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Flaws in Legal Framework Undermine Election Integrity, Says European Observer Mission

Admin by Admin
November 24, 2025
in News
European Union 2025 Report on Guyana Elections

European Union 2025 Report on Guyana Elections

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By Mark DaCosta- The recent electoral report from the European Union Election Observation Mission (EU EOM) reveals significant shortcomings within our nation’s legal framework governing elections. Although modifications have been made to enhance democracy, critical inconsistencies threaten the integrity and fairness of the electoral process, raising concerns among citizens and observers alike.

The report highlights that while the legal structure presents a foundation to facilitate basic, essential democratic activities — such as candidate nominations, voting, counting, and tabulation — it is, unfortunately, riddled with uncertainties. Our country’s electoral framework is based on the Constitution and three major laws, which have undergone amendments in 2022 and early 2025. Despite these developments, major issues persist relating to participation, media accountability, and campaign regulations.

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According to the report, the pride of our nation in its international commitments is compromised by a slow implementation of key treaties. Although Guyana is a member of various international organisations, including the Organisation of American States (OAS) and the Caribbean Community (CARICOM), there remains a lack of ratification for crucial human rights treaties that could enhance our legal framework. The absence of operationalisation for several UN conventions further exposes gaps in transparency and accountability. It is troubling to note that provisions aimed at protecting citizens’ freedoms of expression and information are hampered by vague, sweeping cybercrime laws, which can stifle open discourse.

The EU EOM’s observations also touched on the judiciary and its perceived political influences. The independence of the judiciary is undermined by the practice of appointing “acting Judges,” thus casting doubt on the impartiality required to handle electoral disputes. “The political nature of judicial service appointments” raises concerns about genuine accountability and the rule of law. These sentiments resonate with many citizens who are fearful of judicial bias impacting electoral fairness.

Our Constitution enshrines fundamental rights — such as freedom of expression and assembly — however, the operational status of the Human Rights Commission is still pending. This delay risks the very protection of the rights for which it was established. Moreover, the electoral management body, the Guyana Elections Commission (GECOM), is structured in a way that promotes partisan conduct, thereby fostering distrust among stakeholders. The current model, where members of GECOM are split between ruling and opposition parties in the National Assembly, limits collaboration and mutual decision-making, rendering the body ineffective during critical times.

Significantly, there is a 21-member Constitutional Reform Commission (CRC) that was formed to examine electoral processes and enhance democratic practices. However, this body has yet to commence its work owing to logistical challenges and a lack of urgency and political will. The potential for meaningful reform lies within this commission, yet the delay only serves to exacerbate the existing uncertainties preventing broader electoral trust. The report emphasises a “robust electoral reform process” as necessary for genuine engagement and stakeholder trust in our elections.

According to analysis of comments on social media and elsewhere, citizens are increasingly concerned about the implications of the findings, aware that without a strong framework designed for inclusivity and transparency, their voices may continue to be underrepresented. The EU EOM’s report clearly articulates that more robust mechanisms are essential for fair and transparent elections. Additionally, there’s a clarion call for the National Assembly to adopt and uphold recommendations made by expert bodies as essential steps towards national democratic health.

The majority of our population hopes for a collaborative political culture that advances inclusivity. However, the failures identified by the EU EOM remind us that the current administration’s approach leads to a climate of suspicion and dissatisfaction. The critical observations stress the need for a comprehensive overhaul to ensure that future electoral offerings reflect the true will and voice of the people of our nation.

As our country heads toward future elections, the urgency of reform becomes increasingly apparent. The representatives of the people are called upon to heed the warnings articulated by international observers and to work collectively towards solutions that fortify democracy, safeguard human rights, and reinforce the faith of our citizens in the electoral process. Without a concerted and genuine effort to address these systemic flaws, we risk a dilution of our democratic principles, leaving us grappling with the ramifications of inadequate governance and an unfulfilled promise of autonomy, accountability, and inclusion.

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