The United Nations Committee on Economic, Social and Cultural Rights (CESCR) has voiced concern at the impact of ethnic discrimination on Guy-ana’s development and has urged a review of the relevant laws.
“The Committee is concerned about the impact of ethnic discrimination, in particular in the context of the relationship between Afro-Guyanese and Indo-Guyanese, on the development of the country and the equal enjoyment of economic, social and cultural rights,” the CESCR said in its concluding observations on Guyana’s recent presentation to the rights body in Geneva, Switzerland.
As a result, it recommended that Guyana “spare no efforts” to eliminate the causes of inter-ethnic discrimination. It also urged that government review the Prevention of Discrimination Act 1997 and other relevant laws with a view to bringing them into full conformity with Article 2 of the International Covenant on Economic, Social and Cultural Rights.
The CESCR is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by States that have signed on to the Covenant.
“The Committee is also concerned about the widespread discrimination based on sex, disability, sexual orientation and gender identity, and health status, in all areas of economic, social and cultural rights due to…social prejudice and stereotypes. Finally, it is concerned that the Prevention of Discrimination Act 1997 is mainly applicable to the employment sector and does not cover all grounds of discrimination,” the report said.
Addressing Lesbian, Gay, Bi-sexual, Transgen-der and Intersex (LGBTI) persons, the CESCR expressed concern that same sex relations between consenting adults and cross gender dressing are criminalised in Guyana. It recommended that the State repeal the criminalisation of same sex relations between consenting adults and cross gender dressing. It also urged Guyana to provide effective protection for LGBTI persons against any form of discrimination on the ground of their sexual orientation.
Expressing concern at the lack of reasonable accommodation for persons with disabilities, including physical accessibility to buildings and facilities, the Committee urged Guyana to take all necessary measures to ensure that such persons fully enjoy their economic social and cultural rights, particularly in the areas of employment, social security, healthcare and education, without discrimination. It also recommended that Guyana intensify its efforts to provide reasonable accommodation to persons with disabilities to enhance their accessibility.
Unemployment, brain drain
As it relates to unemployment, the Committee expressed regret that Guyana did not provide sufficient information, including disaggregated statistical data, on the employment situation. It expressed concern that unemployment rates are disproportionately high among youth, women, persons with disabilities, Amerindians and persons living in the hinterland areas.
The UN body also said it is concerned that the measures, including various vocational training programmes, taken by Guyana to address the high unemployment of women and youth have not been effective and that there exists a large mismatch between the skills in demand and in supply.
“The Committee recommends that the State party take all necessary measures to collect disaggregated statistical data necessary to assess the employment and labour market situations and to review and implement effective employment policies. It also recommends that the State party develop targeted measures, including quota systems and incentives to employers, with a timeframe to increase employment opportunities for these groups,” the report said.
The issue of brain drain was also raised. Guyana has the highest rate of migration of university graduates in the world. “The Committee is concerned at the drain of skilled workforce, particularly in the areas of healthcare and education, and its negative impact on the enjoyment of the relevant rights by the people in the State party,” the report said.
It recommended that Guyana take appropriate incentive measures to retain its skilled workforce in the country and thus, to mitigate the adverse impact that the free movement policy under the Caricom Single Market and Economy (CSME) strategy may have on the enjoyment of economic, social and cultural rights of the people in Guyana. It also urged that Guyana carefully monitor the implementation of the strategy, with a view to ensuring the enjoyment of economic, social and cultural rights by its people.
National minimum wage
In terms of the minimum wage, the CESCR welcomed the introduction of a minimum wage in the public sector but said that it is concerned at the absence of the national minimum wage as well as the inadequate coverage and levels of minimum wage rates, which are set through the National Minimum Wage Order for those who are not covered by collective bargains.
“The Committee recommends that the State party take all necessary steps to establish a national minimum wage, which applies to all employees, regardless of the type of contracts, working hour arrangements and sectors, provides a decent living for workers and their families and is regularly adjusted,” the report said.
The committee also expressed concern at the inadequate level of coverage and benefit amounts of social protection programmes under the National Insurance Scheme, including the Old Age Benefits (contributory), the Old Age Pension (non-contributory) and the child allowance. It is also concerned at the absence of unemployment benefits in Guyana.
It recommended that government take all necessary steps to ensure that the employees and the self-employed are covered by the NIS and that the level of benefits, particularly the Old Age Benefits, the Old Age Pension and child allowance, is adequate to ensure a decent living for the beneficiaries. It also recommended that Guyana provide social protection to those who cannot afford to contribute to the NIS through State-supported social assistance programmes.
“In this regard, the Committee draws the attention of the State party to its statement on social protection floors: an essential element of the right to social security and of the sustainable development goals. It further recommends that the State party consider establishing an unemployment benefit under the National Insurance Scheme,” the report said.
Meanwhile, the Com-mittee encouraged Guyana to ratify the Optional Pro-tocol to the International Covenant on Economic, Social and Cultural Rights and to consider ratifying the American Convention on Human Rights and the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights. It also invited Guyana to continue and strengthen its collaboration on issues relating to economic, social and cultural rights with the Office of the United Nations High Commissioner for Human Rights, the relevant United Nations agencies and programmes.
It further urged Guyana to disseminate the present concluding observations widely at all levels of society, particularly among parliamentarians, public officials, judicial authorities, and to inform the Committee in its next periodic report on the steps taken to implement them. The committee also encouraged government to engage non-governmental organisations and the wider civil society in the process of implementation of the present concluding observations, as well as in consultation on its next periodic report.
