GUYANA: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

National Report

38. The Members of the Rights of the Child Commission and the Women and Gender Equality Commission have been appointed. The Indigenous Peoples’ Commission is before the Parliamentary Committee of Appointments and it is anticipated that it will be appointed in 2010.

59. The architecture of the public health sector is based on a free public health care delivery system from the lowest rung of health huts in the far interior leading to the main tertiary care referral and teaching hospital in which access to Maternal and Child Health services, Non-communicable and communicable disease clinical services, HIV/Aids and sexually transmitted diseases services, dental care and rehabilitation services, intertwine and are offered at various levels and across all ten Administrative Regions.

61. Immunisation of all children is free and provided at primary health care facilities which include health huts in far flung villages in the interior. The immunisation rate of the under one year old population is high at approx 95 per cent.22 The Integrated Management of Childhood Illnesses (IMCI) targets the reduction of morbidity and mortality associated with the major causes of childhood illnesses. It is important to note that under five mortality rate dropped from 72.0 per thousand (2000) to 20 per thousand (2009). Furthermore, infant mortality rate dropped from 54.0 (1992) to 15 per thousand (2009).

62. Guyana is a signatory to the Millennium Development Goals 2015, and, with respect to MDG 4 -Reducing child mortality, it is projected that Guyana will meet its targets of reducing child mortality rates.

67. Guyana’s educational system is based on the principles of accessibility, availability, freedom to choose and to establish. Guyana’s education policy ensures that all citizens of Guyana, regardless of age, race, creed, physical or mental disability, are given opportunities to achieve their full potential through equal access to quality education within available resources. In 2009, the public Education sector represented 15.1 per cent of the Budget and 7.3 per cent of the GDP.

68. The government is committed to ensuring that no child is denied education. It is mandatory that children from age 5 to 15 attend school. Noteworthy is that nursery or kindergarten education (3 years and 9 months) is not compulsory, nevertheless, 70 per cent of the relevant age cohort attends nursery schools. In the new Education Act it is proposed that this level of education becomes compulsory.

69. The GoG has in the last 17 years built, rehabilitated and extended hundreds of schools throughout the country.23 With respect to access to education in the Amerindian communities, there are over 200 nursery and primary including 13 secondary public schools (2009).

70. School enrollment at the primary level is 104,440 in the2008-9 school year, an improvement from 70 per cent enrollment of the child population in 1992. In the 2009 academic year, based on the Bureau of Statistic population projections, it is estimated that 90 per cent of the relevant age cohort is enrolled in primary schools in the public sector. Repetition and drop out rates at the primary level is 1 per cent and 3 per cent respectively, therefore the completion rate at primary level is now over 90 per cent. Guyana is expected to reach MDG # 2 by 2015.

71. Total secondary education enrollment is 68,163 which is also an improvement from 45 per cent in 1992 to 75 per cent in 2008. Overall, the total enrollment is 203,205 children (public sector nursery, primary, secondary and Practical Instruction Centres) with 102,576 males and 100,629 females (2009). Government provides tuition free education including provision of text books, from primary to secondary levels in the public sector.10

72. The GoG through the Ministry of Human Services and Social Security provides school uniform vouchers for children in nursery, primary and secondary education who are poor. As of 2009 18 per cent of the school population (100 per cent of students from riverain and interior locations and 10 per cent from coastal areas) is beneficiaries. In January 2010, the Administration undertook the provision of school uniforms to all children attending school in the new school year. School feeding programmes are offered in primary schools in all ten Administrative Regions to poor children, but more extensively in the hinterland and riverain areas.

73. The Constitution provides for the right to establish private education institutions (Article 49 1) and the freedom to choose. (Article 149 H) In the private educational system many of the schools are faith based (Bahai’s Christian, Hindu, Islam).

74. The Ministry of Education assists in reintegrating children into the school system who have dropped out of school for various reasons including those involved in child labor.

106. Juvenile offenders between the ages of ten and seventeen may be sent to the one co-ed rehabilitation centre, the New Opportunity Corp, by the Magistrates’ Courts.

124. With respect to access to education, the government has implemented over the last ten years an aggressive infrastructural programme building nursery and primary schools in the Amerindian communities as well as secondary schools with dormitories in the hinterland. (PART III. A. 6. Education)

125. The Hinterland Scholarship Programme assists Amerindian students with high grades to attend secondary schools on the coast. The school feeding and the school uniform programmes have also contributed to greater enrollment and school attendance in Amerindian communities. Due to greater access to education, there has been a notable increase in the enrollment of Amerindians into the public service, the teaching profession and law enforcement /national security agencies.

28. The Government of Guyana recognises that every child has a right to grow to adulthood in health, peace, and dignity. Guyana recognizes its obligation and has made serious efforts to ensure the rights of children to health, nutrition, education, social and emotional development. Guyana ensures protection, provision and participation based on the principles of non discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child.

129. In accordance with Article 38B of the Constitution, all judicial proceedings and decisions concerning children undertaken by all bodies including legislative bodies, the best interest of the child shall be the primary consideration. Further the Constitution provides for rights in respect to adoption, maintenance and accommodation, and compulsory formal education.

130. The Ministry of Human Services and Social Security has the responsibility to oversee the welfare and social and legal protection of children in a safe and conducive environment.34 It focuses on providing social services for poor, vulnerable and orphaned children so that they have equal access to and are recipients of available opportunities that would aid in their upbringing. The Ministry has a special programme called “Mission Child Protection” to remove children from the streets or risky situations and take them into protective care.

131. The legislative framework for the protection of children and children’s rights has been radically altered in the last 3 years. Parliament has passed the following modern progressive laws: The Age of Consent Act 2006; Marriage (Amendment) Act 2006; Child Care and Protection Agency Act 200935; The Status of Children Act 2009; The Adoption of Children Act 2009; and The Protection of Children Act 2009.

133. Development Bill (2009) and the Sexual Offences Bill of 2009 are before Parliamentary Special Select Committees and are expected to be enacted in 2010. The drafts of the Juvenile Justice Bill and Education Bill are under review.

134. With the construction of a modern Family Court and the rules governing it in 2010, there will be a more judicious, sensitive and effective resolution of matters relating to children and marriage.

135. The National Commission on the Rights of the Child (1992-2008) a Presidential advisory body, has now been replaced by the constitutional Rights of the Child Commission (Art 212U).

136. Furthermore, Labour laws are in place to protect children; no child under the age of 15 is permitted to work. Children between the age of 15 and 16 cannot take up industrial jobs or jobs that require night work.

137. Due to the poverty reduction programme, the rights to health care, access to basic social services, clean water and better nutrition have contributed to the decline in infant mortality from diarrheal diseases and a decline in malnutrition among children under the age of 5.

138. Further in respect to access to contraceptive advice, no parental consent is required for children to obtain treatment against HIV/AIDS or any other sexually transmitted disease. Any child can also get tested for HIV and their right to confidentiality is protected.

UN Compilation

7. In 2004, CRC encouraged Guyana to pursue its efforts to establish an independent and effective mechanism in accordance with the Principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). It added that, among other things, this institution should be easily accessible to children and provide remedies for violations of their rights under the Convention.18

8. In 2008, the independent expert on minority issues noted that five parliamentary commissions with responsibilities in the field of human rights had been authorized in the revised Constitution of Guyana: the Human Rights Commission, Women and Gender Commission, Rights of the Child Commission, Indigenous Peoples Commission and the Ethnic Relations Commission. At the time of her mission in 2008, only the latter had been fully established and was functioning.19 In March 2009, the Government indicated, inter alia, that nominations to the Rights of the Child Commission had been finalized and would be sent to the National Assembly for approval.20

10. In 2005, Guyana adopted the Plan of Action (2005-2009) for the World Programme for Human Rights Education focusing on the national school system.23 The 2007 Resident Coordinator Annual Report indicated that the national certification standard for Child Friendly Schools, incorporating child rights and peace education, had been adopted country-wide.24

16. In 2004, CRC was concerned that societal discrimination persisted against girls and vulnerable groups of children, including children living in poverty, Amerindian children and children with disabilities.41 The 2005 CCA indicated that special education was offered for children with disabilities but with limited coverage. It added that children below 6 years old and their parents had little opportunity to address disabilities that may be corrected at an earlier stage.42

26. In 2004, CRC recommended that Guyana expressly prohibit corporal punishment by law in the family, school and other institutions.60

27. CRC was deeply concerned about the generally violent environment in which Guyanese children were living and at the increased reporting of ill-treatment and abuse of children, including sexual abuse.61 In 2009, the ILO Committee of Experts on the Application of Conventions and Recommendations noted reports of child prostitution in cities and remote gold mining areas.62 It also highlighted an ILO study concluding that there was an alarming degree of prostitution within the secondary school system and that the sexual exploitation of the girl child was a widespread and serious social problem.63

28. The 2005 CCA referred to a 2003 ILO report which confirmed that worst forms of child labour existed among street children, child victims of prostitution and children from remote Amerindian communities in Guyana.64 In 2009, the ILO Committee of Experts noted with interest the implementation of an Action Programme on the Rehabilitation of Child Labourers and the Prevention of Child Labour in Parika.65

33. In 2004, CRC expressed its concern at the incompatibility of the juvenile system with the provisions and principles of the Convention. It was especially concerned at the fact that the age of criminal responsibility, fixed at 10 years, was too low and that 17-year-olds were tried as adults.83 In 2006, CAT expressed its concern at allegations that children (ages 10-16) were not always separated from adults while on remand.84

34. In 2004, CRC noted with concern that the number of children who were not registered at birth was significant, particularly in remote areas and among Amerindians.85 CRC was also concerned at the large number of female heads of households and the often limited degree to which fathers assume their parental responsibilities. It noted that a substantial number of parents immigrate to other countries, leaving children behind with relatives or in institutions.86

48. In 2004, CRC recommended that Guyana reduce mortality rates by improving prenatal care and preventing communicable diseases, continue to combat malaria, and address the issue of malnutrition through education and by ensuring the availability of adequate nutrition among mothers and children.113 A 2009 United Nations Statistics Division source indicated that the under-five mortality rate per 1,000 live births was 60 in 2007,114 and that the proportion of children under 5 moderately or severely underweight was 12.4 per cent in 2006.115

52. In 2004, CRC remained concerned at the high dropout rates, especially among boys. It was also concerned at the decrease in the quality of education and at the widening of educational disparities in the hinterland regions.125 It recommended that Guyana, inter alia, continue to strengthen measures aimed at increasing enrolment rates in primary and secondary education and to further increase attempts to bring dropouts back to school and other training programmes, ensure that pregnant teenagers are given an opportunity to complete their education, and develop and use indicators for quality education.126

66. CRC recommended that Guyana seek international assistance to address the issues of corporal punishment and street children.150

Stakeholder Compilation

7. AI was concerned at reports of excessive use of force by the Guyana Police Force (GPF) and the Guyana Defence Force (GDF), including beatings and unlawful killings. It also highlighted that there is no independent body to investigate allegations of abuses committed by members of the security forces in Guyana.14 AI indicated that in October 2009, three individuals, including a 15 year-old boy, were subjected to torture and ill- treatment while in police custody during an investigation into the murder of a former local government official.15 It also referred to the so-called “phantom-squad”, which reportedly tortured, “disappeared” and killed more than 200 individuals from 2002-2006. According to AI, its members included serving and former police officers, and it allegedly had links with government officials.16

11. The Global Initiative to End All Corporal Punishment Against Children (GIEACPC) made reference to the legality of corporal punishment of children in all settings in Guyana, despite the concerns and recommendations of the Committee on the Rights of the Child, the Committee Against Torture, and the Human Rights Committee.23 GIEACPC noted that corporal punishment in Guyana is lawful in the home and in schools. In the penal system, corporal punishment is lawful as a sentence for crimes for males under the Whipping and Flogging Act (1922), the Juvenile Offenders Act (1931), the Criminal Law (Offences) Action, and the Summary Jurisdiction (Offences) Act. GIEACPC further indicated that corporal punishment is lawful as a disciplinary measure in penal institutions and in alternative care settings.24 It recommended that the Government introduce legislation as a matter of urgency, to prohibit all corporal punishment of children in the family home and all other settings.25 The University of Oklahoma College of Law International Human Rights Clinic (UOCLIHRC) recommended banning corporal punishment in schools to become compliant with Article 19 of the Convention on the Rights of the Child.26

19. UOCLIHRC recommended that Guyana modernize, expand the availability of teachers, and provide bilingual education in indigenous schools.44 UOCLIHRC also recommended that cultural and language education be provided for health care workers and teachers in the interior.45

Accepted and Rejected Recommendations

The following recommendations were accepted by Guyana:

68. A - 1. Consider ratifying the Optional Protocol to CEDAW and the Optional Protocols to CRC (Brazil);

A - 2. Sign and ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the two Optional Protocols to the Convention on the Rights of the Child (Spain);

A - 3. Sign the Optional Protocol to CEDAW and the Optional Protocols to CRC (Argentina);

A - 4. Accede to the Optional Protocols to the Convention on the Rights of the Child (Slovenia);

A - 5. Ratify the Optional Protocols to CRC (Slovakia);

A - 6. Ratify the remaining international human rights instruments, in particular the two Optional Protocols to the Convention on the Rights of the Child (Chile);

A - 7. Sign, ratify or accede to, as appropriate, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Uruguay);

A - 8. Take further steps in advancing the protection of women and children, by ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women as well as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Maldives)

A - 10. Continue to review and bring into line its domestic legal framework with international human rights norms to which Guyana is a party, in particular to make progress towards nondiscrimination against minorities, indigenous peoples, women and children (Nicaragua);

A - 16. Continue undertaking efforts to address the issue of violence against children and particularly, with regard to sexual exploitation against girls (Algeria);

69. A - 7. Develop a national strategy for human rights education in the school system in accordance with the Plan of Action of the World Programme, which outlines a process, including an assessment of the current situation as well as the development of a national strategy, with the full participation of all relevant stakeholders (Italy);

A - 10. Implement necessary policies and programmes to address the issues of ill treatment of children, including sexual abuse, and child prostitution (Slovakia);

A - 12. Put emphasis on the rights of women and children, and continue to work to eliminate sexual violence under the "Stamp it Out" policy and implement it in a comprehensive manner (Libyan Arab Jamahiriya);

A - 13. Ensure separation of juvenile prisoners from adult inmates (Slovakia);

A - 15. Ensure the effective enforcement of laws against trafficking in persons and child prostitution through more effective training of police forces and judicial organs in order to promote better protection for victims (Uruguay);

A - 16. Intensify efforts against sexual abuse and child pornography, with more awareness campaigns about the punitive character of these crimes, particularly in rural areas (Spain);

A - 17. Disseminate information concerning trafficking and sexual exploitation throughout rural areas with an emphasis on boy and girl children and adolescents, with a view to prevention (Uruguay);

No recommendations were rejected by Guyana

The following recommendations are pending by Guyana:

70. P - 36. Implement legislative measures to prohibit all forms of corporal punishment against minors (Spain);

P - 37. Adopt a law prohibiting corporal punishment against children in all spheres (Uruguay);

P - 38. Expressly prohibit in law corporal punishment in the family, schools and other institutions (Chile);

P - 39. Prohibit corporal punishment, especially in schools, in accordance with article 19 of the Convention on the Rights of the Child (Slovenia);

P - 42. Take all necessary measures to guarantee that the mandatory limits for pre-trial detention are respected in practice, and seek international assistance to address the issue of corporal punishment as well as the one of street children (Germany);

P - 43. Raise the minimum age of criminal responsibility to an acceptable level, in compliance with international standards (Slovakia)