(Commonwealth_Caribbean_ Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has robustly defended Guyana’s constitution as a strong and democratic instrument, countering recent claims of ‘autocratic’ behavior made by Dr. Bertrand Ramcharan. During the weekly program ‘Issues in the News’ on Tuesday, Nandlall stressed that Guyana’s constitutional framework is well-aligned with democratic principles and international standards, safeguarding the nation’s democracy.
Minister Nandlall emphasized that Guyana’s constitution lays down the foundational governance structures, including an election framework and basic human rights. It also establishes independent institutions designed to protect these rights and ensure the government’s adherence to the rule of law. According to Nandlall, the Constitution’s architecture effectively prevents any government from gaining unchecked power. “Guyana’s constitution as I said, meets all the international requirements, in respect of constitutions that govern other countries, larger countries, United States of America, India, which is regarded as the largest democracy on earth,” he remarked.
A key element of Guyana’s democracy is the separation of powers among the three branches of government: the executive, legislature, and judiciary. Each branch operates independently, reinforcing the checks and balances essential to a functioning democracy. Nandlall particularly highlighted the judiciary’s independence, noting that its appointments and budgetary processes are carried out without any interference from the government. This ensures that the judiciary can operate as an impartial arbiter, free from political influence, thus strengthening the democratic framework.
Minister Nandlall also referenced the Caribbean Court of Justice (CCJ), which has consistently affirmed the democratic nature of Guyana’s elections and governance processes. The CCJ serves as the highest court for Guyana and other CARICOM nations, ensuring that justice is administered fairly and without bias. The CCJ’s endorsement of Guyana’s democracy underscores the legitimacy and transparency of the country’s electoral system and governance.
In response to Ramcharan’s critique regarding the lack of ‘parliamentary scrutiny and opposition consultation,’ Nandlall strongly defended the active role of Guyana’s parliament in upholding democracy. He explained that the parliament engages in fair debate, with equal participation from both government and opposition members. According to Nandlall, since August 2020, Guyana’s parliament has passed more laws than any other English-speaking Caribbean nation, demonstrating its effectiveness and diligence in scrutinizing government actions and accounts. This, he argued, proves that parliamentary oversight is not only present but is being rigorously applied to safeguard the democratic process.
Moreover, Nandlall asserted that Guyana’s constitution is one of the most progressive in the Caribbean region, describing it as “more liberal, more democratic, and more advanced than any other country in the Caribbean.” This claim reflects his belief in the strength of Guyana’s democratic institutions and the protections enshrined in its constitution. He did, however, acknowledge the flaws in the 1980 Constitution, which was criticized for concentrating too much power in the hands of the executive. To address these shortcomings, significant constitutional reforms were undertaken between 1999 and 2001. These reforms included 12 amendments, five of which were temporary measures put in place to facilitate the 1992 national elections. These changes were aimed at strengthening the democratic nature of the constitution, ensuring greater checks on executive power, and improving the overall governance structure.
Minister Nandlall concluded by calling for a well-informed and comprehensive national conversation on how Guyana’s democratic framework can be further enhanced. While acknowledging the progress made, he emphasized the importance of continuing to evolve and adapt the constitutional framework to meet the needs of a modern democratic society. In his view, such a discussion would contribute to a stronger, more resilient democracy that could withstand challenges and safeguard the rights and freedoms of all Guyanese citizens.
By defending Guyana’s constitution and highlighting its democratic strengths, Minister Nandlall sought to reaffirm the country’s commitment to upholding democratic principles. His remarks serve as a counter to criticisms of autocratic behavior, positioning Guyana as a nation firmly grounded in the rule of law and democratic governance.
