Urgent Appeal to Act without delay to give effect to the constitutional right of eligible inmates to vote.

Dear Madam Chairwoman, Honorable Commissioners, Honorable Attorney General, Honorable Speaker, Honorable Ministers, Political Leaders, and Esteemed Stakeholders, 

The Bartica United Youth Development Group (BUYDG) writes once more, with urgency and constitutional clarity, following 2025 public acknowledgements by the Honorable Attorney General and Minister of Legal Affairs, as well as PPP/C-appointed and opposition-appointed GECOM Commissioners(which was prior to the 2025 regional and general elections), that the Constitution of Guyana only disqualifies from voting persons convicted of election-related offences and those legally declared mentally unfit. 

This acknowledgment is significant and welcome. It confirms what BUYDG has consistently maintained since its September 2024 letter which was published in the press: the overwhelming majority of incarcerated persons in Guyana remain constitutionally eligible to vote. 

However, despite the clear constitutional position having been publicly acknowledged, eligible inmates were not permitted to vote in the 2025 General and Regional Elections. No legislation was tabled by the Honorable Attorney General and Minister of Legal Affairs to give operational effect to this right, nor were any administrative steps taken by the Guyana Elections Commission (GECOM) to facilitate inmate voting. Following the Attorney General’s last public statement on this issue, no further clarification, directive, or action was communicated to the public. As a result, constitutionally eligible inmates were once again effectively disenfranchised through administrative inaction, and with upcoming Local Government Elections approaching, there is a real and justified concern that history is now set to repeat itself unless immediate corrective measures are taken. 

1. Constitutional Position Is No Longer in Dispute. 

Article 159(2) of the Constitution of the Co-operative Republic of Guyana is explicit. It does not disqualify citizens from voting merely because they are incarcerated. The only exclusions are: 

1. Persons convicted of election-related offences; and 
2. Persons declared mentally unfit by a competent authority. 

Pre-trial detainees, appellants, remanded prisoners, and convicted persons not falling within these two narrow exceptions remain full citizens with intact voting rights. 

This position has now been publicly accepted by senior state officials and members of the Elections Commission. There is therefore no constitutional ambiguity remaining. 

2. On the claim that further legislation Is required 

We note statements suggesting that legislation would be required to operationalize inmate voting. While BUYDG supports clarifying or facilitative legislation, we must firmly restate the following: 

– The Constitution is already self-executing in this regard. 

– The Representation of the People Act provides the legal framework for voter registration, polling procedures, and special voting arrangements. 

– GECOM has previously exercised broad administrative authority to ensure voting by specific categories of voters, including the Disciplined Services, overseas electors, and through extraordinary measures such as Order No. 60 in 2020. 

Therefore, the absence of new legislation cannot lawfully justify continued disenfranchisement. 

That said, if the Honorable Attorney General and Parliament are of the view that supplementary legislation is required to strengthen or clarify implementation, then we unequivocally call for such legislation to be accompanied by the immediate commencement of the legislative process, including relevant consultations with GECOM, the Guyana Prison Service, civil society organizations, human rights bodies, and other key stakeholders, to ensure that the framework is practical, inclusive, and compliant with constitutional standards. 

Any such legislation must be: 

• Drafted immediately, 
• Laid urgently before the National Assembly, and 
• Passed without delay, in sufficient time to allow for full and effective implementation ahead of the next elections. 

Anything less would amount to a knowing and deliberate allowance of a continuing constitutional violation, resulting in the repeated disenfranchisement of eligible citizens who remain under the care and control of the State. 

3. 3. Responsibility of GECOM and Its Chairwoman 

In addition to our correspondence of September 2025, this matter was formally and specifically brought to the attention of the Chairwoman of the Guyana Elections Commission (GECOM) by the then APNU-appointed Commissioner, Mr. Vincent Alexander, well in advance of the election cycle. 

GECOM is not a passive or advisory body. It is a constitutionally established institution mandated to safeguard inclusive participation, electoral fairness, and the effective realization of universal adult suffrage. Now that the constitutional eligibility of inmates—save for the limited exceptions expressly provided for—has been publicly acknowledged, GECOM has a clear and affirmative duty to move decisively from discussion to implementation. 

At this stage, continued silence, delay, or inaction would constitute administrative disenfranchisement, which is no less injurious than exclusion by statute. Such inaction would undermine public confidence in the electoral process and expose the Commission to justified scrutiny for failing to give practical effect to constitutionally protected rights. 

4. Preventing Further Disenfranchisement 

We are deeply concerned that while GECOM has already commenced preparations for future Local Government Elections due within three years after the 2025 polls, eligible inmates continue to be excluded today. 

This pattern cannot be allowed to continue. 

We therefore formally call on: 

– The Attorney General and Minister of Legal Affairs to immediately initiate any necessary legislative measures; 

– The Speaker of the National Assembly to facilitate urgent parliamentary consideration; – All parliamentary political parties to support corrective action without politicization; and – GECOM, under the leadership of its Chairwoman, to prepare and publish an administrative plan for inmate voting without further delay. 

5. Final Appeal 

The continued exclusion of constitutionally eligible inmates is no longer a matter of legal uncertainty. It is now a matter of political will, administrative courage, and constitutional fidelity. 

Every day of inaction deepens disenfranchisement and exposes the State to legal, moral, and international scrutiny. 

BUYDG therefore urges all authorities addressed to act now, so that no eligible citizen of Guyana is further denied their constitutional right to vote. 

History will not judge kindly those who acknowledged a right, yet failed to give it effect. 

We trust that this appeal will be treated with the seriousness, urgency, and constitutional respect it demands. 

Yours truly

Kellion Leps