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Constitution also establishes five human rights commissions:12 the Human Rights Commission,
Women and Gender Commission, Rights of the Child Commission, Indigenous Peoples
Commission and the Ethnic Relations Commission. At the time of the visit of the independent
expert, only the Ethnic Relations Commission had been fully established and was functioning.
30. The independent expert met with senior representatives of the Ethnic Relations
Commission of Guyana. Under the law, it is to be comprised of seven representatives of religious
bodies, labour movement, private business sector, youth and women’s groups, nominated from
civil society organizations by a parliamentary consensual mechanism agreed to by the political
parties in 2003.13 However, at the time of the independent expert’s visit, there were issues about
whether the Ethnic Relations Commission was constituted and functioning in compliance with
the Constitution. Article 212 (D) of the Constitution of Guyana provides the functions of the
Ethnic Relations Commission.14 The Commission is required, inter alia, to promote elimination
of racial discrimination and equality of opportunity; promote good relations between people of
different racial backgrounds; and monitor the way the race relations law is functioning and make
recommendations for its improvements.
31. The Commission can provide legal advice and assistance to people who think they have
been the victims of discrimination and can rule on whether or not discrimination has occurred. It
can investigate companies and organizations where there is evidence of possible discrimination
and encourage them to make changes to their policies and practices. It has primarily functioned
by holding public hearings and issuing reports.
32. The Government notes that the Ethnic Relations Commission has submitted numerous
special and annual reports to the National Assembly from its establishment in 2003 to date. It
also draws attention to numerous peace meetings held by the Commission, with support from the
UNDP Social Cohesion Programme. Additionally, there have been a series of cross-country
multi-stakeholder forums over a six-week period prior to the 2006 elections. The Ethnic
Relations Commission held a special series of public consultations on the perceived needs of the
Afro-Guyanese community from 13 to 16 November 2007. The Government notes that, while
documenting a number of criticisms and weaknesses, no significant issues of discrimination
12
The Human Rights Commissions: “… shall promote the observance and respect for, and
protect and investigate violations of the rights recognized in this Constitution and any other law
relating to equality of opportunity and treatment.” The National Assembly passed the Rights
Commissions Tribunals Act (Act No. 9 of 2004) for the establishment of a corresponding
quasi-judicial Tribunal for each of these Rights Commissions to which appeals may be made.
13
Whilst they are not selected by civil society based on ethnicity, at present there are three
Afro-Guyanese, one person of mixed race, one Portuguese and one Indo-Guyanese.
14
Website of the Ethnic Relations Commission: http://www.ethnicrelations.org.gy/aboutus.php.