While attempting to defend the government’s refusal to consult with the public or Opposition on the formulation of the new Natural Resources Fund (NFR) Act, installed Attorney General Anil Nandlall said “Article 13 (of the Constitution) is not an enforceable right”. He further stated that “there is no legal obligation on a government to consult”. Confusingly, he further stated that “consultation is a prerequisite to democracy”.
The APNU+AFC Coalition has challenged the legality of the NRF Act in court, highlighting Article 13 of Guyana’s constitution as a primary argument. Article 13 states “The principal objective of the political system of the state is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organizations in the management and decision-making processes of the State, with particular emphasis on those areas of decision-making that directly affect their well-being.”
Nandlall’s argument appears to be based on his position that the PPP’s majority in parliament shields them from the constitutional mandate to facilitate inclusionary democracy through consultation. “I don’t know that any government has to consult any group” he argued.
The irony of stating that consultation is a prerequisite to democracy while standing firm in his assertion that the PPP had no obligation to consult with anyone seemed lost on the Attorney General as he made his strange argument.
More, In The Ring.
