THE VOTERS’ LIST AND FREE AND FAIR ELECTIONS


It is generally accepted that Guyana endured a period of rigged elections between 1968 and 1985. The voters’ list was a critical element in the rigging throughout the entire period. The central counting of votes at one place in every region, which were completely sealed off by the military, facilitated the removal of the bottom from the wooden ballot boxes which were secured by nails. The boxes were then filled with a pre-determined number of fake ballots, although there was a limit to the number of such ballots that could be printed, marked with an X and inserted in the ballot boxes.

Thus, a multiplicity of schemes was devised. These included retaining on the voters’ list the names of persons who had died or migrated and padding the electoral list with fictitious names, impersonating and voting for persons who were legitimately on the list, securing proxies for employees from sympathetic or intimidated employers, postal votes and other devices. As these methods were exposed, different methods were rolled out at different elections. But a flawed electoral list was always a constant. That is why the elections due in 1990 was postponed for two years, by agreement with the then Opposition after an intense campaign, in order to conduct a new registration exercise for a new voters’ list.

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DESPAIR!


Many Guyanese are in despair arising out of the political deadlock and the failure of our politicians to resolve it. Many understand that relying only on the judiciary can only result in winners and losers. One round of the perpetual ethno-political competition would be over with the completion of the court proceedings. Whatever the outcome, the next round would come with the elections, whether held this year or next year. In this sense, the decision of the CCJ will solve nothing that is fundamental to the reality of Guyana’s existence and its challenges.

Whatever the CCJ’s decision and whenever the elections are held, Guyana’s problems will remain and would be no nearer to a solution. The economic slowdown will persist, poverty and unemployment will continue to increase, a high crime rate will perhaps get worse, corruption will grow by leaps and bounds and the ethno-political contest, an important driver of most of the above, will be no nearer to a solution.

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THE COURT OF APPEAL CAN SHINE A LEGAL LIGHT ON THE WAY FORWARD


President Granger last Friday said that “the Government is conducting its affairs in accordance with the Constitution and with respect for the rule of law.” He sought to convince the nation that it was the Speaker of the National Assembly who directed the Government’s approach to the court and that the cooperation of the Opposition is necessary for credible elections. He created a constitutional mandate for the Elections Commission in fixing a date for elections. He reiterated that the National Assembly is competent to extend the time for holding elections. The President said that there is no cause for “alarm or anxiety. The Office of the Leader of the Opposition issued a statement contradicting the President’s assertions point by point. The President places the burden for resolving the crisis on everyone but himself and the Government.

Notwithstanding the President’s use of selected articles of the Constitution to justify his untenable views as to the current state of affairs, created by the Government’s failure to fix a date for elections before March 21, the Government becomes illegal on March 22. One of two things ought to have happened by March 21, namely, elections ought to have been held, or the life of the National Assembly extended. Neither occurred, despite the decision of the Chief Justice (ag) that elections have to be held in three months after December 21, the date of passage of the no confidence motion. The Government insists that it has a right to be heard in Court and in doing so, insists that it has a right to violate the Constitution while awaiting the Court’s verdict. President Granger blithely ignores the nation’s right to elections and relies on the invented veto which he has accorded to the Elections Commission.

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DIM POLITICAL FORTUNES AWAIT GUYANA


The meetings last week between the President and the Leader of the Opposition and the President and the Guyana Elections Commission, did not yield a solution to the impending constitutional crisis  that has been dominating the news in recent weeks. Maybe the President and his Attorney General do not believe that a constitutional crisis faces Guyana on March 22. Both have said that according to article 106 of the Constitution, the President holds office until the next President is sworn in. They have purposefully ignored that a no confidence motion was passed in the National Assembly on December 21 and that the new president must be elected in three months, unless that time is extended by a two-third majority.

But this issue has now gone beyond what the constitution says and means. The President’s failure to fix a date for elections is because APNU+AFC intends to remain in office for as long as possible. This is aided by the majority on the Guyana Elections Commission who have voted, and will no doubt continue to support, a new registration exercise. A nation-wide, house-to-house, registration exercise will last into next year. If APNU+AFC’s effort to hold political power succeeds, it will hold elections between May and August next year, when its term of office would have otherwise lawfully ended. Having been caught flat-footed by the no confidence vote, it lost time, which it now seeks to unconstitutionally regain, to put systems in place to win the elections. This clearly is a matter of political life and death and explains the tenacity of its efforts.

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TO MEET OR NOT TO MEET


Guyanese can be excused for being baffled at the latest developments in the current political saga gripping the nation.On February 25 President Granger wrote to the Chairman of the Elections Commission, Justice James Patterson, urging the Commission to commence preparations for the conduct of the general and regional elections. In the letter the President noted that the Commission had said that it did not have the capability to deliver credible elections within three months of December 21 and that additional funds were needed. The President committed the Government to ensure that the Commission is provided with financial resources and has sufficient time to conduct credible elections. The word ‘credible’ is used twice.

Published at the same time was the President’s letter of the same date to Opposition Leader Bharrat Jagdeo. President Granger expressed the wish to consult with Mr. Jagdeo on the constitutional role of the National Assembly in the present situation and the Commission’s readiness and requirement for funding to conduct the elections. The letter ended with the President informing Mr. Jagdeo that he had written to the Chairman of the Commission urging him to initiate arrangements for the conduct of the elections.

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