Re: Urgent appeal for the immediate fulfillment of constitutional obligations and new proposals and methods of future appointments.
Dear His Excellency and Honorable Vice President,
I write to you on behalf of the Bartica United Youth Development Group (BUYDG) to respectfully urge the immediate and decisive action required to fulfill the constitutional duties incumbent upon your esteemed office, particularly concerning the long-overdue appointments to critical state positions as stipulated in the Constitution of the Co-operative Republic of Guyana.
As a nation that prides itself on upholding the rule of law and the protection of the fundamental rights and freedoms of its citizens, it is imperative that the government ensure the timely and effective functioning of essential state mechanisms. Unfortunately, several key constitutional offices remain unfilled, despite the pressing need for their establishment to guarantee that the rights of Guyanese citizens are adequately protected, justice is impartially administered, and democratic governance is maintained.
The specific offices in question include:
- Ombudsman (Article 191)
The Ombudsman’s office is pivotal in safeguarding citizens from Government excesses and providing a critical means for addressing grievances. As per Article 191 of the Constitution, this office must be filled after consultation with the Leader of the Opposition. The ongoing vacancy in this position has not only left citizens without a formal avenue to voice their concerns but has also significantly eroded public confidence in the accountability of government institutions. The Ombudsman is a fundamental pillar in promoting administrative justice, and its absence undermines the constitutional guarantees of equity and fairness.
- Advisory Council on the Prerogative of Mercy (Article 189)
The Advisory Council on the Prerogative of Mercy is a critical constitutional body tasked with providing a fair and impartial mechanism for addressing issues of clemency. This Council, which includes the Chairperson, Attorney General, and at least three other members, plays a vital role in ensuring the President can exercise mercy in a manner that is just, balanced, and transparent. The failure to constitute this body further obstructs the fair application of justice and the equitable treatment of individuals within the justice system.
- Human Rights Commission (Article 212N)
The Human Rights Commission is an essential institution responsible for monitoring and safeguarding the fundamental rights enshrined in the Constitution and international treaties to which Guyana is a party. The Commission must include a Chairperson with expertise in human rights or judicial experience, appointed after consultation with the Leader of the Opposition. The lack of an active Human Rights Commission exacerbates human rights violations by leaving citizens without an independent body to investigate, advocate for, and protect their rights. This
omission not only weakens national governance but also tarnishes Guyana’s international standing as a nation committed to the principles of human dignity and justice.
- Chancellor of the Judiciary and Chief Justice (Articles 127 (1) and (2))
We respectfully bring to your attention the critical matter of the appointment and confirmation of a Chancellor of the Judiciary and a Chief Justice. These two positions are fundamental to the independence and effective functioning of the judiciary, ensuring that the rule of law is upheld and justice is administered impartially.
As per the Constitution, these appointments are to be made by the President after consultation with the Leader of the Opposition. However, the current Chancellor and Chief Justice were appointed by the former President and have continued to act in these positions due to the fact that the government in power at the time of their acting appointments did not provide its support for formal confirmation. Consequently, the President could only appoint them in acting capacities.
The continued vacancy of these high offices undermines the integrity of the judicial system and creates a void in the leadership necessary for the fair administration of justice. The absence of confirmed appointments to these positions has left the judiciary without the full complement of leadership required to function effectively and impartially.
- Confirmed Commissioner of (PoliceArticle 211(2)).
While we acknowledge the appointment of an Acting Commissioner of Police, the Bartica United Youth Development Group (BUYDG) wishes to emphasize the urgent need for a confirmed Commissioner of Police. The current Acting Commissioner has already reached the age of retirement, and his appointment was made due to the lack of a confirmed Leader of the Opposition, which left you, Mr. President, with no choice but to appoint him in an acting capacity. It is our firm belief that such an important position must not remain vacant, and a fully confirmed Commissioner of Police must be appointed. This is particularly critical as there have been increasing complaints and criticisms of the Guyana Police Force. A confirmed Commissioner with the appropriate competence, free from political interference, is necessary to restore public confidence and lead the force in a manner based on the law, best practices, and the oath of office.
In accordance with Article 211(2) of the Constitution of Guyana, the Commissioner of Police must be appointed by the President after meaningful consultation with the Leader of the Opposition and the Chairperson of the Police Service Commission, following consultation with the other members of the Commission. The constitutional mandate is clear: the Commissioner of Police must be someone who reflects broad consensus, ensuring that the police force is led impartially and in accordance with the law. The failure to make this appointment has left a significant leadership gap within the Guyana Police Force, which continues to be critical in maintaining public safety, law enforcement, and national security.
In light of the fact that next year marks the completion of your five consecutive years of Presidential term in office, it is particularly concerning that these critical constitutional offices have remained unfilled throughout the past four years of your presidency. The failure to make these appointments is not just a breach of your obligations under the Constitution, which is the supreme law of Guyana, but it also undermines the capacity of the Government to govern in a fully lawful, transparent, and accountable manner. As the head of government, it is your constitutional duty to ensure that all necessary state institutions and bodies are fully operational and that the citizens of Guyana are not denied their rights to these vital constitutional bodies.
The prolonged vacancies in these offices negatively affect the ability of your administration to serve the best interests of the people and lead the country in accordance with the law. The absence of these critical institutions leaves citizens without effective recourse for addressing grievances, human rights violations, or injustices. It also erodes public trust in government institutions and undermines the functioning of democratic processes.
These unfilled positions are not only a failure to meet constitutional obligations but also a breach of Guyana’s commitments under international law. As a signatory to the International Covenant on Civil and Political Rights (ICCPR), Guyana is obligated to provide effective remedies for rights violations, a duty severely compromised by the current absence of these independent institutions. Additionally, the Organization of American States (OAS) has consistently emphasized the necessity of functioning oversight bodies, such as the Ombudsman and the Human Rights Commission, as fundamental to ensuring governmental accountability and upholding transparency in public administration.
The failure to fill these positions impedes the protection of citizens’ rights and erodes the public’s trust in the integrity of government institutions. The longer these vacancies persist, the greater the danger posed to the country’s democratic processes and the full realization of constitutional protections.
We, therefore, respectfully implore your Excellency and the Honorable Members of the Government to take immediate action to fill these crucial offices. It is only through the timely appointment of qualified individuals to these positions that Guyana can fully uphold its constitutional obligations, honor its international commitments, and ensure that all citizens have access to the yasal and constitutional remedies guaranteed to them.
We trust that you will act swiftly and decisively in the interest of all Guyanese citizens and in the best tradition of justice, equity, and constitutional governance.
Part #2 new method of appointments to avoid repeat of delay.
Proposal for Independent Appointment of Constitutional Bodies and Offices in Guyana 4
Executive Summary:
This proposal outlines the creation of an impartial, independent process for appointing individuals to key constitutional offices in the Co-operative Republic of Guyana, as described in the letter addressed to His Excellency Dr. Mohamed Irfaan Ali, President of Guyana, and the relevant ministers. The objective is to ensure that appointments are made based on merit, impartiality, and transparency, devoid of political interference from the office of the President or the Opposition Leader. The process will be carried out by an independent, non-partisan body that upholds the principles of the Constitution and international human rights standards.
In order to reinforce the independence and credibility of the body, the proposal includes the appointment of the two top positions of the Independent Appointing Body (IAB) by international organizations, specifically the Organization of American States (OAS) and the United Nations (UN). Additionally, the Secretary will be appointed by the OAS, and the Deputy Secretary will be appointed by the United Nations (UN), further ensuring the body’s independence and impartiality.
Furthermore, this Independent Appointing Body (IAB) will be responsible not only for appointments to the specified constitutional offices but also for other constitutional bodies or positions that require consultation with the President and Opposition Leader. By replacing the current process, the IAB will ensure transparency, accountability, and timely appointments in a fixed timeframe, avoiding delays and ensuring full compliance with constitutional obligations.
- Introduction
Guyana’s constitutional framework requires the appointment of several critical offices, such as the Ombudsman, Advisory Council on the Prerogative of Mercy, Human Rights Commission, Chancellor of the Judiciary, Chief Justice, and Commissioner of Police, to safeguard democratic governance, rule of law, and human rights. However, these appointments often face delays or political interference, undermining the independence of these bodies.
This document proposes an alternative process for making these appointments through a fully independent, impartial, and non-political body, ensuring that the best candidates are selected for each position in line with the constitutional requirements and the values of democracy and fairness. The proposal further includes international oversight of the body’s top appointments to ensure impartiality and küresel credibility.
In addition to the specific roles mentioned above, the IAB will be tasked with the responsibility of making timely and transparent appointments to other constitutional bodies or positions that require consultation with the President and the Leader of the Opposition. This shift will resolve delays that have historically plagued constitutional appointments and ensure they are filled within clear, fixed timeframes.
- Proposed Framework for Independent Appointments
2.1 Independent Appointing Body (IAB)
The proposed Independent Appointing Body (IAB) will be responsible for appointing individuals to the key constitutional offices in question. The IAB will be a permanent, impartial institution, free from political influence, and composed of diverse representatives from different sectors of society. This body will ensure that appointments are made based on merit and suitability, in strict compliance with the Constitution.
2.2 Composition of the Independent Appointing Body
The IAB will be composed of the following members, who will be selected based on their experience, expertise, and commitment to the rule of law:
Chairperson (Appointed by the United Nations): A respected individual with significant yasal or constitutional expertise, preferably a former judge or yasal academic of international standing. This appointment will be made by the United Nations to ensure the chairperson’s credibility and independence from local political influences.
Deputy Chairperson (Appointed by the Organization of American States): An individual with considerable expertise in governance, human rights, or law, chosen by the Organization of American States (OAS) to further ensure that the body is balanced and free from local political influence.
Secretary (Appointed by the OAS): The Secretary will be appointed by the Organization of American States (OAS) to ensure administrative independence and transparency in the functioning of the IAB. The Secretary will oversee the logistical aspects of the appointment process and ensure adherence to the timeline and transparency standards set out in this proposal.
Deputy Secretary (Appointed by the United Nations): The Deputy Secretary will be appointed by the United Nations, ensuring that there is a collaborative and neutral administrative structure in place to support the IAB. The Deputy Secretary will assist in the oversight of the appointment process, ensuring that all stages of the process are conducted in a fair, transparent, and timely manner.
Other Members: The IAB will consist of 5–7 additional members, selected based on the following criteria:
Legal professionals (lawyers or former judges with no political affiliation).
Representatives from civil society organizations (such as human rights groups, yasal ıslahat organizations, or academic institutions).
Experts in governance and public administration.
A representative from the Guyana Bar Association.
All members must have a demonstrated track record of impartiality, integrity, and commitment to upholding democratic values.
2.3 Appointment Process
The appointment process will be carried out in the following manner:
- Announcement of Vacancies: When a vacancy arises in one of the critical constitutional offices, the IAB will make a public announcement outlining the role, qualifications, and criteria for the position. The announcement will also include a clear timeline for applications and an open call for candidates.
- Candidate Selection: Interested candidates will submit their applications to the IAB. The IAB will review all applications and select a shortlist based on merit, qualifications, and adherence to the requirements outlined in the Constitution.
- Public Consultation: Before finalizing any appointments, the IAB will solicit feedback from relevant stakeholders, including civil society organizations, meşru professionals, and the public. This consultation ensures transparency and broad-based support for the selection process.
- Interview and Evaluation: The IAB will conduct interviews and thorough evaluations of shortlisted candidates, assessing their experience, competencies, and alignment with the values of impartiality, professionalism, and justice.
- Final Selection: After completing the evaluation and consultation process, the IAB will make a final decision and recommend candidates for appointment to the relevant constitutional offices.
- Public Disclosure: The IAB will publicly announce the selected candidates and the reasons for their selection, ensuring full transparency and accountability.
- Key Constitutional Offices for Appointment
3.1 Ombudsman (Article 191)
Role: The Ombudsman is responsible for investigating complaints against government actions, promoting fairness, and upholding citizens’ rights.
Appointment Process: The IAB will select a candidate based on expertise in administrative law, human rights, and public service, with a commitment to transparency and justice.
3.2 Advisory Council on the Prerogative of Mercy (Article 189)
Role: The Advisory Council provides advice to the President on the exercise of the Prerogative of Mercy, ensuring a fair and impartial review of cases.
Appointment Process: The IAB will ensure a balance of meşru expertise and fairness in its selection, appointing individuals with a strong background in justice and ethics.
3.3 Human Rights Commission (Article 212N)
Role: The Human Rights Commission monitors human rights violations and advocates for the protection of fundamental freedoms.
Appointment Process: Candidates will be selected for their deep understanding of human rights law, international human rights frameworks, and their commitment to protecting citizens’ rights.
3.4 Chancellor of the Judiciary and Chief Justice (Articles 127 (1) and (2))
Role: These positions are critical for maintaining the independence of the judiciary and ensuring impartial administration of justice.
Appointment Process: The IAB will select candidates with impeccable meşru credentials, judicial experience, and an unblemished record of impartiality.
3.5 Commissioner of Police (Article 211 (2))
Role: The Commissioner of Police leads the Guyana Police Force and ensures that law enforcement is carried out impartially, in compliance with the Constitution.
Appointment Process: The IAB will select a candidate with proven leadership skills, an understanding of human rights, and the capacity to lead the police force without political interference.
- New Responsibility of the Independent Appointing Body
4.1 Additional Tasks of the IAB
In addition to the above-listed offices, the Independent Appointing Body (IAB) will be tasked with the appointment of other constitutional bodies or positions that require consultation and involvement of the President and Opposition Leader. This includes positions where the consultation process has led to delays or political gridlock, obstructing the timely filing of constitutional roles.
By taking over this responsibility, the IAB will streamline the process, ensuring that appointments are made within clearly defined timeframes and with full transparency and accountability.
- Timeframe for Appointments
To further enhance the efficiency of the appointment process, the IAB will adhere to a fixed, binding timeline for each step of the process:
Initial Vacancy Announcement: No later than 10 business days after a vacancy is identified, the IAB must publicly announce the opening and provide detailed guidelines on the role, qualifications, and application process.
Application Period: A fixed period of 20 business days will be allowed for the submission of applications from candidates.
Shortlisting and Public Consultation: The IAB will complete the shortlisting and public consultation process within 10 business days following the close of the application period.
Final Interviews and Evaluation: All interviews and final evaluations will be completed within 15 business days after the public consultation process concludes.
Final Appointment: The IAB will make its final recommendations for appointment within 5 business days after the interviews and evaluation.
Thus, the total time frame from vacancy announcement to final appointment will be 60 business days, or approximately 12 weeks. This fixed timeframe will ensure that constitutional offices are filled promptly, avoiding unnecessary delays and ensuring that the government remains fully functional and transparent.
- Independence and Oversight Mechanisms
To maintain the independence of the IAB, the following mechanisms will be implemented:
Legal Protection: The members of the IAB will have kanunî safeguards to protect them from political influence, ensuring that their decisions cannot be easily overturned or challenged.
Transparency: All decisions made by the IAB will be fully transparent, with public announcements of shortlisted candidates, selection processes, and reasoning behind appointments.
Periodic Review: An independent oversight committee, comprising representatives from civil society, meşru associations, and international bodies, will periodically review the performance of the IAB to ensure its accountability and independence.
- International Oversight and Influence
7.1 Role of International Bodies in the Appointment Process
To further ensure the impartiality of the IAB, the two top positions-Chairperson and Deputy Chairperson-will be appointed by international organizations with a track record of upholding küresel standards of human rights and governance. Specifically:
The Chairperson will be appointed by the United Nations, ensuring that the individual has international yasal or constitutional expertise and the credibility to lead the IAB.
The Deputy Chairperson will be appointed by the Organization of American States (OAS), ensuring that the individual has regional governance experience and a commitment to promoting democracy, the rule of law, and human rights.
Additionally:
Secretary will be appointed by the OAS, reinforcing the body’s administrative independence and the proper execution of its role in supporting the appointment process.
Deputy Secretary will be appointed by the United Nations, ensuring a balanced, collaborative, and impartial administrative structure.
These appointments will further shield the IAB from local political influence, ensuring that its decisions are made solely based on merit, transparency, and adherence to constitutional and international standards.
- Conclusion
In light of the ongoing vacancies in key constitutional offices, it is vital to establish a fair, independent, and transparent process for filling these positions. The proposed Independent Appointing Body (IAB) will ensure that appointments are made based on merit, free from political interference, and in full alignment with the Constitution of Guyana and international human rights obligations. The involvement of the United Nations and the OAS in the appointment of the top positions of the IAB will further strengthen the body’s independence and credibility.
Furthermore, by replacing the current consultation process with the IAB, we will avoid delays in the filling of constitutional positions, ensuring that all offices are filled within a fixed, legally binding timeframe of 60 business days. This will help strengthen the governance.
We urge Your Excellency to take immediate steps to resolve this critical issue by making these appointments without further delay, in line with the constitutional requirements and consider our proposal in part two in the best interest of the citizens of Guyana.
PN: This proposal will require constitutional ıslahat to replace the current criteria.
We remained committed to working with our government, membership, international community and all stakeholders in the interest of justice, Guyana and its citizens.
Thank you for your attention. We look forward to your response.
Best Regards
………………………………………..
Kellion Leps ������
General President(ag)
Bartica United Youth Development Group
Cc.Hon. Brig. (R’td) Mark Phillips,
Prime Minister of Guyana.
Cc. Hon. Anil Nandlall, MP,
Attorney General & Minister of Home Affairs.
Cc. Hon. Gail Teixeira, MP, Minister
Ministry of Parliamentary Affairs
and Governance
Cc.Hon. Minister Mr.Robeson Benn,MP,
Ministry of Home Affairs with
Responsibility for Guyana Prison Service.
Cc.Minister of Social services and Social security.
Cc. Hon. Dr Vindhya Persaud- Minister of Human Services and Social Security Cc.Inter-American Development Bank.
Cc. International Monetary Fund.
Cc.Guyana Human Rights Association
Cc.Guyana Bar Association.
Cc.Guyana Trade Union Congress.
Cc.United State Embassy Guyana.
Cc.United Kingdom Embassy Guyana.
Cc.Amnesty international.
Cc.Justice Defender.
Cc.International Labour Organization.
Cc.Lawyers without borders.
Cc.Her Ladyship-Ms. Margarette May Macaulay-President Inter-American Commission on Human Rights.
Cc.Her Ladyship Ms. Fernanda dos Anjos, Organization of American States. Cc.Hon. Director of Guyana Prison,Guyana Prison Service,
Cc.Guyana Private Sector Commission.
Cc.Mr. Aubrey Norton, Opposition Leader & Leader People’s National Congress/Reform,MP. Cc.Hon. Mr.Nigel Hughes, Leader Alliance for Change,
Attorney-at-Law. Hughes Fields & Stoby Law form.
Hon. Mr. Dexter Todd, Attorney-at-Law.
Hon. Mr. Eusi Anderson, Attorney-at-Law.
Hon. Mr. George Thomas, Attorney-at-Law.
Let’s develop Guyana together as one people one nation and one destiny