–Political scientist says enough anomalies uncovered to warrant thorough investigations
THE irregularities uncovered thus far are enough to call into question the credibility of the Elections, Political Scientist, Dr David Hinds, said while indicating that the Guyana Elections Commission (GECOM), under the Constitution and Elections Law (Amendment) Act, has the authority to investigate the anomalies ahead of the declaration of the results of the General and Regional Elections.
While Article 162 empowers the Elections Commission to take necessary actions to ensure impartiality, fairness and compliance with the Constitution and the Electoral Laws, the Opposition, in referencing to Article 163, has maintained that only the High Court has jurisdiction to investigate cases of irregularities and or electoral fraud.
Since the commencement of the National Recount on May 6, the A Partnership for National Unity + Alliance For Change (APNU+AFC) has alleged that there are over 2,000 anomalies that have affected more than 90,000 of the votes cast at the March 2 General and Regional Elections. On May 26, APNU+AFC contended that 1,261 persons voted in the place of migrants while 315 Certificates of Employment were missing in addition to 284 poll books.
Added to that, it alleged that 143 persons, who had no form of identification, voted without taking an Oath of Identity; while 40 persons voted in the place of dead persons. At the time, there were reportedly 40 unstamped ballots and seven missing Official List of Electors (OLEs). These numbers, the APNU+AFC said, have since increased.
Enough irregularities
“I think the irregularities uncovered thus far are enough to call into question the credibility of the elections. You simply cannot have a credible outcome if the process is as compromised as we are finding out. The numbers cannot be right if the process is wrong. It is as plain and clear as that,” the Political Scientist told Guyana Chronicle on Saturday.
According to him, the irregularities uncovered thus far warrant a thorough investigation by the Elections Commission, noting that they simply cannot be ignored. “If it could, as the court has said, look into the complaints about the tabulation of Region 4 votes, then it can investigate and pronounce on other forms of inconsistencies,” Dr Hinds submitted. In part, it was claims of electoral fraud allegedly committed by the Region 4 Returning Officer, Clairmont Mingo that led to the National Recount.
Credibility
While dismissing claims that the recount is merely numerical, the Political Scientist said the primary purpose of the National Recount is to determine the credibility of the Elections, and as such, anomalies and discrepancies ought to be investigated.
“Was the electoral process a credible one? You can best determine that by a comprehensive look at how the electoral architecture was or was not manipulated by persons and forces entrusted with ensuring fairness,” he said while noting that the recount itself is a very expansive investigation.
“So, you do not go through a recount and then at the end of the process say it’s not my duty to pronounce on what I find—leave it to a petition. GECOM cannot do investigation for the court—its investigation is to satisfy its own needs,” Dr. Hinds further stated. He submitted that it is hypocritical to talk about democratic outcomes when the process is undemocratic.
While Elections Commissioner Vincent Alexander has said that GECOM, in initiating an investigation into the claims made by the APNU+AFC, sought immigration records from the Chief Immigration Officer, another Commissioner Sase Gunraj has said that no such investigation has commenced. Gunraj, on Friday, iterated a long held position that it is outside of the jurisdiction of the Elections Commission to facilitate an investigation into the alleged cases of irregularities and electoral fraud. On Saturday, while expressing concerns over the statements made by Alexander, A New and United Guyana (ANUG) Executive Member, Kian Jabour, also contended that GECOM does not have the power to investigate the claims made by APNU+AFC.
“ANUG goes further to point out that the conduct of a trial to receive evidence from external sources to ascertain the truth of the APNU claims that GECOM’s records of what transpired on Elections Day and who voted on that day is beyond the ambit of GECOM’s functions, even if the Secretariat had not unlawfully gone on its own frolic but was acting with GECOM’s instructions. Such instructions would be unlawful,” Jabour told the Chair of the Elections Commission, Justice (Ret’d) Claudette Singh in a letter dated Saturday, May 30, 2020.
However, should the Elections Commission proceed with the investigation, it would find itself in a difficult situation if that investigation confirms the claims of the APNU+AFC, Dr Hinds said.
“It cannot use the numbers from the recount to declare a winner. That would violate the recount order. So, that is not an option for me,” the Political Scientist reasoned.
Were it up to him, the Elections would be vitiated if it was found that there was electoral fraud. “My own preference is to vitiate the elections. It would be a fair political outcome. Since it would in effect be a draw, neither side could claim victory. This. I think would ease the simmering tensions in the society and allow the citizens some breathing space as the leaders contemplate the future,” he reasoned.
Dr Hinds added: “It could also allow the opportunity to repair the leaks and gaping holes in the electoral system from the voters list to the other anomalies uncovered by the recount. It could also create some space for the leaders to sit and talk about our larger problem and how to begin to reconcile our differences. Such a process would be enhanced in an environment of joint governance, but that should not be a prerequisite.”
Dr Hinds said, however, that he would understand if GECOM refuses to vitiate the election. “It may be hesitant to enter unchartered waters. The last and only instance a Guyanese general election was vitiated was the 1997 election and that was done by the court. In any case it came too late to have any political effect,” he posited.
According to him, if GECOM chooses not to vitiate the elections, then it would be left with no other choice than to use the declarations by the Returning Officers of the 10 Regions to declare a winner. “I admit it would not be a universally popular outcome but that is where the logic takes us,” Dr Hinds said.
Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_5-31-2020