Attorney General (AG) Anil Nandlall says that union leader Lincoln Lewis’ petition to the United Nations’ Committee on the Elimination of Racial Discrimination, which alleges government-promoted racism and discrimination against persons of African descent, ignored the local judicial options for redress.
“In my considered view, your haste to leap-frog the local judicial process in order to prejudicially internationalise your client’s alleged grievance, may have caused you to overlook the proscription imposed by Article 154 (2) of the Constitution, which may altogether disqualify your client’s proposed petition…” he said, in a letter, dated September 5, 2012, to Lewis’ attorney Nigel Hughes. The letter was copied to the UN Committee on the Elimination of Racial Discrimination through the Foreign Affairs Ministry.
In July, Lewis petitioned the UN Committee, accusing the government of promoting racism and discrimination against persons of African descent through an editorial published in the Guyana Chronicle newspaper.
He sought relief from the UN Committee, arguing that in the absence of a Human Rights Commission (HRC) and a functioning Ethnic Relations Commission (ERC), there was no effective local remedy for violation of the rights to citizens guaranteed under the International Convention on the Elimination of All Forms of Racial Discrimination. “Our client fears that there is a real risk of further publications of a similar nature and unless there is urgent relief granted pursuant to the Convention, persons of African descent are in real danger of prolonged and sustained racial discrimination by the Government of Guyana,” the petition, filed on Lewis’ behalf by Hughes, said.
The petition has been sent to UN Committee’s Petitions Team in Geneva, Switzerland and a formal letter of complaint was sent to Nandlall.
Nandlall, in his response which was sent to Stabroek News, said that Hughes omitted to mention that protection from discrimination on the ground of race is guaranteed to the citizens of Guyana as a fundamental right by virtue of Article 149 of the Constitution of Guyana. He added that Article 153 confers upon every person an unhindered and unqualified right to apply to the High Court for redress, if that person alleges that any of the fundamental rights and freedoms guaranteed has been contravened. Further, he noted that the High Court is invested with the omnibus remedial power to make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the fundamental rights and freedoms which the constitution guarantees.
“It has also not escaped me that your letter conspicuously fails to mention that there exists within hierarchical structure of the judicial system of Guyana, a specialised Constitutional and Administrative Division of the High Court which deals exclusively with constitutional and public law litigation”, Nandlall stated, while adding that he is convinced that those “fundamental omissions” were not unintentional.
With regard to the ERC, Nandlall said that the budget for the entity was cut to $1 by the joint opposition and the court later ruled that the ERC’s budgetary allocations be restored as the reductions were unlawful.
“The Committee on the Elimination of All Forms of Racial Discrimination will be intrigued by the fact that you are now the Chairman of one of those very opposition political parties. The fact that the opposition now controls the committee in the Parliament which has the constitutional responsibility for constituting the constitutional rights- based Commissions but has not convened a meeting for the last seven months, may also be the subject of further intrigue,” he added.
He urged Hughes to direct all his inquiries of grave urgency to members of the opposition. “Needless to say, that the government remains ready, able and willing to discharge its constitutional mandate in this regard,” he further declared.
