As Guyana’s political season enters its beginning stages, a plethora of new political parties are coming forward to present their programmes to the electorate, seeking its support. While new parties emerging near to election time is not a new phenomenon, the numbers of new entrants to the political scene so far are unprecedented. Yesterday’s news suggest that another party, in addition to the Liberty and Justice Party (LJP), A New and United Guyana (ANUG) and The Citizens Initiative (TCI), and led by two prominent personalities, Messrs. Robert Badall and Nigel Hinds, is likely to be announced later this week. There is at least one other group organizing and preparing to launch a political party.
The immediate factor which may be responsible for the number of new political parties coming on stream at this time is probably the collapse of the Alliance For Change (AFC) which declined from 10 percent support in the 2011 general elections to 4 percent in the local government elections in 2018, and may have lost some more support since then. These new political parties could not have failed to observe that there is a pool of at least 6 percent of the electorate who may be looking for a political home. It is possible that the potential of attracting this support has been partially responsible for the number of new political parties being introduced to the electorate. It would not have been lost on these new parties that political support of the core Guyanese electorate has long been concretized by ethnic cleavages. Some are relying on the substantial youth vote on the basis that the youth are less motivated by ethnic considerations and more by matters of principle and policy.
The Guyana Government’s lawful tenure in office came to an end on September 18. The no confidence motion was passed pursuant to article 106 of the Constitution on December 21 and should have resulted in elections by March 21. However, court proceedings placed a ‘pause’ on events and time began to run again on June 18 when the CCJ ruled against the Government. The CCJ gave the clear indication, but did not rule, that elections are due by September 18. Nothing prevented the CCJ from formally ruling, which the lawyers representing the appellants, who had brought the case against the Government, had sought. The result is that the Government has quite duplicitously argued that the CCJ did not rule, the Constitution has not been violated and the Government has de jure and de facto power. From whence this lawful power has been derived has not been explained in any sensible or rational way.
I am deeply conscious of, and have written extensively on, the ethno-political fears that influence Guyana’s politics. I have, and so have many others, repeatedly urged our main political parties to discuss the proposals which they themselves have placed on the political agenda and come to an agreement on how political responsibility can be shared between them equally so that neither can feel at risk of being dominated by the other. The reason the APNU+AFC’s promises of constitutional reform failed to materialize is that it realized that its own proposals would put it in an inferior power position to the PPP. In order to arrive at a political solution, the parties have to accept equality of representation. And it is the PPP that would have to make that concession or sacrifice because of its superior numbers. APNU+AFC has the historical injustice of slavery as an argument to counter that of superior numbers.
Article 50 of the Lisbon Treaty binds the European Union (EU).
It provides that any member state may withdraw from the EU. Upon notification, the EU shall negotiate and conclude an agreement with the State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the EU. The Treaty shall not apply to the State in question from the date of the withdrawal agreement or, failing that, two years after the notification, unless the European Council unanimously decides to extend the period.
Against the background of these provisions, the British Government called a referendum on continued membership of the European Union (EU) in June, 2016. 51.9 percent voted to leave the EU. After article 50 was triggered, withdrawal was due to take place on 29 March, 2019. Withdrawal was delayed to 31 October, 2019 after two extensions. With her proposed agreements to leave the EU rejected three times by the House of Commons, Theresa May resigned as Leader of the Conservative Party and, after Boris Johnson won the position, she resigned as Prime Minister and Boris Johnson was appointed.
When Justice Claudette Singh was sworn in, she reminded us that when she was on the bench she was dubbed “The Iron Lady.” The newly appointed Chair of Gecom obviously intended to convey to the public that she was a decisive person, who tolerated neither nonsense nor delaying tactics. It was a clear indication that she intended to sweep away the cobwebs of obfuscation, chop a path through the forest of gridlock using “the law and nothing else”- her words. Now is the time. Gecom, over which Justice Singh has a decisive, one vote authority, must not be allowed to dance to the tune of delay, which everything that has happened since December 21 is about. There is probably no democratic country in the world in which a no confidence vote was passed against the Government that has failed to hold elections after eight months. And our argument in Guyana is on the list of electors.
In countries with a Westminster constitution as a significant characteristic, as in Guyana, where the executive sits in the Parliament, there is a long-standing convention that when a no confidence motion is passed against the Government, elections are promptly held. In 2001 the Parliament accepted the recommendation of the Constitution Reform Commission to include article 106 in the Constitution to provide for elections in three months if a no confidence motion is passed. The Parliament must have taken into consideration that if there is no constitutional provision and a no confidence motion is passed, the Government might ignore it. The Parliament also provided for the resignation of the Cabinet. The obvious reason was to institutionalise the caretaker status of the Government by confining the Government to largely administrative functions until the elections are held. In the absence of the Cabinet no major decisions could be taken.
Apart from recognizing its ‘interim’ status, the Government acknowledges no other consequence of the no confidence motion passed in the National Assembly on December 21, after it members challenged the Opposition PPP to ‘bring it on.’ Attorney General Basil Williams said at a symposium at the Marriot Hotel sponsored by AmCham during last week said that Guyana is not geared for a no confidence motion. He also repeated at that event what he has said, in and out of court, that the Caribbean Court of Justice has not fixed a date for elections, implying that such a date is at large and will be fixed when house to house registration is complete. The Attorney General plucked out of the context of Article 106 that the Government shall resign after the President takes the oath of office following the election and appeared to indicate that this applies to whenever “the election” is held. In fact, “the election” refers to “an election within three months” which shall be held after the Government’s defeat on a no confidence motion.
To this melee of confusion, the President says that he doesn’t fix a date for, and has nothing to do with, elections; that it is Gecom’s responsibility to fix the date and to manage the elections. But the President then summoned the constitutionally independent body to his office for discussions in the absence of the Leader of the Opposition and then, after the meeting with Gecom on August 15, makes a statement reeking of intimidation: “We will accept any formula or any rule or any decision which satisfies the requirement of a credible election.” The President, the Attorney General and other Government spokespersons have said repeatedly that only a house to house registration will produce a credible list of voters. So what will the President do if in his view the decision of Gecom does not satisfy the requirement of a credible election, that is to say, does not uphold its decision to continue and complete the house to house registration to create a new voters’ list?