Legislative changes needed to advance human rights in Guyana

70 years of UDHR

Appeal Court Judge, Justice Arif Bulkan, said despite Guyana being signatory to a number of human rights conventions as well as guaranteeing basic human rights in its Constitution, there are some legislative changes that are required to further advance those rights.
“All of these rights paint such a good picture but there is also, in our constitution, a savings law clause which simultaneously forecloses those rights from applying to preexisting laws. In other words, that savings clause mocks the guarantees that are included wherein and that is something that needs to be legislatively removed,” Justice Bulkan said.
He made the statement on Wednesday while addressing the Foreign Affairs Ministry’ Public Commemorative Lecture on the 70th anniversary of Universal Declaration on Human Rights (UDHR) titled “The role of the Human Rights Council in promoting Human Rights in developing countries” at the University of Guyana, Turkeyen Campus.
Bulkan said the significance of the UDHR should not be underestimated since it is revolutionary for its time, adding that it imposes the concept of human rights thus ushering the end of States doing as they please. He explained that he was struck by the way the former Attorney General of Belize described human rights when he said it is the new theology in the modern world. Bulkan explained that the modern reality is that human rights form an integral part of global processes and institution whether openly or as subtext.
He went on to say the fact remains that many global interactions, as well as global institutions, look to the extent to which human rights are protected before they decided to build relationships with other states.
“As offensive as that may seem to some, I think in Guyana we are much too small at this point to buck against that and it makes all the more sense to engage these processes so that we can at least have a say in the standards that are formulated,” he said.
Justice Bulkan said since independence, Guyana has enshrined basic human

rights in its Constitution and that it has progressively, over the past five decades, to ensure those rights are further advanced. He related that Guyana is so unique in its guarantee of human rights that it is the only country in the Caribbean that guarantees Indigenous people their rights to land in its legislations.
However, he noted the need for greater implementation to guarantee those rights in the future.
“There must be a greater implementation, a commitment to implementation which would include a slew of interventions by the State which includes strengthening key institutions like Guyana Police Force, Judiciary and operationalising the Human Rights Commission which was set up since 2001 yet no movement in that regard as well as ensuring the other rights commissions can function properly,” he noted.
“There must be the development of a culture across the bureaucracy of the State institutions in which respect for human rights is routine and organised. What we need is not just reactive forms, of waiting to address human rights violations, but an inculcation in our society of the importance of rights from a very early age,” Justice Bulkan posited.

Guyana’s commitment
Meanwhile, Foreign Affairs Minister Carl Greenidge said the UDHR, as proclaimed by the United Nations General Assembly in Paris on December 10, 1948, heralded a new era in human history, adding that for the first time, all nations acknowledged the inalienable rights of every person regardless of where they come from, their sex, religion or socio-economic background.
He noted for small developing countries such as Guyana, the recognition that “all human beings are born free and equal in dignity and rights” remains a central guiding principle of governance structure and the promotion and protection of human rights is among its highest priorities.
“It is a crucial pillar for our social and economic development as true development cannot take place without a solid foundation based on respect for human rights and rule of law. ?The Government of Guyana recognises this and is committed to the promotion and protection of fundamental human rights nationally and across the international community,” Greenidge noted.
“While it is our best intention to fulfil our obligations, limited technical capacity has presented itself as a challenge. As such there is a difficulty in fulfilling in a timely manner all our monitoring and reporting obligations under these international instruments. As such, Guyana welcome all assistance extended in overcoming this challenge,” he added.
The Minister said as the celebration of 70 years of the UDHR happens, there are still worrying signs of intolerance, racism and bigotry around the world.
Additionally, President of the United Nation’s Human Rights Council Vojislav Šuc delivered the keynote address where he expounded on the importance of the UDHR and how the Council would continue to advance human rights for all.
The UDHR has 30 articles, with the first one being “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”