Govt proposal for RoPA amendment affects GECOM flexibility

Jun 10, 2022 News

– Not addressing core issues; Opposition, small parties, civil groups insist 2020 COI still relevant

By Zena Henry

The Guyana Elections Commission (GECOM) has not yet discussed the government’s proposed amendments to the Representation of the People Act (RoPA), but already Opposition Commissioners have objections to some of the new recommendations, which they described as “excessive and draconian”.

Some small parties still waiting for COI into 2020 elections

The main Opposition is adamant too that some of the new proposals are already performed administratively by GECOM, but most importantly, do not impact core issues such as the bloated voters list and the implementation of mechanisms that secure the electoral process against voter impersonation.
In an invited comment, A Partnership for National Unity+ Alliance for Change (APNU+AFC) Commissioner, Vincent Alexander told the Kaieteur News that it is unclear when the Commission would be looking at the government proposals, but objections would be registered when that time comes. Alexander reiterated the opposition’s position that following the fiasco of the 2020 elections, the approach to strengthening the country’s electoral system should be a “holistic” one despite government’s claim that only statutory changes will be made to the legislation.
The government has proposed for the RoPA, life imprisonment and a 10 million dollar fine for any Chief Elections Officer who posts false statements of poll. They proposed jail time, fines and other penalties for presiding officers, and agents who act outside of their purview, while offering numerous new procedures to be followed by presiding officers and others after the counting of votes at polling stations.
Alexander noted however that what the government proposes to make law, but is administratively conducted by GECOM, could now affect the agency’s flexibility by confining its actions regardless of situations that may arise. The “draconian” proposals that seek to imprison GECOM officers and agents for long periods denote the state’s disposition to offences as opposed to guilt. It does not cater for questions on the individual’s mental, intent or situation at the time, Alexander indicated. He charged nonetheless that some of the fundamental issues raised by the Opposition have been on the table for years, such as the bloated list. The government’s proposal, therefore, is peripheral with little impact on the main issues. He said that despite these important issues, it appears any amendment to the RoPA will be centred on what the government is proposing.
One foreign observer had described the five month long 2020 election stalemate as a, “…transparent effort to alter the election”. Local observers, civil society and some political parties have called for a comprehensive review of the 2020 events.
Kaieteur News reached out to several small parties who contested the last election that reiterated their support for a Commission of Inquiry (COI) given government’s recent statement that it had set the matter aside because the “guilty” individuals are already before the courts and that they would use their cases to not partake in the inquiry.
Deputy Speaker of the National Assembly and Leader of the Liberty and Justice Party (LJP) Lenox Shuman limited his comment because of his current position as deputy of the National Assembly, but registered his support for the holding of a COI into the 2020 elections fiasco. He said that the COI is important to understand and prevent what happened in 2020, but consideration must also be given to current situation where the court has been involved. Shazaam Ally, General Secretary for the Citizenship Initiative, also believes that a COI into the 2020 election should have already been conducted. He told the newspaper that following the 2020 elections, the Citizenship Initiative, as a collective, had decided on supporting the COI since it would be useful for citizens to understand what took place. Ally also highlighted support for the move that is being made by civil society group Article 13, to have international missions raise their voices in support of a COI.
United Republican Party’s (URP) presidential candidate Vishnu Bandhu also supported the call for a COI to be conducted into the 2020 matter. He told the kaieteur News that the government ought to have conducted the COI already since it was promised to the nation. “They should have done so long after it was promised. They can’t say now that they are not interested when it was promised. It’s an important matter.” Bandhu told the newspaper.
Chairman of A New and United Guyana (ANUG), Timothy Jonas does not believe, however, that COI, “will heal the hurt” citizens experienced at the 2020 polls. He opined that regardless of what is done, party loyalists will not be moved by a COI, the High Court or any such forum if the results are not in their favour. Jonas believes that the ongoing court matters could shed some light of the 2020 events since a COI could carry some powers as a court.
The government released the proposed amendments to the RoPA last year and had set a six-week period for review, comment and propose additional amendments. The time has elapsed, but consultations continue, the government stated.