Guyana leaps towards modern legal landscape

By: Kesi Henry

Guyana’s legislative landscape is a critical element of the country’s socioeconomic infrastructure.

To this end, the government has been working to modernise and improve the legal system to address the challenges of a rapidly developing nation.

This effort sees a comprehensive array of interventions, which include the expansion, and enhancement of court infrastructure, among other things.

From August 2023 to date, a number of new courts have been commissioned, while several others are being considered.

Added to this, in December of last year, an automated case management system was commissioned at the Diamond Magistrate’s Court, to streamline court processes, reduce backlogs, and enhance efficiency.

The system was launched in partnership with the United States Government.

Efforts are also underway to incorporate more technology into the judicial system for improved case management, electronic filing, and public access to information.

With the commissioning of the Vigilance Magistrate’s Court, the Hope and Justice Centre, the Child Court at Wales, and the new wing of the Court of Appeal, the government has demonstrated its unwavering determination to expand legal aid services and improve access to justice for marginalised groups.

Building on this principle, the government in July also took the critical services of the Deeds and Commercial Registry, along with agencies such as the Guyana Lands and Surveys Commission and the General Registry Office to Region One.

This was a commitment made by President, Dr Mohamed Irfaan Ali, during a previous visit, when he underlined that his administration is keen on bringing essential services closer to the people.

“Wherever you are located in the country, you don’t necessarily have to travel to Georgetown to get services of the government. The government has committed to delivering those services to you in your locality,” Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, said during the outreach in Barima-Waini.

Restorative Justice

The nation’s restorative justice agenda has gradually unfolded, since the passage of the bill in 2022, with the aim of fully incorporating the doctrine into Guyana’s criminal justice system.

Last year, the government embarked on a series of sensitisation sessions, to inform Guyanese of the various tenets of the concept, as well as the circumstances under which it is applicable, in accordance with the legislation.

Further implementation saw the training of community leaders, law enforcement representatives, civilians, and other social groups.

Several participants who completed the knowledge-sharing session in March expressed confidence that the doctrine would transform Guyana’s justice system.

Importantly, the Attorney General’s Chambers in collaboration with the Caribbean Court of Justice (CCJ) Academy of Law successfully hosted the First Legal Conference on Criminal Justice Reform, which featured a stimulating exchange of ideas among Caribbean legal minds, including measures in implementing restorative justice. 

Over 200 attendees convened from July 10-11 for this event, which aimed at enhancing the Needham’s Point Declaration, which outlines 39 recommendations for creating a modern and efficient criminal justice system.

The conference was part of the Inter-American Development Bank (IDB)-funded Support for the Criminal Justice System project.

Critical pieces of legislation

Several key pieces of legislation were also passed over the past year.

Within the legal affairs sector, the passage of the arbitration bill has paved the way for Guyana to become a hub for commercial arbitration, while the enactment of the Constitutional Reform Commission Bill brings to fruition the government’s model for constitutional reform, which was laid out in its 2020-2025 manifesto.

The act seeks the establishment of the Constitution Reform Commission (CRC), which consists of 20 members, mandated to review the constitution to provide for the current and future rights, duties, liabilities, and obligations of the Guyanese people.

During his 2024 budget presentation in January, AG Nandlall was adamant that the government is taking all the necessary measures to foster a more robust and modern legal system.

This is made even more crucial, against the backdrop of a rapidly expanding economy.

“Most of the transformational policies and projects which we are embarking upon require a modern legislative framework to cradle, embrace, and regulate them. Therefore, we are compelled to pursue a most robust legislative agenda to support these initiatives,” the AG said.

In 2023, the Guyana Compliance Commission Act was passed in the National Assembly, providing much-needed supervisory oversight for designated non-financial businesses or professions and non-bank financial institutions.

Essentially, this legislation paves the way for enhancing the compliance, guidance, and training regime on money laundering, and terrorism financing in Guyana.

Additionally, the Real Estate Agents and Brokers Bill which was recently passed, established a code of conduct for real estate agents and brokers.

Meanwhile, Guyana has also made significant progress within the Anti-Money Laundering, Countering the Financing of Terrorism (AML/CFT) Regime.

The country was able to join the prestigious Egmont Group which is the International Association of Financial Intelligence Units. With this membership, the country can better tackle these challenges through enhanced collaboration.

Robust amendments were also made to the Anti-Money Laundering and Countering the Financing of Terrorism Act of 2009 in 2023, fortifying the administration’s dedication to meeting the best-practiced standards of the Financial Action Task Force (FATF).

These amendments significantly strengthen the government’s legislative ability to forfeit assets and proceeds of crime.

These monumental strides received technical support from the International Financing Agency, the National Centre for State Courts, the Caribbean Financial Action Task Force, and the Regional Security System Asset Recovery Unit.

Building capacity

Another cornerstone of the government’s legislative development agenda has been its firm support for the judiciary. It is no secret that the backlog of cases in the legal system has put a strain on the existing complement of judges, and since assuming office, the government has resolved to fill the gaps and boost capacity to manage this influx of cases.

In February of this year, nine new magistrates were sworn in, as part of this effort. In April and June, three new commissioners of title were sworn in, along with ten new puisne judges.

The future of Guyana’s legislative landscape remains bright, as the government is actively working on key pieces of legislation, planning the construction and establishment of more courthouses and legal facilities nationwide, and crafting comprehensive policies and initiatives to foster a more modern, efficient, and robust framework.

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