IDPADA-G calls on Government to demonstrate “constitutional maturity” and obey Court order

IDPADA-G calls on Government to demonstrate “constitutional maturity” and obey Court order

The International Decade for People of African Descent Assembly Guyana (IDPADA-G) today called on the Government to demonstrate constitutional maturity, and pay over an estimated $32M in outstanding subventions for the year 2022 as ordered by the High Court.

After more than three years, the High Court delivered its judgment in the case – IDPADA-G v. the Attorney General and others – that arose out of a decision by the Irfaan Ali Administration to discontinue IDPADA-G’s subvention in 2022.

While the Court did not order the reinstatement of subventions to IDPADA-G, it ruled that the organization ought to have been given notice and an opportunity to be heard before the decision was taken to terminate the subvention.

On that basis, it ordered the State the pay the remaining installments of the 2022 subvention. The installments total approximately $32M.

At a press conference today, Chairman of IDPADA-G, Vincent Alexander said the ruling marks an important moment, not only for IDPADA-G but for every Guyanese who believes in fairness, accountability, and the rule of law.

He said it also presents an opportunity for the State not to engage in protracted legal contest but to demonstrate constitutional maturity by adhering to the ruling of the Court.

“We respectfully call upon the Government to demonstrate the same constitutional maturity that we have sought to uphold today by implementing the Court’s order promptly and fully. Respect for the rule of law is not measured when judicial decisions are convenient. It is measured by how faithfully institutions implement judicial orders despite disagreement. That is the standard by which mature constitutional democracies are judged. It is the standard to which IDPADA-G remains committed. It is the standard to which we respectfully invite the Government. And it is, the standard that we owe to every Guyanese,” Alexander told reporters.

He said today should not be about prolonging disagreement, but rather about demonstrating a clear respect for the rule of law, which transcends differences of opinion.

“Behind this litigation stand former and current employees, survey enumerators, community organizations, grant recipients, suppliers and service providers. These are people who honoured their commitments in good faith. They are not statistics. They are our fellow Guyanese. They contributed their time, their effort and their talent in pursuit of a national mission that sought to advance recognition, justice, and development for people of African descent in Guyana,” Alexander said.

Mr. Alexander also said like many important constitutional decisions, the judgment raises significant questions concerning governmental commitments, procedural fairness, legitimate expectation, transparency, accountability, and the relationship between the State and civil society. Those questions, he posited, deserve thoughtful national reflection.

Alexander said while the Assembly respects the decision of the Court, it does not agree with every aspect of its ruling.

“We respectfully acknowledge the judgment while recognizing that we maintain principled and substantial disagreements with important aspects of its reasoning. Yet constitutional democracy recognizes that reasonable people may disagreement with judicial reasoning while fully respecting the authority of the Court and the rule of law,” Alexander said.

He said the evidence before the Court established that IDPADA-G was granted subvention status, maintained an official account at the Bank of Guyana, received regular monthly disbursements over the years, and functioned in practice as the implementing organization for Guyana’s observance of the United Nations International Decade for People of African Descent.

Questioned whether IDPADA-G will be appealing the aspects of the decision that it does not agree with, Alexander said IDPADA-G has not made a decision on the issue. The Assembly repeatedly emphasized that it is focused on ensuring that the orders of the court are respected.

He said should the Government refuse to pay the outstanding subventions for 2022 as ordered by the Court, IDPADA-G will have to take appropriate actions as advised by its lawyers.  

IDPADA-G was represented by Attorneys Nigel Hughes and Dr Vivian Williams.

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