The ongoing defiance by the APNU+AFC government following the December 21, 2018 no-confidence motion continues to not only put Guyana at risk of a serious constitutional crisis, but to harm the nation’s image abroad. In addition to these serious reservations being felt at home and abroad, the latest indications and inaction from the Guyana Elections Commission is also causing further concern.
As it stands, the APNU+AFC government is now firmly resolved to not call constitutionally due elections until it has exhausted all legal options to overturn the December 21 no-confidence vote. What this means is the government plans to utilise all legal manoeuvres in an attempt to overturn its majority vote downfall. The path it has taken means it will go all the way the Caribbean Court of Justice, which is certain to exceed the 90-day timeline invoked by the December 21 motion.
It is well within the APNU+AFC government’s purview to pursue its appeal all the way to the Caribbean Court of Appeal. However, notwithstanding this legal manoeuvring, what is of concern is the APNU+AFC administration’s refusal to acknowledge that the three-month countdown to general elections started a countdown on December 21; that it has a constitutional responsibility to set a date within a 90-day timeframe for the general elections, and if this proves to not be achievable, then to come to an agreement on an extension with the opposition PPP-Civic.
Also notable is yet a further responsibility that the APNU+AFC administration has not treated with the seriousness it deserves, which is the requirement to notify GECOM that preparations are to get underway for the forthcoming and imminent general elections. This was not done, and remains yet to be done, following passage of the no-confidence motion.
What makes it worse is the concern and discomfort felt then in Guyana, and here abroad, that constitutional democracy was at risk when in 2017 President David Granger handpicked Justice (Retired) James Patterson as GECOM Chairman. The unease was a valid one regarding the optics of a possible unhealthy alliance implicit in such an appointment, and on the impartiality of the office in the wake of Granger’s unilateral choice. In what has since transpired following the no-confidence fall of the APNU+APC government, GECOM’s impartiality now appears to be a valid concern.
Its constitutional framework is such that GECOM’s responsibility to Guyana in the wake of the passage of the no-confidence motion was it had to immediately begin preparations for staging general elections within 90 days. It has not done so, and from recent statements, it appears preparations are unlikely to begin soon to meet the three-month timeline. GECOM recently indicated it needs money for elections by appropriations, which means it will continue operating as normal, and so will not step up activities in order to go into general elections mode. That it has taken this position is disheartening, even as anxieties about its impartiality rise to the surface.
In this scenario of divisive politics and the unconstitutionality of its actions, the APNU+AFC government appears to have set its compass for stormy seas. From its actions, it is clear this administration is knowingly placing the nation’s democratic legitimacy in limbo so it can extend its hold on power for as long as possible. Also, it appears the government is risking Guyana’s international standing as a constitutional democracy, and concomitantly, this nation’s viability to attract international contracts, agreements, and foreign investment. And importantly, its behaviour in office is negatively impacting on Guyana’s political, social, and economic life, and on its putative national cohesiveness – now secondary to the APNU+AFC’s primary and partisan aim, which is to maintain its grip on power.
These actions by the APNU+AFC government since December 21 are such that it has now earned another resounding vote of no confidence – from nationals at home and abroad – who are committed to Guyana’s democratic reconstruction.