Guyana – IMM situation

IMM name: The National Commission on Disability

IMM type: Equality body

CRPD ratification date: 10 September 2014

IMM legal framework: Persons with Disability Act (2010) Cap. 36:10

Guyana ratified the CRPD on 10 September 2014. The requirements for the appointment of members to the Commission are specified in the First Schedule to the Persons with Disability Act (2010) Cap 36:10, Laws of Guyana. Broad-based consultations with persons with disabilities, representative organizations, public and private service providers, and other important stakeholders across the country informed the Act. These consultations resulted in agreements on the categories of members who shall comprise the Commission. Thus, section one of the First Schedule specifies that of the 12 members of the Commission: one each shall be nominated by the subject Ministries with responsibility for Health, Education, Labour, Human Services and Social Security, and Foreign Affairs; three members (two of whom must be persons with disabilities) are nominated from civil society organizations directly involved with the advancement and welfare of persons with disabilities; one member was nominated by organizations working on human rights; one member from organizations representing organized labor; one member who has experience as a caregiver for persons with disabilities.

The IMM is an equality body and is not part of a Monitoring Framework consisting of another or other entities. Section 5 of the First Schedule to the Persons with Disabilities Act (2010) outlines the function of the National Commission on Disability. The Commission is responsible for, inter alia:

• Promoting and protecting the rights of persons with disabilities
• Educating employers and the public and making recommendations for improved employment practices in relation to persons with disabilities
• Facilitating the provision of assistance for persons with disabilities to obtain redress if they are discriminated against or experience a violation of their rights
• Monitoring the implementation and making recommendations for compliance with, international instruments to which Guyana is a party, including the Convention on the Rights of Persons with Disabilities.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building. The NCD engages in public awareness by conducting numerous sensitization workshops at private and public agencies, including commercial entities, Regional Democratic Councils, and tertiary and technical/vocational educational institutions, and schools
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting: The NCD’s work in this area involves establishing a systematic procedure for receiving information from persons with disabilities who have had their rights infringed upon, developing and maintaining a database of complaints, as well as presenting findings of the Complaints Committee to the Commission for consideration of legal action based on the offences committed;
• Monitoring the implementation of the CRPD: The NCD has continuously engaged with the Ministry of Foreign Affairs for reporting and receiving information on the CPRD, and to provide representation and data needed to advocate for compliance with the provisions of the Convention.

The IMM undertakes/has undertaken the following activities:

• Evaluating policy, legislative and administrative compliance with the CRPD: The Commission advocates compliance with the Persons with Disabilities Act (2010), and the CPRD. As part of its Strategic Plan the NCD will advocate for the development of regulations based on the persons with disabilities Act and a complaints procedure. Regulations will set out the legal responsibilities of each Ministry and agency to implement the persons with disabilities Act, as well as the authority of the NCD to monitor the various aspects of implementation and compliance
• Initiating or undertaking research studies on the rights of persons with disabilities. The Commission is currently in the process of conducting a national household survey of persons living with disabilities in Guyana. This will greatly aid in generating an updated register of persons with disabilities and enable the Commission to connect those persons with available resources and services through various government agencies and service providers. The survey will also generate information on the range of disabilities experienced by persons in Guyana and their experiences with discrimination and violations of their rights
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes. Guyana's Constitution provides for the rights of women, children. Further, domestic legislation such as the Persons with Disabilities Act and the Prevention of Discrimination Act offer very specific protections for vulnerable groups, including persons with disabilities. The NCD can reference these laws in the collection of reports
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level. The NCD maintains fruitful relationships with domestic mechanisms, including relevant government ministries and other non-governmental rights organizations. Over the period 2020-2021, the Commission has had fruitful engagements with both the President and Prime Minister, as well as the Ministers responsible for Foreign Affairs and International Cooperation, Legal Affairs, Public Works, Home Affairs, and Agriculture to advocate for more broad-based provisions for persons with disabilities across all sectors
• Liaising with the focal point (s) designated within government under Article 33(1) for matters relating to the Convention’s implementation. The Ministry of Parliamentary Affairs and Governance, formed in September 2020, is the new national mechanism responsible for human rights reporting, implementation, advice, etc. The NDC is expected to work closely with the Ministry for the implementation of the CRPD and for reporting on the CRPD
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD. The Ministry of Parliamentary Affairs and Governance, formed in September 2020, is the new national mechanism responsible for human rights reporting, implementation, advice, etc. The NDC is expected to work closely with the Ministry for the implementation of the CRPD and for reporting on the CRPD.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. In accordance with the Schedule to the Act, the Commission currently has two members/commissioners who are persons with disabilities. These persons were nominated by the respective organisations. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism or framework. In terms of the process of selecting and appointing members to the IMM, the NCD is required to maintain up-to-date registers of persons with disabilities and their representative organisations. Nominations for membership to the Commission are sought by sending requests to organisations within the registers of the NCD. The NCD also facilitates follow-up meetings and discussions with organisations to ascertain better the key issues faced, and to address the concerns of the various demographics that the groups represent.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation

Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism, they have a voice and the right to vote. Serving as Commissioners on the Board allows persons with disabilities and their representative organizations to be integrally involved in the decision-making process of the NCD. They have equal rights to vote and present their opinions as every other Board member. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism, they have a voice throughout the deliberations. Persons with disabilities serving on the Board consult with their respective organizations to put forward their observations, opinions, and recommendations throughout the process of monitoring compliance with the domestic laws and the CPRD.

Participation of persons with disabilities in the monitoring process:

Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Any person living with a disability in Guyana is free to submit a complaint, allegation, or other negative experience to the Commission, and the Commission is required to conduct the required follow-up, representation, and/or referral in an effort to find a solution.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org