After another three hours of discussion yesterday, the members of the Guyana Elections Commission (GECOM) have still not reached a decision on the way forward with the opposition-nominated commissioners accusing their colleagues of using “delaying tactics” to stymie developments.
“I hate to disappoint you again this afternoon but we have not reached any meaningful decision. I can’t even say that the discussions are meaningful…It is clear that the delaying tactics continue and that has stymied any developments,” Opposition-nominated commissioner Sase Gunraj told reporters as he left the commission’s High Street Office.
His colleague Bibi Shadick went on to describe the process as long and tiring with no end in sight.
The area of contention based on comments from both sides of the commission appears to be whether the current House to House (HtH) registration exercise “is still relevant” following the ruling by acting Chief Justice Roxane George-Wiltshire.
Justice George-Wiltshire has upheld the legality of the exercise but has also declared that existing registrants cannot be excised from a new voters’ list unless certain criteria provided by law are met—that being by death or by specified means of disqualification under Article 159 (2), (3) or (4).
“A decision has not been made. We are still in the course of discussions. We are discussing the usability of HtH and the need to ensure whatever we do is done in a timely manner,” Government-nominated commissioner Vincent Alexander told reporters.
He further noted that the commission is examining both the provisions of Article 159 and the National Registration Act in relation to disqualification.
“What the Chief Justice said is that HtH cannot be used to merely extract people from the NRR, but the Chief Justice at the same time did say that we should look at matters pursuant to Article 159 and removability based on the provision of the National Registration Act,” Alexander stressed.
He explained that since the Chief Justice has not ruled out the usefulness of the process it is for the commissioners to reconcile this usefulness with the objectives they had from the inception.
He noted that the schedule for the National Registration Act did anticipate under Rule 38 and Rule 40 methods of removal from the National Register of Registrants (NRR).
While he argued that time is against Regulation 40, Alexander stressed that time is not against Regulation 38.
Regulation 40 provides for the commission to use immigration information as a means to either remove or alter a person’s registration as if a “claim had been made” in keeping with the claims and objections process.
Regulation 38 however grants the commission the power to cancel a registration for a wider variety of reasons including if “a new registration record is to be prepared for [them]”
The Opposition People’s Progressive Party/Civic has already signalled that it is unimpressed by this argument.
In a press statement following the meeting the party declared that while GECOM procrastinates in naming a likely date for elections the nation is becoming more frustrated and more impatient.
According to the party the arguments from Government commissioners that data generated from HtH must be used is irrational in light of the CJ’s ruling.
“We have already pointed out that this data is deeply flawed, not only by the sheer speed by which it is being accumulated, but also it is not scrutinized by all the political parties, the wrong registration form is being used and the exercise is being boycotted by tens of thousands of Guyanese,” the party argued, adding that the government-nominated commissioners are calling for a second database to be created which is illegal since duplicate registration is a criminal offence under the National Registration Act.
The party reiterated its call for a boycott of the exercise and “reminded” GECOM that its actions and inactions continue to violate the Constitution, the Caribbean Court of Justice Consequential Orders and the recent decision of the Chief Justice.
The party has even gone as far as to threaten enumerators with criminal charges if they register “a person who is already registered” as they, according to the PPP/C will be aiding and abetting the commission of a criminal offence.
“We emphasize that GECOM is violating its constitutional duty to the people of this country and is continuing to squander hundreds of millions of taxpayers’ dollars in an unwarranted HtH exercise…[and] call on GECOM to proceed to hold a cycle of claims and objections and to ready the machinery for elections,” the statement concludes.
Pressure will mount on new Chairman of GECOM, Claudette Singh to make a decision urgently in light of the constitutional injunction for elections to be held within three months of the passage of a motion of no confidence against the government. Singh, a retired Justice of Appeal, was sworn in 25 days ago following an agreement between President David Granger and Opposition Leader Bharrat Jagdeo.
