three members appointed by the President in his own deliberate judgment and
three members appointed by the President acting in accordance with the advice
of the Minority Leader. The 1991 amendment, however, had a three-month
sunset clause.19
[40]
In 1995, the Constitutional (Amendment) Act 199520 (“the 1995 amendment”)
was enacted and the formula for the appointment of the Chairman of the
Elections Commission from a list of six persons, not unacceptable to the
President, submitted by the Minority Leader, was introduced, albeit with a
similar sunset clause. By the 1995 amendment, the Minority Leader was
mandated to consult with the political parties represented in the National
Assembly, other than the party to which the President belonged. In the year
2000, the Constitution (Amendment) Act 200021 (“the 2000 amendment”) was
enacted and the amendments to Article 161 were finally incorporated into the
Constitution without a sunset clause.
[41]
In 1997, general elections were held. Following those elections, there was
political unrest and violence leading to the intervention of the Caribbean
Community (“CARICOM”) and resulting in the signing of the Herdmanston
Accord (“the Accord”) by the leaders of the two major political parties. The
Accord provided for the establishment of the Constitution Reform Commission
referred to earlier. It was agreed that among the matters to be addressed by the
Constitutional Reform Commission would be measures and arrangements for
the improvement of race relations in Guyana, including the contribution which
equal opportunities legislation and concepts drawn from the CARICOM Charter
of Civil Society would contribute to the cause of justice, equity and progress in
Guyana.22
19
Ending on the expiry of three months from the date of the election held, pursuant to the provisions of article 61 of the
Constitution.
20
Act No 15 of 1995.
21
Act No. 2 of 2000.
22
See: rubric “Constitutional Reform” at 4. (iii) of the Herdmanston Accord.