A/HRC/10/11/Add.2
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that the Chief Magistrate of Guyana, Afro-Guyanese Juliet Holder-Allen, was removed from
office due to ethnic prejudices and her treatment of politically sensitive cases including
investigations into police killings and illegal government activities.
56. Court of Appeal Amendment Bill No. 12 of 2008, debated by Guyana’s National
Assembly during the independent expert’s visit,19 provides the Director of Public Prosecutions
with the possibility to appeal an acquittal handed down by a judge and jury of Guyana’s High
Court. Some expressed the concern that if passed, it would allow a government appeal process to
ultimately be taken up to the Caribbean Court of Justice. The accused would be liable to remain
in custody despite previous lower court and jury acquittal. Opponents claim a serious attack on
the judicial system and civil liberties targeted at Afro-Guyanese and political opposition.
57. The Committee on the Elimination of Racial Discrimination notes that only a few
complaints of racial discrimination have been brought before Guyana’s Ethnic Relations
Commission and none before the courts. In its concluding observations the Committee
(CERD/C/GUY/CO/14) noted the lack of information on the practical application of criminal
and other legislation aimed at eliminating racial discrimination.
58. The Government notes that failure to bring discrimination cases before the courts is partly
attributed to the high standard of proof required in judicial proceedings and to the difficulties to
secure witnesses. It asserts that Guyana’s judiciary reflects the ethnic and gender make-up of
wider Guyanese society. The Government notes that it has made significant efforts to address
ethnic imbalance in the police and security services with limited success, but that there continues
to be reluctance on the part of Indo-Guyanese to join such services due to historical issues.
Problems in regard to senior appointments are considered to be largely due to the failure of
political negotiations with the opposition PNC in regard to appropriate candidates. The
Government notes that it has contributed financially to the Guyana Legal Aid Clinic to assist it in
expanding the provision of legal services to the poor in 7 of the 10 regions.
D. Media
59. The independent expert was informed of problems in regard of equal access to the media
and suppression of media freedoms. Issues raised include that restrictions are imposed on issuing
licences for Afro-Guyanese broadcasters; that the Government maintains a monopoly over radio
broadcasts; bias in reporting of violent events which has exacerbated ethnic tensions; unequal
provision of cultural programming; and that media time allocation for political opposition to
raise their issues is restricted, especially prior to elections.
60. The Government owns and operates two radio stations broadcasting on several frequencies,
reportedly the only media that reaches the entire country. Criticism is levelled at the Government
for its failure to approve longstanding requests for private radio frequency authorizations. The
President’s dual role as Minister of Communications provides him with ultimate authority over
media access and licensing, which is considered inappropriate.
19
The bill in question was in July 2008 sent to a parliamentary special select committee for
review prior to its resubmission to the National Assembly where it remains.