Human Rights Report-GUYANA 2010
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Human Rights Report-GUYANA 2010
Guyana:
APRIL 8-2011
Hillary Clinton
The Co-operative Republic of Guyana is a multiparty democracy with a
population of approximately 760,000. President Bharrat Jagdeo was
reelected to a second full term in 2006 elections that international
observers considered generally free and fair. President Jagdeo's
People's Progressive Party Civic (PPP/C) has been the majority party
in Parliament since 1992. Security forces reported to civilian
authorities.
The principal human rights abuses were complaints of unlawful killings
by police, mistreatment of suspects and detainees by security forces,
poor prison and jail conditions, and lengthy pretrial detention. Other
problems included allegations of government corruption, including
among police officials, and sexual and domestic violence against women
and abuse of minors.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
The government or its agents did not commit any politically motivated
killings; however, the Police Complaints Authority (PCA) received 13
complaints of unlawful killings.
On June 7, police officers, responding to a disturbance at a high
school, shot and killed 16-year-old student Kelvin Fraser. The police
said Fraser was shot during a scuffle, while an eyewitness said that
Fraser was fleeing the scene at the time he was shot. A post-mortem
examination found that Fraser died of shock and hemorrhage from trauma
caused by gunshots fired at close range. On June 28, authorities
charged police officer Quancy John with the murder. He was remanded to
prison, and the case was transferred to the Wales Magistrate's Court
and was pending at year's end.
There were no known developments in the investigation by the Office of
the Director of Public Prosecutions in the April 2009 fatal shooting
by an off-duty member of the Presidential Guard.
Murder charges remained pending against three on-duty members of the
Coast Guard for the August 2009 killing of businessman Dweive Kant
Ramdass. The case was set for a court hearing in early 2011.
At year's end prison officials Kurt Corbin and Gladwin Samuels awaited
trial in the High Court for a 2008 manslaughter case.
In the 2008 case of extreme violence in Lusignan in which 11 persons
were killed, Mark Williams, Dwane Williams, and James Hiles awaited
trial in the High Court.
In the 2008 case of extreme violence in Bartica, in which 12 persons
were killed, authorities in May 2009 charged five individuals: Mark
Williams, Dennis Williams, Clebert Reece, Michael Caesar, and Roger
Simon. The preliminary investigation concluded, and the case was
scheduled for a court hearing in early 2011.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits such practices, however; there were reports alleging
mistreatment of inmates by prison officials. There were also
allegations of police abuse of suspects and detainees; however, unlike
in 2009, there were no reports of torture.
During the year the PCA received 11 complaints of unnecessary use of
violence. Local media reported several cases of random police
brutality, arrest, and interrogation prior to investigation.
On December 9, Detective Corporal Ricardo Inniss was accused of raping
a 21-year-old woman who was in custody at the Turkeyen Police Station.
The woman alleged that the detective, who was on duty, threatened her
with continued confinement, took her into a room, and had sex with her
against her will. The woman reported the incident, and the detective
was detained. No charges had been filed at year's end.
The October 2009 case against three police officers, Sergeant Narine
Lall, Constable Mohanram Dolai, and Corporal Oswald Foo, for
maliciously wounding three suspects, 14-year-old Twyon Thomas,
Deonarine Rafick, and Nouravie Wilfred, during a murder investigation
remained pending at year's end. The complainants did not respond to
court orders to appear to testify.
The Office of the Director of Public Prosecutions recommended
dismissal from the Guyana Police Force (GPF) of police officer Lennox
King, who allegedly sexually harassed and attempted to rape a
Brazilian woman in November 2009.
In December 2009 authorities remanded police constable Gavin Holder to
prison on charges of indecently assaulting a 15-year-old girl who was
in police custody; authorities also charged police constable Gary
Verwayne for the same offense. A court sentenced Gary Verwayne to two
months' imprisonment, while Gavin Holder's case remained pending at
year's end.
In December 2009 authorities arrested police constable Colin Jonas and
an accomplice for robbing a businessperson of cash and jewelry worth
500,000 Guyanese dollars ($2,500) at his shop in Crabwood Creek. The
suspects were released on bail of 300,000 Guyanese dollars ($1,500) in
December 2009, and the case remained pending at year's end.
Prison and Detention Center Conditions
Prison and jail conditions were poor and deteriorating, particularly
in police holding cells. Capacity and resource constraints were a
problem. The Prison Authority reported that at the end of October,
there were 2,122 prisoners in five facilities, which had a combined
design capacity of 1,580. Approximately half of the prisoners were in
Georgetown's Camp Street Prison, which was designed to hold 600
inmates but held 1,060. Overcrowding was in large part due to backlogs
of pretrial detainees, who constituted approximately 41 percent of the
total prison population. Government medical officers visit each prison
location on a monthly basis. In addition, a medical staff consisting
of a medical examiner, registered nurses, and assistant nurses provide
daily treatment and monitor the sick as advised by the medical
doctors. There were 83 female prisoners, all at the New Amsterdam
prison. There were no juveniles in custody.
Unlike in past years when all newly hired prison guards received
limited human rights training from the Guyana Human Rights
Association, the association was not invited to perform training
during the year.
Conditions improved at the Brickdam facility lockups this year, after
the facility reopened following renovations, including improved cells
and bathroom facilities. Although precinct jails were intended to
serve only as pretrial holding areas, some suspects were detained
there as long as two years, awaiting judicial action on their cases.
There were reported cases of death in prisons due to neglect or prison
official abuse. On February 5, two prisoners died following a fight at
the Georgetown Prison. An investigation concluded that inmate Soloman
Blackman stabbed inmate Dyal Singh. Other inmates then beat and killed
Blackman. Blackman had been diagnosed by a prison psychiatrist as
mentally ill but was returned to the general prison population after
he showed signs of improvement following medical treatment. Following
the incident, the Guyana Prison Service announced measures to keep
mentally unstable inmates segregated from the general prison
population until construction of a separate facility to hold them.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Prison chaplains representing the
major faiths in the country were appointed to all prison facilities.
Prisoners and detainees are able to submit complaints to judicial
authorities without censorship and to request investigation of
credible allegations of inhumane conditions. Prisoners often
circumvent procedures for submitting complaints by passing letters
addressed to government officials to family members. The government
investigated and monitored prison and detention center conditions. On
October 1, the minister of home affairs appointed chairmen and members
to the prison visiting committees of the Georgetown, Mazaruni, New
Amsterdam, and Timehri prisons. These committees are required to
monitor prison conditions and report findings to the Ministry of Home
Affairs and the Prison Administration.
Juvenile offenders 16 years of age and older were held with the adult
prison population. Juvenile offenders ages 15 and younger were held in
the New Opportunity Corp (NOC), a juvenile correctional center that
offered primary education, vocational training, and basic medical
care. Problems at the NOC included lax security and understaffing.
There were complaints that juvenile runaways, or those out of their
guardians' care, were placed with juveniles who had committed crimes
leading some petty offenders to become involved in more serious
criminal activity.
The Prison Authority reported that there were 83 female inmates in the
women's prison located in New Amsterdam. Due to inadequate facilities,
juvenile female pretrial detainees were sometimes held with adult
female pretrial detainees.
The Prison Authority offered rehabilitation programs focused on
vocational training and education; however, such programs did not
adequately address the needs of prisoners with substance abuse
problems.
While the constitution provides for the appointment of an ombudsman
who may investigate any action taken by any government department or
authority in relation to the administrative functions of that
department or authority, the position has been vacant since 2005.
There was no indication that the government declined to permit
independent monitoring of prison conditions, but there were no known
monitoring visits during the year.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention; however, during the
year the PCA received 50 complaints of unlawful arrest.
Role of the Police and Security Apparatus
The GPF, which is headed by the commissioner of police and overseen by
the Ministry of Home Affairs, employed 2,884 officers and is
responsible for maintaining internal security. The Guyana Defence
Force (GDF) duties include defending the country's territorial
integrity, assisting civil authorities to maintain law and order, and
contributing to economic development. The GDF, headed by the chief of
staff, consisted of approximately 2,600 troops; it falls under the
purview of the Defense Board, which the president chairs.
Inadequate training, poor equipment, and acute budgetary constraints
severely limited the GPF's effectiveness. Public confidence in, and
cooperation with, the police remained low. There were reports of
corruption in the police force. Police force abuses may be reported to
the PCA; however, the PCA does not possess an independent
investigation unit. On occasion the GPF reportedly failed to respond
adequately to narcotics-related violence.
The PCA received approximately 400 written and oral complaints, 230 of
which were sent from the commissioner of police, primarily for police
neglect of duties or misconduct in public places, unlawful arrest,
illegal search, corrupt transactions, and unnecessary use of force.
As of November the GPF Office of Professional Responsibility received
186 complaints; it concluded 144 investigations, and 13 were sent to
the director of public prosecutions. PCA efforts to conduct impartial
and transparent assessment of the accusations it received were
obstructed by staff shortages (five of eight full-time positions were
filled), as well as the lack of an investigative unit. By law the
police commissioner must comply with the PCA's recommendations on
complaints, but the PCA relied on the GPF to conduct investigations
into complaints against its own officers. Long delays in receiving
reports from the commissioner also thwarted the complaints process.
Most cases involving charges against police officers were heard by
lower magistrates' courts, where specially trained police officers
served as the prosecutors.
Arrest Procedures and Treatment While in Detention
An arrest requires a warrant issued by a court official, unless an
officer who witnesses a crime believes there is good cause to suspect
that a crime or a breach of the peace has been or will be committed.
The law requires that a person arrested and held for more than 72
hours be brought before a court to be charged; authorities generally
observed this requirement in practice. Bail was generally available
except in cases of capital offenses and narcotics trafficking.
Although the law provides criminal detainees prompt access to a lawyer
of their choice and to family members, in practice these rights
sometimes were not fully respected. The state provides legal counsel
for indigent persons only when such persons are charged with a capital
offense. However, the Legal Aid Clinic provides legal counsel at a
reduced fee in certain circumstances, as determined by the Clinic.
Police routinely required permission from the senior investigating
officer, who was seldom on the premises, before permitting counsel
access to a client.
Lengthy pretrial detention, due primarily to judicial inefficiency,
staff shortages, and cumbersome legal procedures, remained a problem.
Pretrial detainees constituted 41 percent of the prison and detainee
population. The average length of pretrial detention ranged from six
to 18 months for those awaiting trial at a magistrate's court and for
those awaiting trial in the High Court.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government
generally respected this provision in practice.
Delays and inefficiencies undermined judicial due process. Prisoner
Justin John was taken into custody in 2003 and charged with murder;
his trial was scheduled to begin in 2008, but in May 2010, he was
among 23 prisoners who requested an early trial; he was freed on June
16 after the state was unable to produce witnesses in support of its
case.
In May according to prison records, 132 inmates of the Georgetown
Prison were scheduled to stand trial in the High Court; some had been
incarcerated since 2003. Delays were caused by shortages of trained
court personnel and magistrates, inadequate resources, postponements
at the request of the defense or prosecution, occasional allegations
of bribery, poor tracking of cases, and the slowness of police in
preparing cases for trial.
Trial Procedures
Trials are public and defendants enjoy a presumption of innocence.
Cases in magistrates' courts are tried without jury. Cases involving
more serious crimes are tried by jury in the High Court. Defendants
can confront witnesses against them and have access to relevant
government-held evidence. Defendants have the right to appeal. Trial
postponements were granted routinely to both the defense and the
prosecution. The law extends these rights to all citizens.
The law recognizes the right to legal counsel; however, it was limited
to those who could afford to pay, except in cases involving capital
crimes. Although there is no public defender system, a defendant in a
murder case that reaches the High Court receives a court-appointed
attorney. The Georgetown Legal Aid Clinic, with government and private
support, provided advice to persons who could not afford a lawyer,
particularly victims of domestic violence and violence against women.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
The case of former GDF officer Oliver Hinckson, whose indictment in
2008 for sedition some observers claimed was politically motivated,
was dismissed on June 28.
Civil Judicial Procedures and Remedies
The law provides for an independent and impartial judiciary in civil
matters, and the government generally respected this provision in
practice. There is access to courts to bring lawsuits seeking damages
for, or cessation of, some human rights violations. The magistrates'
courts deal with both criminal and civil matters. Delays,
inefficiencies, and corruption in the magistrate court system affected
the ability of citizens to seek timely remedies in civil matters, and
there was a large backlog of civil cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such actions, and the government generally respected
these prohibitions in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the
government generally respected these rights in practice; however, the
government's monopoly on radio broadcasting continued. The government
attempted to censor or restrict content; the government sought
indirectly to censor the print media by controlling advertising.
On August 9, the government announced the establishment of a Web site
through which procurement opportunities must be advertised. This
announcement was made following the passage of legislation in the
National Assembly to permit the publication of government procurement
opportunities on a freely accessible Web site. Stabroek News claimed
that after the announcement the Government Information Agency (GINA)
placed no advertisements in Stabroek News or any other private
newspapers, although some appeared in the government-run Guyana
Chronicle. Another newspaper, Kaieteur News, offered the government
free placements of advertisements based on the availability of space.
Some attributed this pattern to a government attempt to deprive
independent newspapers of advertising earnings.
Government officials used libel laws to suppress criticism, and the
government closed the UN-funded Media Monitoring Unit, established in
2006 to monitor media in advance of the elections.
On July 12, President Bharrat Jagdeo filed a libel suit for 10 million
Guyanese dollars ($50,000) against the publishers of the Kaieteur
News; its editor in chief, Adam Harris; and columnist Frederick
Kissoon. The suit stemmed from statements in a June 28 article, "King
Kong sent his goons to disrupt the conference." On July 13, the acting
chief justice, Ian Chang, granted an interim injunction, restraining
Kissoon, Harris, and the National Media and Publishing Company
Limited, publisher of Kaieteur News, from reprinting the words or
similar ones as contained in the column. The suit contends that the
article contained "false and manufactured allegations" and was also
"malicious, irresponsible, and inflammatory, calculated and designed
to excite racial hostilities amongst the people of Guyana." The case
remained pending at year's end.
On November 23, Minister of Agriculture Robert Persaud sued
businessman and presidential hopeful Peter Ramsaroop and Property
Holdings Inc. (owners of WRHM Channel 7) for 10 million Guyanese
dollars ($50,000) following the broadcast of a taped television show
on November 7. The minister claimed he was libeled in that broadcast.
On November 23, a judge granted an injunction barring the channel and
Ramsaroop from repeating the alleged libel. The minister asserted that
statements on the program suggested that "he is dishonest, had
committed malfeasance in public office," and was "guilty of fraud and
other kindred criminal offenses." The case remained pending at year's
end.
On August 5, reporters Gary Eleazar from Kaieteur News; Colin Smith,
editor of the Catholic Standard and local BBC correspondent; Arianna
Gordon of the Guyana Times; and Victor Vanvield of Prime News were
turned away from a press briefing at the Office of the President for
not having a GINA pass. They were informed that they would not be
allowed in without a GINA pass and that the Guyana Press Association
accreditation was not acceptable. Cabinet Secretary Roger Luncheon
stated that the government would not surrender accreditation to any
firm or entity other than GINA.
All radio stations operating on the electromagnetic spectrum are
government controlled. In October 2009 the Court of Appeal ruled that
the government had an unlawful monopoly on the airwaves and that the
National Frequency Management Unit was not adequately considering
radio license applications. The government's monopoly on radio
broadcasting continued, limiting the expression of opposition views.
Internet Freedom
There were no government restrictions on access to the Internet or
reports that the government monitored e-mail or Internet chat rooms.
Individuals and groups could engage in the peaceful expression of
views via the Internet, including by e-mail. The International
Telecommunication Union reported that there were an estimated 29
Internet users per 100 inhabitants in 2009.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural
events.
b. Freedom of Peaceful Assembly and Association
The law provides for freedoms of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion
For a complete description of religious freedom, please see the 2010
International Religious Freedom Report at www.state.gov/g/drl/irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign
travel, emigration, and repatriation, and the government generally
respected these rights in practice.
The government cooperated with the UN Development Program Office and
the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The Amerindian Act requires that the local village council grant
permission for travel to Amerindian areas. In practice most persons
traveled throughout these areas without a permit.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees
The government has not established a system for providing protection
to refugees. In practice the government did not expel or return
refugees to a country where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion; however, no such cases
arose during the year.
Section 3 Respect for Political Rights: The Right of Citizens to
Change their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair national elections based on universal
suffrage. However, local government elections, which the law provides
should be held every three years, have not been carried out since
1994. On December 2, the National Assembly passed the Local
Authorities (Elections) (Amendment) Bill, which extended to December
1, 2011, the date for holding local-government elections. Political
parties operated without restrictions or outside interference.
Elections and Political Participation
The most recent elections took place in 2006, when citizens voted in a
generally free election to keep the PPP/C government in office.
Incumbent President Bharrat Jagdeo was reelected to a five-year term.
International observers, including teams from the Organization of
American States, the Caribbean Community, the Carter Center, and the
Commonwealth, noted isolated irregularities not sufficient to change
the outcome, declared the election substantially free and fair but
found that ruling party use of government resources during the
campaign disadvantaged opposition parties.
On February 16, the chief justice dismissed an election petition filed
in the High Court by the minority party, Alliance for Change (AFC), in
which the AFC claimed that incorrect vote counting in Region 10 in the
2006 national elections had wrongly awarded a seat to the PPP/C that
should have gone to the AFC. The chief justice ruled that the party
had breached a mandatory procedure by not filing the affidavit of
service in a timely manner. The AFC filed the document 10 months after
the petition, which the chief justice ruled was too long. The case was
dismissed approximately three years after it was filed.
The constitution requires that one-third of each party list of
candidates be women but does not require the parties to select women
for seats. There were 20 women in the 65-seat National Assembly and
five women in the 21-member cabinet.
While supporters of the two major parties (the PPP/C and the People's
National Congress/Reform) were drawn largely from the Indo-Guyanese
and Afro-Guyanese communities, respectively, political party
leadership was more diverse. The ethnically diverse National Assembly
included three indigenous members. The cabinet was also ethnically
diverse, mirroring the ethnic makeup of the general population. Five
of the 21 cabinet members were Afro-Guyanese, including the prime
minister and the head of the presidential secretariat; there were also
two Amerindian cabinet ministers.
Section 4 Official Corruption and Government Transparency
The law provides for criminal penalties for official corruption;
however, there were reports alleging government corruption and
complacency in enforcing these laws with respect to officials engaged
in corrupt practices. The World Bank's worldwide governance indicators
reflected that government corruption was a serious problem. There was
a widespread public perception of serious corruption in the
government, including law enforcement and the judicial system. Low-
wage public servants were easy targets for bribery. In January there
were 62 GPF members before the courts charged with various crimes
including robbery, simply larceny, bribery, and indecent assault.
Public officials are subject to financial disclosure laws and are
required to submit information about personal assets to the Integrity
Commission, but compliance was uneven and the commission had no
resources for enforcement or investigations.
The law does not provide for public access to government information.
Government officials were generally reluctant to provide information
without approval from senior administration officials.
Section 5 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A few domestic human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Groups at times, however, complained that
government officials were uncooperative and unresponsive to their
views; when they did respond, it was generally to criticize.
The constitution allows for a governmental human rights commission,
but it has not been established. While the constitution provides for
an Office of the Ombudsman to provide redress to government employees,
the ombudsman position has been vacant since 2005.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
While the constitution prohibits discrimination based on race, gender,
disability, language, social status, religion, or national origin, the
government did not always effectively enforce these prohibitions.
Women
Rape and incest are illegal but were neither frequently reported nor
successfully prosecuted. Rape is a problem and pervasive in society.
Ineffective police and prosecutors resulted in few charges and fewer
convictions.
On May 24, the president signed into law a Sexual Offenses Bill that
broadened the definition of rape to include spousal rape, coercion,
new child-sex offenses, and the creation of offenses for vulnerable
adults with a learning disability or mental disorder. Other offenses,
such as indecent exposure, voyeurism, and bestiality are included; the
assumption that males under the age of 14 years are incapable of
sexual intercourse was abolished.
A judge has discretion to issue a sentence of any length in a rape
conviction, depending upon the circumstances and severity of the act
committed. The apparent norm appeared to be a sentence of five to 10
years' imprisonment. During the year 42 persons were charged with rape
and 20 were convicted (a figure that includes persons charged in
preceding years). Additionally, during the year, 201 persons were
charged with statutory rape and 53 were convicted (including persons
charged in preceding years).
Domestic violence and violence against women, including spousal abuse,
was widespread and crossed racial and socioeconomic lines. The law
prohibits domestic violence and allows victims to seek prompt
protection, occupation, or tenancy orders from a magistrate. Penalties
for violation of protection orders include fines up to 10,000 Guyanese
dollars ($500) and 12 months' imprisonment; however, this legislation
frequently was not enforced because of a lack of willingness to press
charges on behalf of the victims and/or a lack of confidence in
obtaining a remedy through the courts. Some victims preferred to reach
a pecuniary settlement out of court. There were reports of police
accepting bribes and other reports of magistrates applying inadequate
sentences to convictions. Additionally, cases that appear for a
violation of protective order tend to be categorized as assault cases.
According to the nongovernmental organization (NGO) Help and Shelter,
the GPF refurbished police units, which are required to include
domestic violence units where victims can be counseled in private. The
group noted discrepancies in police training for domestic violence,
with some divisions actively involved in training, while others
remained unfamiliar with the basic violence protection order. The GPF
reported that it had established domestic violence units in four
police divisions by year's end.
Help and Shelter handled 346 cases of abuse and violence, including
child, spousal, and other domestic abuse, of which 24 were formally
filed in a court. Of these, three were prosecuted and one was
dismissed during the year. Investigations in the remaining 20 cases
continued at year's end.
During the year the Ministry of Labour, Human Services and Social
Security established a Task Force on Violence Against Women. A
representative from Help and Shelter sits on the Task Force.
Help and Shelter ran a free shelter for victims of domestic violence
and operated a hotline to counsel victims with the funds it received
from both private donors and the government. During the year Help and
Shelter conducted 36 workshops and 132 awareness sessions in
sensitizing individuals about domestic violence, reaching 4,313
individuals, and 929 were counseled for domestic abuse or violence
during face-to-face counseling sessions and via the telephone hotline.
Sexual harassment is prohibited under the Prevention of Discrimination
Act, which provides for monetary penalties and award of damages to
victims, but its application is confined to the workplace. Harassment
in schools, for instance, is not covered under the law. Any act of
sexual harassment involving physical assault can also be prosecuted
under relevant criminal statutes. Although reports of sexual
harassment were common, there were no known prosecutions for sexual
harassment under the Prevention of Discrimination Act, and charges of
sexual harassment were often settled out of court.
Couples and individuals had the right to decide freely the number,
spacing, and timing of their children and had the information and
means to do so free from discrimination, coercion, and violence.
Access to contraception and skilled attendance at delivery and in
postpartum care were widely available. The UN Children's Fund reported
that 83 percent of births had a skilled attendant. The UN Population
Fund reported a contraceptive prevalence rate of 34 percent. The UN
Population Fund estimated the maternal mortality ratio in 2008 at 270
deaths per 100,000 live births. The Guyana Responsible Parenthood
Association (GRPA), established in 1973, collaborated closely with the
Ministry of Health's Maternal and Child Health Department to lecture
on safe parenthood. GRPA has offered contraceptive services at its
headquarters and government clinics since the early 1980s.
Women and men had equal access to diagnostic services and treatment
for sexually transmitted infections, including HIV/AIDS.
The law prohibits discrimination based on gender, but there was no
legal protection against such discrimination in the workplace.
Although women constituted a significant proportion of the workforce,
there were credible reports that they were treated unequally as well
as faced disadvantages in promotion. Job vacancy notices routinely
specified that the employer sought only male or only female
applicants. The Women's Affairs Bureau of the Ministry of Labor
monitored the legal rights of women, but its role was limited to
employment-related services. The bureau also held seminars on
leadership and gender equity issues for women throughout the country.
The constitution provides for a Women and Gender Equality Commission,
whose chairperson was sworn in during April.
The law protects women's property rights in common law marriages. It
entitles a woman who separates or divorces to one-half of the couple's
property if she had regular employment during the marriage and one-
third of the property if she had not been employed. In practice
women's property rights were generally observed.
Children
Citizenship is derived by birth within the country's territory or by
birth to a Guyanese citizen abroad.
There were some reports of physical and sexual abuse of children.
During the year Help and Shelter handled 78 cases of child abuse and
nine child abuse cases were filed with the courts, of which one was
committed to the High Court, two were dismissed and six were ongoing.
Law enforcement officials and NGOs believed that the vast majority of
child rape and criminal child abuse cases were not reported. As with
cases of domestic abuse, NGOs noted reports that some police officers
and magistrates could be bribed to make cases of child abuse "go
away."
The Child Care and Protection Agency, established in 2009, operated a
hotline to take calls regarding suspected abuse of children. The
hotline received 447 child abuse reports, involving 770 children.
The age of sexual consent is 16. Under the law anyone who has sexual
relations with a girl under 16 can be found guilty of a felony and
imprisoned for life. There were reports of child prostitution,
although there were no indications that the country is a destination
for child sex tourism.
There is no specific legal prohibition of child pornography. However,
the law regulates selling, publishing, or exhibiting obscene material,
defined as anything that could deprive or corrupt those open to
immoral influences.
The country is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at
http://travel.state.gov/abduction/resources/congressreport/congressreport_4308.html.
Anti-Semitism
The Jewish community was very small, perhaps fewer than 50 members.
There were no reports of anti-Semitism.
Trafficking in Persons
For information on trafficking in persons, see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
Persons with Disabilities
The constitution mandates the state to "take legislative and other
measures" designed to protect disadvantaged persons and persons with
disabilities. On November 2, President Jagdeo signed the Persons with
Disabilities Act, which provides for equal protection under the law.
The act stipulates that the National Commission on Disabilities shall
comprise 12 members appointed by the president; it charges the
commission with advising the government, coordinating actions on
issues affecting persons with disabilities, and addressing
implementation and monitoring of the act's provisions. Regardless,
lack of appropriate infrastructure to provide access to both public
and private facilities made it difficult for persons with disabilities
to be employed outside their homes. The Open Door Center offered
assistance and training to persons with disabilities throughout the
year.
Indigenous People
According to the 2002 census, the indigenous population constituted 9
percent of the population. There were nine tribal groups, and 90
percent of indigenous communities were located in the remote interior.
Their standard of living was lower than that of most citizens, and
they had limited ability to participate in decisions affecting their
lands, cultures, traditions, and allocation of natural resources.
Indigenous communities had limited access to education and health
care. All indigenous communities had primary schools, and there were
13 secondary schools with an enrollment of 5,547 in remote regions.
The secondary schools had dormitories that housed approximately 1,000
to 1,700 students at government expense. Government programs trained
health workers, who staffed rudimentary health facilities in most
communities.
By law persons wishing to enter indigenous lands must obtain prior
permission from the local village council, but most visitors traveled
in these areas without a permit. Rules enacted by the village council
require approval from the minister of Amerindian affairs before
entering into force.
Since passage of the Amerindian Act of 2006, which took effect on
December 1, the government has increased the number of communal land
titles for Indigenous communities from 74 to 97, more than doubling
the area from 6.5 percent of the national territory so designated to
14 percent. At year's end 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.
Some indigenous groups and others perceived President Jagdeo's Low
Carbon Development Strategy (LCDS) as another government "land grab."
The Jagdeo administration conducted consultations with several
indigenous communities on the LCDS, but many observers described the
sessions as one-way presentations by government officials. The
government made efforts to grant land titles to indigenous
communities, and these titles are to receive payments under the LCDS.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity
Sodomy is punishable with a maximum sentence of life in prison. There
are no laws concerning female-to-female sex.
In February 2009 police arrested several transgender persons and took
them before the acting chief magistrate, who ordered levied a fine of
7,500 Guyanese dollars ($37). The magistrate told them they were
"confused" about their sexuality and gender, stating "it's a curse on
the family." Following this incident the Society Against Sexual
Orientation Discrimination and four of the individuals filed a motion
in the High Court against the law criminalizing cross dressing; the
case remained pending at year end.
Other Societal Violence or Discrimination
Violence and discrimination against persons with HIV/AIDS were not
widely reported.
Section 7 Worker Rights
a. The Right of Association
The constitution provides for the right of association and allows
workers to form and join trade unions, and workers generally exercised
this right in practice. However, the constitution bars military and
paramilitary members from unionizing or associating with any
established union. According to the Ministry of Labor, approximately
25 percent of the work force was unionized.
The law provides workers with the right to strike, and workers
exercised this right in practice. Strikes may be declared illegal if
the union leadership did not approve them or if they did not meet the
requirements specified in collective bargaining agreements. Public
employees providing essential services may strike if they provide the
required one-month notice to the Ministry of Labor and leave a
skeleton staff in place, although the International Labor Organization
(ILO) continued to note that not all of the services deemed essential
by the government were considered essential under international
definitions. Arbitration is compulsory for public employees, and
employees engaging in illegal strikes are subject to sanctions or
imprisonment. The ILO noted that such restrictions compromised
workers' right to strike. The law defines and places limits on the
retaliatory actions employers may take against strikers.
b. The Right to Organize and Bargain Collectively
Public and private sector employees possessed and exercised the right
to organize and bargain collectively. Eight collective bargaining
agreements were signed in the first half of the year. The ILO noted
that 40 percent of workers must be covered to conclude a collective
bargaining agreement; 22 percent of the workforce was covered by
collective bargaining agreements. The Ministry of Labor is required to
certify all collective bargaining agreements, and there were no
reports that it refused to certify any specific agreement. Individual
unions directly negotiate collective bargaining status.
The law prohibits antiunion discrimination by employers; however, some
public-sector employee unions continued to allege antiunion
discrimination by the government. The Guyana Public Service Union and
the Guyana Bauxite and General Workers' Union continued to allege
antiunion discrimination by the government. Trade union worker rights
continued to be violated, and the government did not effectively
enforce its laws. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor; there were reports of
forced child labor, mainly involving the sexual exploitation of
children. In February authorities rescued a child from a forced child-
prostitution situation and charged a suspect in March. The case
remained pending at year's end.
d. Prohibition of Child Labor and Minimum Age for Employment
Although the law sets minimum age requirements for employment of
children, child labor in the informal sector was a problem. The law
prohibits the employment of children younger than 15 with some
exceptions. Technical schools may employ children age 14 provided
public authority approves and supervises such work. No person under 16
may be employed at night, except under regulated circumstances. The
law permits children under 16 to be employed only in enterprises in
which members of the same family are also employed.
Child labor 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.
Isolated incidents of the worst forms of child labor occurred, mainly
in gold mining, prostitution, and forced labor activities. Children
who worked in gold mines operated dangerous mining equipment and were
exposed to hazardous chemicals.
There were also reports of sexual exploitation of children, most
commonly in mining areas. Also see the Department of State's annual
Trafficking in Persons Report at f.state.gov/g/tip.
The Ministry of Labor collaborated with the Ministry of Education and
the GPF to enforce child labor laws. The Ministry of Labor employed 20
labor inspectors who were charged with investigating child and
exploitative labor activities; however, these were not sufficient to
enforce existing laws effectively. Despite conducting approximately
4,000 worksite inspections, no fines or penalties were assessed, and
no employers were charged.
e. Acceptable Conditions of Work
The public sector minimum wage is 33,207 Guyanese dollars ($165) per
month, and it is applicable to both public and private sectors;
however, the government set wage adjustments unilaterally for public-
sector employees. Although the minimum wage is across the board, the
private-sector wages/salaries are higher than that of the public
sector for similar categories of workers such as clerks and drivers.
The Ministry of Labor was responsible for enforcing the minimum wage,
and although enforcement mechanisms exist they were not used
effectively. Unorganized workers, particularly women and children in
the informal sector, often were paid less than the service-sector
legal minimum wage. The legal minimum wage did not provide a decent
standard of living for a worker and family.
The law sets hours of employment, which vary by industry and sector.
In general, work in excess of a 44-hour workweek required an overtime
payment rate. The law does not require a minimum weekly rest period
but does state that a person cannot be compelled to work overtime.
These standards were effectively enforced, according to the Ministry
of Labor.
The law also establishes workplace safety and health standards. The
Occupational Health and Safety Division of the Ministry of Labor is
charged with conducting factory inspections and investigating
complaints of substandard workplace conditions. Inadequate resources
prevented the ministry from effectively carrying out this function.
According to the Ministry of Labour, there were 24 fatal industrial
accidents during the year. Fifty percent of these accidents were in
the mining sector and 17 percent in the forestry sector. More than
half of those who died in these sectors were 15 to 35 years of age.
The Ministry of Labor moderately enforced inspection findings;
responsible employers were more likely to follow standards. Workers
could not remove themselves from dangerous work situations without
jeopardizing continued employment.
http://www.guyanapress.com/archives/6383
Human Rights Report-GUYANA 2010
Guyana:
APRIL 8-2011
Hillary Clinton
The Co-operative Republic of Guyana is a multiparty democracy with a
population of approximately 760,000. President Bharrat Jagdeo was
reelected to a second full term in 2006 elections that international
observers considered generally free and fair. President Jagdeo's
People's Progressive Party Civic (PPP/C) has been the majority party
in Parliament since 1992. Security forces reported to civilian
authorities.
The principal human rights abuses were complaints of unlawful killings
by police, mistreatment of suspects and detainees by security forces,
poor prison and jail conditions, and lengthy pretrial detention. Other
problems included allegations of government corruption, including
among police officials, and sexual and domestic violence against women
and abuse of minors.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
The government or its agents did not commit any politically motivated
killings; however, the Police Complaints Authority (PCA) received 13
complaints of unlawful killings.
On June 7, police officers, responding to a disturbance at a high
school, shot and killed 16-year-old student Kelvin Fraser. The police
said Fraser was shot during a scuffle, while an eyewitness said that
Fraser was fleeing the scene at the time he was shot. A post-mortem
examination found that Fraser died of shock and hemorrhage from trauma
caused by gunshots fired at close range. On June 28, authorities
charged police officer Quancy John with the murder. He was remanded to
prison, and the case was transferred to the Wales Magistrate's Court
and was pending at year's end.
There were no known developments in the investigation by the Office of
the Director of Public Prosecutions in the April 2009 fatal shooting
by an off-duty member of the Presidential Guard.
Murder charges remained pending against three on-duty members of the
Coast Guard for the August 2009 killing of businessman Dweive Kant
Ramdass. The case was set for a court hearing in early 2011.
At year's end prison officials Kurt Corbin and Gladwin Samuels awaited
trial in the High Court for a 2008 manslaughter case.
In the 2008 case of extreme violence in Lusignan in which 11 persons
were killed, Mark Williams, Dwane Williams, and James Hiles awaited
trial in the High Court.
In the 2008 case of extreme violence in Bartica, in which 12 persons
were killed, authorities in May 2009 charged five individuals: Mark
Williams, Dennis Williams, Clebert Reece, Michael Caesar, and Roger
Simon. The preliminary investigation concluded, and the case was
scheduled for a court hearing in early 2011.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits such practices, however; there were reports alleging
mistreatment of inmates by prison officials. There were also
allegations of police abuse of suspects and detainees; however, unlike
in 2009, there were no reports of torture.
During the year the PCA received 11 complaints of unnecessary use of
violence. Local media reported several cases of random police
brutality, arrest, and interrogation prior to investigation.
On December 9, Detective Corporal Ricardo Inniss was accused of raping
a 21-year-old woman who was in custody at the Turkeyen Police Station.
The woman alleged that the detective, who was on duty, threatened her
with continued confinement, took her into a room, and had sex with her
against her will. The woman reported the incident, and the detective
was detained. No charges had been filed at year's end.
The October 2009 case against three police officers, Sergeant Narine
Lall, Constable Mohanram Dolai, and Corporal Oswald Foo, for
maliciously wounding three suspects, 14-year-old Twyon Thomas,
Deonarine Rafick, and Nouravie Wilfred, during a murder investigation
remained pending at year's end. The complainants did not respond to
court orders to appear to testify.
The Office of the Director of Public Prosecutions recommended
dismissal from the Guyana Police Force (GPF) of police officer Lennox
King, who allegedly sexually harassed and attempted to rape a
Brazilian woman in November 2009.
In December 2009 authorities remanded police constable Gavin Holder to
prison on charges of indecently assaulting a 15-year-old girl who was
in police custody; authorities also charged police constable Gary
Verwayne for the same offense. A court sentenced Gary Verwayne to two
months' imprisonment, while Gavin Holder's case remained pending at
year's end.
In December 2009 authorities arrested police constable Colin Jonas and
an accomplice for robbing a businessperson of cash and jewelry worth
500,000 Guyanese dollars ($2,500) at his shop in Crabwood Creek. The
suspects were released on bail of 300,000 Guyanese dollars ($1,500) in
December 2009, and the case remained pending at year's end.
Prison and Detention Center Conditions
Prison and jail conditions were poor and deteriorating, particularly
in police holding cells. Capacity and resource constraints were a
problem. The Prison Authority reported that at the end of October,
there were 2,122 prisoners in five facilities, which had a combined
design capacity of 1,580. Approximately half of the prisoners were in
Georgetown's Camp Street Prison, which was designed to hold 600
inmates but held 1,060. Overcrowding was in large part due to backlogs
of pretrial detainees, who constituted approximately 41 percent of the
total prison population. Government medical officers visit each prison
location on a monthly basis. In addition, a medical staff consisting
of a medical examiner, registered nurses, and assistant nurses provide
daily treatment and monitor the sick as advised by the medical
doctors. There were 83 female prisoners, all at the New Amsterdam
prison. There were no juveniles in custody.
Unlike in past years when all newly hired prison guards received
limited human rights training from the Guyana Human Rights
Association, the association was not invited to perform training
during the year.
Conditions improved at the Brickdam facility lockups this year, after
the facility reopened following renovations, including improved cells
and bathroom facilities. Although precinct jails were intended to
serve only as pretrial holding areas, some suspects were detained
there as long as two years, awaiting judicial action on their cases.
There were reported cases of death in prisons due to neglect or prison
official abuse. On February 5, two prisoners died following a fight at
the Georgetown Prison. An investigation concluded that inmate Soloman
Blackman stabbed inmate Dyal Singh. Other inmates then beat and killed
Blackman. Blackman had been diagnosed by a prison psychiatrist as
mentally ill but was returned to the general prison population after
he showed signs of improvement following medical treatment. Following
the incident, the Guyana Prison Service announced measures to keep
mentally unstable inmates segregated from the general prison
population until construction of a separate facility to hold them.
Prisoners and detainees had reasonable access to visitors and were
permitted religious observance. Prison chaplains representing the
major faiths in the country were appointed to all prison facilities.
Prisoners and detainees are able to submit complaints to judicial
authorities without censorship and to request investigation of
credible allegations of inhumane conditions. Prisoners often
circumvent procedures for submitting complaints by passing letters
addressed to government officials to family members. The government
investigated and monitored prison and detention center conditions. On
October 1, the minister of home affairs appointed chairmen and members
to the prison visiting committees of the Georgetown, Mazaruni, New
Amsterdam, and Timehri prisons. These committees are required to
monitor prison conditions and report findings to the Ministry of Home
Affairs and the Prison Administration.
Juvenile offenders 16 years of age and older were held with the adult
prison population. Juvenile offenders ages 15 and younger were held in
the New Opportunity Corp (NOC), a juvenile correctional center that
offered primary education, vocational training, and basic medical
care. Problems at the NOC included lax security and understaffing.
There were complaints that juvenile runaways, or those out of their
guardians' care, were placed with juveniles who had committed crimes
leading some petty offenders to become involved in more serious
criminal activity.
The Prison Authority reported that there were 83 female inmates in the
women's prison located in New Amsterdam. Due to inadequate facilities,
juvenile female pretrial detainees were sometimes held with adult
female pretrial detainees.
The Prison Authority offered rehabilitation programs focused on
vocational training and education; however, such programs did not
adequately address the needs of prisoners with substance abuse
problems.
While the constitution provides for the appointment of an ombudsman
who may investigate any action taken by any government department or
authority in relation to the administrative functions of that
department or authority, the position has been vacant since 2005.
There was no indication that the government declined to permit
independent monitoring of prison conditions, but there were no known
monitoring visits during the year.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention; however, during the
year the PCA received 50 complaints of unlawful arrest.
Role of the Police and Security Apparatus
The GPF, which is headed by the commissioner of police and overseen by
the Ministry of Home Affairs, employed 2,884 officers and is
responsible for maintaining internal security. The Guyana Defence
Force (GDF) duties include defending the country's territorial
integrity, assisting civil authorities to maintain law and order, and
contributing to economic development. The GDF, headed by the chief of
staff, consisted of approximately 2,600 troops; it falls under the
purview of the Defense Board, which the president chairs.
Inadequate training, poor equipment, and acute budgetary constraints
severely limited the GPF's effectiveness. Public confidence in, and
cooperation with, the police remained low. There were reports of
corruption in the police force. Police force abuses may be reported to
the PCA; however, the PCA does not possess an independent
investigation unit. On occasion the GPF reportedly failed to respond
adequately to narcotics-related violence.
The PCA received approximately 400 written and oral complaints, 230 of
which were sent from the commissioner of police, primarily for police
neglect of duties or misconduct in public places, unlawful arrest,
illegal search, corrupt transactions, and unnecessary use of force.
As of November the GPF Office of Professional Responsibility received
186 complaints; it concluded 144 investigations, and 13 were sent to
the director of public prosecutions. PCA efforts to conduct impartial
and transparent assessment of the accusations it received were
obstructed by staff shortages (five of eight full-time positions were
filled), as well as the lack of an investigative unit. By law the
police commissioner must comply with the PCA's recommendations on
complaints, but the PCA relied on the GPF to conduct investigations
into complaints against its own officers. Long delays in receiving
reports from the commissioner also thwarted the complaints process.
Most cases involving charges against police officers were heard by
lower magistrates' courts, where specially trained police officers
served as the prosecutors.
Arrest Procedures and Treatment While in Detention
An arrest requires a warrant issued by a court official, unless an
officer who witnesses a crime believes there is good cause to suspect
that a crime or a breach of the peace has been or will be committed.
The law requires that a person arrested and held for more than 72
hours be brought before a court to be charged; authorities generally
observed this requirement in practice. Bail was generally available
except in cases of capital offenses and narcotics trafficking.
Although the law provides criminal detainees prompt access to a lawyer
of their choice and to family members, in practice these rights
sometimes were not fully respected. The state provides legal counsel
for indigent persons only when such persons are charged with a capital
offense. However, the Legal Aid Clinic provides legal counsel at a
reduced fee in certain circumstances, as determined by the Clinic.
Police routinely required permission from the senior investigating
officer, who was seldom on the premises, before permitting counsel
access to a client.
Lengthy pretrial detention, due primarily to judicial inefficiency,
staff shortages, and cumbersome legal procedures, remained a problem.
Pretrial detainees constituted 41 percent of the prison and detainee
population. The average length of pretrial detention ranged from six
to 18 months for those awaiting trial at a magistrate's court and for
those awaiting trial in the High Court.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government
generally respected this provision in practice.
Delays and inefficiencies undermined judicial due process. Prisoner
Justin John was taken into custody in 2003 and charged with murder;
his trial was scheduled to begin in 2008, but in May 2010, he was
among 23 prisoners who requested an early trial; he was freed on June
16 after the state was unable to produce witnesses in support of its
case.
In May according to prison records, 132 inmates of the Georgetown
Prison were scheduled to stand trial in the High Court; some had been
incarcerated since 2003. Delays were caused by shortages of trained
court personnel and magistrates, inadequate resources, postponements
at the request of the defense or prosecution, occasional allegations
of bribery, poor tracking of cases, and the slowness of police in
preparing cases for trial.
Trial Procedures
Trials are public and defendants enjoy a presumption of innocence.
Cases in magistrates' courts are tried without jury. Cases involving
more serious crimes are tried by jury in the High Court. Defendants
can confront witnesses against them and have access to relevant
government-held evidence. Defendants have the right to appeal. Trial
postponements were granted routinely to both the defense and the
prosecution. The law extends these rights to all citizens.
The law recognizes the right to legal counsel; however, it was limited
to those who could afford to pay, except in cases involving capital
crimes. Although there is no public defender system, a defendant in a
murder case that reaches the High Court receives a court-appointed
attorney. The Georgetown Legal Aid Clinic, with government and private
support, provided advice to persons who could not afford a lawyer,
particularly victims of domestic violence and violence against women.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
The case of former GDF officer Oliver Hinckson, whose indictment in
2008 for sedition some observers claimed was politically motivated,
was dismissed on June 28.
Civil Judicial Procedures and Remedies
The law provides for an independent and impartial judiciary in civil
matters, and the government generally respected this provision in
practice. There is access to courts to bring lawsuits seeking damages
for, or cessation of, some human rights violations. The magistrates'
courts deal with both criminal and civil matters. Delays,
inefficiencies, and corruption in the magistrate court system affected
the ability of citizens to seek timely remedies in civil matters, and
there was a large backlog of civil cases.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such actions, and the government generally respected
these prohibitions in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the
government generally respected these rights in practice; however, the
government's monopoly on radio broadcasting continued. The government
attempted to censor or restrict content; the government sought
indirectly to censor the print media by controlling advertising.
On August 9, the government announced the establishment of a Web site
through which procurement opportunities must be advertised. This
announcement was made following the passage of legislation in the
National Assembly to permit the publication of government procurement
opportunities on a freely accessible Web site. Stabroek News claimed
that after the announcement the Government Information Agency (GINA)
placed no advertisements in Stabroek News or any other private
newspapers, although some appeared in the government-run Guyana
Chronicle. Another newspaper, Kaieteur News, offered the government
free placements of advertisements based on the availability of space.
Some attributed this pattern to a government attempt to deprive
independent newspapers of advertising earnings.
Government officials used libel laws to suppress criticism, and the
government closed the UN-funded Media Monitoring Unit, established in
2006 to monitor media in advance of the elections.
On July 12, President Bharrat Jagdeo filed a libel suit for 10 million
Guyanese dollars ($50,000) against the publishers of the Kaieteur
News; its editor in chief, Adam Harris; and columnist Frederick
Kissoon. The suit stemmed from statements in a June 28 article, "King
Kong sent his goons to disrupt the conference." On July 13, the acting
chief justice, Ian Chang, granted an interim injunction, restraining
Kissoon, Harris, and the National Media and Publishing Company
Limited, publisher of Kaieteur News, from reprinting the words or
similar ones as contained in the column. The suit contends that the
article contained "false and manufactured allegations" and was also
"malicious, irresponsible, and inflammatory, calculated and designed
to excite racial hostilities amongst the people of Guyana." The case
remained pending at year's end.
On November 23, Minister of Agriculture Robert Persaud sued
businessman and presidential hopeful Peter Ramsaroop and Property
Holdings Inc. (owners of WRHM Channel 7) for 10 million Guyanese
dollars ($50,000) following the broadcast of a taped television show
on November 7. The minister claimed he was libeled in that broadcast.
On November 23, a judge granted an injunction barring the channel and
Ramsaroop from repeating the alleged libel. The minister asserted that
statements on the program suggested that "he is dishonest, had
committed malfeasance in public office," and was "guilty of fraud and
other kindred criminal offenses." The case remained pending at year's
end.
On August 5, reporters Gary Eleazar from Kaieteur News; Colin Smith,
editor of the Catholic Standard and local BBC correspondent; Arianna
Gordon of the Guyana Times; and Victor Vanvield of Prime News were
turned away from a press briefing at the Office of the President for
not having a GINA pass. They were informed that they would not be
allowed in without a GINA pass and that the Guyana Press Association
accreditation was not acceptable. Cabinet Secretary Roger Luncheon
stated that the government would not surrender accreditation to any
firm or entity other than GINA.
All radio stations operating on the electromagnetic spectrum are
government controlled. In October 2009 the Court of Appeal ruled that
the government had an unlawful monopoly on the airwaves and that the
National Frequency Management Unit was not adequately considering
radio license applications. The government's monopoly on radio
broadcasting continued, limiting the expression of opposition views.
Internet Freedom
There were no government restrictions on access to the Internet or
reports that the government monitored e-mail or Internet chat rooms.
Individuals and groups could engage in the peaceful expression of
views via the Internet, including by e-mail. The International
Telecommunication Union reported that there were an estimated 29
Internet users per 100 inhabitants in 2009.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural
events.
b. Freedom of Peaceful Assembly and Association
The law provides for freedoms of assembly and association, and the
government generally respected these rights in practice.
c. Freedom of Religion
For a complete description of religious freedom, please see the 2010
International Religious Freedom Report at www.state.gov/g/drl/irf/rpt/.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign
travel, emigration, and repatriation, and the government generally
respected these rights in practice.
The government cooperated with the UN Development Program Office and
the Office of the UN High Commissioner for Refugees and other
humanitarian organizations in providing protection and assistance to
internally displaced persons, refugees, returning refugees, asylum
seekers, stateless persons, and other persons of concern.
The Amerindian Act requires that the local village council grant
permission for travel to Amerindian areas. In practice most persons
traveled throughout these areas without a permit.
The law prohibits forced exile, and the government did not use it.
Protection of Refugees
The government has not established a system for providing protection
to refugees. In practice the government did not expel or return
refugees to a country where their lives or freedom would be threatened
on account of their race, religion, nationality, membership in a
particular social group, or political opinion; however, no such cases
arose during the year.
Section 3 Respect for Political Rights: The Right of Citizens to
Change their Government
The law provides citizens the right to change their government
peacefully, and citizens exercised this right in practice through
periodic, free, and fair national elections based on universal
suffrage. However, local government elections, which the law provides
should be held every three years, have not been carried out since
1994. On December 2, the National Assembly passed the Local
Authorities (Elections) (Amendment) Bill, which extended to December
1, 2011, the date for holding local-government elections. Political
parties operated without restrictions or outside interference.
Elections and Political Participation
The most recent elections took place in 2006, when citizens voted in a
generally free election to keep the PPP/C government in office.
Incumbent President Bharrat Jagdeo was reelected to a five-year term.
International observers, including teams from the Organization of
American States, the Caribbean Community, the Carter Center, and the
Commonwealth, noted isolated irregularities not sufficient to change
the outcome, declared the election substantially free and fair but
found that ruling party use of government resources during the
campaign disadvantaged opposition parties.
On February 16, the chief justice dismissed an election petition filed
in the High Court by the minority party, Alliance for Change (AFC), in
which the AFC claimed that incorrect vote counting in Region 10 in the
2006 national elections had wrongly awarded a seat to the PPP/C that
should have gone to the AFC. The chief justice ruled that the party
had breached a mandatory procedure by not filing the affidavit of
service in a timely manner. The AFC filed the document 10 months after
the petition, which the chief justice ruled was too long. The case was
dismissed approximately three years after it was filed.
The constitution requires that one-third of each party list of
candidates be women but does not require the parties to select women
for seats. There were 20 women in the 65-seat National Assembly and
five women in the 21-member cabinet.
While supporters of the two major parties (the PPP/C and the People's
National Congress/Reform) were drawn largely from the Indo-Guyanese
and Afro-Guyanese communities, respectively, political party
leadership was more diverse. The ethnically diverse National Assembly
included three indigenous members. The cabinet was also ethnically
diverse, mirroring the ethnic makeup of the general population. Five
of the 21 cabinet members were Afro-Guyanese, including the prime
minister and the head of the presidential secretariat; there were also
two Amerindian cabinet ministers.
Section 4 Official Corruption and Government Transparency
The law provides for criminal penalties for official corruption;
however, there were reports alleging government corruption and
complacency in enforcing these laws with respect to officials engaged
in corrupt practices. The World Bank's worldwide governance indicators
reflected that government corruption was a serious problem. There was
a widespread public perception of serious corruption in the
government, including law enforcement and the judicial system. Low-
wage public servants were easy targets for bribery. In January there
were 62 GPF members before the courts charged with various crimes
including robbery, simply larceny, bribery, and indecent assault.
Public officials are subject to financial disclosure laws and are
required to submit information about personal assets to the Integrity
Commission, but compliance was uneven and the commission had no
resources for enforcement or investigations.
The law does not provide for public access to government information.
Government officials were generally reluctant to provide information
without approval from senior administration officials.
Section 5 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A few domestic human rights groups generally operated without
government restriction, investigating and publishing their findings on
human rights cases. Groups at times, however, complained that
government officials were uncooperative and unresponsive to their
views; when they did respond, it was generally to criticize.
The constitution allows for a governmental human rights commission,
but it has not been established. While the constitution provides for
an Office of the Ombudsman to provide redress to government employees,
the ombudsman position has been vacant since 2005.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
While the constitution prohibits discrimination based on race, gender,
disability, language, social status, religion, or national origin, the
government did not always effectively enforce these prohibitions.
Women
Rape and incest are illegal but were neither frequently reported nor
successfully prosecuted. Rape is a problem and pervasive in society.
Ineffective police and prosecutors resulted in few charges and fewer
convictions.
On May 24, the president signed into law a Sexual Offenses Bill that
broadened the definition of rape to include spousal rape, coercion,
new child-sex offenses, and the creation of offenses for vulnerable
adults with a learning disability or mental disorder. Other offenses,
such as indecent exposure, voyeurism, and bestiality are included; the
assumption that males under the age of 14 years are incapable of
sexual intercourse was abolished.
A judge has discretion to issue a sentence of any length in a rape
conviction, depending upon the circumstances and severity of the act
committed. The apparent norm appeared to be a sentence of five to 10
years' imprisonment. During the year 42 persons were charged with rape
and 20 were convicted (a figure that includes persons charged in
preceding years). Additionally, during the year, 201 persons were
charged with statutory rape and 53 were convicted (including persons
charged in preceding years).
Domestic violence and violence against women, including spousal abuse,
was widespread and crossed racial and socioeconomic lines. The law
prohibits domestic violence and allows victims to seek prompt
protection, occupation, or tenancy orders from a magistrate. Penalties
for violation of protection orders include fines up to 10,000 Guyanese
dollars ($500) and 12 months' imprisonment; however, this legislation
frequently was not enforced because of a lack of willingness to press
charges on behalf of the victims and/or a lack of confidence in
obtaining a remedy through the courts. Some victims preferred to reach
a pecuniary settlement out of court. There were reports of police
accepting bribes and other reports of magistrates applying inadequate
sentences to convictions. Additionally, cases that appear for a
violation of protective order tend to be categorized as assault cases.
According to the nongovernmental organization (NGO) Help and Shelter,
the GPF refurbished police units, which are required to include
domestic violence units where victims can be counseled in private. The
group noted discrepancies in police training for domestic violence,
with some divisions actively involved in training, while others
remained unfamiliar with the basic violence protection order. The GPF
reported that it had established domestic violence units in four
police divisions by year's end.
Help and Shelter handled 346 cases of abuse and violence, including
child, spousal, and other domestic abuse, of which 24 were formally
filed in a court. Of these, three were prosecuted and one was
dismissed during the year. Investigations in the remaining 20 cases
continued at year's end.
During the year the Ministry of Labour, Human Services and Social
Security established a Task Force on Violence Against Women. A
representative from Help and Shelter sits on the Task Force.
Help and Shelter ran a free shelter for victims of domestic violence
and operated a hotline to counsel victims with the funds it received
from both private donors and the government. During the year Help and
Shelter conducted 36 workshops and 132 awareness sessions in
sensitizing individuals about domestic violence, reaching 4,313
individuals, and 929 were counseled for domestic abuse or violence
during face-to-face counseling sessions and via the telephone hotline.
Sexual harassment is prohibited under the Prevention of Discrimination
Act, which provides for monetary penalties and award of damages to
victims, but its application is confined to the workplace. Harassment
in schools, for instance, is not covered under the law. Any act of
sexual harassment involving physical assault can also be prosecuted
under relevant criminal statutes. Although reports of sexual
harassment were common, there were no known prosecutions for sexual
harassment under the Prevention of Discrimination Act, and charges of
sexual harassment were often settled out of court.
Couples and individuals had the right to decide freely the number,
spacing, and timing of their children and had the information and
means to do so free from discrimination, coercion, and violence.
Access to contraception and skilled attendance at delivery and in
postpartum care were widely available. The UN Children's Fund reported
that 83 percent of births had a skilled attendant. The UN Population
Fund reported a contraceptive prevalence rate of 34 percent. The UN
Population Fund estimated the maternal mortality ratio in 2008 at 270
deaths per 100,000 live births. The Guyana Responsible Parenthood
Association (GRPA), established in 1973, collaborated closely with the
Ministry of Health's Maternal and Child Health Department to lecture
on safe parenthood. GRPA has offered contraceptive services at its
headquarters and government clinics since the early 1980s.
Women and men had equal access to diagnostic services and treatment
for sexually transmitted infections, including HIV/AIDS.
The law prohibits discrimination based on gender, but there was no
legal protection against such discrimination in the workplace.
Although women constituted a significant proportion of the workforce,
there were credible reports that they were treated unequally as well
as faced disadvantages in promotion. Job vacancy notices routinely
specified that the employer sought only male or only female
applicants. The Women's Affairs Bureau of the Ministry of Labor
monitored the legal rights of women, but its role was limited to
employment-related services. The bureau also held seminars on
leadership and gender equity issues for women throughout the country.
The constitution provides for a Women and Gender Equality Commission,
whose chairperson was sworn in during April.
The law protects women's property rights in common law marriages. It
entitles a woman who separates or divorces to one-half of the couple's
property if she had regular employment during the marriage and one-
third of the property if she had not been employed. In practice
women's property rights were generally observed.
Children
Citizenship is derived by birth within the country's territory or by
birth to a Guyanese citizen abroad.
There were some reports of physical and sexual abuse of children.
During the year Help and Shelter handled 78 cases of child abuse and
nine child abuse cases were filed with the courts, of which one was
committed to the High Court, two were dismissed and six were ongoing.
Law enforcement officials and NGOs believed that the vast majority of
child rape and criminal child abuse cases were not reported. As with
cases of domestic abuse, NGOs noted reports that some police officers
and magistrates could be bribed to make cases of child abuse "go
away."
The Child Care and Protection Agency, established in 2009, operated a
hotline to take calls regarding suspected abuse of children. The
hotline received 447 child abuse reports, involving 770 children.
The age of sexual consent is 16. Under the law anyone who has sexual
relations with a girl under 16 can be found guilty of a felony and
imprisoned for life. There were reports of child prostitution,
although there were no indications that the country is a destination
for child sex tourism.
There is no specific legal prohibition of child pornography. However,
the law regulates selling, publishing, or exhibiting obscene material,
defined as anything that could deprive or corrupt those open to
immoral influences.
The country is not a party to the 1980 Hague Convention on the Civil
Aspects of International Child Abduction. For information on
international parental child abduction, please see the Department of
State's annual report on compliance at
http://travel.state.gov/abduction/resources/congressreport/congressreport_4308.html.
Anti-Semitism
The Jewish community was very small, perhaps fewer than 50 members.
There were no reports of anti-Semitism.
Trafficking in Persons
For information on trafficking in persons, see the Department of
State's annual Trafficking in Persons Report at www.state.gov/g/tip.
Persons with Disabilities
The constitution mandates the state to "take legislative and other
measures" designed to protect disadvantaged persons and persons with
disabilities. On November 2, President Jagdeo signed the Persons with
Disabilities Act, which provides for equal protection under the law.
The act stipulates that the National Commission on Disabilities shall
comprise 12 members appointed by the president; it charges the
commission with advising the government, coordinating actions on
issues affecting persons with disabilities, and addressing
implementation and monitoring of the act's provisions. Regardless,
lack of appropriate infrastructure to provide access to both public
and private facilities made it difficult for persons with disabilities
to be employed outside their homes. The Open Door Center offered
assistance and training to persons with disabilities throughout the
year.
Indigenous People
According to the 2002 census, the indigenous population constituted 9
percent of the population. There were nine tribal groups, and 90
percent of indigenous communities were located in the remote interior.
Their standard of living was lower than that of most citizens, and
they had limited ability to participate in decisions affecting their
lands, cultures, traditions, and allocation of natural resources.
Indigenous communities had limited access to education and health
care. All indigenous communities had primary schools, and there were
13 secondary schools with an enrollment of 5,547 in remote regions.
The secondary schools had dormitories that housed approximately 1,000
to 1,700 students at government expense. Government programs trained
health workers, who staffed rudimentary health facilities in most
communities.
By law persons wishing to enter indigenous lands must obtain prior
permission from the local village council, but most visitors traveled
in these areas without a permit. Rules enacted by the village council
require approval from the minister of Amerindian affairs before
entering into force.
Since passage of the Amerindian Act of 2006, which took effect on
December 1, the government has increased the number of communal land
titles for Indigenous communities from 74 to 97, more than doubling
the area from 6.5 percent of the national territory so designated to
14 percent. At year's end 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.
Some indigenous groups and others perceived President Jagdeo's Low
Carbon Development Strategy (LCDS) as another government "land grab."
The Jagdeo administration conducted consultations with several
indigenous communities on the LCDS, but many observers described the
sessions as one-way presentations by government officials. The
government made efforts to grant land titles to indigenous
communities, and these titles are to receive payments under the LCDS.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity
Sodomy is punishable with a maximum sentence of life in prison. There
are no laws concerning female-to-female sex.
In February 2009 police arrested several transgender persons and took
them before the acting chief magistrate, who ordered levied a fine of
7,500 Guyanese dollars ($37). The magistrate told them they were
"confused" about their sexuality and gender, stating "it's a curse on
the family." Following this incident the Society Against Sexual
Orientation Discrimination and four of the individuals filed a motion
in the High Court against the law criminalizing cross dressing; the
case remained pending at year end.
Other Societal Violence or Discrimination
Violence and discrimination against persons with HIV/AIDS were not
widely reported.
Section 7 Worker Rights
a. The Right of Association
The constitution provides for the right of association and allows
workers to form and join trade unions, and workers generally exercised
this right in practice. However, the constitution bars military and
paramilitary members from unionizing or associating with any
established union. According to the Ministry of Labor, approximately
25 percent of the work force was unionized.
The law provides workers with the right to strike, and workers
exercised this right in practice. Strikes may be declared illegal if
the union leadership did not approve them or if they did not meet the
requirements specified in collective bargaining agreements. Public
employees providing essential services may strike if they provide the
required one-month notice to the Ministry of Labor and leave a
skeleton staff in place, although the International Labor Organization
(ILO) continued to note that not all of the services deemed essential
by the government were considered essential under international
definitions. Arbitration is compulsory for public employees, and
employees engaging in illegal strikes are subject to sanctions or
imprisonment. The ILO noted that such restrictions compromised
workers' right to strike. The law defines and places limits on the
retaliatory actions employers may take against strikers.
b. The Right to Organize and Bargain Collectively
Public and private sector employees possessed and exercised the right
to organize and bargain collectively. Eight collective bargaining
agreements were signed in the first half of the year. The ILO noted
that 40 percent of workers must be covered to conclude a collective
bargaining agreement; 22 percent of the workforce was covered by
collective bargaining agreements. The Ministry of Labor is required to
certify all collective bargaining agreements, and there were no
reports that it refused to certify any specific agreement. Individual
unions directly negotiate collective bargaining status.
The law prohibits antiunion discrimination by employers; however, some
public-sector employee unions continued to allege antiunion
discrimination by the government. The Guyana Public Service Union and
the Guyana Bauxite and General Workers' Union continued to allege
antiunion discrimination by the government. Trade union worker rights
continued to be violated, and the government did not effectively
enforce its laws. There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor; there were reports of
forced child labor, mainly involving the sexual exploitation of
children. In February authorities rescued a child from a forced child-
prostitution situation and charged a suspect in March. The case
remained pending at year's end.
d. Prohibition of Child Labor and Minimum Age for Employment
Although the law sets minimum age requirements for employment of
children, child labor in the informal sector was a problem. The law
prohibits the employment of children younger than 15 with some
exceptions. Technical schools may employ children age 14 provided
public authority approves and supervises such work. No person under 16
may be employed at night, except under regulated circumstances. The
law permits children under 16 to be employed only in enterprises in
which members of the same family are also employed.
Child labor 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.
Isolated incidents of the worst forms of child labor occurred, mainly
in gold mining, prostitution, and forced labor activities. Children
who worked in gold mines operated dangerous mining equipment and were
exposed to hazardous chemicals.
There were also reports of sexual exploitation of children, most
commonly in mining areas. Also see the Department of State's annual
Trafficking in Persons Report at f.state.gov/g/tip.
The Ministry of Labor collaborated with the Ministry of Education and
the GPF to enforce child labor laws. The Ministry of Labor employed 20
labor inspectors who were charged with investigating child and
exploitative labor activities; however, these were not sufficient to
enforce existing laws effectively. Despite conducting approximately
4,000 worksite inspections, no fines or penalties were assessed, and
no employers were charged.
e. Acceptable Conditions of Work
The public sector minimum wage is 33,207 Guyanese dollars ($165) per
month, and it is applicable to both public and private sectors;
however, the government set wage adjustments unilaterally for public-
sector employees. Although the minimum wage is across the board, the
private-sector wages/salaries are higher than that of the public
sector for similar categories of workers such as clerks and drivers.
The Ministry of Labor was responsible for enforcing the minimum wage,
and although enforcement mechanisms exist they were not used
effectively. Unorganized workers, particularly women and children in
the informal sector, often were paid less than the service-sector
legal minimum wage. The legal minimum wage did not provide a decent
standard of living for a worker and family.
The law sets hours of employment, which vary by industry and sector.
In general, work in excess of a 44-hour workweek required an overtime
payment rate. The law does not require a minimum weekly rest period
but does state that a person cannot be compelled to work overtime.
These standards were effectively enforced, according to the Ministry
of Labor.
The law also establishes workplace safety and health standards. The
Occupational Health and Safety Division of the Ministry of Labor is
charged with conducting factory inspections and investigating
complaints of substandard workplace conditions. Inadequate resources
prevented the ministry from effectively carrying out this function.
According to the Ministry of Labour, there were 24 fatal industrial
accidents during the year. Fifty percent of these accidents were in
the mining sector and 17 percent in the forestry sector. More than
half of those who died in these sectors were 15 to 35 years of age.
The Ministry of Labor moderately enforced inspection findings;
responsible employers were more likely to follow standards. Workers
could not remove themselves from dangerous work situations without
jeopardizing continued employment.
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