In light of the government’s recent announcement that it is proceeding with constitutional reform, I am compelled to repeat a fundamental concern: we are moving to alter the very foundation of this society without first taking the time to understand the Constitution, the ideals and aspirations of the people, our diversity, and the rights the supreme law was designed to protect.
To embark upon reform under these circumstances is to flail in the dark. It risks doing more harm than good, as amendments pursued without proper understanding could contradict other constitutional provisions, create institutional dysfunction, and further entrench lawlessness.
If we are truly committed to the rule of law and its principles, not just mouthing them for political expediency, then everyone must be held accountable to the same standard. Only then can we begin to build a Guyana consistent with our national motto, “One People, One Nation, One Destiny.”
You cannot change something with any degree of credibility or commitment if you have failed to understand it, let alone give it a chance to work.
I continue to believe, and will continue to say, unless proven otherwise, that the hard and necessary work required to bring about constitutional compliance, including constitutional change or amendment, is simply not being done. As an advocate for constitutional adherence, I continue to call for compliance with the Constitution if any reform is to be legitimate.
But we must go further. We have members of the present Constitutional Reform Commission, and some fighting to get on it, who find it acceptable to proceed with an exercise of such grave national import while ignoring the obligations that would give legitimacy to the process.
I often wonder if these very members have even read the Constitution. Have they studied the background work that informs the spirit and intent of the instrument? Do they understand who we are as a people and what our aspirations are?
Have they taken the time to revisit the work of the 1999 Constitutional Reform Commission and, most importantly, what remains outstanding from that effort?
Article 119A of the Constitution expressly states:
“(1) The National Assembly shall establish a Standing Parliamentary Committee for Constitutional Reform for the purpose of continually reviewing the effectiveness of the working of the Constitution and making periodic reports thereon to the Assembly, with proposals for reform, as necessary.
“(2) In its work, the Committee shall have power to co-opt experts or enlist the aid of other persons of appropriate expertise, whether or not such experts or other persons are members of the Assembly.”
These provisions are binding, and yet here we are with no Standing Parliamentary Committee functioning as prescribed; no serious attempt to follow the law.
Among those on the present commission are individuals who served in our judiciary and persons whose reputations would lead society to believe they are law-abiding and possessed of integrity. But if they refuse to speak truth to power, if they sit silently while legality is trampled, then they are complicit. Every one of them is now called upon to revisit their actions and the lawlessness they are enabling.
Another grave concern is the Government of Guyana’s refusal to include constitutional education in the national curriculum, from nursery right through to university. This failure is no accident. It is a deliberate tactic. When people are ignorant of their rights and the supreme law of the land, they are easier to manipulate.
The attack on the Constitution and the loud clamour to change it are driven by many factors, including a deep-seated disdain for the People’s National Congress and the Forbes Burnham administration, under whose government the current Constitution was promulgated. And, of course, “constitutional reform” is a sexy political topic. It sounds progressive, even when it is driven by partisan motives rather than the national interest.
We have seen time and again what happens when this instrument is tampered with in the absence of legislation or a guiding framework. The bloated voters’ list is one such example and allows elections to be rigged before a single vote is cast. So too is the failure to give true meaning to inclusionary democracy. And worse, some citizens feel they must grovel to the powers that be to access what is rightfully theirs.
Ignorance of the Constitution and non-adherence to the supreme law only empower both Government and Opposition. Under such circumstances, the only ones who suffer are the ordinary people.
On one hand, government misconduct is treated as a constitutional weakness. On the other hand, a non-militant Opposition uses this as an excuse for inaction. This farce has become the norm, making a mockery of our political system and encouraging non-accountability from those who were elected and are paid by the people to serve the people.
I firmly believe that, in order to change the Constitution, it is first necessary to understand it. It is the bedrock upon which legislation must be built. And more importantly, we must ask: What is being done to breathe life into this document in a manner consistent with the people’s aspirations, as outlined in Article 13 and the national motto?
Our national motto—“One People, One Nation, One Destiny”—represents the common desire of most, if not all, Guyanese, regardless of our origin, to forge meaningful relationships based on respect, participation, and peaceful coexistence. This must be underpinned by laws that hold all accountable, without exception.
Yet, over two decades since the article was introduced, there has been no legislation, no executive action, no policy, no programme to give effect to its intent. This is willful neglect.
The problem is not the Constitution. The problem is ignorance of the Constitution and, worse, the exploitation of that ignorance. The real crisis is the absence of political will to do what is right by the people. Even more damning is that many of the enablers of this lawlessness come from quarters and persons whom society least expects.
Until we confront this hard truth, even the most perfect Constitution won’t take us one inch closer to building a society where every citizen is held to the same standards and bound by the same rules.
