Dear Editor,
The recent myriad of media articles regarding walkouts by PPP/C Commissioners from meetings of the Guyana Elections Commission (GECOM) indicates that all is not well with the manner in which matters are being addressed by the Chairman. It has brought to the fore questions of reasonableness and acceptance regarding the decision of sanctions exercised, as well as the role of the Commissioners.
The objective of functioning members of the Commission and the approach to achieving the ideals of the institution have been put into the public domain for scrutiny, given the recent handling of matters. On one hand, there have been press conferences called by the Chairman as well as the two stakeholder political party Commissioners, through which the parties sought to clarify the obviously reprehensible treatment of divide over an issue raised by Commissioner Benn at the meeting forum. On the other hand, it is to be wondered whether the issues raised are appropriate or relevant.
The constitutionally enshrined autonomy of GECOM excludes direct external interference with decisions of the commission. At the same time, it recognises the policy-making role of balanced representation through persons drawn from political constituencies. Under Article 226 of the Constitution, as amended by the Constitution (Amendment) Act No. 2 of 2000, it is provided that the ‘quorum’ for a meeting of the Commission shall be the Chairman and not less than four members of the Commission – two each appointed by the President and the Opposition respectively.
In relation to the functions of GECOM on the part of persons exercising powers or performing duties connected with elections matter, the Commission is constitutionally obliged to act with impartiality and fairness in the execution of its duties, in keeping with Section 162 (1) of the Constitution, Cap. 1.01. Of note also is the insulation of the Commission’s decisions regarding policy matters.
Importantly too, the role of political party nominees to the GECOM (eg. Commissioners) is posited in Section 161B of the Constitution, which states: “It is hereby declared that the role of political parties and their nominees in the conduct of elections by the Elections Commission shall be limited to their participation in determining policy, monitoring the electoral process and the conduct of the election, but does not include active management of the electoral process.”
While this position is broadly articulated on the GECOM website, the recent revelations from the press conferences suggest that the concerns were appropriately raised in the context of impartiality and fairness. One has to now contemplate the many shades of grey and the need for multiple focal lens through which the organisation is seen based on published comments quoting the Chairman and members of the Commission.
Sincerely,
Neil Kumar JP, MP
