AFC calls for scrapping of blasphemous libel offence, says it violates freedom of expression

Last Updated on Monday, 16 June 2025, 22:51 by Writer

The Alliance for Change (AFC) on Monday called on all members of the National Assembly to repeal the “archaic and incompatible offence” of blasphemous libel from Guyana’s statute books as it violates Guyana’s Constitution and international law.

“This colonial-era law stands in direct contradiction to Article 146 of the Constitution, International human rights obligations, including Guyana’s commitments under the International Covenant on Civil and Political Rights (ICCPR), to which Guyana is a State Party,” the AFC said in a statement. The AFC added that the Constitution and the ICCPR guarantee the right to freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers. “Blasphemous libel laws, by their very nature, criminalize expressions of religious critique or dissent and pose a chilling effect on free speech and open discourse in a democratic society,” the AFC said.

The call was issued even as Attorney-at-Law Dexter Todd was Monday expected to apply to the High Court for bail to be granted to Mr David “Baby Skello” Wharton who was remanded to prison last Friday on a charge of blasphemous libel connected to a song about a Hindu deity that he had sung and posted on social media. He has since apologised and removed the song from his social media platform.

If convicted, he could be sentenced to a maximum of one year imprisonment.

The AFC pointed out that United Nations Human Rights Committee, in its General Comment No. 34, has clearly stated that prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in very narrow circumstances such as direct incitement to discrimination, hostility or violence.

In keeping with these principles and in line with global human rights trends, the AFC urged all members of the National Assembly to act swiftly to repeal all legislation criminalizing blasphemy or religious insult, including blasphemous libel, affirm the primacy of freedom of expression in a pluralistic democracy, and ensure that any limitations on speech meet the strict tests of legality, necessity, and proportionality under international law.

The AFC says countries across the Commonwealth and beyond—such as the United Kingdom, Canada, and Ireland—have recognized the untenability of blasphemy laws in modern democracies and have acted decisively to abolish them. Guyana must do the same, that party says. “This is a moment for principled leadership. We call on all members of the National Assembly, civil society, and faith communities to stand united in defending the rights of all Guyanese to speak freely, question authority, and engage in robust dialogue without fear of persecution.”

Though President Irfaan Ali has named September 1, 2025 as election day, the Parliament is yet to be dissolved. Nomination Day is July 14.