‘Constitution still protecting your fundamental rights, freedoms’ – AG

In-person lectures for the International Human Rights Law Course began on Monday with Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall delivering the inaugural presentation.

The course, conceptualised and executed by the Ministry of Parliamentary Affairs and Governance, was launched on 29 July.

It focuses on several key areas, including Guyana’s human rights framework, the International Bill of Rights, significant legislation protecting human rights in Guyana, freedoms, and contemporary issues in human rights law.

In his comprehensive presentation, Minister Nandlall reaffirmed support for the country’s constitution and emphasised its vital role in guiding subsidiary legislation.

He detailed the historical evolution of the Constitution of Guyana, noting that it was based on the Westminster model, which drew from the French Constitution and the Constitution of the United States of America.

After drafting, this model was adopted by many Caribbean countries, including Guyana.

“These rights, which are called fundamental rights, are the rights that we have in our constitution…the entire legal system of [our] country centred around the Constitution, and that Constitution became the supreme of the law,” he explained.

Embedded in this Constitution, the Attorney General said, are rights to protect humans from harm and support the continued evolution of mankind.

He was adamant that these rights are also defined as fundamental rights.

“The French Parliament refers to [these rights] in the preface of its Constitution in 1791 as ‘the natural, inalienable, and sacred rights of man’. So that is why these rights are called fundamental rights,” he said.

The Attorney General posited, “One of the reasons why they are called fundamental rights is because…they cannot be altered by an ordinary process…because [the Constitution] is the supreme law, almost every provision of it is protected, meaning that it cannot be changed by an ordinary majority vote on the floor of the Parliament.”

Absolutism of Fundamental Human Rights

Notwithstanding this primary principle, Minister Nandlall was careful to explain that not all fundamental rights are absolute.

This means that some of these rights are not immovable, or in some way, unchanging no matter the circumstance.

Instead, they must display a balancing act that creates the environment for fair jurisprudence to take place.

“You have a right to free speech, but you cannot shout ‘Fire! Fire!’ in a crowded cinema because it will cause mayhem. You have a freedom of movement, but you cannot drive down a one-way street. So all freedoms have restrictions and they have qualifications,” Minister Nandlall detailed while citing several cases to support the position.

Additionally, the Minister reasserted the fact that rights must not be exercised by individuals at the expense of the public good.

“The same rights and freedoms that the Constitution gives you must be balanced against the rights and freedoms of your neighbour. So, you have a right to play music, but your neighbour has a right to enjoy peace and quiet. So if you play your music to such a decibel so as to affect his quietude, then you have a problem,” Nandlall described.

Delivering brief remarks, Minister of Parliamentary Affairs and Governance Gail Teixeira underscored the importance of a better understanding of human rights laws by the citizenry.

According to the minister, the course has been tailored to raise more awareness about the Constitution and its empowering nature.

“I believe that this session is very important for all members here today to really understand our Constitution and to recognize how it works, and how we can use in the best way to enhance our democratic processes, our structures, our systems, and of course human rights,” she said.

The International Human Rights Law Course will cover some ten weeks of informative training sessions catering to 195 participants.

The sessions will be facilitated by several high-level officials well versed in the law and human rights matters, including Chief Justice Roxanne George-Wiltshire and representatives from the Food and Agriculture Organization (FAO).