RULE OF LAW IN GUYANA: MORE LIKE A GUIDELINE

C O N F I D E N T I A L GEORGETOWN 000454 SIPDIS WHA/CAR E.O. 12958: DECL: 09/11/2019 TAGS: PREL GY SUBJECT: RULE OF LAW IN GUYANA: MORE LIKE A GUIDELINE REF: A. A) GEORGETOWN 450 ¶B. B) GEORGETOWN 418 Classified By: Charge d'Affaires Karen L. Williams for reasons 1.4(b) a nd (d) ¶1. (C) SUMMARY: Recent actions by the Government of Guyana, illustrated by the case of detained missionaries (REFTEL A) and the pursuit of suspects in the Ministry of Health fire (REFTEL B),paint a picture of a state where opposition is marginalized and rule of law is selectively applied. Diplomatic and local observers comment that the rhetoric and tightening of political power is at its highest since the 2006 presidential and parliamentary elections. END SUMMARY. ¶2. (C) The recent case of U.S. missionaries detained in preparation for immediate deportation despite court orders to the contrary, brought to stark light the flimsiness of rule of law in Guyana. Both Minister of Home Affairs Clement Rohee and Commissioner of Police Henry Greene (who are known associates and accomplices of drug traffickers and human smugglers) ignored court orders to release the missionaries while their deportation case was pending before the court. President Bharrat Jagdeo had the missionaries released not as the court ordered it, but only as a 30-day extension of their deportation. Jagdeo and key advisors, such as Roger Persaud, have publicly defended the detention and deportation orders, and only gave apologies for the manner in which the missionaries were "rounded up." ¶3. (C) The pursuit, harrassment, and alleged beating of suspects in the Ministry of Health fire further illustrate the selective application of laws -- there has been no investigation of the allegations of abuse by police or defense forces. Likewise, although a great deal of information has emerged alleging government involvement with confessed narco-trafficker Roger Khan (REF B) and his "death squad", the government refuses to open its own investigation, stating instead that it is waiting for the U.S. to provide its evidence in the case, even though nearly all of the sources for information are here in Guyana. ¶4. (C) Two prominent journalists, who, while critics of the government, are not active opposition members, spoke with the Charge and PolOff at length this week about the limited rule of law and respect for democratic and transparent systems. They detailed the sidelining of non-Indo-Guyanese higher ranking police officials, the shifting of judiciary to the benefit of the ruling People's Progressive Party (PPP) and thought that the case of the missionaries was perhaps an attempt to expel a group that had been cooperating and working well with the opposition in some humanitarian endeavors. The two journalists went into detail on Minister Rohee and Commissioner Greene's criminal ties as well as those of the chairman of the Private Sector Commission, Gerry Gouveia. (NOTE: All three men have either had their U.S. visas revoked or would not be eligible because of these ties.) The bottom line from the journalists -- the government has consolidated its power to the point that internal opposition is effectively hamstrung. The government allows them to be vocal but has cut off all democratic avenues for recourse. ¶5. (C) The journalists' observations are echoed by long-time observers in the diplomatic and donor community who have seen democracy and governance programs (aside from automation and some trainings) stagnate or meet with blunt disapproval. An upcoming Canadian program for media was bluntly rejected by the government and a planned joint U.S./GoG symposium with the civil sector on national security strategy never got out of the starting blocks as the Chief of Staff of the President stalled its planning until the point was moot. ¶6. COMMENT: The consensus among international donor community observers is that democracy and rule of law is at its lowest ebb since the 2006 elections. The 2011 elections, although nearly two years away, already seem to loom large on the horizon. Serious policy reform projects, such as in the security sector, have fallen to the way side. Token gestures of cooperation on democracy and governance reform are made -- such as eagerness to sign an agreement on some programs with USAID -- but are used as a way to push for a major public signing ceremony for the agreement -- well out of proportion with the agreement itself. President Jagdeo, while saying that he is just allowing his Ministers to do their jobs, is personally involved in every detail of government. His attitude toward the donor community has been in stark contrast to many of the officials he directs -- he has been jovial, upbeat and visible at even some of the more minor donor community events. The overall picture is of a government tightening its control and misusing the rule of law, while saying the "right" words and smiling nicely for the cameras. END COMMENT. Williams