E/CN.4/1995/91/Add.1
page 76
(d)
Although professionally offering goods or services, refuses
to offer these to a person on the sole ground of his or her racial or
national origin or his or her religion, or anyone who links the offering
to a condition related to racial or national origin or the religion of a
certain person.
5.
In the case of violation of the said provisions by State employees
in the exercise of their duties, both the State employees and the State
itself bear responsibility. State employees bear disciplinary
responsibility, criminal responsibility not being excluded according to
the law.
As a general rule, civil liability is borne by the State. The
implementation of the provisions relevant to civil liability of the State
does not depend on the fault (malice or negligence) of the employee who
has proceeded to the illegal and detrimental omission or act."
GUYANA
33.
On 17 June 1994, the Permanent Mission of the Republic of Guyana to the
United Nations Headquarters sent the Special Rapporteur the following general
information:
"The Government wishes to state that article 145.1 of the
Constitution of the Cooperative Republic of Guyana provides for every
person to enjoy freedom of conscience. This freedom is further explained
as the freedom of thought and religion; the freedom to change one’s
religion; and the freedom to propagate one’s religion or belief in
worship, teaching, practise and observance. The text of article 145
is given below.
In practice, these provisions are evidenced by the annual
declaration of national holidays by the Government in observance of
major religious events relating to all religious denominations.
The Government further wishes to emphasize that Guyanese practise
their religion in a peaceful environment, with due respect for each
other’s beliefs.
The Government therefore commends the Commission on Human
Rights for addressing this issue and reiterates its support for
resolution 1994/18.
Protection of freedom of conscience
(Article 145 of the Constitution)
145. (1) Except with his own consent, no person shall be hindered
in the enjoyment of his freedom of conscience, and for the purposes
of this article the said freedom includes freedom of thought and of
religion, freedom to change his religion or belief, and freedom,
either alone or in community with others, and both in public and in
private, to manifest and propagate his religion or belief in
worship, teaching, practise and observance.