Why Are Inmates’ Constitutional Right to Vote Being Ignored?

Dear Editor,

The issue of whether inmates in Guyana will be allowed to vote in the upcoming 2025 General and Regional Elections remains unresolved, and the silence around it is deeply alarming.

It must be recalled that the then President of the Carter Center, Jimmy Carter, publicly recommended that Guyana should ensure the right of prisoners to vote. This call was widely reported in the Guyanese media and was framed as an essential step toward strengthening democracy and ensuring universal suffrage. That recommendation remains unfulfilled.

Now, in 2025, the Carter Center has released its recent pre-election report. While the report comments on campaign financing, voter list concerns, and use of state resources, it is completely silent on the unresolved issue of prisoners’ right to vote. This glaring omission raises serious questions: How can the Carter Center, having once urged Guyana to correct this violation, now avoid even mentioning it?

Meanwhile, GECOM itself remains undecided. Opposition-nominated Commissioner Vincent Alexander has publicly confirmed that GECOM has received formal requests regarding inmates’ voting rights, but that no decision has been made. With elections only days away, leaving this issue unsettled places Guyana’s democratic process at risk.

If this matter is not resolved, then the elections of 2025 cannot credibly be described as fair, free, or constitutional. The Guyanese Constitution guarantees the right to vote to all eligible citizens; it is not optional, and it cannot be selectively applied. To disenfranchise prisoners is to strip them of their rights and to openly violate constitutional protections.

The silence of international observers on this matter is equally troubling. The Carter Center, the OAS, the EU, the UK, and others have all raised public concerns on smaller electoral issues. But on this core constitutional question about the right of inmates to vote there has been no public comment. How can these bodies speak about credibility and fairness while ignoring such a foundational breach of democratic practice?

Local leaders are also silent. No political party contesting the elections has publicly addressed this issue, even though they campaign on promises of transparency, accountability, and free and fair elections. GECOM itself declares it is “ready and prepared”, yet without resolving the matter of inmates’ voting rights, that declaration rings hollow.

• How can international observers commit to monitoring every polling station while remaining silent about whether incarcerated voters will be allowed the opportunity to cast their ballots at any designated polling station under proper observation?

• If incarcerated citizens are allowed to vote, why has GECOM not publicly disclosed where polling stations will be established?

• How can what the Carter Center in its pre-election report said that they have seen no evidence of inflation in the voters’ list be considered accurate when inmates’ names still appear on it, yet GECOM has issued no clear public statement on whether these incarcerated citizens will be allowed to vote in the 2025 elections?

• Why has the Guyana Human Rights Association remained silent on this matter? Is it because these people are prisoners?

• How can political parties and GECOM claim they are ready to deliver a free and fair election in Guyana on today (August 22, 2025) and September 1, 2025, while failing to address the voting rights and participation of eligible incarcerated citizens?

• Why have political parties contesting the elections and international observers not publicly raised this issue, nor demanded clarity or action from GECOM prior to the elections?

Legal and Constitutional Framework

• Article 59, Constitution of Guyana: Every citizen aged 18 and above has the right to vote.

• Article 149(1): Equality before the law and prohibition of discrimination.

• Article 159(2): Only persons convicted of electoral offenses or declared of unsound mind are disqualified.

• Article 13: Obligation of the State to ensure inclusive democratic participation.

• Representation of the People Act, Section 6: Empowers GECOM to establish polling stations wherever necessary, including prison facilities or other secure locations, ensuring eligible inmates can vote without reliance on proxy voting.

International Obligations

• Article 25, ICCPR: Right to vote without unreasonable restrictions.

• Article 23, ACHR: Equality in electoral participation.

• The Inter-American Commission on Human Rights (IACHR) affirms that denying voting rights solely on the basis of incarceration, without individualized legal justification, constitutes unjustifiable discrimination.

Appeal to Authorities and Political Leadership

We urgently call upon:

1. GECOM to publicly announce whether eligible incarcerated citizens will be allowed to vote and, if so, immediately disclose where polling stations for eligible incarcerated voters will be established.

2. Political party leaders to openly support the voting rights of all eligible citizens, including those incarcerated.

3. International observers to actively ensure no eligible voter is disenfranchised and to publicly address the lack of polling stations and the uncertainty over inmates’ voting rights.

Implications for Electoral Integrity

Excluding inmates from voting or failing to communicate polling logistics:

• Denies over 1,000 to nearly 2,000 eligible citizens their constitutional right.

• Creates a precedent of discrimination.

• Compromises the credibility and legitimacy of the electoral process.

To the President and Vice President of Guyana: you both swore an oath to uphold the Constitution. How can that oath be honored if you remain silent while the rights of a section of the Guyanese people are trampled? If inmates are not allowed to vote, you risk presiding over an election that history will judge as selective, broken, and unconstitutional.

In spite of long-established constitutional and legal provisions, incarcerated individuals in Guyana have never been allowed to vote in the nation’s history, a clear and ongoing denial of a fundamental right that has remained unaddressed for far too long.

The people of Guyana and the international community deserve urgent answers. Silence is no longer acceptable. The constitutional rights of incarcerated persons must be respected and upheld before the 2025 elections.

The failure of the Government, GECOM commissioners, and the Chairwoman to act in concert with the APNU commissioners is being closely watched by families of inmates and concerned citizens. GECOM, consisting of three commissioners elected by the PPP/C, three by APNU, and a Chairwoman, has neglected to address this critical issue. APNU-elected Commissioner Vincent Alexander recently requested that eligible inmates be allowed to vote; however, the three PPP/C-elected commissioners and the Chairwoman have refused to support this request. Many individuals connected to, or concerned about, inmates and their constitutional and human rights including the right to vote have expressed profound disappointment with the government’s failure, through its GECOM-appointed commissioners, to uphold these rights. They also support our call for international observers to break their silence and speak out on this critical issue.

Conclusion

Repeated letters, public appeals, and media coverage since 2024 underscore the urgency of this matter. GECOM, the Government of Guyana, political leaders, and international observers must act now to protect the rights of incarcerated citizens and uphold democratic principles. Silence and inaction especially by political parties and international observers on whether inmates can vote and where they can do so constitutes a direct violation of constitutional, human, and civil rights, and perpetuates continued disenfranchisement.

Yours truly,
Bartica United Youth Development Group (BUYDG).