Advanced Search

(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) 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)

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

(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)