The Laws of Guyana on Racial and Political Discrimination

Aug 11, 2015 Letters

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DEAR EDITOR,
Can the Public Authorities justify to the national community the spate of dismissals of state employees in violation of national and international laws?
The laws of Guyana are clear on protecting citizens from all forms of discrimination as fundamental human rights. But it is baffling to witness the actions of the Government, its Ministers and functionaries on the dismissal of large numbers of state employees in breach of the laws of the land, in breach of contract FOR service and in breach of contract OF service, without due process and natural justice.
Such actions seem to be political victimization and witch-hunting, and point to ethnic and political cleansing. The Government must justify to the population these dismissals. The President must publicly address the nation and allay the widespread concern and fears of large sections of the population.
The Governing Authorities – all Members of the National Assembly and the Government must debate this issue in the National Assembly urgently as a matter of public interest to inform the public. This is important since all vocal critics of the previous Government – certain media, organizations and activists including the Guyana Trades Union Congress, GHRA, Transparency Institute of Guyana, the religious bodies, the partisan EU and ABC Country representatives have been silent on these matters.
The issues of all forms of discrimination are addressed in our Constitution and Labour Laws as follows:
“We, the Guyanese people,..Celebrate our cultural and racial diversity and strengthen our unity by eliminating any and every form of discrimination”.(Preamble). The right to form political parties and their freedom of action are guaranteed…Art.10. It is the duty of the State to enhance the cohesiveness of society by eliminating discriminatory distinctions …Art. 34
Chapter two of the Constitution guarantees the right to equality of opportunity and treatment in all aspects of employment, education, social and political life; and imposes a duty on the state to protect the just rights and interests of citizens.
Chapter III of the Constitution on Fundamental Rights states that ”the Fundamental Rights and Freedoms of the individual entitle every citizen basic rights without distinction and discrimination including the right, regardless of his/her race, origin, political opinions, colour, creed or sex subject to the rights and freedoms of others and the public interest to freedom of conscience, of expression, assembly, and association”. (Articles 40, 145, 146, 147)
“Protection from discrimination on the grounds of race, place of origin, political opinion, colour, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture…”(Art. 149)
Our Labour Laws, in particular, the Prevention of Discrimination Act, Chapter 99:09(No. 26 of 1997), provides for the elimination of discrimination in employment, training, recruitment, and membership of professional bodies. Under Part II (Section 4) the Act prohibits discrimination on the grounds of: race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, economic status, political opinion, disability, family responsibilities, pregnancy, marital status, or age except for the purpose of retirement and restriction on work and employment of minors.
The Act further prohibits discrimination against a person by distinction, exclusion or preference, the intent of which is to deny equality of opportunity or treatment in any employment or occupation.
International Labour Convention III – Discrimination (Employment and Occupation), 1958, ratified by Guyana, requires the promotion of equality of opportunity and treatment in relation to employment and occupation and calls on states to declare and pursue a national policy designed to eliminate all forms of discrimination. The Convention defines discrimination as “any distinction, exclusion or preference based on race, colour, sex, religion, political opinion, national extraction or social origin affecting equality of opportunity or treatment in employment and occupation”.
How has the Government and its functionaries been applying national and international laws in the context of a spate of dismissals in the public sector since assuming office? Are they violating the laws, riding roughshod over citizens’ fundamental rights, and indulging in ethnic and political cleansing?
The National Assembly and the Government, in their words, actions and decisions should give meaningful expressions to the intent and spirit of our laws in a determined effort to foster a just, humane, and compassionate multi-ethnic, plural society for all peoples.
Joshua John

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