Attorney General Anil Nandlall says that he is preparing a response to the UN petition filed by Trade unionist Lincoln Lewis, who has accused government of promoting racism and discrimination against persons of African descent through a recent editorial published in the Guyana Chronicle newspaper.
Nandlall, contacted by Stabroek News yesterday afternoon for a reaction to the petition to the United Nations’ Committee on the Elimination of Racial Discrimination, said that he did not wish to comment as he was preparing a response which will be made available later this week. “I prefer you to await my response,” he said.
Lewis has 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 is 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.
However, when asked about the absence of the HRC and the ERC, Nandlall pointed out that the HRC was never in place while the life of the ERC came to an end as a result of the recent opposition-led cuts to the National Budget. When questioned as to why the HRC was not in place, he declined to comment further stating that this issue will be addressed in his response. The Constitution provides that the Chairperson of the Human Rights Commission is to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation with human rights experts. The Human Rights Commission is to comprise the Chairperson along with respective Chairpersons of the other rights commissions–the Women and Gender Equality Commission, the Rights of the Child Commission and the Indigenous Peoples’ Commission—as well as the Ethnic Relations Commission.
Lewis petitioned the United Nations’ Committee on the Elimination of Racial Discrimination based in Geneva, Switzerland and on Monday informed Nandlall of him move by way of a letter prepared by attorney Nigel Hughes.
Describing himself as an African Guyanese, Lewis said that the contents of the editorial, which appeared in the state-owned newspaper were “racist, sought to promote racial discrimination and were published in violation of the principles” in the Convention on the Elimination of All Forms of Racial Discrimination.
In explaining the alleged violation, Lewis quoted two paragraphs of the editorial, which was entitled ‘Opposition rampages to sow disunity in the country’: (a) “Black youths are socialized by opposition leaders to think that Indians robbed them to get rich, so they automatically feel that they have to wrest by force, even murder, anything Indians have”; and (b) “Hatred of Indians is ingrained into their psyche. Many Indian persons, who grew up in the arms of black people in rural communities have today become fearful anytime a black youth gets too close to them.”
It was noted that Article Two of the International Convention obliges states not to sponsor, defend or support racial discrimination by any persons or organisations. “Our client, who is a Guyanese of African descent, is victim of the racist statements made in the said editorial and is of the opinion that the State through its national newspaper, the Chronicle, has promoted and is seeking to promote racial discrimination against citizens of African descent in Guyana,” the petition states. It was further noted that Article 154 A of the Constitution of the Cooperative Republic of Guyana guarantees every citizen the rights enshrined in the Convention while Article 154 (a) (4) allows a citizen who fears that his rights under the convention are about to be or have been contravened to apply to the HRC.
“No Human Rights Commission has been established in Guyana consequently our client cannot seek protection and or enforce the rights conferred on him pursuant to the aforementioned International Convention in Guyana,” the petition adds, further noting that there is no functioning ERC as provided by Article 212 A of the Constitution.
