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country, must take account of the historical and sociological factors that make up the specifically
Guyanese political and social context. In other words, in a country marked by politically
antagonistic and conflictual multi-ethnicity, democracy cannot be reduced to a majority system
under which power is automatically vested in the dominant racial group.
C. Measures taken by the Government
26.
The Government has informed the Special Rapporteur that, in accordance with the
Constitution, it has opted for non-discriminatory economic and social development and taken
steps to combat racial discrimination. In its view, there is no institutional racism, though it
may be that individuals adopt racist attitudes that influence them in their actions. Article 149
of the Constitution prohibits racial discrimination and legislation against racial discrimination
(Constitution Amendment Bill No. 9 of 2003) is soon to be promulgated.5 On
26 September 2003, the Racial Hostility Amendment Act 2002 was reinforced with stiffer
penalties for anyone convicted of incitement to racial hatred.
27.
The process of constitutional and institutional reform that has emerged from the dialogue
between the Government and the opposition is a further step towards overcoming racial
polarization. There is a shared desire to tackle problems and deal with them thoroughly. The
President believes that, if Guyana has not reached the stage of open conflict, it is because of the
good sense of its people and their awareness that they are all one nation. He has suggested that
he and the leader of the opposition should react strongly to every occurrence of racial
discrimination.
28.
An Ethnic Relations Commission was established under Act No. 16
of 29 December 2000 (Ethnic Relations Commission Tribunal Act 2000), with powers to
investigate complaints of racial discrimination. At the time of the Special Rapporteur’s visit,
the Commission had not yet started work, since there was no agreement between the opposition
and the Government over the appointment of its members.
29.
The Government is aware that legislation and institutions alone are not enough to
maintain social cohesion. Efforts are also to be made to promote personal relationships that
transcend racial barriers, for although individuals interact while at work, outside this sphere, in
their social and family lives, they tend to be more inward-looking. One proposal is to devise
new town planning policies that will encourage the communities to mix; there are also a number
of opportunities for communities to come together socially - such as the Indian festival of light,
or Diwali, in May, and Mashramani, or Carnival, in February - which should be taken up.
30.
In the administrative sphere, a government office has been set up specifically to follow
up allegations of racial discrimination in employment. The Government has also given its
wholehearted support to a decision by one of the four civil service unions to establish its own
race relations body.
31.
The Government disputes the allegations of racial discrimination against Afro-Guyanese
and other groups. It points out that, despite the fact that the PPP has been in power for more
than 10 years, the majority of public sector employees are Afro-Guyanese. By way of