A/HRC/10/11/Add.2 page 18 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.

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