Consolidating Democracy

DEMOCRACY and the rule of law are the twin pillars of all civilised and modern societies. These are the bases of rule without which society can easily degenerate into anarchy and in the words of the English philosopher Thomas Hobbes, there could be a situation of a ‘war of all against all.’

This is why it is so important to ensure that our democracy is fully institutionalised and consolidated. Our past experiences have demonstrated the fragility of our democracy and the extent to which it could be manipulated and subverted by power-hungry elements.

For over two decades, Guyana suffered from the stigma of undemocratic rule with disastrous consequences to the economic and social life of the Guyanese people. All elections from 1968 to 1985 were massively and blatantly rigged by the then PNC regime in order to perpetuate its undemocratic rule. Guyana was made a laughing stock in the Caribbean and the country was ranked as one of the poorest in the western hemisphere.

Fortunately, all of that changed in the October 5, 1992 elections, which was the first free and fair elections in over two decades. That came about after much pressure from the international community, especially from the United States and other western powers and in particular through the instrumentality of President Carter and the Carter Centre, whose role in the restoration of democratic rule in Guyana is legendary.

After much arm-twisting by the Carter Centre, Hoyte finally agreed to a number of electoral reforms including the counting of votes at places of poll, after initially deeming it a ‘logistical nightmare.’ A new formula for appointment of the GECOM Chair was put in place, which former President David Granger attempted to jettison and which thankfully was overruled by the Caribbean Court of Justice (CCJ).

Elections since October 5, 1992 have generally been free and fair except for the March 2020 General and Regional elections when renewed efforts were made to rig the elections. Anyone who thought that rigged elections were something of the past were given a rude awakening when the APNU+AFC Coalition attempted to steal the elections literally in broad daylight.

It is in the context of the foregoing that the proposed amendments to the Representation of the People Act (RoPA) have to be seen and appreciated. The proposed amendments currently in the public domain for review and feedback are intended to ensure that there is no recurrence to that disgraceful past. Among the proposed amendments is that all Statements of Poll (SoP) must be promptly certified and posted on the Guyana Elections Commission’s website by the Chief Elections Officer (CEO). It outlined that the CEO would be committing an offence should he or she post or cause to be posted an electronic copy of a Statement of Poll that is not a true copy of the certified SOP delivered to him, or that contains a false statement. Such a breach could see the CEO being liable on summary conviction to a fine of 10 million dollars and to imprisonment for life.

Similar consequences are also applicable in cases where the CEO fails to calculate the total number of votes on the basis of information contained in the District Tabulation Forms, which are the only basis for the calculation of votes. Presiding Officers who fail to execute their functions in accordance with the law could also face hefty fines and imprisonment.

These amendments are by no means far-fetched and have become all the more necessary in light of what transpired in the last General and Regional Elections. It is unfortunate that GECOM, the constitutional body responsible for conducting elections, had allowed itself to be so compromised as to render it necessary for such amendments to be enshrined in our laws, but it has to be done to protect the integrity of the commission and more importantly the will of the Guyanese electorate from being subverted by unscrupulous politicians in collaboration with rogue elements in the GECOM secretariat.

Experience, it is said, is a good teacher. If there is one lesson to be learnt from the March 2, 2020 National and Regional elections, it is that when it comes to free, fair and transparent elections, nothing can be left to chance and that all possible avenues for fraudulent practices should be scrupulously examined and preventative measures put in place to the full extent of the law.

 

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