Commonwealth Observer Group suggests measures to strengthen electoral process

The Commonwealth Observer Group (COG), in its elections report, has concluded that meaningful reform of campaign financing, electoral dispute resolution and campaign regulations is essential to strengthening Guyana’s democratic institutions.
The group called for legislative amendments to establish clear statutory time limits for resolving election disputes. While Article 163 of the Constitution gives the High Court exclusive jurisdiction to determine whether elections were lawfully conducted, the observers highlighted gaps in the legal framework that have allowed election petitions to remain unresolved for years.
Although the National Assembly (Validity of Elections) Act provides a 28-day period for filing an election petition after the publication of results, it does not require that such disputes be resolved within a defined time frame.
The Group noted that this has resulted in cases extending beyond the term of the contested office, a concern previously raised by the 2020 Commonwealth Observer Group but still unaddressed.
“The Group notes that a balance needs to be maintained between the constitutional status of GECOM and judicial scrutiny of the lawfulness of elections,” the report said, stressing the importance of timely resolution to preserve electoral credibility.

Campaign financing
The Group also issued its recommendations for urgent reform and regulation of campaign financing in Guyana, warning that weak, outdated and unenforced laws are undermining public trust in the democratic process and could expose the country to elite capture and policy distortion as its economy continues to grow.
In its final report on Guyana’s September 1, 2025, General and Regional Elections, the Group identified campaign financing as a critical issue affecting electoral fairness, transparency and accountability. The observers urged Guyana to pursue legislative reform and to work closely with the Caribbean Community (CARICOM) toward the development of a regional charter on campaign financing.
“The Group found campaign financing was a key issue impacting public trust in the democratic process,” the report stated, noting that addressing the issue is essential “to ensure the accountability and transparency of political parties and avoid any future conflict of interests between politicians and interest groups.”
The report cautioned that Guyana’s increasing economic prosperity heightens the risk of a close nexus developing between political leadership and business interests, potentially compromising public governance. According to the observers, this could result in “elite capture and policy distortion where business interests and influence will supersede that of the electorate and overall public interest.”
According to the Commonwealth observers, Guyana’s existing campaign financing framework is inadequate. The Group found that current legislative provisions under the Representation of the People Act (ROPA) are insufficient to provide effective oversight of political financing and expenditure.
ROPA provides for the declaration of campaign expenses, but the legally permitted limits – ranging from GY$25,000 to GY$50,000, or approximately US$125 to US$250 – were described as “evidently outdated.” The report further noted that these provisions have never been enforced.
While the Anti-Money Laundering Act of 2009 classifies political party officials as “politically exposed persons”, the Group concluded that this measure alone is not sufficient to guide or regulate political party finance and expenditure.
In response, the Observer Group recommended that Guyana consider collaborating with CARICOM to develop a regional charter on campaign financing, pointing out that other jurisdictions within the region have already enacted more robust legal frameworks in this area.

Campaign regulations
In addition, the Commonwealth observers called for greater legal clarity around the campaign silence period ahead of elections. The Group recommended reforms to clearly define when campaigning must cease, covering both physical and digital campaigning, and to introduce enforcement mechanisms with penalties for violations.
At present, Guyana’s laws do not stipulate a formal election silence period, leaving political parties to decide when to stop campaigning. While campaign activities were generally observed to have ceased on the streets before election day, the lack of legal provisions has created confusion, particularly regarding online and electronic media.
“In an increasingly digital-first environment, the absence of clearly stipulated election silence periods – whether physical or online – may lead to inconsistent interpretations and practices that can heighten tensions and undermine electoral fairness,” the report warned.
The observers also expressed concern over the prolonged absence of permanent appointments to Guyana’s highest judicial offices. Under Article 127 of the Constitution, the appointment of the Chancellor and Chief Justice requires agreement between the President and the Leader of the Opposition. However, the lack of consensus for more than two decades has resulted in these positions being filled in an acting capacity since the departure of Chancellor Desiree Bernard in 2005.
The Group warned that this prolonged leadership vacuum stands in stark contrast to the executive and legislative branches, where leadership transitions occur through defined constitutional mechanisms. “Acting appointments are inherently more vulnerable to political pressure,” the report stated, adding that the absence of permanent judicial leadership raises “serious concerns about institutional stability, accountability and public confidence.”
Overall, the Commonwealth Observer Group concluded that meaningful reform of campaign financing, electoral dispute resolution and campaign regulations is essential to strengthening Guyana’s democratic institutions.
The recommendations, the Group noted, are aimed not at criticism but at safeguarding public confidence and ensuring that Guyana’s electoral system evolves in step with its economic and social transformation.