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.

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