-gov’t informs UN Human Rights Council
The government has committed to holding national consultations to review the death penalty and sexual orientation discrimination over the next two years, saying the outcome would be reflected in the country’s laws.
In its latest submission to the United Nations Human Rights Council (UNHRC), dated September 13, 2010, government noted that public opinion here continues to be strongly in favour of the retention of the death penalty at this time. “To substantiate this view, Guyana asks the UN HRC to note that in February 2008 over a period of 4 meetings of the National Stakeholders Forum on crime and security, the three main religious bodies (Christian, Hindu and Muslim), and one parliamentary political party supported the retention of and the enforcement of the death penalty for those on death row. Furthermore, the broad-based 1st National Crime Prevention Confer-ence… comprehensively examined and addressed the causes and challenges of violent crime in Guyana and unanimously adopted the Liliendaal Declaration on Crime Prevention November 24, 2009. One of the 51 recommendations called for the “re-introduction of the death penalty…”” the government said.
It added that Guyana is voluntarily committing to continue consideration of this issue over the next two years and to report its findings to the UNHRC. It had also pointed out that there is no official or unofficial moratorium on the death penalty despite the fact that there have been no executions for more than ten years. It also pointed out that Guyana tabled an amendment to the Criminal Law (Offences) Act on August 9, 2010 in the National Assembly which will provide for sentencing including life imprisonment or shorter periods, and parole, for differentiated categories of murder.
At its appearance before the UN Council in May, Guyana received 112 recommendations and accepted 57, agreeing to consider the remaining fifty-five in due course. “Guyana continues to work towards effectively strengthening the implementation of the 57 recommendations it supported and those others to which it has make further commitments in accordance with its capabilities. Recommendations which could not be accepted relate to issues that have been subject to intense debate in the past and more recently among all stakeholders. The debate on these is ongoing and will be decided democratically,” it said.
On the issue of corporal punishment, the government noted that it evokes strong views in the public. However, it argued that there is a distinction between punishment implemented under strict rules in the educational system and persons who physically abuse children. The latter cases are treated under the Domestic Violence Act, the Protection of Children Act 2009 and the Child Care Protection Agency Act 2009, it said. “The consultative process on a new draft Education Bill, which included “soliciting views of the various stakeholders on the issue of corporal punishment” as directed by the National Assembly, is ongoing,” the government added.
It also pointed out that Guyana has also tabled amendments to the Training School Act and the Juvenile Offenders Act which will remove the use of corporal punishment in juvenile detention centres. It should be pointed out that prior to this, administrative measures disallowed corporal punishment in the sole co-ed juvenile rehabilitation centre in Guyana.
Meanwhile, as regards the issue of discrimination in relation to sexual orientation, the government pointed out that the 2003 attempt to include “sexual orientation” under constitutional protections failed to receive the support of the National Assembly. “Despite this, there is no discrimination by the state against persons based on their sexual orientation. Guyana does not deny that there may be interpersonal prejudices based on cultural attitudes and religious views,” the government said, adding, “No case of discrimination on the grounds of sexual orientation has been brought to the courts, nor is there any known report before any of the human rights commissions or the [PCA], nor any reported violence targeting persons based on their sexual orientation.” It said that Guyana is voluntarily committing to hold consultations on this issue over the next two years and based on the outcome of this democratic process, these will be reflected in Guyana’s laws.
As regards, the issue of continuing efforts to eliminate all forms of discrimination, the government pointed out that Guyana’s Consti-tution prohibits discrimination as well as provides for recourse to the courts on a constitutional motion. It reiterated that statutory instruments such as the Prevention of Discri-mination Act, the Equal Rights Act, the Racial Hostility Act, the Rights of Persons with Disabilities Act, new children’s statutes, and, progressive labour laws further enforce its anti-discrimination position. “Guyana holds to the view that the state does not discriminate by statute, policy, programme or administration. It does recognize, however, that disparities created by poverty and geographic distance coupled with competing and limited resources pose challenges to ensure equitable distribution of goods and services to its people.
Its Poverty Reduction Pro-grammes concentrate on equalizing access to goods and services for those who are vulnerable- women, children, the elderly, indigenous peoples and differently-abled persons,” it added. Guyana is considered an open, hospitable and tolerant multi-cultural, multi-ethnic and multi-religious society, it further said.
Guyana said that since May, the UPR process attracted considerable attention particularly in the local media. It reported on the advancement of the Indigenous Peoples Commission and said that President Bharrat Jagdeo has assented to the new Sexual Offences Act before an audience of a thousand civil society participants on May 24, 2010. “This public signing, the first ever, graphically demonstrated the government and society’s condemnation of sexual violence in our society. Following this, a new and reinvigorated campaign involving communities, civil society, the media and all religious bodies (Christian, Hindu and Muslim) has been launched to end domestic and sexual violence,” the government said.
It also reported that Guyana acceded to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography on July 30, 2010 and the Optional Protocol to the Convention on the Rights of the Child on Children in Armed Conflict on August 11, 2010. Guyana also ratified the UN Convention on the Protection of the Rights of all Migrant Workers and Members of their Families on July 7, 2010.It committed to continued consider of the remaining international human rights instruments.
