Dear Editor
While we maintain respect for laws governing Amerindian villages and their select leaders (Toshao), we do not support the view expressed by the Honourable Attorney General and Minister of Legal Affairs, Mr. Anil Nandlall, during his online programme, Issues in the News.
We also disagree with the way in which the Amerindian leader, Toshao Kevin Seegolam of Wikki/Calcuni, acted based on what we saw in the videos that were circulated on social media, particularly where he was seen stamping on the We Invest in Nationhood (WIN) Party flag. While we are not a political entity, we have a duty, as a human rights organisation, to represent the interests of democracy and to highlight any violations of human rights impartially, especially where the laws and rights-based principles support affected individuals.
In this case, we believe the Toshao could have acted in a more professional manner and at all times fulfilled his duties and oath of office to serve the people he represents rather than to act unreasonably or in a self-centred way in executing his duties.
The Constitution of Guyana guarantees the citizens, including Amerindians, freedom of assembly and the right to be represented by a leader of their choice. As such, if persons in his village support and welcome the WIN Party leader, then why would their own elected village leader act against their will?
Article 147 of the Constitution of Guyana guarantees freedom of assembly, association, and political expression.
Article 149C(1) guarantees the right of every citizen to participate in the political life of the nation.
Article 13 affirms the importance of inclusive participation in decision-making at all levels.
Further, when an election date is declared by the President and Parliament is prorogued, then the stage is set for all political parties to have equal access to every citizen of Guyana. And as such, no law, unless rooted in the Constitution, can override these rights, since the Constitution is the supreme law of the land.
Yes, there are laws governing Amerindian communities that require permission to enter, but these must not be misused or abused during election season. There must be reasonable exceptions, especially when elected officials or political parties are engaging the public. Based on our understanding, when government officials or party leaders enter a town to carry out official business or campaign, they may not or do not seek permission from the Mayor. So why the double standard? Would the Toshao have acted that way if it were a party he supported?
We must address bigger national issues. If the Honourable Attorney General believes that the WIN Party committed a criminal act by entering the community, then what would he say about the ongoing disenfranchisement of eligible inmates from voting despite clear constitutional provisions allowing them to do so?( We will not rest on this issue)
Article 59 states that every person may vote at an election if they are a citizen 18 years or older.
Article 159(2) disqualifies only those convicted of election-related offences or those legally declared mentally unfit.
That means remandees, convicted, appellants, and persons in police custody or arrested on election day still retain their constitutional right to vote.
Let us be clear: the Constitution of Guyana is the supreme law, and it already provides for inmates to vote. In our view, no additional legislation is required to activate this right it requires leadership and political will.
GECOM has a legal mandate to ensure all eligible citizens can vote. It has already exercised broad administrative authority, such as through Order 60 during the 2020 elections, and it can do so again. To hide behind claims of “no enabling legislation” is to abandon GECOM’s core duty to facilitate free, fair, and inclusive elections.
The Representation of the People Act, including Section 6, empowers GECOM to make regulations and take measures necessary to ensure citizens are not disenfranchised.
The OAS Inter-American Democratic Charter and ICCPR (Article 25) to which Guyana is bound affirm that every citizen has the right and opportunity to vote and be elected in genuine elections.
There must not be an abuse of power or the elevation of personal views over the constitutional rights of the people you are elected to serve. Based on the photos and eyewitness accounts, it is clear that people in the Wikki/Calcuni community welcomed the WIN Party team, and many were seen holding the party’s flags and showing support.
The citizens of Guyana have the right to listen to every party contesting the election. No leader should attempt to suppress that right, hold citizens hostage, or misinterpret the law for political reasons.
Yours truly
Bartica United Youth Development Group(BUYDG)
