June 10, 2017
The Guyana Human Rights Asociation today called for the creation of a modern elections commission amid the ongoing impasse in selecting a new chairman.
A statement from the GHRA follows:
An impending visit to Guyana by a major delegation from the Trinidad Energy Chamberprompted an article in the Trinidad Guardian (Friday June 9 2017) captioned “Guyana: trouble again?”. The articlefocused on Guyana’s turbulent electoral history culminating in the following manner;“Oil revenues should start to flow from 2020. And 2020 is also election year. Stakes are high”.Linking investor interest in oil and gas to Guyana’s threadbare electoral systemcaptures what is at stake in Monday’s meeting between the leadersof Guyana’s two major political formations aimed at resolving the impasse over nomination of the Chairperson for GECOM.
If the exchanges leading up to that meeting are a guide, the onus will be on one side haggling about the phrase ‘fit and proper person’, and fitness to be a judge and on the other issuing veiled threats about ‘consequences’. This is not what the vast majority of Guyanese need nor want. They want national leadership aimed at creating a modern, independent, de-politicized Elections Commission, not tribal leadership aimed at prolonging elections as an ethnic census.
The Carter-Price formula has been debased into a tool for prolonging a tribal census and is out-dated. It should eventually be replaced by a modern professional hiring and selection process completely out of the hands of the political parties. Nothing less can guarantee either Guyanese their right to genuine democracy or investors the assurances they need. The Carter-Price formula, however still allows, huge improvement in the Elections Commission if the political will is available to so interpret that formula.
The formalities of the Leader of the Opposition providing a list to the President, as required by Section 161 of the Constitution imposes no restrictions whatever on how that list is generated. Nor need it be restricted to the Chairperson. An agreement by both men to create a professional, public, transparent and impartial process which generates a list of people, capable and willing to be Commissioners could then be presented, as a formality, to the President by the Leader of the Opposition for his acceptance. All of this s entirely feasible is entirely feasible within the current constraints of Article 161, if the national interest were motivatingthe exercise.
Barricading themselves within a pedantic interpretation of Section 161 of the Constitution or invoking the need for constitutional reform as a way of avoiding electoral reforms would be unacceptable to everyone except the leadership of the two major parties.
An authoritative review of electoral practices around the world concluded that “Conclusive evidence from all regions of the world shows that in 80% of all democracies elections are run by independent electoral commissions either in a full manner (53%) or by supervising the work of agencies from the executive branch of government (27%).” In other words Guyana’s current arrangements are associated with the more backward and autocratic minority countries rather than with the range of modern approaches employed in established and emerging democracies around the world.
A reformed selection process could ensure selection of men and women seen to be level headed, impartial, have managerial capacity, collectively understand logistics, human resource management, technology, media and the country’s contemporary history.In terms of character, they must have sound leadership ability, an even temperament, be persons of integrity and able to strengthen inclusivity.The key requirements are not legal – legal advice should always be independent, in any case.
However, given the bizarre current arrangement of appointing GECOM Commissioners for life, the process outlined above should be accompanied by a request from both leaders to all the current members of the Commission to voluntarily resign.
The GHRA is under no illusion that those steeped in ethnic politics will have little difficulty finding ample excuses to prolong the current arrangements. However, should the two leaders fail to provide the national leadership required for electoral reform, they must accept the responsibility for the inevitable prolonged race downwards to a 2020 election embroiled in ethnic antagonism, fuelled by desperation to control the new El Dorado of oil and gas.