In Dialogue with Guyana, Experts of the Human Rights Committee Commend Measures Promoting Gender Equity, Ask About the Territorial Dispute with Venezuela and Alleged Corruption Regarding Oil Exploitation Permits

The Human Rights Committee today concluded its consideration of the third periodic report of Guyana on how it implements the provisions of the International Covenant on Civil and Political Rights.  Committee Experts commended measures promoting gender equity, and raised issues concerning the dispute with Venezuela over the Essequibo territory and alleged corruption regarding oil exploitation permits.

A Committee Expert said the State party had implemented various legislative and policy measures to promote gender equality and ensure the equitable representation of women in public and political life.  How was the State encouraging the implementation of gender equality provisions in judicial and political decision making?

One Committee Expert asked the delegation to comment on the International Court of Justice’s provisional measures order of 1 December 2023 and the 3 December referendum regarding the Essequibo territory.  Had Guyana imposed a state of emergency or taken other measures in response to the very tense political situation between the two States?

Another Committee Expert asked if a thorough investigation had been conducted into Exxon Mobil Guyana's allegations of corruption, following the Government's granting of a licence to exploit oil fields.  There were reports that the State party implemented a carbon credit trading scheme without consulting with indigenous peoples.  How did the State party ensure the proper implementation of the Escazu Regional Agreement, especially provisions on consultation and access to information?

Gail Teixeira, Minister of Parliamentary Affairs and Governance of Guyana and head of the delegation, introducing the report, said that Guyana, one of the poorest countries in the early 1990s, was now one of the fastest growing economies due to large oil discoveries in 2019 and oil production.  The State party was committed to maximising these benefits for all Guyanese.  The Government continued to prioritise investments in education, healthcare, infrastructure and housing. 

The delegation said Guyana had made tremendous strides in the field of gender equality.  Thirty-nine per cent of members of Parliament were women.  Over 5,000 women had been trained in entrepreneurial skills.  Guyana ranked sixth in the region in terms of gender equality.  Eighty-five per cent of housing subsidies went to women.

One exogenous threat for Guyana, Ms. Teixeira said, came from the State’s neighbour Venezuela, which was claiming two-thirds of Guyana’s territory as its own.  This matter was settled in 1899.  With the Secretary-General of the United Nations invoking the Geneva Agreement, Guyana had approached the International Court of Justice to finally determine this dispute in the interest of the protection of the rule of law.  A joint commission had been set up that aimed to improve relations between the two countries.

Guyana took seriously its responsibility to protect the environment and its rainforests, the delegation said.  The Environmental Protection Agency had brought in increased fines for flaring, and the State party was not aware of allegations of preferential treatment for ExxonMobil.  ExxonMobil had held several open consultations with the public.  Allegations that there was no consultation with villagers regarding the carbon credit scheme were untrue.  Any business operating in an Amerindian community needed to engage with the community council.

In concluding remarks, Ms. Teixeira said the Government was striving to leave no one behind as it transformed the country.  It aimed to enhance economic activities and jobs.  Rights were critical, and the Constitution and legal framework provided for those rights.  The State party had created rights commissions to provide redress for rights violations.

The delegation of Guyana was made up of representatives of the Ministry of Parliamentary Affairs and Governance; Ministry of Legal Affairs; Ministry of Health; Ministry of Home Affairs; Ministry of Human Services and Social Security; Guyana Prison Service; Ministry of Amerindian Affairs; Guyana Police Force; Ministry of Natural Resources; Guyana Geology and Mines Commission; Office of the Director of Public Prosecutions; Ministry of Foreign Affairs and International Cooperation; and the Permanent Mission of Guyana to the United Nations Office at Geneva.

The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s  webpage .  Meeting summary releases can be found  here .  The webcast of the Committee’s public meetings can be accessed via the  UN Web TV webpage .

The Committee will next meet in public at 3 p.m. on Thursday, 21 March, to hold an informal meeting with States.

Report

The Committee has before it the third periodic report of Guyana (CCPR/C/GUY/3).

Presentation of the Report

GAIL TEIXEIRA, Minister of Parliamentary Affairs and Governance of Guyana and head of the delegation, said that, since the submission of the report in August 2021, Guyana had changed significantly and rapidly.  One of the poorest countries in the early 1990s, it was now one of the fastest growing economies due to large oil discoveries in 2019 and oil production.  The State party was committed to maximising these benefits for all Guyanese.  The Government continued to prioritise investments in education, healthcare, infrastructure and housing.  The Government had increased the education budget from 52 billion Guyanese dollars in 2019 to 135 billion this year.  For the health sector, the budget had grown from 30 billion Guyanese dollars to almost 130 billion.

The State party was focused on diversifying the economy, reducing dependence on oil, and investing in sectors such as agriculture, tourism and renewable energy.  The State party had expanded the national housing programme, promoted access to potable water, and expanded social programmes to protect the poor and vulnerable.  Over 5,000 women had been trained in entrepreneurial skills, and 5,000 youth in technical skills, while 5,000 new persons had enrolled in the Teachers’ Training College for the 2023-2024 school year.  These measures focused on leaving no one behind and creating “One Guyana.”

In addition, the Government had enacted new laws and amended statutes to strengthen human rights, reform the health sector reform, modernise the judiciary, implement anti-corruption measures, protect the revenue of the oil and gas sector for future generations, and provide digitalised platforms to make business activities more transparent and accountable.  The last constitutional reform process took place in the 1999 to 2001 period.  A new phase of constitutional reform would commence this year.  It would be led by a Constitution Reform Commission comprised of 10 nominees from the political parties and 10 nominees from civil society.  Consultations would be held across the country.  In 2022, the Police Service Commission and the Public Procurement Commission were appointed. The Integrity Commission was appointed in 2022.  In 2023, the Judicial Service Commission and the Public Service Commission were appointed, as was the Ethnic Relations Commission.

One of the greatest exogenous threats to Guyana, as a low-lying country, was climate change. Guyana was the first country to produce high-integrity, Paris Agreement-aligned carbon credits in 2022.  Subsequently, the Hess Corporation and the Government announced an agreement for Hess to purchase carbon credits directly from the Government.  In 2023, Guyana earned 150 million United States dollars, of which 15 per cent was disbursed to all Amerindian villages in Guyana.  This agreement was part of the State’s low carbon development strategy 2030, which identified thematic priorities such as upgrading infrastructure to protect against flooding, hinterland adaptation, addressing systematic and behavioural concerns, and developing innovative financial risk management tools.  The strategy was revised in 2022 after a year of consultation with indigenous communities, farmers and other stakeholders.  The revised strategy adopted a human rights-based approach to loss and damage in climate change. 

Another exogenous threat came from the State’s neighbour Venezuela, which was claiming two-thirds of Guyana’s territory as its own.  This matter was settled in 1899.  With the Secretary-General of the United Nations invoking the Geneva Agreement, Guyana had approached the International Court of Justice to finally determine this dispute in the interest of the protection of the rule of law.  Guyana had become a place of refuge for almost 40,000 Venezuelans who had fled their country.  Guyana offered Venezuelan refugees access to free education, health and work. 

The road was long to reduce poverty, end domestic and sexual violence, reduce crime, and build trust in Guyana’s institutions, especially its electoral machinery after the 2020 elections.  However, having achieved universal primary education, and aiming to reach universal secondary education by 2025, and by promoting equitable access to goods and services, Guyana was working towards ensuring that no one was left behind. 

Questions by Committee Experts

A Committee Expert said the Committee had last released concluding observations on Guyana in 2000, so the Committee looked forward to the dialogue.  The State party had said that civil society members had not been involved as they should have been in preparing the State report.  What were the obstacles to their participation?  How would civil society members be included in the formal structure for the promotion of human rights?

In one of the Committee’s Views concerning Guyana, relating to access to nationality for a Cuban national married to a Guyanese woman, the Committee found a violation of article 17 of the Covenant.  Were foreigners married to Guyanese women offered access to nationality without discrimination?  Was there a mechanism for the implementation of the Committee’s Views?  Did the Views have legal status?  What measures were in place to publicise the communications mechanism?  Did the State party intend to withdraw its reservation to the Optional Protocol, which excluded its application to persons sentenced to death for treason? 

Could the delegation comment on the International Court of Justice’s provisional measures order of 1 December 2023 and the 3 December referendum regarding the Essequibo territory?  Had Guyana imposed a state of emergency or taken other measures in response to the very tense political situation between the two States?

Another Committee Expert asked about measures taken to incorporate the Covenant into the legal system and to encourage its application in courts.  What were some examples of its application?  Had there been efforts to reform the Constitution, which gave the Covenant supremacy over national legislation and called on the various branches of Government to uphold it?  What training were members of the judiciary provided with on domestic and international human rights law and human rights treaties?  Did the State party plan to create a Constitutional Court?

What efforts had been made to develop comprehensive anti-discrimination legislation that criminalised indirect discrimination and discrimination based on sexual orientation and gender identity, and provided effective remedies for victims?  What progress had been made in amending the 1997 Prevention of Discrimination Act, which only prohibited workplace discrimination and discrimination based on disability and indigenous status?  Would the Government include principles of non-discrimination based on sexual orientation and gender identity in the Constitution? 

What measures had the State party taken to address continued ethnic tension, hate speech and incitement to racial hostility by politicians, racial profiling by the police, and the lack of racial balance in the police force? 

Another Committee Expert asked about the progress the State party had made in setting up the Human Rights Commission, as well as the commission on women and gender equality, the commission on indigenous peoples and the commission on children.  Was the Human Rights Commission operational?

Could the State party provide information on the ill-treatment of transgender persons in prisons and on responses to complaints of discrimination against lesbian, gay, bisexual, transgender and intersex persons?  What had been the outcomes of investigations into such cases of discrimination?  What actions was the Government taking to repeal legislation criminalising same-sex relations?  What steps had been taken to include sexual orientation and gender identity as grounds for discrimination within the Constitution?

One Committee Expert said there were reports that the Commissioner of Information was sometimes unresponsive to requests from the public; the Access to Information Act contained overly broad exemptions; and the Public Procurement Commission was slow and only selectively oversaw Government contracts.  Could the delegation provide information on the recent activities of anti-corruption bodies?  What was the status of the Protected Disclosures and Witness Protection Acts?  The State party dismantled the State Assets Recovery Agency in 2020 in response to concerns about its effectiveness.  Which Government agencies were responsible for the recovery of stolen State assets?  What measures were in place to investigate corruption and prosecute perpetrators?  Could the State party comment on reports of corruption by Vice President Bha-rrat Jag-deo and within the police force?

The Committee was concerned about the State party’s suspension from the Extractive Industry Transparency Initiative for failing to publish an annual monitoring report and by systemic deficiencies in auditing practices.  It was also concerned by the governance of the National Resource Fund, which collected oil and gas revenues.  What steps had the State party taken to address these oversight issues?

Responses by the Delegation

The delegation said the Government had come into office in 2020 and had worked to submit the State’s report to the Committee as soon as possible.  This was the reason for the lack of consultation with civil society on the report; there was no desire by the Government to leave out civil society.  The Government was currently reforming the Constitution, and reforms related to the death penalty and thus the Second Optional Protocol.  Guyana had been maintaining an informal moratorium on the death penalty since 1997, and no funds had been allocated to executions. 

There were heightened tensions in December 2023 regarding the dispute with Venezuela.  The State party thanked the International Court of Justice for its efforts to maintain the rule of law and looked forward to its future proceedings.  A joint commission had been set up that aimed to improve relations between the two countries.

The Constitution upheld the separation of powers between the executive, legislature and the judiciary.  The Covenant was listed in the Constitution and the Caribbean Court of Justice and domestic courts had made references to it.  The Peoples Amendment Act and the National Registration Act of 2022 were introduced to remove ambiguities that led to the tragedy of the 2020 elections.  These new laws were tested in the 2023 local Government elections, in which there had been no accusations of fraud or illegal activity.  The Guyana Elections Commission was the sole authority regarding elections.

The State party had internally drafted general anti-discrimination legislation, which included the prohibition of discrimination based on sexual orientation and gender identity.  Consultations on the draft would be held with civil society.  The 1997 anti-discrimination legislation specifically dealt with workplace harassment. 

The Human Rights Commission was enshrined in the Constitution and was made up of representatives of the commissions on the rights of children, women and indigenous peoples.  The leader of the opposition had been asked to submit candidates for the President of the Human Rights Commission; he had not done so.  The Commission was mandated to make recommendations to Government entities and investigate complaints.  Its budget had increased in recent years.

The Public Procurement Commission was now functioning.  It had only six members and had had to work to reconstruct files and resume investigations, affecting the speed of its work.  The Commission was independent and its budget had been increased.  The Government had been unable to implement the Protected Disclosures and Witness Protection Acts due to issues with their wording, but the police provided protection to whistle-blowers.  Various crime units had the mandate to recover assets.  There had been several cases of civil confiscation during the reporting period.

Guyana had been reinstated to the Extractive Industries Transparency Initiative within six months and was currently working to prepare its 2022 report.  There had been no formal complaint of corruption against the Vice President.  Legislative amendments from 2022 implemented a limit on the amount of Natural Resource Fund reserves that could be spent to protect future generations.  The Fund’s committee included civil society representatives, who provided oversight of spending of funds.

The 2016 civil procedure law had helped to reduce the Supreme Court’s backlog.  The Supreme Court had overturned the decision to refuse Guyanese citizenship to a Cuban national married to a Guyanese woman.  Foreigners married to Guyanese nationals had the right to apply for Guyanese citizenship. 

All members of the judiciary and the police went through human rights training programmes.  In every police station, there were staff trained to respond to cases of sexual and gender-based violence.  There had been no allegations of corruption within the judiciary.

The State party had received no allegations of discrimination against members of the lesbian, gay, bisexual, transgender and intersex community, including related to workplace discrimination.  Most religious civil society organizations were opposed to the removal of the prohibition of same sex relations within the Criminal Code.

From 2020 to the present, the police had received 845 complaints of discrimination, 491 of which had been closed.

Follow-Up Questions by Committee Experts

Committee Experts asked follow-up questions on the work done by the Ethnic Relations Commission between 2021 and 2023 and the results that it had attained; whether the Human Rights Commission was working, although its President had yet to be appointed; whether the Police Complaints Authority was independent and had the authority to receive discrimination complaints from the lesbian, gay, bisexual, transgender and intersex community; the legal status of the Covenant and decisions made by the Committee; and whether there was a mechanism to gather and follow-up on recommendations from treaty bodies.

Responses by the Delegation

The delegation said the Ethnic Relations Commission was mandated to build ethnic harmony and address complaints of racial discrimination.  The State party protected the independence of all its rights commissions.  People could bring cases of discrimination to the Constitutional Court.

The Human Rights Commission was the secretariat for the commissions for women, indigenous peoples and children.  The annual reports of these bodies were published.

The Police Complaints Authority was required to investigate all claims against the police.  It could not discriminate against members of the lesbian, gay, bisexual, transgender and intersex community.  The Authority was independent and was not financed by the police service.

The High Court was able to apply the Covenant and decisions of the Committee.  There were court cases in which judges had found violations of Covenant rights.  There was a national mechanism on reporting and follow-up on the recommendations of the treaty bodies.  Training for the members of this mechanism had been carried out.  The State was developing a standard process for bringing these recommendations to the attention to the National Assembly and the President.  Some recommendations were not feasible due to the State’s situation as a developing nation and its cultural beliefs.

Questions by Committee Experts

A Committee Expert said the State party had implemented various legislative and policy measures to promote gender equality and ensure the equitable representation of women in public and political life.  How did the State party estimate the impact of these measures?  What barriers had the State party encountered to promoting women’s participation?  How was the State encouraging the implementation of gender equality provisions in judicial and political decision making?  How did gender equality training programmes reach all levels of decision-making?  Could the State party confirm reports that foreign women had no recourse to the courts in cases of abuse against them?

What measures had the State party adopted to prevent and respond to violence against women?  How was it encouraging reporting of such cases, especially in rural areas?  More than half of women in Guyana had experienced at least one form of violence, and the number of cases of domestic violence remained high.  There were 28 femicides in 2022.  How was the State party addressing the backlog of gender-based violence cases and the low prosecution rate, and preventing and punishing femicides?  How did "sexual offences courts" function and what convictions had they handed down?  How was the State party ensuring the availability of shelters for victims of domestic violence in rural areas?  What support was provided at such shelters? 

What measures had the State party taken to ensure the full implementation of the Medical Termination of Pregnancy Act of 1995 and to ensure safe, prompt access to abortion throughout the country?  How did the State party ensure that postoperative services and contraceptive counselling were effectively accessible and of high quality?  How was the State party addressing high maternal mortality and breast cancer rates? 

One Committee Expert asked Guyana to provide data on forfeitures implemented by State asset recovery agencies.  How was the State party responding to reports of corruption?

The Expert welcomed that the State party had removed the mandatory death penalty, and that a moratorium on executions had been in place since 1997.  However, Guyana retained the death penalty for certain offences that did not meet the threshold of the “most serious crimes” under the Covenant, such as treason, hijacking and piracy.  How would the State party promote the abolition of the death penalty?  Would the constitutional reform process affect the State party’s pledge to accede to the Second Optional Protocol?  As of 2022, 17 people had been sentenced to death.  How could these sentences be challenged?  What remedies were provided to persons found to be wrongfully convicted? 

The Committee was concerned by the persistence of excessive use of force by police and security services, including extrajudicial killings.  What progress had been made by the Presidential Commission of Inquiry in investigating extrajudicial killings that took place between 2002 and 2006?  What measures were in place to prevent extrajudicial killings by the police force, to ensure transparent investigations of allegations, and to punish the responsible parties?  There were reportedly disproportionately high rates of racial profiling and extrajudicial killings of Afro-Guyanese citizens.  How was the Government addressing this?  What were the functions of the “Parliamentary Standing Committee to Oversee the Security Sector”?

Another Committee Expert asked how the State party’s Environmental Protection Agency imposed strict environmental standards on various actors.  Had a thorough investigation been conducted into Exxon Mobil Guyana's allegations of corruption, following the Government's granting of a licence to exploit oil fields?  There were reports that the State party implemented a carbon credit trading scheme and a low carbon development strategy without consulting with indigenous peoples.  Companies such as ExxonMobil also did not interact with the people of Guyana.  How did the State party ensure the proper implementation of the Escazu Regional Agreement, especially provisions on consultation and access to information? 

The Committee had received allegations of violations by the police, including forced confessions, rapes of persons in custody, and excessive use of force against minors.  What steps were being taken to react to these allegations and prevent forced confessions?  How many complaints had been lodged against police, how many prosecutions were there, and how many victims had received reparations?

One Committee Expert asked about the role of the Police Complaints Authority in investigating complaints of torture and excessive use of force by the police.  How did the State party guarantee the independence of the Authority?  How many complaints had been received by the Authority and what were their outcomes?  The current President of the Authority had accused the Police Commissioner of blocking the Authority’s activities.  What investigations had been undertaken into these allegations?

Another Committee Expert cited reports of severe overcrowding in prisons, physical abuse of prisoners, and a lack of access to sanitation, water, health care and sunlight.  The overuse of pretrial detention and the absence of a legal bail system were exacerbating overcrowding in prisons.  There were reports of pretrial detention periods far exceeding maximum applicable prison sentences.  Prison Visiting Committees were mandated to investigate prisons, but there were allegations of the lack of independence and transparency of these Committees.  Had all the necessary Committees been set up?  Was the Prison Parole Board functioning?  There were allegations that children deprived of liberty were not always separated from adults.  How was the State party reforming the prison sector?  What alternatives to prison had been adopted by the State party? 

Responses by the Delegation

The delegation said Guyana had made tremendous strides in the field of gender equality.  Thirty-nine per cent of members of Parliament were women and 12 per cent were of indigenous origin.  There were eight female judges and 21 female magistrates.  Females were represented as heads of departments and agencies of the State.  The Government was investing in training for women.  One thousand women had been supported to gain employment and set up businesses.  Most people in teacher training courses were women.  Social welfare programmes had been set up to help women access childcare assistance, including day-care services.  Guyana ranked sixth in the region in terms of gender equality.  The State had one of the highest rates of women who owned property, thanks to support from the State housing programme.  Eighty-five per cent of housing subsidies went to women.

Allegations that foreigners had no recourse before the courts were untrue.  There were several cases in which foreign women took cases to court and received reparations.  The State party had rights commissions that received and investigated complaints of abuse from foreigners.

There had been an increase in domestic violence and sexual violence cases coming before the courts since 2021.  This indicated that training efforts for the police had borne fruit, as had awareness raising campaigns promoting the complaints mechanism.  One State agency operated safe houses for victims of domestic violence, and one non-governmental organization received Government support to offer shelter.  The Open Justice Centre had been established in coastal areas in 2024 to provide support to victims of violence to access State services.  Survivors’ advocates placed in each region had assisted over 300 women to access State support.  The State party also had a hotline for reporting domestic violence and gender-based violence. 

Conviction rates for sexual and gender-based violence cases had increased in recent years to over 60 per cent.  The State party had three “sexual offences courts”; it was the first country in the region to establish such courts.  The courts had counsellors to support victims and safe chambers for victims to provide testimony.

There had been no reports of major complications following abortion procedures.  Medical practitioners needed to be trained by the Medical Counsel to carry out abortions.  Women had access to post-abortion services.  The maternal mortality rate had fallen from 190 for every 100,000 births in 2000 to 93 in 2023.  Medivacs funded by the Government worked to preserve the lives of mothers in rural areas.  State medical services and non-governmental organizations were working to promote the early detection of breast cancer through educational campaigns.

There had been six former ministers and former members of the Electoral Commission charged with corruption, and several police officers had been charged with corruption over the reporting period.  Twenty-six police officers had been charged with violence against partners or ex-partners.

The State party was working to amend legislation to change mandatory aspects of the death penalty.  If persons killed police officers or other persons in an act of piracy, they were now issued with life imprisonment and parole after 20 years rather than the death penalty.

ExxonMobil had held several open consultations with the public.  Allegations that there was no 
consultation with villagers regarding the carbon credit scheme were untrue.  Any business operating in an Amerindian community needed to engage with the community council.

The Police Complaints Authority was functioning.  It had the authority to investigate all allegations of abuse by the police.  It was headed by a retired judge.  Children were not kept in the same location as adults in police stations.  Children in conflict with the law were placed under the custody of the Child Protection and Care Authority.  There had been a reduction in pretrial detainees from 20 per cent in 2020 to 13 per cent in 2023.  Measures were being implemented to improve conditions in prisons and another women’s prison was being built.  Persons could file claims of wrongful imprisonment in courts.  There were cases in which the courts had offered financial reparations for persons who were wrongfully imprisoned.  The former Police Commissioner had been dismissed for misconduct and was currently undergoing court proceedings.

Follow-Up Questions by Committee Experts

Committee Experts asked follow-up questions on allegations of ExxonMobil paying money to the State to gain access to permits to conduct extractive activities; how the State party ensured that the Environmental Protection Agency was independent, and who appointed the director of the Agency; how the State party was promoting the abolition of the death penalty; the mechanism for reviewing death sentences in light of new evidence and providing remedies to persons who were wrongfully convicted; what happened when the Police Complaints Authority found police to have committed human rights violations; reasons for discrepancies in the quality of abortion services between urban and rural areas and efforts to increase access to such services in rural areas; the number of breast cancer screening centres; details on prisons where facilities had been improved; and how the State party intended to manage its wealth gained from oil exploitation to tackle poverty and boost living standards.

Responses by the Delegation

The delegation said Guyana took seriously its responsibility to protect the environment and its rainforests.  The Environmental Protection Agency had brought in increased fines for flaring, which ExxonMobil needed to pay, and the State party was not aware of allegations of preferential treatment for ExxonMobil.  The Agency was required to maintain a register of information on environmental authorisations and incidents threatening environmental harm, some of which was available to the public.  The Agency was independent.  The former director of the Agency oversaw the 2016 secret production sharing agreement, which had been heavily criticised.  The Agency had a board that appointed and reviewed the conduct of the director.  The World Bank was providing technical assistance to update the Environmental Protection Agency Act to address oil and gas exploitation. 

Only 30 per cent of the State budget came from oil revenue.  The National Resource Fund law governed the use of oil and gas revenue.  It was managed by a team of individuals that included no Government officials.  Matters relating to the use of funds were dealt with by the National Assembly.  Oil had given the State the ability to conduct transformational protects, such as the construction of roads, schools and hospitals, and the establishment of services for vulnerable persons.  The country was changing, and people were increasingly able to access housing and better living conditions.  Guyana was working to ensure that Guyanese benefited from the revenues of oil and gas industries.  It had made pledges to protect the environment, increase budgets for health and education, and support the development of indigenous communities.

There had been no presidential inquiry into extrajudicial killings from 2002 to 2006.  The issue of the death penalty would be determined through consultations with the Guyanese people.  Persons could apply for appeals of death sentences based on new evidence.  The Police Complaints Authority had no powers to penalise, but it could call for a coroner’s inquest and for the Director of Public Prosecutions to examine complaints against police officers.  The Authority had increased its capacity to conduct its own investigations. 

The State party accommodated 1,500 inmates in five prisons, including one female prison.  It was working to upgrade facilities at one prison and construct another female prison.  The State was providing inmates with high school level education. 

There were some regions that did not have facilities for conducting abortions, but work was underway to develop such facilities in all regions.  All health centres could examine patients regarding breast and prostate cancer and refer patients for treatment.  Sexual and reproductive health services were freely provided at all health centres.

Questions by Committee Experts

A Committee Expert said arbitrary and unlawful arrest by police officers and subsequent unlawful detention of civilians, including minors, was widespread.  How many investigations had been undertaken and convictions issued following complaints of unlawful arrest and detention?

Another Committee Expert asked about measures taken by the State party to promote the reintegration of children in conflict with the law into society.  How many sentences were imposed on minors in the reporting period?  How did the State party ensure the detention of children was used only as a last resort and for the shortest possible time?  What difficulties did the State party face in implementing the Juvenile Justice Act?

What measures were in place to combat trafficking in persons and child labour, particularly in rural areas?  Was the State party aware of reports of children being employed in hazardous work, and of rising numbers of children in street situations?  The national action plan for the elimination of child labour showed the Government's commitment to eliminate all forms of child labour by 2025.  Which stakeholders were consulted when developing the plan?  How was the State party ensuring that children were registered at birth and had identity documents?

One Committee Expert asked if the State currently had a backlog of criminal cases.  Apart from converting shipping containers into courtrooms in prisons, what other measures had been taken to make progress in reducing the backlog in the criminal field?  Had new criminal courts been created in recent years?  Could the State party provide information on the legal aid system and the number of cases in which legal aid was requested, granted and denied?  What measures were in place to ensure access to justice and free legal aid for people living in rural areas and indigenous peoples?

Did the State party intend to adopt comprehensive national legislation on refugees and asylum procedures?  What measures were in place to provide adequate safeguards against refoulement, ensure the protection of refugees arriving from Venezuela, prevent and combat trafficking in refugee women and girls, in particular those from Venezuela, and ensure the protection of victims?  Did the State party plan to accede to the 1954 Refugee Convention and its 1967 Protocol?  There were allegations of discrimination and ill-treatment of Haitian migrants, including detentions in inhumane conditions.  The Government had ordered the removal of Haitian migrants from the list of foreigners who could stay in Guyana for six months without a visa.  Why was this done?  What was the situation of Haitian asylum seekers?

A Committee Expert said 90 per cent of mass media were reportedly either controlled by the State party or owned by Indo-Guyanese who supported the Government, and that Afro-Guyanese faced censorship as a result.  The National Broadcasting Authority reportedly lacked independence and impartiality, and partisan bias affected the Authority’s regulatory and licensing decisions.  How would the State party ensure that the media in Guyana was independent and that opposition voices were not censored?  Would the Government consider replacing the State-owned media with a public service broadcaster?  How would the State investigate concerning reports of harassment against media workers and human rights defenders, decriminalise defamation, and prevent a climate of online intimidation from flourishing?

The Committee regretted that the Amerindian Act of 2006 had not yet been amended.  What progress had been made in this regard?  The Amerindian Land Titling project had been significantly delayed and was reportedly not operating effectively.  How would the State party expedite this process?  The State party had entered mining agreements without an environmental permit.  Expansions of one agreement were adopted without seeking the informed consent of the Wap-i-chan peoples or their representatives.  How would the State party ensure proper consultation with Amerindian communities on extractive projects and protect indigenous sacred and cultural sites?  How would the State party ensure that the Isseneru people received reparations for the violations identified by the Inter-American Commission of Human Rights?

Another Committee Expert said the former Director of the Environmental Protection Agency was appointed in 2018 and was not involved in the 2016 secret agreement with ExxonMobil.  Why was another Director appointed recently?

The Expert expressed concerns about the structuring of the electoral system around two ethnically based political parties.  The system did not allow for inter-ethnic cooperation between parties.  What measures were being taken to amend the electoral system to break this bipartisan logic?  The Electoral Commission excluded members from outside of the main political parties and indigenous peoples.  There were reports of it lacking independence and impartiality.  How did the Commission monitor the financing of political parties and resolve electoral disputes?  What was the role of the courts in the resolution of electoral issues?  The State had not implemented measures to allow persons with disabilities and people in pre-trial detention to vote.  Would it do this for the next elections?

One Committee Expert said the President had appointed the Chancellor and Chief Justice, as well as judges and part-time judges.  Several Presidents had kept judges in “acting” positions, negatively affecting their employment and security of tenure.  Delays in the appointment of judges led to a significant backlog of legal cases.  How was the independence of judges and prosecutors ensured?  Were there rules on their appointment, promotion and dismissal?  Did the State party intend to establish a self-governing body that would deal with all aspects relating to the careers of both judges and prosecutors?  What was the current gender representation of the judiciary?  How was the State party strengthening public confidence in the judiciary and the Direction of Public Prosecution?

Responses by the Delegation

The delegation said the current Director of the Environmental Protection Agency was appointed by the Agency’s board.  The former Director implemented the 2016 production sharing agreement.  The State party had a national forum for consultation with civil society organizations.  Consultations were conducted for all environmental agreements and policies concerning indigenous peoples.

There were 21 television stations in Guyana, of which only one was owned and operated by the State.  Most of the media was privately owned, and all media channels could be critical of the Government.  Harassment of the press by the former Government had led to outcries, including from the current Government.  The State party was committed to amending the Cybercrime Act to address elements of it relating to sedition.  Charges had been brought against a person who had verbally attacked the Government.

New legislation would contribute to reducing the number of persons in pre-trial detention.  Standard operating procedures were in place for police arrests, and police who disobeyed these procedures could be brought to trial.  The Constitution and the Juvenile Justice Act upheld the best interests of the child.  No child under 14 could be charged with a criminal offence.

There were 13 ongoing projects to build new courts, and 12 projects to rehabilitate existing courts.  New courts had been established in rural areas and a travelling court had also been set up to increase access to justice in these areas.  There was a backlog of criminal cases.  The Bail Act aimed to reduce prison overcrowding by reducing pretrial detention.  The Restorative Justice Act provided for the establishment of a restorative justice centre and increasing use of alternative sentencing.  Bills were tabled in 2023 and 2024 that aimed to expedite court cases and establish a plea agreement system.  Legal aid clinics were separate from the Government.  Government investments in these clinics had increased in recent years.

The State party held consultations with various agencies to develop the national action plan on preventing child labour.  Children were required to attend school up to age 15.  Over 80 per cent of children were currently attending school.  The State party was not aware of any children working in manufacturing or mining; this was prohibited.  There had been a strong decline in the child labour rate, from 18.3 per cent in 2014 to 6.4 per cent in 2019.  The proportion of children involved in hazardous labour had also declined over the same period.

Follow-Up Questions by Committee Experts

One Committee Expert welcomed plans to remove the provision on sedition from the Cybercrime Act.

Committee Experts asked follow-up questions on measures to protect children born abroad and single parent families from becoming stateless; measures to improve access to justice and free legal aid for indigenous communities; steps taken to guarantee the best interests of the child and create a mechanism to protect the rights of children; the number of children working in rural areas and mechanisms promoting access to education in rural areas; whether the Constitution allowed the State party to derogate from obligations under international treaties; and whether the State party had a policy promoting ethnic harmony.

Responses by the Delegation

The delegation said a two-thirds majority in Parliament was required to derogate from international treaties.  To change the Constitution, a referendum was needed.

Every rural village had primary schools, and each region had secondary schools.  Health care was free, housing was subsidised, and there was broadening access to water and electricity; 28,000 homes in the interior of the country had received solar panels, providing them with electricity.

The President was unable to appoint most of the members of the Judicial Service Commission.  The Chancellor and Chief Justice had not been supported by the leader of the opposition, keeping them in “acting” positions.  The Government would consider amending this system in constitutional reforms.  The Chief Justice had ruled against the Government in certain cases.  Allegations that the judiciary had been compromised were offensive.  Presidents could express concerns about judges nominated for appointment by the Judicial Service Commission, but the Commission had the final say over whether judges could be appointed.

Persons born to a Guyanese national abroad had access to Guyanese nationality.  There were over one million Guyanese living overseas.  The Constitution and State legislation did not address the nationality of second-generation Guyanese.  This issue would be examined in the constitutional reform process.  The Constitution prohibited statelessness.

Between 2017 and 2021, there were suspicions that Haitians were being trafficked through Guyana into Brazil.  The Government had removed the six-month no visa requirement for Haitians to prevent this practice.  The State party criminalised smuggling of migrants.  Three persons were convicted for trafficking in persons in 2022 and seven were convicted in 2023.  Several non-national women were identified as victims of trafficking and offered shelter.  Guyana did not forcibly deport victims of trafficking.  It did not offer refugee status, but it was not difficult to get working visas in Guyana.

The Pro-Bono 500 initiative included several interventions supporting access to justice in interior locations.  The State party was working to review the Amerindian Act in collaboration with the indigenous community; 3,600 Amerindian leaders had participated in education workshops on the Act.  The multi-stakeholder group on Amerindian land titling was made up of non-governmental organizations of Amerindian people.  The group had agreed on a plan to establish 24 absolute titles and 39 demarcations of indigenous land.

Concluding Remarks

GAIL TEIXEIRA, Minister of Parliamentary Affairs and Governance of Guyana and head of the delegation, said the Government was striving to leave no one behind as it transformed the country.  It aimed to enhance economic activities and jobs.  Rights were critical, and the Constitution and legal framework provided for those rights.  The State party had created rights commissions to provide redress for rights violations.  Judges ruled independently.  Transparency was important to Guyanese society.  Every citizen had the right to express their views, but the State party would not allow anarchy.  The State party had not yet reached where it wanted to go.  It needed more skilled labourers and was investing in expanding the skills of its labour force.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2024/03/examen-du-guyana-au-comite-des-droits-de-lhomme-la-legislation

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not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.