Democracy on trial: Aftermath of the 2020 national and regional elections (Part III)

I am not sufficiently convinced that the results of the Region 4 elections as declared by the GECOM RO last Thursday (March 5th) accurately reflect the results recorded on the various statements of poll collected from the 879 polling stations…I have a difficulty accepting that all the persons and organizations who have so far deemed the process to lack credibility have somehow gotten it wrong…If our election results are as widely rejected as they appear likely to be, then there can be no winners. We all lose.

I am not attempting to convince anyone that my position is the right one. I’ve gone beyond that. I am also not condemning anyone for whatever position they may wish to take. Life is too short.

Elections 2020 has been a national embarrassment. If we cannot manage a simple election, how the heck do we plan to manage an oil economy? We seem to be doing everything possible to make up for the absence of natural disasters in this dear land of ours.

Dominic Gaskin, Former Minister of Business & senior executive of AFC

Last week, the President and the Opposition Leader agreed to an independent high-level CARICOM team to supervise the recount of all the votes cast in the 2 March 2020 elections. However,  GECOM staff would still be responsible for undertaking the recount.  The original count for Regions 1-3 and 5-10 went well and did not attract any adverse comments from the international observers and the political parties contesting the elections. They all appeared to be satisfied with the announced results. However, the same could not be said of Region 4 which accounted for 46 percent of the total votes cast, according to results announced on GECOM’s website. The concern therefore is the use of the same staff that produced results for Region 4 that were so flawed that all the international observers as well as the political parties (except APNU+AFC) refused to accept, suggesting that those results might have been severely tampered with.

The CARICOM team arrived on Sunday, 12 March 2020 and met the GECOM officials the following day to agree on the terms of reference for its engagement. GECOM indicated that all arrangements were in place and a signed aide mémoire involving the two leaders was being awaited. That mémoire was signed last Monday and the recount was to commence on Tuesday. However, an APNU+AFC regional candidate filed an application to stop the proposed recount. The High Court granted an interim injunction until an application is heard and determined. 

In view of this development, the CARICOM team departed the country last Tuesday but not before the Chair of CARICOM asserted that ‘[i]t is clear that there are forces that do not want to see the votes recounted for whatever reason. Any Government which is sworn in without a credible and fully transparent vote count process would lack legitimacy’.

Statement from the U.S. government

The US Secretary of State issued a stern warning that there will be serious consequences for persons engaged in electoral fraud and seeking to establish an illegitimate government:

The United States is closely monitoring the tabulation of votes in Guyana. We join the OAS, Commonwealth, EU, CARICOM and other democratic partners who are calling for an accurate count. We commend CARICOM’s role in seeking a swift democratic resolution and it is important to note that the individuals who seek to benefit from electoral fraud and form illegitimate governments/regimes will be subject to a variety of serious consequences from the United States.

Commonwealth Observer Group’s assessment of the elections

The Commonwealth Observer Group’s assessment of what transpired on 5 March and on the subsequent days, was that tabulation processes conducted by the Returning Officer (RO) for Region 4 were ‘not credible, transparent and inclusive’. The Group specifically cited the following:

►           There was repeated cessation of the tabulation process for a variety of ‘irregular’ reasons. However, no material or substantive impediments inside the tabulation room which might have prevented the resumption of the tabulation process, were observed;

►           The robust exchanges between political party agents in the room only occurred when the GECOM repeatedly halted the tabulation process;

►           At about 2.00 p.m. on 5 March, the RO for Region 4 unlawfully made a declaration although the tabulation process was halted. This declaration was made under heavy police guard, and the RO’s departure from the tabulation centre was ‘guided and guarded’ by six police officers;

►           The RO failed to comply with the Chief Justice’s 11 and 13 March ruling and orders although the latter specifically stated that actual statements of poll should be shown to entitled parties present;

►           On resuming the tabulation after leaving the Court on 13 March, the RO refused all requests from those entitled to be present to view the actual statements of poll and did not display the spreadsheet that was being tabulated. This compromised the process of ascertaining the credibility of the statements of poll relied on by the RO to tabulate the results. It was therefore impossible for party agents and those entitled to be present to observe that the numbers being called out were being accurately entered on the spreadsheet;

►           In some cases, the tabulation totals announced by the RO on 13 March reflected more voters than were entered on the list of eligible electors for certain polling stations; and

►           At no point did the leadership of the GECOM halt or rectify these blatant instances of disregard for the rule of law and electoral ethics, despite its vested authority to independently ensure credible elections;

The Group indicated that it would submit a full report to the Secretary-General, who would in turn forward it to the Government of Guyana, the Chairperson of GECOM, leaders of political parties and all other 53 Common-wealth Governments.

Former GECOM Chairman’s appeal to the President

Former GECOM Chairman Ret’d Major-General Joe Singh appealed to the President to call off ‘the “Dogs of War” and excise them condignly from wherever they are hatching their moves and counter moves’. He suggested that the President was being manipulated by persons who do not have the best interest of the country but ‘their own ‘personal and collective goals, unbothered by the catastrophic impact their actions to date are having on national morale, on the fears and anxieties of all Guyanese, whether or not they are supporters of your political party’.

Mr. Singh stated that the electoral process reflects the will of the people, and democratically held elections, managed through processes that reflect transparency, integrity and adherence to the rule of law and to the Constitution, are indispensable in achieving this outcome. He referred to the events subsequent to 2 March which in his view degenerated into ‘a “witches” brew of mismanagement by GECOM, misinformation, threats, violence, excessive use of force, manipulation of officers and ranks, and propaganda spun by spin doctors weaving a web of deceit’.

Referring to the invitation to CARICOM to field a high-level team to supervise a recount of the votes, Mr. Singh asserted:

That such a commendable initiative should be stillborn as a result of an Injunction originating from your own party, sends a worrying message that either you are being Machiavellian, or being manipulated, or you have simply lost control over the actions of members of your own inner circle.

Former Foreign Affairs Minister’s appeal to the President

Former Foreign Affairs Minister Mr. Rudy Insanally appealed to the President to honour his promise for a recount of the votes. He warned of the ‘serious consequences and repercussions’ should the international community invoke sanctions on the country:

As we have seen, governments and individuals who refuse to comply with the rules and norms of responsible governance are routinely condemned by others – both states and international organizations – and face the sanctions reserved for those found guilty of `non-compliance.’ Unfortunately, the weight of these sanctions is hardly felt by the rich and the powerful; who have the resources to withstand the impact of the measures imposed; rather, it is the poor and disadvantaged people of our country who must suffer the consequences of malfeasance by their rulers.  Increasingly, some of the transgressors have been hauled to The Hague for trial before the International Criminal Court and brought to justice for crimes against humanity.

I could not help but be shocked and ashamed by the treatment meted out to these important personalities [high-level CARICOM team] by some petty officers involved in the Gecom process. 

Mr. Insanally referred to the book he had presented to the President in which he identified several challenges facing the nation, and stated:

These challenges will not be easily overcome. It will take good governance by the political leadership with the full support of an informed and civil population to demolish the obstacles to true democracy. The writing is on the wall; unless there is meaningful change in our political culture, we will be washed away by the sea of change which is now on the rise. I remain, hopeful though, that those who hold the reins of power will come together to save our people, many of whom are sick and tired of being misled by their “democratically” elected leaders.

Departure of the Carter Center and EU observer teams

Last Friday, the Carter Center announced its withdrawal from its observer mission for the elections, citing a combination of factors, including ‘the absence of an ongoing electoral process, increasing restrictions on international travel because of COVID-19, and the decline in the security environment in Guyana’. The Center stated that the security situation in Georgetown has declined due to the stalemate created by ‘the non-transparent tabulation process in Region 4’; and international observers were harassed and obstructed from undertaking their missions by persons supportive of the APNU+AFC coalition. Specific threats were made against the international community that are ‘unacceptable and further undermine the credibility of the electoral process’.

The EU observer mission also announced its withdrawal in light of the novel coronavirus pandemic. It, however, maintained its previously stated position that ‘the process employed by the Returning Officer for Region 4 is not transparent and, based on the numbers that have emanated since the process was first disrupted, is unlikely to produce a result that is credible and is able to command public confidence’.

Latest developments

The court has allowed four political parties contesting the elections to join the proceedings in the lawsuit to stop the recount of the ballots. The hearing is expected to commence today. Meanwhile, the President has appealed to citizens to exercise calm and patience; and to await the outcome of the judicial process and the final declarations of the results by GECOM. He again emphasized that GECOM has the sole authority to conduct the elections and must be allowed to function ‘independent of political interference, instruction and influence’. Considering the events that took place since election day, the inescapable conclusion of any objective observer is that GECOM is not independent of the political directorate. The six commissioners are all politically aligned, and some of the staff of GECOM in recent days have displayed rank and unadulterated political bias in the performance of their duties.

Some final thoughts

If the court rules in favour of the APNU+AFC candidate, GECOM cannot rely on the fraudulent declaration by the RO of Region 4 to announce the winner of the elections. Rather, it is obliged to ensure that a full count is carried out of all the ballots cast for Region 4 in conformity with the Chief Justice’s ruling and consequential orders. In order to do so, it would be necessary for the RO to be removed from the setting and replaced with someone who can be trusted to display impartiality. The same should apply to the some of the staff of GECOM who have colluded with the RO to produce the fraudulent results. If the court rejects the application to stop the recount, the CARICOM high-level should be invited to return to supervise it.

Whichever political party is declared the winner, there should be an immediate commitment to end the “winner takes all” approach and embrace the principles of shared governance at ministerial, Cabinet and other levels, based on some agreed formula such as the parties’ standing in the polls. It is unfortunate that the two main parties continue to derive their support almost exclusively from the two major ethnic groups. Be that as it may, the only way to bring about stability in the country and to enable it to move forward economically, socially and otherwise, is for these two groups to come together in a meaningful way to manage the affairs of the State. No cosmetic arrangement or exercise in tokenism, as has been done in the past, will suffice.