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