E/CN.4/2004/18/Add.1
page 7
4.
The Special Rapporteur wishes to thank the Guyanese Government for its cooperation
and hospitality, which helped his mission to go smoothly. He also wishes to express his
gratitude to the representatives of the international community, in particular the Resident
Representative of the United Nations Development Programme (UNDP), for their kind
assistance. Lastly, he would like to thank those representatives of civil society who were kind
enough to give him their time and provide him with information.
A. General overview
5.
Guyana has an estimated population of 765,0001 and an area of 214,970 square
kilometres. Indo-Guyanese (49 per cent) and Afro-Guyanese (35 per cent) make up the majority
of the population, for historical reasons which will be explained later. The Amerindians, the
land’s original inhabitants, make up a mere 7 per cent of the population, followed by mixed-race
(7 per cent), Chinese (0.2 per cent) and some descendants of Portuguese and other Europeans
such as Dutch and British (estimated at around 2.1 per cent). The Government officially
emphasizes the multicultural nature of the country - hence the slogan “Guyana, land of six
peoples”. It should be noted that, because of political and economic problems, a relatively large
proportion of the adult population (1-2 per cent) emigrates every year.
1. Legal and institutional framework
6.
According to the 1980 Constitution (chaps. I and II), the Co-operative Republic of
Guyana is a democratic, multiparty State based on a system of proportional representation. The
President is chosen from the party that obtains a majority of votes and is elected for five years by
indirect universal suffrage. The Constitution (chap. III) guarantees Guyanese citizens the
fundamental rights and freedoms recognized in the Universal Declaration of Human Rights,
namely the right to life, liberty, the freedom of conscience and opinion, freedom of movement,
equality and non-discrimination. Under article 149 (1):
“(a)
its effect;
No law shall make any provision that is discriminatory either of itself or in
(b)
No person shall be treated in a discriminatory manner by any person
acting by virtue of any written law or in the performance of the functions of any public
office or any public authority”.
7.
Guyana is also a party to the main international human rights instruments, including: the
International Covenant on Civil and Political Rights and its Optional Protocol; the International
Covenant on Economic, Social and Cultural Rights; the International Convention on the
Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All
Forms of Discrimination against Women; the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment; and the Convention on the Rights of the Child.
It is not, however, up to date with its reports to the majority of the treaty-monitoring bodies,
including the Committee on the Elimination of Racial Discrimination, which has been waiting
for a report since 1978.2
8.
The Prevention of Discrimination Act 1997 (Act No. 26 of 13 October 1997) prohibits
racial discrimination in training, recruitment and employment, and in the provision of goods and