GECOM clarifies issues on electronic fingerprinting and demarcation of boundaries for LGE

Dec 10, 2022 News

Kaieteur News – The Guyana Elections Commission (GECOM) on Friday sought to clarify two issues directly related to the holding of the upcoming Local Government Elections (LGE), namely the use of electronic fingerprinting at the polling place and the demarcation of boundaries for local government elections.

The elections authority in a press statement said that during its recent statutory meeting on Tuesday, its chairperson, Justice (Ret’d) Claudette Singh made no decision to use electronic fingerprinting equipment at the place of poll and pointed out that Local Government Minister Nigel Dharamlall was within his legal right to make changes to the boundaries of local authority areas.

In response to news articles published by this newspaper, GECOM said that 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 place of poll as a requirement for persons to vote, persons will be unable to vote in that in any absence/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.”

Referring to the Esther Perreira case, GECOM said its 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, so that 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.”

Notwithstanding her considerations, GECOM said its 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.

Commissioner Vincent Alexander had told this publication that the fingerprinting decision was “considered” and “agreed to in principle, subject to a feasibility study.” The newspaper had also reported that the Perreira case was the same reason offered by Vice President Bharrat Jagdeo when he expressed his party’s non-support for fingerprinting identification at the place of poll.

On the Minister’s demarcation matter, GECOM said that 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 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.

Further, Justice Singh said that 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, GECOM said that “the Chairman pointed out that those changes made to the boundaries of the local authority areas, and any changes to electoral divisions within those Local Authority Areas, are within the legal authority of the Minister. She emphasized 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, GECOM said that the Minister would have acted outside of his legal remit.

Alexander had said that it was agreed by all Commissioners that the Minister does not have the power to demarcate constituency boundaries, “and that whatever changes have been made, is null and void.”

He explained that GECOM, as the elections body, is responsible for issuing the List of Voters in keeping with legal constituencies. He said, “So, we can’t go ahead and issue a list on a constituency that he (Minister) has created. So, we have to go through our process, approve them and we will have the kinds of mapping on which to issue our list.”

GECOM has nonetheless decided on postponing Nomination Day, which was set for Monday to address issues concerning the Voters’ List.