THE three-day Hague Convention Conference opens in Georgetown today. The Hague Conference on Private and International Law (HCCH) is the world organisation for cross-border cooperation in civil and commercial matters. The hosting of this conference under the theme: “International Family Law, Legal Cooperation and Commerce, Promoting Human Rights and Cross-Border Trade in Guyana through the Hague Convention” is a welcoming sign.More importantly, that the Government has not only taken the initiative to host the convention but also indicated Guyana’s intention of becoming a HCCH member, is a plus for small-state societies such as ours that have to compete for our share in a global economy that is complex and fiercely competitive.
Membership in organisations of this nature comes with the corresponding responsibility to comply with the rules governing membership and implementation of conventions enshrined therein. Choosing which conventions will be regarded is not a choice issue, but that of expected full compliance, lest a country be cited.
Recent events bear this out, as in the instance of the Caribbean Financial Action Task Force (CFATF), which is affiliated to the international Financial Action Task Force (FATF). Previous editorials have dealt in depth with this matter and the consequences, present and potential, Guyana and its citizens are facing and are likely to face in ensuring full compliance with international expectations on laws pertaining to Anti-Money Laundering and Countering the Financing of Terrorism.
Attorney General and Minister of Legal Affairs, Basil Williams, has communicated that a benefit of being a HCCH member is that Guyana can access pertinent legal conventions that would benefit the country’s trade and human rights’ interests, which is another step in the right direction. Guyana is a member of the European Union (EU) through association with the Caribbean Community (CARICOM) and The Dominican Republic Economic Partnership Agreement, where among the focus of the EU Common Market is that of promoting human rights. The convergence of interest on human rights can only strengthen the country’s welfare in the international arena.
HCCH Secretary-General Christophe Bernasconi in an interview with this newspaper has advised that the conference is to promote work in the field of human rights with regard to the protection of children in cross-border situations, and other child- abduction and child-protection matters, as well as strengthening the rule of law, which would enable commercial operators to have legal certainty before they decide to do business in foreign jurisdictions, thereby fostering international trade and business.
Recently, this newspaper carried a story on Trafficking in Persons (TIP) and Minister Simona Broomes speaking to the issue of Guyana being removed from the United States (U.S.) Government’s Tier 2 Watch list. In acknowledging efforts at compliance which resulted in Guyana’s elevation in status, the minister noted that the country still has ways to go, children are still being trafficked, and the fight to end TIP requires widespread support.
It is reasonable to assume that the minister was alluding to support for conventions against TIPs and protection for children’s rights, as well as for local laws and for business and citizens to avoid this unsavoury practice, and where it exists for it be reported. The State’s judiciary and enforcing arm are adequately empowered to deal with TIPs.
Notably, the Guyana Constitution has enshrined Fundamental Rights and Freedoms of the Individual, which are built off of the United Nations Human Rights Declarations, which the HCCH will be guided by in its operations. Institutional support for ensuring these are respected can be had through the Human Rights Commission, Women and Gender Equality Commission, Indigenous Rights Commission, all of which have not been established. As a matter of accepted universal principle, where a law provides no hiatus for the functioning of any institution, such institutions ought to never be non-functional.
Where the HCCH values adherence to rights and strengthening the rule of law in providing international commercial operators legal certainty before they decide on engaging in trade and business with foreign jurisdictions, it is to Guyana’s benefit to act accordingly.
Present encounters with the FATF, CFATF and the U.S.’s stance on TIPs, the consequences for compliance and non-compliance are lessons to be taken away on how international relations, trade and business are moving toward, insisting on, and relying more and more on forging alliances with countries engaged in ethical practices of human rights and the rule of law. With such requirements and protection, Guyana and citizens stand to elevate our status on the Human Development Index.
