Worst human rights abuses involved security forces, poor prison conditions

The most serious human rights abuses that have occurred in Guyana have involved complaints by suspects and detainees of mistreatment on the part of the security forces, unlawful killings by the police, and poor prison and jail conditions, the 2013 US Report on Human Rights has said.

According to the report, other human rights problems included lengthy pretrial detention; allegations of government corruption, including among police officials; excessive government influence over the content of the national television network and continued restrictions on radio licensing; sexual and domestic violence against women; abuse of minors; and laws that discriminate against lesbian, gay, bisexual, and transgender (LGBT) persons.

It noted that there were no independent and transparent procedures for handling allegations of killings and other abuses by security force members. And prosecutions when pursued were extremely lengthy, and convictions were rare, leading to a widespread perception that security force members and government officials enjoyed impunity.

While the law prohibits such practices, the report noted that there were reports alleging mistreatment of inmates by prison officials as well as allegations of police abuse of suspects and detainees.

In 2012 the Police Complaints Authority (PCA) received 36 complaints of unnecessary use of violence. Local media reported several cases of random police brutality, arrest, and interrogation prior to investigation.

 Prisons

According to the report prison and jail conditions were poor and deteriorating, particularly in police holding cells. Overcrowding was a severe problem.

It said that the Guyana Prison Service (GPS) reported that as of October 2011 (latest data available), there were 1,962 prisoners in five facilities, which had a combined design capacity of 1,580. A total of 997 prisoners were in Georgetown’s Camp Street Prison, which was designed to hold 775 inmates. Overcrowding was in large part due to a backlog of pretrial detainees, who constituted approximately 39 per cent of the total prison population.

It noted that the prisoners had access to potable water, and government medical officers visited each prison on a monthly basis. In addition, medical staff consisting of a medical examiner, registered nurses, and assistant nurses provided daily treatment and monitored the sick as advised by the medical doctors. The GPS offered rehabilitation programmes focused on vocational training and education; however, such programmes did not adequately address the needs of prisoners with substance abuse problems.

As of October 2011 there were 88 female prisoners, all at the New Amsterdam prison. Authorities held some female detainees temporarily at the East La Penitence police station.

However, no information was available about the adequacy of prison recordkeeping or the extent to which authorities used alternatives to sentencing for nonviolent offenders. It said that authorities diverted some youth offenders into an employment skills training programme rather than detention.

Police

The Guyana Police Force, according to the report, continued to be plagued by inadequate training, poor equipment, and acute budgetary constraints which severely limited its effectiveness. It made mention of the Caribbean Development Report commissioned by the UN Development Programme, which said that public confidence in the police force was very low. There were reports of corruption in the police force. In 2011 39 police officers were charged for various crimes including robbery, simple larceny, bribery, and indecent assault. And while police force abuses may be reported to the PCA, that authority did not possess an independent investigation unit.

According to the report in 2012 the PCA received 250 written complaints and 450 oral complaints, 106 of which were sent from the Commissioner of Police. Most cited police neglect of duties, unlawful arrest, and unnecessary use of force. The PCA recommended disciplinary action in 70 cases and criminal charges in five others. At the end of 2012, there were 91 reports outstanding.

It was stated that lack of an investigative unit hampered PCA efforts to conduct impartial and transparent assessments of the accusations it received. The report said that the PCA had a staff of six full-time positions and requested that an additional position be created to handle statement records; officers served as the prosecutors.

 Indigenous People

Meantime, the report noted that there were various laws protecting the rights of the Amerindian community, and its members have some ability to participate in decisions affecting them and their land and resources. Rules enacted by village councils require approval from the Minister of Amerindian Affairs before entering into force. And while by law persons wishing to enter indigenous lands must obtain prior permission from the local village council, the report said most visitors travelled in these areas without a permit.

It was stated that indigenous communities’ standard of living was lower than that of most citizens, and they had limited access to education and health care. It was pointed out that little reliable data existed regarding the situation of women and girls in indigenous communities, although indigenous women tended to face three-fold discrimination and vulnerability on the basis of gender, ethnicity, and reduced economic status. All indigenous communities had primary schools, and as of 2012 there were 13 secondary schools with an enrolment of 5,547 in remote regions. The secondary schools had dormitories that housed approximately 1,000 to 1,700 students at government expense. Govern-ment programmes trained health workers, who staffed rudimentary health facilities in most communities.

According to the report since the       passage of the Amerindian Act of 2006, the government increased the number of communal land titles for indigenous communities from 74 to 97, more than doubling the area of communal land titles from 6.5 per cent of the national territory to 14 per cent. In 2010 a total of 134 communities had collective land titles. To earn cash some villages contracted with loggers, saw millers, and miners to exploit timber and other natural resources on their land.

 

Child labour

 

The report stated clearly that the Government of Guyana during the covered period did not enforce existing laws effectively. It said that the Ministry of Labour collaborated with the Ministry of Education, Geology and Mines Commis-sion, Guyana Forestry Commission, National Insurance Scheme, and GPF to enforce child labour laws.

The court can issue a fine of $10,000 (US$49.50) for the first violation of laws regarding child labour, and $15,000 (US$74) for subsequent offences. As of 2012, despite conducting approximately 1,311 worksite inspections, authorities assessed no fines or penalties, nor did they charge any employers with violations related to child labour. Through August, the government continued to work with the ILO to implement the Tackling Child Labour through Education (TACKLE) project.

It said that child labour occurred during the year and was most prevalent in family-based businesses, farming, bars and restaurants, domestic work, and street vending. Small numbers of children also performed hazardous work in the construction, logging, farming, fishing, manufacturing, and mining industries. Although the Labour Ministry reported no child labour violations during the year, NGOs reported that incidents of the worst forms of child labour had occurred, mainly in relation to gold mining, prostitution, and forced labour activities including domestic servitude.

According to local NGOs, children who worked in gold mines operated dangerous mining equipment and were exposed to hazardous chemicals, including mercury.