Ministry of Legal Affairs

AG holds talks with representatives of EU observer mission -The Chronicle Newspaper - 6th February, 2020

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Published: 06 February 2020

CHIEF Observer of the EU Election Observation Mission, Urmas Paet, and other members of the Mission, on Wednesday, held what was deemed as a satisfactory meeting with the Attorney General (AG), Basil Williams, at his Carmichael Street Office.

The meeting was held for the Mission to consult with the AG on the legal framework governing the elections and lead up to the elections, as well as to discuss court matters pertaining to the elections.

Accompanying Paet were Deputy Chief Observer, Alexander Matus, and Legal Analyst of the Mission, Dorota Ryza. “The meeting was a good one, satisfactory,” Matus said on exiting the over one-hour forum.

More on the meeting is expected to be expounded upon on Thursday when Paet is expected to officially launch the observation mission at a press conference at the Marriott Hotel. It was on Tuesday that the Mission deployed a team of 14 European Union (EU) observers for long-term observation of Guyana’s General and Regional Elections, which is set for March 2. The observers will be stationed at respective bases across Guyana for coverage of all 10 administrative regions.

The long-term observers will be deployed for six weeks across the country, while the short-term observers will be deployed shortly before, during and after Elections Day. “All 14 long-term observers are very experienced. They come from 13 different EU Member States and Norway. In the last three days, they received extensive training about the electoral, political, legal, media, security and logistics aspects of their work in the field,” Matus had said on Tuesday.

From the Mission, a core team of nine analysts will be based in Georgetown along with 20 short-term observers and possible diplomats accredited to the diplomatic missions of Guyana. Matus said that Guyanese can expect these officials to be the “eyes and ears” of the mission who will report periodically to the core team in Georgetown to help the EU observer team to make informed decisions about the electoral process. The observer mission will also be having meetings with the Guyana Elections Commission (GECOM) and other elections stakeholders such as political parties, civil society organisations and religious authorities. While the mission will not be reporting to GECOM, it will be making its step-by-step findings available to the public.

Gov’t opens new round of anti-money laundering risk assessment -The Chronicle Newspaper - 6th February, 2020

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Published: 06 February 2020

…AG says growing economy a breeding ground for criminals

By Navendra Seoraj
GUYANA’S emerging oil and gas sector will spur “significant growth” in the local economy, but while this development is positive for the country, the Attorney General (AG), Basil Williams, believes that the authorities have to be watchful since a growing economy is a breeding ground for criminals.

As Guyana undergoes its second Money Laundering and Terrorism Financing (ML/TF) National Risk Assessment (NRA), the AG said the country must be cognisant of the additional risks and vulnerabilities. This second round of NRA being conducted for a period of 10 months – from December, 2019 to September, 2020, is in keeping with the World Bank’s recommended three-phase process. The assessment will allow the country to identify emerging money laundering and terrorist financing threats and vulnerabilities.
“Embarking on a second NRA is timely for Guyana as we are now an oil-producing nation. This new sector will change our financial landscape and in fact the landscape is already being changed. For instance, there has been an increase in business and investment and our economy is continually growing.

Attorney General Basil Williams, SC speaks with World Banks representative, Mr. Klaudijo Stroligo, at the opening of the three-day workshop

“While this development is a positive for Guyana, we must remain vigilant as a growing economy brings with it additional risks as it is a breeding ground for criminals. As an oil producing nation, Guyana will experience great transformational benefits.

“Therefore, it behooves us, in keeping with our international obligations, to protect the country from exploitation by criminal elements, to assess what exactly our risks are in relation to the oil and gas industry,” said AG Williams during his remarks at a World Bank-sponsored workshop on the NRA, at the Marriott Hotel, on Wednesday.

Overall, this second NRA exercise is relevant as Guyana is preparing for its Fourth Round Mutual Evaluation by the Caribbean Financial Action Task Force (CFATF), which is scheduled for the first quarter of 2023. In 2023 Guyana will have to demonstrate, in addition to having the laws and institutions in place, that the country is also effective in mitigating ML/TF/PF risks.

Accordingly, this exercise will enable the relevant authorities to assess the implementation measures taken by key stakeholders to address deficiencies identified by the first NRA and allow the country to commence addressing any new vulnerabilities and threats ahead of its scheduled mutual evaluation.

NEW AREAS
“In an effort to ensure that we are addressing our risks, threats and vulnerability in a comprehensive manner, this new NRA will explore some new areas that were not previously assessed in the first NRA.

“These are the ML/TF risk associated with proliferation financing, illegal wildlife trade, virtual assets and the oil and gas sector. By addressing these new areas, Guyana will be taking a proactive approach in protecting her frontiers from criminal elements,” said AG Williams.

Looking to the future, the AG advised persons that they must not underestimate the level of environmental crime and the harmful effects, which criminal activity in this area can cause to the country.

He said the natural resources, unique fauna and flora, may be subject to irreparable harm and exploitation. And, in that regard, the NRA is expected take into account the level of threats towards the wildlife trade and the use of the proceeds of this trade, whether as profit, or to further finance other criminal intentions, including but not limited to corruption by public officials.

Addressing the risks and implementing appropriate measures in this area will ensure that environmental rule of law prevails.

Further to this, he said: “we also have to face the reality that virtual assets will play a big role in the future. It has been shown that the use of virtual currency has facilitated money laundering through exploitation and trafficking of the worst kind, including human and organ trafficking, due to the difficulty in tracing some virtual currencies back to their original source.”

Additionally, understanding proliferation financing risks will improve Guyana’s awareness of this illicit activity and strengthen the country’s ability to respond.

“We cannot afford to be caught sleeping where the creation or transportation of weapons of mass destruction by states and non-state actors are concerned,” Williams advised.

A section of the participants and invitees at the opening ceremony of the workshop

Government’s efforts to improve resilience against money laundering and terrorism financing started when the first NRA was conducted in 2017.
The institutional systems in place during the years 2012-2016 were assessed during the first NRA.

The results of the first NRA showed that Guyana had a lot of work to do, especially having been referred to the CFATF/ICRG process in 2011.

According to AG Williams, the results of the first NRA, in summary, showed that the overall money laundering risk for Guyana was rated as high.

“Regarding the terrorist financing risk, the threat level was rated as medium as there is legislative framework in place to identify, report and investigate terrorist financing,” said the AG, adding that the national vulnerability to money laundering was rated “medium-high”.

The assessment also established that the attorneys-at-law, accountants, trust company service providers, house/great estate agents, used car/spare parts dealers, and friendly societies/registered charities have very high money laundering vulnerability ratings.
AG William’s said illicit drug trafficking, gold smuggling, corruption and organised crime were rampant in Guyana.

However, since coming into office, the coalition government has taken a stand against corruption and President David Granger gave a high level commitment to the Financial Action Task Force (FATF), to ensure that Guyana complies with its obligations.
The AG said Guyana has made significant progress in addressing the strategic AML/CFT deficiencies that were identified by the FATF.

As a result, government was able to come off the infamous FATF list of non-compliant countries and successfully exit the third round of mutual evaluations.
Accordingly, several amendments were made to the Anti-Money Laundering and Countering the Financing of Terrorism Act and other Acts.

Additionally, the Anti-Terrorism and Other Related Activities Act, State Assets Recovery Act, Witness Protection Act, Protected Disclosures (Whistleblower) Act, and the Integrity Commission (Amendment) Act, were passed.

“Our institutional frameworks were also enhanced through the establishment of the State Assets Recovery Agency and existing institutions were strengthened,” said Williams.
Government had also constituted the National Coordination Committee for money laundering, terrorist financing and proliferation financing, which conducted outreach through the length and breadth of Guyana.

The working group comprises representatives from both the public and private sectors. There are persons from a large cross section of agencies, including the Attorney General’s Chambers, the State Assets Recovery Agency, the Customs Anti-Narcotics Unit, the Financial Intelligence Unit; the Guyana Revenue Authority; the Guyana Geology and Mines Commission, the Bank of Guyana and the Department of Cooperatives.

There are also persons from the banks and financial inclusion entities as well as the trust and insurance sectors. Owing to the importance and intensity of the group’s work, the Attorney General’s Chambers and the Ministry of Legal Affairs will be seeking to provide a small stipend to the persons participating in the Working Group.

Further, government has constantly been training persons and building capacity which has enabled the relevant and supervisory authorities to efficiently execute their mandate.
Additionally, Guyana can now boast of having several trained CFTAF Assessors who are now equipped with the requisite knowledge to competently advise their organisations on the necessary measures to implement, to successfully combat ML/TF/PF.

There has also been financial investigation and countering the financing of terrorism training, through the assistance of donor partners such as the European Union and the World Bank, as well as the CFATF.

The success of government’s efforts was recently recognised when Transparency International, in its 2019 report, noted that Guyana had significantly improved in its Corruption Perception Index, reaching its highest score in history.

This, Williams said, is a significant achievement as it demonstrates this government’s commitment and success at fighting corruption.

Despite the successes, the AG encouraged persons to be cognisant that society is changing rapidly.

“We must be cognisant that our society is continually changing and evolving and for this reason a second NRA is critical,” said Williams.

A comprehensive NRA allows government to lay the foundation for implementing mitigating measures based on a risk-based approach. However, risks are not static as the complexity and scope of financial crimes evolve almost daily as a result of new technologies, products and the emergence of new sectors.

“Government, in this regard, is heavily committed to protecting its citizens, and will take necessary actions to ensure that Guyana remains a safe and stable society,” said Williams, noting that work on the NRA will ensure the continued integrity of the local financial system.

CASE CLOSED - The Chronicle Newspaper - 16th January, 2020

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Published: 16 January 2020

…Oral arguments close in challenge to non-residents voting in Guyana
…Ramkarran wants court to freeze case until after elections
…AG says no evidence provided that residency is not a requirement for electors

By Svetlana Marshall
TWO days after pleading with the Appeal Court to decline jurisdiction in a case challenging the High Court’s decision to block the removal of persons from the National Register of Registrant (NRR) Database, Senior Counsel Ralph Ramkarran, on Wednesday, asked the court to freeze the case until after the March 2 General and Regional Elections.
Wednesday marked the end of oral arguments in the partial appeal brought by the Attorney General and Minister of Legal Affairs, Basil Williams, against Chartered Accountant, Christopher Ram; the Guyana Elections Commission (GECOM); and the Chief Elections Officer (CEO), Keith Lowenfield.

Before Ramkarran backpedalled on his earlier position, the Attorney General told the panel of three judges, led by Chancellor of the Judiciary, Yonette Cummings-Edwards, that, from the onset, Ram and his attorney (Ramkarran) provided no rebuttal evidence as it related to the Constitutional Amendment Act of 1991.

On Monday, the Attorney General had argued that, with the abolition of overseas voting in 1991, the residency requirement for voting was restored in the Constitution with the exception for diplomats, their families and staff – a position he maintained on Wednesday.
“We respectfully contend that there is a clear and unambiguous concession on the part of Mr. Ramkarran, Senior Counsel, that, for the purposes of registration as an elector, residency is a requirement under the National Registration Act and his submission comports with the position of that outlined by the Report of the Constitutional Reform Commission for which he was the Chairperson,” Minister Williams told the Appellate Court.

Senior Counsel Ralph Ramkarran

Putting the case into context in light of Ramkarran’s initial submission that the Court should decline jurisdiction on the basis that it was an ‘elections matter,’ the Attorney General explained that it was Ram, who, in a Fixed Date Application (FDA) on July 22, 2019, challenged the House-to-House Registration process. That matter concluded on August 14, 2019 with the High Court refusing all the orders but the inclusion of an order “that the removal of the names of persons on the list of registrants and who were not, or have not been, or are not registered in the current house-to-house registration exercise would be unconstitutional.”

The Attorney General, in rejecting the contention that it was an elections matter, alluded to the fact that the Notice of Appeal was filed in September, 2019, approximately three months before President David Granger issued an Election Proclamation.

“This matter is not an elections matter in any shape or form, but it is strictly speaking a constitutional issue as to whether Residency is a fundamental prerequisite for voting in Guyana,” he told the appellate judges while referencing to the case of Zulfikar Mustapha v. The Attorney General Civil Appeal (2018), in which, the Appellate Court rejected a similar argument that was advanced in that case. The Appellate Court’s position in that matter was endorsed by the Caribbean Court of Justice (CCJ).

“The argument of election matters ought to be rejected because this is a constitutional issue that goes to the heart of our democratic system which is the requirement for Residency for purposes of qualification to be an elector,” Minister Williams maintained. He said the court must continue to be the guardian of the Constitution, and no one should disobey it with any level of impunity.

Minister Williams, in his rebuttal, also rejected the notion, that should the Appellate Court rule on the matter there could be far reaching consequences. “We respectfully contend that the only far-reaching consequence for the purposes of this appeal is that the legislature has prescribed Residency by a constitutional amendment and any disregard to it would have far-reaching consequences for our democratic system of justice because GECOM the constitutional body would be confronted with a logistical nightmare of persons voting who were not properly qualified to be electors,” he argued. He iterated that the court cannot abdicate its responsibility on having the final say in what the Constitution says or what parliament intended.

Ramkarran, in his rebuttal, turned the court’s attention to Article 163 (1)(b)(i) of the Constitution. It states that “(1) Subject to the provisions of this article, the High Court shall have exclusive jurisdiction to determine any qualification – (b) whether (i) either generally or in any particular place, an election has been lawfully conducted or the result thereof has been, or may have been, affected by any unlawful act or omission.”

For him, the operative words are “unlawful act or omission.” He said the case currently before the Appellate Court is similar to that of the Esther Pereira case and should have been brought by way of an Elections Petition. “In this case, the argument is that the retention of names of non-residents on the electoral roll is a violation of the Constitution, same principle basically. One is a law passed by the National Assembly was a violation of the Constitution; that was an elections petition, and in this case, the argument is, the retention of names of non-residents on electoral roll is a violation of the Constitution,” Ramkarran reasoned.

He argued that the case became an ‘elections matter’ with the issue of the proclamation by President Granger. “Once the elections train leaves the station, every issue, has to be determined by way of an elections petition,” Ramkarran told the appellate judges.
Interjecting, the Chancellor, queried whether matters are deemed elections in nature before or after a proclamation has been issued. Though not offering a direct response, Ramkarran admitted that the case was filed and ruled upon long before the proclamation was issued.
“Your honours, if you proceed and give a decision in this matter, your honours will be giving a decision in an elections issue which ought properly to have been litigated by an elections petition after the elections,” he stated.

But when further pressed by the Chancellor for more answers, Ramkarran backpedalled on his earlier position, which was, that the court should decline to rule on the matter, and instead offered what he considered to be “an innovative argument.”

“Would your honor consider putting the matter down until the elections are over and treating the case as an elections petition…Postpone the decision instead of declining jurisdiction, postpone the decision until after elections, and then treat the matter as an elections petition,” he asked the Court. But Ramkarran was reminded that the Appellate Court would require leave, even if his suggestion was applicable.

The Attorney General, in responding to Ramkarran, maintained that the Appellate Court has jurisdiction to rule on the matter. GECOM’s Attorney, Senior Counsel Stanley Marcus; and President of the Guyana Bar Association, Teni Housty, who appeared Amicus Curiae, also made closing arguments on Wednesday. The appellate Justices – Chancellor Yonette Cummings-Edwards; Justice Dawn Gregory and Justice Rishi Persaud, indicated that they will consider all arguments and will send notices shortly.

Guyana hailed for protection of children - The Chronicle Newspaper - 16th January, 2020

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Published: 16 January 2020

…working to create multi-year action plan for implementation of the HCCH Conventions
…expansion of CPA Adoption Unit, Child Abduction Bill in the pipeline

By Svetlana Marshall

EVEN as it works to develop a multi-year action plan for full implementation of The Hague Conference on Private International Law (HCCH) Conventions, Guyana has been recognised for leading the Americas in the protection of children.

At the opening of the a stock-taking meeting on the HCCH Conventions at the Marriot Hotel on Wednesday, HCCH and the United Nations Children’s Emergency Fund (UNICEF), highlighted the fact that Guyana is the first State of the Americas to be party to all HCCH Children’s Conventions.

Guyana has acceded to the Child Protection, Child Abduction, Intercountry Adoption Convention, and the Child Support Conventions. The Child Support Convention will come into force in March 2020.

HCCH Representative, Ignacio Goicoechea

HCCH Representative, Ignacio Goicoechea, said implementation of the HCCH Child Protection Conventions and the Convention on the Rights of the Children is no easy task, but Guyana has made remarkable progress since 2016.

“Guyana is, somehow, leading by example in this continent as the first country to sign all four conventions,” Goicoechea said. He said the HCCH family is eagerly working with Guyana to ensure implementation of the child protection conventions in a systematic manner.

UNICEF Representative for Guyana and Suriname, Sylvie Fouet, also took stock of the progress made by Guyana, even as she renewed UNICEF’s commitment to work with the HCCH, the Legal Affairs Ministry and all other stakeholders to advance Child Rights in the country.

“Guyana is the first State in the Americas to be party to all HCCH Children’s Conventions – namely Adoption, Abduction, Child Protection and Child Support,” the UNICEF Representative iterated while noting that the journey started four years ago (July 2016) when 118 participants from 25 territories met in Georgetown to discuss the work of the HCCH and the relevance of some core conventions and instruments to Guyana and the wider Caribbean region.

“Since then, Guyana has taken several quantum leaps to ensure that the agenda for children remains a priority. To name a few – the Alternative Care Policy (adopted), the revision of the Adoption Law and thirdly the revision of the Kidnapping Act 2011,” Fouet told the country’s legal luminaries, child rights activists, diplomats and other key stakeholders.

A section of the attendees Photos by Adrian Narine

The achievements made to date, Fouet said, would not have been possible without the unwavering support and commitment of the Attorney General and Minister of Legal Affairs, Basil Williams; his chambers and the HCCH family. She was also keen on singling out the Foreign Affairs Ministry, the Social Protection Ministry, the Child Care and Protection Agency, the police, the Judiciary and the Department of Public Prosecutions.

As the Convention on the Rights of the Child (CRC) celebrates 30 years of existence, the UNICEF Representative said it is important to note the challenges made by Guyana in changing the environment. “At a time of speaking of an oil economy and of migration flows, these are two examples which may propel the use of these conventions. There is a need for local action to ensure that the best interest of children comes first,” she said.

For every child’s protection and happiness, Fouet said UNICEF stands committed to ensuring that a plan of action is operationalised for each of the conventions.

In his address, the Attorney General said the stock-taking meeting was designed to help Guyana chart its next steps with respect to the implementation of the Hague Family Conventions through the passage of domestic legislation. He noted too that major emphasis is being placed on capacity building within institutions to allow for effective implementation of laws once passed by the National Assembly.

“The implementation of the Hague Family Conventions will buttress the existing local legislation to secure the protection of our children and provide for their best interests,” he explained.

With Guyana gaining increasing attention globally in light of its ongoing oil explorations and discoveries, the Attorney General said it is critical to have legislation and regulations in place to safeguard the rights of children.

“The increasing oil exploration in Guyana has contributed to increased migration patterns and consequently the change in family dynamics. Therefore, recognising that the legal landscape has changed, Guyana has chosen to embrace the protection that the Hague Conventions on Family Law brings, especially to children. As our Constitution recognises, the best interest of the child must always be paramount and when confronted with this changing world, the Hague Conventions allow Guyana to ensure that the child’s interest remains paramount,” Minister Williams explained.

The 1980 Child Abduction Convention, 1993 Inter-Country Adoption Convention, 1996 Child Protection Convention and 2007 Child Support Convention – are all useful Conventions that support the strengthening of a country’s capacity to manage and preside over child protection issues both locally and internationally, he said.

He disclosed that the implementation of the Hague Adoption Convention into domestic legislation will necessitate a review, improvement and expansion of the existing Adoption Unit of the Childcare and Protection Agency and the operations of the Adoption Board.
“It will also enhance the procedural arrangements involved in the adoption process and provide more opportunities for capacity development in the department. The co-operation provisions of the Convention provide the basic framework for the exchange of information and for the necessary degree of collaboration between administrative authorities in the Contracting States. Already, we have an Adoption (Amendment) Bill, which seeks to give this Convention the force of law in Guyana and a working draft of Hague Adoption Regulations outlining the procedural aspects of the Convention,” the Attorney General detailed.

According to the Attorney General, the Drafting Division has also commenced work on a bill to give effect to the 1980 Child Abduction Convention. The convention addresses the issue of the removal of a child out of the jurisdiction by one parent without the consent of the other parent and, therefore, provides for the expeditious return of the child. In other words, the convention provides recourse for the aggrieved parent to approach the courts for relief.

He explained that the other family conventions – the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children – seek to establish a modern, efficient and accessible international system for the cross-border recovery of child support and other forms of family maintenance.

“Ladies and gentlemen, the well-being of our children is a key concern of this government and we commit ourselves to do all we can to protect our children. In doing so, we are protecting our future,” he told those present.

Outside of the Hague Family Conventions, Minister Williams alluded to the fact that Guyana has also acceded to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, simply known as the Apostille Convention.

“Our accession to this convention signals Guyana’s commitment to ensuring that we foster an environment that contributes to the ease of doing business. This is much needed since we are about to enter a season of significant economic growth,” Minister Williams explained.

Added to that, the Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, and Chief Justice, Roxane George-Wiltshire, are now part of The International Hague Network of Judges.

Chief Parliamentary Counsel, Charles Fung-a-Fatt, SC, CCH; Director of Public Prosecutions, Shalimar Ali-Hack, SC; Commissioner of Police, Leslie James, DSS, DSM; Deputy High Commissioner of the British High Commission, Ray Davidson; and President of the Guyana Bar Association, Teni Housty, were among the officials present in addition to the Chancellor and Chief Justice.

AG Chambers cheers children of Ptolemy Reid Rehabilitation Centre - The Chronicle Newspaper - 15th December, 2019

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Published: 23 December 2019

Staff members of the Attorney General’s Chambers entertaining the children with Christmas carols (Adrian Narine photo)

THE Ministry of Legal Affairs and Attorney General’s Chambers put smiles on the faces of children at the National Rehabilitation Complex (formerly the Ptolemy Reid Rehabilitation Centre) through a Christmas cheer visit on Friday, when numerous gifts were distributed.

Attorney-General Basil Williams distributing toys to one of the children of the Ptolemy Reid Rehabilitation Centre ( Adrian Narine photo)

Attorney-General Basil Williams led the team during the event. “This is the celebration of Jesus Christ and it’s a Christian celebration; but not withstanding that it’s Christian in nature and orientation, all Guyanese, regardless of religion, race, colour or creed, celebrate Christmas as we know it in Guyana,” Minister Williams said in remarks.

He added that the season is really one for children and one to remember and celebrate the birth of Jesus Christ.

The children of the Ptolemy Reid Rehabilitation Centre during the Christmas celebration ( Adrian Narine photo)

“At this time things look very bright for you, the children of Ptolemy Reid, because you have oil and we will ensure that the new-found wealth that is generated from the oil will be spent toward the centre. Our aim is that the centre would be a centre that caters to all types of physiotherapy, and we will ensure that when we get the funds to do it, there will be a brand new facility so that in an effort to ensure that our children could be rehabilitated, we know the technology and the experts that do it are very expensive, but we will encourage the minister to budget for several children a year to have the opportunity to get their specific procedures done, so that you would be able to have the chance to run and play and have access to every opportunity that life has to offer,” said Williams.

The event was the third celebration hosted by the ministry, which believes that such efforts help to focus on the true meaning of Christmas. At the event, the children were entertained by songs, poems, gifts from the AG’s Chambers staff and each child received a meal.