Guyana
Constitutional structure and position of IHL in domestic law
The Co-operative Republic of Guyana is an indivisible, secular, democratic sovereign state within the Commonwealth. It achieved independence in 1966.
The executive branch consists of a President and a cabinet headed by a Prime Minister. The Parliament consists of the President and an elected unicameral National Assembly. The Supreme Congress of the People of Guyana, formed by the members of the National Assembly and the members of the National Congress of Local Democratic Organs may make recommendations on any matter of public interest to the National Assembly. The higher level of jurisdiction is the Supreme Court of Judicature, which consists of the High Court and the Court of Appeal.
Section 8 of the Constitution provides that the Constitution is the supreme law of Guyana and that if any law is inconsistent with it, the Constitution shall prevail to the extent of the inconsistency. The Constitution contains no rules on the ratification of treaties. The legal system is based on English common law with certain admixtures of Roman-Dutch law. Legal sources in Guyana still include, to a certain extent, UK laws that were in effect immediately before the day on which it became independent.
In a letter dated 11 July 1968 and received by the Swiss Federal Council on 22 July of that year, the Prime Minister of Guyana declared that State to be bound by the four Geneva Conventions of 1949, this by virtue of their previous ratification by the United Kingdom of Great Britain and Northern Ireland. Guyana thus became party to the four Conventions retroactively as from 26 May 1966, the date on which it achieved independence. Guyana acceded to the two Additional Protocols of 1977 on 18 January 1988.
Full text of the Constitution (pdf): 
Extracts of the Constitution:
Part 1: General Principles; Chapter II: Principles and Bases of the Political, Economic and Social System
Sect. 37 - External relations
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.
Sect. 39 - Guiding principles and objectives
Amended by Act No. 1 of 1988 by insertion of the Article as follows
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.
Sect. 40 - Fundamental rights and freedoms of the individual
(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.
Part 2: Specific Rules; Title 1: Protection of Fundamental Rights and Freedoms of the Individual
Sect. 141 - Protection from inhumane treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other 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.
Sect. 144 - Provision to secure protection of law
(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.
(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.
Sect. 150 - Provisions for time of war or emergency
(1) This article applies to any period when ––
(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 w as 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 As sembly 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.
Sect. 151 - Reference to tribunal in certain cases
(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.
(2) On any review by a tribunal in pursuance of the preceding paragraph of the case of any person the tribunal may make recommendations concerning the necessity or expedience of continuing the detention or restriction to the authority by whom it was ordered but, unless it is otherwise provided by laws, that authority shall not be obliged to act in accordance with any such recommendation.
(3) A tribunal established for the purpose of this article shall be so established by law and constituted in such manner as to secure appointed by the Chancellor from among persons entitled to practise in Guyana as attorney-at-law.
Sect. 152 - Saving of existing laws and disciplinary laws
(1) Except in proceedings commenced before the expiration of a period of six months from the commencement of this Constitution, with respect to a law made under the Guyana Independence Order 166 and the Constitution annexed thereto, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of articles 138 to 149 (inclusive) to the extent that the law in question ––
(a) is a law (in this article referred to as "an existing law") that had effect as part of the law of Guyana immediately before the commencement of this Constitution, and has continued to have effect as part of the law of Guyana at all times since that day;
(b) repeals and re-enacts an existing law without alteration; or
(c) alters an existing law and does not thereby render that law inconsistent with any provision of the said articles 138 to 149 in a manner in which, or to an extent to which, it was not previously so inconsistent.
(2) In subparagraph (c) of the preceding paragraph the reference to altering an existing law includes references to repealing it and re-enacting it with modifications of making different provisions in lieu thereof, and to modifying it; and in the preceding paragraph "written law" includes any instrument having the force of law and in this and the preceding paragraph references to the repeal and re-enactment of an existing law shall be construed accordingly.
(3) In relation to any person who is a member of a disciplined force raised under a law in force in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title, other than articles 138, 140, 141.
(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Guyana, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Title.
Sect. 153 - Enforcement of protective provisions
(1) Subject to the provisions of paragraph (6), if any person alleges that any of the provisions of articles 138 to 151 (inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, or 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 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 articles 138 to 151 (inclusive):
Provided that the High Court shall not exercise its powers under this paragraph if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
(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 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 the court.
Sect. 154 - Interpretation
In this Title, unless the context otherwise requires ––
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Guyana other than a court established by a disciplinary law and, in articles 138 and 140, a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplinary force" means ––
(a) any group of persons functioning whether wholly or partially as a naval, military, para-military or air force;
(b) a police force;
(c) a prison service; or
(d) a fire service;
"legal representative", in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such court or tribunal;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; and
"national service" means service in any disciplined force a principal purpose of which is the training of people with a view to advancing the economic development of Guyana.
