Amid concerns about moves on its independent functioning, the Guyana Elections Commission (GECOM) has taken the decision to write the Office of the President (OP) to determine whether a recent directive on advertising will affect the civic and voter education plans for next year’s general election.
OP has directed GECOM to submit its advertisements and notices for publication through the new government procurement website—a move that has bolstered concerns about the administration’s interference in the independent functioning of the Commission. The decision to seek a clarification from OP was taken at a statutory meeting yesterday, after some Commissioners admitted concerns about the implications of the directive as well as the financial control that government wields.
In a letter to GECOM Chairman Dr Steve Surujbally, dated September 16, Head of the Presidential Secretariat Dr Roger Luncheon said that advertisements/notices, with the exception of those associated with discharging GECOM’s constitutional and legal responsibilities, must be submitted to the Government Information Agency for placement on www.eprocure.gov.gy. The directive is in keeping with an effort by the administration to cut its advertising budget.
Dr Surujbally, however, has said civic and voter education activities cannot be done solely using the website. GECOM is currently conducting a continuous registration exercise which is a precursor to the next general elections, constitutionally due by the end of September next year. The poll preparations will involve significant public awareness and education work across the country.
Subjugated
Meanwhile, with GECOM millions of dollars in debt, Commissioner Vincent Alexander yesterday said it is being “subjugated” by OP’s financial control. “Very often, GECOM is simply dictated to or embarrassed,” Alexander told Stabroek News, while citing the situation where businessman Kenrick Thomas, the owner of the building housing the GECOM Secretariat, publicly protested the non-payment of millions in rent. He also cited the recurring delays in paying scrutineers and outstanding debt owed to contractors for work done in the preparation for local government elections, which were due to be held this year. According to Alexander, the money was not released and there was no explanation by the government. “It takes away from the independence of the Commission,” he said, noting that the current procedure that requires approval by Cabinet is flawed.
Stabroek News understands that GECOM makes requests to the Finance Ministry, which seeks approval of the Cabinet depending on the amount being sought. Under the Procurement Act, Cabinet has the right to review all procurements that exceed $15M.
Alexander said that GECOM needs to be taken off the list of budget agencies and he suggested that it be paid an annual subvention in the same manner as the University of Guyana to allow it direct control over its finances. “I would like to see in Guyana that the spirit of the constitution is observed and that constitutional agencies—GECOM being one such agency—should not be subject to a provision which says that they are budget agencies,” he said. “It clashes with the constitution. Some other mechanism should be put in place for the parliament to vote for provisions for these agencies and for the agencies to be able to spend their monies without reference or deference to the executive,” he added.
Asked whether he feared that the situation might affect the preparations for next year’s general election, he said he was concerned “that a mechanism like this can be used to impose an agenda on us.”
In addition to GECOM, the 2003 Fiscal Management and Accountability Act made the Parliament Office, the Office of the Auditor General, the Supreme Court, the Office of the Director of Public Prosecutions and the Office of the Ombudsman budget agencies.
‘Constrained’
Commissioner Moen McDoom, one of three members nominated by President Bharrat Jagdeo in his own deliberate judgment, said that GECOM was “constrained” by being a budget agency. He explained that while GECOM is supposed to be an autonomous body, it is funded by the government.
McDoom admitted that there were “problems” between GECOM, the Finance Ministry and OP. “We are trying to work those out,” he said.
He pointed out that for previous elections the Commis-sion did not experience any problems in sourcing funds. However, he noted the “new trend” which has seen GECOM in arrears.
Luncheon has said publicly that government intends “to migrate” as many government ads and notices from the print media, which he described as the more expensive means of advertising. However, he said some categories of notices would be placed in traditional media, on the basis of existing legislation in some instances. It is believed that the reference to GECOM’s “constitutional and legal” responsibilities in the directive would offer room for manoeuvring in the placement of ads and notices.
McDoom and Commis-sioner Charles Corbin both said they understood that GECOM would be entitled to place ads relating to its constitutional mandate wherever it sees fit. However, McDoom, an attorney, noted that the issue may be a question of interpretation.
Commissioner Robert Williams expressed concern about the commission’s ability to reach the people using only the e-procure website. He admitted that he does not have access to a personal computer and as a result would not be able to access the ads on the government’s e-procure website. “What about the other people in society?” he added. Williams said that the best possible means for access by the people ought to be used and he emphasised that traditional media such as radio and newspapers ought to be used.
Last Friday, the main opposition PNCR criticised the Ministry of Finance for the failure to pay scrutineers who had been appointed to ensure transparency in the running off of the ongoing continuous registration exercise. PNCR MP Lance Carberry, arguing that the ministry’s “dilatory performance” was creating problems for the smooth running of the continuous registration programme, questioned whether it was an attempt to create frustration and disaffection.
He noted that GECOM, when questioned by the Chief Opposition Scrutineer Amna Ally about the reasons for the non-payment, informed her that all of the required documents have been submitted to the Ministry of Finance in a timely manner but to date no release had been made. Carberry urged Finance Minister Dr. Ashni Singh to intervene urgently to ensure that scrutineers are paid on a timely basis “and that his ministry does not become responsible for creating obstacles for the smooth conduct of the continuous registration programme.”
AFC Chairman Khemraj Ramjattan has accused the government of wanting to “frustrate” the independence of GECOM and create a crisis within the body. “The government knows this and the government is going to disparage GECOM as a body and say it is wasting money (by advertising in the newspapers)…and this is going to create an intractable problem between GECOM and the Government of Guyana,” Ramjattan charged. He said that Dr. Surujbally will be disparaged by the government because he will not want his constitutional mandate to be stripped by the government. This, Ramjattan said, will create a crisis in which the administration will want to deny money to GECOM. He said that such action would further negatively affect the present registration exercises and this can lead to a lot of problems which can see the delaying of a proper voters’ list.
According to Ramjattan, this will play straight into the hands of the PPP which he charged wants a delay of national elections by two years. He said that the AFC has noted there have been certain events, such as the government’s closure of the Media Monitoring Unit, and it sees this as taking away the powers of GECOM, “a kind of dilution of the sets of power GECOM exercises.”
The government has committed to foot the bill for the upcoming election. President Jagdeo reiterated the position recently, saying, “Elections have to be next year and we have to foot the cost of those elections. We don’t have a choice….If I say otherwise soon you will be hearing a speculation in one of the papers that Jagdeo doesn’t want elections. Let me make it clear. I want elections next year, on time and we would foot the cost.”