GUYANA
Cooperative Republic of Guyana
Cooperative Republic of Guyana
Joined United Nations:  20 September 1966
Human Rights as assured by their constitution
Updated 09 October 2012
CHAPTER II
PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM
 

9.  Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this
Constitution.

10.  The right to form political parties and their freedom of action are guaranteed. Political parties must respect the principles of national
sovereignty and of democracy.

*11.  Co-operatives, trade unions and all socio-economic organisations of a national character are entitled to participate in the various
management and decision making processes of the States and particularly in the political, economic, social and cultural sectors of national
life.  
Validation –– Act No. 1 of 1988  

*6.  Any written law passed or made on or after 6th October, 1980 and before the date on which the Bill for this Act received the assent
of the President, and anything done, or any action taken, under any such written law shall be deemed to be void, or ever to have been
void, only on the ground that any consultation, or any participation in any management or decision making process, pursuant to article 11
or any other provision of Chapter II of Part 1 of the Constitution, has not taken place, and every such written law shall, subject to the
provisions of Title 1 of Part 2 of the Constitution and to the power of the Parliament to repeal or amend it, continue in force:   
Provided that this section shall not be deemed to validate section 28C inserted in the Labour Act of the Labour (Amendment) Act 1984 or
section 7 of the latter Act.

12.  Local government by freely elected representatives of the people is an integral part of the democratic organisation of the State.

13.  The principle objective of the political system of the State is to extend socialist democracy by providing increasing opportunities for
the participation of citizens in the management and decision making processes of the State.

14.  The supreme goal of the economic system which is being established in the State is the fullest possible satisfaction of the people's
growing material, cultural and intellectual requirements, as well as the development of their personality and their socialist relations in
society.

15. (1) In order to achieve economic independence as the imperative concomitant of its political independence, the State will revolutionize
the national economy.
(2) The national economy of the State will be based upon the social ownership of the means of production and the eventual abolition of
internal arrangements and relationships which perm it the exploitation of man by man.
(3) The economy will develop in accordance with the economic laws of socialism on the foundation of socialist relations of production
and development of the production forces.
(4) National economic planning shall be the basic principle of the development and management of the economy. It shall provide for the
widest possible participation of the people and their socio-economic organs at enterprise, community, regional and national levels, and
shall also provide continuous opportunity for the working people to exercise initiative and to develop a spirit of creativity and innovation.

16.  Co-operativism in practice shall be the dynamic principle of socialist transformation and shall pervade and inform all interrelationships
in the society. Co-operativism is rooted in the historical experience of the people, is based on self-reliance, is capable of releasing the
productive energies of the people, and is a unifying principle in the total development of the nation.

17.  The existence of privately owned economic enterprises is recognized. Such enterprises must satisfy social needs and operate within
the regulatory framework of national policy and the law.

18.  Land is for social use and must go to the tiller.

19.  Every citizen has the right to own personal property which includes such assets as dwelling houses and the land on which they stand,
farmsteads, tools and equipment, motor vehicles and bank accounts.

20.  The right of inheritance is guaranteed.

21.  The source of the growth of social wealth and of the well-being of the people, and of each individual, is the labour of the people.

22. (1) Every citizen has the right to work and its free selection in accordance with social requirements and personal qualifications. He has
the right to be reward ed according to the nature, quality and quantity of his work. Women and men have the right to equal pay for equal
work.
(2) Socially useful activity is an honourable duty of every citizen able to work. The right to work implies a corresponding duty to work.
(3) The right to work is guaranteed ––
(i) by social ownership of the means of production, distribution and exchange;
(ii) by socialist planning, development and management of the economy;
(iii) by planned and progressive growth of the socialist productive forces and labour productivity;
(iv) by consistent implementation of scientific principles and new and productive forces and labour productivity;
(v) by continuous education and training of citizens;
(vi) by socialist labour laws; and
(vii) by sustained efforts on the part of the State, co-operatives, trade unions and other socio-economic organisations and the people
working together to develop the economy in accordance with the foregoing principles in order to increase continuously the country's
material wealth, expand employment opportunities, improve working conditions and progressively increase amenities and benefits.

23.  Every citizen has the right to rest, recreation and leisure. The State in co-operation with co-operatives, trade unions and other socio-
economic organisations will guarantee this right by prescribing hours and conditions of work and by establishing holiday arrangements for
workers, including a complex of cultural, educational and health institutions.

24.  Every citizen has the right to free medical attention and also to social care in case of old age and disability.

25.  Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.

26.  Every citizen has the fight to proper housing accommodation.

27.  Every citizen has the right to a free education from nursery to university as well as at non-formal laces share opportunities are
provided for education and training.

28.  Every young person has the right to ideological, social, cultural and vocational development and to the right of the socialist order of
society.

29. (1) Women and men have equal rights and the same legal status in all spheres of political, economic and social life. All forms of
discrimination against women on the basis of their sex is illegal.
(2) The exercise of women's rights is ensured by according women access with men to academic, vocational and professional training,
equal opportunities in employment, remuneration and promotion, and in social, political and cultural activity, by special labour and health
protections measures for women, by providing conditions enabling mothers to work, and by legal protection and material and moral
support for mothers and children, including paid leave and other benefits for mothers and expectant mothers.

30.  Children born out of wedlock are entitled to the same legal rights and legal status as are enjoyed by children born in wedlock. All
forms of discrimination against children on the basis of their being born out of wedlock are illegal.

31.  It is the duty of the State to protect the just rights and interests of citizens abroad.

32.  It is the joint duty of the State, the society and every citizen to combat and prevent crime and other violations of the law and to take
care of and protect public property .

33.  It is the duty of every citizen to defend the State.

34.  It is the duty of the State to enhance the cohesiveness of the society by eliminating discriminatory distinctions between classes,
between town and country, and between mental and physical labour.

35.  The State honours and respects the diverse cultural strains which enrich the society and will seek constantly to promote national
appreciation of them at all levels and to develop out of them a socialist national culture for Guyana.

36.  In the interests of the present and future generations, the State will protect and make rational use of its land, mineral and water
resources, as well as its fauna and flora, and will take all appropriate measures to conserve and improve the environment.

37.  The State supports the legitimate aspirations of other peoples for freedom and independence and will establish relations with all states
on the basis of sovereign equality, mutual respect, inviolability of frontiers, territorial integrity of states, peaceful settlement of disputes,
non-intervention in internal affairs, respect for human rights and fundamental freedoms, and co-operation among States.

38.  It is the duty of the State, co-operatives, trade unions and other socio-economic organisations and the people through sustained and
disciplined endeavors to achieve the highest possible levels of production and productivity and to develop the economy in order to ensure
the realization of the rights set out in this Chapter.
Amended by Act No. 1 of 1988 by insertion of the Article as follows:

39.  Parliament may by law provide that any provision of this Chapter shall be enforceable in any court or tribunal and only where, and to
the extent to which, such law provides for the enforcement of any such provision, and not otherwise, shall that provision be enforceable
in any court or tribunal.


CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL  

40. (1) Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance
and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of
origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to
each and all of the following, namely ––
(a) life, liberty, security of the person and the protection of the law.
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation.
(2) The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and
freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to
ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others in the
public interest.

CHAPTER IV
CITIZENSHIP  

41.  Every person who, immediately before the commencement of this Constitution, is a citizen of Guyana shall continue to be a citizen of
Guyana.

42. (1) Every person who, immediately before the commencement of this Constitution, is or has been married to a person ––
(a) who continues to be a citizen of Guyana by virtue of the preceding article; or
(b) who, having died before the commencement of this Constitution, would, but for his or her death, have continued to be a citizen of
Guyana on that date by virtue of that article, shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath
of allegiance, to be registered as a citizen of Guyana:  
Provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be
prescribed in the interests of national security or public policy.
(2) Any application for registration under this article shall be made in such manner as may be prescribed.

43.  Every person born in Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his birth:  
Provided that a person shall not become a citizen of Guyana by virtue of this article if at the time of his birth ––
(a) his father or his mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power
accredited to Guyana and neither of them is a citizen of Guyana; or
(b) his father or his mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.

44.  A person born outside Guyana after the commencement of the Constitution shall become a citizen of Guyana at the date of his birth if
at the date his father or his mother is a citizen of Guyana otherwise that by virtue of this article.

45.  Any person who, after the commencement of this Constitution, marries a person who is or becomes a citizen of Guyana shall be
entitled, upon making an application in such manner and taking such oath of allegiance as may be prescribed, to be registered as a citizen
of Guyana:  
Provided that the right to be registered as a citizen of Guyana under this article shall be subject to such exceptions or qualifications as may
be prescribed in the interests of national security or public policy.

46. (1) If the President is satisfied that any citizen of Guyana has at any time after 25th May, 1966 acquired by registration, naturalisation
or other voluntary and formal act (other than marriage) the citizenship of any country other that Guyana, the President may by order
deprive that person of his citizenship.
(2) If the President is satisfied that any citizen of Guyana has at any time after the 25th May, 1966, voluntarily claimed and exercised in a
country other that Guyana any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the
President may by order deprive that person of his citizenship.

47. (1) Every person who under this Constitution or any Act of Parliament is a citizen of Guyana or under any enactment for the time
being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.
(2) Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under
section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a
Commonwealth citizen.
(3) The countries to which this article applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica,
Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand and
Island Territories and self-governing Countries in free Association with New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra
Leone, Singapore, Solomon Islands, Sri Lanka, St. Lucia, St. Vincent, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu,
Uganda, United Kingdom and Colonies, Western Samoa and Zambia.
(4) The President may from time to time by order subject to affirmative resolution of the National Assembly amend paragraph (3) by
adding any country thereto or by deleting any country therefrom.

48.  Parliament may make provision ––
(a) for the acquisition of citizenship of Guyana by persons who do not become citizens of Guyana by virtue of the provisions of this
Chapter;
(b) for depriving of his citizenship of Guyana any person who is a citizen of Guyana otherwise than by virtue of article 41 (in so far as it
relates to persons who became citizens of Guyana by virtue of articles 21, 23 and 24 of the Constitution of Guyana annexed to the
Guyana Independence Order), 43 or 44; or.
(c) for the renunciation by any person of his citizenship of Guyana.

49. (1) In this chapter "prescribed" means prescribed by or under any Act of Parliament.
(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the
government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may
be, in that country.
(3) Any reference in this Chapter to the national status of the father or mother of a person at the time of that person's birth shall in relation
to a person born after the death of either parent, be construed as a reference to the national status of the deceased parent at the time of
that parent's death; and where that death occurred before the date of commencement of this Constitution, and the birth occurred on or
after that date, the national status which that parent would have had if he or she had died on that date, shall be deemed to be his or her
national status at the time of death.
After over 200 years of changing hands between the British and Dutch, the area now known
as Guyana was ceded to the United Kingdom as part of the Anglo-Dutch Treaty of 1814 and
the Congress of Vienna of 1815. The first Constitution was adopted in 1950 but suspended
by the British on 9 October 1953 when it accused the local government of attempting to
establish a communist state. Self rule was achieved on 26 August 1961 but tensions
between the Indian minority and Afro-Guyana majority led to riots and calls for
independence. It achieved independence from the United Kingdom on 26 May 1966 and
formally changed its name to the Cooperative Republic of Guyana with a new constitution 23
February 1970.  The current constitution was adopted on 20 February 1980 and was
extensively reformed in 1996.  Human rights are enumerated beginning with CHAPTER II-
PRINCIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM and have
been amended to conform with  the 1948 Universal Declaration of Human Rights of which
Guyana is a signatory.  The following are those amendments specifically pertaining to
human rights.  For a full English version of the Guyana Constitution, click
here.
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