THE PPP/C, from the inception of its administration of the Government of Guyana in 1992 until present, has ensured that the human rights and fundamental freedoms of all persons are protected through constitutional provisions, as well as through statutory and administrative measures. This is accomplished by a joint and collaborative complementary effort on the part of the Executive, Legislative and Judicial branches of government, which are compelled to pay due regard to international laws bearing on human rights.
This respect for the human rights of all Guyanese was a principal dream of our nation’s founding mother and father, Mrs. Janet Jagan and Dr. Cheddi Berret Jagan, and their vision is being honoured by the PPP/C.
As I mentioned in a previous article published in the Chronicle, as a result of the PPP/C-prompted Constitutional reform process beginning in 1999, five constitutional human rights commissions were appointed and established: (1) the Ethnic Relations Commission; (2) the Women and Gender Equality Commission; (3) the Indigenous People’s Commission; (4) the Rights of the Child Commission; and (5) the Human Rights Commission.
These commissions aim to protect and promote human rights of individuals and groups of vulnerable persons and at addressing various forms of discrimination by providing complaint mechanisms for redress by impartial bodies.
The Guyanese Constitution guarantees a wide range of civil, political, economic, social and cultural rights.
Article 40(1) boldly declares that “every person in Guyana is entitled to the basic right
to a happy, creative and productive life, free from hunger, ignorance and want…[including] the fundamental rights and freedoms of the individual [laid out in Article 138-154].”
“The Guyanese Constitution guarantees a wide range of civil, political, economic, social and cultural rights.” |
Pursuant to Article 154(A)(1), every person, as contemplated by the respective international treaties to which Guyana has acceded, is entitled to the human rights enshrined in such treaties, which are listed in the Fourth Schedule.
Article 154(A)(4) states that alleged violations or contraventions of such human rights may be laid before the Human Rights Commission for redress.
The Human Rights Commission is governed pursuant to Article 212N, O and P and generally seeks to “promote the observance of and respect for, and protect and investigate violations of the [human] rights.”
Among the various and numerous functions of the Human Rights, are: (1) to monitor the observance of the international instruments to which Guyana has acceded; (2) to monitor and assess compliance with human rights; (3) to educate the public with regard to human rights; (4) to make recommendations in relation to matters affecting compliance with human rights; (5) carry out research and studies concerning the observance of human rights; (6) investigate complaints of violations; (7) resolve disputes by mediation, conciliation or negotiation; (8) take action on behalf of persons whose rights have been violated; (9) institute legal action on behalf of complainants for redress. See Article 212O.
Especially noteworthy is that pursuant to Article 212N(3), the Chairperson of the Human Rights Commission is appointed by the “President from a list of six persons submitted by the Leader of the Opposition after meaningful consultation.”
This reflects the PPP/C’s shift towards participatory and inclusive governance by providing a mechanism for cross-party dialogue, inclusion and parliamentary consensus, which had not existed in the prior 1980 Constitution.
Human rights are likewise protected through the courts and other tribunals. Article 40 instructs that “in the interpretation of the fundamental rights provisions in this Constitution, a court shall pay due regard to international law, international conventions, covenants and charters bearing on human rights.”
Appeals on constitutional human rights grounds to the Court of Appeal shall lie as of right from the decisions of the High Court. See Article 153.
To evidence the PPP/C’s unfettered commitment to protecting and promoting human rights, let us look at a few universally recognised and agreed-upon basic human rights which are guaranteed in developed nations around the world.
Firstly, with regard to the right to culture, the Guyanese Constitution makes clear, pursuant to Article 35, that “the State honours and respects the diverse cultural strains which enrich the society and will seek constantly to promote national appreciation for them at all levels.”
To this end, the PPP/C believes in fostering equity in access to and opportunities for creating and reconciling diverse values through dialogue, tolerance and appreciation. This is why, despite Guyana being a secular state, the PPP/C has always sought to foster cultural diversity. The Constitution’s protection of freedom to choose one’s religion is a prime example of the PPP/C’s respect for and promotion of the right to culture.
Article 145(1) states that “no person shall be hindered in the enjoyment of his freedom of conscience…[which] includes freedom of thought and of religion…to manifest and propagate his religion or belief in worship, teaching, practice and observance.” In fact, Article 38F states that “no person’s religion or religious belief shall be vilified.”
Next, with regard to the right to work, Article 22(1) states that “every citizen has the right to be rewarded according to the nature, quality and quantity of his or her work, to equal pay for equal work or work of equal value, and to just conditions of work.”
Pursuant to Article 140(1) and (2), no person shall be held in slavery or servitude or shall be required to perform forced labour. Again, Article 149A makes clear that “no person shall be hindered in the enjoyment of his or her right to work, that is to say, the right to free choice of employment. To this end, the PPP/C, in its administration of Guyana’s government, has worked diligently to reduce unemployment levels through training and job placement.
Look no further than the 2005 National Training Programme for Youth Entrepreneurship (NTTPYE) which graduated some 2,200 youths. The Youth Entrepreneurial Skills Training Programme (NYESP) offered residential and non-residential skills training benefited some 500 youth. The Equal Rights Act No. 19 of 1990 provides for the concept of “equal work equal remuneration” by removing gender distinctions.
With regard to the right to education, the PPP/C’s education policy aims to ensure that all citizens, regardless of age, race, creed, disability, religion, ethnicity or culture are given opportunities to achieve their full potential.
Pursuant to Article 27, “every citizen has the right to free education from nursery to university,” and “it is the duty of the State to provide education…to reflect the cultural diversities of Guyana.” Article 149H instructs that every child is entitled to free primary and secondary education in schools owned or funded by the State.
“What should be gathered from all of this is that the PPP/C, in its administration of the Government of Guyana from 1992 until present, has made an admirable and meritorious effort to ensure that human rights and fundamental freedoms of all persons are protected and promoted in the same way such are protected in more developed nations globally.” |
Especially noteworthy is that via Article 38E, formal education is compulsory up to the age of 15. This reflects the PPP/C’s commitment to ensuring that no child is denied education. To this end, the PPP/C has built, rehabilitated and extended hundreds of schools across all 10 administrative regions, including hinterland/geographically restricted areas. Moreover, under the PPP/C, students are given free text books as well as school uniform vouchers and school-feeding programmes are being implemented. It is worthy of praise to note that under the PPP/C, Guyana has achieved universal primary education and is on track to meet its Millennium Development Goal pertaining to universal secondary education.
What should be gathered from all of this is that the PPP/C, in its administration of the Government of Guyana from 1992 until present, has made an admirable and meritorious effort to ensure that human rights and fundamental freedoms of all persons are protected and promoted in the same way such are protected in more developed nations globally.
In so doing, the PPP/C has respectably followed in the tradition of my grandparents, Dr. and Mrs. Jagan. This of course, militates in favour of and ultimately necessitates that the PPP/C is the only logical choice on November 28, 2011. Come out on November 28 and help support continued progress by voting for the PPP/C!