Demerara Waves Online News- Guyana Riding on the Crest of Truth
Last Updated on Monday, 27 November 2023, 7:46 by Denis Chabrol
Ms Cathy Hughes
High Court action looms to compel govt to establish Human Rights Commission
The Guyana government is being called upon to establish the constitutionally required Human Rights Commission (HRC) to allow people to seek redress for violation of their rights, and to seek an advisory opinion from the Inter-American Commission on Human Rights (IACHR) on whether Vice President Bharrat Jagdeo’s calling of opposition parliamentarian a “low life” has harmed her.
The calls were issued on Monday by Attorney-at-Law Nigel Hughes who also said that the High Court w0uld by this weekend be asked to compel the Guyana government to establish the HRC for the first time. “Legal proceedings will be commenced to compel the GOG (Government of Guyana) to establish the HR Commission,” Mr Hughes told Demerara Waves Online News. He said government has consistently refused to establish the Human Rights Commission under the Constitution.
He also said that legal action would be taken in Guyana’s Courts concerning the adverse impact of Mr Jagdeo’s “low-life” comment about Mrs Hughes and preparations were being made to take the matter to the IACHR after advice on the procedures. “We are treating the statement made by the Vice President as a statement by the Government of its position on women as it was made in his official capacity from an official office,” Mr Hughes said.
Pending Mrs Hughes’ legal action domestically and filing of an individual petition to the IACHR, the Attorney-at-Law is calling on the Guyana government to immediately request an advisory opinion from that juridical body on whether the sitting Vice President’s statement referring to a female former minister and sitting parliamentarian as a “low life” constitutes “psychological harm or suffering to women,” as protected by the convention.
Further, Mr Hughes wants the Guyana government to ascertain whether Mr Jagdeo’s “low life” statement is a breach of the Protected Convention right “to have her physical, mental and moral integrity respected” and for recommendations to be made on the appropriate measures to be undertaken by the state in the light of the alleged infringement of these rights.
The lawyer notes that Guyana’s Constitution entitles every citizen to the human rights enshrined in the international treaties and “ such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of Government”. He contended that those rights could only be enforced if the Human Rights Commission is established.
He also referred to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women which states that violence against women shall be understood as any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or the private sphere. Further, violence against women shall be understood to include physical, sexual and psychological violence that is perpetrated or condoned by the state or its agents regardless of where it occurs.
Mr Hughes is the
In order to protect the rights of every woman to be free from violence, the States Parties shall include in their national reports to the Inter-American Commission of Women information on measures adopted to prevent and prohibit violence against women, and to assist women affected by violence, as well as on any difficulties they observe in applying those measures, and the factors that contribute to violence against women.
The States Parties to this Convention and the Inter-American Commission of Women may request of the Inter-American Court of Human Rights advisory opinions on the interpretation of this Convention.
Further, any person or group of persons, or any nongovernmental entity legally recognized in one or more member states of the Organization, may lodge petitions with the Inter-American Commission on Human Rights containing denunciations or complaints of violations of Article 7 of this Convention by a State Party, and the Commission shall consider such claims in accordance with the norms and procedures established by the American Convention on Human Rights and the Statutes and Regulations of the Inter-American Commission on Human Rights for lodging and considering petitions.