IDB, Commonwealth applaud Guyana’s ambitious law reform efforts

…advocate for enhanced restorative justice

On the occasion of the first Legal Conference on Criminal Justice Reform being held in Georgetown, Inter-American Development Bank (IDB) Country Representative Lorena Solorzano Salazar highlighted the need for more restorative justice to be implemented, while also acknowledging the strides Guyana has made in reforming its criminal justice system.

She made these comments during Wednesday’s opening ceremony of the Legal Conference, which is aimed at advancing the Needham Point declaration. The IDB Country Representative lauded the progress made in this area and gave as an example the creation of the Law Reform Commission and legal provisions for the creation of a Restorative Justice Center.
“The Needham point declaration provides a comprehensive roadmap to making this a reality. So, implementing these recommendations requires a concerted effort from all stakeholders… governments, legal practitioners, civil society and international development partners.”
“I will commend and congratulate the efforts Guyana has been making for several years. I would say that in Guyana, we have significant strides in this direction. That support has also allowed for the establishment of key institutions and arrangements, to govern and update the alignment of the country’s laws with global legislative trends,” Salazar explained.

She noted that under the restorative justice programme, the Ministry of Legal Affairs has undertaken to draft 12 pieces of legislations and amendments. As a matter of fact, Salazar noted that legislative reforms in Guyana have increased at an unprecedented rate over the past three years.
“(This) represents one of the most ambitious efforts that we have supported in the Caribbean,” Salazar said, a reference to the IDB-funded Support for the Criminal Justice System Programme that Guyana, as well as other Caribbean countries, benefit from.

Commonwealth
Commonwealth Secretary General, Baroness Patrica Scotland was also in high praise for Guyana’s criminal justice reform progress. In a statement, Scotland said that she and her team not only salute Guyana for taking these bold steps, but will also be assessing how they can contribute.
“Justice is at the very heart of ensuring that we have a society that is not only enabling but equitable. We are charged to deliver justice, particularly for the poor, the marginalised, the silenced and the vulnerable. We can use the law as a weapon against injustice and wield it with skill whilst empowering the next generation.”
“By gathering regional stakeholders and approaching the planning process in a consultative and collaborative manner, shows a commitment to accessible and equitable justice. I salute the Government of Guyana for taking this bold step with this conference and look forward to sharing in the discussions. Additionally, my team and I will be assessing how we can support these efforts going forward,” Scotland said in her statement.

Judicial improvements
Meanwhile, Attorney General and Minister of Legal Affairs Anil Nandlall, SC., in his address at the opening ceremony, highlighted areas in which the judiciary must focus on improving the dispensation of criminal justice.
“Judges and Magistrates must inject competence, impartiality and efficiency in the discharge of their functions. Cases must be concluded within reasonable time. Adjournments must only be granted for good and sufficient reasons. Once a decision is made, the reasons therefore must be made available swiftly so that the appellate process can proceed with dispatch.”
“Too often do we hear the cry across the Region, “justice delayed is justice denied”. governments must ensure that the Judiciary is adequately resourced to enable the discharge of their duties with the requisite expediency,” Nandlall said.
The Attorney General noted that, at a time when Guyana and the region exist in exceptional circumstances, the solutions arrived at during the conference must also be exceptional. According to him, this calls for “robust and candid” discussions. Nandlall also expressed hope that the scope of the conference can be expanded in the future.
“While this Conference, as the name suggests, is the first of its kind ever held in Guyana, it is my hope that it will not be the last but will expand beyond the realm of criminal justice and embrace other fundamental areas of law, such as civil law practice and procedure, constitutional and public law, different facets of commercial law, oil and gas law, the environmental law, etc.”
“And of course, the new frontiers such as artificial intelligence. Needless to say, every effort will be made to engage the CCJ Academy for Law and such like institutions in collaboration, so that we attract the broadest possible participation from the Region,” the Attorney General further said.
Restorative justice is a system of providing justice to persons through consultation between a victim, perpetrator and community member without imprisonment for non-violent crimes. It is an alternative approach that seeks to repair harm by providing opportunities for the victim and perpetrator to discuss and address their needs in the aftermath, in a way that promotes healing, accountability, and understanding.
The method falls under the Support for the Criminal Justice System Programme, which is aimed at addressing the overcrowding in prisons by focusing on two aspects: the overuse of pre-trial detention, and the overreliance by the criminal justice system on custodial sentences. (G3)