The test of good faith
Opposition Leader Bharrat Jagdeo and President David Granger are expected to meet this week on the appointment of a chairman for the Guyana Elections Commission (file photo)
Opposition Leader Bharrat Jagdeo and President David Granger are expected to meet this week on the appointment of a chairman for the Guyana Elections Commission (file photo)

— Jagdeo under pressure to abide by consensual approach to appointment of GECOM chair

— President urges cooperation, good faith

WITH mounting calls from civil society for the country’s leaders to quickly find a solution to the current political impasse, Leader of the Opposition, Bharrat Jagdeo will be hard pressed this week to cooperate with President David Granger to urgently arrive at a list of six nominees for the critical post of Chairman of the Guyana Elections Commission (GECOM).

In handing down the consequential orders last week Friday, President of the Caribbean Court of Justice (CCJ), Adrian Saunders said:

“It is now a matter of the greatest public importance that the President and the Leader of the Opposition should, as soon as possible, embark upon and conclude the process of appointing a new GECOM chairman. This imperative is now of the utmost urgency in light of our decision in the no-confidence motion cases, that the motion was validly passed, thereby triggering the need for fresh general elections,” Justice Saunders said.

President Granger, while reiterating his commitment to the holding of credible elections in the shortest possible time, said it is imperative that a chairman of GECOM be appointed, and that such an appointment could be done by Monday, if the Opposition acts in a consensual manner.

Hours after the CCJ urged that the President and the Opposition Leader appoint a chair of GECOM as a matter of greatest public importance, President Granger, in an address to the nation on Friday, took note of the CCJ’s pronouncement that he and Opposition Leader Bharrat Jagdeo should conclude the process of appointing a new GECOM chairman, so as to facilitate the conduct of early credible elections.

“Guyanese, it is clear that elections have to be held in the shortest possible time, and, therefore, it is crucial to appoint a chairman of the Elections Commission. This could be done as early as Monday, if the Opposition Leader is prepared to act in a consensual manner and in good faith,” President Granger told the nation.

The head of state explained that he met the Opposition Leader on July 4 in good faith, and together they had agreed on a process that would have produced six names for formal submission to him, but said the Opposition has since breached that agreement.

“Representatives of both the Government and the Opposition have met three times this week. However, that good faith has not been reciprocated by the Leader of the Opposition,” the President said.

President Granger had appointed Vice-President and Minister of Public Security, Khemraj Ramjattan; Minister of Public Health, Volda Lawrence; and Director-General of the Ministry of the Presidency, Joseph Harmon to consult with the Opposition-appointed team. That team included Members of Parliament, Gail Teixeira, Anil Nandlall and Bishop Juan Edghill.
While the President’s team successfully shortlisted five names from a list of 11 resubmitted by the Leader of the Opposition after extensive consultation, the Jagdeo-appointed team refused to consider the eight nominees proposed by President Granger for the position.

It was expected that the teams would have selected six names from the consolidated list of 19 for consideration by the Opposition Leader before a formal submission is made to the President, but the process was sent back to the two leaders due to the stance of the Opposition. A total of 13 names are now up for consideration; five of which were shortlisted from the Opposition Leader’s list, and eight proposed by the President.

“It was my hope that the two sides would have been able to hammer out the list of six nominees in accordance with the CCJ guidelines,” President Granger said.
He added: “It is unfortunate that, despite the meetings between the two sides, the Leader of the Opposition rejected the idea of acting in a consensual manner. He chose to put forward candidates for the post who have been rejected previously.”

While reiterating the importance of holding elections at the shortest possible time, the head of state maintained that the Opposition Leader must act in good faith.

FLAWED
On June 18, 2019, the CCJ ruled that the process of appointing Justice (ret’d) James Patterson back in October 2017 was flawed. It called on the President and the Opposition Leader to consult on the names of six nominees for the chairmanship of the Elections Commission before a formal submission is made to the President.

Paragraph 26 of the ruling states: “The Court decided that the most sensible approach to operationalising the Article was for the Leader of the Opposition and the President to communicate with each other, in good faith, and perhaps even meet to discuss eligible candidates for the position of chairman before a list is formally submitted. The aim of these discussions must be to agree (to) the names of six persons who fit the stated eligibility requirements, and who are not unacceptable to the President.”

It was on that basis that the two leaders met and subsequently appointed their teams to “hammer out” the nominees.

Meanwhile, in weighing-in on the matter, the Ethnic Relations Commission (ERC) has said that in light of the rulings and consequential orders, it is clear that a political solution has to be found.

“Therefore, in the best interest of our dear nation and its people, the ERC urges the political leadership to meaningfully engage each other to derive the much-desired and mutually-agreed solutions, so as to break the current impasse.”

The ERC said it is imperative that this be done soonest, in an atmosphere of respect with unfettered determination by all parties involved, to put the welfare of Guyana and Guyanese above any semblance of partisanship.

“The ERC is not unmindful of the focus upon our country. While the situation is not devoid of challenges to both sides of the political divide, Guyanese have been, and continue to be, resolute in carving necessary ways and means to overcome hurdles encountered. The lessons therein are invaluable.”

OPTIMISTIC

The Commission said it remains optimistic that with magnanimity and the placement of the nation’s welfare foremost, the current political situation would be resolved.

“The ERC, like all Guyanese, is heartened when both sides engage each other in search of a way forward. Success, through the efforts of working together, therefore, becomes the only option,” the body said.

It added that the situation is apt for a demonstration of willingness from both sides to genuinely work together in pursuit of a common national goal. The ERC also affords the opportunity to show and convince that Guyana, through its entrusted political leadership, can deliver that common desire by resolving issues amicably.

“That will undoubtedly precipitate a positive impact for harmony and good relations among our Guyanese brothers and sisters, not the least, the political leadership in which we repose,” the Commission said.

On its part, the Private Sector Commission of Guyana (PSC) said it has noted with great concern the recent consequential order following the final ruling of the CCJ on June 12, 2019, with respect to the no-confidence vote against the Government on December 21, 2018, which was validly and properly passed.

The umbrella business body said that in view of the given political and constitutional circumstances, it wishes to register its position, having the highest regard for the respect of the Constitution and the rule of law and order, for the President and Opposition Leader to appoint, as a matter of urgency, a chairman for GECOM from the list submitted by the Leader of the Opposition.

“Within the spirit of the orders of the CCJ, the PSC, therefore, expects the President, GECOM, and all the political actors to act responsibly by adhering to the Constitution and the ruling of the CCJ,” the PSC said.

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