Recommendations from the report pages 32 and 33
Annex 2:
Independent Elections Commission
Article 161 of the Constitution is amended by the deletion of the Article and the
substitution there for the following:
Article 161
1. (1) There shall be an Elections Commission for Guyana, which is independent and
subject only to this Constitution and the law.
(2) The Commission shall be impartial and shall exercise its powers and perform its
functions without fear, favour or prejudice.
2. (1) The Commission shall consist of not less than 3 or more than 5 members
appointed by the President in accordance with the provisions of this Article.
(2) No person shall be appointed as a member of the Commission unless he or she
(a) is a Guyanese citizen;
(b) has not within the past seven years actively engaged in party politics;
(c) has been recommended by the National Assembly by two-thirds majority vote
of the members of that Assembly; and
(d) has been nominated by a Select Committee of the National Assembly,
proportionally composed of members of all parties represented in that Assembly,
from a list of recommended candidates submitted to the Committee by the panel
referred in Subclause 3 of this Article.
(3) If a candidate fails to secure two-thirds majority vote in the National Assembly,
the panel, referred to in Subclause 3 below, shall submit other nominees to the Select
Committee for consideration.
3. (1) The panel shall, subject to Subclause 4, consist of
(a) The Chancellor appointed pursuant to Article 127 of the Constitution, as
Chairman;
(b) The Chairman of the Human Rights Commission, established by Article 212N
of the Constitution;
(c) The Head of the Women and Gender Equality Commission, established by
Article 212Q of the Constitution; and
(d) The Chairman of the Ethnic Relations Commission, established by Article
212B of the Constitution.
(2) The panel shall, within 4 weeks of the receipt of nominations, submit a list of
seven recommended candidates to the Select Committee of the National Assembly
referred in Subclause 2(d).
(3) The panel shall secure nomination of candidates, each of whom is
(a) willing and able to serve;
(b) a fit and proper person to hold office of commissioner;
(c) of unquestionable personal integrity; and
(d) has an established record of nonpartisanship and impartiality politically,
through advertisement or otherwise from political parties, civil society
organisations, professional bodies, trade unions, the Judicial Services
Commission, or individuals before making its recommendations under Subclause
4 within 4 weeks of the closing date for receiving nominations.
(4) The panel shall make its recommendations with due regard to a person’s
suitability, qualifications, and experience, and shall at all times act in accordance with
the principles of transparency and openness.
(5) If any of the persons referred to in Subclause 3(b) to (d) should for any reason not
be available to serve on the panel, the Chairman shall, after consultation with the
remaining members of the panel, designate any other person as a member of the
panel.
(6) Subject to the provisions of Subclause 3, the panel shall decide on its rules of
procedure.
4. (1) Immediately upon appointment, the Chairman and Vice Chairman shall be
selected by secret ballot by the members of the Commission from themselves.
(2) In the absence of the Chairman and Vice Chairman, the remaining members shall
elect an acting chairman from their number.
5. (1) The term of office of a member of the Commission shall be seven years unless
he or she resigns or dies at an earlier date, or is removed from office in terms of
Subclause 6, and may be renewed once. No member of the Commission shall serve
beyond age 70 years. 16
(2) The provisions of this Article shall apply in relation to the appointment of a
temporary member of the Elections Commission and to a temporary member
appointed in accordance with this Article, as they apply in relation to the other
member of the Elections Commission in whose place he is appointed:
Provided that his appointment shall have effect only for the period ending when the
person in whose place he has been appointed resumes his functions and he ceases to
be a member of the Commission.
6. The provisions of Article 225 (which relate to removal from office) shall apply to
the office of the Chairman and other members of the Elections Commission.