Guyana

WE, THE GUYANESE PEOPLE,
… proclaim this Constitution in order to:
…
Forge a system of governance that promotes concerted effort and broad-based participation in national decision-making in order to develop a viable economy and a harmonious community based on democratic values, social justice, fundamental human rights, and the rule of law;
… (Preamble)

(1) It is the duty of Parliament, the Government, the courts and all other public agencies to be guided in the discharge of their functions by the principles set out in this Chapter³ and Parliament may provide for any of those principles to be enforceable in any court or tribunal.
… (Art. 39)

(1) Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, ignorance and want. That right includes the fundamental rights and freedoms of the individual.
… (Art. 40)

(1) Subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature judiciary and all organs and agencies of Government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed.
(2) The rights referred to in paragraph (1) do not include any fundamental right under this Constitution.
(3) The State shall, having regard to the socio-cultural level of development of the society, take reasonable legislative and other measures within its available resources to achieve the progressive realisation of the rights provided for in paragraph (1).
(4) If any person alleges that any of the rights referred to in paragraph (1), has been, is being or is about to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Human Rights Commission in such manner as the Commission may prescribe, for redress.
(5) Nothing contained in this article shall be construed so as to abrogate any human right, not enumerated herein, which a person had at the time of the commencement of this Article.
(6) The State may divest itself or otherwise limit the extent of its obligation under any of the treaties listed in the Fourth Schedule, provided that two thirds of the elected members of the National Assembly have voted in favour of such divestment or limitation. (Art. 154A)

Convention on the Rights of the Child.
Convention on the Elimination of All Forms of Discrimination against Women.
Convention on the Elimination of All Forms of Racial Discrimination.
Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment.
Covenant on Economic, Social and Cultural Rights.
Covenant on Civil and Political Rights.
Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. (Fourth Schedule, Conventions)

(1) Subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature judiciary and all organs and agencies of Government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed.
… (Art. 154A)

(1) It is the duty of Parliament, the Government, the courts and all other public agencies to be guided in the discharge of their functions by the principles set out in this Chapter⁴ and Parliament may provide for any of those principles to be enforceable in any court or tribunal.
(2) In the interpretation of the fundamental rights provisions in this Constitution a court shall pay due regard to international law, international conventions, covenants and charters bearing on human rights. (Art. 39)

(1) An appeal to the Court of Appeal shall lie as of right from decisions of the High Court in the following cases, that is to say -
…
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which relates to the enforcement of fundamental rights and freedoms).
… (Art. 133)

(1) Subject to the provisions of paragraph (6), if any person, including a person acting on behalf of another who is not acting in his or her own name, or a person acting on behalf of a group or an association acting on behalf of its members, alleges that any of the provisions of articles 138 to 151 (inclusive)⁵ has been, is being, or is likely to be contravened in relation to him or her (or in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person or association (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction -
(a) to hear and determine any application made by any person in pursuance of the preceding paragraph;
(b) to determine any question arising in the case of any person which is referred to it in pursuance of the next following paragraph,
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of article 138 to 151 (inclusive).
(3) If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of articles 138 to 151 (inclusive), the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of paragraph (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or if that decision is the subject of an appeal under this Constitution to the Court of Appeal, in accordance with the decision of the Court of Appeal.
(5) Parliament may confer upon the High Court such powers in addition to those conferred by this article as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this article.
(6) Parliament may make provision with respect to the practice and procedure -
(a) of the High Court in relation to the jurisdiction and powers conferred upon it by or under this article;
(b) of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction;
(c) of subordinate courts in relation to references to the High Court under paragraph (3),
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court. (Art. 153)

(1) Subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature judiciary and all organs and agencies of Government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed.
… (Art. 154A)

(1) There shall be an Ombudsman for Guyana.
(2) All matters relating to the appointment and functions of the Ombudsman and other matters connected therewith are regulated by articles 191 to 196 (inclusive). (Art. 122)

(1) Subject to paragraphs (3) and (6), every person, as contemplated by the respective international treaties set out in the Fourth Schedule to which Guyana has acceded is entitled to the human rights enshrined in the said international treaties, and such rights shall be respected and upheld by the executive, legislature judiciary and all organs and agencies of Government and, where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed.
…
(4) If any person alleges that any of the rights referred to in paragraph (1), has been, is being or is about to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Human Rights Commission in such manner as the Commission may prescribe, for redress.
… (Art. 154A)

(1) The Ombudsman shall be appointed by the President acting after consultation with the Minority Leader.
… (Art. 191)

(1) Subject to the provisions of this article, the Ombudsman may investigate any action taken by any department of Government or by any other authority to which this article applies, or by the President, Ministers, officers or members of such a department or authority, being action taken in exercise of the administrative functions of that department or authority.
(2) The Ombudsman may investigate any such action as aforesaid in any of the following circumstances, that is to say -
(a) if a complaint in respect of the action is duly made to the Ombudsman by any person or body or persons, whether incorporated or not alleging that the complainant has sustained injustice in consequence of a fault in administration;
(b) if the President, a Minister or a member of the National Assembly requests the Ombudsman to investigate the action on the ground that a person or body of persons specified in the request has or may have sustained such injustice;
(c) in any other circumstances in which the Ombudsman considers that he ought to investigate the action on the ground that some person or body of persons has or may have sustained such injustice.
(3) The Ombudsman shall not investigate under this Subtitle -
(a) any action in respect of which the complainant has or had -
(i) a remedy by way of proceedings in a court; or
(ii) a right of appeal, reference or review to or before an independent and impartial tribunal other than a court; or
(b) any such action, or action taken with respect to any such matter, as is excluded from investigation under article 193:
Provided that the Ombudsman -
(i) may conduct an investigation notwithstanding that the complainant has or had a remedy by way of proceedings in a court if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings;
(ii) shall not in any case be precluded from conducting an investigation in respect of any matter by reason only that it is open to the complainant to apply to the High Court for redress under article 153(1) (which relates to redress for contraventions of provisions for the protection of fundamental rights and freedoms).
… (Art. 192)

(1) The Human Rights Commission shall promote the observance of and respect for, and protect and investigate violations of the rights recognized by this Constitution and any other law relating to equality of opportunity and treatment (hereinafter referred to as “the rights”).
(2) The Human Rights Commission shall consist of a full time Chairperson and such other members, to be appointed in accordance with this article.
(3) The Chairperson of the Human Rights Commission shall be a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court or who is qualified to be appointed as any such judge, or any other fit and proper person with expertise or experience in human rights matters, to be appointed by the President from a list, not unacceptable to the President, of six person submitted by the Leader of the Opposition after meaningful consultation with such entities as appear to him or her to have expertise or experience in human rights matters
...
(4) In addition to the Chairperson, there shall be four members of the Commission who shall be Chairpersons of the Ethnic Relations Commission, Women and Gender Equality Commission, Indigenous People’s Commission and Rights of the Child Commission.
… (Art. 212N)

(1) The functions of the Human Rights Commission are to –
(a) monitor the observance of the international instruments to which the Government accedes from time to time, including those already acceded to and specified in the Fourth Schedule;
(b) monitor and assess compliance with the rights and report the need for any amendment of the law relating thereto to the National Assembly;
(c) educate the public regarding the nature and content of the rights;
(d) make recommendations to any person or any entity, including a ministry or government department, relating to matters affecting compliance with and adoption of measures for the promotion of the rights;
(e) carry out or cause to be carried out research and studies concerning the observance of the rights and report the findings and recommendations thereon to the National Assembly;
(f) monitor and review all existing and proposed legislation, policies and measures for compliance with the rights and report the need for any amendment to any legislation to the National Assembly;
(g) investigate complaints of, or initiate investigations into, violations of the rights;
(h) resolve disputes or rectify acts or omissions by mediation, conciliation or negotiation;
(i) liaise with governmental and nongovernmental organisations, and other relevant bodies to address the complaints and concerns of persons regarding matters under its purview;
(j) take appropriate action on behalf of persons whose rights have been, are being or are likely to be violated;
(k) enlist the aid of such persons as may be necessary to give expert advice in order to facilitate its functions;
(l) establish as part of its Secretariat, such units as are necessary for, inter alia, the purpose of monitoring compliance with the laws relating to the rights, and for educating employers in the public and private sector and the general public on desirable employment practices;
(m) prepare and submit reports to the National Assembly pertaining to any convention, covenant or charter relating to the objects of the Commission; and
(n) do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the Commission.
(2) If any person alleges that any of the rights has been, is being or is likely to be contravened in relation to him or her, then, without prejudice to any other action which is lawfully available to him or her, with respect to the same matter, the Commission shall have the power to institute legal action on behalf of the complainant for redress. (Art. 212O)