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Guyana - Initial reports of States parties due in 1993: Addendum [2003] UNCRCSPR 22; CRC/C/8/Add.47 (6 August 2003)
UNITED NATIONS
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CRC
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/8/Add.47 6 August 2003
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Initial reports of States parties due in 1993
GUYANA
[29
July 2002]
GE.03-43530 (E) 120903
CONTENTS
Paragraphs Page
Abbreviations and acronyms 3
I. OVERVIEW 1 - 47 5
A. The national context 1 - 15 5
B. The country, people and demographic features 16 - 24 7
C. Political and administrative structure 25 - 30 8
D. Key economic trends 31 - 38 9
E. Structure, methodology and limitations of the report 39 - 47 10
II. GENERAL IMPLEMENTATION MEASURES 48 - 448 11
A. Definition of the child (under Guyana laws and
regulations) 101
- 129 19
B. General principles 130 - 138 24
C. Civil rights and freedoms 139 - 158 25
D. Family environment and alternative care 159 - 230 28
E. Basic health and welfare 231 - 281 41
F. Education, leisure and cultural activities 282 - 377 50
G. Special protection measures 378 - 442 63
H. Recommended measures for improved compliance
with the Convention
443 - 448 72
III. CONCLUSIONS 449 - 452 75
Annexes*
* Annexes can be consulted in the files of the
secretariat.
Abbreviations and acronyms
AIDS Acquired immunodeficiency syndrome
BEAMS Basic Education and Management Support Programme
CARICOM Caribbean Community
CESO Canadian Executive Services Organization
CEDAW Convention on the Elimination of All Forms of Discrimination Against
Women
CIDA Canadian International Development Agency
CRC Convention on the Rights of the Child
CXC Caribbean Examination Council
EPAS Early Pregnancy Advisory Service
ERP Economic Recovery Programme
FPAG Family Planning Association of Guyana
GAWL Guyana Association of Women Lawyers
GBET Guyana Basic Education Teachers Training Programme
GCE General Certificate of Education
GEAP Guyana Education Access Project
GHRA Guyana Human Rights Association
GPF Guyana Police Force
GUIDE Guyana Information and Distance Education Programme
HIES Household Income and Expenditure Survey
H&S Help and Shelter, Inc.
IDB Inter-American Development Bank
IDCE Institute of Distance and Continuing Education
IMCI Integrated Management of Childhood Illness
MCYS Ministry of Culture, Youth and Sport
MOE Ministry of Education
NAPS National AIDS Programme Secretariat
NCRC National Commission on the Rights of the Child
NGO Non-governmental organization
NOC New Opportunity Corps
NPAC National Plan of Action for Children
ODA Overseas Development Administration
PDA Prevention of Discrimination Act
PEIP Primary Education Improvement Project
PRS Poverty Reduction Strategy
RDC Regional Democratic Council
SIMAP Social Impact Amelioration Programme
UNDP United Nations Development Programme
UNESCO United Nations Education, Scientific and Cultural Organization
UNICEF United Nations Children’s Fund
USAID United States Agency for International Development
YEST Youth Entrepreneurial Skills Training
I. OVERVIEW
A. The national context
- Guyana
signed and ratified the Convention on the Rights of the Child (CRC) in 1991.
These actions further concretized a commitment
by the Government of Guyana and
its people to proceed with programmes for the protection and development of
children.
- For
many years Guyana has consistently demonstrated support for global, regional and
national programmes to enhance the overall well-being
of children. For example,
Guyana participated in the 1990 World Summit for Children at which the World
Declaration on the Survival,
Protection and Development of the Child, and its
accompanying Plan of Action, were adopted. Following that summit, a
considerable
number of programmes and measures have been instituted, and many
more are being worked on for implementation in the short and long
term.
- The
Plan of Action of the 1990 Summit was translated by Guyana into a National Plan
of Action (NPAC), which received government approval
in 1996. Programmes and
policies have been formulated around this approved draft and are articulated
later in this report. While
all the areas which the Convention addresses are
part of the said plan, the specific areas of health, education and legislative
issues
are a major focus of the current efforts.
- Enhanced
legislation is an integral element in this country’s efforts to give
tangible effect to the provisions of the CRC.
At a seminar organized by the
Caribbean Initiative on Equality and NonDiscrimination in 1994, recommendations
were made for standardizing
Guyana’s laws in accordance with the CRC.
Amendments have since been made to the Infancy Act, 1916, and the Juvenile
Offenders
Act, 1931. There is also a draft Education Act to replace the current
one, and there is to be the introduction of a Children’s Bill, a Family
Court and Status of Children’s
Bills.
- Harmonization
of laws relating to children in Guyana was also highlighted as an area to which
attention needed to be given via the
publication of the Caribbean
Children’s Law Project, which was edited in part by the present
Chancellor of the Judiciary in
Guyana, Ms. Desiree Bernard. This
document now serves as an invaluable guide for action by persons who administer
services to children.
- In
1999, a Constitution Reform Commission was set up to review the 1980
Constitution. This body made the firm recommendation that, among the various
“rights” commissions, a Commission on the Rights of
the Child would
be established by incorporation in the amended Constitution. They further
recommended that a representative of this commission would also serve on the
Ethnic Relations Commission.
- By
broad consensus, the Constitutional Reform Commission acknowledged that the
provisions of the Convention on the Rights of the Child
should inform
constitutional provisions to protect children’s rights. The Oversight
Select Committee subsequently accepted
the above recommendations, and in 2001
these rights were accorded the status of fundamental and human rights in the
amended Constitution. Decisions made on specific areas will be mentioned in
relevant context in this report.
- Two
principal approaches employed by Government to maximize the impact of its
efforts to ensure that CRC provisions are being applied
are:
(a) Training; and
(b) A reasonably active promotion campaign utilizing print and electronic
media.
- Training
has taken the form of seminars and workshops centring on the terms of the
Convention and the existing laws of Guyana relating
to children. The
beneficiaries of such training have been youth, teachers, law enforcement
agents, government and non-governmental
functionaries, and community leaders in
all regions of the country. Many of these seminars and workshops were sponsored
by the Children’s
Services Unit of the Ministry of Labour, Health and
Housing and the Caribbean Centre for Justice and International Law.
- Since
2000, the Ministry of Labour, Human Services and Social Security has increased
the opportunities for training. Many of those
efforts involved collaboration
with other agencies, in particular UNICEF. As will later be evident, the Guyana
Government, the National
Commission on the Rights of the Child (NCRC) and
non-governmental organizations have entered into partnerships to enhance
benefits
to children in several spheres. The establishment of a shelter for
street children is one such effort.
- In
keeping with the National Plan of Action (NPAC) for the development of children,
a number of activities have been initiated in
the areas of health and education.
In education, programmes are focused on improving the basic education of
children through increased
training of teachers, provision of school textbooks,
and rehabilitation of school buildings (along the lines of a defined blueprint).
A strategic development plan on early childhood education has also been
formulated by the Ministry of Education for implementation
from 2003 to 2007.
Additionally, the reactivated Schools Welfare Division, now within the Ministry
of Education, is carrying out
crucial functions in child protection. The
institution of programmes dealing with sensitive issues in the learning
environment and
the implementation of a rights-based curriculum in the school
system are also of major significance.
- In
the area of health, programmes aimed at reducing infant mortality and
malnutrition have been emphasized, and immunization coverage
has been widely
expanded. The introduction of the Integrated Management of Childhood Illness
(IMCI) strategy in 2001, has led to
greater success protecting the health of
children. The Ministries of Health and Education are now jointly involved in a
programme
to provide children from impoverished circumstances with dietary
supplements aimed at reducing malnutrition. Several outreach programmes
advocating good nutrition practices, have also been conducted.
- One
of the biggest challenges currently facing Guyana in the protection of children
is HIV/AIDS and its increasing prevalence. Death
of parents from this disease
is resulting in more orphans. Further, there is limited specialist paediatric
care available for children
affected by the disease. It has been recognized,
through information garnered from the Multiple Indicator Cluster Survey, Guyana
(funded by UNICEF), that level of education is directly related to responsible
behaviour and risk. Both the Ministries of Health
and Education have
incorporated components in their programmes, to deal with this issue on all
levels. The National Aids Programme
Secretariat, under the Ministry of Health
has reviewed and updated its National Strategic Plan for HIV/AIDS in Guyana.
The former
plan (1999-2001) emphasized, among other things, increased provisions
for voluntary counselling and testing; provision of safe blood
through
screening; greater involvement of NGOs and the private sector and a
mother-to-child transmission prevention programme. Insufficient
resources and
discrimination issues, among other things, impacted on the degree of success of
this plan.
- Following
widespread consultation, the 2002-2006 Strategic Plan for HIV/AIDS has begun to
be implemented and will continue to focus
on:
- − A
coordinated multi/intersectoral and interdisciplinary approach;
- − Provision
of information and a supportive environment to empower persons to prevent
further HIV transmission;
- − Integration
of care and support of persons living with HIV/AIDS. Partnerships with NGOs are
crucial in this process;
- − The
Ministry of Education has introduced instruction on HIV/AIDS in the
schools’ curriculum.
- While
the Government of Guyana has embraced the Convention and is committed to its
full implementation, it recognizes that more has
to be done in order to achieve
that goal. This is seen as an ongoing challenge that has been accepted by the
Government in its determination
to protect the rights of children and to ensure
their development.
B. The country, its people and demographic features
- Guyana
is located on the north-eastern coast of the continent of South America. It
lies to the north of Brazil and between Venezuela
on the west and Suriname on
the east. Its total area is 83,000 square miles (216,000 square
kilometres). Although located on the
mainland territory of the continent of
South America, Guyana is historically and culturally linked to the
Englishspeaking Caribbean
and is a member of the Caribbean Community
(CARICOM).
- Except
for its low coastal belt, the rest of Guyana (80 per cent) is largely
dense rain forests and rivers, rugged mountains, savannahs,
rapids and
waterfalls.
- In
2000, the population of Guyana was estimated at 800,000 and, when viewed against
the size of its land mass of 216,000 square kilometres
is considered to be
relatively small. Its population density is calculated at three persons per
square kilometres. But this density
is higher in the coastal belt than in the
hinterland portions of the country. The capital city is located in this coastal
belt.
- The
Household Income and Expenditure Survey (HIES, Statistical Bureau, 1993),
estimates that 90 per cent of the population live along
the flat
coastal region where agriculture is the dominant feature. Guyana’s
population in recent years has shown some decline
and this has been attributed
to a decline in fertility rate but more significantly to
emigration.
- Guyana
is divided into 10 administrative regions, each of which is administered by a
regional democratic council. There are also
six towns, each of which is
administered by a town council. Georgetown is the capital city and the major
urban area; its population
stands at more than 200,000.
- Guyana’s
society is multiracial with an ethnic distribution of Indo-Guyanese
(49 per cent), Afro-Guyanese (36 per cent), Amerindians
(7 per cent), mixed (7 per cent); Chinese, Portuguese and
other groups constitute 1 per cent. The major religions are
Christianity
and Hinduism. There is a sizeable number of Muslims and a growing
number of Rastafarians, members of the Baha’i faith and
other sects.
- English
is the main language spoken. There is, however, “Creolese”, spoken
mainly in the rural areas and is the vernacular
used by many Guyanese.
- The
literacy rate for persons 15 years of age and over is reported as being
98.5 per cent in the UNDP Human Development Indicators
(2000). Views
expressed in the media and elsewhere have, however, suggested an estimate of 75
to 80 per cent as being more realistic.
- The
Guyana Human Development Report (1996) has given the unemployment rate in Guyana
as being 12 per cent. According to the data
in the HIES, between 1980
and 1992 the percentage of femaleheaded households was an estimated
30 per cent. The upcoming census data
is likely to reveal a slight
increase.
C. Political and administrative structure
- Guyana
has a republic-style Government with an executive president as Head of State.
The newly revised 1980 Constitution provides for the fundamental rights and
freedom of the individual irrespective of race, political opinion, colour, creed
and sex.
The constitutional amendments were essentially done through the period
1999 to 2002. By an ongoing review process other amendments
are imminent.
- The
President and the National Assembly constitute parliament. Sixty-five members
of the National Assembly are elected on the proportional
representational
system; 10 members are from the regional democratic councils and 2 from the
National Congress of Local Democratic
Organs. The current Parliament comprises
members of the party in Government and four opposition parties.
- The
executive is headed by the President who is also the supreme executive authority
and commander-in-chief of the armed forces of
Guyana. The President is aided by
the Cabinet comprising the Prime Minister and such other ministers as the
President may appoint.
- There
is a Leader of the Opposition, one of whose functions is to serve as leader of
the business for parliamentary opposition parties.
He/she is also to be
“meaningfully consulted” by the President on important appointments
such as the Commissioner of
Police.
- Local
government is administered through a regional system in which regional
democratic councils are responsible for the administration
of the 10
administrative regions into which the country is divided. These councils are
essentially constituted along political lines.
- There
are constitutional service commissions for the judiciary, the public service,
and the police. Constitutional review has also
provided for five other
Commissions being established which directly impact on children. These
are:
- − the
Ethnic Relations Commission;
- − the
Commission on the Rights of the Child;
- − the
Women and Gender Equality Commission;
- − the
Indigenous Peoples Commission;
- − the
Human Rights Commission.
D. Key economic trends
- Despite
its enormous natural resources, fertile lands, mineral deposits, forestry
resources and favourable climactic conditions, Guyana
for the last two decades
has remained one of the poorest countries in the Caribbean.
- The
negative growth rate experienced in the 1980s was an indicator of widespread
social and economic decline in the country during
this period. The decline was
also associated with a high rate of emigration, significant deterioration of
vital facilities and physical
infrastructure such as water and electricity,
roads and sea defences, and industrial and other equipment. Added to this was
the
ever-increasing shortage of foreign exchange.
- The
economic malaise has also been associated with situations such as persistent
balance of payment imbalances and falling revenues.
Thus, as national debt
increased, the standard of living plummeted. The gravity of this situation was
reflected in increasing levels
of poverty and deprivation.
- To
stem the economic decline the Economic Recovery Programme (ERP) was introduced.
The measures implemented impacted adversely on
all levels of society. Groups
hardest hit have been identified as children, women, the aged, the disabled and
the Amerindian population.
The UNDP Human Development Indicators (2002)
state that for 19872000, 43.2 per cent of the Guyanese population
was living below
the poverty line.
- In
1992 a World Bank report alluded to the decline in expenditure on the social
sector under the ERP. The report placed Guyana behind
several Caribbean
territories in the allocation of expenditure for health and education.
Concurrent with this decline was the fall
in the value of the Guyana dollar and
the rise in the annual inflation rates from 28 per cent in 1987
to 102 per cent in 1991. By
1997 this rate dramatically dropped
to 4.1 per cent. Nonetheless, the source data available has indicated
a continued increase in
poverty between 1980 and 1992, largely due to the
combination of the rigid conditions of the ERP, the decline in the value of the
dollar and the inflation levels. The UNDP Human Development Report, 1998
recorded a slight overall improvement in the economic situation, attributed to a
significant increase in revenue. Immediately benefiting
from these increases
were social sector programmes. However, the situation with respect to
vulnerable groups remained unchanged.
- UNICEF’s
State of the World’s Children 1993 records the mortality rate for
children under 5 years old as being the highest in the region. Data
available indicate a significant
increase in the number of waterborne diseases,
reflecting the condition of basic services such as potable water and general
sanitation
including waste disposal. PAHO estimates that among the major causes
of death among children in the 1-4 age group in Guyana was
protein calorie
malnutrition and dietrelated diseases.
- There
are a number of social safety-net programmes in place but these have been
relatively ineffective in alleviating many of the
problems, largely because of
weak infrastructure including human resources. It is hoped that the Poverty
Reduction Strategy would
bring relief.
- Guyana
continues to be burdened by its weighty external debt and debtservicing costs,
which account for a high portion of its budget,
and this has severely restricted
its ability to deal adequately with the problem of poverty in the society.
Notwithstanding the
many initiatives taken with respect to poverty alleviation,
the problem in Guyana continues to be widespread and women and children
continue
to be a significant part of the vulnerable group.
E. Structure, methodology and limitations of the
report
- Part
I of this report provides a brief description of the country. This is in
keeping with the standard requirement for all international
reports. There are
also statements on the methodology used in producing this report, its structure
and its limitations.
- Part
II consists of a sequential discussion of each article of the Convention as it
relates to the administrative, legal and other governmental
processes currently
in place.
- There
is a noticeable overlap in a few articles of the Convention. Consequently, a
few of the measures in place are relevant to more
than one article. In order to
control the length of the report, every effort has been made to minimize
duplication of information,
without adversely affecting the accuracy of the
submission.
- The
report has followed very closely the recommended guidelines which specified the
grouping of articles according to content, thereby
creating a logical order of
dealing with issues. For the most part, the information provided in this report
is based on government
sources and those of key international organizations
located in Guyana. Such sources are either primary or secondary.
- The
initial draft report was reviewed by a consultant (aided by researchers) who
interacted with persons who are intimately or directly
involved in the
administration and delivery of various services currently available to children
and which are directly relevant to
their protection and development. These
services included education, social planning, probation, welfare and such
children services
as adoption, care of children in difficult circumstances, and
the administration of the National Commission for the Rights of the
Child, the
body charged with the responsibility for monitoring and overseeing the
implementation of the Convention on the Rights
of the
Child.
- The
number of programmes and bodies initiated and established within a span
of 10 years generated a large volume of information which
was
available in the form of reports, analyses, studies and commentaries. These
proved to be invaluable sources and helped to create
the basic structure on
which this report was developed. Some of the bodies and programmes referred to
are as follows: the Family
Maintenance and Related Matters Committee (1994),
the National Commission for the Survival, Protection and Development of Children
(1990), the World Summit on Children (1990), the four Ministerial Meetings on
Children and Social Policy (1996, 1997, 1998 and 1999),
and the Coalition to
Promote the Convention on the Rights of the Child (1994). Special mention must
be made of the two workshops
and nine seminars held which were sponsored jointly
by the Caribbean Initiative on Equality and Non-Discrimination, the
Children’s
Services Unit, of the Ministry of Labour and Social Services
and the Caribbean Centre for Justice and International Law. These sessions
generated proceedings which recorded the views of a cross section of
participants who were representative of a number of organizations.
- In
regard to the scope, the relevance, and the timeliness of the information
derived from all sources referred to, it could be said
that this report
benefited from the availability of information which adequately represented the
status of the implementation of
the Convention. Wherever there were
recognizable gaps or deficiencies in the information, clarification was sought
through interviews
with the relevant authorities. There was interface with
agencies and organizations concerned with meeting the requirement of various
articles of the Convention. This yielded useful firsthand information. The
agencies contacted included the Ministries of Health;
Education; Labour, Human
Services and Social Security; the Office of the AttorneyGeneral; and the
Ministry of Culture, Youth and
Sport. This exercise served as a useful means of
updating and expanding on relevant information which was already available.
- Some
of the limitations to be noted in this report are the limited number of
up-to-date statistical tables provided, as well as the
relative absence of
individual statistics within the body of the work. There is still currently a
dearth of statistical data.
- Data
in relation to the population census and related matters, such as the Household
Income and Expenditure Survey (HIES) is currently
being updated. This
information resulting from a census held in 2002, will be published later in
2003.
II. GENERAL IMPLEMENTATION MEASURES (art. 4)
Measures taken to harmonize national law and policy
with
the provisions of the Convention
- Guyana
signed and ratified the Convention on the Rights of the Child in 1991. Since
that date, the Government of Guyana has made
strenuous efforts to fulfil the
requirements of the Convention which, inevitably, necessitated the preparation
of a National Plan
of Action for Children.
- In
1993, a National Commission for the Survival, Protection and Development of
Children was established to examine all aspects of
the requirements of the
Convention and to develop the required Plan of Action.
- The
Guyana National Plan of Action for Children to the year 2000 was completed using
the goals of the World Summit for Children (1990)
and the Convention on the
Rights of the Child as a framework for action. The Plan of Action was examined
and approved by the Cabinet
and was presented to the National Assembly for
approval.
- The
Plan highlights six major areas for specific action: the family, health and
nutrition; water and sanitation; education and literacy,
children at risk,
including children in especially difficult circumstances (homeless, disabled,
etc.), and the legal and constitutional
rights of the child.
- To
give tangible effect to the areas identified, primary agencies of the
Government, together with certain NGOs, have spearheaded
work in these areas.
Various international agencies, in particular, UNICEF, have provided, and
continue to provide crucial support
to these efforts which are detailed in this
report.
- Significantly,
as these areas involve the rights of the children, they are matters which the
Government of Guyana is dealing with
on an ongoing basis as part of its policy
to improve the lives of all Guyanese children. The Government recognizes the
social, economic,
civil and political rights of children and has directed its
efforts at putting “children first”.
- The
National Plan of Action for Children, also aims at promoting public education
and awareness on the principles and provisions of
CRC to ensure public support
for the various implementation programmes.
- Concomitant
with this, has been a significant focus on holistic childcare by the NCRC of
Guyana, with the targets being children,
parents, caregivers and health
workers.
- It
is important to note that implementation of the various programmes contained in
the National Plan of Action has been ongoing and
that significant progress has
been made in the promotion of the rights of the child. For example, in the area
of health there has
been significant improvement in the percentage of
immunization coverage against childhood preventable diseases. Similarly, in
education
several advances have been reported, particularly in the areas of
basic educational programmes.
- Likewise,
the education sector, through its Strategic Development Plan 2003-2007, also
seeks to introduce programmes and structures
which demonstrate a more holistic
approach to giving effect to provisions of the CRC. Relevant aspects of this
plan are highlighted
in part II, section F, of this report.
- It
should be noted that the Convention on the Rights of the Child in itself is not
legally enforceable in Guyana. An amendment to
the Guyana Constitution
(art. 212 O) provides, among other things, for the rights of the child to
be monitored, promoted and evaluated by a Human Rights
Commission. Specific
laws must however be passed before the provisions therein contained, can become
legally binding.
- In
1996, the Committee on Family Maintenance and Related Matters was appointed to
review the laws relating to children and to make
recommendations for reform,
which would bring them in line with the provisions of the Convention.
- The
Committee reported on its findings in July 1996 and prompt followup action
resulted in the Maintenance (Amendment) Act, 1997,
and action to amend the
Summary Jurisdiction Magistrate’s Act, chapter 3:05. These provide for
increases in the level of maintenance
children could receive. The Adoption
(Amendment) Act 1997 was also approved enabling former Guyanese nationals who
have acquired
the citizenship of any country other than Guyana, as well as
Guyanese nationals resident abroad, to qualify as adopters, the aim
being to
facilitate adoption if it was found to be in the best interest of the child (see
annex VI).[*]
- The
Committee also made recommendations in relation to the establishment of a Family
Court and, in general, recommended the passage
of laws specifically to benefit
children. The Family Court is yet to be established.
- It
must also be noted that a number of the provisions of the Convention on the
Rights of the Child already accord with the laws of
Guyana. Some of these are
as follows:
- − The
right of a child to have access to both parents (Infancy Act, chap. 46:01);
- − The
consideration of the best interest of the child in custody matters (Infancy Act,
chap. 46:01);
- − The
right of the child to express an opinion on matters concerning his/her
legislative sanction, but this is restricted in
accordance with the age and
maturity of the child (Infancy Act, chap. 45:01);
- − The
right of the child to maintenance from both parents (Maintenance Act,
chap. 45:03);
- − The
right of the child to receive elementary instruction in reading, writing
(Education Act, chap. 39:01);
- − The
right of the child not to be physically assaulted or beaten by the parent is
balanced by the right of the parent to chastize
within reason. Where a parent,
however, exceeds the bounds of reasonableness then the criminal law of Guyana
(i.e., the Criminal
Law (Offences) and Summary Jurisdiction (Offences)
Acts), may be applied or the child can invoke the Domestic Violence Act (1996).
The provisions of the Education Act, chapter 39:01, also address the issue of
reasonable punishment.
- Notwithstanding
the various constraints being experienced in Guyana, arrangements are ongoing in
2003 to examine the remaining legislation
with a view to harmonizing the law
with the Convention. Considerable review was done by the Family, Maintenance
and Related Matters
Committee of existing laws and there is now a
Children’s Bill being drafted. This bill comprehensively addresses all
areas
with regard to children and covers several key components of the CRC.
Areas include welfare, legal capacity, rights, custody and
access and
guardianship.
- Consultations
on the Children’s Bill are currently ongoing and it is the goal and
expectation that this Bill will become law
in 2004.
Existing or planned mechanisms at national or local levels
for
coordinating policies relating to children and for monitoring
the implementation of the Convention
- Mechanisms
for coordinating functions are at the moment minimal and require strengthening.
Currently, some of the relevant activities
in the administrative regions are
monitored through the use of statistical charts. Some measure of record keeping
is also in place.
Adherence to the Convention’s provisions is
specifically guaranteed in the said Children’s Bill. Its passage into law
will occur after the extensive consultations have been completed.
- By
virtue of a comprehensive fiveyear programme of cooperation and collaboration
between the Government of Guyana and agencies such
as UNICEF, substantial
progress has been and will be made in the furtherance of provisions of the
Convention on the Rights of the
Child. This programme has two principal
goals, i.e., (a) implementation of CRC, and (b) implementation of
CEDAW.
- Both
conventions are being focused on in this project. CEDAW is linked to the CRC
since provisions of this convention impact on the
lives of women, the girl child
and rights of children, in general.
- Three
new projects under the area of Social Policy and Advocacy have therefore been
formulated with specific time lines for implementation
from 2001 through
2005.
- The
children of Guyana stand to benefit from the following
projects:
(a) Project 1, the Advocacy and Social Mobilization
project, will:
− Bring the Family Court to fruition; finalize the Children’s Bill;
deal with other areas which impact on child abuse;
reorganize the judicial
system, juvenile and social services. (The draft of the Children’s Bill
is now being discussed and
subject to the inclusion of agreed amendments and
Cabinet approval, will be put before the National Assembly for acceptance.);
− Strengthen the National Commission on the Rights of the Child (and by
extension, the Constitutional Commission on the Rights
of the Child which will
likely subsume the NCRC), and provide forums for debate by youths on teenage
pregnancy, violence, HIV/AIDS
and other topical children’s issues;
− Enable Children’s Parliaments to continue to be convened.
Subjects debated will centre around issues concerning children
and will involve
children throughout Guyana;
− Training of community leaders in all areas of Guyana on the provisions
of the Children’s Bill and related matters.
(b) Project
2, the Participation to Advance Children’s Rights project, will focus on
sensitization through media campaigns
and the use of specific radio programmes
such as “Viewpoint” to discuss and share information on survival,
development
and the protection of children. Publication of a booklet on child
rights and responsibilities, spearheaded by the NCRC, will occur
later in 2003.
This will be distributed in schools countrywide. Puppet theatre and workshops
to educate on rights of children,
including parenting responsibilities, new
children’s laws and other related issues, have also been scheduled for
2003/2004;
(c) Project 3, the strengthening of social statistics, a project spearheaded
by the Statistical Bureau, Ministry of Finance, will
promote capacitybuilding in
data collection and analysis at national and regional levels. Disaggregated
statistics will also be
addressed. This project (inclusive of training and
equipment) will aid in development of better programme planning, monitoring and
evaluation, better identify persons to be targeted, and yield more realistic
budgeting. Evaluation and planning meetings with non-governmental
agencies and
other organizations are also organized and are responsible for reviewing and
recording activities.
- The
NCRC also collaborated with other similar bodies by participation in two
national conferences, in 2000 and 2002, in Jamaica and
Guyana, respectively.
Other international conferences for children were attended by Guyana.
- Regional
committees to promote programmes for children have also been set up in regions 6
and 10 (two of Guyana’s main regions),
and their activities are regularly
reported to UNICEF, with there being collaboration from time to time with the
NCRC. These regional
committees on children include the heads of the regional
authorities, health and education representatives of the Probation and Welfare
Service, NGOs, orphanages and shelters. The RDC facilitates this process by
serving as a coordinator of activities. The goal of
these regional committees
is to sensitize, educate and articulate the rights of the child.
- In
2002, schoolchildren were sensitized about their rights through education,
explanations being given with a child-friendly approach.
Subjects such as
water, sanitation and the environment have been dealt with.
- In
2003, sensitization is continuing while there is also emphasis on establishment
of systems. Similar committees will be introduced
in due course. It is
recommended that there should be increased coordination on data
gathering.
Measures taken or planned to make the Convention
widely
known to adults and children (art. 42)
Adults
- Specific
measures taken involve the use of the print and electronic media and the holding
of seminars and workshops. Measures taken
from 1999 to 2003 include a daily
radio programme, Viewpoint, which reaches various parts of the country. Members
of the National
Commission on the Rights of the Child have used this prime time
programme to sensitize listeners as to the Convention. The NCRC
has been
assigned monthly air time on this programme and programmes are regular.
- Commission
members have also accepted invitations to participate in call-in radio
programmes which discuss topical issues pertaining
to home and family, or which
generally chat about rights and educate listeners. These opportunities are used
to discuss the Convention.
- In
1999, there was publication of the actual articles of the Convention on the
Rights of the Child in the two main daily newspapers.
Members of the National
Commission have also accepted invitations to appear on “call-in”
television programmes to discuss
and promote an understanding of the Convention.
There have been several appearances over the last four to five years.
- A
locally produced brochure on the Convention on the Rights of the Child was
published in July 1999. This publication provides an
overview of the World
Summit on Children and of the Convention. It highlights Guyana’s
commitment to its children and includes
the articles of the Convention as well
as illustrative photographs. Copies have been distributed to national
institutions, professional
groups, teachers, law enforcement officials,
health-care and social workers.
- A
number of seminars and workshops on the Convention were planned for the period
July to December 1999 and held nationally. These
focused specifically on the
laws of Guyana relating to children and on the articles of the Convention.
Relevant national institutions,
law enforcement agencies, social workers, public
officials and professional groups comprised the target groups to become aware of
the principles and provisions of the articles of the Convention in order to
assist them in organizing appropriate programmes and
to be better placed to
contribute to the formulation of policies to be implemented on behalf of
children. A mechanism was put in
place for feedback and follow-up action in
2000.
- A
national conference was held on early childhood education, care and development.
This exercise had the goal of uniting areas of
health, local government, daycare
centres and play groups, as part of an informal association to aid children.
Periodically, comments
on issues concerning children are published in the
newspaper, to which close attention is paid by the NCRC.
- At
the annual Mashramani celebrations of 1999, which brought together thousands of
Guyanese, the opportunity was grasped to promote
the Convention through the
distribution of brightly coloured leaflets bearing the articles of the
Convention. The leaflets, which
aroused very great interest, were aimed at
parents and children. Care was taken to use “childfriendly”
language in the
production of this material.
- An
exhibition was held for the tenth anniversary of CRC and the launching of the
Children 2000 calendar. At the Guyana Exposition,
leaflets on the rights of the
child were distributed to several hundred Guyanese who attended.
- At
the National Forum on Child Abuse, discussion centred on the inadequacies of the
current system and the need to modernize. Training
on domestic violence for
police officers by the Caribbean Association for Feminist Research and Action
(CAFRA) is ongoing, as are
programmes by the Rights of the Child (ROC)
organization.
- In
the Birth Certificate Campaign, 60,000 brochures were distributed countrywide.
A national parenting workshop was held for fathers
and young men, and teaching
aids were produced. A special child abuse management workshop for police
officers from stations countrywide
was held.
- A
peer education programme for children aged 12 and over on HIV/AIDS was hosted by
the Volunteer Youth Corps, Guyana Red Cross, and
NGOs. A child abuse and
domestic violence seminar was held by St. Francis Xavier Youth Club, and NGOs.
The psychological, social
and legal aspects were looked at.
- Measures
planned include to produce several 30second promotional announcements for airing
by the Guyana Broadcasting Corporation.
The NCRC will facilitate the
publication of more focused articles, and also the printing and publication in
daily newspapers of
its monthly viewpoint.
Children
- The
Children’s Festival of Art and Poetry, organized in 1999, addressed the
undermentioned articles of the Convention:
- − article
13 on freedom of expression;
- − article
14 on freedom of thought;
- − article
29 on development of talents;
- − article
31 on the right to participate in artistic activities.
- This
festival took the form of two competitions, and children across the country
between the ages of 4 and 18 were eligible to participate.
Its theme was
“Children, their rights and the environment”.
- A
public display of the talent and creativity of these children was held at the
Umana Yana later in the year with the aim of boosting
the morale and
self-esteem of all children.
- “Creative
Day for the Child”, another innovative project involving the Ministry of
Education and head teachers commenced
in May 1999. It aimed at enriching the
lives of children through their involvement in creative activities, mainly art
and poetry.
Initially, a limited number of students met on Saturday mornings to
share in this venture. Members of the National Commission on
the Rights of the
Child also met with these small groups and introduced them to relevant articles
of the Convention. The students
involved serve as the nucleus around which
extended activities have developed.
- Another
event of note is a Children’s Parliament, which took place on 6
and 7 August 1999, coinciding with the exhibition referred
to
earlier. This event involved groups of children from all regions of the
country. These programmes are all strategies aimed at
familiarizing
children with the Convention.
- Twelve
articles of the Convention were identified for an awareness campaign carried on
television aimed at children. They were as
follows: article 6, right to life;
article 7, right to name, nationality; article 8, preservation of identity;
article 13, freedom
of expression; article 14, freedom of thought; article
15, freedom of association; article 16, protection of privacy; article 17,
access to information; article 23, rights of the disabled; article 24, right to
health services; article 30, right to enjoy one’s
own culture; and article
32, protection against child labour. The programmes were broadcast at prime
time and were specially designed
to convey the message. The campaign ran for
five weeks from 1 April to 8 May 1999.
- In
the latter part of 2002, an essay competition was held by NCRC on the subject of
the “rights and responsibilities of a child”.
Regional prizes were
presented in February 2003 by NCRC members. The prize-giving ceremony also gave
the members an opportunity
to discuss children’s rights with the children
and teachers.
- A
monument in tribute to the rights of the child was built in 19992000 by the
National Commission on the Rights of the Child and funded
by the private sector
(business community) and UNICEF. This monument has been placed in
Guyana’s only national park.
- A
constant feature over the last three years has been the “Say yes for
children” campaign. This campaign involved secondary
schools throughout
Guyana. Through this campaign, support was obtained from parents, teachers and
the general public for the “rights
campaign”.
- A
musical street parade, “Parade of the Decades”, was staged. A
children’s concert for CRC’s thirteenth anniversary
was held. A
television children’s programme, “Aunt Rinty at Home” (which
focuses on pre-adolescent behaviour incorporating
rights), was launched.
- Hosting
of a Children’s Parliament is planned for 2003. A booklet on CRC for
every secondary school student is planned by the
NCRC.
- The
Guyana Red Cross Society and UNICEF, in April 2003, had advertised a nationwide
competition with one of the categories being specifically
for children aged
10-15 years old. The competition required depiction of a positive message about
the “reduction of the stigma
and discrimination of persons living with
HIV/AIDS” as it relates to the Red Cross, fundamental principles and human
rights.
The competition was judged in May 2003.
- Consultations
were held with children in all 10 regions of Guyana in April-May 2003, to
discuss and determine how much was known by
them about CRC (see annex
XX).[*]
Measures planned for making the report widely available (art.
44)
- Substantial
coverage was given of the launching of this Convention on the Rights of the
Child country report, including radio broadcasts
and television interviews.
Copies of the report were distributed to all institutions dealing with children
across Guyana, such as
the public
- library,
non-governmental organizations, government ministries, schools, and community
groups. In addition, several copies were held
in the Ministry of Labour, Human
Services and Social Security and were distributed as the need arose.
- The
report was tabled at a National Consultation held in 2003 involving
representatives of all 10 administrative regions. At this
forum were NGOs,
local and regional democratic councils, and representatives from civil society,
national and international agencies.
Sessions will be held in schools
countrywide and talks will be held highlighting the main issues dealt with in
the report.
A. Definition of the child under Guyana laws
and regulations
(art. 1 of the Convention)
Age of majority
- The
age of attainment of majority in Guyana is 18 years. Chapter IV, article 59, of
the Constitution of Guyana states:
“Subject to the provision
of article 159 every person may vote at an election if he/she is of the age of
18 years of age or
upwards or is either a citizen of Guyana or a Commonwealth
Citizen domiciled and resident in Guyana.”
- Notwithstanding
this, the agelimit of a child, may vary depending on the specific piece of
legislation. The Convention on the Rights
of the Child (art. 1) states that
“for the purposes of the present convention, a child means every human
being below the age
of 18 years, unless, under the law applicable to the child,
majority is attained earlier”.
Legal minimum ages for specific situations in Guyana
(a) Legal or medical counselling without parental
consent
- The
Medical Termination of Pregnancy Act of 1995 (Act No. 7 of 1995) states in
section 8 (3): “In the treatment of the termination
of a
pregnancy of a child of any age, while the medical practitioner or authorized
medical practitioner, as the case may be, may
encourage the child to inform her
parents, he is not required either to obtain the consent of her parents or
guardian or to notify
them.”
(b) End of compulsory education
- The
Education Act, chapter 39:01, section 17, states that: “No person shall
take into his employment or employ any child who is under the age
of fourteen
years, provided that the service rendered by a child to its parents, being such
service as is usually given by children
to their parents, shall not constitute a
breach of this section unless such service is rendered on a school day during
school hours.”
- The
amendment to the Education Act has made 15 years the end of compulsory
education. This is now a right which is to be enshrined in the 1980
Constitution of Guyana.
- Article
28 of the Convention on the Rights of the Child stipulates the right of the
child to education and the Education Act, chapter 39:01, section 17, establishes
adherence to this article.
(c) Part-time employment; full-time employment; hazardous
employment
- The
Employment of Young Persons and Children Act, chapter 99:01, incorporates the
International Labour Organization Convention concerning
minimum age of
employment of children (1973) (see annex
VIII).[*] The situation with respect to the
employment of children as it relates to article 32 of the Convention is covered
in part II, section
G, of this report.
- The
Convention on the Rights of the Child, in article 32, refers to the recognition
of the right of the child to be protected from
economic exploitation and from
performing any work that is likely to be hazardous or to interfere with the
child’s education
or to be harmful to the child’s health or
physical, mental, spiritual, moral or social development.
- Sections
41 and 46 of the Occupational Safety and Health Act, 1997 (OSHA), which became
law in September 1999, specifically prohibit this (see annex VII for the text of
these sections of OSHA).*
The abovementioned provision in the laws of Guyana is
an indicator of Guyana’s adherence to the Convention on the Rights of
the
Child. But while the law clearly establishes the conduct that is to be adhered
to, the difficulties encountered include monitoring
such situations and
enforcing the relevant provisions due to scarce human resources. There is
public awareness of this law, but
the difficulties mentioned persist.
(d) Sexual consent
- The
age of sexual consent is provided for in the Criminal Law (Offences) Act,
chapter 8:01. The following offences apply:
- − Section
67 (Incest by female of or over 16) states: “Any female of or above the
age of sixteen years who with consent
permits her grandfather, father, brother,
or son, to have carnal knowledge of her (knowing him to be her grandfather,
father, brother,
or son, as the case may be) shall be guilty of a misdemeanour
and liable to imprisonment of seven years”;
- − Section
69 (1) and (2) states:
“(1) Everyone who unlawfully
carnally knows any girl of or above the age of twelve years and under the
age of thirteen years shall be guilty of a misdemeanour and liable to
imprisonment of five years.”
“(2) It shall be a sufficient defence to any indictment under this
section if it is made to appear to the court or jury that
the accused person had
reasonable cause to believe that the girl was of or above the age of thirteen
years”;
− Section 76 (Rape) states: “Everyone who commits rape shall be
guilty of felony and liable to imprisonment for life.”;
− Section 353 (Buggery) states: “Everyone who commits buggery,
either with a human being or with any other living creature
shall be guilty of
felony and liable to imprisonment for life.”
- There
are a number of prosecutions made under this act, disaggregated figures are not
available (refer to annex X).[*]
(e) Marriage
- According
to the Marriage Act, chapter 45:01, of the laws of Guyana (an act to consider
and amend the law relating to marriage), all
marriages celebrated between
persons forbidden to intermarry such as brothers and sisters shall be absolutely
null and void to all
intents and purposes whatsoever.
- Although
the legal age of majority is 18, section 31 (1) of the Marriage Act states
that: “Where either of the parties not
being widower or widow, or a
divorced person is under the age of twenty years, no marriage shall take
place between them until the
consent of the appropriate person or persons
specified in the Second Schedule has been first obtained.”
- Part
III of the Marriage Act, 1974 (chap. 45:01) deals with restrictions on
marriage:
“(1) A marriage shall be void if the parties or
either of them is under the age of sixteen.
“If a female under the age of sixteen years becomes pregnant or is
delivered of a child, she may apply by petition to a judge
of the High Court for
permission to be married under that age to a person under the age of sixteen
years, or, if under that age,
he admits to being the putative father of the
child whether yet delivered or not, or is adjudged by a court of competent
jurisdiction
to be the father of the child.”
The act states that a marriage thus solemnized would be declared good, valid
and effectual as if both parties had been above the age
of 18 years.
- It
is relevant to note that the Second Schedule of the Marriage Act details the
circumstances and person or persons whose consent
is required for the marriage
of an infant (as it is legally deemed) by licence without publication of banns.
These circumstances
and persons are summarized
below.
Table 1
Consent required for marriage of minor
“infant”
|
Person/persons whose consent is required
|
Where both parents are living; if both parents are living together
|
Both parents
|
If parents are divorced or separated by order of a court or mutual
agreement
|
The parent to whom the custody of the infant is committed by court order or
by agreement, or if the custody of the infant is so committed
to one parent
during part of the year, and to the other parent during the rest of the year, or
to both parents
|
If one parent has been deserted by the other
|
The parent who has been deserted
|
If both parents have been deprived of custody of infant by court
order
|
The person to whose custody the infant is committed by order of the
court.
|
Voluntary enlistment into the armed forces
- The
Convention on the Rights of the Child, article 38, paragraphs 2 and
3:
“States parties shall take all feasible measures to ensure
that persons who have not attained the age of fifteen years do not
take a direct
part in hostilities.”
“States parties shall refrain from recruiting any person who has not
attained the age of fifteen years into their armed forces.
In recruiting among
those persons who have attained the age of fifteen years but have not attained
the age of eighteen years, States
parties shall endeavour to give priority to
those who are oldest.”
- The
Defence Act, chapter 15:01, part IV, section 17 (2) states that: “A
recruiting officer shall not enlist a person under
the age of eighteen years in
the regular Force.” This is in force and there are no reports or evidence
of infringement of
this act.
Conscription into the armed forces
- There
is no reference to conscription into the armed forces in the laws of Guyana nor
does there exist any system of conscription
into the Armed Forces of
Guyana.
Voluntary giving testimony in court (art. 12), criminal
liability (art. 40),
deprivation of liberty (art. 37) and imprisonment (arts.
37 and 40)
- While
the laws of Guyana do not state precisely the age at which a child may
(voluntarily give testimony in court), it endeavours
to ensure that the
child’s privacy is protected and that the child understands the importance
of being truthful in testimony.
- Section
2 of the Juvenile Offenders Act, chapter 10:03, article 2, defines a juvenile as
a person under the age of 17 years. A young
person is defined as a person who
has attained the age of 14 years and who is under the age of 17 years.
- The
Criminal Law (Procedure) Act, chapter 8:01, defines “child” as any
person who in the opinion of the court, is under
the age of 14 years. Section 4
(1) of the former act is specific about court proceedings being conducted apart
from those of an
adult. It states:
“A Court when hearing
charges against children or young persons shall, unless the child or young
person is charged jointly with
any other person not being a child or young
person, sit either in a different building or room from that in which the
ordinary sittings
of the Court are held, or on different days or at different
times from those at which ordinary sittings are held and a Court so sitting
is
in this act referred to as a Juvenile Court.”
- It
is important to take note of parental responsibility and section 11 of the act
states:
“Where a child or young person is charged with any
offence, the Court may in its discretion require the attendance of his parent
or
guardian and may make such order as are necessary for the purpose.”
- Section
13 of the act states:
“No child or young person shall be
sentenced to imprisonment.”
- The
above references to the Juvenile Offenders Act (chap. 10:03) indicate the
conformity of Guyana’s laws to the Convention
on the Rights of the Child,
articles 37 (a), (b), (c) and (d), where imprisonment and the deprivation of
liberty are referred to.
Consumption of alcohol or controlled substances
- This
section must be read in conjunction with paragraphs 409 to 413 of this report,
which deals with drug use and narcotics. The
laws of Guyana, chapter 82:21,
titled “The Intoxicating Liquor Licensing Act” deals with this
matter.
- Section
50 of this act states that the holder of a licence under this act shall not
allow, nor shall any servant of his allow any
person under the age of 16 years
to be in any bar or licensed premises.
- Section
5 states that the holder of a licence under this act shall not knowingly sell or
allow anyone to sell, nor any servant of
his to knowingly sell, or to be
consumed on the premises, any intoxicating liquor to anyone under the age of 18
years, and no one
under the age of 18 years shall purchase or attempt to
purchase in any licensed premises any intoxicating liquor for his own
consumption
therein.
- While
this law is in place and reflects the requirement of the Convention, there are
no specific monitoring mechanisms though the
police can enforce the provisions
of this act.
- The
lack of proper enforcement of the law as it pertains to the consumption of
alcohol or controlled substances remains a concern.
A recent survey (April/May
2003), revealed that some parents regularly send children to purchase alcoholic
beverages and these under-age
persons are accepted as patrons in legally
licensed premises where alcohol is sold and consumed. The lack of appropriate
monitoring
mechanisms has already been mentioned. Most times action is only
taken by the law enforcement authorities on specific complaints,
which are
rare.
B. General principles
Non-discrimination (art. 2) of the
Convention
- The
Guyana Constitution offers protection to every person, including the child, in
its chapter on fundamental rights and freedoms of individuals (chap. III,
art.
40). It states:
“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 opinion, 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. [These rights
are reflected in
the general organization of society, in rules and government practices in
various aspects of society.]”
- Article
149 of the Constitution provides protection from discrimination on the grounds
of, among other things, race and colour. The Prevention of Discrimination
Act,
1997, Section 4 (2), provides protection against unlawful
discrimination. There can be no discrimination on the basis of race,
sex,
religion, social origin, or among other things, ethnic origin. However, an
exception exists in relation to employment of minors
(annex 9 provides the text
of this provision).[∗]
Best interest of the child (art. 3)
- Article
149 (1) of the Guyana Constitution provides protection against discrimination on
the ground of race.
- The
Juvenile Offenders Act (chap. 10:03) recognizes the fundamentals of the best
interests of the child. Other acts, namely, the
Probation of Offenders Act
(chap. 11:04) and the Training School Act (chap. 11:06) make appropriate
provision through Statutory Supervision.
- The
Infancy Act, in its chapter 46:01, makes special provisions for children’s
interest, including custody and guardianship
of infants. Such actions are all
related to the best interest of the child and the court uses this to a guiding
principle.
- The
Ministry of Labour, Human Services and Social Security applies the principle of
best interest of the child in all its programmes
i.e., adoption and children in
difficult circumstances. The Children’s Bill also stipulates that the
best interests of the
child must be paramount.
The right to life, survival and development (art. 6)
- This
right is enshrined in the Constitution of Guyana, chapter III, articles 40 and
138, and are reflected in most of the measures adapted for the protection and
development
of the child. However, article 40 is declaratory in nature and not
enforceable.
- Article
138 (1) articulates the fundamental right to life. This article
states:
“No person shall be deprived of his life intentionally
save in execution of the sentence of a court in respect of an offence
under the
laws of Guyana of which he has been convicted”.
Respect for the views of the child (art. 12)
- The
Children’s Bill makes provision for the right of the child to be heard.
While the laws of Guyana do not state precisely
the age at which a child may
voluntarily give testimony in court, it endeavours to ensure that the
child’s privacy is protected
and that the child understands the importance
of being truthful in testimony.
C. Civil rights and freedoms
- Information
from principal legislative, judicial, administrative and other measures in force
in respect of these articles all follow
the principles established in the
Constitution.
Name and nationality (art. 7)
- The
Constitution of Guyana, chapter IV, article 41, again applies to this situation.
It must be pointed out that: “Every child born in Guyana
is required by
law to be registered and is issued with a birth certificate which is an
important personal document which individualizes
the child as a citizen of the
country.”
- In
the Registration of Births and Deaths Act, chapter 44:01, section 23, places an
obligation on a child’s parents or the occupier
of the house or tenement,
to give notice of that child’s birth. Any application for registration
under this article is to
be made in such manner as may be prescribed. The draft
Children’s Bill also mandates the rights of the child to a name with
safeguards provided for name change.
- Of
concern has been the relatively moderate number of applications for registration
of births and therefore issuance of birth certificates.
This was especially so
in the outlying areas, where many children did not have an officially documented
name. These children invariably
proceeded to adulthood in this situation.
- In
2002, the National Commission on the Rights of the Child, in collaboration with
UNICEF, sponsored a campaign and distributed leaflets
on registration of births.
Over the period 2001-2003, the Registrar General’s Office, together with
the Ministry of Health,
held workshops which targeted school-age children and
mothers. The cooperation of community health centres, hospitals and community
health workers, was enlisted. The Schools Welfare Division in the Ministry of
Education also assisted in this exercise.
- Issues
covered included the importance of having births registered and giving children
names at birth. The table hereunder evidences
marked improvement.
Table 2
Country figures for registration of births
|
Births
|
1999
|
1 267
|
2000
|
1 272
|
2001
|
12 580
|
2002
|
17 688
|
Source: Registrar General’s Office.
Preservation of identity (art. 8)
- The
Children’s Bill preserves the identity of the child. A Cabinetappointed
Task Force has been established to examine a range
of issues in relation to
children.
- Further,
the Ministry of Labour, Human Services and Social Security, and the Ministry of
Health are collaborating in proposing a system
for registration at place of
birth, be it a private or public institution or a
home.
Freedom of expression (art. 13)
- The
Constitution of Guyana, chapter III, articles 40 and 146, applies fully.
Article 146 (1) of the Constitution of Guyana enshrines protection of
freedom of expression. It states:
“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”.
Freedom of thought, conscience and religion (art. 14)
- The
Constitution of Guyana, chapter III, articles 40 and 145, apply. This is
reflected, for example, in the regulations governing schools in which
children
are allowed freedom of religious belief.
- Article
145 of the Constitution also protects freedom of conscience. There are no real
guidelines provided to schools in this regard, but generally, a child’s
religion is respected.
Freedom of association and peaceful assembly (art. 15)
- The
Constitution of Guyana, chapter III, articles 40 and 147, provide this right for
all, including children. Article 147 (1) states:
“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 privacy (art. 16)
- The
Constitution of Guyana, in chapter III, article 40, “Civil Rights and
Freedoms”, ensures that legislative mechanisms are established
which would
be appropriate for adherence to the Convention on the Rights of the
Child.
Access to appropriate information (art. 17)
- Children
in Guyana are free to access the Internet, television and other media. Local
television stations, including the State-owned
station, provide appropriate
programming for children. Programmes in schools also allow controlled access to
the Internet.
The right not to be subjected to torture or other cruel,
inhuman or
degrading treatment or punishment (art. 37 (a))
- The
Constitution of Guyana affords protection to the rights of the child against
torture or other cruel, inhuman or degrading treatment through the
provisions on
fundamental rights and freedom of the individual (chap. III, arts. 40 and
141).
Concluding comments and recommendations
- The
areas identified for focus have generally been reflected in the national laws
and projected legislative goals. Two significant
factors emerge from the review
of Guyana’s laws and proposals of intent for the improvement of the status
of the nation’s
children. These are:
(a) The need to effect
appropriate implementation of the relevant laws which have been on the statute
books for a considerable period
of time;
(b) The need for constant review, updating, and modernizing of the
legislation;
(c) The need to very quickly pass into law the Children’s Bill and
Status of the Children’s Bill;
(d) The establishment of the Rights of the Child Commission;
(e) The establishment of the Family Court.
- In
1999, there was the reintroduction of the Schools Welfare Division under the
Ministry of Education. The complement of 19 schools
welfare officers throughout
Guyana, have ongoing programmes, including “Operation CARE” and day
and night monitoring
of truant children. While enforcement of the provisions of
the Education Act on compulsory primary education still remains a problem,
sensitization efforts have increased, with success more evident for girls
than
boys. The revision of the law for increased penalties remains an urgent issue
since the prosecution of greater numbers of parents
and child employers would
likely yield greater effort at compliance.
- The
Constitutional Reform Commission, among other things, made the broad
recommendation that the Constitution must reflect the terms of the Convention on
the Rights of the Child.
- The
objectives of the Convention on the Rights of the Child and Guyana’s
efforts to streamline and make its laws more effective
are to some extent
comparable and would serve the best interests of Guyanese children. In
improving the status of children, it is
recommended that steps should be taken
to ensure that pregnant teenagers are given an opportunity to complete their
secondary education.
- It
is strongly recommended that the police should continue to be specially trained
to deal with juvenile issues. A solution should
also be sought for the problem
of sexually abused children being threatened or beaten to recant their
reports.
D. Family environment and alternative care
- In
Guyanese society, the family is still the primary and leading socializing agency
in the life of the child, providing clothing,
shelter, security, nurture,
guidance, discipline and love and promoting high aspirations. It is recognized
that there are instances
of dysfunctional and broken families.
- There
are three main types of unions that are recognized and provided for under the
laws of Guyana. These are:
- − Visiting:
A union in which a woman has a regular relationship with a partner but does not
live with him or vice versa;
- − De
facto: A union in which a woman lives together with a partner to whom she is
not legally married or vice versa;
- − Legal:
A man and a woman are lawfully married.
- Other
family types recognized are the extended family, the single-parent family and
grandparentheaded household. There has been an
increase in the latter two
types. The causes of this are the breakdown in the relationship of the
child’s parents; abandonment
of the home by one parent; and, in the case
of grandparent-headed households, the increase of HIV/AIDS in parents where one
or both
die of the disease. Migration has also impacted on both
situations.
- The
measures adopted to ensure that regard is taken for the responsibilities and
duties of parents, legal guardians and other persons
legally responsible for the
child to provide appropriate direction and guidance are set out hereunder, and
provide some indications
of the legal and administrative infrastructure which
give support to the articles of the Convention.
Parental guidance (art. 5)
- The
Juvenile Offenders Act, chapter 10:03, section 12, stipulates that
parents/guardians are liable to provide proper guardianship,
control and
supervision of the child. A magistrate can order that a parent/guardian give
security for a child’s good behaviour.
- This
act also provides for a child to be taken out of the custody, charge or care of
any person found unfit to have care of the child.
In such cases the child can
be committed to the care of a relative, or some other fit person or an
institution named by the court
(sect. 17). There is a similar provision in the
Infancy Act, chapter 46:01.
- Family
counselling services, parental education service and training activities for
professional groups are available as follows:
- − The
Probation and Family Welfare Service provides probation supervision and
aftercare services for the child who has been
placed in an institution, and
counselling is done with the family to improve parenting skills. The agency
collaborates with other
agencies such as the Courts, other Social Services,
Institutions and Ministries to provide these services;
- − The
Probation and Family Welfare Service further collaborates with other agencies to
provide training for relevant professional
groups in improving the life of the
child within the family in accordance with the Convention on the Rights of the
Child;
- − The
Guyana Responsible Parenthood Association is another agency which has been
providing and continues to provide counselling
for the child and the family. It
offers a two-year programme for youths which includes counselling in sexual and
reproductive health
and family life education. There are also parental
development workshops and outreach programmes for families, relating to
women’s
issues. Regrettably, this programme will be brought to an end in
July 2003, due to a lack of resources. Other NGOs also provide
similar
services. These are the Guyana Red Cross Society, Maternal and Child
Welfare Centres, the Early Pregnancy Alert Service
(EPAS) and Family Planning
Association of Guyana (FPAG);
- − Friends
of St. Francis, based in Berbice (region 6), provides programmes similar to
those of the Guyana Responsible Parenthood
Association.
- The
Juvenile Offenders Act, in combination with the services above, has been very
effective. Stipulations in the act are in consonance
with the principles
outlined in article 5 of the Convention. This act has been successful in
curbing delinquent behaviour in the
child and serves as a means of encouraging
parents to exercise proper guardianship and control. The New Opportunity Corps,
established
in 1979, provides institutional care for children, when the courts
deem such care and protection necessary. This organization later
came under the
control of the Guyana National Service and functioned as a juvenile correctional
institution. Under the Ministry
of Culture, Youth and Sport, significant
progress has been made in restructuring and modernizing this facility. The
staff composition
has been upgraded. There have also been improvements done to
the recreational facilities, (grounds, etc.), infrastructure (water;
electricity). Better tools and equipment are now in classrooms for teaching of
technical - vocational skills. Volunteers support
the staff in counselling,
anger management, and related topics. Health-care provision has also been
upgraded. The holding centre
will shortly be opened. The remand centre, with
separate facilities for girls and boys, is still being looked at.
- More
training programmes for parents have greatly enhanced the measures in place for
meeting the requirements of article 5 of the
Convention. There is still the
need for more childcare facilities. There have been few additions, but the need
for such facilities
has increased due to increased single-parent households and
the need for both parents to seek jobs.
Parental responsibilities (art. 18)
- The
laws of Guyana give fathers and mothers the same rights to custody, care and
development of their children. The following legislative
instruments speak of
these issues:
- − Children
Born Out of Wedlock (Removal of Discrimination) Act, 1983: This act provides
for the equal status of children born
out of wedlock with those born in wedlock.
The Constitution of Guyana (art. 30) states that children born out of wedlock
are entitled to the same legal rights and status as are enjoyed by children
born
in wedlock. All forms of discrimination against children on the basis of their
being born out of wedlock are illegal;
- − The
Infancy Act, chapter 46:01: This act introduces special provisions relating to
contracts, wills and guardianship of infants.
This provides special protection
for children in various circumstances, including the event of separation of
parents;
- − The
Maintenance Act, chapter 45:03: This act makes provision for the maintenance of
children by their parents/legal guardian.
It is intended that children should
benefit from the provision of a standard of living which will offer support for
their physical,
spiritual, mental and moral development. The amendment to this
act, in 1997, increased the range in the amount of maintenance for
children.
- Enforcement
mechanisms in relation to the Maintenance Act could benefit from revision, in
that there is little recourse against defaulting
parents other than returning to
court for contempt proceedings. The above two acts will, in due course, be
repealed and provisions
in relation to infancy (guardianship) and maintenance
will be part of the Children’s and Status of the Children Bills.
- The
Juvenile Offenders Act (chap. 10:03, sect. 11) stipulates that a court can order
the parent of a child or young person who is
charged with an offence to appear
before the court and to take responsibility for the child’s actions.
- The
institutions, facilities and services for the care of children which are active
components of the system are as follows:
- − The New
Opportunity Corps (NOC) provides rehabilitation and vocational training for
young offenders who have not attained
the age of 18 years. Its average
population is 150;
- − Genesis
Early Childhood Care Centre (West Bank Demerara) provides services in the care
of small children, and also provide
educational programmes;
- − Guyana
Police Force provides care to the children of one of the most depressed areas in
Georgetown;
- − The
Mahaica Children’s Home caters for children in especially difficult
circumstances;
- − Children’s
homes: There are 22 registered homes in Guyana with an estimated population of
500. These centres are monitored
by officers of the Probation and Family
Welfare Service (see annex V);[∗]
- − Kids
First Fund was established in 2000. This NGO raises funds and assists children
who are ill and need costly treatment,
overseas in particular, for serious
ailments;
- − Family,
Youth and Children Support Services offer legal aid, training, referrals,
counselling and social services. This service
is located in region
6;
− Sapodilla Learning Centre is based in rural West Coast Berbice.
Children have access to reading programmes and library facilities.
Five hundred
and sixteen (516) full-time and part-time students have attended this centre
over the last five years. The secondary
school curriculum is followed and
students are also exposed to music, sport, first aid, and humanities. There are
plans to expand
the range of courses offered to include art and craft, drama,
and indoor sports;
− Camal’s Home for Battered Women and Children, and Alpha
Children’s Home, New Amsterdam, Berbice;
− Early childhood care and development centres: children of working
parents are benefiting from these services run mainly
by three municipalities,
religious organizations, including two centres by the Anglican Mothers’
Union, NGOs and an unknown
number of private organizations and persons in
various parts of the country. These services are not coordinated by any
government
agency and only limited statistics are available on their
operation.
- In
the Children’s Bill, there is a proposed national coordinating body that
shall serve as the coordinating agency for early
childhood education (from birth
to 3 years, 9 months). Over the years, regions 3, 4, 6, 7 and 10 have provided
training in early-childhood
education. A programme on parenting was held by the
committee utilizing a manual on parenting. Parents from three regions (4, 6
and
10) were involved. These were parents of children at day-care centres and in
nursery school.
- The
present trend of increases in the number of working mothers suggests that there
is a greater need for the development of day-care
centres. As a result of
consultations coordinated by municipal day-care services and sponsored by
UNICEF, there is now draft legislation
for these services. An early childhood
upgrading programme was formulated in 2002 by municipal daycare services and
UNICEF.
- Specific
provisions adopted for children from single-parent families and disadvantaged
groups include the Poor Relief Act (chap. 36:02)
which makes provision for the
relief of the poor. Section 23 provides for children under the age of 14 years.
This section of the
act, however, has limitations which affect families with
more than three children.
- Assistance
is also given to mothers in cases of absent fathers, due to imprisonment or
death. Fathers who are single parents likewise
receive assistance hereunder.
It is however felt that parenting skills were often required in these cases and
programmes are constantly
held by the Ministry of Human Services and Social
Security.
- One
drop-in centre for street children was established in June 1999, in an effort to
deal with the increasing number of children on
the streets. The aims and
objectives of the centre are to provide the children with a daily bath, a change
of clothing, a meal and
living skills
training.
- In
2002, independent housing for the centre was provided. This re-housed centre
now offers improved facilities; street children progress
from day-only to night
accommodation.
- A
family counselling centre is currently being attached to the centre to
accommodate the fulltime social workers who provide counselling
to children and
their parents.
- Significant
co-operation in the drop-in centre’s work comes from NGOs and also from
the Guyana Defence Force, which has seconded
a female soldier to the centre.
The ultimate goal is to reconnect the child to the family and, if possible,
return that child to
the school system and home.
- There
is a second centre which operates at a less structured level and deals with
fewer children. It is run by three volunteers.
They do some training in
literacy and make referrals as necessary.
- Various
religious organizations, including the Full Gospel Fellowship, and several
nongovernmental organizations, have “soup
kitchens” which provide
daily meals to children.
- The
Probation and Family Welfare Service in the Ministry of Human Services provides
counselling and other assistance for parents and
legal guardians in the
performance of their child-rearing responsibilities. It also collaborates with
other agencies in meeting
some of the needs of families. The critical need for
an expansion of this department and an increase in manpower to better manage
the
complexities of the services provided has to a great extent been addressed in
2002. More social workers have been recruited,
thus allowing for more places
and people to benefit across Guyana.
Separation from parents (art.9)
- In
Guyana the laws state that a child can only be removed from a parent/legal
guardian in cases where the parent/guardian is deemed
unfit as a caregiver and
the child is considered to be at risk (Infancy Act, chap. 46:01).
- In
cases of abuse or neglect of the child, the court can require the Probation and
Family Welfare Service to investigate and provide
guidance in the decisions to
be made in the best interest of the child. The final recommendation would be
based on consultation
with all parties including the child. The procedures are
all determined in the best interest of the child.
- A
female prisoner is allowed to keep her infant child. The Prison Act, chapter
11:01, section 240, states that a female prisoner
“may have her baby
with her during the normal period of lactation and longer (12 months) if
required in special circumstances”.
This is at the public expense.
- The
laws of Guyana are in general terms in consonance with article 9 of the
Convention, which deals with separation from parents,
and the State party
adheres to the principles in most instances.
Family reunification (art. 10)
- The
Constitution of Guyana and the Immigration Act, chapter 14:02, make provision
for the fundamental rights and freedom of individuals to leave and
enter the
country respectively. The Alien (Immigration) Act, chapter 14:03, makes
provision for the migration into Guyana by persons
from other countries. There
is no legislative requirement for Guyanese to re-enter Guyana.
Recovery of maintenance for the child (art. 27)
- The
Maintenance Order Facilities for Enforcement Act, chapter 45:03, gives
States parties the right to recover child support from
parents and
guardians in Guyana, England, Ireland and any part of the Commonwealth.
Limitations on the applicability of this act
have centred around the procedural
difficulties in enforcing judgements both within and outside of Guyana.
- The
Maintenance (Amendment) Act of 1997 makes payment to children not only dependent
on the salary or wages of the father, but on
his general income. However,
difficulties have been experienced in the full application of this act. It is
sometimes hindered by
the general environment of poverty, insufficient manpower
for tracking defaulters, or non-cooperation of some employers.
- There
is also a lacuna in the law in that separate proceedings, such as garnishee
proceedings, have to be filed in cases of default.
More advantage is still
taken of the legislation by mothers seeking maintenance for their children.
However, there is still a need
for less fortunate mothers to be advised of this.
The impending Children’s Bill addresses the matter of recovery of
maintenance
in significant detail.
Children deprived of their family environment (art. 20)
- The
Probation and Family Welfare Service in the Ministry of Labour, Human Services
and Social Security which is directly involved
in addressing these issues has
responsibility for children temporarily or permanently deprived of their family
environment. These
children can be placed in one of the 22 homes established by
various NGOs and churches for children in especially difficult circumstances
or
in specific instances they can be committed to the training institution, New
Opportunity Corps (recently restructured and mentioned
in part II, section G, of
this report), put in foster care or made eligible for adoption.
- The
institution of foster care needs to be developed and may be considered more
effective than institutional care as a method of providing
alternative care for
a child temporarily deprived of his or her family environment.
- In
relation to fostering and adoption, this is done collaboratively by the
Probation and Family Welfare Service, the administrator
of the Public Hospital
of Georgetown and the Red Cross Convalescent Home. Since, in most cases,
the children are abandoned at the
former, they are then referred to the Red
Cross Convalescent Home. Arrangements are then put in place to reach persons
desirous
of adopting children. Care is provided to children aged from 6 months
to 5 years. These children are cared for by a team of doctors,
nurses and
trained caregivers.
- The
Children’s Bill provides for the administration of adoptions, the making
of the order and the effects of such order. It
makes provision for placement of
children in the manner that is least disruptive for the child.
Adoption (art. 21)
- The
Adoption of Children Act, chapter 46:04, makes provision for the adoption of
children. The act stipulates that it is unlawful for any person other than the
Adoption Board, appointed by the Minister, to make arrangement for the adoption
of a child.
- The
Act prescribes that the court, before making an adoption order, shall be
satisfied that:
(a) Every person whose consent is necessary under
this act has consented to and understands the nature and effect of the adoption
order for which application is made, in particular in the case of any parent who
understands that the effect of the adoption order
will be to permanently deprive
him or her of his or her parental rights (sect. 13);
(b) The order, if made, will be for the welfare of the infant, due
consideration being for this purpose given to the religious denomination
of the
parties and to the wishes of the child, having regard to the age and
understanding of the child (sect. 11);
(c) The applicant has not received or agreed to receive, and that no person
has made or given, or agreed to make or give to the applicant,
any payment or
other reward in consideration of the adoption except such as the court may
sanction (sect. 13).
- However,
this is subject to investigation by officers of the Probation and Family Welfare
Service and competent social welfare agencies
in the non-resident
applicant’s country.
- The
court, in an adoption order, will determine such terms and conditions as the
court may think fit, and in particular may require
the adopter by bond or
otherwise to make for the child such provision (if any) as in the opinion of the
court is just and expedient
(sect. 13). The Amendment to the Act, 1997, allows
for non-resident applicants to adopt children in Guyana.
- The
Children’s Bill, 2002, has incorporated the framework of the current
Adoption Act and the latter will be repealed. The
best interests of the child
remain paramount. Safeguards are provided in the instance of application by a
person who is not domiciled
in Guyana, to furnish sufficient evidence from a
prescribed international adoption agency attesting to the applicant’s
suitability
for care of a child. The Guyanese Mission or other prescribed
person must authenticate this document. The right of the child to
be heard,
once competent, is preserved. The Registrar General would also be required to
have an adopted children register. The
safe transfer of children is also
provided for.
- Table
3 below gives a breakdown of the number of applications for adoption dealt with
by the Adoption Board for the years 1997 to
April 2003.
Table 3
Adoption applications processed
|
Total number of applications received
|
Total number of applications presented to board
|
Total number of applications approved
|
1999
|
224
|
179
|
34
|
2000
|
362
|
141
|
107
|
2001
|
388
|
175
|
118
|
2002
|
531
|
162
|
123
|
2003 (Jan-April)
|
184
|
46
|
34
|
Source: Probation and Family Service, Ministry of Labour, Human
Services and Social Security.
- Adoptions
are carefully considered and thorough checks are awaited before a final decision
is made. There are instances where further
information is sought.
Illicit transfers and non-return (art. 11)
- It
is strongly felt that research and exploration are needed in this area to
evaluate in precise terms the extent of the situation
in Guyana with respect to
the rights of the child and to examine ways in which it could be promoted in
keeping with the Convention.
While the Probation and Family Service has not had
specific cases this may be due to non-reporting, rather than to there being no
occurrences.
Abuse and neglect (art. 19), including physical and
psychological
recovery and social integration (art. 39)
- Two
studies sponsored by UNICEF have provided valuable information to assist in
formulation of policies and programmes in this area.
The publications are
“Condoned by our silence: issues impacting on the abuse of children in
Guyana” (2000), written
by Paloma Mohamed, and “Carry me
home: a collaborative study of street children in Georgetown, Guyana”
(1999), written
by Stella Odie-Ali and Judith Lee.
- The
research done for the former publication revealed that there was still a
significant lack of appreciation of all the various types
of child abuse. There
was still a weakness in some persons being unable to make the connection between
certain acts, such as starving
a child, and child abuse. Several
recommendations were posited.
- The
latter publication revealed the stark reality of the plight of street children.
The information garnered (albeit under arduous
circumstances) provides crucial
feedback which has assisted the Ministry of Human Services and Social Security
in formulating its
programmes and targets.
- In
Guyana there are a number of legislative acts prescribed to protect the child
from all forms of physical or mental violence, injury,
abuse, neglect or
negligent treatment.
- The
acts in direct relation to articles 19 and 39 are:
- − the
Juvenile Offenders Act, chapter 10:03;
- − the
Domestic Violence Act, No. 18 of 1996;
- − the
Criminal Law (Offences) Act, chapter 8:01;
- − the
Summary Jurisdiction (Offences) Act, chapter 8:02;
- − the
Education Act, chapter 39:01, which states that a parent must send a child to
school and it is an offence to wilfully neglect to do so.
- The
Juvenile Offenders Act, chapter 10:03, section 17, makes provision for a child
to be taken from the custody of an adult who mistreats,
neglects or exposes the
child to any form of abusive situation.
- The
Domestic Violence Act, No. 18, of 1996 was enacted to give legal protection to
persons who have suffered abuse or are at risk
of suffering domestic abuse.
This act addresses the issue of violence (both physical or mental) within the
home. It provides an
initial quasicriminal remedy which can extend to the
criminal jurisdiction when violations of court orders occur.
- The
Domestic Violence Act does not only allow the magistrate to protect members of
families from all forms of violence within the
household but also makes abusers
aware that there are ways to deal with the violent behaviour. There are three
types of orders that
can be used by a court to ensure the safety of a family
member or members, these are:
(a) Protection order: an order to
protect the victim and the victim’s child/children from a violent person.
The duration
of the protection order is decided by the court;
(b) An occupation order: an order based on the protection order that gives
the right to the victim and the victim’s child/children
to live in the
family’s home while an abuser must leave;
(c) A tenancy order: an order based on the protection order that vests the
tenancy of the premises in the victim and to enable the
victim’s
child/children to live in a rented house while the abuser must leave.
- The
Domestic Violence Act also makes the following provision:
(a) For
the appointment of a Director of Human Services in the Ministry of Labour, Human
Services and Social Security with responsibility
to, among other things, promote
and develop educational programmes for the prevention of domestic violence,
investigate and publish
reports on the problem; educate groups on domestic
violence and child abuse and create awareness about domestic violence. An
appointment
was made in 2002;
(b) For the assistance to victims of domestic violence (sect. 42);
(c) For the compilation of data on incidence of abuse (sect. 42 (2)).
- The
Probation and Family Welfare Service has conducted a number of awareness
programmes for professional groups, and community leaders
on child abuse and
domestic violence.
- In
2000 and onwards, workshops on child abuse and domestic violence were also held
with the staff of the above service, teachers and
the police. The aim was to
strengthen capabilities in early detection and skills to tangibly help victims;
and to develop a clear
comprehension of the procedures to be used to be
effective.
- The
Pan-American Health Organization (PAHO) also sponsored, in 2001, a seminar on
child abuse for health practitioners at all levels.
This seminar focused on the
problem of child abuse: the legal aspects, the psychological effects, referrals
and follow-up action.
In May 2003, there was a training seminar held for
magistrates on the implementation of the Domestic Violence Act, 1996.
- There
has been an appreciable response to these measures, as is evident in the notable
increase in reports of suspected cases of child
abuse and child neglect. It is
recognized, however, that increased reports is not necessarily an indication
that there is increased
child abuse and neglect.
- The
Summary Jurisdiction (Offences) Act, chapter 8:02, states
that:
“Anyone who, being the guardian of any child:
(a) Wilfully ill-treats, neglects, abandons, or exposes the child in a
manner likely to cause it unnecessary suffering or injury
to its health; or
(b) When the child is ill and needs attendance or provision and being able
to procure or provide it, wilfully neglects to procure
for the child the
attendance of a duly qualified medical practitioner, or to provide the child
with suitable medicines and medical
comforts and with proper food, shall be
liable to a fine or to imprisonment for six months” (sect. 23).
- The
Criminal Law (Offences) Act, chapter 8:01, states
that:
“Everyone who unlawfully and carnally knows any girl of
or above the age of twelve years and under the age of thirteen years
shall be
guilty of a misdemeanour and liable to imprisonment for five years” (sect.
69).
and
“Everyone who unlawfully and carnally knows any girl of or above the
age of twelve years, whether he believes her to be of
or above the age or not,
shall be guilty of felony and liable to imprisonment for life” (sect.
70).
and
“Everyone who, being the guardian of a child:
(a) Wilfully ill-treats, neglects, abandons or exposes the child, in a
manner likely to cause it unnecessary suffering, or injury
to its health;
(b) When the child is ill and needs attendance and provision and being able
to procure or provide them, wilfully neglects to procure
for it the attendance
of a duly qualified medical practitioner, or to provide it with suitable
medicines and medical comforts and
with proper food, shall be guilty of a
misdemeanour and liable to a fine or imprisonment [...]”
Periodic review of placement (art. 25)
- There
are currently no legislative requirements for regular review of children placed
in institutions, but administrative arrangements
are in place for this at the
State training institution for young offenders (i.e., the New Opportunity
Corps).
- Officers
of the Probation and Family Welfare Service, along with training officers of the
now Ministry of Culture, Youth and Sport,
are involved in the preparation of
progress reports on all detainees. However, it has been noted that there is
need for a more systematic,
periodic review of placement of children in
institutions, particularly in the private homes established for children at
risk.
- Under
Part IX of the Children’s Bill, which deals with childcare and
child-minding services, provision has been made for the
establishment of a Child
Care Services Board. This body of six persons will have the legislative and
discretionary mandate of issuing
a certificate of registration to all
caregivers, whether institution or individual.
- Additionally,
in the draft provisions on placement of children, it is mainly provided that
these matters should be done with least
disruption to the child (preferably a
family member). There should be placement with siblings and contact should be
kept with family
and other persons who are significant to the child.
Arrangements with caregivers when a child is placed must be carefully made and
can be revoked by the director or social worker if necessary. Counselling of a
child in these circumstances is mandatory.
- The
absence of relevant statistical data, appropriately disaggregated, means that no
additional information could be provided on the
groups as required.
- This
situation highlights the problem of inadequate data collection. This limitation
is currently being addressed in the Government
of Guyana/UNICEF five-year
programme of action. In 2003, the Statistical Bureau, Ministry of Finance,
began spearheading a project
to train its staff and that of other relevant
ministries and agencies in the collection, collating, analysis and
disaggregation of
statistical data.
Final comments
- The
existing Law pertaining to Family Environment and Alternative Care is to some
extent in harmony with the Convention.
- The
Probation and Family Welfare Service in the Ministry of Labour, Human Services
and Social Security has been intensifying its programmes
this year and in the
coming years towards promoting the rights of the child in keeping with the
Convention. The aim has been to
provide more counselling and training for
parents, in an effort at improving parenting skills, and this has been done. An
expansion
of the collaborative work with other professional agencies and groups
to ensure that the Convention on the Rights of the Child not
only is adhered to,
but is also sustained at local and national levels, is also a major aim of the
programme.
- This
will, however, require appropriate human and financial inputs if the plans
envisaged are to become a reality.
- The
work of the newly established Visiting Committee (established by the Ministry of
Human Services and Social Security) to oversee
foster care homes’
administration should be given sufficient resources to ensure that it can
function effectively.
- There
is urgent need for suitably disaggregated statistical data on child-abuse cases
and children placed in institutions, to accommodate
intervention in the
operations of private homes established for children at risk. Opportunity for
analytical research on whether
the increased reports of child abuse and child
neglect connote a genuine increase in such cases, would also be useful.
- There
is also a need for a day-care service for children with special needs, i.e.,
children in the birth to 3 years, 9 months, category
who are seriously
incapacitated. In this regard it is recognized that the success of such a
venture depends on there being the best
possible collaboration of parents and
caregivers, with the latter receiving specialized training.
- The
combination of legislative, judicial and administrative measures is geared
towards positive adherence to the articles of the Convention.
Some of the
limitations which still exist are manifested in the areas of enforcement of some
laws, and the nationwide unavailability
of some services which are still mainly
concentrated in the urban or semi-urban societies. In some instances, the
applications of
measures are frustrated by inadequate human and financial
resources. Notwithstanding these limitations, there have been, undoubtedly,
gains in adherence to the requirement of the Convention.
E. Basic health and welfare
- Information
from principal legislative, judicial, administrative or other measures in force
in respect of survival and development
(art. 6, para 2):
- − The
Constitution of Guyana, chapter III, article 40, which is cited in
paragraphs 136 to 137 of this report, makes provision for
measures to be adopted
for the protection and development of the
child. This is directly relevant to article 6 of the Convention
(see comments on article
40);
- − Additionally,
paragraphs 203 to 217 cite further protective legislative measures intended to
protect the child from all forms
of physical or mental cruelty, torture,
violence, infant abuse, neglect and ill-treatment. Further protection of
relevance to this
article is covered in paragraphs 163 to 167 which deal with
responsibilities of parents and guardians and cites the Juvenile Offenders
Act;
- − Further
detail on measures taken and being taken in relation to health, is dealt with in
paragraphs 241 to 267 of this report.
Disabled children (art. 23)
- Under
the laws of Guyana, chapter 39:01, provision is made for children with
disabilities. Accordingly, steps have been taken to
ensure their accessibility
to appropriate training and education. To address their special needs,
programmes were put in place to
facilitate the training of persons so as to
ensure that children benefit in a direct way, in all programmes specially
provided for
them. The Polio Rehabilitation Centre continues to provide crucial
services in this context.
- The
National Commission on Citizens with Disabilities has a policy in place that, as
far as it could, would promote and encourage
programmes and actions for such
children.
Special education
- Special
education is offered in a number of special institutions catering for students
whose needs could not be adequately met in
the regular classroom. These
students are mostly the physically and/or mentally challenged, the socially and
emotionally deprived,
or the visual and hearingimpaired.
- Students
enrolled in special-education institutions follow curricula that provide for
primary through secondary programmes. Their
ages range from 6 years to 18
years. There are four special schools located in Georgetown, the capital city.
There are also special-needs
schools on the East Bank of Demerara and in
New Amsterdam, Berbice. These schools cater to:
- − Deaf or
hearing-impaired and mentally challenged children and young adults;
- − Children
diagnosed as having learning
disabilities;
- − Children
who are socially deprived and emotionally disadvantaged;
- − Blind
or visually impaired children.
- Outside
of the capital city there are three recognized schools/institutions which
provide similar programmes. Together they serve
an estimated 90 children.
- The
Ministry of Education will shortly appoint a senior officer in the ministry with
responsibility for special education. This special
desk will coordinate
national activities related to special education. A committee will also be
resuscitated in the short term and
will comprise technical experts to address
issues in special education. It has also been recognized that the syllabus at
the teachers’
training college needs to be reviewed in this
context.
Special homes
- There
are two special homes for children with a range of physical disabilities. These
are: the Cheshire Home for spastics; and the
Ptolemy Reid Rehabilitation Centre
for children and young adults who are physically handicapped.
- In
addition to these initiatives, the Government of Guyana, as a further
demonstration of its commitment to the promotion of the right
of persons with
disabilities, established a Special Committee to formulate a National Policy on
the Rights of People with Disabilities.
This policy was developed with the full
participation of the various organizations that represent people with
disabilities and the
relevant non-governmental organizations. It was drafted in
a series of workshops held between November 1994 and July 1996, utilizing
a
methodology developed by the Caribbean Initiative on Quality and
Non-Discrimination and organized by a steering committee made
up of
representatives from the Guyana Trades Union Congress, the Consultative
Association of Guyanese Industries, the Guyana Coalition
of Citizens with
Disabilities, the Guyana Human Rights Association, the National Rehabilitation
Committee and representatives of
the Government of Guyana.
- The
Commission on Persons with Disabilities, established in 1997, has been
monitoring the implementation of the National Policy on
the Rights of People
with Disabilities.
Health and health services (art. 24)
- The
Ministry of Health has primary responsibility for the delivery of health care
and health services throughout Guyana. Provision
also exists for private
hospitals to deliver health care, based on a set of principles and guidelines
established by the ministry.
Private hospitals do provide such care. Clinics
have been set up throughout the country to augment the care offered by the main
hospitals and the number has grown over the last three to four years.
- The
principal focus of the Ministry of Health in fulfilment of obligations under the
CRC, is the countrywide Maternal and Child Health
Programme. The policy of a
family-oriented Maternal and Child Health Programme has been adopted. Further,
in August 1999, Guyana
introduced the Integrated Management of Childhood Illness
(IMCI) programme. In collaboration with PAHO/WHO and UNICEF, training
has been
done regionally to allow for its
- full
implementation. Through IMCI, Guyana has adopted a strategy of holistic care
and practices, in order to reduce children’s
deaths caused by illness.
Further regional training is planned in 2003.
- While
the Ministry of Health is responsible for the Maternal and Child Health
Programme, PAHO/WHO and UNICEF (and previously SIMAP
(Social Impact Amelioration
Programme) and the Municipality of Georgetown) provide financial, technical and
collaborative support
for the delivery of many of these programmes. The goal of
the Maternal and Child Health Programme is to ensure that women and children
obtain basic health care necessary for growth and development. Additionally,
health posts provide basic health services for other
members of the family.
This programme is largely executed by “Medex” and senior health
visitors, who have been specially
trained to administer these services.
- The
child health-care system in Guyana is a component of the larger Maternal and
Child Health Programme. Its specific goals are to
ensure that each child
receives a level of health care which would facilitate its growth and
development; the reduction of the infant
mortality rate; and the eradication of
childhood diseases through its immunization campaigns.
- Immunization
is an integral component of the child health-care system and programmes are
consistently applied throughout the country.
The immunization programme was
further upgraded in 2000 with the introduction of the pentavalent vaccine.
Together with the other
vaccines and boosters already being issued, children are
now protected from 11 antigens.
- The
programmes provided, some of which have been concluded or are ongoing, are as
follows:
- − Polio
eradication: Through intense surveillance and immunization activities, Guyana
has successfully eradicated polio from
the country. The last reported case of
poliomyelitis was in 1962;
- − The
Integrated Management of Childhood Illness (IMCI): This programme supports the
holistic approach to management of childhood
illness;
- − Oral
rehydration therapy: This has been introduced at primary, secondary and
tertiary levels of health care, thus reducing
the incidence of deaths from
diarrhoeal diseases in children under 5 years old. This treatment is now a
component of the IMCI programme
and is ongoing;
- − Control
of neonatal tetanus: There has been no reported case of neonatal tetanus over
the last 20 years. This has been achieved
through an active immunization
programme for children under 5 years old as well as the inclusion of DPT and DT
vaccines as compulsory
for all children 5 to 15 years old and the introduction
of tetanus toxoid to nonimmunized pregnant women during the second trimester
of
pregnancy;
- − The
anthelmintic programme was successfully carried out in over 50 schools in seven
regions for all levels; 150,000 children
were beneficiaries. The Rotary Club
provided the appropriate medication;
- − National
Immunization Programme: Vaccines are given free to the general public at all
government health facilities and municipal
health centres;
- − Baby
Friendly Hospital Initiative: Guyana has adopted and ratified the Baby Friendly
Hospital Initiative. This programme
has so far been successful and is
constantly augmented. It was strengthened in 2002 by introduction of the
mother-to-mother support
group. This programme has, however, only been
implemented in the capital city and its environs;
- − Prevention
of mother-to-child transmission of HIV was formally implemented
in 2001. The National AIDS Strategic Plan was
formulated in 1999
and updated in 2002.
- The
establishment of an Inter-American Development Bank (IDB)/Government of Guyana
health policy and institutional development programme
in 1999 has resulted in
additional programmes to benefit the health sector and, by extension, children.
These are:
- − Research
on and examination of health systems to improve the levels of services;
- − Programmes
on primary care in health centres;
- − Strategic
planning for the health sector in relation to the workforce;
- − Production
of a National Health Plan for implementation over the period 2003-2007. This
plan has had the input of NGOs and
the health sector;
- − Consultations
with the thematic group including PAHO, UNICEF, CIDA, to ensure better
coordination and use of resources;
- − Development
of a concept document on adolescent health as a basis for the establishment of
an adolescent unit in the Ministry
of Health. USAID will provide tangible
support;
- − Introduction
of a screening programme in schools to detect learning disabilities and
attention deficits. Age-specific times
are to be set at all levels to activate
the screening process;
- − A
programme on HIV/AIDS-Substance Abuse is to be launched;
- − In
2003, a Basic Nutrition Programme will begin to
address:
(a) Malnutrition in children of 6 to 24 months.
(To be done over a fouryear period),
(b) Anaemia in pregnancy and effect on the child at birth, and
(c) General education for mothers on nutritious diet and techniques in
breastfeeding.
Child mortality
- Data
on infant mortality rate indicate that there has been a fluctuation over the
period 1992 to 2000. The goal has been to reduce
the infant mortality
rate progressively. In 1992, the infant mortality rate was 42.9 per
1,000 live births; 22.9 per 1,000 live
births in 1998, and 54
per 1,000 live births in 2000. Malnutrition, anaemia and, recently,
malaria, are the main causes. Further
examination is being done.
- Acute
respiratory tract infection, in particular pneumonia, represents the leading
cause of child mortality and morbidity in Guyana.
The number of deaths in
children 5 years old and under due to acute respiratory tract infection has been
reduced from 66 in 1995
to 59 in 1998. The objective was to further decrease
this by 3 per cent by the end of 1999.
- The
MICS, however, states that infant and under-5 mortality rates for 2000 are 54
and 72, respectively, per 1,000 live births.
- The
increase in cases of HIV/AIDS infection in children is fast becoming a cause for
serious concern (as evidenced by the statistics
below). It is primarily the
Georgetown Public Hospital Corporation that currently provides medical care for
children in these circumstances.
Table 4
Child mortality and morbidity, 1995-1998
|
1995
|
1996
|
1997
|
1998
|
Annual number of deaths due to ARTI under 5
|
66
|
57
|
70
|
59
|
Annual number of under-5 deaths
|
699
|
587
|
630
|
527
|
Annual number of neonatal tetanus
|
0
|
0
|
0
|
0
|
Under-5 deaths from measles
|
0
|
0
|
0
|
0
|
Annual number of cases of polio
|
0
|
0
|
0
|
0
|
Source: Statistical Department, MOH.
Nutritional status
- Maternal
and Child Health Department data for 1998 indicates that 16 per cent
of children under 5 years old were underweight while
4 per cent
of them were overweight. The MICS 2001 data compares favourably to that of
the above-mentioned survey.
- The
Micro-Nutrient Study of 1997 in Guyana showed that 10.1 per cent of
the children under 5 were stunted, 11.5 per cent exhibited
evidence of wasting and 11.8 per cent were underweight.
- In
2002, a nursery school survey and a food consumption survey were held for
children aged 3-5 years. These resulted from collaborative
efforts of the
Food Policy Division of the Ministry of Health, PAHO, and the Caribbean Food and
Nutrition Institute (CFNI). Results
were
- published
in May 2003. On nutritional status, it was revealed that malnutrition remains a
problem and it appears to occur in the
children in the older category, i.e.,
60-71 months: 8.3 per cent of children were wasting;
9.8 per cent were stunted and 14.2 per
cent underweight. It
was observed that the educational level of the caregiver impacted on the
children’s condition with more
areas for concern arising in instances
where the caregiver was less educated, e.g., where the caregiver had only
received primary
level schooling, 15 per cent were underweight;
14.6 per cent stunted and 0.8 per cent wasting.
- The
response to this situation has been the continuous programmes mounted by
maternity and child health clinics to guide parents on
good food and nutrition
practices.
Low birth weight
- Data
from the Ministry of Health indicates a steady decline in the percentage of low
birthweight live births: from 14.2 and 12 per
cent in 1997 and 1998,
respectively, to 10.5 per cent in 2002.
Anaemia
- Iron
deficiency continues to be a major problem in Guyana. In the micronutrient
study, 1997, deficient haemoglobin levels were 29.9
per cent in
pregnant women, 20.8 per cent in the 04 age group and
15.5 per cent in the 5-14 age group. Based on this data, plans
were
implemented for food and drug supplementation for children under 5 years and
pregnant women. Also a mass anthelmintic programme
continues for school-age
children. The 2002 research revealed that anaemia affected
69.7 per cent (ages 36-47 months); 26.2 per
cent (48-59
months); and 27.2 per cent (60-71 months).
- The
PAHO/CFNI/Ministry of Health workshop held in May 2003 recommended that
programmes focusing on nutrition needed to continue, with
targets being the
children worst affected. The SIMAP programme initially provided food
supplements to a number of primary schools
in an effort to arrest this
deficiency in children. Additionally, since 1994 steps have been taken to make
ironenriched flour widely
available and this distribution has continued.
- Education
programmes are ongoing in this area carried out by the Food Policy Division of
the Ministry of Health. The SIMAP programme
in this area has been terminated.
The Ministry of Health has, however, acquired hemocues (i.e., medical equipment
to test haemoglobin
levels). Training in its use is currently being done prior
to implementation.
- It
is recognized that poor dietary practices substantially contribute to anaemic
conditions. Iron absorption is therefore inhibited
or decreased. Leaflets and
posters are regularly handed out regionally on selection of foods and principles
in combining them.
- One
of the recommendations of the PAHO/CFNI/MOH workshop was that the correct
children must be caught and intervention taken early,
to arrest the
problem.
Malaria
- For
some regions in Guyana, in particular region 8, malaria has become a threat to
the health of all, especially children. The Ministry
of Health is engaged in
ongoing educational programmes to assist parents with the knowledge on the
prevention and treatment of this
illness. Regional hospitals and health clinics
are also equipped to do tests for malaria and to administer appropriate
medication.
Immunization
- The
immunization programmes have been relatively successful over the last eight
years in Guyana. Overall immunization trends have
generally moved upwards
over the period from 1995 to 1998. This continued from 1999 onwards
with improved statistics in support
of those conclusions. In 2000 the
pentavalent vaccine was introduced. The vaccines generally continued to offer
children further
protection against 5 to 11 antigens. However, it should be
noted that given the huge land mass and difficult terrain and the virtual
inaccessibility of some sparsely populated areas it is not easy to attain
100 per cent coverage.
Table 5
Immunization coverage in Guyana 1999-2002 (in
percentage)
|
1999
|
2000
|
2001
|
2002
|
Goals 2000
|
BCG under 1 year
|
92
|
93
|
95
|
91
|
100
|
OPV under 1 year
|
84
|
79
|
90
|
90
|
100
|
DPT under 1 year
|
85
|
88
|
83
|
87
|
100
|
* MMR 12-23 months
|
87
|
86
|
91
|
92
|
95
|
Pregnant women
|
82
|
81
|
-
|
-
|
80
|
Pentavalent
|
Not yet applicable
|
Not yet applicable
|
85
|
91
|
-
|
Yellow Fever
|
92
|
-
|
90
|
92
|
-
|
Source: Maternal and Child Health Department, MOH.
* MMR from 2002 is being administered at 12 months.
- Programmes
proposed for women and child health include:
- − Attainment
of Baby Friendly Hospital Status in all hospitals;
- − Programmes
on women’s and children’s health;
- − Revision
of the National Breast Feeding Policy to include young child feeding;
- − Prohibiting
the distribution of free breast milk substitutes to maternity hospitals and
health centres;
- − Food
Supplementation Programme for undernourished children at selected health centres
and nursery and primary schools;
- − Implement
routine screening for all pregnant mothers so as to decrease motherchild
transmission of HIV/AIDS;
- − Training
community health workers;
- − Improved
delivery of water and sanitation programmes to every area of the country;
- − HIV/AIDS
infant feeding, counselling and training sponsored by
UNICEF.
Maternal mortality
- Trends
in the maternal mortality rate revealed a fluctuation over the last three
years.
Table 6
Data on maternal mortality (number of deaths
per
100,000 live births)
|
2000
|
2001
|
99.5
|
133.3
|
91.7
|
Source: Ministry of Health.
- Trends
in the health sector have varied over the last five years. With health sector
reform it is hoped to see an improvement in
all health indicators. This reform
will in part come from the IDB/Guyana Health Sector Policy and Institutional
Strengthening Programme.
- The
extensive nature of the maternal and child health programme provides an
innovative approach which aims at including the entire
family. This
demonstrates Guyana’s concern for the health care of the entire
family and by extension its citizens. The services
delivered across the country
are to some extent in keeping with the requirements of the Convention. It is
however recognized that
much more needs to be done in terms of the full
implementation of the healthcare programme.
Social security and childcare services and facilities (arts. 18
and 26)
- In
responding to the problem of street children, the Ministry of Labour, Human
Services and Social Security has initiated a programme
aimed at providing
shelter, training, and a rehabilitation programme, with the ultimate objective
of reuniting children to families
wherever possible. This programme is being
implemented through the Drop-in Centre.
Social security and other benefits
- The
Poor Relief Act, chapter 36:02 of the laws of Guyana, seeks to address the needs
of the less fortunate in the society and to ensure
that provision is
made for financial assistance. Section 23 (1) of this act
specifically states:
“Every aged or infirm person and every
child under the age of fourteen years (children in any training school
excepted) who
are destitute and unable to earn sufficient for their maintenance,
shall be entitled to relief from the funds of the disposal of
the Commissioners
who constitute the Board of Poor Law Commissioners.”
- The
Ministry of Human Services and Social Security has as one of its mandates, the
provision of various forms of social assistance,
as directed under the Poor
Relief Act. The beneficiaries of such assistance are destitute families,
including children.
- Persons
in difficult circumstances also benefit from school feeding programmes run by
churches and non-governmental organizations
in collaboration with schools.
Uniforms are also provided to needy children identified by criteria set by the
Ministry of Education.
Article 27 (para. 3)
- The
Government of Guyana, in recognition of the state of economic deprivation
experienced by a significant section of the population,
has introduced several
measures under its Poverty Alleviation Programme. Parents who are identified as
being in difficult economic
circumstances are able to access assistance in the
form of school requisites, books, clothing and other related forms of assistance
through a programme jointly administered by the Ministries of Education and
Human Services and Social Security. Additionally, the
Ministry of Education
provides subsidies for examination fees for certain children based on a means
assessment.
- In
addition to the provision of school requisites for children there are feeding
programmes provided by Government as well as churches
and social organizations,
in many primary schools. These enable access to a balanced diet by a number of
children.
- Children
are usually identified for these programmes by a liaison system between school
leaders and benefactors. The test for benefit
is the hardship circumstances of
the child.
The nature and extent of cooperation with local and national
organizations, both government and non-governmental
- Over
the years the Government of Guyana has been involved in a high level of
networking and consultation with various local non-governmental
organizations
and with national government agencies. As a preliminary step towards pursuing
the legislative process intended to
promote the welfare of Guyanese children,
consultations are regularly held with professional bodies and with organizations
so that
appropriate laws might be enacted. This situation is best demonstrated
by the consultations held with relevant professional bodies
and the general
public in respect of the Medical Termination of Pregnancy Act. Similarly,
amendments to the Narcotics and Psychotropic
(Substances Control) Act and the
Motor Vehicle and Road
- Traffic
Act, chapter 51:02, benefited from consultations with a number of groups. The
consultation on constitutional reform stands out as being
the most comprehensive
and farreaching consultation pursued in recent times.
- This
level of cooperation has crossed all partisan, political, religious and cultural
lines and serves as a model for the fullest
measure of participation at various
levels and generally sensitizing various groups to the Constitution.
- Reference
ought to be made also to the National Policy on the Rights of People with
Disabilities, as mentioned above, where diverse
consultations with a number of
organizations were conducted.
- Consultation
as a means of involving relevant organizations and stakeholders has also been
applied to matters concerning the rights
of the child. Since 1991, conferences,
seminars and workshops have brought together representatives of government
agencies and nongovernmental
organizations to deliberate on issues concerning
the rights of and status of children. These include:
- − Childcare
services: the Children’s Bill, 2002, has made provision for childcare
services and related facilities. However,
the Constitution of Guyana and the
Municipal and District Councils Act, chapter 28:01, currently stipulate that
such services be provided.
- The
municipality of Georgetown, the capital city, has established a number of
day-care centres with facilities geared to assist parents
in the provision of
quality childcare service. It is also the view of some advisers that it is
crucial in nurturing a culture of
morals and to provide protection from
injurious information.
- Traditionally,
and particularly in the rural areas of Guyana, the extended family served as the
mechanism through which children were
cared for while parents were at work.
However, it has been noted that a few private agencies, largely industrial and
commercial
houses, have been providing day-care facilities for their staff.
There is also an increasing number of private individuals who have
been
providing such services.
- The
existing situation with respect to day-care facilities is recognized as being
inadequate since there is still a demand for care
of children, particularly
those of single parents. Consequently, over the period 2000-2002, a Plan of
Action was developed by the
municipal daycare service and UNICEF. This plan
includes training of supervisors and caregivers and upgrading of skills of the
latter;
capacity-building for staff; improving procurement knowledge and
capability; sharing parenting skills; and standardizing the quality
of
service.
F. Education, leisure and cultural activities (art.
28)
- The
principal legislative and judicial measures which underpin education in Guyana
are as provided in the Guyana Constitution, the laws of Guyana and the Education
Act.
- The
Draft Education Bill is, however, still to be placed before Parliament. It
makes legal provision for all matters relating to
education.
- The
proposed five-tiered structure, into which the education system is to be
organized, remains unchanged. In the meantime, there
has been, over the last
four years, definitive action and policies to strengthen, in particular, the
early childhood programme in
all important spheres. These are as
follows:
- − Intensification
of the early-childhood programme at the Teachers’ Training Institution
(Cyril Potter College of Education);
- − This
training includes exposing primary-school trainees to early childhood education
in a manner that makes it easier for
a trainee to progress from the nursery to
primary level;
- − Implementation
of the concept of placing the best teachers at the foundation years;
- − Assignment
of an Assistant Chief Education Officer for early childhood education;
- − Revision
of the curriculum, to emphasize literacy and numeracy in the earlier years;
- − Provision
of a blueprint for physical conditions in construction or renovation of schools
in all the regions;
- − As a
special component, an initiative has begun to teach parents the principles of
early stimulation of the child. This is
being done in instances where the child
lives far away from a school.
- In
addition to the stages of education named above, there shall be
provided:
(a) Technical and vocational education and training which
shall consist of full-time or part-time education, and education on a
day-release
basis in such technical and vocational subjects as may be specified
by the Chief Education Officer from time to time;
(b) Special education which shall consist of the education provided in
special schools and special classes suitable to the requirements
of pupils:
(i) Who are deaf, mute, blind, retarded or otherwise differently able;
(ii) Who have failed to attain the level of education required of children of
that age;
(iii) Who have offended against the laws of Guyana;
(iv) Who are gifted, i.e. children who demonstrate exceptional aptitude when
compared with the required level for their age.
- There
shall be provided facilities for non-formal education which may consist of
parttime education and leisure-time activities in
ordained academic, technical,
vocational, cultural and recreational fields.
- The
education systems comes under the administration of the minister who is
supported by the Permanent Secretary.
Education, including vocational training and guidance (art.
28)
Compulsory primary education
- The
minimum age of admission to a primary school is 5 years 9 months. The primary
programme is structured to provide literacy and
numeracy skills for pupils
within the system. It is normally of six years duration.
- Apart
from the formal classroom teaching of academic subjects, the students are
exposed to activities such as physical training, athletics
and related subjects.
Competitive athletics programmes are widely promoted.
- The
average percentage attendance in primary schools in the 1997/98 school year
was 78.6 per cent with an almost equal percentage
of males and
females (77.7 and 77.6 per cent, respectively). In 2000,
according to the MICS, the total percentage of males attending
was 97.4 per cent, and 98.1 per cent for females (see
annex XVI).[*]
- It
is noted that, given the reality of the limited teacher resources available, the
average student per teacher ratio was 55:1, with
the ratio being higher at the
primary level and lower at the secondary level of the school system.
Secondary education
- Secondary
education is available via two types of secondary programmes. Their function is
to provide students who have completed
primary education with opportunities to
acquire the skills and attitudes that would equip them for beneficial employment
and/or entry
into institutions of higher learning.
- The
two types of secondary programmes are:
(a) A four- to five-year
programme which is based towards the acquisition of prevocational skills;
(b) The multilateral programme, which is done in the general and community
high schools. These prepare students to write the Caribbean
Examination Council
(CXC) examination or the Ordinary Level (Cambridge Examination) at the end of
five years. This programme is
more academically oriented.
- Senior
secondary schools admit students with the required academic record to their
Sixth Form and at the end of two years, these students
write Advanced Level
(Cambridge Examinations) as well as the Caribbean Examination Council Advanced
Proficiency.
- In
the school year 1999/2000 the average attendance at secondary schools
was 78.1 per cent male and 79.9 per cent female with a
total
average of 79 per cent. The average student/trained teacher
ratio was 32:1.
- In
the secondary department of primary schools, average attendance was 59.2
and 63 per cent for males and females, respectively.
The total
average was 61.1 per cent.
- In
view of the need to improve the quality, relevance, equity and efficiency of
education in this country a Secondary School Reform
Project (SSRP) funded by the
World Bank continues with the ultimate aim of improving the entire secondary
school system.
Curriculum
- In
addition to the regular academic subjects, drama, art and craft, sports and
games are also available in the secondary schools’
programme - thus
providing opportunities for the artistic and creative expressions of children
and the development of their varied
talents.
- There
is constant revision of the curriculum. A learning-outcomes exercise in the
core subjects at the primary level, is done. There
is a national timetable for
nursery level. One for primary level is to be validated.
- To
better enforce the curriculum, the “Escuela Nueva” (EN) model has
been successfully introduced. The GBET and GUIDE
programmes are also being
implemented. The former programme targets teachers in regions 1, 7, 8 and 9,
with the aim of improving
the quality of teachers. The latter programme targets
teachers in the deep “riverain” areas.
- There
is also the Guyana Education Access Project (GEAP) pilot project in region 6 and
the Basic Education and Management Support
(BEAMS) programme.
- In
2003, the unit on HIV/AIDS was introduced as a component of the schools’
curriculum. This introduction is part of a programme
sponsored by UNESCO aimed
at all schools and children who are out of school.
- Given
the structure of the curriculum and the varied co-curricular activities the
school programmes at secondary and primary levels
may be considered to be
generally in keeping with the terms of the Convention.
Vocational, technical and guidance
- Vocational
skills which encompass industrial arts, home economics, agricultural science,
etc., are offered in those secondary schools
which have the facilities for the
teaching of the relevant skills. These subjects are also taught at practical
instruction centres
which serve clusters of schools that have no specialist
facilities of their own.
- Additionally,
technical education and vocational training at the post-secondary level are
offered in four technical institutions,
and these have continued to target
students who have left the secondary school and street children.
- The
Government, in collaboration with a few non-governmental agencies, continues a
series of “craft courses” for out-of-school
youths, especially in
communities where such courses are not on the schools’ timetable.
- A
total of 2,500 students were on the rolls, during 1998/2000, in these technical
programmes which are conducted in various parts
of the country, for both males
and females. Programmes are offered both on a part-time and full-time
basis.
- The
Ministry of Culture, Youth and Sport has sponsored training in
technical-vocational skills through the Youth Entrepreneurial Skills
Training
Programme (YEST). The curriculum for this programme is aimed at engendering
cultural expression among children. Vacation
camps in various regions also help
to hone these skills.
- Skills-training
facilities have also been set up in three regions. Further training at the
Kuru-Kuru Training Centre is awarded to
some participants of the regional
training. Educational tours continue to be a feature in the
curriculum.
Guidance
- The
reintroduction of guidance programmes into the school curriculum has been
gradual. The Schools’ Welfare Division of the
Ministry of Education, has,
to some extent, been able to do this by appointing identified teachers as
welfare officers and guidance
counsellors, in primary, secondary and
post-secondary institutions.
- Members
of staff of the above Division in the regions, perform the duties of guidance
counsellor. It has not as yet been possible
to assign guidance teachers in
schools.
Higher education
- Tertiary-level
education programmes are conducted at the Cyril Potter College of Education and
the University of Guyana.
- The
Teacher Training College (Cyril Potter College of Education) provides programmes
at the in-service and pre-service levels for
which students with the required
qualifications are accepted. The in-service programme is geared for the
on-the-job training of
personnel who are already serving as teachers. The Cyril
Potter College of Education now provides tutoring in regions 3 and
6.
- The
University of Guyana offers courses leading to undergraduate and postgraduate
degrees as well as certificates and diplomas in
various disciplines. The latter
are specifically geared to providing some of the skills required by government
agencies and private
corporations.
Distance education
- Distance
education is also used as a component of the teaching programme at the primary
level in some schools. The Institute of Distance
and Continuing Education
offers a varied set of subjects and courses to persons 16 years and over. These
programmes are offered
throughout Guyana and adopt distance-teaching methods to
reach persons in outlying areas.
- Specially
produced radio programmes entitled “Broadcast to Schools”, are
beamed to schools within a certain radius. These
programmes give effect to
specific aspects of the curriculum.
- A
recent development has been the introduction of educational programmes for
television. This indicates that the use of videos in
education is becoming
increasingly popular as a teaching method.
- Formal
educational programmes are all presented in standard English, which is the
language used on formal occasions throughout Guyana.
- Educational
tours of significant sites have been introduced as a feature of the schools
programme to supplement various instructional
programmes and stimulate interest
in the history and development of the society.
Recommendations
- The
State, through the Ministry of Education, should provide a monthly newspaper
supplement to apprise parents, children and the public
at large of issues
pertaining to changes in the education system and the implications for
children.
Regular attendance and dropouts
- In
1997/98 the average regular attendance at the primary level is reported to
be 78.6 per cent, which indicates that 21.4 per cent
of
the school population of 101,907 children was absent from school in that period.
Many of these children had actually dropped out
of the school system, even
though under the age for employment (15 years), and are generally employed in
contravention of the law.
Statistics attached hereto as annexes do not reflect
a significantly altered position. This situation must be improved if children
are to develop and realize their full potential.
- It
should be noted that, while primary education is compulsory, the monitoring and
enforcement of the law has proved to be exceedingly
difficult and this has
negatively affected adherence to aspects of this article of the Convention. The
reintroduction of the Welfare
Division and of welfare officers with
responsibility for truancy are now in place to address such issues.
- In
1998, dropouts at the primary education level were reported to be about
27 per cent of the total enrolment. The “wastage”
at the
secondary schools level was 22 per cent and for community high schools
11 per cent. This situation was deemed to be unacceptably
high and
still remains so. Some of the reasons advanced for the dropouts have been given
as overcrowded classrooms, and the general
economic circumstances of some
families which adversely affect regular attendance (see annexes XIII to
XV).[*]
- In
addressing this problem, the school system to some extent provides counselling
for both students and parents. The Parent-Teachers
Association is also utilized
as a forum to discuss issues of absenteeism and dropouts, and to seek possible
solutions to the problems.
The Ministry of Education has moved to better
formalize this system by issuing guidelines on functions.
Recommendations
- It
would be useful for the schools, through the Parent-Teachers Association or
other appropriate mechanism, to establish more effective
links with the home
environment and community at large.
- There
is a need for improved physical, financial and human resources to assist the
Schools’ Welfare Division to function better.
- The
rigorous enforcement of the provision on compulsory education in the Education
Act and all existing policies would reinforce the child’s rights to
education.
School discipline in keeping with the rights of the child (art.
37)
- The
disciplinary procedures to be observed in schools are prescribed by the laws of
Guyana, chapter 39:01, part XII, section 94, which deals with corporal
punishment. This law clearly specifies how, and what discipline may be
administered for various
offences.
- Consultations
were held by the Ministry of Education in 2002 resulting in a manual on the
maintenance of order and discipline in schools.
The 27-page manual comprises
components in this context, for teachers, students and parents.
- Unfortunately
this law is not often adhered to and in such cases constitute a breach of both
the law and a contravention of this article
of the Convention.
Recommendations and comment
- The
school system should liaise with children’s homes (i.e., parents,
guardians, et al.).
- The
rule and regulations regarding Corporal Punishment are now more widely promoted
and enforced. Punishment must be prescribed meaningfully
with the aim of
bringing about the desired result. There now appears to be a decrease in the
instances of corporal punishment.
International cooperation
- Guyana’s
developmental thrust in the field of education has benefited significantly
through bilateral and multilateral arrangements
with several agencies.
- The
World Bank, Inter-American Development Bank, The Canadian International
Development Agency, The Overseas Development Agency, UNICEF
and other
international agencies have contributed much to education in Guyana through
consultancy services and financing in the form
of both loans and grants.
Assistance has been forthcoming in major areas such as the early childhood
education, primary and secondary
schools reform programmes. UNICEF in
particular has been supportive, as evidenced in the Project Plan earlier
articulated.
- International
agencies which provide assistance in the form of volunteers and other support
services are the Volunteer Service Organization,
Canadian Executive Services
Organization, Peace Corps, Youth Challenge, etc. The latter is primarily
involved in hands-on activities
such as the building of schools, developing the
infrastructure to aid education, practical teaching and on-the-job training.
Other
forms of assistance provided through international NGOs include medical
outreach programmes, dental and medical care for schoolchildren,
donations of
spectacles, etc. Previously, VSO and the Peace Corps have not had partnership
links with UNICEF. VSO is now exploring
the possibility of working together
with UNICEF in the placement of volunteers. UNICEF has previously collaborated
with CIDA and
United Nations Volunteers, and is currently establishing
linkages with the Peace Corps which latter institution has accumulated much
experience in early-childhood development.
- Although
such interventions have facilitated the rehabilitation of a significant number
of school buildings, the development and upgrading
of curricula, the improvement
of administrative support services and increased provision for teacher-training
programmes still remain
priority areas for attention. The capacity of
institutions to meet the requirements of the Convention has, however, been
strengthened.
- In
the areas of culture and youth, there has also been substantial support by the
aforesaid agencies, the Commonwealth Youth Programme,
and the OAS to the
Ministry of Culture, Youth and Sport. The latter was provided with tangible
support to assist in execution of
the ministry’s programmes.
Development of respect for human rights and fundamental
freedoms (art. 40)
- The
State, through its Constitution and Laws, guarantees human rights and
fundamental freedoms for all its citizens especially children, in conformity
with the relevant
article of the Convention.
- Guyana
has amended its Constitution after consultations with social agencies (both
government and non-governmental). The Guyana Human Rights Association and
Amnesty
International are two important organizations which appeared before the
Constitutional Reform Commission with the objective of reinforcing
the
protection of human rights. There is now provision for a Human Rights
Commission together with other Constitutional Commissions
which will also
reflect concern for human rights in various contexts. This includes the
Commission on the Rights of the Child.
- The
Constitutional Reform Commission has also taken into consideration the
requirements of the relevant conventions when formulating
its recommendations
regarding children.
- Government
agencies such as Probation and Family Welfare Services, Schools Welfare
Services, adoption services, Social Security services,
the National Commission
on the Rights of the Child, the National Commission on Women and several
religious organizations all play
significant intervention roles to protect the
child from any form of abuse or infringement of their human rights.
Additionally,
NGOs such as the Human Rights Association, the Guyana Responsible
Parenthood Association, several service clubs, such as the Lions,
Rotary and
- Jaycees,
and organizations such as Help and Shelter, perform referral roles in respect of
agencies which have the legal power to pursue
matters of sexual and reproductive
health rights and abuse or infringement of human rights generally.
Respect for parents and cultural identity, language and
values
- The
Constitution provides for freedom of expression and the practice of all
religions. The pursuit of one’s own culture or religious persuasion
is a
right enshrined in law and in the Constitution. The child in Guyana is
therefore, born and raised in a State which is multireligious and multicultural
and is nurtured and encouraged
to respect the varying cultures and religious
practices.
- Respect
for parents is at the core of the cultural development of the Guyanese child.
This is reinforced in the schools, in homes
and in religious institutions. A
survey of children reveals that the tenets of the above subject are fully
understood and known.
- The
State has recognized certain religious festivals as national holidays and
Guyanese adults and children alike, are encouraged to
learn the significance of
such national holidays. It is a standard part of the school’s curriculum
to teach about religious,
cultural and regional festivals.
Preparation of a child in a free society
- The
Guyanese child is born, nurtured and developed in a free and democratic country
in which much emphasis is placed on freedom of
cultural expression, religious
tolerance and respect for cultural and ethnic diversity. The preparation of the
child therefore starts
from these early environmental influences and continues
throughout the formative years of the child’s development.
- This
aspect of the child’s social development is reinforced through
extra-curricular activities at schools, and at such clubs
and societies formed
for the purpose and those which promote sports and related activities. Mention
must be made of the presence
of worldwide movements such as Girl Guides and the
Scouts Movement which also influence the development of the child’s
awareness.
- Annual
holiday camps organized by religious groups, the Ministry of Culture, Youth and
Sports, and many other social organizations
are increasingly known for the life
skills and social values imparted in the thousands of children attending such
activities. The
President’s Youth Award Programme has provided an
additional opportunity for the social and economic development of youth across
the entire country. The latter programme is the focal medium for the ministry,
and visits to historic sites are promoted through
this programme. As part of
their training, students of the YEST programme also do tours as part of the
curriculum at the KKTC.
- The
Red Cross Youth arm conducts community service and health education programmes
which are aimed at fostering a sense of self-respect
among youth. It also
engages in dissemination activities, which reinforce humanitarian values and the
fundamental principles of
the movement, i.e. humanity, neutrality, impartiality,
volunteer spirit, service, unity and independence. The Youth Advocacy Programme
has also been providing similar services.
Respect for natural environment (art. 29 (e))
- The
Constitution of the Cooperative Republic of Guyana (1980), article 36,
states:
“In the interest of the present and future generations
the State will protect and make rational use of its land, mineral and
water
resources, as well as its fauna and flora, and will take all appropriate
measures to conserve and to improve the environment.”
- Specific
aspects of the natural environment are also protected by the Environmental
Protection Act (1996) which, among other things,
provides for the management,
conservation, protection and improvement of the environment.
- In
general terms the Guyanese child is raised with an understanding and
appreciation of the importance of the environment. This is
underscored at an
early stage in the formal school system in which environmental studies have now
been introduced in the regular
curriculum of a number of schools. Additionally,
some schools have promoted the establishment of nature clubs or environmental
societies
where the responsibilities of the individual and the society as a
whole with respect to the protection of the environment are given
major focus.
The Environment Protection Agency in 2002 launched environmental clubs
countrywide.
- Mention
must also be made of State institutions like the Ministries of Tourism,
Education and Culture which, from time to time, provide
opportunities for
children to visit the vast expanse of Guyana and to recognize its natural beauty
in lakes, rivers, hills, savannahs
and mountains. These expeditions create
practical opportunities for some children to see and understand a bit more about
the relationships
between man and his environment.
- Most
importantly, there are a number of areas of Guyana such as Kaieteur Falls, where
the natural environment is protected by laws
which are sometimes enforced
through regular monitoring arrangements. Children are sensitized to such
issues. A number of radio
and television clips continue to sensitize the
general population to the importance of protecting the environment. This
campaign
has been reinforced by the establishment of the Environmental
Protection Agency under the EPA Act 1996 and the Iwokrama Rainforest
Conservation Programme.
Liberty of setting up of educational institutions, minimum
standards
for educational institutions
- The
rights of the Guyanese, especially to education, are enshrined in the Guyana
Constitution (1980), which states that education is available from nursery
school to university and even at non-formal places of learning. It
is provided
free of cost from nursery to secondary levels.
- The
provision of education, however, is not the exclusive responsibility of the
State. Individuals or groups have independently established
schools in which
tuition is provided as a paid service. These institutions are open to all who
are able to meet tuition costs.
- As
currently obtains, any individual who has the necessary resources may establish
an educational institution where the child could
be trained from pre-school to
tertiary level of education. There are an estimated 25 such private primary
schools in Guyana.
- The
State periodically monitors and introduces measures of control for these
institutions in order to ensure that acceptable standards
are met. Children
attending such institutions are therefore assured of quality education in terms
of programmes offered, resources
and environment.
Aims of education (art. 29)
- The
Ministry of Education, while responsible for the overall education system, is to
a limited extent assisted in this undertaking
by a few private schools. The
Government’s educational policy goals are generally in agreement with the
requirement of this
article, and include:
- − Provision
of knowledge, skills and attitudes required for personal development and active
participation in the development
of Guyana;
- − Cherish
love for the country;
- − Adherence
to principles of democracy, justice, peace and accountability;
- − Development
of the potential of children to the fullest;
- − Development
of a spirit of self-reliance and resilience;
- − Development
of social and moral values and an appreciation of other people’s
religions, beliefs, opinions and cultural
background;
- − Development
of national pride in our multiracial, multicultural, multi-religious society,
emphasizing the interdependence
of the people in all 10 administrative regions
of the country;
- − Development
of an awareness, sensitivity and commitment to conserve and protect national
resources and the environment.
- Although
the Curriculum Development Unit within the Ministry of Education sets the
framework for the school curriculum at the primary
level, there is some degree
of flexibility which might be adopted in the school system. There is also some
amount of standardization
in the textbooks used throughout the country. Local
textbooks are now being used.
- At
the secondary level, the curriculum is led by programmes geared to culminate
with the Caribbean Examination Council and the General
Certificate of Education
Examinations.
Leisure, recreation and cultural activities (art. 31)
States
parties recognize the right of the child to rest and leisure, to engage
in
play and recreational activities appropriate to the age of the child and
to participate freely in cultural life and the arts
- The
Constitution of Guyana (1980), article 23, gives effect to the above
article.
- While
the above refers to teachers and education officials and other workers, it
indirectly relates to children in the school system.
It is to be noted that the
Education Act, chapter 39:01, sections 10-21, provide for 13 weeks of vacation
during the school year. Additionally, the schools’ timetable provides for
prescribed periods
of rest or break during normal school hours.
- The
State, through the Ministries of Culture, Youth and Sport and Education,
organizes competitive athletics and sporting activities
at both district and
national levels for children of all ages. These competitions require extended
periods of training under the
guidance and supervision of professionals and are
considered to be important to the rounded development of the child.
- Provision
is also made for children who excel to participate competitively at the regional
level.
- Recognition
of attention to the right to leisure and to play could be seen in the existence
of playing fields in most primary and
secondary schools. Additionally, large
numbers of football fields, cricket pitches and volleyball courts are in
evidence in most
urban and rural areas. There has been an increase in the
recreational facilities available at the Drop-in Centre in Smythfield,
New
Amsterdam, Berbice. Parks and gardens in the city are also to some extent
equipped to facilitate play and State-sponsored leisure
activities for
children.
- The
State, therefore, gives full recognition to the importance of leisure, play, and
recreational activities as specified in the Convention.
The nature and extent of cooperation with local and national
organizations,
both governmental and non-governmental (e.g., service
clubs)
- In
the areas of education, leisure and culture, there is now a tradition of
cooperation among Ministries of the Government, non-governmental
organizations
and a variety of service clubs.
- While
the ministry is fully responsible for formal education from nursery school to
university, as enshrined in the laws of Guyana,
chapter 39:01, it is in the
areas of training, physical infrastructure and co-curricular activities such as
sports, games and civic
activities that cooperation is most evident.
- For
example, while the Ministry of Culture, Youth and Sport caters for leisure,
cultural and recreational activities for the school
population, it is regularly
supported by such internationally affiliated organizations as the Guyana Olympic
Association, the Guyana
Amateur Athletic Association, the Guyana Football
Association, the Rugby Union and the Guyana Cricket Board of Control. These
bodies
undertake coaching and hold clinics on an organized basis for children
and youths.
- In
other instances, service organizations such as Rotary, Lions, Kiwanis, and
Jaycees organize programmes in conjunction with the
ministry or with schools,
directly aimed at cultivating civic-mindedness, and care of the environment.
They also provide training
in such skills as debating, and public speaking. As
alluded to earlier, the Red Cross and Rotary and the Ministry of Health have
collaborated in health programmes for children’s benefit.
- A
number of clubs and other organizations make tangible donations of books, sports
gear, and computers, to the benefit of children
in the society and provide
reading and research centres throughout Guyana. The Lions Club and Red Thread
Women’s Development
Group, churches and other groups, have also set up
library facilities to augment the reading skills taught in schools.
Arts and culture
- Article
31 of the Convention states:
“States Parties shall respect and
promote the right of the child to participate fully in cultural and artistic
life and shall
encourage the provision of appropriate and equal opportunities
for cultural, artistic, recreational and leisure activity.”
- Paragraphs
74 to 98 of this report, which deal with articles 13, 14, 29 and 31 of the
Convention, detail the opportunities available
to children for their cultural
and artistic expression. The extent to which such activities have been promoted
are also fully dealt
with.
- Of
relevance also are articles 28 and 35 of the Guyana Constitution, which
state:
“Every young person has the right to ideological,
social, cultural and vocational development and to the opportunity for
responsible
participation in the development of the socialist order of
society” (art. 28).
“The State honours and respects the diverse cultural strains which
enrich the society and will seek constantly to promote national
appreciation of
them at all levels and to develop of them a socialist national culture for
Guyana” (art. 35).
These two articles provide the principles which guide the several activities
in which children are involved.
- The
National Commission on the Rights of the Child, of the Ministry of Culture,
Youth and Sport, has held and planned activities to
bolster cultural expression.
Over the last four years, programmes have been conducted by the National School
of Dance; appropriate
accommodation has been made in the curriculum of the
Burrowers School of Art; and in the participation of children in the annual
Mashramani celebrations. The latter includes a “chutney”
competition which yields tremendous participation and encourages
spontaneous
expression in song and dance.
- Artistes
in Direct Support, a non-profit youth organization which focuses on HIV/AIDS,
presents cultural programmes with children
as the focus on the theme of HIV/AIDS
education.
- Other
activities in this context that are planned by the ministry are:
- − In the
short term, to develop positive cultural trends among schoolchildren in their
respective communities. There will be
collaboration with the Ministry of
Education;
- − In the
long term, to work with schools, youth groups, community development committees
and National Democratic Councils, to
develop and enhance cultural talent which
exists in the community.
G. Special protection measures
Children in situations of
emergency
(a) Refugee children - article 22
- Guyana
has not experienced the phenomenon of refugee children. However, the
Immigration Act, chapter 14:03, section 11 (d), caters
to the legal requirements
therein, and vests the relevant Minister of Government with authority to act in
a specific situation/emergency.
The act states:
“The Minister
may by order exempt, from all or any of the provisions of this act, any alien,
or class of aliens, and such exemption
may be general or subject to such
conditions, restrictions, limitations or exemptions, as are specified in the
order.”
- This
act provides the authority for extending some measure of protection should the
situation warrant it, thus according with the
Convention.
- Migration
of children to metropolitan countries has sometimes resulted in a multiplicity
of social problems for families in these
newly adopted societies. The Probation
and Family Welfare Service in Guyana is often requested to investigate and
prepare appropriate
reports in an endeavour to resolve these difficulties and to
assist in suitable court adjudication. In such instances, Social Enquiry
Reports are submitted. This is done with the intention of protecting the rights
of the child in a new place of abode and to assist
in harmonizing family
relationships. This situation, while not being defined as a case of
“refugees”, does present some
of the elements of alienation faced by
Guyanese children, which the Probation Services attempt to alleviate.
(b) Children in armed conflict (art. 38) including physical
and psychological recovery and social reintegration
- Guyana
has not been involved in armed conflict with any country. However, as a
signatory to United Nations Conventions, it is bound
by articles 38 and 39 to
make provisions should such a situation arise.
Children in conflict with the law (arts 37, 39 and 40)
(a) The administration of juvenile justice - article
40
- The
Juvenile Offenders Act (chap. 10:03) deals comprehensively with provisions of
the law as it pertains to juvenile offenders and
these conform with the
standards set out in the Convention, particularly with respect to the various
safeguards therein. For example,
when a child or young person is brought before
a juvenile court, it is the duty of the court to explain to him/her in simple
language
the implications of the alleged offence.
- Some
important interpretations and articles of this act are as
follows:
- − “Child”
means a person under 14 years;
- − “Juvenile”
means a person under 17 years;
- − It
shall be conclusively presumed that no child under the age of 10 can be guilty
of an offence;
- − A
juvenile court must be held in camera (that is, the court must be cleared of all
persons not connected with the matter);
- − A
“young person” means a person who has attained the age of 14 years
and is under the age of 17 years.
(b) Children deprived of their liberty including any form of
detention, imprisonment or placement in custodial settings
- The
Juvenile Offenders Act also deals specifically with these matters and is again
in accord with the Convention. Section 13 of this
act clearly states that no
child or young person shall be sentenced to imprisonment.
- Section
14 states that where a juvenile is found guilty of an offence under any law, the
court shall not proceed to a conviction but
may deal with the offender in
accordance with this act.
- Section
16 deals specifically with the committing of a child or young person to a place
of detention. It states:
“Where a child or young person is
found guilty, or enters a plea of guilty to a charge of an offence punishable,
in the case
of an adult, with imprisonment, or would, if he were an adult, be
liable to be imprisoned in default of payment of any fine, damage
or costs and
the court considers that none of the other methods in which the case may legally
be dealt with is suitable, the court
may order that he be committed to custody
in a school for young offenders for a period not exceeding one year.”
- The
Training School (New Opportunity Corps) operated by the Ministry of Culture,
Youth and Sport and situated at Onderneeming, Essequibo,
is the sole custodial
location to which young offenders are committed. A young offender can be so
committed for no more than three
years but only until the age of 18 years
(Training School Act, chap. 11:05).
- Children
are not to be incarcerated or put into places of detention with adult offenders.
The absence of remand homes for male and
female juveniles has created a
situation in which the legal requirement has not always been administered as the
law specifies. This
situation has been addressed and will shortly be remedied
by the opening of a newly constructed facility, in July 2003. This
building
has separate arrangements for boys and
girls.
- There
is also a proposal from the Probation and Family Service for the establishment
of a centre or institution to which children
who have become difficult to
control can be directed. The basis for this idea is that the child would not
have been involved in
any unlawful activity, but has substantial behavioural
difficulties. At this venue, psychological assistance would be given and
the
children counselled by social workers.
(c) The sentencing of juveniles, in particular the
prohibition of capital punishment and life imprisonment (art. 37)
- The
right of a juvenile must be protected even if the offence is a capital offence.
A juvenile found guilty in this case could be
detained at the President’s
pleasure and it is the norm for that person to be sent to the New Opportunity
Corps (training school)
until the age of 18 years and beyond that to an
appropriate place of detention, but under no circumstances is life imprisonment
enforced.
- However,
the fundamental rights provisions which are soon to be put again before
Parliament specifically prohibit the above action.
- It
must be noted that the Ministry of Home Affairs, under the Juvenile
Offender’s Act, chapter 10:03, section 20, has the duty
to provide a
suitable place of detention for the purposes of this act.
- Furthermore,
in the selection of the place of detention for a young person, the court or
police shall have regard, where practicable,
to the religious persuasion of the
young person. It can therefore be contended that Guyana’s laws in
relation to sentencing
of juveniles do not diverge from CRC
requirements.
Physical and psychological recovery and social integration
(art. 39)
- Sections
of the Juvenile Offenders Act (chap. 10:03), the Training School Act
(chap. 11:06) and the Probation Offenders Act (chap.
11:04) deal quite
comprehensively with measures aimed at the separation of treatment plans
for juveniles as opposed to
adults.
- The
Training School Act under which young offenders are committed to the New
Opportunity Corps stated that:
“there be the establishment of
rehabilitative measures for the vocational and other training of young offenders
who have not
attained the age of 18 years”.
- The
school was named the “New Opportunity Corps” at its inauguration by
the Government of that period. The objective
was to provide a residential
setting, not only for psychological rehabilitation, but also for maximum
personal growth and the development
of individual
skills.
- The
judge or magistrate makes an order, under the Juvenile Offenders Act, for a
distinctive rehabilitative treatment plan, which helps
the offender to
restructure his/her lifestyle through purposeful activities. A person may be
placed on probation for no more than
three years but no less than one year.
- A
probation report is required on all juveniles found guilty of an offence before
sentencing is passed. This process aids the court
in its adjudication which
must not be punitive but rehabilitative.
- Furthermore,
when a juvenile is committed to the Training School (New Opportunity Corps),
constant communication is maintained between
the Probation and Family Welfare
Service and the Training School through written correspondence and visits by the
probation and family
welfare officers. Parents and other relatives are also
encouraged to visit the juveniles.
- This
process is geared toward corrective treatment, and the enhancement of the
rehabilitative process so that the young person emerging
from the Training
School may be better equipped to assume his place in society. These young
persons are counselled by the probation
and family welfare officers, because
this is an integral element of the process of social reintegration.
Table 7
Statistics on juvenile offenders
|
Number of reports of offences
|
Number of juveniles sent to New Opportunity Corps
|
2000
|
175
|
43
|
2001
|
243
|
99
|
Source: The Guyana Police Force, Juvenile Branch, 2003.
Children in situations of exploitation, including physical
and
psychological recovery and social reintegration
(a) Economic exploitation, including child
labour
- In
the laws of Guyana, currently the Employment of Women, Young Persons and
Children Act (chap. 99:01) establishes the procedure relating
to the employment
of women, young persons and children.
- “Child”
for the purpose of this act is a person under the age of 14 years. Section 3 of
this act stipulates that: “No
child shall be employed in any industrial
undertaking.”
- The
act also makes comprehensive reference to the prohibition of the employment of
children on ships (sect. 4) and the institution
of penalties for this
offence.
- It
is therefore significant to observe notable exceptions in this act which seem to
have its genesis in colonial times and which do
not accord with the Convention.
Article 2 of Part 1 of the Schedule of this act states
that:
“Children under the age of 14 years shall not be
employed, or work in the public or private industrial undertaking, or in any
branch thereof, other than an undertaking in which only members of the same
family are employed.”
This article was revised in the Children’s Bill where a child is
defined as being 15 years or under and is thereby prohibited
from working.
- Another
important feature of this act as it relates to children (art. 4 of the Schedule)
states:
“In order to facilitate the enforcement of the
provisions of this convention, every employer in an industrial undertaking shall
be required to keep a register of all persons under the age of 16 years employed
by him and of the dates of their births.”
- Part
II of the Schedule of this act deals with the prohibition of the employment of
persons under 18 years of age during the night
in any public or private
undertaking with special reference to mines, quarries and all other forms of
industries which could be termed
as potentially hazardous or likely to interfere
with children’s health, physical and social development.
- This
law is the principal piece of legislation which provides protection for children
and young people. It is, however, recognized
that it is outmoded. The review
of this act has resulted in article 32 of the CRC being reflected and directly
referred to in the
Children’s Bill 2002. In a part dedicated to
Employment of Young Persons and Children, “child”, “industrial
undertaking” and “young person” are defined in conformity with
the CRC. Restrictions on employment in industry
are stipulated. It is
specifically stated that the provisions of the CRC and other related Conventions
“shall have effect
for the purposes of this part”.
- In
the Multiple Cluster Indicator Survey 2001, Guyana, it was observed that
37 per cent of children aged 0-14 years were classified
as currently
working for four hours or more. This trend was particularly prevalent in the
hinterland communities; 45 per cent versus
22 per cent on
the urban coast.
(b) Drug abuse (art. 33)
- Article
33 of the Convention on the Rights of the Child
states:
“States parties shall take all appropriate measures
including legislative, administrative, social and educational measures,
to
protect children from the illicit use of narcotic drugs and psychotropic
substances as defined in the relevant international treaties,
and to prevent the
use of children in the illicit production and trafficking of such
substances.”
- The
subject of drug abuse continues to be of considerable concern to Guyana at this
time. There is an increasing number of narcoticoriented
cases being presented
before the court each day despite the existence of a very rigid Narcotic and
Psychotropic Substances Control
Act. Because of the nature of this act, enquiry
reports are normally requested of the Probation and Family Welfare Service, for
the adjudication of cases conducted by the court. Such reports are considered
to be necessary in these instances.
- The
illicit use of all narcotic and psychotropic substances were banned under the
Narcotic and Psychotropic Substances Control Act.
If a person is found
responsible for the death of a person under 18 years old as a result of his/her
use of narcotics, that person
can be sentenced to death. The death sentence may
also apply to suppliers of narcotics in the instance where a child dies within
three months of using such narcotics supplied. The draft Children’s Bill
2002 provides that it shall be an offence to give
a child a harmful drug.
- There
are two drug rehabilitation programmes supervised by non-governmental
organizations.
- It
is to be noted that a survey on substance use and abuse in Guyana has provided
some hard data regarding “knowledge of”
and “the use of
illicit drugs” among children in the age range 11 to 19 years. While the
overall results are not alarming
they provide a firm basis for further
investigations and appropriate action.
(c) Sexual exploitation and sexual abuse
(art. 34)
- It
is recognized that legal protection on its own is inadequate to protect children
from the scourge of this abuse. For this reason,
government and
non-governmental organizations associated with the protection of children have
in recent times taken positive steps
to help to terminate these types of abuse
which can cause permanent psychological damage to children.
- Help
and Shelter Inc. is one agency which provides support services, such as
professional counselling, for the victims and their families.
In very serious
cases, referrals are made to the police so that prosecution can be expedited.
- The
Probation and Family Welfare Service of the Ministry of Human Services and
Social Security has traditionally worked closely with
the police, schools,
hospitals, children’s homes and other agencies to bring to justice
perpetrators and to establish mechanisms
for appropriate counselling to
distressed victims.
- Many
cases are referred to the Probation and Family Welfare Service from other
agencies and organizations, but it is evident that
much more has to be done to
aid in the effective identification of cases in this category. The assurance of
the guarantee of confidentiality
of the exploited and abused person appear to be
important factors in allaying the fears of persons making reports or, more
importantly,
those who are hesitant to make reports.
(d) Other forms of exploitation (art. 36)
- There
are a number of situations other than those specifically mentioned in preceding
paragraphs in which children are protected from
exploitation and their welfare
given first
- consideration.
These are reflected in such acts as the Infancy Act 1916 (as amended) and the
Criminal Law (Offences) Act, chapter
8:01 (as amended). The latter act sets out
among other measures the following:
“Provides that any person
who unlawfully and carnally knows a girl between the ages of 12 and 13 is
liable to imprisonment for
5 years; abduction of a girl of under 18 for unlawful
carnal knowledge is punishable to 2 years’ imprisonment.”
- In
relation to abduction, these have essentially been linked to unresolved divorce
and related custody matters. These were generally
few.
(e) Sale, trafficking and abduction (art. 35)
- While
there is minimal activity in this area in Guyana, this does not indicate any
complacency about such practices.
- The
Ministry of Amerindian Affairs has found that there is a pattern developing in
hinterland communities where Amerindian girls are
lured by relatives and
neighbours to go to the capital city, ostensibly for employment. These
children, instead, are often forced
to become prostitutes. This matter is being
addressed with the police and probation service.
- The
Juvenile branch of the Guyana Police Force and the Probation and Family Service
report that there has so far been only one allegation
of sale/trafficking
received. Investigations are ongoing.
- In
the part which was drafted on “Offences against children”, in the
Children’s Bill earlier referred to, offences
are stipulated that would be
considered as injurious to children. It can therefore be said that to some
extent the matter of special
protection is being meaningfully addressed.
Enforcement, it is anticipated, may still remain a challenge.
Children belonging to a minority or an indigenous group (art.
30)
- Children
of Amerindian origin constitute in the main the group described in this section.
The Ministry of Amerindian Affairs has adopted
the approach of dealing with
children of hinterland communities as opposed to Amerindians per se.
Guyana’s Constitution and
laws indicate quite clearly the rights of
Amerindian children to the protection of the law as part of the national
population. The
Constitution Reform Commission (on which indigenous peoples
were represented), recommended that an Indigenous Peoples’ Commission be
established
under the Constitution. This recommendation came to fruition in an
amendment to article 212 of the Constitution in 2001.
- Under
the Constitution, as amended in 2001, indigenous people are accorded fundamental
rights. The Amerindian Act is also currently under review and a
component for
children may be included. There is, however, still need for the rights of these
children to be better addressed in
terms of the implementation of such laws.
The logistics and communication, between village and law enforcement agencies
and courts,
still pose a challenge.
- In
recent years, significant endeavours have been undertaken to reverse the plight
of Amerindian children through the availability
of improved educational and
health facilities, with the building of new schools and cottage hospitals in the
hinterland areas. Tangible
assistance in monetary or other forms is given by
the Ministry of Amerindian Affairs for medical expenses, and substantial work in
collaboration with the Registrar General’s Office and UNICEF has resulted
in somewhat better birthregistration practices.
- The
increase in Amerindian children being enrolled at all levels of the education
system indicates a recognition and a need to deal
with the challenges of the
Amerindian community by the Amerindians themselves. Scholarships are available
for 30 hinterland students
annually to attend secondary schools in the capital
city and other regions. Scholarships totalling 20 are also given annually for
students to pursue technical and vocational training in Georgetown.
- Secondary
schools are provided in large concentrated hinterland communities, for students
in those and surrounding communities. Meals
and dormitory facilities are
provided. These students have the opportunity to sit secondary school
examinations (CXC and GCE) which
passes therefrom, permit entry into
institutions of higher learning.
Table 8
Hinterland schools
|
Number of schools
|
1
|
2
|
7
|
1
|
8
|
1
|
9
|
3
|
Source: Ministry of Amerindian Affairs.
- Efforts
to improve the exposure of Amerindians include attendance by two children at the
Water Forum in Japan in 2002, and an impending
exchange visit to Germany by six
secondary school students.
- The
Ministry of Amerindian Affairs has offered counselling in instances of abuse and
rape.
Analysis and summary
(a) The administration of juvenile justice (art.
40)
- The
administration of juvenile justice in Guyana has been effected through the
network of cooperation between judiciary/magistracy/police
and probation
services. Direct and comprehensive work has begun towards the establishment of
separate remand centres for boys and
girls. It is envisaged that this will
become a reality in the short term.
- In
relation to the establishment of a Family Court, the Committee which reported on
family, maintenance and related matters has given
a broad proposal for its
establishment. It has been proposed that a Family Court Division of the High
Court be established for the
following matters:
- − Civil
matters including petitions for divorce, custody and maintenance of children,
adoption and division of matrimonial property;
and
- − Criminal
matters including juvenile matters, rape and sexual assaults, and assaults
between family members.
- Both
courts above will be presided over by a High Court Judge. It has also been
recommended that a Family Court be established for
summary matters which are
regarded as minor, to be heard by a magistrate.
- Given
the admitted jurisdictional problem which arises (particularly in relation to
Domestic Violence Act applications, and maintenance
and custody), an alternate
recommendation of a “County Court” (i.e., an intermediate court of
both criminal and civil
jurisdiction) has been made, which Court will hear all
family matters except divorce. A duly qualified attorney-at-law with the
title
of “judge” but not the status of a High Court Judge would preside; a
probation officer and social worker shall
sit to assist the judge.
- It
appears that the Family Court may likely be made a division of the High Court,
and that the court would be situated in the capital
city of Georgetown.
Substantial amendments may be required to give effect to the Family Court. Such
legislation to be amended would
include the Domestic Violence Act. Clear policy
guidelines are now crucial to inform the final structure that is preferable.
There
is the foreseeable hurdle of additional judges; increased resources for
physical conditions and specialist training.
(b) Children deprived of their liberty including any form of
detention, imprisonment
or placement in custodial settings (art.
40)
- Generally,
more consciousness and action in the juvenile justice process is still
needed.
- It
is worthy, however, to note that the matter of concern to the Probation and
Family Welfare Department and to social workers - that
male and female juveniles
not be kept at facilities assigned to adults - has, to some extent, been dealt
with. Male juveniles are
kept at the Brickdam police station in Central
Georgetown, but in physical conditions not conducive to legal requirements.
Female
juveniles, likewise, are remanded to the East La Penitence police station
in Georgetown, generally between court appearances, before
being transferred to
the women’s section of the New Amsterdam Prison. At the East La Penitence
police station, they are kept
with adult females. The impending opening of the
holding centre for juveniles with separate facilities for boys and girls, will
go a long way towards implementing and supporting the recommendations of (a)
above and conform with CRC stipulations. The holding
centre is intended for the
temporary accommodation of juveniles who have been transferred to the New
Opportunity Corps. A remand
centre with similar facilities is currently being
addressed since there is concern about the apparent negative influence exposure
to adults in this situation has on the juveniles. These measures are
inconsistent with legal requirements.
(c) Children belonging to a minority or an indigenous group
(art. 30)
- Physical
and social infrastructure in the hinterland is at best rudimentary and the
population density is relatively low - six persons
per square kilometre. The
difficulties and exorbitant cost associated with accessing the dense hinterland
have led to the limitation
in some of the facilities available to the population
found in settlements throughout rural Guyana. Children in these areas are
sometimes affected by the problem of the delivery of services which continue to
be frustrated by the shortage of both finance and
personnel.
- It
should again be stated that the issues highlighted in this section of the report
are now under active review by a high-powered
“intersectoral
committee” concerned with juvenile offenders.
- The
Constitution Reform Commission meetings held in 1999 made significant
recommendations concretizing the status of indigenous people, who were
Guyana’s
original inhabitants. Rights of indigenous peoples are now
fundamental rights. By virtue of a Constitutional amendment in 2001,
there will
shortly be set up an Indigenous Peoples’ Commission which will make
specific recommendations on rights. Children
will also benefit from this
mechanism.
- Measures
to prevent exploitation in particular of girls of Amerindian descent in some
regions are still required.
- As
a signatory to the Convention, Guyana is endeavouring to work in accordance with
the stipulations of article 22, paragraphs 1 and
2, articles 30, 32 to 37, 39
and 40 and, should the situation arise, there is provision to observe articles
38 and 39.
H. Recommended measures for improved compliance with the
Convention
- General
measures of implementation being undertaken include:
- − The
finalization of draft and passage of the Children, Status of the Children and
Family Court Bills needs to be done urgently;
- − The
policy to inform the Family Court must be provided urgently by Cabinet;
- − There
is an urgent need for the establishment of a mechanism for coordinating all
policies relating to children;
- − There
should be an increase in reliable and consistent reports on action taken to
comply with the Convention;
- − The
campaign for the promotion of the CRC should be maintained but should increase
its focus on parents. Greater use must
be made of the media (especially
electronic), to make awareness of the CRC widespread;
- − The
information on work done to implement the CRC should be more readily accessible
to the public through fliers, etc.
- Regarding
the definition of the child:
- − The
definition of “child” should be standardized;
- − There
is a need for appropriate mechanism to give effect to the implementation of laws
relating to the employment of children
with adequate monitoring systems
instituted. This should be done in cooperation with the school
inspector’s programme;
- − The
Schools Welfare Division should be strengthened in all respects;
- − The
laws relating to children should be continuously revised and updated.
- − In
improving the status of children it is recommended that steps should be taken to
ensure that pregnant teenagers are given
an opportunity to complete their
secondary education. The discretion of the ministry and school should be
removed and replaced with
a clear policy which stipulates reintegration;
- − It is
strongly recommended that the police should be specially trained to deal with
juvenile issues. A solution should also
be sought for the problem of sexually
abused children being threatened or beaten by relatives and guardians who take
money to recant
their reports;
- − Steps
should be taken to correct the deficiencies in the implementation of all laws
which relate to the protection of children.
- Regarding
family, environment and alternative care issues:
- − Government
departments and all other agencies concerned with children should be required to
keep appropriate statistical records
in order to facilitate the accurate
analysis of the status of children;
- − The
Statistical Bureau should be mandated to provide statistics which are
appropriately disaggregated;
- − Departments
should be provided with the resources necessary for providing more effective
services not only in urban areas,
but also in rural and hinterland
locations;
- − There
should be more widely promoted programmes for family life, instructions in
parenting skills and basic human values;
- − There
should be greater public awareness of the laws relating to child abuse;
- − Studies
should be undertaken to assess the true extent of child abuse in order to
evaluate the effectiveness of measures in
place;
- − The
Visiting Committee or its equivalent to inspect fostercare homes should be given
the force of law. A council should be
established to supervise the inspection
to ensure that they are done regularly and are completed. Statistical records
should be
maintained by these institutions and statutory reports submitted to
the competent authorities.
- Special
protection measures needed include:
- − An
annual tally of referrals;
- − A
remand home for boys and one for girls must be established and the appropriate
services provided;
- − The
training of judges and magistrates on juvenile and children’s issues
should be made a priority;
- − A
family court should be established. This is seen as an institution which could
serve to deal with troubled family relations
in a more conciliatory manner, and
impact positively on family life;
- − The
matter of appropriate accommodation of both male and female juveniles when
remanded must be given serious attention;
- − The
Probation and Family Service Division should be strengthened;
- − Children
in rural and hinterland locations have a right to certain basic social services.
This situation must be appropriately
addressed, taking into consideration
transportation costs and the sparsely populated nature of some of these
areas;
- − Recommendations
for the girl child must be carefully considered and given effect to. The Women
and Gender Equality Commission
will be directly responsible for dealing with
this issue and should collaborate with the Commission on the Rights of the Child
in
this regard.
- Regarding
education, leisure and cultural activities:
- − The
Education Bill should be passed;
- − The
State, through the Ministry of Education, should provide a monthly newspaper
supplement to apprise parents, children and
the public at large of issues
pertaining to changes in the education system and the implications for
children;
- − It
would be useful for the schools, through the ParentTeachers’ Association
or other appropriate mechanism, to establish
more effective links with the home
environment and community at
large;
- − The
State should strengthen functional agencies such as the School Welfare Division
to monitor students’ attendance,
dropouts and absenteeism in a more
structured way;
- − The
rules and regulations regarding corporal punishment should be more widely
promoted and should be enforced. Punishment
must be prescribed meaningfully
with the aim of bringing about the desired result;
- − There
is need for assistance to be provided in a more structured way to help
fostercare homes with educational programmes.
- Regarding
health and health services:
- − The
full implementation of the Health Care Programme, specifically the Maternal and
Child Health Programme, should be given
priority attention;
- − The
provision of an adequate number of daycare centres should be given serious
consideration;
- − Follow-up
programmes to correct the deficiencies in the condition of children from birth
to 71 months, should be implemented
in both the short and medium
term.
III. CONCLUSIONS
- Guyana,
in spite of its critical problems of financial and human resources, has, as
initially reported on, progressed in complying
with the standards of the
Convention. The Government is aware of both the achievements and the many
challenges which still exist.
This report has provided further information on
programmes and policies formulated and implemented. Due to greater
collaboration
with agencies, in particular UNICEF, it has been possible to
achieve much. The Committee on the Rights of the Child’s recommendation
to
seek assistance from United Nations agencies has been actively
pursued.
- It
is envisaged that over the next five years, much more will be achieved if
the various plans of action articulated herein, and others
to be yet formulated,
are actively pursued.
- This
report has highlighted the current situation with respect to Guyana’s
children and the immediate plans which are under
consideration. The revision of
the Constitution, and the fluid nature of this process (as it is ongoing) has
substantially moved Guyana along the path to full implementation of
the
Convention on the Rights of the Child. It is acknowledged that still more must
be done.
- An
even more inclusive approach has been and will continue to be employed so that
the full implementation of the CRC will be an effort
of State, Government,
non-governmental organizations and individuals, including the beneficiaries:
the children themselves.
-----
[*] Annexes are available for consultation in
the files of the secretariat.
[*] Annexes can be consulted in the files of
the secretariat.
[*] Annexes can be consulted in the files of
the secretariat.
[*] Annexes can be consulted in the files of
the secretariat.
[∗] Annexes can be consulted in the
files of the secretariat.
[∗] Annexes can be consulted in the
files of the secretariat.
[*] Annexes can be consulted in the files of
the secretariat.
[*] Annexes can be consulted in the
files of the secretariat.
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