Hughes files court action against Attorney General and Opposition Leader seeking establishment of Human Rights Commission

Last Thursday, December 7, 2023  Alliance for Change Chair and Member of the Parliament Catherine “Cathy” Hughes has commenced constitutional proceedings against Guyana’s Attorney General  and Minister of Legal Affairs Anil Nandlall S.C and Leader of the Opposition Aubrey Norton seeking orders to have the Human Rights Commission established as provided for in Article 212 of the Constitution of the Co-operative Republic of Guyana. These proceedings have been set down for the 27^th January 2024 before acting Chief Justice Roxane George-Wiltshire S.C

Hughes, represented by Hughes, Fields & Stoby Law Firm,  in an affidavit, among other things declared she is a citizen of Guyana, female, African and a member of the National Assembly, entitled to the rights and protections set out in the Constitution inclusive of but limited to the Protection of the Fundamental Rights and Freedoms of the Individual as set out in Part 2 Title 1 and Protection of Human Rights as set out in Article 154 A Constitution.

The case which has to do with Vice President Bharrat Jagdeo referring to Hughes as a “low life,” Hughes in her declaration stated Jagdeo as Vice President speaks on behalf of the Government of Guyana in relation to Government’s policies, positions and actions on matters of national significance and affairs.

Further, in his capacity as Vice President,  he hosts from time to time press conferences at which announcements are made about Government’s policies, positions and actions.

On Thursday the 23^rd November 2023 Jagdeo in his official capacity at a press conference referred to Hughes as a “low life.” The statement is seen as an official statement of the position of the Government in Hughes’ status as an African female member of the National Assembly, constituted as an official statement of Government’s position on her status in the aforementioned capacity and consequently as deserving of treatment less equal to that of persons who were not African, female and members of the National Assembly as guaranteed by Article 149 D of the Constitution of Guyana.

Hughes further declared Jagdeo’s statement constituted a statement of government’s policy that in the aforesaid capacity was not entitled equal rights and status with men in the sphere of political and social life as guaranteed by the Constitution; the statement has caused her psychological harm, to feel discriminated against both on the basis of her sex and race.race.

The Human Rights Commission, according to the Guyana Constitution is “shall promote the observance of and respect for, and protect and investigate violations of the rights recognised by this Constitution and any other law relating to equality of opportunity and treatment (hereinafter referred to as‚ the rights‛)” There is presently no such functioning commission.

Under the Constitution the Chairperson is appointed from a list of six names of acceptable persons submitted to the President by the Leader of the Opposition after meaningful consultation with such entities as appear to have expertise or experience in human rights matters.  Since the Commission was enshrined in law it was never established.