– President sees need for consultation before new commitments on international family law, legal cooperation and commerce

LEGAL implications and ramifications of conventions aligned to the Hague Conference on Private International Law (HCCH) must be understood, President David Granger said Wednesday evening as he emphasised the need for consultation. The President was speaking at the opening of the Hague Conference at the Pegasus Hotel in Kingston, Georgetown.
HCCH is an organisation that develops international treaties and conventions that deal with international issues involving private individuals or commercial operators and the creation of an environment that is conducive to cross-border trade, cross-border investment, cross-border commerce, the creation of legal certainty and predictability for people and operators, so that all the rules are known, before participation in commercial transactions or overseas investments.

The conference also deals with child adoption, child abduction and child rights.

“We have to commit to understanding more fully the legal implications and ramifications of the adoption of these conventions of the “Conference’ – a process that must be preceded by consultations with national stakeholders,” President Granger said as he delivered the feature address at the opening of the conference.
Nevertheless, he said Guyana’s hosting of the conference is a demonstration of its commitment to examine ways in which its domestic and international human rights architecture, especially on the issues of international family law, legal cooperation and commerce, can be strengthened.

The foundation has been laid for a solid, legal architecture of child protection but the country, he said, must commit to improving existing legislation and similarly commit to fostering an enabling environment for commerce and trade in keeping with the promise of a “good life for all Guyanese.”

“A ‘good life’ means more than economic growth. It is about the creation of a caring and protective society, especially for its most vulnerable members, its children. A ‘good life’ means respecting the rights of children, protecting them from abuse and providing greater opportunities for them to have successful lives,” he said.

According to him, this can achieved at the level of the family, the community, the state and international organisations.

It was pointed out that the Hague Conference has been a pioneer in the protection of the child.

The Declaration of Geneva of 1924 – a landmark in international law –recognised that mankind owed to the child the best that it had to give, the President said.

That ‘Declaration’ had triggered discussions which culminated in the United Nations General Assembly’s adoption of the Declaration of the Rights of the Child.
“The Hague Conference, in the meantime, produced two important conventions which impacted on the protection of children: Convention on the law applicable to maintenance obligations towards children; and Convention concerning the recognition and enforcement of decisions relating to maintenance obligations towards children,” President Granger explained. .

Additionally, several other conventions were produced relating to the protection of minors, adoptions, child abductions and child support and maintenance and measures for the protection of children. The conventions of the Hague Conference have complemented and supported the United Nations’ efforts in the protection of children, have encouraged the development of national systems of legal protections for children and have been instrumental in the development of family law.

Zooming in closer to home, President Granger pointed out that here in Guyana a number of important laws relating to the protection of children have been instituted including: Status of Children Act; Child Protection Act; Adoption of Children Act; Sexual Offences Act; and Custody, Contact, Guardianship and Maintenance Act.

“Guyana’s legal architecture – relating to the protection of children and to issues of family law – is far from finished. We expect that the deliberations of this conference will assist us in improving our systems – both legal and administrative – for the protection of our children,” he posited.

In the area of commerce, he said Guyana will be looking to HCCH for guidance on possible steps to be taken to improve legal certainty and predictability in trade.
“Trade is important to every country. Our country can be the gateway both to markets on the continent and in the Caribbean and the wider world. Legal certainty and predictability in international commerce will provide assurances to exporters and importers trading in regional and international markets.”

Additionally, he said the conference can play a leading role in providing legal certainty and predictability in international contracts.

Meanwhile, Minister of Legal Affairs and Attorney General (AG) Basil Williams who was responsible for organising the event locally, reaffirmed Guyana’s commitment in supporting the Hague Conference.

In reinforcing the country’s commitment, the AG nominated Chief Justice Yvonne Cummings-Edwards and Justice Roxanne George as Guyana’s representatives on the International Hague Network of Judges.

“I have no doubt they will bring to this prestigious network a wealth of knowledge that will contribute positively to operating and functioning of the Hague Conference,” Williams said.

The conference, which is themed “International Family Law, Legal Cooperation and Commerce, Promoting Human Rights and Cross-Border Trade in Guyana through the Hague Convention,” was organised by HCCH, the United Nations Children’s Fund (UNICEF) and the Government of Guyana.

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