| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Guyana Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
GUYANA
The Co-operative Republic of Guyana, a member of the Commonwealth of
Nations and the Caribbean Community (Caricom), is a small, multiracial,
developing nation with a unicameral Parliament chosen by direct election
in a multiparty political system. Dr. Cheddi Jagan, leader of the party
with a plurality of seats in Parliament, is Executive President. The
President appoints a Prime Minister and other Cabinet Ministers. Local
and international observers generally agreed that the 1992 general
elections were free and fair.
The Guyana Defence Force (GDF) and the Guyana Police Force (GPF)
comprise the security forces, which are subordinate to the civilian
government. The GDF is a small, professional military organization of
less than 2,000 uniformed personnel which has only a limited role in law
enforcement. The GPF has primary responsibility for maintaining law and
order throughout Guyana. The GPF has historically been underpaid and
undertrained. There have been allegations of GPF abuse of authority and
excessive use of force.
The economy depends on agriculture, fisheries, forestry and mining, with
sugar, rice, bauxite, and gold the major export earners. The estimated
growth rate for 1995 is 6.3 percent, with per capita gross domestic
product estimated at $632. The economy suffers from high external debt,
shortages of skilled labor, and a deteriorating infrastructure.
Human rights problems continued to include police abuse of detainees and
prisoners, allegations of extrajudicial killings, severe delays in the
inefficient judicial system, poor prison conditions, societal violence
against women and children, and discrimination against women and
indigenous Amerindians. The authorities improved police training;
however, police abuses were often committed with impunity, and the
Police Complaints Authority was largely ineffective because it lacks
independent power. There are still some limitations on worker rights,
but political control of union activity continued to diminish.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings.
There were allegations that police killed criminal suspects under
questionable circumstances. Police authorities state that such cases
are investigated and that those policemen who act unlawfully are
dismissed or prosecuted. However, critics claim the authorities do not
sufficiently investigate and prosecute the police officers responsible.
In March the Guyana Human Rights Association (GHRA) called for the
establishment of a commission of inquiry on police use of force and
brutality, because of what it described as several "disturbing
tendencies": a sense of impunity from prosecution (for brutality,
drugs, and other corruption); an unwillingness to prosecute police for
criminal offenses; use of deadly force against alleged criminal
suspects; and failure of the Police Complaints Authority (PCA) to
respond adequately to grievances against the police. The GHRA and local
press reports highlighted a number of cases.
In February Amnesty International reported a case of police brutality
and ill treatment against residents of Cane Grove during a police
antinarcotics campaign in June 1994. Police allegedly beat Zabeeda
Hussein in her home when she attempted to protect her crippled husband
from a beating. She later claimed that they hit her in the stomach,
causing a miscarriage of pregnancy. Rohan Sing, who also claimed police
beat him, was seen covered in blood while in police custody. Amnesty
International also raised the case of Shivnarine and Ramchen Dalchand,
whom police allegedly beat and arrested in August 1994. Four days
later, Shivnarine Dalchand drowned while attempting to escape from a
police boat, according to police. Autopsy reports later revealed that
there was no water in his lungs and that his body showed 13 external and
4 internal injuries. A government pathologist ruled that Dalchand died
of "pulmonary edema." The Director of Public Prosecution investigated
the case and referred it to the coroner for an inquest. A report of the
results of the coroner's inquest has not been released.
In June police killed ex-soldier and career criminal Wayne Bancroft.
Bancroft served 3 years in the Mazaruni Prison from 1992. He required
hospitalization three times while in prison due to alleged beatings. He
claimed that after his release police frequently harassed and fired
shots at him. He fled to French Guiana in January but was deported in
February. Upon his return to Guyana, he was arrested and held for
several days. He claimed that police extorted $10,000 from him to avoid
further arrests. On June 1, police chased Bancroft, whom eyewitnesses
claim voluntarily came out of the building in which he took refuge with
his hands raised to surrender to the police. Police shot Bancroft; upon
arrival at the hospital where he was pronounced dead, officers claimed
he was "Michael Craig," a wanted criminal. Although witnesses reported
that Bancroft was unarmed, the police said he was a wanted suspect who
was fatally shot while advancing toward them with a knife in his hand
after his partner fired shots at policemen.
In July police shot Orin Garraway in the head after a chase in a
Georgetown neighborhood and took him to the hospital in critical
condition. He was allegedly a wanted criminal and a friend of Wayne
Bancroft. According to police, he ran when challenged by a police
patrol. Police pursued him and during a confrontation and scuffle,
police shot him when he pulled a gun and threatened one of the
policemen. However, according to a number of reported eyewitness
accounts, Garraway ran from officers who had weapons drawn, and was shot
in the head at point blank range after he had fallen during the chase.
A police investigation was conducted and resulted in a declaration that
Garraway was shot after he drew his firearm. The Director of Public
Prosecution called for an inquest, but by year's end it had not begun.
In August police shot and killed Simon Joseph, a fish vendor. He was
not a suspect wanted by the police. The Working Peoples' Alliance (WPA)
alleged that he was socializing with friends in a yard between 2:00 a.m.
and 3:00 a.m. when police officers accosted him. Witnesses claim that
when he questioned the police order to come with them, he was shot in
the back and died later at the Georgetown Hospital. This case is under
investigation by the police.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Although the Constitution prohibits torture, the GHRA and the press
reported a number of serious incidents of police brutality.
In August after a cyanide-polluted flow from a major gold mining
operation spilled into the river Essequibo, police used excessive force
to break up a protest demonstration around the Parliament building. Two
women associated with the Working People's Alliance were allegedly
assaulted by the police. Dow, a former elections commissioner, claimed
that police roughed her up, kicked her, and threw her into the back seat
of their vehicle. She alleged that later they threw her from the car to
the pavement. De Souza claimed that she was nearly run over by a police
vehicle and otherwise intimidated by officers. The WPA threatened to
file a lawsuit against the police, but on November 24 charges against De
Souza were dropped and the matter settled without litigation.
In September the local press reported that Chief Magistrate K. Juman
Yassin ordered a drug prisoner--Wilfred Scipio--taken to a doctor and a
medical certificate produced. Scipio alleged that police severely beat
him which caused a severed vein and serious bleeding. He said that he
received no medical attention and was forced to sleep on a bare concrete
floor for 8 days after his arrest prior to his appearance in court.
When asked by the magistrate why he had not been brought to court
earlier, Scipio said that he was too sick to move; the police, however,
countered that their investigation was not complete. The magistrate
ordered a change of police detention facilities after Scipio expressed
fear of returning to his former place of custody.
Some confessions have been thrown out of court on the grounds that they
were coerced. Chief Justice Cecil Kennard, at a conference of
magistrates in September, expressed his concern that police prosecutors
depend too heavily on the confessions of defendants in court
proceedings. He felt that in many cases, confessions are not always
good evidence of guilt. He cautioned magistrates that they must ensure
that they are fully satisfied that confessions presented to them for
evidence in trials were free and voluntary and not forced via
intimidation or other means. Such statements, he said, should not
automatically be admitted as evidence in criminal trials.
There were continuing reports of police officers' involvement in
criminal activity, including extortion, intimidation, and assault,
although the number of reports of such charges continue to decline.
Citizens complained that members of the special police impact group
engage in intimidation and rough physical treatment of detainees and
suspects. In June Dr. Hughley Hanoman, (a ruling party member of
Parliament) alleged that impact patrol police "manhandled" him, threw
him into a police van, threatened him with incarceration at a local
lock-up, refused him a phone call to his lawyer, insulted him with
racial slurs, and generally intimidated him. The impact officers took
him to jail and later released him on $3,000 bail, after intervention by
the acting police commissioner. Dr. Hanoman was not charged with a
crime, and afterward reportedly said that he now understood the
accusations of police harassment and abuse of power.
There is no independent body charged with looking into complaints of
police brutality or abuse. The Ombudsman lacks the authority to look
into allegations of police misconduct. Such cases are heard by the
Police Complaints Authority; however, the PCA has no power to interview
police officers or witnesses and must rely on material submitted by the
police. The PCA refers cases of alleged abuse to the Police
Commissioner. Investigations of such charges appear to be perfunctory
and rarely result in serious disciplinary action. Officers charged as a
result of complaints to the PCA are routinely suspended for a few days
and sometimes fined, but are rarely jailed. In essence, the police
force is responsible for investigating itself.
Some of Guyana's prisons continue to be severely overcrowded. The GHRA
reported that there were over 900 prisoners in a space originally
intended for 300 (later upgraded to accommodate 553) at the Camp Street
prison in Georgetown. Corrections authorities admit that the average
population at Camp Street prison has been about 806 prisoners. Prisons
officials claim that Camp Street is the only prison that is
overpopulated. After a prison break in October at Lusignan, when scores
of prisoners escaped into surrounding communities, the GHRA claimed that
the number at that prison was excessive as well.
The severe overcrowding at Camp Street prison is blamed on the law
courts and recent sentencing guidelines that require mandatory prison
sentences of 3 to 5 years for narcotics possession. Most of the
prisoners were convicted on narcotics charges involving small amounts of
marijuana.
The GHRA cited poor diet, inadequate medical attention, underpaid and
poorly trained staff, and lengthy trial delays as problems facing the
prison system. Local press sources report that due to overcrowding,
tuberculosis, sexually transmitted diseases including HIV/AIDS, and
other health problems are rising, posing serious public health risks for
inmates when they are freed and return to their communities.
Additionally, due to restricted budgets and other limitations, the large
influx of prisoners in recent periods reduces efforts directed at
rehabilitation and training.
Groups concerned with prison conditions report there is often poor
sanitation and inadequate access to proper medical care, particularly at
police station holding facilities. The East La Penitence police
station, where women prisoners are held until sentencing, is below
standard compared to other prisons in the country. Intended as a
temporary holding place before sentencing prisoners, the station has
become a long-term home for many women whose cases are held up in the
overburdened judicial system. The Government did appoint a GHRA member
to the prison visiting committee.
As another example, the Brickdam police station holding facility, a
temporary detention center for about 50 male prisoners, is overcrowded,
damp, dimly lit, and foul smelling. It has 14 cells about 5- by 8-feet
in area, no beds, no wash basins, no furniture and no utensils. Each
cell has up to five persons, but no toilets; inmates must be escorted by
staff members outside of the cells to use holes in the floor for
toilets. Inmates sleep on the bare concrete floor, damp with urine and
water.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides that no person may be deprived of personal
liberty except as authorized by law and requires judicial determination
of the legality of detention, a mandate that was generally respected in
practice.
Arrest does not require a warrant issued by a court official, only an
assessment of guilt by the police officer. The law requires that a
person arrested and held for more than 24 hours be brought before a
court to be charged. Chief Magistrate K. Juman Yassin publicly
complained that suspects are often detained for more than 24 hours but
never charged. Bail is generally available except in capital cases. In
narcotics cases, magistrates have some limited discretion in granting
bail before trial but must send all persons convicted on narcotics
charges to custody, even if an appeal is pending.
Exile is not practiced.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, which is
generally the case in practice. The local court system is composed of a
High (Supreme) Court, a national Court of Appeals, and a system of
magistrate courts which have branches in the various regions and
departments of the country. Magistrates are members of the civil
service and are trained lawyers. The magistrate courts deal with both
criminal and civil matters. The Ministry of Legal Affairs headed by the
Attorney General represents the State and plays the role of state
prosecutor. It also supervises the Office of the Director of Public
Prosecution.
The Constitution provides that anyone charged with a criminal offense
has the right to a hearing by a court of law, and this right is
respected in practice. Guyana has a functioning bail system.
Defendants are granted public trials, and appeal may be made to higher
courts.
In the past, some members of the opposition to the previous People's
National Congress (PNC) governments expressed concern over court rulings
in libel suits brought by government officials as well as other
governmental use of the courts to harass political opponents. The
judiciary now exerts greater independence due to the freer political
atmosphere which has developed in the country since 1985. The present
Government made no attempt to use the courts to intimidate the
opposition.
Delays in judicial proceedings are often caused by shortages of trained
court administrative personnel and magistrates, inadequate resources,
low salaries, and the slowness of police in preparing cases for trial.
The inefficiency of the judicial system is so great as to undermine due
process. Prisoners are often detained 3 or 4 years awaiting trial.
Appeals of some murder cases have been delayed for several years. Trial
postponements are routinely granted to both the defense and the
prosecution.
Although the law recognizes the right to legal counsel, in practice,
with the exception of capital crimes, it has been limited to those who
can afford to pay. An alternative surfaced in March 1994 with the new
legal aid clinic. The Government provided a small cash grant for the
clinic as well as the services of a lawyer from the Attorney General's
office. Initially, due to budget constraints, the clinic limited its
activities to civil cases in Georgetown. As the clinic has become more
widely used, and another attorney was added to the staff, criminal cases
related to the civil cases (assault as part of a divorce case for
example) have been pursued. Apart from these efforts, virtually no
lawyers work pro bono in criminal cases. Defendants in murder cases are
assigned an attorney by the court. The Guyana Association of Women
Lawyers provides free legal services for civil cases only.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government generally respects the right to privacy. The laws
requiring judicially issued warrants for searches were generally
respected.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitutional provision for freedom of speech is generally
respected, and citizens may freely criticize their government and its
policies.
As in 1993, there were credible charges that high government officials
pressured foreign investors to cancel contracts with a consultant who
was a former PNC government official. On another occasion, there were
credible charges that a government official restricted freedom of speech
and freedom of the press by intervening in the employment contract of a
local businessman who does editorial commentary on a news program which
is sometimes critical of the Government. Government officials pressured
a foreign investor to force its consultant to stop editorializing on the
news and in any other public forum, or to cancel the contract.
The independent Stabroek News continued to publish seven times a week
with one weekly regional edition. Independent and opposition newspapers
frequently criticized the Government in editorials and satirized it in
cartoons.
The government-owned Guyana Broadcasting Corporation operates Guyana
Television and one radio station (with two separate programs), which
provide relatively evenhanded reporting on local events. Guyana has no
private radio stations, but does have eight private television stations
in Georgetown and four in outlying areas. Two of the private stations
produce newscasts which are often critical of the Government, and a
third produces general public affairs programming which addresses issues
of local interest and is considered to be more favorable to the
Government.
In past years, the Government exercised varying degrees of control over
the media through ownership of what had been the country's only daily
newspaper (The Guyana Chronicle), the communications agency, the radio
station, and the issuance of import licenses for newsprint and printing
presses. The Government's role in the media has since declined with the
proliferation of television stations, lack of a Minister of Information,
and the existence of an independent daily newspaper.
b. Freedom of Peaceful Assembly and Association
The Public Order Act requires police permits for mass political
meetings. The Police Commissioner has the authority to refuse
permission for a public meeting at his discretion and without
explanation. There was no evidence that he used this authority for
political purposes. Political parties and other groups held public
meetings and rallies throughout the country without hindrance.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. Members of all faiths are allowed to
worship freely. Guyanese practice a wide variety of religions, the
major faiths being Christianity, Hinduism, and Islam. There are no
restrictions on foreign religious groups proselytizing in Guyana.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for freedom of movement within Guyana. Travel
to Amerindian areas requires government permission, the result of a law
dating from colonial times designed to protect the indigenous people
from exploitation. Prior to the 1992 elections, the GHRA, opposition
politicians, and some clergy contended that permits were sometimes
denied to missionaries and non-PNC politicians and that the regulations
were used to maintain PNC influence among the Amerindians. In practice,
however, most people travel throughout these areas without regard to the
formality of a permit. Citizens are free to travel abroad, to emigrate,
and to return.
The Government does not have any fixed policy on refugee or asylum
applications. There were no reports of forced expulsion of anyone
having a valid claim to refugee status; however, government policy
remains undefined.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Guyana has a unicameral Parliament which is chosen by direct election in
a multiparty political system based on proportional representation. The
leader of the party which obtains a plurality of seats in Parliament
during national elections is sworn in as Executive President. The
President appoints a Cabinet, headed by a Prime Minister, which together
with the President exercises executive power.
Citizens are free to join or support political parties of their choice.
The 1992 general election, considered free and fair by foreign
observers, brought the major opposition party to power. Despite
constitutional provisions, elections were still not held on schedule or
in a consistent manner. The general election was delayed from 1990 to
October 1992; municipal elections, scheduled for December 1992, were
delayed until October 1994. Any citizen 18 years or older can register
to vote, and about 80 percent of those registered cast votes in the 1992
election.
No progress was made on reforming or replacing the Constitution, which
grants extensive powers to the President. Constitutional reform
requires a two-thirds majority in Parliament, which can only be achieved
through the cooperation of the ruling party and the opposition.
There are no legal impediments to participation of women or minorities
in the political process, but historically neither women nor Amerindians
were encouraged to participate, other than by voting. The Cabinet
includes three women, two persons of Portuguese descent, one of Chinese
origin, nine of East Indian extraction, four Afro-Guyanese, and one
Amerindian. The 73-member Parliament includes 11 women and 8
Amerindians, representing both major parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Guyana Human Rights Association, the most active local human rights
group, functioned without government interference. The GHRA is a
nongovernmental organization formed in 1979 with the participation of
trade unions, professional organizations, various ethnic groups, and
churches. It issues periodic press releases and publishes an annual
report on human rights in Guyana. The Government made no public
statements in response to either GHRA or foreign human rights reports.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Although the Constitution provides fundamental rights for all persons
regardless of race, sex, religion or national origin, the Government
does not always observe this in practice.
Women
Violence against women, including domestic violence, is a significant
problem. Wife beating, rape, and incest are common. Lawyers said that
more victims are reporting these crimes to the authorities although
there is still a social stigma attached to it. Victims of such abuse
who do seek redress from the police and the courts often suffer social
retribution and additional harassment from the authorities charged with
pursuing their complaints. Because of their economic circumstances and
the lack of any family shelters or other place of solace, victims of
domestic violence are often trapped in their homes with their abusers.
A women's organization has begun a crisis hotline and is in the process
of refurbishing an existing building to be used as a shelter for women
suffering physical abuse.
The 1990 Equal Rights Act was meant to end sex discrimination, but the
failure to include a specific definition of discrimination rendered the
act unenforceable. There is no legal protection against widespread
sexual harassment in the workplace, and dismissal on the grounds of
pregnancy is common and not illegal. In December 1994, credible charges
of sexual harassment were brought against a prominent businessman. The
case was dismissed and the perpetrator fined one Guyanese dollar in
damages.
A 1988 government-sponsored constitutional amendment rendered the equal
pay provision unenforceable except in cases in which equal pay for equal
work is provided for by specific statute. No such statutes have been
enacted.
Other legislation passed by Parliament in 1990 protects women's property
rights under common law marriage, entitling a woman who separates or
divorces to one-half of the couple's property if she had been working
and one-third of the property if she had been a housewife. However,
divorce by consent remains illegal, and there are unequal provisions
regarding adultery as grounds for divorce. The legislation also gave
authority to the courts to overturn a man's will in the event it did not
provide for the wife.
There are few organizations, other than those sponsored by political
parties, that focus primarily on women's rights. Two exceptions are the
Guyana chapter of the Caribbean Association for Feminist Research and
Action and the National Women's Rights Campaign, which opened a
counseling center for victims of violent relationships in early 1993.
Children
An estimated 65 to 86 percent of the population lives in poverty, and
children are more severely affected than any other group. The severe
deterioration of the public education and health care systems has
stunted children's futures and often cut short their lives. For many
children, health care has become unaffordable. Children are often
denied access to education because their families cannot afford school
fees, or because their families need the children to contribute to
running the household by working or providing child care for other
children.
The worst effects on children's lives come from migration. More than 3
percent of the population emigrates every year in search of a brighter
economic future. As parents migrate they often leave behind their
children to be raised by other family members, friends, or by other
children. Nearly 1 percent of Guyana's households are headed by
children under the age of 14.
Media reports of rape and incest have increased, indicating that
violence against children is a significant and reoccurring problem. The
administration of justice for children is characterized by a punitive
legal system which does not take into account the needs of children
fleeing sexual, physical, or emotional abuse.
A committee headed by First Lady Janet Jagan and several Government
Ministers drafted a national program for action on children, but the
Government's ability to improve the lot of children suffering sexual,
physical, or emotional abuse depends on budgetary considerations.
People With Disabilities
The lack of appropriate infrastructure to provide access to both public
and private facilities makes it very difficult to employ the disabled
outside their homes. There is no law mandating provision of access for
people with disabilities.
Guyana has several special schools and training centers for the
disabled, but like the rest of the educational system these are
understaffed and in severe disrepair.
Indigenous People
Guyana has a small Amerindian population, composed of nine tribal
groups, most living in reservations and villages in remote parts of the
interior. Their standard of living is much lower than that of most
Guyanese, and their ability to participate in decisions affecting their
lands, cultures, traditions, and the allocation of natural resources is
limited.
Amerindian life is regulated by the Amerindian Act, legislation dating
from colonial times designed to protect indigenous people from
exploitation. The Act gives the Government the power to determine who
is an Amerindian and what is an Amerindian community, to appoint
Amerindian leaders, and to annul decisions made by Amerindian councils.
It also prohibits the sale of alcohol to Amerindians and requires
government permission before any Amerindian can accept formal
employment, though these provisions generally are not enforced. Both
individuals and Amerindian groups remain free to criticize the
Government.
National/Racial/Ethnic Minorities
Longstanding ethnic tensions, primarily between Guyanese of African and
East Indian descent, continued to influence Guyanese society and
political life. The civil service and defense and police forces are
overwhelmingly staffed by Afro-Guyanese. Recruitment efforts targeted
at Indo-Guyanese candidates for the uniformed services generally have
met with an unenthusiastic response, with most qualified Indo-Guyanese
candidates opting for a business or professional career over military,
police, or public service. The chief of staff of the Guyana Defence
Force is Indo-Guyanese and there are other Indo-Guyanese officers in
both the GDF and the police force.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of association and specifically
enumerates a worker's right to "form or belong to trade unions." The
law does not require employers to recognize a union in the workplace,
even if a large majority of workers have indicated their desire to be
represented by a union.
Most union members work in the public sector and in state-owned
enterprises. Organized labor freely associates in one major national
federation, the Guyana Trades Union Congress (TUC) which is composed of
22 unions. There is a tradition of close ties between the trade union
movement and political parties.
Historically, the two major political parties wielded significant
influence over the leadership of several unions, and trade union
officials often served in dual roles as party officials. Although this
still occurs, it is less common.
Workers have a generally recognized right to strike, but the law
nominally forbids public employees providing essential services from
striking. A procedure exists for the review of their grievances by a
tribunal appointed by the Minister of Labour. Most strikes in 1995 were
illegal, i.e., the union leadership did not approve them or they did not
meet the requirements specified in collective bargaining agreements.
Unions and their federations freely maintain relations with recognized
Caribbean and international trade union and professional groups. All
three of the major international trade union federations have affiliates
in Guyana.
b. The Right to Organize and Bargain Collectively
Public and private sector employees possess and utilize the generally
accepted right to organize and to bargain collectively. The Ministry of
Labour certifies all collective bargaining agreements and has never
refused to do so. This right is not codified, however, and employers
are not legally required to recognize unions or bargain with them.
Individual unions directly negotiate collective bargaining status,
pursuant to the 1993 repeal of a regulation which required that all
collective bargaining be negotiated through the TUC. Unions are
dissatisfied with the provision granting the Ministry of Finance veto
power over wage contracts negotiated by other ministries.
The Chief Labour Officer and the staff of the Ministry of Labour provide
consultation, enforcement, and conciliation services. The Ministry has
a backlog of cases, compounded by insufficient manpower and
transportation, which severely limit the Ministry's ability to function.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and there is no
indication that it occurs.
d. Minimum Age for Employment of Children
The Factories Act and the Employment of Young Persons and Children Act
set out minimum age requirements for employment. Legally, no person
under age 14 may be employed in any industrial undertaking, and no
person under age 16 may be employed at night, except under regulated
circumstances. The law permits children under age 14 to be employed
only in enterprises in which members of the same family are employed.
Poverty-stricken young children work, and it is common throughout the
country to see very young children engaged in street trading. While
cognizant of the situation, the Ministry of Labour does not employ
sufficient inspectors to enforce existing laws effectively.
e. Acceptable Conditions of Work
The Labour Act and the Wages Councils Act allow the Labour Ministry to
set minimum wages for various categories of private employers. The
Government raised official minimum wages by 16 percent in January which
set the minimum wage for workers at $46.04 (G$6,353) per month. Both
the legal minimum wage for the private sector and the public sector
minimum wage are insufficient to provide a decent standard of living for
a family. There is no enforcement mechanism, and unorganized workers,
particularly women and children, are frequently paid less than what is
legally required.
The Shops Act and the Factories Act set hours of employment, which vary
by industry and sector. In general, work in excess of an 8-hour day or
a 44-hour week requires payment of an overtime rate. However, if the
initial contract stipulates a 48-hour workweek, then the overtime rate
only applies for hours worked in excess of 48 hours. The law does not
provide for at least a 24-hour rest period.
The Factories Act also sets forth workplace safety and health standards.
The Occupation Health and Safety Division of the Ministry of Labour is
charged with conducting factory inspections and investigating complaints
of substandard workplace conditions. As with its other
responsibilities, inadequate resources prevented the Ministry from
effectively carrying out this function. Workers cannot remove
themselves from dangerous work situations without jeopardizing continued
employment.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.