By Lisa Hamilton

WITH 115 days since the March 2, General and Regional Elections, the diplomatic community, including the Organization of American States (OAS), is calling on the Guyana Elections Commission (GECOM) to declare results which reflect the will of the people, following the outcome of the Caribbean Court of Justice (CCJ) appeal.

On Tuesday, a joint statement came from Ambassador of the United States (U.S.) of America, Sarah-Ann Lynch; the British High Commissioner, Greg Quinn; the Canadian High Commissioner, Lilian Chatterjee and the Ambassador of the European Union  (EU), Fernando Ponz-Canto.

The four diplomats said that they are concerned that more than 100 days have passed since the elections and a declaration of the results has not be made.

While applauding Guyanese for remaining patient and peaceful during the ongoing electoral impasse, the diplomats upheld the position of the CARICOM Observation Team that nothing witnessed during the physical recount warrants a challenge and that “the recount results are acceptable and should constitute the basis of the declaration of results of the March 2, 2020 elections.”

“It is important in our view that every vote, cast by every voter, be reflected in that declaration, in order to ensure that the will of the people of Guyana is respected. That respect includes an election declaration of results that mirrors the order and integrity displayed by the people of Guyana, GECOM and party officials, as witnessed by domestic and international observers during the 2nd March General and Regional Elections,” the statement outlined, adding:

“Pending the outcome of the appeal to the CCJ, we trust GECOM to meet its constitutional duty to issue a declaration on the basis of the results of the Recount as confirmed by CARICOM, to ensure the democratic choice of the people is fulfilled.”

The most recent development in Guyana Elections includes an order by the CCJ, on Tuesday, instructing GECOM to halt the electoral process pending its decision on whether or not the Court of Appeal had jurisdiction to interpret Article 177 (2) (b) of the Constitution to mean “more valid votes are cast.”

Following the Court proceedings, Chief Elections Officer (CEO), Keith Lowenfield and GECOM will have clear guidance on how they are to treat with the declaration of the elections.

Apart from the contention on whether the Appellate Court has jurisdiction, the country’s main Opposition, the People’s Progressive Party/Civic (PPP/C), is contending that the ballots as counted during the first phase of the recount process should be declared and any alleged or evident irregularities or anomalies should be taken up by election petition after the declaration.

On the other hand, the governing APNU+AFC coalition is contending that the Order which paved the way for the national recount mandated that the ballots issued be reconciled with ballots cast based on a number of statutory documents. The absence of many of such documents during the physical count has resulted in the party’s argument that over 200,000 ballots have been compromised and cannot be validated.

Also commenting on Guyana’s electoral process, which has been paused, the OAS said that it believes that GECOM is already in possession of “valid votes” as cast on March 2, 2020 and those who wish to challenge this should do so by way of election petition.

In a release on Tuesday, June 23, 2020, the OAS said while its General Secretariat advocates for the right of all citizens to access electoral justice, it believes that there is a fine line between the right to redress and the use of the courts to “stall the electoral process.”

“GECOM is therefore already in possession of a result based on the valid votes cast on March 2, 2020, through a recount exercise that was approved by all stakeholders. In these circumstances, the OAS General Secretariat expects that anyone who wishes to challenge the validity of any of these votes should do so through an election petition filed in the High Court, after GECOM declares the election result based on the recount data,” the OAS stated.

It believes that Guyana’s 2020 elections have been reviewed repeatedly and extensively by both national and regional courts and OAS observers were also present for the determination and tabulation of the total valid votes cast in each Region.

The OAS added: “It is undeniable that this election has gone on long enough. The process in Guyana must be brought to an end, based on the results of the national recount, and with respect for the will of the majority of the electorate. The OAS remains committed to the strengthening of democracy in Guyana, hoping for a just and fair conclusion of the current process.”