GECOM stands thoroughly discredited

Dear Editor,

GECOM has done a disservice to Guyana. From December 21, 2018, GECOM was effectively put on notice: (1) that it must be ready and prepared to hold elections within ninety days; (2) that it must immediately put into motion all acts required to ensure that it can fulfill its constitutional mandate; and (3) that notwithstanding (1) and (2) above, the result of Court decisions demands that the Commission be nimble in its decision making and preparedness.

The following facts are salient:

1. The Government of Guyana lost a vote of no-confidence on December 21, 2018.
2. On January 31, 2019 the High Court ruled that the no-confidence motion was validly passed.
3. On March 22, 2019, in a majority (2-1) decision bereft of reason and logic, the Court of Appeal overturned the High Court’s decision.
4. On June 18, 2019 the Caribbean Court of Justice (CCJ) ruled that the no-confidence vote was validly passed, thus triggering elections in ninety days.

GECOM derives its powers from the Constitution, and its legitimacy from the public’s confidence in its competence and impartiality. Today, GECOM stands thoroughly discredited. It was incumbent upon the bureaucracy that makes up the permanent Commission to initiate elections preparation from the date the no-confidence vote was passed. The Commission should have taken the public into confidence and advise that it stands ready and capable of fulfilling its constitutional mandate.

Cut to September 2019, almost ten months later, and readiness still eludes it. Had GECOM been running effectively, and I dare say, with sufficient independence, it would have been in a position to hold elections at the disposition of the cases at the CCJ. The politicking would not have impacted the Commission’s work. That it now requires a further five months indicates a deep rot, and systemic incompetence.

It is not a surprise that the Commission is hamstrung by the political appointees at the commissioner level. The current system was put in place because of a trust deficit and the legacy of rigged elections. As it stands, one faction wants elections strictly within the stipulated timeframe while the faction in power wants the process to drag on indefinitely. There will be vehement protestations at this characterization, but this is the reality. It is a direct result of the fractious politics in Guyana. Notwithstanding this, it behooved the Commission to keep itself in a state of readiness. The Commission, being permanent, is no stranger to these tussles, and should have the strength and competency to deal with it. Clearly, the former Chairperson’s management was a singular failure in this regard.

The current Chair, Justice (Ret’d) Claudette Singh, was presented with an unenviable task. Initial signals coming out of the Commission indicated resolute decisiveness. Unfortunately, the most recent communique that GECOM would only be ready for elections in February 2020 is shocking. This confirms the abject failure of the Commission to understand its constitutional mandate, and appreciate that its legitimacy rests in its execution of said mandate.

It is unreasonable for the public to accept that, after being put on notice in December 2018, the Commission is unable to execute its mandate within constitutional timelines. This extension directly impacts GECOM’s credibility which rests on: (1) the reasonable public seeing that it is competent and independent; and (2) the reasonable public accepting that it is capable of conducting credible and impartial elections. The Commission now stands diminished.

Yours faithfully,

Kowlasar Misir