Unmatched Amerindian benefits evidence of PPP/C’s commitment to Indigenous rights – Nandlall

Legal Affairs Minister Anil Nandlall has reaffirmed that the benefits entitled to Indigenous peoples in Guyana are a direct result of the progressive work of the People’s Progressive Party/Civic (PPP/C) Government to safeguard their rights.
While highlighting the benefits afforded to Amerindians in Guyana, Nandlall stated that the state can implement various measures in their favour — a significant privilege that no other ethnic group in Guyana enjoys. These measures, he said, ultimately benefit the Amerindian community. He made these statements during the recent National Toshaos Council (NTC) meeting.

“Now, in that provision in the Constitution, the state is prohibited from passing any law, implementing any policy, or taking any action that will be discriminatory against any citizen or any class of citizens. So, if the state were to pass a law that discriminates against any individual, group of individuals, or ethnic group, that law would be unlawful — it would be unconstitutional,” Nandlall stated.
He then added that it the state were to make and implement a policy that has a discriminatory effect on any ethnic group or individual, that policy would also be unconstitutional.
However, he underlined that when it comes to Amerindians, the Constitution says that the state can pass a law.
“The state can make a decision. The state can promulgate a policy. The state can implement a measure — and in doing so, can discriminate positively in favour of Amerindians. No other ethnic group in this country enjoys that special right.”
He added, “And if anyone goes to court and says, ‘Look, this law is discriminatory against my ethnic group because it only allows Amerindians to benefit,’ the judge can hold up the Constitution and say, ‘But the Constitution authorises positive discrimination in favour of Amerindians.’” Nandlall also emphasised that this is why, for example, the Amerindian community — as an ethnic bloc — is the only ethnic group in the country benefiting from the Low Carbon Development Strategy (LCDS) programme.
“It’s not only because you live in that geographic part of Guyana. That may be one of the main reasons, yes — but it’s also because the Constitution specifically allows such preferential treatment.”
He further highlighted the protection that Amerindians receive under the Amerindian Act, enacted in 2006. This act allows for a wide range of benefits for Amerindians in Guyana.
“In 2006, the People’s Progressive Party/Civic passed the Amerindian Act — the first time in the history of our country that such a law was passed. No other ethnic group in Guyana has a specified and unique regulatory framework like this act provides.”
Speaking on future developments, he also mentioned that the Government is working on reforming the Act.
“We have said to you that we will reform the Act — and it will be a consultative process. You will lead the initiative in the reform process. You will determine what changes will be made to the law.
A committee has already been established, but we have not yet been able to actively engage communities. We plan to do so as soon as the next elections are concluded. That is one of the first things we will begin — the reform process of the Amerindian Act.
We can’t do it now because Parliament is coming to an end. We are approaching the end of this Government’s term. But that is our commitment to you.”
The Amerindian Act of 2006 is a pivotal piece of legislation that provides a legal framework for land ownership, governance, cultural preservation, and sustainable development within Amerindian villages.
Key highlights of the Act include: Amerindian communities can apply for legal title to lands they have traditionally occupied for at least 25 years. Each Amerindian village is governed by a Village Council, led by a Toshao (chief). Village Councils have the authority to make rules, manage resources, and enforce penalties for non-compliance. Fines collected from rule violations are retained by the Village Council, not the central Government.