Urging a consensus approach in choosing a new Guyana Elections Commission (GECOM) Chairman, the Working People’s Alliance (WPA) has signalled its approval of the president and opposition leader jointly compiling a list of six nominees or for each to separately nominate three persons from which the president would select one. Selection of a non-Guyanese Commonwealth citizen should only be considered as “a last resort,” the party said.
The WPA’s position was contained in a statement issued yesterday in which it noted the “apparent uncertainty” over the procedure to be used in selecting a new GECOM chairperson. It is critical for the deliberations by the parties to be guided by the Caribbean Court of Justice’s (CCJ) apparent embrace of consensus as the preferred mode of behaviour, the statement said.
It revealed that the WPA’s understanding is that the CCJ has proposed a modification of the current formulae by requiring the two leaders to jointly participate in the compilation of a list of six nominees from which the president would eventually choose the chairperson in keeping with his constitutional mandate. WPA views this as a more acceptable approach since it greatly reduces, if not eliminate, the scope for unilateralism by both President David Granger and Opposition Leader Bharrat Jagdeo.
“But, the success of this approach assumes good faith on the part of the leaders. It requires them to find ways to subordinate their hardcore partisan interests to the greater good of the country. This is ultimately the true test of statesmanship. WPA, therefore, again urges the leaders to rise to the occasion—there must be some degree of give-and-take. Failure to arrive at a consensus could further hold up the preparations for elections, heighten existing tensions or force the court to intervene in a manner that could be interpreted as judicial over-reach,” the WPA declared.
Further, the WPA urged the leaders to avoid the temptation to “pack” the list with candidates that are overtly aligned to the political parties or are openly hostile to them, saying this would be a non-starter.
“Although WPA prefers the leaders to jointly agree to all six candidates, it would have no objection to them each nominating three,” the statement added.
The WPA also adverted to Jagdeo’s suggestion that non-Guyanese Commonwealth citizens be considered for the position. “While it is an attractive proposal, WPA thinks it should be a last resort. We should exhaust all options at home before looking abroad. If the suggestion is embraced as a first resort, it would send the wrong message to Guyanese about our leaders’ confidence in their ability to be impartial and just. Ultimately, it is the will of the political leaders that is being tested,” the party said.
The WPA pointed out that it has already opined that the CCJ seems inclined to have the two sides come to a consensus rather than the court becoming unnecessarily entangled in the country’s politics via the issuing of consequential orders. “It is our party’s view that the court may be cognisant of the risk of over-reach that accompanies consequential orders. Courts generally have been very reluctant to issue such orders given the risk of breaching the wall that separates the branches of government as part of the doctrine of separation of powers,” it observed.
The CCJ on June 18th ruled that the unilateral appointment of retired Justice James Patterson as GECOM Chairman was unconstitutional and has since indicated that the two parties should meet to discuss a way forward.
Up to press time yesterday, no date had been set for such a meeting despite Jagdeo indicating that he was ready to meet at any time.
Government sent an invitation last Friday to Jagdeo, seeking a meeting with him after the expected handing down of the consequential orders by the CCJ on Monday.
While Jagdeo acknowledged receipt of the letter, he did not respond before Monday’s hearing.
Their representatives reported the situation to the court on Monday and more time was granted in hopes that there would be some productive engagement ahead of the orders being made on July 12th.
On Tuesday, former opposition Chief Whip Gail Teixeira, in a letter sent to Director General of the Ministry of the Presidency Joseph Harmon, indicated that Jagdeo is prepared to meet in keeping with the ruling made by the court and following the announcement that Patterson had stepped down as Chairman of GECOM.
On Thursday, Jagdeo told a press conference that he had hoped the president would’ve addressed the matter with urgency especially since Attorney General Basil Williams told the CCJ that it was Jagdeo who was reluctant to meet
Jagdeo further noted that while the opposition is hoping that the president is prepared to say if any of the 18 names already submitted are acceptable, they have started the process of soliciting new names just in case.
“We have gone as far as bringing names from outside of Guyana because as far as we know, you can submit names from the Commonwealth,” he said, before repeating that he is prepared to engage continuously until the matter is resolved.
