Dear Editor,

Civil society has the opportunity to demand its seat at the table, but this demand is likely to gain more traction and respect when we are seen as honest and credible brokers, operating with respect for the very Constitution we demand others uphold, and being unafraid to hold everyone, including ourselves, accountable in ensuring its adherence. The Guyana Trades Union Congress  (GTUC) as a member of the Civil Society Forum (CSF) dissociates itself from the two statements issued on Monday, 11th March, 2019 which in our belief do not satisfy the principles adumbrated here or the goal of the body. The goal of the CSF is to realise the Political Objective of our society as outlined in Article 13 of the Guyana Constitution, which speaks to an “inclusionary democracy.” The GTUC sees the pursuit of this in building a society where tension, polarisation and divisiveness are defused and managed in a manner nurturing of the motto “One People, One Nation, One Destiny” Thus, the undermentioned represents our position on the issued statements-

Announcing date for Election – It is on the advice of GECOM as to its readiness for an election that presents the President a ballpark to declare a date for election. In 2006, in response to public concern that the required constitutional five-year for General and Region Elections would not be held within the time frame, President Bharrat Jagdeo in a televised address to the nation said: “The law says that GECOM shall define the form of verification of the List or may decide on verification and will decide on what form it will take. Not the PPP, not the PNC, not any party, GECOM. That’s a constitutional body, independent just like the courts.”  Most likely Mr. Jagdeo was referring to Article 226 (1) and (7) of the Guyana Constitution and GECOM’s role in so advising him was respected.  

The Chairman of GECOM – Retired Justice James Patterson was appointed consistent with the Constitution. Said appointment was challenged in the High Court and the Appeal Court. Both courts ruled the appointment was done in accordance with the Constitution. The matter is now before the Caribbean Court of Justice.  While the incumbent is often labelled “controversial,” Government or PNC selection, the title, as with his predecessors, comes with a casting vote. The casting vote has historically benefitted both the Government and Opposition. For instance, Patterson’s chairmanship saw a casting vote that allowed for the appointment of the Opposition Commissioners’ approved candidate for Legal Officer.  

Article 106 (7) & GECOM’s readiness- the extant article refers to a time frame of “within ninety days or such longer period”. Whereas the former time frame does not need the Opposition’s input and the latter needs by at least a “two-thirds” vote in the National Assembly, the complete article stands. The conjunction “or” is of equal importance.  Acting Chief Justice Roxane George-Wiltshire SC in her ruling on 31st January upheld the entire article.

The minimum period GECOM has been able to hold an election in is 123 days, which was in 2001, an election that had its unique history and context. In 2019, the history and context have their own uniqueness, including being the first of its kind, and both parties/sides will have to work together again. This reality presents opportunity to intensify advocacy for giving meaning to Article 13 which was enshrined in the Constitution in 2001.

GECOM’s functioning – GECOM has to have a quorum to function. Outside of the absence of the Chairman who was on sick leave for a period, walking out of meetings by commissioners hinders the opportunity to have a quorum and conducting the business of the organisation.  

Allegations of electoral malpractices – GTUC has an abiding interest in Guyanese having the right to one man one vote/universal adult suffrage, which the Labour Movement started the fight for. We want a credible Voters List and election which includes every eligible voter allowed to register, cast his/her ballot in an atmosphere free from fear and hindrance, the vote counted and properly declared. We want an election not only free and fair but also free from fear. All of our elections have had claims of impropriety, not reflecting the will of the people, or conducted within an atmosphere of fear. Some have been proven and others remain alleged.

That being said, the fact that the organisations that signed on to the statements saw importance only in the elections of 1968, 1973, 1980 and 1985, it is incumbent on GTUC to note that the 2006 elections saw the AFC’s Region Ten votes, and by extension parliamentary seat, wrongly declared for the PPP/C, in the 2011 elections Commissioner Vincent Alexander prevented another miscarriage of the voters’ will. GTUC awaits the Court’s ruling on the 2015 elections based on a petition brought by the PPP/C, as it ruled on the 1997 elections based on a petition brought by the PNC.

Our future – GTUC cognisant of our internal and external dynamics does not want the political conflicts of Venezuela to become ours neither do we want a State where some feel excluded or anyone thinks election is the panacea to solving all our problems or the opportunity to get `pan tap’. Guyanese have to put a system in place to effectively and efficiently manage the economy and our business in peace and tranquility. The citizens/workers deserve to live and work in an environment where their welfare is placed first. It is our belief Article 13 presents the road map and opportunity Civil Society should seize now.

Yours faithfully,

Lincoln Lewis

General Secretary, GTUC