At its human rights review by the United Nations in Geneva, Switzerland two weeks ago, Guyana was called out for still having the death penalty on its books, not doing enough for the LGBT community and failing to establish a human rights commission.
At the recent 35th Session of the Universal Periodic Review those were the areas focused on by the more than sixty countries which responded to Guyana’s status report. Guyana’s Permanent Representative to the UN Dr. J.R. Deep Ford, led the country’s delegation of four to the review. In his report Ford admitted that teen pregnancies, maternal mortality and gender-based violence all remain areas of concerns for Guyana. While he responded to most of the concerns raised no response was given to those that related to the Lesbian, Gay, Bisexual, Transgender (LGBT) community nor was any given to the comment by the United Kingdom that the country increase media freedoms.
The country’s report with all the recommendations will be prepared by Australia, Chile and Pakistan and circulated today.
Eleanor Quinn of the United Kingdom of Great Britain and Northern Ireland noted that even though Guyana had promised, it has not yet ratified the optional protocol to the convention on the elimination of all forms of discrimination against women.
She also urged the country to increase efforts to promote and protect “media freedom and we stress the importance of a free, fair and independent media that is treated appropriately, free from legal or other restrictions, including defamation laws. We encourage Guyana to join the Media Freedom Coalition in the coming year.”
“Whilst we welcome the removal of the mandatory death penalty for murder, it is regrettable that death sentences continue to be imposed. We urge the Government to establish a formal moratorium on executions, with a view to eventual abolition,” the representative further stated.
Quinn recommended that Guyana ensure services are sufficiently available for all victims of trafficking: including men, as well as women and children and to adopt an open, merit-based process when selecting national candidates for UN Treaty Body elections. Further it was suggested that Guyana repeal all legal provisions that discriminate against persons on the grounds of their sexual orientation or gender identity.
Additional shelters
Lolanda Joltput of Canada recommended that Guyana expand its services for victims of gender- based violence, including the establishment of additional shelters and crises centres to protect victims. She also called for the repeal of laws that criminalise same-sex relations and implementing of the 2018 Caribbean Court of Justice (CCJ) ruling regarding the unconstitutionality of the law banning cross dressing
Mexican Ambassador, Maria del Socorro Flores Liera recommended that Guyana promote the protection of migrant workers and their families in order to ensure their security and freedom.
Mexico also recommended a regulatory public framework in the field of asylum including adoption rules in line with international procedures and thirdly to review existing legislation to repeal provisions that stigmatise or discriminate against persons from certain sections of the population on the grounds of gender, sexual orientation, ethnicity or disability.
The Netherlands’s Cato Van Hasselt, said that she was concerned that Guyana has seen no improvement in the position of the LGBT community.
“They continue to face discrimination and violence,” she said, adding that her country recommends that Guyana revises the legislation to decriminalise homosexuality and combat all forms of violence and discrimination against those in this community.
Van Hasselt said her country also recommends that Guyana revamp the health and family life education programme by aligning it with the updated United Nations international technical guidance on sexuality education and training teachers and other service providers to deliver it accordingly.
And Paraguay’s Raquel Cristina Pereira Farina urged that Guyana provide affordable, accessible child care services and noted that the recommendation made by the country at the last review is still to be implemented which included the abolition of the death penalty.
Peru’s Silvia Elena Alfaro Espinosa highlighted Guyana’s leading role in promoting the rule of law in the region but recommended strengthening the protection and rights of the Amerindian peoples through updating the laws on Amerindians and other relevant laws to align it with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
In answer to Peru, Ford said that the Government continues meaningful engagements with the country’s indigenous peoples including in adherence to the principles of free prior and informed consent in accordance with international law instruments such as UNDRIP.
As it relates to the death penalty the Ambassador clarified that while the death penalty still exists “Guyana is de facto abolitionist” as there has been no execution in more than two decades, the last one occurring in 1997.
“While the state is committed to fulfilling all of its international obligations it is compelled to engage in a participatory process of decision making. The current Government has indicated its openness and preparedness to embark on (a consultation) process to ascertain the will of the people regarding abolition,” the Ambassador said, adding that the work will be pursued as part of the constitutional reform bill and the law reform commission act.
Portugal’s Sonia Melo E. Castro recommended that Guyana finalise plans to establish a human rights commission and allocate adequate financial and human resources to allow it to carry out its mandate. Ford responded to the issue of the human rights commission and noted that there is indeed no commission but he said the Government has been able to ensure that all other rights commission are functional, independent, well-resourced and continuing their work.
“The Government is working towards to the human rights commission by way of a bi-partisan parliamentary committee and seeks to put in place as soon as possible the current structure of the human rights commission,” he said, adding that further changes will be effected through reform of the constitution.
Inclusive
Meanwhile, Ford in presenting the country’s report, which is its third in the review process, said it was drafted after inclusive consultation that was undertaken by a standing coordinating apparatus established in the Office of the Prime Minister which has responsibility for tracking and reporting on the recommendations.
During that period the Government confirmed 88 recommendations and noted 55 for consultations and considerations. In the national report 31 recommendations are fully implemented, others have been partially implemented or are engaging the attention of the government.
And in response to a question from the delegation of Uruguay during the last review of measures being taken to implement the Sexual Offences Act of 2010, Ford noted that sexual offences courts have been established in the three main counties of Guyana.
Ford also mentioned a five-year multi-sectoral plan of action for the implementation of the sexual offences act that is being finalized and is expected to be implemented by the first quarter of this year. Protocols, such as the police officer’s guide and the medical practitioners’ guide to the sexual offences act were also mentioned as evidence of the implementation of the act. Further, he reported that the Government enhanced its legislation on corruption and he named the State Asset Recovery Act of 2017, the Witness Protection Act 2018, and the Protected Disclosure Whistle Blower Act 2018 to support this statement. Critics have said these laws are on the books but have not been enlivened
He also mentioned Guyana’s improved showing in the recent Transparency International (Tl) Corruption Perceptions Index (CPI) Report, registering its best score ever with a score of 40 and being once again listed among 22 countries which have significantly improved their standing in the last eight years.
‘Remain a challenge’
In the area of health Ford acknowledged that teen pregnancies and maternal mortality are areas that remain a challenge. He noted that public hospitals now offer medical termination services with trained professionals but he said more needs to be done especially in underserved rural and hinterland areas.
Guyana received 13 recommendations on gender based violence “and supported every one of them” but the area is still one of concern, he said.
“This remains an area of grave concern, and one that the Government is working on intensively and continuously to increase its efforts to bring this scourge under control,” a grave sounding Ford said.
He said that there was some Guyana context that was taken into consideration in the country implementing review recommendations. He listed them as challenges related to Guyana’s geographic dispersion, multi-cultural population and economic and environmental vulnerability but he said the country endeavours to provide human right services to all regions.
Barring all the challenges, such as the risks of climate change, heightened protectionist trade trends and increased migration flows from neighbouring countries, Ford said the country continues to make progress in its economic, social and environmental development.
He said that over the years Guyana has maintained steady economic growth and he pointed out that in the UNDP’s 2019 Human Development Report Guyana is classified in the medium human development category with a human development index value that has increased from .663 in 2015 to .670 in 2018 which positioned Guyana at 123 out of 189 countries.
