— Ramkarran urges Gov’t, Opposition to arrive at consensus candidate for GECOM chair

CITING the responsibility of the country’s leaders to rise above their differences and agree on a Chair of the Guyana Elections Commission (GECOM), public commentator Ralph Ramkarran believes the powers that be can “informally” discuss the possible names for the post outside of their constitutional mandate.

Writing on his weekly blog, ConversationTree.gy, Ramkarran said that while the formula for selecting a chair is constitutionally enshrined and that must be formally adhered to, he said that the prerequisite does not exclude the leaders from informally suggesting names, one of which can be placed on the list of nominees.

“However, the sense is that informal discourse outside constitutional obligations is not indulged in,” he noted.

According to the Former Speaker of the National Assembly, if the situation arises in which the President seeks to appoint a Judge, a former Judge or a person qualified to be a judge, Guyana’s entire future as a democratic polity, with accompanying challenges, will be in jeopardy.

He added that the unwritten rule that fundamental changes to electoral practices since 1992 should not be undertaken without broad consensus, must not be allowed to fall apart. This is notwithstanding the letter of the law.

He said that the country has a long history of struggle for electoral democracy and the nation has seen firsthand, the devastating impact of manipulated elections on a country’s development and the psyche of a people.

He said it will take several generations in the future for the “suspicions and accusations” over elections to disappear, something he added the country can do without.

Since 1990, he said that there were many reforms, which in his opinion brought free and fair elections to the country. He said that the two most fundamental reforms which were agreed to by the relevant stakeholders were chair of the Elections Commission, as well as the counting of the votes at the place of poll.

In addition, he noted that several other laws, regulations and practices supplemented the two main reforms, noting that these were agreed to between the two main political parties and these are included in the Constitution or in the Representation of the People Act.

NO DIFFICULTY
He said from 1992 there was no difficulty in agreeing to naming a GECOM Chair. He noted however, that the request in 1990 by Former US President Jimmy Carter from then Opposition Leader, the Late Cheddi Jagan for six acceptable names to take to President Hoyte brought forth Ambassador Rudy Collins as the first Chair.
He said Collins selection went unopposed by both the Opposition Leader and President and it became the constitutional formula. “It has never failed and four subsequent Chairs were agreed to under the formula”.

Ramkarran made reference to the move by President David Granger’s rejection of the list submitted by Opposition Leader. In January, the President made it clear that the six nominees of the Opposition Leader are not qualified based on the constitutional requirements.

Following a request from the President and consultations with stakeholders, Jagdeo complied and submitted controversial Indian rights activist, Rhyaan Shah, a two-time elections candidate for the People’s Progressive Party (PPP), Professor James Rose, Human Rights and Conflict Resolution Consultant, Lawrence Latchmansingh; business executive, Ramesh Dookhoo; former chairman of the Private Sector Commission, Major General (rtd) Norman Mc Lean; and Chartered Accountant, Christopher Ram.

The Head of State stressed that Article 161 (2) of the Constitution of Guyana states that the chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth, or a court having jurisdiction in appeals from any such court, or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President.
According to Ramkarran, the initial explanation by President Granger, which according to him “seemed to suggest that only a judge, a former judge or a person qualified to be a judge was qualified to be appointed” was wrong.
The Opposition appeared to have decided early on that the PPP/C will pursue the issue via the legal route and challenge the President’s interpretation of the constitutional provision on the appointment of a new chair.

QUALITIES OF NOMINEES
Following a meeting last Wednesday, it was reported that President Granger was expected to write the Opposition Leader within a week, outlining the qualities he expects in a nominee for the vacant post at GECOM.

Minister of State, Joseph Harmon, following the second round of meeting between the President and Jagdeo at State House, noted that the President will write a letter to the Opposition Leader to further guide his selection process, following which Jagdeo is expected to submit his new list.

Minister Harmon also said that while a date for the next engagement with the Opposition Leader has not been fixed, there is not going to be much delay in concluding the appointment of the new Chair of GECOM.