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TITLE:  GUYANA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             GUYANA


The Co-operative Republic of Guyana, a member of the
Commonwealth of Nations and the Caribbean Community (Caricom),
is a small, multiracial developing nation with a unicameral
Parliament chosen by direct election in a multiparty political
system.  Dr. Cheddi Jagan, leader of the majority party in
Parliament, is Executive President.  He appoints the Prime
Minister and other ministers.  Local and international
observers generally agreed that the 1992 general elections and
the 1994 municipal elections were free and fair.

The Guyana Defence Force (GDF) and the Guyana Police Force
(GPF) comprise the security forces.  The GPF has primary
responsibility for maintaining law and order throughout
Guyana.  The police and security forces are subordinate to the
Government.  Low pay and a high vacancy rate undermined the
ability of the police force to carry out its functions, and the
Guyana Human Rights Association charged GPF members with
brutality and shootings.

Although the economy is largely agricultural, with sugar and
rice important export earners, gold mining and timber
production are fast-growing industries.  Despite 4 straight
years of annual economic growth between 6.0 and 8.3 percent,
the per capita gross domestic product was only about $640.  The
economy suffers from high external debt, shortages of skilled
labor, and a deteriorating infrastructure.

Human rights problems continued to include police abuse of
detainees and prisoners, severe delays in the inefficient
judicial system, societal violence against women and children,
and discrimination against the indigenous Amerindians.  Police
abuses were often committed with impunity, and the Police
Complaints Authority is largely ineffective because it lacks
independent power.  There are still some limitations on worker
rights, but political control of union activity has diminished.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings.

There was one extrajudicial killing by a member of a community
police group (private citizens patrolling their neighborhoods).
Rural Police Sergeant Lall (an Indo-Guyanese) shot and killed
Kenny France (an Afro-Guyanese).  Police said that France was
shot when he and others attempted to prevent Lall and three
others from arresting France's stepson.  As a result, the
Guyana Human Rights Association (GHRA) charged that the
community policing concept was "out of control" and deplored
the "untrained citizens" groups' increasing access to
firearms.  According to the Minister of Home Affairs, the GPF
provides some training and equipment to community police groups
and often conducts joint patrols with them.

An alleged extrajudicial killing involved the death of
Shivnarine Dalchand, who died while in police custody.  Police
claim Dalchand drowned while attempting to escape but
subsequently said he was rescued but died later.  GHRA said
this version of his death was "challenged by family and
eyewitnesses."  A post mortem showed cause of death to be
pulmonary edema, and no additional evidence confirmed this to
be an extrajudicial killing.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although the Constitution prohibits torture, the GHRA and the
press reported a rise in the number of reports of police
brutality, including beatings and deliberate shootings during
arrest and detention.  The Police Complaints Authority (PCA)
sent 131 complaints to the Police Commissioner; however, this
figure includes complaints of corruption as well as brutality.

For example, in August police arrested Sean Austin on a charge
of armed robbery.  The police claimed they shot Austin after he
attempted to attack a police officer with a knife.  Newspapers
cited eyewitnesses as saying the police shot Austin in the
thigh without provocation, and them shot him twice more in the
shoulder and stomach.  Austin survived the shooting and is
awaiting trial on a charge of armed robbery.  There apparently
was no further investigation into the shooting.

In September principal magistrate Paul Fung-a-fat dismissed
charges of stealing ammunition against GDF soldier Sean
Goodluck, saying he had seen a letter which confirmed that
Goodluck was beaten while in GDF custody.  Goodluck suffered a
broken arm.  The authorities presented no evidence against
Goodluck in court, except confessions made by three other
defendants, all unrepresented by legal counsel.  Although the
magistrate dismissed the charges, the GDF found Goodluck
"unsuitable for continued military service" and discharged
him.  They also discharged the GDF member who beat him.  This
was the only allegation of human rights abuse against the
Guyana Defence Force in recent years.

Also in September, four police officers were accused of raping
a woman who went to the police mounted branch in Georgetown
seeking police assistance.  The authorities subsequently
charged and remanded for trial two of these officers.

The GHRA alleged that police severely beat Leroy Marshall
during the 5 days he was in custody before being charged with
stealing two gold chains.  The police deny that Marshall was
beaten.

As in previous years, confessions were occasionally thrown out
of court on the grounds that they were coerced.  The GHRA
announced on September 1 that in the preceding week it had
received 17 complaints of police brutality and shootings from
various parts of the country, more than in any other single
week in its 15-year history.  The body charged with looking
into complaints of police brutality or abuse, the Police
Complaints Authority (PCA), has no power to interview police
officers or witnesses, and must rely on material submitted by
the police.  The government Ombudsman lacks the authority to
look into allegations of police misconduct.

In 1993 the Government reported that it charged and placed
before the courts 18 members of the Police Force for criminal
offenses including murder, manslaughter, rape, robbery, and
corruption.  (No figures were yet available for 1994.)  When
they bring charges against officers as a result of complaints
to the PCA or through other means, the authorities routinely
suspend them for a few days.  If convicted, the courts
sometimes fine them and order dismissal from their jobs, but
rarely impose jail sentences for their offenses.  In essence,
the police force is responsible for investigating itself and
failed to do so effectively, with the result that members of
the police force commit abuses with impunity.  The PCA reported
that in 1993 the Commissioner of Police did not respond to 69
of the 131 complaints (which include corruption and other
allegations apart from brutality) which it sent for
investigation.

The prison in Georgetown is severely overcrowded and houses
only men.  Poor diet, inadequate medical attention, and
underpaid and poorly trained staff characterize the prison
system.  After sentencing, all women prisoners are held in the
sole women's prison in New Amsterdam.  The facility's isolated
location and lack of adequate staff make it difficult for
family members from other parts of the country to visit.
Except for the prison at New Amsterdam, prison visiting
committees, which check on conditions in prisons, were inactive
in 1994.  Prison authorities continued to show receptivity to
suggestions for improvement in the prisons and cooperated with
the GHRA in projects to provide occupational training for some
prisoners.  The GHRA participated in training courses for new
prison officers, continuing education programs for veteran
officers, and discussions on civic education topics with
prisoners.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution provides that no person may be deprived of
personal liberty except as authorized by law and requires
judicial determination of the legality of detention.  The
authorities generally respected this mandate in practice.

The law does not require that a court official issue an arrest
warrant; a police officer may make an arrest based upon an
assessment of guilt.  The law requires that a person arrested
and held for more than 48 hours be brought before a court to be
charged.  In practice, the authorities sometimes hold prisoners
more than 48 hours without bringing charges.

Forced exile is not practiced.

     e.  Denial of Fair Public Trial

The Constitution provides that anyone charged with a criminal
offense has the right to a hearing by a court of law, and the
authorities respect this right in practice.  Guyana has a
functioning bail system, except in murder cases.  Defendants
are granted public trials, and appeal may be made to higher
courts.

However, the inefficiency of the judicial system is so great as
to undermine due process.  Shortages of trained court
administrative personnel and magistrates, inadequate resources,
low salary levels, and the slowness of police in getting cases
ready for trial cause extensive delays in judicial
proceedings.  As a result, the authorities often detained
prisoners for 3 or 4 years while awaiting trial.

Although the law recognizes the right to legal counsel, in
practice, with the exception of capital crimes, it has been
limited to those who can afford to pay.  The court assigns an
attorney to defendants in murder cases.  Otherwise, virtually
no lawyers work pro bono in criminal cases.  A small group of
lawyers set up a legal aid clinic in 1994, but it focuses
mainly on civil cases.  The Guyana Association of Women Lawyers
also provides free legal services for civil cases only.

There are no political prisoners or special courts for
political security cases.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Government generally respects the right to privacy,
although some opposition politicians have claimed instances of
government surveillance of political meetings and rallies.
(Uniformed police officers are routinely present at such
rallies.)  Police generally respected the laws requiring
judicially issued search warrants.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The authorities generally respected the constitutional
provision for freedom of speech, and Guyanese freely criticize
their government and its policies.

The Government's role in the media declined greatly due to the
increased availability of nongovernment-owned newspapers and
the rapid growth of independent television.  Independent and
opposition newspapers frequently criticized the Government in
editorials and satirized it in cartoons.

The government-owned Guyana Television and the two radio
stations controlled by the government-owned Guyana Broadcasting
Corporation offer relatively evenhanded reporting of local
events.  Guyana has no private radio stations, but there are
seven private television stations in Georgetown, and several
more in outlying towns.  Two of the private television stations
produce independent newscasts, and a third station offers
frequent public affairs programming which is often critical of
the Government.

There were no restrictions on academic freedom in 1994.

     b.  Freedom of Peaceful Assembly and Association

The Public Order Act requires police permits for mass political
meetings.  The Police Commissioner has the authority to refuse
permission for a public meeting at his discretion and without
explanation.  There was no evidence that he used this authority
for political purposes.  Political parties and other groups
held public meetings and rallies throughout the country without
hindrance in the course of hard-fought municipal and local
elections.

     c.  Freedom of Religion

The Constitution provides for freedom of religion, and members
of all faiths worship freely.  There are no restrictions on
foreign religious groups proselytizing in Guyana and foreign
missionaries work in the country without hindrance.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Constitution provides for freedom of movement within
Guyana.  Travel to Amerindian areas requires government
permission, the result of a law dating from colonial times
designed to protect indigenous people from exploitation.  In
practice, however, most people travel throughout these areas
without a permit.  Guyanese are free to travel abroad, to
emigrate, and to return.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Voters choose members of the unicameral Parliament by direct
election in a multiparty political system based on proportional
representation.  The leader of the party which obtains a
plurality of seats in Parliament during national elections is
sworn in as Executive President.  The President appoints a
Cabinet, headed by a Prime Minister, which together with the
President exercises executive power.

Guyanese are free to join or support political parties of their
choice.  Any citizen 18 years or older may register to vote.
Local and foreign observers generally considered the 1992
national elections, as well as the 1994 municipal and local
elections in most parts of the country, to be free, fair, and
open.

There are no legal impediments to women or minorities
participating in the political process, but in practice the
indigenous Amerindian minority has little influence on
decisions affecting its interests (see Section 5).  The Cabinet
includes two women, two persons of Portuguese descent, one of
Chinese origin, eight of East Indian extraction, four
Afro-Guyanese, and one Amerindian.  The 65-member Parliament
includes 12 women and 3 Amerindians, representing both major
parties.  Following the 1994 municipal elections, a woman
became deputy mayor of the capital city of Georgetown.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Guyana Human Rights Association, the most active local
human rights group, functioned without government interference
in 1994.  The GHRA is a nongovernmental organization formed in
1979 with the participation of trade unions, professional
organizations, various ethnic groups, and churches.  It issues
periodic press releases and publishes an annual report on human
rights in Guyana.  The Government made no official statements
on either GHRA or foreign human rights reports.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution provides fundamental rights for all persons in
Guyana regardless of race, sex, religion, or national origin.

     Women

In principle, the Constitution prohibits discrimination on the
basis of sex and commits the Government to ensure equal pay for
equal work.  However, a 1988 government-sponsored
constitutional amendment rendered the equal pay provision
unenforceable except in cases in which equal pay for equal work
is provided for by specific statute.  No such statutes have
been enacted.  Increased activity by women's groups led to
heightened awareness of sexual harassment.  A mining company
dismissed four men accused of sexually harassing a teenage
girl, and in November a businessman was charged with indecent
assault for alleged sexual harassment of a female employee.
Dismissal because of pregnancy is both legal and common.

Legislation protects women's property rights under common-law
marriage, entitling a woman who separates or divorces to
one-half the couple's property if she had been working and
one-third the property if she had been a housewife.  However,
divorce by consent remains illegal, and there are unequal
provisions regarding adultery as grounds for divorce.  The
legislation also gave authority to the courts to overturn a
man's will in the event it did not provide for his wife.

Violence against women and children, including domestic
violence, is a significant problem.  Wife beating, rape, and
incest are common, but victims rarely report such crimes to the
authorities.  Victims of such abuse who do seek redress from
the police and the courts often suffer social retribution and
additional harassment from the authorities charged with
pursuing their claims.  Because of their economic circumstances
and the lack of any family shelters or other place of solace,
victims of domestic violence are often trapped in their homes
with their abusers.  In one case in Georgetown in March, a man
stabbed his common-law wife and threw her into a ditch.  He was
charged with attempted murder, but was discharged by a court
after his wife pleaded for his release, saying that she could
not support their seven children without him.

     Children

An estimated 65 to 86 percent of the population lives in
poverty, and children are more severely affected than any other
group.  The severe deterioration of the public education and
health care systems has stunted children's futures and often
cut short their lives.  Children's lives are also adversely
affected by migration.  Over 3 percent of Guyana's population
emigrates every year in search of a brighter economic future.
As parents migrate, particularly when planning to enter other
countries illegally, they often leave their children behind to
be raised by other family members, friends, or by other
children.  The administration of justice for children is
characterized by a punitive legal system which does not take
into account the needs of children suffering sexual, physical,
or emotional abuse.

     Indigenous People

The small Amerindian population is composed of nine tribal
groups, most living in reservations and villages in remote
parts of the interior.  Their standard of living is much lower
than that of most Guyanese, and their ability to participate in
decisions affecting their lands, cultures, traditions, and the
allocation of natural resources is limited.

The Amerindian Act regulates Amerindian life, and is legislation
dating from colonial times designed to protect indigenous
people from exploitation.  The Act gives the Government the
power to determine who is an Amerindian and what is an
Amerindian community, to appoint Amerindian leaders, and to
cancel or annul decisions made by Amerindian councils.  It also
prohibits the sale of alcohol to Amerindians and requires
government permission before any Amerindian can accept formal
employment, although these provisions generally are not
enforced.  Both individuals and Amerindian groups remain free
to criticize the Government.  In April representatives from all
Amerindian communities and tribes met with government
officials, including President Jagan, to discuss Amerindian
problems.

In December 1993 Parliament appointed a select committee to
recommend revisions to the Amerindian Act to make it more
democratic and enhance Amerindian self-determination.  Through
September, the committee had met only twice.  The Minister of
Amerindian Affairs, himself an Amerindian, lacks a staff and
separate budget.

During its first 2 years in office, the Jagan administration
did not distribute any land titles to Amerindians, arguing that
the land must first be surveyed.  The Government still holds
title to 90 percent of the lands claimed by Amerindians, and
through the Amerindian Act may repossess land titles already
distributed if it determines that it is in the Amerindians'
interest.  The Government is negotiating with foreign mining
and timber companies for additional concessions on
Amerindian-occupied land.  Amerindians displaced by timber and
mining operations in such cases have no legal recourse.  The
Barama company, owned by South Korean and Malaysian investors,
continued to develop its 4.2-million-acre timber concession in
an area where 1,200 Amerindians live, only 550 of them in
government-recognized villages.  The remainder, scattered along
rivers in the concession, have no legal protection for their
homesteads.

     National/Racial/Ethnic Minorities

Longstanding ethnic tensions, primarily between Guyanese of
African and East Indian descent, continued to influence
Guyanese society and political life.  The civil service and
defense and police forces are overwhelmingly staffed by
Afro-Guyanese.  Recruitment efforts targeted at Indo-Guyanese
candidates for the uniformed services generally have met with
an unenthusiastic response, with most qualified Indo-Guyanese
candidates opting for a business or professional career over
military, police, or public service.  The Chief of Staff of the
Guyana Defence Force and the Deputy Commissioner of Police,
however, are Indo-Guyanese, and there are other Indo-Guyanese
officers in both services.

     People with Disabilities

Guyana has several special schools and training centers for the
disabled, but like the rest of the educational system these are
understaffed and in severe disrepair.  The lack of appropriate
infrastructure to provide accessibility to both public and
private facilities makes it very difficult to employ the
disabled outside their homes.  There is no law mandating
provision of access for people with disabilities.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution provides for the right of association and
specifically enumerates a worker's right to "form or belong to
trade unions."  The law does not require employers to recognize
a union in the workplace, even if a large majority of workers
have indicated their desire to be represented by a union.  The
Minister of Labour sent a new trade union recognition bill to
the Attorney General for comment in 1993, and the Government
presented the bill to Parliament in December 1994.

Most union members work in the public sector and in state-owned
enterprises.  Organized labor freely associates in one major
national federation, the Guyana Trades Union Congress (TUC),
composed of 22 unions.  There is a tradition of close ties
between the trade union movement and political parties.
Historically, the two major political parties wielded
significant influence over the leadership of a number of
unions, and trade union officials often served in dual roles as
party officials.

Workers have a generally recognized right to strike, but the
law nominally forbids public employees providing essential
services from striking (a procedure exists for the review of
their grievances by a tribunal appointed by the Minister of
Labour).  However, this rule is not enforced, and employees in
essential services went on strike three times during the first
9 months of 1994.

Most strikes in 1994 were illegal, i.e., the union leadership
did not approve them or they did not meet the requirements
specified in collective bargaining agreements.  The newly
emergent private sector fired workers on three occasions for
engaging in illegal industrial actions, but they were usually
reinstated after the strike was settled.

Unions and their federations freely maintain relations with
recognized Caribbean and international trade union and
professional groups.  All three of the major international
trade union federations have affiliates in Guyana.

     b.  The Right to Organize and Bargain Collectively

Public and private sector employees possess and utilize the
generally accepted right to organize and to bargain
collectively.  The Ministry of Labour certifies all collective
bargaining agreements and has never refused to do so.  This
right is not codified, however, and employers are not legally
required to recognize unions or bargain with them.

Individual unions directly negotiate collective bargaining
status, pursuant to the 1993 repeal of a regulation which
required that all collective bargaining be negotiated through
the TUC.  Unions remain unhappy with the provision granting the
Ministry of Finance veto power over wage contracts negotiated
by other ministries.  In one case, the Ministry of Finance
forced the Ministry of Public Service to renege on a contract
the latter signed with the four principal public service unions
by announcing that the Government did not have the funds to pay
promised wage increases.

The Chief Labour Officer and the staff of the Ministry of
Labour provide consultation, enforcement, and conciliation
services.  The Ministry of Labour certified 50 collective
bargaining agreements in the first 9 months of 1994, up from 47
for all of 1993.  The Ministry has a backlog of cases, and
insufficient manpower and transportation severely limit the
Ministry's ability to carry out its function.

The Ministry of Labour investigated possible antiunion
discrimination at Continental Industries.  Continental was
accused of denying would-be union organizers access to workers
and of firing workers engaged in union organization.

Union leaders make credible charges that workers attempting to
unionize workplaces are frequently harassed and intimidated and
that the Ministry does not expeditiously investigate complaints
that employers dismiss workers when confronted with union
organizing efforts.  There is no legal mechanism to require
employers found guilty of antiunion discrimination to rehire
employees fired for union activities.

Guyana has no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced or compulsory labor, and
there is no indication that it occurs.

     d.  Minimum Age for Employment of Children

The Factories Act and the Employment of Young Persons and
Children Act set out minimum age requirements.  Legally, no
person under 14 years of age may be employed in any industrial
undertaking, and no person under 16 may be employed at night,
except under regulated circumstances.  The law permits children
under age 14 to be employed only in enterprises in which
members of the same family are employed.  Poverty-stricken
young children work, however, and it is common throughout the
country to see very young children engaged in street trading.
While cognizant of the situation, the Ministry of Labour does
not employ sufficient inspectors to enforce existing laws
effectively.

     e.  Acceptable Conditions of Work

The Government establishes a public sector minimum wage which
was the equivalent of $4.00 per day as of July 1.  The Labour
Act and the Wages Councils Act allow the Labour Ministry to set
minimum wages for various categories of private employers.  The
Government raised official minimum wages by over 400 percent in
November 1993; it set the minimum wage for unskilled workers at
the equivalent of $0.17 per hour.  Both the legal minimum wage
for the private sector and the public sector minimum wage are
insufficient to provide a decent standard of living for a
family.  There is no enforcement mechanism, and unorganized
workers, particularly women and children, are frequently paid
less than what is legally required.

The Shops Act and the Factories Act set hours of employment,
which vary by industry and sector.  In general, work in excess
of an 8-hour day or a 44-hour week requires payment of an
overtime rate; however, if the initial contract stipulates a
48-hour workweek, then the overtime rate only applies to hours
worked in excess of 48 hours.  The law does not provide for at
least one 24-hour rest period.

The Factories Act also sets forth workplace safety and health
standards.  The Occupation Health and Safety Division of the
Ministry of Labour is charged with conducting factory
inspections and investigating complaints of substandard
workplace conditions.  As with its other responsibilities,
inadequate resources prevented the Ministry from effectively
carrying out this function.  Workers cannot remove themselves
from dangerous work situations without jeopardy to continued
employment.