Commonwealth urges GECOM to conduct recount within the confines of the law

THE national recount of the ballots cast at the March 2020 elections must be done in strict accordance with the relevant provisions of the Representation of the People Act, the Commonwealth Election Observer Group has said.

Led by former Prime Minister of Barbados, Owen Arthur, the Commonwealth Electoral Observation Mission, in a statement on Wednesday, said it has taken note of the Guyana Elections Commission’s (GECOM’s) decision to facilitate a recount of all the ballots cast in the 10 Electoral Districts of the country. Such a process, the mission posited, must be done in accordance with the Representation of People’s Act.

Notably, the Chairman of GECOM, Justice (Ret’d) Justice Claudette Singh, in announcing the commission’s decision to facilitate the recount, said such decision was taken against the backdrop of Article 162 (1) (b) of the Constitution of Guyana, which mandates the commission to “take such action as appear to it necessary or expedient to ensure impartiality, fairness and compliance with the provisions of the Constitution.” Further to that, on Wednesday, GECOM Commissioner, Vincent Alexander, said while the recount is not provided for under the Representation of the People Act, the Elections Commission has agreed that it would rely on Sections 83, 84, 87 and 89 (1) of the Act for guidance in the execution of the national recount.

But according to the Commonwealth Elections Observer Group, the Representation of the People Act is “unambiguous” and sets clear guidelines on the technical modalities by which a general final count is bound. “…We strongly urge the leadership of GECOM not to depart from these legal stipulations,” the Commission EOM urged.

Further to that, the Commonwealth Mission underscored the need for the process to be transparent. “It is imperative [that] 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,” the Arthur-led mission said.

The Elections Commission committed to facilitating a national recount after the People’s Progressive Party/Civic (PPP/C), through its supporter, Reeaz Holladar, filed a series of legal proceedings against GECOM and its functionaries on the grounds that the tabulation of the Region Four votes was flawed.

The Commonwealth EOM posited that the electoral challenges facing Guyana is compounded by the coronavirus (COVID-19) global crisis. “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,” it said.

Nonetheless, it commended the people of Guyana for peacefully exercising their right to vote for the government of their choice on March 2. “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,” the observer group said.

The Commonwealth Elections Observer Group’s statement came one day after the Organisation of American States (OAS) Electoral Observation Mission (EOM) expressed similar sentiments.

While expressing deep concerns over the delay in the declarations of the results, the OAS challenged GECOM to ensure that the procedures for the national recount are transparent and consistent with the Electoral Laws of the country. Instructions to election officials conducting the recount, the OAS EOM said must be unambiguous and based on the provisions of the appropriate electoral laws.

The OAS EOM Chief of Mission, former Prime Minister of Jamaica, Bruce Golding, said it is unfortunate that to date, an accurate and credible result that would allow a duly-elected government to assume office has not been determined. He said the electoral challenges facing Guyana come at a time when the country and the world at large are facing deadly pandemic. “This is especially regrettable in light of the global health crisis that requires every government to take decisive actions and to be able to command the confidence of its people in order to mobilise them in thwarting the spread of the coronavirus,” Golding said.
However, with GECOM announcing that a national recount would be conducted to erase all doubts and boost the country’s confidence in the process, OAS is hopeful that requisite systems would be put in place to prevent the process from being compromised.

“In particular, the mission requests GECOM take particular care to ensure that: the officials to be engaged in the recount are selected based on their impartiality and those who have displayed partisan behavior are excluded; the duly authorised representatives of political parties and accredited observers are allowed to see (but not handle) each ballot and the legal provisions for challenging the determination of ballots are fully respected,” Golding said Further to that, the OAS EOM Chief said GECOM should ensure that an ascertainment is made as to whether the number of ballots cast corresponds with the number of persons recorded as having voted. Additionally, it said that the result of the recount for each polling station should be compared with the statement of poll signed by the presiding officer.

Iterating its earlier position, the OAS EOM said that the casting and counting of ballots on March 2 was conducted in a peaceful and transparent manner, however, the process deteriorated during the tabulation of the Region Four Statements of Poll.

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_04_17_2020