No decision on using electronic fingerprinting for LGE – GECOM clarifies

The Guyana Elections Commission (GECOM) has dispelled reports that it will move forward with the use of electronic fingerprinting at the places of poll for the upcoming Local Government Elections (LGE), nor has it decided on the demarcation of boundaries.
In a statement on Friday, the Commission explained that it was of crucial importance for the sake of clarity to refute the misinformation carried in sections of the media, for the benefit of all stakeholders.
“With specific reference to the call for the introduction of a biometric identification system at every polling station, the decision given by the Chairman was that if such a system were to be introduced at the places of poll as a requirement for persons to vote, persons will be unable to vote in that in any absence or failure of such a means of identification and that this would be contrary to the Constitution, as was absolutely clear in the decision in the Esther Perreira case,” the statement read.
Referring to the Esther Perreira case, the Chairman recalled that the decision established that in accordance with Articles 59 and 159 of the Constitution, once a person is 18 years and is registered that person is entitled to vote at an election.
If, on the other hand, a biometric identification system was to be used as an alternative means of identification, persons will be permitted to be identified by additional means and be allowed to exercise their right to vote even in the absence of such biometric identification, then the introduction of biometric identification at the Polling Stations might be permissible.
But this would simply be another means of identification for which the legislation does not currently provide, and as such, this will require legislative amendment.
“Notwithstanding her considerations, the Chairman was very clear that she does not support the calling for legislative provision to be made before a feasibility study is done to assess whether the introduction of biometric identification at polling stations is something that can be done effectively.”
In November, for 14 areas in which boundaries were modified by the former APNU/AFC Government, the decision was made to revert them leading up to the March 2023 Local Government Elections to allow for better representation.
While the decision was made to revert boundaries to before they were changed in the year 2016, other communities which were previously not captured will be placed under townships and Neighbourhood Democratic Councils. In some areas, NDCs will also be merged or split.
In giving her decision on whether the Minister of Local Government acted in contravention of the laws, the Chairperson explained that the powers given to the Minister and the Commission are different and not in conflict.
She explained that the Minister has the power to divide Guyana into areas as provided for, considering the factors specified by Article 72(2) of the Constitution in defining the boundaries of those areas. This includes the power to define and/or modify the boundaries of neighbourhoods and people’s co-operative units within those neighbourhoods, and the establishment of local democratic organs for those.
The Chairman further posited that, on the other hand, the Commission only has the power to combine or subdivide those divisions within neighbourhoods, and municipalities, to form constituencies.
“It follows therefore that the Commission can only exercise its powers after the Minister had demarcated and defined the boundaries of the electoral divisions within the local authority area. The Commission cannot ignore those divisional boundaries and arbitrarily set its own. The Commission’s constituencies must be based on and reference the boundaries of the electoral division that have either been combined or subdivided to form the constituencies.”
Addressing some existing concerns regarding the recently gazetted orders of the Minister, in which he made changes to the existing Local Authority Areas, and at the same time may have identified changes to those constituencies within the Local Authority Areas, the Chairman pointed out that those changes made to the boundaries and any changes to electoral divisions within those Local Authority Areas, are within the legal authority of the Minister.
She emphasised however, that if the Minister sought to form or change the configuration of constituencies within those areas, he would have usurped the power granted to the Commission to combine and sub-divide electoral divisions to form constituencies. If such were the case, the Minister would have acted outside of his legal remit.