Commonwealth final report: Elections credible but playing field was not level

The Commonwealth Observer Group in its final report on the November 28, 2011 general and regional elections gave the polls a passing grade but recommended the reconstitution of the Guyana Elections Commission, the setting up of an independent body to monitor the media and strengthening of laws regarding campaign financing.

The Commonwealth said that strong consideration should be given to ending the practice of having political appointees as members of the Elections Commission.

“Such a formula compromises the effectiveness and integrity of the Commission, which needs to be independent and above politics at all levels,” the Commonwealth group said.

It noted that adequate mechanisms can still be incorporated to ensure the confidence of political parties and accountability, including effective liaison committees.

It recommended that the respective roles of Commissioners vis-a-vis the role of the Chief Election Officer should be more clearly defined, ensuring that the CEO has the space and mandate to fully undertake his/her duties in an effective and timely manner.

The Commonwealth final report said that the November 28 2011 elections in Guyana built on the 2006 elections and, despite some shortcomings, “represented further progress for the country in strengthening its democratic processes.”

It said that overall, the elections were credible and many of the benchmarks for democratic elections were met, “even though some concerns, notably in terms of aspects of the campaign and the management of the tabulation process, remain to be addressed for the future.”

It found that the elections were competitive, and that basic freedoms of association, assembly and movement were provided for. “Despite some isolated incidents the election campaign was generally peaceful,” the report said.

It noted that while it was very positive that the Code of Conduct for Political Parties was signed by all of the parties, there were concerns that the Code was not wholly respected, and particularly that state resources were used in the interests of the ruling party.

The report noted that lack of independence and impartiality of the media remained a problem and singled out state-owned television, radio and print media, which it said according to the MMU showed overt bias in favour of the ruling party in its coverage and news reporting.

“State-owned media was not alone in providing imbalanced reporting but bias by the state media was excessive,” the report said, noting that state-owned media has a responsibility to serve the interests of all citizens, “particularly as in some parts of the country it is the only media available.”

The Commonwealth said that as a consequence of the media bias and the resources at the disposal of the incumbent, there was not a sufficiently level playing field for the campaign. “While the development of codes of conduct for parties and media is welcomed, it is not enough for them merely to be signed by stakeholders. They must also be adhered to,” the Commonwealth said in its report.

The Commonwealth noted that voter registration, which had so bedevilled some past elections, was much improved and generally provided for universal suffrage.

“In the past, questions over voter registration have created a serious problem in Guyanese elections. Since the 2006 poll, GECOM conducted a new voter registration exercise, resulting in a more accurate list of electors for the 2011 elections. It is pleasing that the massive effort exerted by GECOM appears to have largely assuaged party and public concerns in this regard, the Commonwealth said.

It said that Commonwealth teams during the vote tabulation followed the count at polling stations and reported that the process, “while slow, was transparent and electoral officials worked diligently to complete the count at the polling station level.”

The report said that the tabulation process suffered from some delays and a degree of uncertainty and that GECOM “was less well prepared for this critical aspect than for some of the previous steps in the electoral process.”

Following the announcement of results on December 1st 2011, the report noted that one opposition party demanded further verification of the results before it would accept them. Peaceful demonstrations were held by its supporters in Georgetown on December 1 and 2, 2011. The Group said it encourages all stakeholders to respect the official election result, and urges that any further question about the result be pursued, if necessary, in accordance with the law.

The Commonwealth Group noted that for the first time in Guyana, the party that won the presidency did not secure a majority of seats in parliament. “The Group departs Guyana hoping that all political parties will seize this historic opportunity to adopt a mature and constructive approach to governing the nation,” the Commonwealth said in its report.

The Commonwealth also said that there is a need to ensure proper implementation of the laws for declaration and public disclosure of campaign funding and expenditure, in order to ensure transparency and accountability. “There may also be a case to strengthen such regulations,” it said.

As regards elections campaigning and the media, the report said that steps should be taken to strengthen and enforce rules on the use of public resources, especially during election campaigns, to facilitate a more level playing field for all parties, and reduce the abuse of state resources through the power of incumbency.

The Commonwealth also decried the state of radio in Guyana and called for there to be changes.

“Appropriate measures should be expedited to allow multiple nationwide radio and television operators. The people of Guyana should have access to a choice of media outlets for their information. Media diversity facilitates information from different sources and perspectives and promotes dialogue and debate on issues, so that the voices of many rather than a few can be heard. Media diversity encourages healthy competition for quality, timeliness, reliability and talent,” the Commonwealth said in the report.

“The establishment of an independent media authority to regulate media conduct would strengthen efforts toward media balance in election campaigns,” the Commonwealth said. It added that an independent media authority would provide recourse to justice in the event of unfair reporting. “This could take the form of an authority similar to the media councils that exist in some other Commonwealth countries. Such councils are independent self-regulatory bodies that deal with complaints about the editorial content of print, broadcast and online media,” the report said.

It noted that such bodies can also work proactively to provide pre-publication advice to journalists, and offer advice to the public on privacy issues to prevent harassment and media intrusion.

 

Political Parties Code of Conduct

The Commonwealth noted that the signing of the ‘Code of Conduct for Political Parties Contesting the 2011 General and Regional Elections’ by all five competing parties was a welcome development.

“However, several of those who spoke with the Group said that breaches of the code were frequent. In addition to the claims of racist campaigning noted above, parties cited personal attacks on the character of candidates and the airing of political advertising denigrating other parties,” the Commonwealth said.

“It was reported that President [Bharrat] Jagdeo, during campaign rallies, attacked press personnel by name in an intimidating manner, to the point where the Guyana Press Association claimed that some journalists were fearful for their safety and hesitant to report on PPP/C political events,” the Commonwealth said.

“The political parties are urged to strengthen their adherence to the Code of Conduct for Political Parties and respect for election laws before, during and after the election period. The media are urged to strengthen their adherence to the Code of Conduct for Media, governing the behaviour of media organisations and practitioners before, during and after the election period to ensure fairness, balance, accuracy and integrity in reportage. In particular we recommend that state-owned media provide equitable coverage of all parties, as by their nature state-owned enterprises should be duty-bound to serve the public interest generally rather than one party,” the Commonwealth said in its report.