand (v) The Hon.


Jennifer (vi)Ms. Gail Teixeira, I. Webster, M.P M.P.

, M.P Members from the People's National Congress/Reform - 1 Guyana: (i) Mrs. Deborah (ii) Dr. George A. Norton, Backer, M.P M.P (iii) Ms. Amna Ally, M.P Member from the Alliance For Change: Mrs. Sheila Holder, M.P 3.

Election of Chairman The Committee 2006 at its first meeting held on 21,t December, unanimously elected Ms. Gail Teixeira, M.P.

as its Chairperson.

4.


Terms of Reference The Committee, by way of Resolution No.
17 passed by the National Assembly on 8th May, 200:\ was entrusted to discharge the following functions in ► relation to the appointment of members of the Commission under the established - Constitution "(a) identify appropriate bodies for consultation in the appointment of the relevant members of the Commission; conduct the necessary consultations with them and, where necessary, receive nominations from appropriate bodies; (b)make recommendations to the National Assen1bly · (i) for a consensual mechanism for tlze Ethnic Relations Commission, the Women and Gender Equality Commission, the Indigenous Peoples' Commission and t11e Rights of the Child Commission; (ii)for the appointment of members of the Commissions with the exception of the Public Procurement Commission; and (iii)in connection with any other matter referred to it by the National Assembly from time to time.
(c) report to the National Assembly in relation to each Commission as immediate as possible upon the discharge of its function in relation thereto."

2 5.

Mandate The National Assembly through Resolution No.

17 dated 8th May, 2003, mandated the Standing Committee to identify the appropriate "bodies" for consultation on the appointment the of members of Commissions, conduct necessary consultations with them and, where necessary, receive nominations from appropriate bodies.

6.
6.

Meetings of the Committee A total of forty-eight (48) statutory meetings was held over the period 21st December, 2006 to 29th June, 2010.

7.

Indigenous Peoples' Commission The Indigenous Peoples' Commission is one of four Rights Commissions established by articles 212G and 2125 of the Constitution.
Its primary functions as stated in article 212T are to: (a) promote (b)raise awareness and protect of the contribution of, and problems faced by, the rights of the indigenous peoples; indigenous peoples; (c) promote empowerment of the indigenous peoples, especially with regard to the village council in the local government system and the scope and authority of the Council of Toushaos; (d)make recommendations on economic to and education policies advance the interest of the indigenous peoples; (e)make recommendations for the protection, preservation and promulgation of the cultural heritage of the and language indigenous peoples; 3 (f) promote consultation and co-operation with indigenous peoples especially with regard to their participation in national decision­ making and other decisions that affect their lives; (g)recommend and promote training to and technical assistance support initiative by and for indigenous peoples; (h)educate employers and the public and make recommendations to improve employment practices related to indigenous peoples; and (i)monitor the need for and recommend where appropriate the establishment of mechanisms to provide counseling for indigenous peoples.
8.
Composition of the Commission In accordance with Article 212S (2)(a),(b),(c)of the Constitution, membership of the Indigenous Peoples' Commission slznll consist of three categories of persons: (a)not more than ten members nominated by entities, by a consensual mechanism determined by the National Assembly, after the entities are determined by the votes of not less that two-thirds of all elected members of the National Assembly; (b)three persons, by the at least one being a woman, nominated Toushaos Council and two persons including one woman nominated by Amerindian organizations determined by the votes of not less than two-thirds of all elected members of the National Assembly; and (c)a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the Human Rights Commission, Ethnic Relations Commission, Women and Gender Equality Commission and Rights of the Child Commission.
4 9.

PROCESS OF IDENTIFYING ENTITIES 9.1 On 17th April, 2007, at its 6th meeting, the Committee the agreed to invite National Toushaos Council, to make nominations as well as identify the four Amerindian namely, Organisations the Guyana Organization of [ndigenous Peoples (GOIP), the Amerindian People's Association(APA), the Amerindian Action Movement of Guyana (T AAMOG), and the National Amerindian Development Foundation (NADF) to make nominations in keeping with article 212 S (2) (b) of the Constitution.
9.2 The four Amerindian organizations made separate nominations amounting to five persons.

Based on the stipulation of article 212 S( 2) (b) which provides for only two (2) nominations from these bodies, the Committee decided to select from among these nominations by vote at its 15th meeting on 4th December, 2007, and, thereby, selected Mr. David James· and Ms. Matilda Saigo as the two nominees.
9.3 The National Toushaos Council(NTC) held its bi-annual conference on 25th October 2007, and elected their nominees.

The NTC, through the Ministry of Amerindian Affairs, subsequently submitted the names of the three nominees to the Committee on Appointments by letter dated 29th October, 2007, namely; Toushao Yvonne Pearson, Toushao Dr. George Norton and Toushao William Andries.
9.4 Also, at its 15th meeting on 4th December, 2007, the Committee considered the following entities for nominations under article 212 S (2) (a): 5 Affairs of Amerindian of Health of Education of Labour, Ministry Ministry Ministry Ministry Amerindian Guyana Geology Sector Private Environmental Guyana Tourism Guyana Lands and Surveys Protection Authority Commission Research Agency Human Services Security Unit, University and Mines Commission and Social of Guyana or Tourism Commission Hospitality Association .... 9.5 The list was further broadened with proposals for the following to entities be considered: The Guyana Council of Churches The Guyana Human Rights Association The Guyana Bar Association Ministry of Home Affairs 9.6 At its 16th .meeting held on Tuesday, 11th December, 2007, the Committee sought to develop a formula for the representation of the entities based on the various proposals that were discussed.
Further, m keeping with the commitment contained in the Joint Agreement of the National Stakeholders' Forum of 12th March, 2008, to appoint the four constitutional Rights Commission within 90 days, the Committee at its 19th meeting on 18th March, 2008, acknowledged the responsibility given to it and agreed that it would treat this as a matter of priority and, therefore, it would meet weekly instead of fortnightly.
9.7 In accordance with its mandate, the Committee considered the mori11s opernnrii to be applied for the purpose of identifying representative organizations and agreed that it would try to retain the overarching principles that governed the process of the previous Committee, one of which was to promote broad participation.
6 .,, __ 9.8 At the 19th meeting on 18th March, 2008, the Members of the PNC/R-1G insisted of parity on the principle and proposed that in relation 2125 to article (2)(a), the Committee should consult with not more than five(S) to entities provide five nominees, in keeping with the five persons nominated by the four Amerindian organizations and the National Toushaos Council.
9.9 The PPP /C, however, felt that the Constitution provided for up to 10 members under article 2125 (a) and, therefore, the Committee should consult with at least ten (10) entities.

9.10 Discussions on the identification of entities and the number of nominees continued at subsequent meetings held during the period 25th March to 13th May, 2008.
9.11 At the 26th meeting held on 20th May, 2008, the PPP/C Members proposed a compromise of a reduction from 10 to 8 entities under article 212 S (2)(a), in conjunction with the 5 nominations 212 of the Amerindian entities under article 5(2) (b).

This did not find favour with the PNC/ R-1G Members on the Committee and an impasse between the two sides in relation to the number of members which would comprise the IPC continued from June, 2008 to January, 2009.
9.12 At its 34th meeting held on 13th January, 2009, the Committee agreed to take the matter to the National Assembly for guidance and a draft motion and an interim report was prepared for discussion by the Committee at its next meeting .

7 9.13 At its 35th meeting on January, 27th, 2009, the Committee on Appoinhnents examined the Interim Report and the Motion.
However, there was further disagreement among Members with regard to the draft motion and it was agreed that more time was required to give further consideration on the issue.

9.14 The Committee resumed discussions on 3rd on the issue at its 36th meeting February, 2009, and the PNC/R-lG indicated its willingness to move from its original proposition of a 5:5 ratio and increase the entities from 5 to 7 under article 2125 (l)(a), once there was agreement on the entities among the Members.
The PNC/R-1G also maintained that the number of entities should equal the number of persons to be nominated as members of the Commission.

9.15 The Committee, thereafter, met on 12th May, 2009, and re-commenced discussions on the list that was previously proposed, effort to with a determined arrive at a consensus.
9.16 The following fourteen (14) entities were put to the meeting with the PPP /C initially proposing eight and the PNC/R-lG, six: Ministry of Amerindian Affairs Ministry of Health Ministry of Education Ministry of Labour, Human Services and Social Security Amerindian Research Unit, University of Guyana - Guyana Geology and Mines Commission Private Sector Commission Agency Environmental Protection - Guyana Tourism Authority or Tourism Hospitality Association Guyana Lands and Surveys Commission 8 Guyana Council - Guyana Human Rights of Churches Association Ministry of Horne Affairs 9.17 After much deliberation, the Committee unanimously agreed on the following seven (7) entities to nominate members to the indigenous Peoples' Commission: Ministry of - Guyana Council of Churches Amerindian Affairs Ministry of Labour, Human Services and Social Security Ministry of Health Amerindian Research Unit, University of Guyana Environmental Protection Agency Private Sector Commission 9.18 In July, 2009, the National Toushaos Council held its bi-annual elections, and on 10th December, 2009, submitted to the Committee on Appointments, three newly elected nominees namely: Toushao Marco DeSouza, Toushao Yvonne Pearson and Toushao Doreen Jacobus to represent it on the Indigenous Peoples' Commission.
9.19 The Committee at its 41st meeting, on 9th March, 2010, unanimously agreed on the nominees of the NTC, and, further agreed that the two previous nominees, Mr. David James and Ms. Matilda from Saigo who were selected among the nominees submitted by the four Amerindian organizations, would remain on the list of nominees.
9 9.20 The Committee, thereafter, agreed that the amended Motion should be ... presented to the National Assembly seeking its approval of the seven (7) entities and the nominees from the NTC and the Amerindian organisations.

9.21 On 18th March, 2010, the National Assembly No.

118 passed Resolution approving the nominees from the NTC and Amerindian namely: organizations Toshao Yvonne Pearson; Toshao Doreen Jacobis; T oshao Marco J.
De Souza; Mr. David James; and Ms. Matilda Saigo r to be appointed Members on the Indigenous Peoples' and the Commission, following entities with: to be consulted The Amerindian Research Unit, University of Guyana; Environmental Protection Agency; Ministry of Amerindian Affairs; Private Sector Commission; Ministry of Labour, Human Services and Social Security; Ministry of Health; and Guyana Council of Churches 9.22 After the passage of the Resolution, the Committee commenced writing the agencies on 29th March, 2010, inviting the submissions of their nominees.
A three-week deadline was initially given for the submissions and subsequent extensions were given to a number of entities.

10 - 10.
10 - 10.

Nomination by the approved entities Name of Entity Name of Nominee Date Submitted Ministry of Amerindian Affairs Mr. Norman Whitaker, M.P 12th April, 2010 Ministry of Health Ms. Patricia Singh 13th April, 2010 Ministry Services of Labour, Human Mr. James Singh and Social Security Amerindian University of Guyana Research Unit - Mr. George Simon 18th May, 2010 24th June, 2010 The Guyana Council Churches of Rev Fr.

Malcolm Rodrigues 10th June, 2010 Private Sector Commission Capt.
Gerald Gouveia 9th April, 2010 The Environmental Agency Protection Mr. Damian Fernandes 7th April, 2010 11.Committee's Selection Process 11.1 The Committee met on 15th June, 2010, and proceeded the to examine nominees before it.

However, it was recognized that Dr. Christopher Carrico, the University of Guyana's nominee to represent the Amerindian Research Unit, was a non-national who was on a two-year contractual obligation to the university.
11.2 Whilst the Committee noted that the Constitution was silent on the issue of the nationality of a person sitting on any Commission, it was unanimously agreed that in the interest of the Committee's mandate, the University of Guyana should be written to, expressing concerns regarding the status of its nominee in Guyana.
11 11.3 Thereafter, by letter dated 16th June, 2010, the University was of Gu�•ana given a further extension to either clarify Mr. Carrico' s status or suggest another On 24th June, 2010, the University of Guyana submitted Mr. George nominee.

Simon as the represent ative of the Amerindian Research Unit.

11.-1 On 291h June, 2010, the Committee concluded its consideration of the nominees.
At the close of the meeting, the Members of the Opposition stated that they supported the nominees that were submitted, save and except the nomination of Mr. James Singh, Commissioner of Forests, by the Ministry of Labour, Human Services and Social Security.

They expressed the view that he could not adequately represent that Ministry in its handling of social issues that would appear before the Commission, considerin g that that was not his area of expertise.
The Government Members responded that the fears were unfounded and emphasized that this nominee would bring a wealth of expertise and skills important to the Commission.

Furthermore, the Members pointed out that in his day to day work he collaborated with the Ministry of Amerindian Affairs and the Ministry of Labour, Human Services and Social Security.

This matter was not concluded.


11.5 The Committee met again on 13th July, 2010, and examined the draft motion and report on the Indigenous Peoples' Commission.

Members of the Opposition re-iterated their objection to the nomination of Mr. James Singh to the Commission.
The Government side, in response, referred to the provisions of the Constitution which called for persons "nominated ... " not by entities representatives it open to the entities of entities, thereby leaving to nominate persons they felt were best able to serve on the Commission.
The Opposition conceded that this was so, but re-iterated the view nevertheless, that the nominee 12 should be a person from the Ministry of Labour, Human Services and Social Security as this reflected the spirit of the March Resolution.

11.6 The Committee then approved the draft motion and made corrections to the draft report which was also approved.
12 Additional Issue raised by the National Toushaos Council 12.1 The Committee also wishes to bring to the attention of the National Assembly, one issue raised by the National Toushaos Council in 2007 and 2009: • that the term of office of the IPC is three years whilst the NTC's term of office is for two years.
12.2 In relation to the issue raised, the Committee was of the view that the nominees from the NTC to the IPC as with all other nominees once appointed, remain Members on the IPC for the duration of its term of office despite the possibility that those persons, in the interim, may no longer be Toushaos.

13.The Report and Motion were, therefore, adopted by the Committee, save and except of Mr. James Singh's the Opposition's acceptance nomination.

1-l.
1-l.

The Committee now, therefore, accordingly hereby submits the Report and Motion for consideration and adoption by the National Assembly.

Committee alrp erson on Appointme11ts 13