WE, THE GUYANESE PEOPLE,
WE, THE GUYANESE PEOPLE,
Proud heirs of the indomitable will of our forebears, in a spirit of reconciliation and cooperation, proclaim this Constitution in order to:
Safeguard and build on the rich heritage, won through tireless struggle, bequeathed us by our forebears;
Affirm our sovereignty, our independence and our indissolubility;
Forge a system of governance that promotes concerted effort and broad-based participation in national decision-making in order to develop a viable economy and a harmonious community based on democratic values, social justice, fundamental human rights, and the rule of law;
Celebrate our cultural and racial diversity and strengthen our unity by eliminating any and every form of discrimination;
Value the special place in our nation of the Indigenous Peoples and recognise their right as citizens to land and security and to their promulgation of policies for their communities;
Acknowledge the aspirations of our young people who, in their own words, have declared that the future of Guyana belongs to its young people, who aspire to live in a safe society which respects their dignity, protects their rights, recognises their potential, listens to their voices, provides opportunities, ensures a healthy environment and encourages people of all races to live in harmony and peace and affirm that their declaration will be binding on our institutions and be a part of the context of our basic law;
Demonstrate our commitment to protect our natural environment and endowment;
Create a republican community practically aware that the finances, industry, communications, education, business and technology of the world are global factors affecting all in which all must engage and from which all must benefit.
As citizens of Guyana, we adopt these fundamental laws and make provision for their amendment to reflect changes in our society, inspired by our collective quest for a perfect nation, whose characteristics include the commitments, concepts, and other principles proclaimed in this preamble.
May God protect our people.
Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the Co-operative Republic of Guyana.
The territory of the State comprises the areas that immediately before the commencement of this Constitution were comprised in the area of Guyana together with such other areas as may be declared by Act of Parliament to form part of the territory of the State.
The capital of the State is the city of Georgetown.
The national flag of the State is the flag known as "The Golden Arrow Head" as set out in the Second Schedule.
The coat of arms of the State is that in use at the commencement of this Constitution as set out in the Second Schedule.
The national anthem of the State is the anthem known as "Green Land of Guyana" as set out in the Second Schedule.
The National Pledge of the State is the pledge as set out in the Second Schedule.
It is the duty of every citizen of Guyana wherever he or she may be and of every person in Guyana to respect the national flag, the coat of arms, the national anthem, the national pledge and the Constitution of Guyana, and to treat them with due and proper solemnity on all occasions.
This Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void.
Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this Constitution.
The right to form political parties and their freedom of action are guaranteed. Political parties must respect the principles of national sovereignty and of democracy.
Local government by freely elected representatives of the people is an integral part of the democratic organisation of the State.
The principal objective of the political system of the State is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organisations in the management and decision-making processes of the State, with particular emphasis on those areas of decision-making that directly affect their well-being.
The goal of economic development includes the objective of creating, promoting and encouraging an economic system capable of achieving and maintaining sustainable competitive advantage in the context of a global competitive environment, by fostering entrepreneurship, individual and group initiative and creativity, and strategic alliances with domestic and global business partners in the private sector.
The goal of economic development includes the objective of laying the material basis for the greatest possible satisfaction of the people's growing material, cultural and intellectual requirements, as well as the dynamically stable development of their personality, creativity, entrepreneurial skills, and cooperative relations in a plural society. The State shall intervene to mitigate any deleterious effects of competition on individuals or groups of individuals.
The State shall foster the development of such relevant forms of cooperation and of business entities as are seen to be supportive of the goals of economic development as stated in articles 14 and 15.
Privately owned economic enterprises are recognised, and shall be facilitated in accord with their conformity with the aims and objectives stated or implied in articles 13, 14, 15 and 16.
Land is for social use and must go to the tiller.
Every citizen has the right to own personal property which includes such assets as dwelling houses and the land on which they stand, farmsteads, tools and equipment, motor vehicles and bank accounts.
The right of inheritance is guaranteed.
The source of the growth of social wealth and of the well-being of the people, and of each individual, is the labour of the people.
Every citizen has the right to rest, recreation and leisure. The State in co-operation with co-operatives, trade unions and other socio-economic organisations will guarantee this right by prescribing hours and conditions of work and by establishing holiday arrangements for workers, including a complex of cultural, educational and health institutions.
Every citizen has the right to free medical attention and also to social care in case of old age and disability.
Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.
Every citizen has the right to proper housing accommodation.
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.
Women's participation in the various management and decision-making processes, whether private., public or state, shall be encouraged and facilitated by laws enacted for that purpose or otherwise.
It is the duty of the State to protect the just rights and interests of citizens resident abroad.
It is the joint duty of the State, the society and every citizen to combat and prevent crime and other violations of the law and to take care of and protect public property.
It is the duty of every citizen to defend the State.
It is the duty of the State to enhance the cohesiveness of the society by eliminating discriminatory distinctions between classes, between town and country, and between mental and physical labour.
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 out of them a socialist national culture for Guyana.
The well-being for the nation depends upon preserving clean air, fertile soils, pure water and the rich diversity of plants, animals and eco-systems.
The State supports the legitimate aspirations of other peoples for freedom and independence and will establish relations with all states on the basis of sovereign equality, mutual respect, inviolability of frontiers, territorial integrity of states, peaceful settlement of disputes, non-intervention in internal affairs, respect for human rights and fundamental freedoms, and co-operation among States.
It is the duty of the State, co-operatives, trade unions, other socio-economic organisations and the people through sustained and disciplined endeavours to achieve the highest possible levels of production and productivity and to develop the economy in order to ensure the realisation of the rights set out in this Chapter.
To ensure that Guyana is a democratic State with a healthy economy, the State shall-
The best interest of the child shall be the primary consideration in all judicial proceedings and decisions and in all matters concerning children, whether undertaken by public or private social welfare institutions, administrative authorities or legislative bodies.
The State shall ensure that the adoption of a child takes place only if that adoption would be in the best interest of the child.
Every child has the right to maintenance and accommodation from his or her parents and guardians.
Formal education is compulsory up to the age of fifteen years.
No person's religion or religious belief shall be vilified.
Every person who, immediately before the commencement of this Constitution, is a citizen of Guyana shall continue to be a citizen of Guyana.
shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath of allegiance, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
Every person born in Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his or her birth:
Provided that a person shall not become a citizen of Guyana by virtue of this article if at the time of his or her birth-
A person born outside Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his or her birth if at that date his or her father or his or her mother is a citizen of Guyana otherwise than by virtue of this article.
Any person who, after the commencement of this Constitution, marries a person who is or becomes a citizen of Guyana shall be entitled, upon making application in such manner and taking such oath of allegiance as may be prescribed, to be registered as a citizen of Guyana:
Provided that the right to be registered as a citizen of Guyana under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
Parliament may make provision-
The supreme organs of democratic power in Guyana shall be-
There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly.
Subject to article 155 (which relates to allegiance, insanity, and other matters) a person shall be qualified for election as a member of the National Assembly if, and shall not be so qualified unless, he or she-
Members of the National Assembly shall vacate their seats in the Assembly in the circumstances set out in article 156.
Whenever elections have been held pursuant to the provisions of article 61, the National Assembly shall hold its first meeting at the time appointed under article 69(1), and any reference in this Constitution to the National Assembly meeting for the first time after any election shall be read and construed as a reference to such first meeting.
Subject to the provisions of article 159, every person may vote at an election if he or she is of the age of eighteen years or upwards and is either a citizen of Guyana or a Commonwealth citizen domiciled and resident in Guyana.
An election of members of the National Assembly under article 60(2) shall be held on such day within three months after every dissolution of Parliament as the President shall appoint by proclamation:
Provided that no balloting commenced during the period of three months aforesaid, performed before the day so appointed, and pursuant to which the votes of any person registered as electors are cast at the election, shall be deemed contrary to the requirements of this article by reason only that such balloting has been so performed.
Elections shall be independently supervised by the Elections Commission in accordance with the provisions of article 162.
Parliament may make provision for the filling of casual vacancies among the seats of members of the National Assembly and for other matters relating to election of members of the Assembly in accordance with the provisions of paragraphs (2) and (3) of article 160.
All questions as to membership of the National Assembly shall be determined by the High Court in accordance with the provisions of article 163.
Subject to the special procedure set out in article 164, Parliament may alter this Constitution.
All other matters concerning Parliament (including the procedure thereof) shall be regulated by the provisions of articles 165 to 172 (inclusive).
Provided that the life of Parliament shall not be extended under this paragraph by more than five years.
Provided that Parliament may make provision for any areas which do not form part of any region to be represented on the regional democratic council of any region near to which it is situate for such purposes as Parliament may prescribe.
Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70(4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.
Each local democratic organ shall elect one of its councillors to serve as a member of the local democratic organ immediately above the first mentioned local democratic organ and Parliament shall prescribe the procedure for such election and such other matters as may be necessary in connection therewith.
Parliament shall provide that local democratic organs shall be autonomous and take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.
Parliament may provide for regional democratic councils to raise their own revenues and to dispose of them for the benefit and welfare of their areas.
The development programme of each region shall be integrated into the national development plans, and the Government shall allocate funds to each region to enable it to implement its development programme.
Parliament shall by law provide for the formulation and implementation of objective criteria for the purpose of the allocation of resources to, and the garnering of resources by local democratic organs.
Parliament may make provision for the election of members of local democratic organs (including the commencement of balloting before the day appointed for holding an election) and for all other matters relating to their membership, powers, duties, functions and responsibilities.
Parliament shall establish a Local Government Commission, the composition and rules of which empower the commission to deal with as it deems fit, all matters related to the regulation and staffing of local government organs and with dispute resolution within and between local government organs.
The electoral system in respect of local democratic organs below the regional democratic councils shall provide for the involvement and representation of individuals and voluntary groups in addition to political parties and accountability to the electors.
There shall be a President of the Co-operative Republic of Guyana, who shall be Head of State, the supreme executive authority, and Commander-in-Chief of the armed forces of the Republic.
shall be disregarded.
The President shall be elected by the people in the manner prescribed by article 177.
A person assuming the office of President in accordance with the provisions of this Constitution shall, unless his or her office sooner becomes vacant under article 178, continue in office until the person elected to the office of President at the next election held under article 91 assumes office.
The President may be removed from office if he or she becomes physically or mentally incapable of discharging the functions of his or her office. The procedure for removing him or her and for ensuring the continued discharge of the functions of his or her office is prescribed by article 179.
The President may be removed from office if he or she commits any violation of this Constitution or any gross misconduct. The procedure for removing him or her is prescribed by article 180.
Provided that if the vacancy occurs while the Prime Minister is absent from Guyana or while he or she is by reason of physical or mental infirmity unable to perform the functions of his or her office, the functions of the office of President shall, until the Prime Minister returns or until he or she is again able to perform the functions of his or her office, as the case may be, be discharged by such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or
shall perform the functions of the office of President:
Provided that any person performing the functions of the office of President under this paragraph shall not dissolve Parliament nor, save on the advice of the Cabinet, revoke any appointment made by the President.
The remuneration and immunities of the President shall be regulated by articles 181, 182 and 222.
Subject to the provisions of article 185, there shall be an office of Prime Minister and such offices of Vice-President and other offices of Minister of the Government of Guyana as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
Provided that a person who is not eligible to be elected as President shall not be eligible for appointment as Prime Minister.
Articles 101(1) and 103(2) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the Assembly is held pursuant to the provisions of article 61, as if Parliament had not been dissolved.
A Minister who was not an elected member of the Assembly at the time of his or her appointment shall (unless he or she becomes such a member) be a member of the Assembly by virtue of holding the office of Minister but shall not vote in the Assembly.
The President may assign to any Minister responsibility for any business of the Government of Guyana, including the administration of any department of Government, and shall be charged with all responsibility not assigned to any Minister; in respect of responsibility so charged, the President shall appoint a Minister or Parliamentary Secretary to be answerable to the National Assembly therefor on his or her behalf:
Provided that authority to exercise any power or discharge any duty that is conferred or imposed by any other provision of this Constitution or by any other law on any person or authority shall not be conferred under this article.
The office of a Minister shall become vacant in the circumstances set out in article 183.
Whenever any Minister is absent from Guyana or is unable by reason of illness to perform his or her functions as Minister, the President may authorise some other Minister to perform those functions and that Minister may perform those functions until they are resumed by the first mentioned Minister or are assigned to another Minister pursuant to the provisions of article 107.
Every Minister and Parliamentary Secretary shall, before entering upon the duties of his or her office, make and subscribe the oath of office.
Where the President or any Minister has been charged with responsibility for any department of Government, he or she shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shall be a public office:
Provided that two or more government departments may be placed under the supervision of one permanent secretary.
Subject to any provision made by Parliament, the President may appoint standing committees consisting of such persons as he or she may deem fit for the purpose of reviewing or examining any aspect of national life and making recommendations or otherwise reporting thereon to the Government or to Parliament.
There shall be a standing committee of the National Assembly which shall have responsibility for initiating or otherwise taking such action or addressing such matters as may be entrusted to the Committee by the National Assembly in respect of functions required to be discharged by the Assembly under the Constitution in relation to the appointment of a member of a Commission established under the Constitution.
Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Guyana, make and terminate appointments to such offices, save that where the constitution of, and making of appointments to, such offices involve expenditure chargeable to the Consolidated Fund, such expenditure shall be subject to the approval of the National Assembly.
The Prerogative of Mercy shall vest in the President and shall be exercised by him or her in accordance with the provisions of articles 188, 189 and 190.
The Judges of the Court of Appeal shall be the Chancellor, who shall be the President of the Court of Appeal, the Chief Justice and such number of Justices of Appeal as may be prescribed by Parliament.
The Judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.
Except as otherwise expressly provided or required by the context, in this Constitution the word "Judge" includes the Chancellor, the Chief Justice, a Justice of Appeal, a Puisne Judge and a part-time Judge.
the President shall act in accordance with the advice of the Judicial Service Commission and appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require.
Judges shall have full security of office as provided for in article 197.
A Judge shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of office.
or if he or she dies as the result of a lawful act of war.
Provided that no two such lesser periods shall be aggregated for this purpose if the period between the expiration of the first and the commencement of the second is more than one month.
and who is not released, shall be brought before a court within seventy-two hours of arrest or detention, but the police may apply to the High Court for extensions of time; and if any person arrested or detained upon reasonable suspicion of his or her having committed or being about to commit a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial.
and, except with his or her consent, the trial shall not take place in his or her absence unless he or she so conducts himself or herself as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence or he or she fails without reasonable excuse (the proof whereof shall lie on him or her) to attend court.
No person shall be hindered in the enjoyment of his or her right to work, that is to say, the right to free choice of employment.
Every public sector worker shall enjoy an absolute and enforceable right to any pension or gratuity granted to him or her under the provision of any law or collective agreement of any kind whatsoever.
No person shall be hindered in the enjoyment of participating through co-operatives, trade unions, civic or socio-economic organisations of a national character, in the management and decision-making processes of the State.
Indigenous peoples shall have the right to the protection, preservation and promulgation of their languages, cultural heritage and way of life.
No person shall be hindered in the enjoyment of the right to establish a private school which shall be under regulation by the State.
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of articles 138 to 151 (inclusive).
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
In this Title, unless the context otherwise requires-
"court" means any court of law having jurisdiction in Guyana other than a court established by a disciplinary law and, in articles 138 and 140, a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplined force" means-
"legal representative", in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such court or tribunal;
"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline; and
"national service" means service in any disciplined force a principal purpose of which is the training of people with a view to advancing the economic development of Guyana.
Provided that Parliament may empower the court to exempt a person from disqualification for election on account of such a conviction or report if the court deems it just so to do.
Provided that, if the President certifies that the member had resigned for the purpose of giving further service to the public, the member, if otherwise qualified, shall be eligible to be re-elected to the Assembly in accordance with any provision made under article 63;
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the Assembly signified by resolution.
A person shall vacate the office of Speaker or Deputy Speaker whenever the Assembly first meets after a dissolution of Parliament and also-
Provided that where a person, who holds the office of Speaker, ceases to be a member of the National Assembly by virtue of the holding of an election referred to in article 156(1)(f), he shall not by reason thereof vacate the office of Speaker if at such election he or she is re-elected as a member of the Assembly;
Provided that Parliament may empower the court to exempt a person from disqualification for registration on account of such a conviction or report if the court deems it just so to do.
Provided that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.
Provided that in the case of the members referred to in paragraph (3)(b), the Prime Minister shall meaningfully consult the Leader of the Opposition before tendering any advice to the President under article 225(4).
Provided that his or her appointment shall have effect only for the period ending when the person in whose place he or she has been appointed resumes his or her functions as, or ceases to be, the Chairman or other member, as the case may be, of the Commission.
It is hereby declared that the role of political parties and their nominees in the conduct of elections by the Elections Commission shall be limited to their participation in determining policy, monitoring the electoral process and the conduct of the election, but does not include active management of the electoral process.
and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.
shall not be submitted to the President for his or her assent unless the Bill, not less than two and not more than six months after its passage through the National Assembly, has, in such manner as Parliament may prescribed, been submitted to vote of the electors qualified to vote in an election and has been approved by a majority of the electors who vote on the Bill:
Provided that if the Bill does not alter any of the provisions mentioned in subparagraph (a) and is supported at the final voting in the Assembly by the votes of not less than two-thirds of all the elected members of the Assembly it shall not be necessary to submit the Bill to the vote of the electors.
No member of the National Assembly shall take part in the proceedings of the Assembly (other than proceedings necessary for the purpose of this article) until he or she has made and subscribed before the Assembly the oath of office:
Provided that the election of a Speaker and Deputy Speaker of the Assembly may take place before the members thereof have made and subscribed such oath.
If objection is taken by any member of the National Assembly present that there are present in the Assembly (besides the person presiding) less than one-third of all the elected members of the Assembly, and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that there are still present less than one-third of all the elected members, he or she shall thereupon adjourn the Assembly.
that Presidential candidate shall be deemed to be elected as President and shall be so declared by the Chairman of the Elections Commission acting only in accordance with the advice of the Chief Election Officer, after such advice has been tendered to the Elections Commission at a duly summoned meeting.
and, subject to any provisions made under subparagraph (b), provision may be made with respect to the matters referred to therein by rules of court.
shall be conclusive evidence that the person so named was so elected and no question as to the validity of the election as the President of the person so named shall be enquired into in any court.
Provided that the person so vacating the seat shall be eligible for re-election under any provision made as aforesaid.
Provided that any person performing the functions of the office of President under this paragraph shall not dissolve Parliament or, save on the advice of the Cabinet, revoke any appointment made by the President.
Provided that, where any other person or authority has instituted criminal proceedings, nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.
Provided that his or her seat on the Council shall become vacant-
Provided that the Ombudsman-
The Ombudsman shall not investigate any such action, or action taken with respect to any such matter, as is described hereunder:
Parliament may make provision for such supplementary and ancillary matters as may appear necessary or expedient in consequence of any of the provisions of this Subtitle including (without prejudice to the generality of the foregoing power) provision-
In this Subtitle-
"fault in administration" includes, without prejudice to its generality, any contravention of article 149 (which relates to discrimination on grounds of race, place of origin, political opinions, colour or creed).
Provided a person shall be disqualified for appointment as a member of the Commission if he or she is a public officer.
Provided that a person shall be disqualified for appointment as a member of the Commission if he or she is a public officer.
Provided that the Judicial Service Commission, may permit a Director who has attained the age of sixty years to continue in office until he or she has attained such later age, not exceeding sixty-five years, as may (before the Director has attained the age of sixty years) have been agreed with the Director.
Provided that a person should be disqualified for appointment as a member of the Commission if he or she is a public officer.
Provided that there may be more than one office of Deputy Commissioner of Police and that, if there are more than one such office, the holders thereof shall rank among themselves according to the dates of their respective appointments.
Provided that Parliament or, in the case of a decision of the disciplinary authority that is made in the exercise of a power delegated to that authority under the preceding paragraph, the Commissioner of Police may require appeals to be made to the Commissioner of Police or a member of the Police Force of higher rank than the disciplinary authority before they are made to the Police Service Commission.
the Police Service Commission may by order specify some rank (other than the rank of Inspector) in the Police Force or, as the case may be, in that other police force as being equivalent to the rank of Inspector as it exists in the Police Force under the law in force immediately before the commencement of this Constitution and the references in paragraphs (1) and (3) to the rank of Inspector shall then be construed as if they were, in relation to the Police Force, or, as the case may be, in relation to that other police force, references to the rank for the time being so specified.
There shall be an Ethnic Relations Commission.
Parliament may by law provide for the establishment of an Ethnic Relations Commission Tribunal and such law may make provisions for-
The functions of the Ethnic Relations Commission are to-
The Human Rights Commission Secretariat shall be the Secretariat for all the Commissions established under article 212G(1).
Parliament may by law provide for the establishment of a Rights Commissions Tribunal and such law may make provision for-
Provided that if the Leader of the Opposition fails to supply such a list to the President, the President shall request him or her to do so within a stated period, failing which the President shall in his or her own deliberate judgment, appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.
In addition to the functions specified in article 212J(2), the functions of the Women and Gender Equality Commission are to-
In addition to the functions specified in article 212J (2) the functions of the Indigenous Peoples' Commission are to-
In addition to the functions specified in article 212J (2) the functions of the Rights of the Child Commission are to-
Parliament may by law provide for the establishment of a Public Procurement Commission Tribunal and such law may make provision for-
The Standing Committee for Constitutional Reform shall, in addition to its functions under article 119A, continually review the operations of and the need for existing commissions and for the establishment of new commissions, applying the following considerations-
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.
Provided that no appeal shall lie to the Tribunal-
shall not be enquired into in any court.
All revenues or other moneys raised or received by Guyana (not being revenues or other moneys that are payable, by or under an Act of Parliament, into some other fund established for any specific purpose or that may, by or under such an Act, be retained by the authority that received them for the purpose of defraying the expenses of that authority) shall be paid into and form one Consolidated Fund.
a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before the Assembly by the Minister responsible for finance or any other Minister designated by the President.
The public debt of Guyana and the service of that debt (including the interest on that debt, sinking funds payments and redemption moneys in respect of that debt and costs, charges and expenses of and incidental to the management of that debt) are hereby charged on the Consolidated Fund.
In order to assure the independence of the entities listed in the Third Schedule-
Where under this Constitution any provision may be made by rules of court, rules for the purpose may be made by the authority for the time being empowered generally, by law in force in Guyana, to make rules of court in relation to civil proceedings in the High Court or, in so far as the provision relates to the bringing of any appeal to, or the institution of other proceedings in, or the practice and procedure of, the Court of Appeal, by the authority so empowered in relation to civil proceedings in that Court.
Provided that, where the votes are equally divided on the question whether any power to remove a public officer from his or her office should be exercised, the Chairman or other member presiding shall not have a casting vote and the Commission shall be deemed to have decided that that power should not be exercised.
Provided that if at any stage of a duly summoned meeting a quorum is not present, due to the absence of members therefrom-
at the same time and place and notice of such adjournment shall be given to the absent members, and if at the adjourned meeting a quorum is not present, the members then present, being not less than four including the Chairman, shall be deemed to constitute a quorum and any decision made at that or any such meeting shall be valid in law and binding.
shall not be enquired into in any court.
Provided that (without prejudice to the power of Parliament to make provision in relation to the functions of the Elections Commission) in the preceding paragraph that expression does not include the Elections Commission.
Notwithstanding any provision of this Constitution relating to the making of appointments to, removal of persons from, or the vacation of, any office, Parliament may provide for the imposition of disqualification for any office prescribed by Parliament on any person convicted by a court of an offence relating to excitement of hostility or ill-will against any person or class of persons on the grounds of his or her or their race.
Where by this Constitution a person is required to vacate an office when he or she attains an age prescribed by or under the provisions of this Constitution nothing done by him or her in the performance of the functions of that office shall be invalid by reason only that he or she has attained the age so prescribed.
"attorney-at-law" means a person having a general right of audience in the Supreme Court of Judicature;
"Commissioner of Police" means the officer, however styled, commanding the Police Force;
"the Commonwealth" means Guyana and any country to which article 47 applies and any dependency of any such country;
"court" means any court of law in Guyana;
"elected member of the National Assembly" means any person elected as a member of the National Assembly pursuant to the provisions of paragraph (2) of article 60 or article 160(2);
"election" means an election of members to serve in the National Assembly or other elected body established by or under this Constitution, as the case may be;
"financial year" means any period of twelve months beginning on the first day of January in any year or such other date as Parliament may prescribe;
"Guyana" includes, in relation to any period before the day on which this Constitution commences, or anything done before that day, Guyana as it was before that day as well as the former Colony of British Guiana;
"law" includes any instrument having the force of law and any unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;
"local democratic organ" means any local government authority;
"consultation" or "meaningful consultation" means the person or entity responsible for seeking consultation shall-
"oath" includes affirmation;
"oath of office" means, in relation to any office, the oath for the due execution of that office set out in the Schedule to this Constitution or such other oath in that behalf as may be prescribed by Parliament;
"Parliament" means the Parliament of Guyana;
"the Police Force" means the Police Force established by the Police Act and includes any other police force established by or under an Act of Parliament to succeed to or to supplement the functions of that Force but does not include any police force forming part of any naval, military or air force or any police force established by any local democratic organ;
"public office" means an office of emolument in the public service, and for the avoidance of doubt it is hereby declared that the expression includes the office of a teacher in the public service and any office in the Police Force;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"the public service" means, subject to the provisions of paragraph (5), the service of the Government of Guyana in a civil capacity;
"regional democratic council" means the local democratic organ for any region established under article 72;
"session" means, in relation to the National Assembly, the sittings of the Assembly, commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to the National Assembly a period during which the Assembly is sitting continuously without adjournment and includes any period during which the Assembly is in committee; and
"the State" means the Co-operative Republic of Guyana.
I, ....., do hereby solemnly declare that I will bear true faith and allegiance to the People of Guyana, that I will faithfully execute the office of ..... without fear or favour, affection or ill-will and that in the execution of the functions of that office I will honour, uphold and preserve the Constitution of the Co-operative Republic of Guyana.
The heraldic description of the Guyana Flag - known as the "Golden Arrowhead" - presented by the Garter King of Arms from the Royal College of Arms , England, reads as follows-
"Vert upon a pile throughout issuant from the dexter or, fimbriated argent; white upon a pile gules fimbriated sable, upon the same base".
The design and the colour of Guyana Flag are interpreted as follows-
The white symbolises its waters and rivers potential.
The golden arrow symbolises Guyana's mineral wealth and its forward thrust.
The black border the endurance that will sustain the golden arrow's forward thrust into the future.
The red triangle represents the zeal and dynamic nature of the nation building that lies before this young and independent country.
The Flag is designed to be of a proportion 3* 5 on land and 1* 2 at sea.
The colour proportions are: green 50" gold 24" white 67" and black 1".
The design of Guyana s Coat of Arms is interpreted as follows:-
The Amerindian head-dress, the Cacique Crown, symbolises the Amerindians as the indigenous people of the country.
The two diamonds at the sides of the head-dress represent the country' s mining industry.
The helmet, on which the Cacique Crown rests, is the monarchical insignia.
The two jaguars rampant, holding a pick-axe, a sugar cane, and a stalk of rice, symbolise labour and the two main agricultural industries of the country, sugar and rice.
The shield which is decorated with the national flower, the Victoria Regia Lily, is to protect the nation.
The three blue wavy' barrulets represent the three great rivers and many waters of Guyana.
The Canje Pheasant at the bottom of the shield is a rare bird found principally in this part of the world, and represents the rich fauna of Guyana.
Dear land of Guyana, of rivers and plains made rich by the sunshine and lush by the rains; Set gem-like and fair, between mountains and sea, Your children salute you, dear land of the free.
Green land of Guyana, our heroes of yore, Both bondsmen and free, laid their bones on your shore; This soil they so hallowed, and from them are we, All sons of one mother, Guyana the free.
Great land of Guyana, diverse though our strains, We are born of their sacrifice, heirs of their pains, And ours is the glory their eyes did not see - One land of six peoples, united and free.
Dear land of Guyana, to you will we give our homage, our service, each day that we live; God guard you, great Mother, and make us to be More worthy our heritage - land of the free.
I pledge myself to honour always the flag of Guyana, and to be loyal to my country, to be obedient to the laws of Guyana, to love my fellow citizens, and to dedicate my energies towards the happiness and prosperity of Guyana.
The Ethnic Relations Commission
The Human Rights commission
The Women and Gender Equality Commission
The Indigenous Peoples' Commission
The Rights of the Child Commission
The Office of the Auditor General.
The Chambers of the Director of Public Prosecutions
The Judicial Service Commission
The Public Service Commission
The Police Service Commission
The Teaching Service Commission
The Public Service Appellate Tribunal
The Public Procurement Commission
The Office of the Ombudsman
The Guyana Elections Commission (GECOM)
The Parliament Office
Convention on the Rights of the Child.
Convention on the Elimination of All Forms of Discrimination against Women.
Convention on the Elimination of All Forms of Racial Discrimination.
Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment.
Covenant on Economic, Social and Cultural Rights.
Covenant on Civil and Political Rights.
Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.