The Commonwealth observer group which was accredited to the March 2 General Elections yesterday urged that GECOM undertake the long-awaited recount of votes in full compliance with the Representation of the People Act and a credible manner.
The mission, which was headed by former Barbados Prime Minister Owen Arthur, cited the “unconscionable” delay in finalizing the result.
The statement issued by Arthur followed an equally hard-hitting one from the Organisation of American States (OAS) observer mission which was headed by former Jamaican Prime Minister Bruce Golding.
The statement issued by Arthur yesterday noted the 15th April 2020 statement of the Guyana Elections Commission (GECOM) indicating that the Commission has decided to conduct a national recount of all ballots cast (Regions 1-10).
The statement said that it is expected that GECOM will ensure that a general final count is undertaken and concluded in strict accordance with the relevant provisions of the Guyana Representation of the People Act (RoPA).
“Further, it is imperative GECOM ensures that this is done in a credible, transparent and timely manner, bearing in mind that the people of Guyana have now waited an unconscionable 45 days to bring this electoral process to finality.
“This delay in credibly concluding the electoral process is now even more alarming as the entire world seeks to contend with the disruptive and devastating impact of the coronavirus pandemic (COVID-19) on economic, social and political life”, Arthur’s statement declared.
He added that the RoPA is “unambiguous and specific on the technical modalities by which a general final count is bound and we strongly urge the leadership of GECOM not to depart from these legal stipulations”.
GECOM Chair Claudette Singh is set to make a decision today on how the recount is to be done. A number of analysts have argued that officials of GECOM have mounted and are continuing a plot to rig the elections in favour of the incumbent APNU+AFC and that Singh has to take control of the process.
The Commonwealth Observer Group commended the people of Guyana for peacefully exercising their right to vote for the Government of their choice on 2 March.
“This is a sacred constitutional and universal human right. The rights of the Guyanese people will be respected when a general final count is credibly administered in accordance with the law and given full effect”, Arthur added.
What the Commonwealth says matters significantly as Guyana could face the risk of expulsion from the body for persistently offending the principles that underpin the grouping as set out in various instruments such as the Harare Declaration.
Earlier this month, on April 2nd, the Commonwealth Ministerial Action Group (CMAG) 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 seen as a major embarrassment for the APNU+AFC government.
Referral to CMAG is also a preliminary step to the ultimate sanction that Guyana could be faced with – expulsion from the Commonwealth.
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 GECOM and the David Granger administration 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”.
Ministers also encouraged the Commonwealth Secretary-General, Patricia Scotland 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. “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
