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Observers

Introduction
Interpretation
Observers at general elections
Rights of observers
Privileges and immunities of observers
Obstruction of or interference with an observer
Personation


Introduction
The General Elections (Observers) Act Cap. 1:10 was enacted for “empowering the President of Guyana to invite observers at general elections and for matters connected therewith”.

  1. Observers at general elections

Section 3 of the General Elections (Observers) Act – Cap. 1:10 states:-

(1) The President may, after consultation with the Chairman of the Elections Commission, invite persons from outside Guyana to visit Guyana for the purpose of observing the democratic processes of the State as enshrined in the Constitution, and more specifically the conduct of any election.

The name of any person so invited shall be published in the Gazette and he

shall be issued with an identity card by the Chairman of the Elections Commission.

  1. Rights of observers

Section 4 of the General Elections (Observers) Act – Cap. 1:10 states:-

(1) Any other law to the contrary notwithstanding, an observer may scrutinize the official list of electors, enter polling places and places appointed for the counting of votes, and seek information from the Chairman of the Elections Commission, the Chief Election Officer and other election officers.

(2) An observer shall have the right to obtain from the Chairman of the Elections Commission a copy of the official list of electors for one or more polling divisions and of any written law governing or regulating any election.

(3) The Chairman of the Elections Commission, the Chief Election Officer and other election officers shall co-operate with the observers and shall comply with any reasonable request made by the observers in the performance of their functions.

  1. Privileges and immunities of observers

Section 5 of the General Elections (Observers) Act – Cap. 1:10 states:-

The person of every observer shall be inviolable and he shall enjoy as well such other privileges and immunities as are afforded diplomatic agents under the Privileges and Immunities (Diplomatic, Consular and International Organisation) Act.

Obstruction of or interference with an observer.

Section 6 of the General Elections (Observers) Act – Cap. 1:10 states:-

Everyone who assaults an observer or obstructs or interferes with him in the performance of his functions or the exercise of his rights under this Act shall be liable on summary conviction to a fine of fifteen thousand dollars and imprisonment of eighteen months.

  1. Personation

Everyone who falsely personates any observer with intent to obtain admission to any polling place or any place appointed for the counting of votes or in order to avail himself of any of the other rights conferred on observers under the provisions of section 4 shall be liable on summary conviction to a fine of fifteen thousand dollars and imprisonment of eighteen months.

 

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