Dear Editor,
I was fascinated by the Guyana Independence Order 1966, available on Legislation.gov.uk, which was made on the 16th of May 1966, laid before Parliament on the 20th of May 1966, and came into full enforcement on the 26th of May 1966. This significant document not only marks a pivotal moment in Guyana’s history but also outlines important principles that have shaped the nation’s legal framework.
In particular, I believe Article 15 of the Guyana Independence Order should be recited at every Independence Day celebration. This article, which addresses the issue of protection against discrimination, encapsulates the fundamental values of equality and justice that are essential to any democratic society.
The article states:
“Protection 15, — (1) Subject to the provisions of this article— (a) No law shall make any provision that is discriminatory either in itself or in its effect; and (b) No persons shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2) In this article, the expression ‘discriminatory’ means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3) Paragraph (1)(a) of this article shall not apply to any law so far as that law makes provision— (a) with respect to persons who are not citizens of Guyana; (b) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law; or (c) whereby persons of any such description as is mentioned in the preceding paragraph may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable.
(4) Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1)(a) of this article to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in disciplined force, or any office in the service of local government authority or of body corporate established by any law for public purposes.
(5) Paragraph (1) (b) of this article shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in either of the two preceding paragraphs. SI. 1966/575 1251(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision— (a) whereby persons of any such description as is mentioned in paragraph (2) of this article may be subjected to any restriction on the rights and freedoms guaranteed by articles 9, 11, 12, 13 and 14 of this Constitution, being such restriction as is authorised by article 9(2), article 11(6), article 12(2), article 13(2), or article 14(3) other than subparagraph (c) thereof, as the case may be; (b) for the appropriation of revenue or other funds of Guyana; or (c) for the protection, well-being or advancement of the Amerindians of Guyana.
(7) Paragraph (1)(b) of this article shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.”
Reciting this article during Independence Day celebrations would serve as a powerful reminder of our commitment to equality and non-discrimination, reinforcing the foundational principles upon which Guyana was established.
Yours faithfully,
Keith Bernard