| 138. |
(1) |
No
person shall be deprived of his life intentionally save in
execution of the sentence of a court in respect of an offense
under the law of Guyana of which he has been convicted. |
Protection
of right to life. |
| |
(2) |
Without
prejudice to any liability for a contravention of any other
law with respect to the use of force in such cases as are
hereinafter mentioned, a person shall not be regarded as having
been deprived of his life in contravention of this article
if he dies as the result of the use of force to such extent
as is reasonably justifiable in the circumstances of the case
– |
| |
|
(a) |
for
the defense of any person from violence or for the defense
of property; |
| |
|
(b) |
in
order to effect a lawful arrest or to prevent the escape of
a person lawfully detained; |
| |
|
(c) |
for
the purpose of suppressing a riot, insurrection or mutiny;
or |
| |
|
(d) |
in
order to prevent the commission by that person of a criminal
offense, |
| |
|
or
if he dies as the result of a lawful act of war. |
| 139. |
(1) |
No
person shall be deprived of his personal liberty save as may
be authorised by law in any of the following cases, that is
to say – |
Protection
of right to personal liberty. |
| |
|
(a) |
in
execution of the sentence or order of a court, whether established
for Guyana or some other country, in respect of a criminal
offense of which he has been convicted; |
| |
|
(b) |
in
execution of an order of the High Court of the Court of Appeal
of such other court as may be prescribed by Parliament punishing
him for contempt of any such court or of another court or
tribunal; |
| |
|
(c) |
in
execution of the order of a court made to secure the fulfillment
of any obligation imposed on him by law; |
| |
|
(d) |
for
the purpose of bringing him before a court in execution of
the order of a court; |
| |
|
(e) |
upon
reasonable suspicion of his having committed, or being about
to commit, a criminal offense under the law of Guyana; |
| |
|
(f) |
in
the case of a person who has not attained the age of eighteen
years, under the order of a court or with the consent of his
parent or guardian, for the purpose of his education or welfare; |
| |
|
(g) |
for
the purpose of preventing the spread of an infectious or contagious
disease; |
| |
|
(h) |
in
the case of a person who is, or is reasonably suspected to
be, or unsound mind, addicted to drugs or alcohol, or a vagrant,
for the purpose of his care or treatment or the protection
of the community; |
| |
|
(i) |
for
the purpose of preventing the unlawful entry of that person
into Guyana, or for the purpose of effecting expulsion, extradition
or other lawful removal of that person from Guyana or for
the purpose of restricting that person while he is being conveyed
through Guyana in the course of his extradition or removal
as a convicted prisoner from one country to another; |
| |
|
(j) |
to
such extent as may be necessary in the execution of a lawful
order requiring that person to remain within a specified area
within Guyana or prohibiting him from being within such an
area, or to such extent as may be reasonably justifiable for
the taking of proceedings against that person with a view
to the making of any such order or relating to such an order
after it has been made or to such extent as may be reasonably
justifiable for restraining that person during any visit that
he is permitted to make to any part of Guyana in which, in
consequence of any such order, his presence would otherwise
be unlawful; |
| |
|
(k) |
subject
to the provisions of the next following paragraph, for the
purposes of his preventive detention; |
| |
|
(l) |
for
the purpose of his being called up for national service. |
| |
(2) |
(a) |
No
law providing for preventive detention shall authorise the
detention of a person for a longer period than three months
unless a tribunal established for the purposes of this paragraph
has reported before the expiration of the said period of three
months that there is, in its opinion, sufficient cause for
such detention. |
| |
|
(b) |
The
references in subparagraph (a) to a period of three months
include references to any lesser period that amount in the
aggregate to three months:
Provided that no two such lesser
periods shall be aggregated for this purpose if the period
between the expiration of the first and the commencement
of the second is more than one month.
|
| |
|
(c) |
A
person who has been detained by virtue of the provisions of
any law providing for preventive detention and who has been
released from detention in consequence of a report of a tribunal
established for the purposes of this paragraph that there
is, in its opinion, insufficient cause for his detention shall
not be again detained by virtue of such provisions within
the period of six months from his release on the same grounds
as he was originally detained. |
| |
|
(d) |
For
the purposes of subparagraph (c) a person shall be deemed
to have been detained on the same grounds as he was originally
detained unless a tribunal established as aforesaid has reported
that, in its opinion, there appears prima facie, to be new
and reasonable grounds for the detention and the giving of
any such report shall be without prejudice to the provisions
of subparagraph (a). |
| |
|
(e) |
A
tribunal established for the purposes of this paragraph shall
be established by law and shall consist of persons who are
Judges of the Supreme Court of Judicature or who are qualified
to be appointed as Puisne Judges of the High Court. |
| |
(3) |
Any
person who is arrested or detained shall be informed as soon
as reasonably practicable, in a language that he understands,
of the reasons for his arrest of detention and shall be permitted,
at his own expense, to retain and instruct without delay a
legal adviser of his own choice, being a person entitled to
practice in Guyana as an attorney-at-law, and to hold communication
with him. |
| |
(4) |
any
person who is arrested or detained – |
| |
|
(a) |
for
the purpose of bringing him before a court in execution of
the order of the court; or |
| |
|
(b) |
upon
reasonable suspicion of his having committed or being about
to commit a criminal offense and who is not released, shall
be brought before a court as soon as is reasonably practicable;
and if any person arrested or detained upon reasonable suspicion
of his having committed or being about to commit a criminal
offense is not tried within a reasonable time, thin, without
prejudice to any further proceedings which may be brought
against him, he shall be released either unconditionally or
upon reasonable conditions, including in particular such conditions
as are reasonably necessary to ensure that he appears at a
later date for trial or for proceedings preliminary to trial. |
| |
(5) |
Any
person who is unlawfully arrested or detained by any other
person shall be entitled to compensation therefor from that
other person. |
| |
(6) |
Nothing
in the provisions of paragraphs (3) and (4) shall apply to
any person arrested or detained by virtue of the provisions
of any law providing for preventive detention except in so
far as the provisions of the said paragraph (3) require that
he shall be permitted to retain and instruct a legal adviser
and to hold communication with him. |
| 140. |
(1) |
No
person shall be held in slavery or servitude. |
Protection
from slavery and forced labour. |
| |
(2) |
No
person shall be required to perform forced labour. |
| |
(3) |
For
the purposes of this article, the expression "forced labour"
does not include – |
| |
|
(a) |
any
labour required in consequence of the sentence or order of
a court; |
| |
|
(b) |
any
labour required of any person while he is lawfully detained
that, though not required in consequence of the sentence or
order of a court, is reasonably necessary in the interests
of hygiene or for the maintenance of the place at which he
is detained; |
| |
|
(c) |
any
labour required of a member of a disciplined force in pursuance
of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval,
military or air force, any labour that person is required
by law to perform in place of such service; or |
| |
|
(d) |
any
labour required during any period when Guyana is at war or
in the event of any hurricane, earthquake, flood, fire or
other like calamity that threatens the life or well-being
of the community to the extent that the requiring of such
labour is reasonably justifiable, in the circumstances of
any situation arising or existing during that period or as
a result of that calamity, for the purpose of dealing with
that situation. |
| 141. |
(1) |
No
person shall be subjected to torture or to inhuman or degrading
punishment or other treatment. |
Protection
from inhumane treatment. |
| |
(2) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question authorises
the infliction of any punishment of the administration of
any treatment that was lawful in Guyana immediately before
the commencement of this Constitution. |
| |
|
Amended
by Act No. 9 of 1984. |
9
of 1984. |
| 142. |
(1) |
No
property of any description shall be compulsory taken possession
of, and no interest in or right over property of any description
shall be compulsory acquired, except by or under the authority
of a written law – |
Protection
from deprivation of property. |
| |
|
Amended
by Act No. 1 of 1988. |
1
of 1988. |
| |
|
(a) |
providing
for compensation for the property or any interest in or right
over property so possessed or acquired and specifing the principles
on which the compensation is to be determined and given; and |
| |
|
Amended
by Act No. 23 of 1990. |
23
of 1990. |
| |
|
(b) |
giving
to any person claiming such compensation a right of access,
either directly or by way of appeal, for the determination
of his interest in or right over the property and the amount
of compensation, to the High Court |
| |
(2) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of the
preceding paragraph – |
| |
|
(a) |
to
the extent that the law in question makes provision for the
taking of possession or acquisition of any property
– |
| |
|
|
(i) |
in satisfaction
of any tax, duty, rate, cess or other impost; |
| |
|
|
(ii) |
by way
of penalty for breach of the law, whether under civil process
or after conviction of a criminal offense under the law of
Guyana; |
| |
|
|
(iii) |
as an
incident of a lease, tenancy, mortgage, charge, bill of sale,
pledge, contract, grant, permission or license; |
| |
|
|
(iv) |
in the
execution of judgments or orders of a court in proceedings
for the determination of civil rights or obligations; |
| |
|
|
(v) |
in circumstances
where it is reasonably necessary so to do because the property
is in a dangerous state or injurious to the health of human
beings, animals or plants; |
| |
|
|
(vi) |
in consequence
of any law with respect to the limitations of actions; |
| |
|
|
(vii) |
for so
long only as may be necessary for the purposes of any examination,
investigation, trial or inquiry or, in the case of land, for
the purposes of the carrying out thereon of work of social
conservation or the conservation of other natural resources
or work relating to agricultural development or improvement; |
| |
|
|
(viii) |
which
is not beneficially occupied or which, if it is beneficially
occupied or which, if it is beneficially occupied, is not
so occupied by the holder of the title to the land or by any
member of his family; or |
| |
|
|
(ix) |
in consequence
of any law requiring an employer to remunerate his employee
during any period of compulsory national service which the
employee has undertaken; or |
| |
|
(b) |
to
the extent that the law in question makes provision for the
taking of possession or acquisition of – |
| |
|
|
(i) |
property
of the Amerindians of Guyana for the purpose of its care,
protection and management or any right, title or interest
held by any person in or over any lands situated in an Amerindian
District, Area or Village established under the Amerindian
Act for the purpose of effecting the termination or transfer
thereof for the benefit of an Amerindian community; |
Cap 29:01
|
| |
|
|
(ii) |
Enemy
property; |
| |
|
|
(iii) |
property
of a deceased person, a person of unsound mind or a person
who has not attained the age of eighteen years, for the purpose
of its administration for the benefit of the persons entitled
to the beneficial interest therein; |
| |
|
|
(iv) |
property
of a person adjudged insolvent of a body corporate in liquidation,
for the purpose of its administration for the benefit of the
creditors of the insolent person or body corporate and, subject
thereto, for the benefit of other persons entitled to the
beneficial interest in the property; |
| |
|
|
(v) |
property
subject to a trust, for the purpose of vesting the property
in persons appointed as trustees under the instrument creating
the trust of by a court or, by order of a court for the purpose
of giving effect to the trust; or |
| |
|
|
(vi) |
property
to be used by the State for the purpose of providing, maintaining
and managing any place of education, where the property was
being used as a place of education at any time during 1976
and prior to the coming into operation of the law in question. |
| |
(3) |
Nothing
in this article shall be construed as affecting the making
or operation of any law – |
| |
|
|
(i) |
so far
as it provides for the orderly marketing or production or
growth or extraction of any agricultural product or mineral
or any article or thing prepared for market or manufactured
therefor or for the reasonable restriction of the use of any
property in the interest of safeguarding the interests of
others of the protection of tenants, licenses or others having
rights in or over such property; |
| |
|
|
(ii) |
so far
as it provides for the making of contributions compulsory
by workers to any industrial scheme or workers' organisation
intended to work or provide for the benefit or welfare of
such workers or of their fellow workers or of any relatives
and dependents of any of them; or |
| |
|
|
(iii) |
for the
compulsory taking of possession in the public interest of
any property of the compulsory acquisition in the public interest
of any interest in or fight over property, where that property,
interest or right is held by a body corporate established
directly by law for public purposes in which moneys provided
by Parliament of by any Legislature previously established
for the territory of Guyana have been invested. |
| 143. |
(1) |
Except
with his own consent, no person shall be subjected to the
search of his person or his property or the entry by others
on his premises. |
Protection against
arbitrary search and entry. |
| |
(2) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision
– |
| |
|
(a) |
that
is reasonably required in the interests of defense, public
safety, public order, public morality, public health, town
or country planning, the development or utilisation of any
other property in such manner as to promote the public benefit; |
| |
|
(b) |
that
is reasonably required for the purpose of protecting the rights
or freedoms of other persons; |
| |
|
(c) |
that
authorises an officer of agent of the Government of Guyana,
or of a local democratic organ or of a body corporate established
directly by law for public purposes to enter on the premises
of any person in order to inspect those premises or anything
thereon for the purpose of any tax, duty, rate, cess or other
impost or in order to carry out work connected with any property
that is lawfully connected with any property that is lawfully
on those premises and that belongs to that Government, local
democratic organ or body corporate, as the case may be, or
for the purpose of obtaining of verifying information required
for compiling national statistics or required for the purposes
of planning, management and development of the national economy;
or |
| |
|
(d) |
that
authorises, for the purpose of enforcing the judgment or order
of a court in any proceedings, the entry upon any premises
by order of a court. |
| 144. |
(1) |
If
any person is charged with a criminal offense, then, unless
the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and impartial
court established by law. |
Provisions to secure protection
of law. |
| |
(2) |
It
shall be the duty of a court to ascertain the truth in every
case provided that every person who is charged with a criminal
offense – |
| |
|
(a) |
shall
be presumed to be innocent until he is proved or has pleaded
guilty; |
| |
|
(b) |
shall
be informed as soon as reasonably practicable, in a language
that he understands and in detail, of the nature of the offense
charged; |
| |
|
(c) |
shall
be given adequate time and facilities for the preparation
of his defence; |
| |
|
(d) |
shall
be permitted to defend himself before the court in person
or by legal representative of his own choice; |
| |
|
(e) |
shall
be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before
the court and to obtain the attendance and carry out the examination
of witnesses to testify on his behalf before the court on
the same conditions as those applying to witnesses called
by the prosecution; and |
| |
|
(f) |
shall
be permitted to have without payment the assistance of an
interpreter if he cannot understand the language used at the
trial of the charge, |
| |
|
and,
except with his consent, the trial shall not take place in
his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable
and the court has ordered him to be removed and the trial
to proceed in his absence or he fails without reasonable excuse
(the proof whereof shall lie on him) to attend court. |
| |
(3) |
When
a person is tried for any criminal offense, the accused person
or any person authorised by him in that behalf shall, if he
so requires and subject to payment of such reasonable fee
as may be prescribed by law, be given within a reasonable
time after judgment a copy for the use of the accused person
of any record of the proceedings made by or on behalf of the
court. |
| |
(4) |
No
person shall be held to be guilty of a criminal offense on
account of any act or omission that did not, at the time it
took place, constitute such an offense, and no penalty shall
be imposed for any criminal offense that is more severe in
degree or nature that the most severe penalty that might have
been imposed for that offense at the time when it was committed. |
| |
(5) |
No
person who shows that he has been tried by a competent court
for a criminal offense and either convicted of acquitted shall
again be tried for that offense or for any other criminal
offense of which he could have been convicted at the trial
for that offense, save upon the order of a superior court
in the course of appeal proceedings relating to the conviction
or acquittal. |
| |
(6) |
No
person shall be tried for a criminal offense if he shows that
he has been granted a pardon for that offense. |
| |
(7) |
No
person who is tried for a criminal offense shall be compelled
to give evidence at the trial. |
| |
(8) |
Any
court of other tribunal prescribed by law for the determination
of the existence or extent of any civil right or obligation
shall be established by law and shall be independent and impartial;
and where proceedings for such a determination are instituted
by any person before such a court or other tribunal, the case
shall be given a fair hearing within a reasonable time. |
| |
(9) |
Except
with the agreement of all the parties thereto, all proceedings
of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before
any other tribunal, including the announcement of the decision
of the court or other tribunal, shall be held in public. |
| |
(10) |
Nothing
in the preceding paragraph shall prevent the court of other
tribunal from excluding from the proceedings persons other
than the parties thereto and their legal representatives to
such extent as the court or other tribunal – |
| |
|
(a) |
may
by law be empowered so to do and may consider necessary or
expedient in circumstances where publicity would prejudice
the interests of justice or in interlocutory proceedings or
in the interests of decency, public morality, the welfare
of persons under the age of eighteen years or the protection
of the private lives of persons concerned in the proceedings;
or |
| |
|
(b) |
may
by law be empowered or required so to do in the interests
of defense, public safety or public order. |
| |
(11) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of
– |
| |
|
(a) |
paragraph
(2)(a) to the extent that the law in question imposes upon
any person charged with a criminal offense the burden of proving
particular facts; |
| |
|
(b) |
paragraph
(2)(e) to the extent that the law in question imposes conditions
that must be satisfied if witnesses called to testify on behalf
of an accused person are to be paid their expenses out of
public funds; or |
| |
|
(c) |
paragraph
(5) to the extent that the law in question authorises a court
to try a member of a disciplined force for a criminal offense
notwithstanding any trial and conviction or acquittal of that
member under the disciplinary law of that force, so, however,
that any court so trying such a member and convicting him
shall, in sentencing him to any punishment, take into account
any punishment awarded him under that disciplinary law. |
| |
(12) |
In
the case of any person who is held in lawful detention, the
provisions of paragraph (1), paragraph (2)(d) and a criminal
offense under the law regulating the discipline of persons
held in such detention. |
| |
(13) |
Nothing
contained in paragraph (2)(d) shall be construed as entitling
a person to legal representation at public expense but, subject
thereto, it shall be the duty of the State to ensure that
every person charged with a criminal offense is given a fair
trial and accordingly to make provision for legal aid to be
given in suitable cases. |
| |
(14) |
In
this article, "criminal offense" means a criminal offense
under the law of Guyana. |
| 145. |
(1) |
Except
with his own consent, no person shall be hindered in the enjoyment
of his of conscience, and for the purposes of this article
the said freedom to change his religion or belief, and freedom,
either alone or in community with others, and both in public
and in private, to manifest and propagate his religion or
belief in worship, teaching, practice and observance. |
Protection of freedom of
conscience. |
| |
(2) |
No
religious community shall be prevented from providing religious
instruction for persons of that community. |
| |
(3) |
Except
with his own consent (or, if he is a person who has not attained
the age of eighteen years, the consent of his guardian), no
person attending any place of education shall be required
to receive religious instruction or to take part in or attend
any religious ceremony or observance if that instruction,
ceremony or observance relates to a religion which is not
his own. |
| |
(4) |
No
person shall be compelled to take any oath which is contrary
to his religion or belief or to take any oath in a manner
which is contrary to his religion or belief. |
| |
(5) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provisions
– |
| |
|
(a) |
which
is reasonably required – |
| |
|
|
(i) |
in the
interests of defense, public safety, public order, public
morality or public health; or |
| |
|
|
(ii) |
for the
purpose of protecting the rights and freedoms of other persons,
including the right to observe and practice any religion without
the unsolicited intervention of members of any other religion;
or |
| |
|
(b) |
with
respect to standards or qualifications to be required in relation
to places of education including any instruction (not being
religious instruction) given at such places. |
| |
(6) |
References
in this article to a religion shall be construed as including
references to a religious denomination, and cognate expressions
shall be construed accordingly. |
| 146. |
(1) |
Except
with his own consent, no person shall be hindered in the enjoyment
of his freedom of expression, that is to say, freedom to hold
opinions without interference, freedom to receive ideas and
information without interference, freedom to communicate ideas
and information without interference and freedom from interference
with his correspondence. |
Protection of freedom of
expression. |
| |
(2) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision
– |
| |
|
(a) |
that
is reasonably required in the interests of defense, public
safety, public order, public morality or public health; |
| |
|
(b) |
that
is reasonably required for the purpose of protecting the reputation,
rights, and freedoms of other persons or the private lives
of persons concerned in legal proceedings, preventing the
disclosure of information received in confidence, maintaining
the authority and independence of the courts, regulating the
technical administration or the technical operation of telephony,
telegraphy, posts, wireless broadcasting or television, or
ensuring fairness and balance in the dissemination of information
to the public; or |
| |
|
(c) |
that
imposes restrictions upon public officers or officers of any
corporate body established on behalf of the public or owned
by or on behalf of the Government of Guyana. |
| 147. |
(1) |
Except
with his own consent, no person shall be hindered in the enjoyment
of his freedom of assembly and association, that is to say,
his right to assemble freely and associate with other persons
and in particular to form or belong to political parties or
to form or belong to trade unions or other associations for
the protection of his interests. |
Protection of freedom of
assembly and association. |
| |
(2) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision
– |
| |
|
(a) |
that
is reasonably required in the interests of defence, public
safety, public order, public morality or public health; or |
| |
|
(b) |
that
is reasonably required for the purpose or protecting the rights
or freedoms of other persons; or |
| |
|
(c) |
that
imposes restrictions upon public officers; or |
| |
|
(d) |
that
imposes an obligation on workers to become contributors to
any industrial scheme or workers' organisation intended to
work or provide for the benefit or welfare of such workers
or of their fellow workers or of any relatives and dependents
of any of them. |
| 148. |
(1) |
No
person shall be deprived of his freedom of movement, that
is to say, the right to move freely throughout Guyana, the
right to reside in any part of Guyana, the right to enter
Guyana, the right to leave Guyana and immunity from expulsion
from Guyana. |
Protection of freedom of
movement. |
| |
(2) |
Any
restriction on a person's freedom of movement that is involved
in his lawful detention shall not be held to be inconsistent
with or in contravention of this article. |
| |
(3) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision
– |
| |
|
(a) |
for
the imposition of restrictions on the movement or residence
within Guyana of any person or on any person's right to leave
Guyana that are reasonably required in the interests of defence,
public safety or public order or for the purpose of preventing
the subversion of democratic institutions in Guyana; |
| |
|
(b) |
for
the imposition of restriction on the movement or residence
within Guyana or on the right to leave Guyana of persons generally
or any class of persons that are reasonably required in the
interests of defence, public safety, public order, public
morality or public health or for the purpose of preventing
the subversion of democratic institutions in Guyana; |
| |
|
(c) |
for
the imposition of restrictions on the acquisition or use of
land or other property in Guyana; |
| |
|
(d) |
for
the imposition of restrictions, by order of a court, on the
movement or residence, within Guyana of any person or on any
person's rights to leave Guyana either in consequence of his
having been found guilty of a criminal offence under the laws
of Guyana of for the purpose of ensuring that he appears before
a court at a later date for trial for such a criminal offence
or for proceedings preliminary to trial or for proceedings
relating to his extradition or lawful removal from Guyana; |
| |
|
(e) |
for
the imposition of restrictions on the freedom of movement
of persons who are not citizens of Guyana; |
| |
|
(f) |
for
the imposition of restrictions upon the movement or residence
within Guyana or on the right to leave Guyana of public officers; |
| |
|
(g) |
for
the removal of persons from Guyana – |
| |
|
|
(i) |
to be
tried or punished in some other country for a criminal offence
under the law of that country; or |
| |
|
|
(ii) |
to undergo
imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offence under the law
of Guyana of which he has been convicted; or |
| |
|
|
(iii) |
to be
detained in an institution in some other country for the purpose
of giving effect to the order of a court made in pursuance
of a law of Guyana relating to the treatment of offenders
under a specified age; or |
| |
|
|
(iv) |
to be
detained for care or treatment in a hospital or other institution
in pursuance of a law of Guyana relating to persons suffering
from defect or disease of the mind; or |
| |
|
(h) |
for
the imposition of restrictions on the right of any person
to leave Guyana that are reasonably required in order to secure
the fulfillment of any obligations imposed on that person
by law. |
| |
(4) |
provisions
of article 151 shall apply in relation to a person whose freedom
of movement is restricted by virtue of such a provision as
is referred to in paragraph (3)(a) as they apply in relation
to a person whose freedom of movement is restricted by virtue
of such a provision as is referred to in article 150(2). |
| 149. |
(1) |
Subject
to the provisions of this article – |
Protection from
discrimination on the grounds of race, etc. |
| |
|
(a) |
no
law shall make any provision that is discriminatory either
of itself or in its effect; and |
| |
|
(b) |
no
person shall be treated in a discriminatory manner by any
person acting by virtue of any written law or in the performance
of the functions of any public office or any public authority. |
| |
(2) |
In
this article the expression "discriminatory" means affording
different treatment to different persons attributable wholly
or mainly to their respective descriptions by race, place
of origin, political opinions, colour or creed whereby persons
of one such description are subjected to disabilities or restrictions
to which persons of another such description are not made
subject or are accorded privileges or advantages which are
not afforded to persons of another such description. |
| |
(3) |
Paragraph
(1)(a) shall not apply to any law so far as that law makes
provision – |
| |
|
(a) |
with
respect to persons who are not citizens of Guyana; |
| |
|
(b) |
with
respect to adoption, marriage, divorce, burial, devolution
of property on death or other matters of personal law; or |
| |
|
(c) |
whereby
persons of any such description as is mentioned in the preceding
paragraph may be subjected to any disability or restriction
or may be accorded any privilege or advantage which, having
regard to its nature and to special circumstances pertaining
to those persons or to persons of any other such description,
is reasonably justifiable. |
| |
(4) |
Nothing
contained in any law shall be held to be inconsistent with
or in contravention of paragraph (1)(a) to the extent that
it makes provision with respect to standards or qualifications
(not being standards or qualifications specifically relating
to race, place of origin, political opinion, colour or creed)
to be required of any person who is appointed to any office
in the public service, any office in a disciplined force,
or any office in the service of a local democratic organ or
of a body corporate established by any law for public purposes. |
| |
(5) |
Paragraph
(1)(b) shall not apply to anything which is expressly or by
necessary implication authorised to be done by any such provision
of law as is referred to in either of the two preceding paragraphs. |
| |
(6) |
Nothing
contained in or done under the authority of any law shall
be held to be inconsistent with or in contravention of this
article to the extent that the law in question makes provision
– |
| |
|
(a) |
whereby
persons of any such description as is mentioned in paragraph
(2) may be subjected to any restriction on the rights and
freedoms guaranteed by articles 143, 145, 146, 147 and 148,
being such a restriction as is authorised by article 143(2),
article 145(5), article 146(2), article 147(2), or article
148(3), other than subparagraph (c) thereof, as the case may
be; |
| |
|
(b) |
for
the appropriation of revenue or other funds of Guyana; or |
| |
|
(c) |
for
the protection, well-being or advancement of the Ameridians
of Guyana. |
| |
(7) |
Paragraph
(1)(b) shall not affect any discretion relating to the institution,
conduct or discontinuance of civil or criminal proceedings
in any court that is vested in any person by or under this
Constitution or any other law. |
| 150. |
(1) |
This
article applies to any period when – |
Provisions for
time of war or emergency. |
| |
|
(a) |
Guyana
is at war; or |
| |
|
(b) |
there
is in force a proclamation (in this article referred to as
a "proclamation of emergency") made by the President declaring
that a state of public emergency exists for the purposes of
this article; or |
| |
|
(c) |
there
is in force a resolution of the National Assembly, in favour
of which there were cast the votes of not fewer that two-thirds
of all the elected members, declaring that democratic institutions
in Guyana are threatened by subversion. |
| |
(2) |
Nothing
contained in or done under the authority of any laws shall
be held to be inconsistent with or in contravention of article
139, 140(2) or 143, any provision of article 144 other than
paragraph (4) thereof, or any provision of articles 145 to
149 (inclusive) to the extent that the law in question makes
in relation to any period to which this article applies provision,
or authorises the doing during any such period of anything,
which is reasonably justifiable in the circumstances of any
situation arising or existing during that period for the purpose
of dealing with that situation. |
| |
(3) |
(a) |
Where
any proclamation of emergency has been made, copies thereof
shall as soon as practicable be laid before the National Assembly,
and if, by reason of its adjournment or the prorogation of
Parliament, the Assembly is not due to meet within five days
the President shall, by proclamation, summon the Assembly
to meet within five days, and the Assembly shall accordingly
meet and sit upon the day appointed by the proclamation and
shall continue to sit and act as if it had stood adjourned
or Parliament had stood prorogued to that day. |
| |
|
(b) |
A
proclamation of emergency shall, unless it is sooner revoked
by the President, cease to be in force at the expiration of
a period of fourteen days beginning on the date on which it
was made or such longer period as may be provided under the
next following subparagraph, but without prejudice to the
making of another proclamation of emergency at or before the
end of the period. |
| |
|
(c) |
If
at any time while a proclamation of emergency is in force
(including any time while it is in force by virtue of the
provisions of this subparagraph) a resolution is passed by
the Assembly approving its continuance in force for a further
period, not exceeding six months, beginning on the date on
which it would otherwise expire, the proclamation shall, if
not sooner revoked, continue in force for that further period. |
| |
(4) |
A
resolution such as is referred to in paragraph (1)(c) shall,
unless it is sooner revoked by a resolution of the Assembly,
ceased to be in force at the expiration of two years beginning
on the date on which it was passed or such shorter period
as may be specified therein, but with out prejudice to the
passing of another resolution by the Assembly in the manner
prescribed by that paragraph at or before the end of that
period. |
| 151. |
(1) |
where
any person is lawfully detained by virtue of such a provision
as is referred to in article 150(2), or the movement or residence
within Guyana of any person or any person's right to leave
Guyana is (otherwise than by order of a court) lawfully restricted
by virtue of such a provision as aforesaid, his case shall
be reviewed by a tribunal established for the purposes of
this article not later than three months from the commencement
of the detention or restriction and thereafter not later that
six months from the date on which his case was last reviewed
as aforesaid. |
Reference to tribunal in
certain cases. |
| & |
