By Suraj Narine
Alterations to the selection and appointment of Guyana Elections Commission (GECOM) officials can only be made by Constitutional Reform and are beyond the scope of the ongoing exercise geared at modifying the Representation of the People Act (ROPA), says Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall.
Since the issuance of the draft document for public consultation, the government has been on the receiving end of criticisms from several sections of society clamouring for the composition and selection of GECOM officials to be tweaked. But the AG explained that such changes cannot be achieved through modifications to the ROPA. He, therefore, declared those critics as being ignorant of the subject matter and basic principles relative to law and constitutional reform.
Indeed, the Constitution provides for the mode of selection and appointment of the GECOM Chairperson and Commissioners, whereas the ROPA governs the electoral process from proclamation to the issuance of results. The government, he said, is focused on the latter, given the five-month delay, numerous litigations, at least one violent protest and rigging allegations that followed the March 2, 2020, General and Regional Elections.
“We have made it very clear that the reforms will not relate to Constitutional amendments [and] that these reforms would only be statutory reforms; meaning they are reforms that we are able, as a government, to pass with a simple majority in the National Assembly. Constitutional reforms are not the subject of this exercise,” he said.
The AG added that those ‘critics’ will be afforded an opportunity to suggest changes to GECOM when the Constitutional Reform process commences next year.
“That (changes to GECOM) is a system that can only be changed by constitutional reform because that is a matter that is provided for in the constitution. It is beyond the remit of this exercise to target constitutional reform. So, those criticisms of this exercise in so far as they relate to an advocacy for constitutional reform, those criticism are unfair and misplaced; they have no place in this process,” he said.
The proposed changes to the ROPA include life imprisonment and multimillion-dollar fines for those found guilty of tampering with elections.
