THE Guyana Human Rights Association (GHRA) has opposed President David Granger’s decision to unilaterally appoint Justice James Patterson Chairman of the Guyana Elections Commission (GECOM).

The organisation is claiming that the abandonment of the constitutionally agreed process for selecting a new Chairman has plunged Guyana once again into an election-driven crisis.
On appointing Justice Patterson on Thursday evening, President Granger said that in light of Opposition Leader Bharrat Jagdeo’s failure to present him with an acceptable list of names, he decided that it would be in the public interest to resort to the proviso in the Constitution under Article 161:2, which permits him to act independently and appoint a person of the judicial category to be chairman of the elections body.
But the GHRA is up in arms against the President’s decision. “The decision by President Granger to set aside the constitutionally agreed process revives memories of the previous PNC-led administration which, due to its flagrant rigging of elections, cemented Guyana’s reputation as the democratic pariah of the Caribbean during that period,” the human rights body stated.

It expressed disappointment that both the government and the opposition would subject the country to “a prolonged, ethnically fuelled electoral campaign, sharpened by the winner-takes-all oil-and-gas bonanza.”

“Whatever frustration the President may have endured over the more provocative inclusions on the lists presented by the leader of the opposition,” the organisation said, “he must now bear responsibility for what the country will have to endure over the next three years.”
The association also took note of the manner in which the announcement was made, and the alacrity with which the swearing-in ceremony was done.
“Both the selection and the manner of its announcement raise disturbing questions about President Granger’s intentions with respect to national elections,” the organisation opined, adding:

“Rejection of the constitutionally agreed process would have been hazardous, even if the person selected possessed impeccable credentials obvious to all.”
Noting that the arbitrary selection of Justice Patterson leaves much to be desired, the GHRA said:

“He attracted public notice for his involvement in the politically controversial Maurice Bishop murder trial in Grenada, and his record of public service, senior management or promotion of democratic standards and practices is unknown. This calls into question whether he is indeed a more ‘fit and proper person’ than many of those on the three lists submitted by the leader of the opposition.” the GHRA further added.
President Granger has, however, made it clear that he acted constitutionally, and Justice Patterson is a “fit and proper person.”

In March, the President had pointed out that Article 161 (2) of the Constitution of Guyana states that “Subject to the provisions of Paragraph (4), 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…”
Businessman Marcel Gaskin had, however, approached the High Court to interpret the Article, which resulted in the acting chief justice confirming that the President, acting on his own deliberate judgment, must determine whether a person is ‘fit and proper.’
Justice George-Wiltshire, in her ruling, advised that there is no legal requirement for the President to state reasons for rejecting a list.

That aside, the GHRA outlined that the membership of GECOM is formed by three nominees from each of the two major parties. The chair is elected indirectly by a process in which the leader of the opposition proposes names from which the President selects the chair.
In Jamaica, the Elections Commission of Jamaica comprises eight Commissioners, two each drawn from the two main political parties and four nominated and appointed by the Governor-General from civil society, the association further pointed out as it a drew a comparison between the two CARICOM countries. The eight commissioners, the organisation says, appoint their own chair from among their number. The commissioners also nominate a director of elections, who is then appointed by the Governor-General and is entirely responsible for the conduct of elections.
The director has the status of a commissioner and has a vote on the commission.