A/HRC/15/14
12.
In response to an advance question, the delegation stated that the veto power of the
Minister of Mines was used only in relation to large-scale mining deemed to be in the
national interest. Since the enactment of the legislation in 2006, there had been no such
case. The delegation clarified that communities had veto power in relation to small- and
medium-scale mining and that several were engaged in these. The delegation noted that,
with regard to the rights of indigenous peoples, Guyana had come a long way in a short
period of time.
13.
In response to the advance question relating to the Optional Protocols to the
Convention on the Elimination of All Forms of Discrimination against Women and to the
Convention on the Rights of the Child, to which Guyana was not a party, the consideration
of these had advanced significantly. In relation to the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it
continued to be under consideration.
14.
In response to an advance question, the delegation stated that outstanding reports to
the Committee on the Rights of the Child and the Committee on the Elimination of
Discrimination against Women had been submitted on 28 April and 7 May 2010,
respectively. The delegation indicated that the report to the Committee on the Rights of the
Child highlighted the many positive interventions for the protection of children, which
included major legislative reform. The legislative reform process continued, with the
consideration of a Juvenile Justice Bill, the Custody, Care, Guardianship and Maintenance
Bill, and the Child Care Services Bill.
15.
Concerning the question regarding the impact of the Child Care Protection Agency
(established in July 2009), the delegation stated that to date, 1,500 children had received
care. Of these, 160 had been placed in a Government-assisted centre owing to high-risk
situations, 127 cases were with the police for further investigation, 71 were before the
court, and 651 children and their families had been counselled. The delegation, in response
to an advance question, stated that the dialogue on corporal punishment continued and was
part and parcel of the consultations on the new draft Education Act agreed to by Parliament.
16.
In relation to the advance questions concerning women, the delegation noted that the
report to the Committee on the Elimination of Discrimination against Women described the
status of women, including measures to reduce violence against women, such as the Sexual
Offences Bill, and the increased participation of women at all levels of Government and
national life. The level of domestic and sexual violence against women remained a concern
and continued to be addressed through the national stakeholders-Government partnership.
17.
With regard to the advance questions concerning discrimination against lesbian, gay,
bisexual and transgender persons, the delegation indicated that no cases involving the
harassment of lesbian or gay persons had been received by the Government through any of
its complaint mechanisms. There had been one case in which a person had been charged
with cross-dressing, and the matter was still before the court. Changes to laws required
widespread consultation and a major change in attitude on the part of the populace. The
Government’s attempt to include the phrase “sexual orientation” in the anti-discrimination
clause of the Constitution had been met with widespread consternation and protest.
18.
Similarly, the issue of capital punishment had been met with an overwhelming call
for its retention in the law books. No executions had taken place over the past decade, and
any change in the status quo would have to be carried out with the involvement and
acceptance of the people.
19.
With regard to the advance questions concerning the security sector, the excessive
use of force, and human rights training, the delegation stated that the Constitution protected
citizens from torture and other cruel, inhuman or degrading treatment or punishment.
Following a very violent crime wave from 2002 to 2008, increased budgetary and technical
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