The Commonwealth Ministerial Action Group (CMAG) yesterday took up the case of Guyana’s elections stalemate and called on GECOM to fulfil its constitutional mandate for a credible tabulation of votes and warned that any government sworn-in here without a transparent process would lack legitimacy.
CMAG is the body to which persistent offenders of the Commonwealth’s shared principles are referred. Its taking up of Guyana’s case at its March 31 video conference meeting would be a major embarrassment for the APNU+AFC government and a blow to plans to have President David Granger sworn in for a new term without a credible count.
Referral to CMAG is also a preliminary step to the ultimate sanction that Guyana could be faced with – expulsion from the Commonwealth, a development unthinkable for a country that has played a major role in the grouping and which was at one point headed by Guyana’s Sir Shridath Ramphal.
CMAG took up Guyana’s case even though it had not been on the agenda – a sign of the ratcheting up of international pressure for the Guyana Elections Commission (GECOM) and Granger’s Government to ensure that ballots for the disputed March 2nd elections are recounted.
In their statement, CMAG – which significantly includes CARICOM members Belize and Barbados – noted that the constitution of Guyana clearly states that sovereignty belongs to the people of Guyana.
“In this regard, Ministers noted and welcomed the public undertaking of the Chairperson of the Guyana Elections Commission, Justice Claudette Singh (Ret’d), that the votes would be recounted. Ministers called upon the Guyana Elections Commission to immediately fulfil its constitutional mandate and ensure the sovereign right of the people of Guyana to duly elect their Government is respected through a transparent and credible counting and tabulation process”, the statement said.
It also adverted to the flood of litigation in the courts surrounding Guyana’s elections.
“Ministers noted that Guyana’s judiciary continues to be seized with protracted litigation on issues of national importance. From the passing of the 21 December 2018 no confidence motion which triggered the constitutional requirement for a General Election; to the conduct of the Region 4 Returning Officer in the 2 March election; and the issue of a recount in Region 4. In this regard, Ministers reaffirmed the Commonwealth principle that an independent, effective and competent legal system is integral to upholding the rule of law, engendering public confidence and dispensing justice”, the statement said.
It added: “Ministers strongly iterated that any Government which is sworn in without a credible and fully transparent vote count and tabulation process would lack legitimacy”.
The statement said that Ministers affirmed the Commonwealth’s readiness, along with its partners, to provide aid to ensuring a credible and transparent conclusion to the electoral process in accordance with the will of the people as expressed on 2 March. This could possibly signal the availability of Commonwealth electoral observers to return to Guyana to monitor the recount. The Commonwealth observer mission to the March 2nd election which was headed by former Barbadian Prime Minister Owen Arthur left the country after decrying the suspect counts for Region Four by its Returning Officer, Clairmont Mingo. Like other observer groups the Commonwealth had implored that the Region Four tabulation be credibly done before a final count was declared but this was to no avail. Arthur, who also famously clashed with Minister of Foreign Affairs Dr Karen Cummings after she threatened to withdraw the accreditation of international observers – was to have submitted a report on the Guyana situation to Commonwealth Secretary-General Patricia Scotland.
Ministers also encouraged the Secretary-General to remain engaged with Guyana through her Good Offices and to keep CMAG informed of developments in the country.
The statement said that the Ministers agreed to keep Guyana on the formal agenda, and, where necessary, “to convene an extraordinary meeting to discuss the situation and explore appropriate options”. This statement, observers said, was the clearest warning yet from the 54-member grouping of the dire consequences that Guyana could be faced with.
CMAG commended the Good Offices efforts of the Commonwealth Secretary-General in Guyana, including the deployment of two Senior Electoral Advisers to support the work of GECOM. In this connection, Ministers commended the valuable work of Senior Technical Adviser, Dr Kwadwo Afari-Gyan, former Chair of the Ghana Electoral Commission and former Chief Election Commissioner of India, Dr. Syed Nasim Ahmad Zaidi.
Further, Ministers took note of the 17 March statement of the Caribbean Community (CARICOM) Chairperson, Prime Minister of Barbados, Mia Mottley; statements of respective Commonwealth and other Governments; as well as statements from other international organisations.
“Ministers expressed grave concern that the credible and transparent counting and tabulation of every vote in Region 4 has been persistently frustrated, with a declaration by the Returning Officer having been ruled to be unlawful by the Acting Chief Justice.
“Ministers noted and commended CARICOM’s efforts, at the invitation of President Granger and the agreement of the Leader of the Opposition, to support the transparent and credible counting of ballots under the authority of the Guyana Elections Commission. Ministers further noted with deep regret that the CARICOM High-Level Initiative in the interest of peace and the preservation of democratic values was halted. Ministers encouraged CARICOM to remain seized of the situation in Guyana and committed Commonwealth support to these endeavours”, the statement said.
The meeting was chaired by Ambassador Raychelle Omamo SC, EGH, Cabinet Secretary for Foreign Affairs of Kenya and also included Ministers and Representatives of Australia, Ghana, Malaysia, Namibia and the United Kingdom
CMAG deals with serious or persistent violations of the Harare Declaration, which contains The Commonwealth’s fundamental political values. It was established by Commonwealth Heads of Government in Auckland, New Zealand, in 1995.
CMAG’s task is to evaluate the nature of infringements and recommend measures for collective Commonwealth action aimed at speedy restoration of democracy and constitutional rule.
The Group is convened by the Commonwealth Secretary-General and made up of a representative of the Commonwealth’s Chairperson-in-Office and a rotating group of foreign ministers from eight countries.
