APNU+AFC proposal for biometrics voting unconstitutional
Chairperson of the Guyana Elections Commission (GECOM), Justice (Ret'd) Claudette Singh
Chairperson of the Guyana Elections Commission (GECOM), Justice (Ret'd) Claudette Singh

–GECOM Chair says

IN dismissing the A Partnership for National Unity + Alliance For Change (APNU)’s proposal that biometric systems be placed at polling stations, Chairman of the Guyana Elections Commission (GECOM), Justice (Ret’d) Claudette Singh has ruled that this goes against the Constitution as was made clear in the Esther Perreira judgement and will disenfranchise voters.

Details of Justice Singh’s ruling were included in a press release issued by GECOM in response to the publication of two separate articles by the Kaieteur News; one on December 8, 2022 with the heading “GECOM agrees to use electronic fingerprinting at the place of poll….” and the other on December 9, 2022, bearing the headline, “GECOM rules Local Govt. Minister has no power to demarcate boundaries.”

GECOM said that it is of “crucial importance” for the sake of clarity and to dispel misinformation that it responds.

It said that with specific reference to the call for introduction of a biometric identification system at every polling station, “the decision given by the Chairman [sic] was that if such a system were to be introduced at the place of poll as a requirement for persons to vote, persons will be unable to vote in that in any absence/failure of such a means of identification, and that this would be contrary to the Constitution, as was absolutely clear in the decision in the Esther Perreira case.”

Biometrics are defined as unique physical characteristics such as fingerprints and retina scans that could be used for automated recognition.

In referring to the Esther Perreira case, the Chairperson recalled that the decision established that in accordance with Articles 59 and 159 of the Constitution, once a person is 18 years and is registered that person is entitled to vote at an election.

“If, on the other hand, a biometric identification system was [sic] to be used as an alternative means of identification, so that persons will be permitted to be identified by additional means and be allowed to exercise their right to vote even in the absence of such biometric identification, then the introduction of biometric identification at the polling stations might be permissible. But this would simply be another means of identification for which the legislation does not currently provide, this will require legislative amendment,” Justice Singh said.

Notwithstanding her considerations, the Chairperson was very clear that she does not support the
calling for legislative provision to be made before a feasibility study is done to assess whether the introduction of biometric identification at polling stations is something that can be done effectively.

Senior Counsel Ralph Ramkarran has advanced similar arguments, while insisting that such a move will be unconstitutional.

On his blog, “The Conversation Tree,” he recently made it clear that there is no legal basis for the party’s position and moreso, that the current electoral systems are almost fraud proof.

He cited Article 59 which speaks about the right of every citizen 18 years and over to vote. He has concluded that the Opposition’s proposal would be unconstitutional. He also stated that should it be implemented, non-residents will be robbed of their constitutional right.

“The Opposition has not explained, having regard to the Esther Perreira case, how it will overcome the unconstitutionality of a fingerprinting law, which will provide an obstacle to voting, just as the voter identification law did,” he said, before questioning whether the Constitution should be amended “in this political atmosphere.”

Meanwhile, on the other matter, in giving her decision on whether the Minister of Local Government acted in contravention of the law, the Chairperson explained that the powers given to the minister and the commission are different and not in conflict.

According to the release, she explained that the minister has the power to divide Guyana into areas as provided for, considering the factors specified by Article 72(2) of the Constitution in defining the boundaries of those areas. This includes the power to define and/or modify the boundaries of neighbourhoods and people’s co-operative units within those neighbourhoods, and the establishment of local democratic organs.

The Chairperson further posited that, on the other hand, the commission has the power to only combine or subdivide those divisions within neighbourhoods, and municipalities, to form constituencies.

“It follows therefore that the commission can only exercise its powers after the minister had demarcated and defined the boundaries of the electoral divisions within the local authority area. The commission cannot ignore those divisional boundaries and arbitrarily set its own. The commission’s constituencies must be based on and reference the boundaries of the electoral division that have either been combined or subdivided to form the constituencies,” the release added.

Addressing some existing concerns regarding the recently gazetted orders of the minister, in which
he made changes to the existing Local Authority Areas, and at the same time may have identified
changes to those constituencies within the Local Authority Areas, the Chairperson pointed out that
those changes and any changes to electoral divisions within those Local Authority Areas, are within the legal authority of the minister.

She emphasised however, that if the minister sought to form or change the configuration of constituencies within those areas, he would have usurped the power granted to the commission to combine and sub-divide electoral divisions to form constituencies. If such were the case, the minister would have acted outside of his legal remit.

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