Our constitution is inadequate for assuring the rights of women in Guyana.

​The rights of women are protected under the Constitution and CEDAW (Convention on the Elimination of All Forms of Discrimination against Women), but women are still subject to prejudice and indirect discrimination. This brings up the debate about equality in society. The Constitution ought to be changed in a way that strives to achieve equality. This could in fact be achieved through inequality – providing women with additional statutory help and support to balance out the disadvantages that they face. 

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Our Current Situation
Guyana ratified without reservations the Convention on the Elimination of All Forms of Discrimination against Women [1] (CEDAW) in 1980. According to Art. 154A (1) of the Constitution of Guyana, the individual rights arising out of international treaties ratified by Guyana could be limited under Art. 154A (6), which provides that this could happen if two thirds of the MPs in the National Assembly vote in favor of such limitation. This renders the status of CEDAW in Guyana unclear. [2] No legislation in Guyana, neither the Constitution, nor the Equal Rights Act 1990, [3] nor the Prevention of Discrimination Act, [4] defines what is meant by discrimination against women – such definition exists under the CEDAW.

Nevertheless, the Constitution contains several provisions on the rights of women. S. 29 provides that the participation of women in decision-making in the country should be encouraged. S. 149F establishes the right to equality for women and prohibits all types of discrimination on the basis of sex. S. 212Q and R establish the Women and Gender Equality Commission of Guyana [5] which is created to deal specifically with women issues and report to the National Assembly annually.[6] Its role is however, very limited and unclear. It does not have mechanisms to ensure that gender equality policies are implemented throughout the work of ministers and government offices. [7]

REFERENCES (a)

[1] United Nations, Convention on the Elimination of All Forms of Discrimination against Women 1979
[2] Zou, X. Rapporteur on follow-up Committee on the Elimination of Discrimination against Women, ‘Follow-up letter sent to the State party’ YH/follow-up/Guyana/64, 10 August 2016. Available at http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/GUY/INT_CEDAW_FUL_GUY_24830_E.pdf [Accessed 3 April 2017], p. 1
[3] Equal Rights Act 1990, Act No. 19 of 1990. Available at http://blue.lim.ilo.org/cariblex/guyana_act7.shtml [Accessed 3 April 2017]
[4] Prevention of Discrimination Act 1997, Chapter 99:09. Available at http://goinvest.gov.gy/wp-content/uploads/Prevention-of-Discrimination-cap9909.pdf [Accessed 3 April 2017]
[5] Women and Gender Equality Commission of Guyana. Information available at http://www.wgec.gy/ [Accessed 3 April 2017]
[6] Ibid.
[7] United Nations, Committee on the Elimination of Discrimination against Women, ‘Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guyana’ CEDAW/C/GUY/CO/7-8, July 2012. Available at http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsldCrOlUTvLRFDjh6%2fx1pWBdSsWabnlQPGDrCr0bgA9TVT8qrLt9S8Vn%2bSb2Uv1snuQrCJDWFadLs7tMBuf1IH0H4Rof8nVVqCfHC8i9FaAd [Accessed 3 April 2017]

Despite the fact that the Constitution and several other acts provide for gender equality and women rights, which is in stark contrast with LGBT rights, the problems for women in the Guyanese society stem from the deeply rooted stereotypes about the traditional roles of women in society, including reproduction, child rearing, caring for children and elderly dependents. Facilities for day care and senior care stand to ameliorate the need for home care. There is no comprehensive strategy or legal framework to deal with stereotypes, which is a requirement under the CADAW. [8]
 
Indigenous women are marginalized as the most vulnerable group. Like other rural citizens, they have difficulty in accessing justice. There is a lack of permanent magistrates’ courts in rural areas. [9]

Their socio-economic development is hindered by indigenous communities’ rules which force them into early marriage and pregnancy that interrupts their education. [10]

Such customs and practices perpetuate discrimination against women, which puts them in a disadvantaged position in regards to education, public life and decision-making. [11] There is also a language barrier. Indigenous women often do not speak English as a first language and are likely to convey their beliefs less effectively by various women advocacy groups. [12]​

REFERENCES (B)

​[8] United Nations, Committee on the Elimination of Discrimination against Women, ‘Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guyana’, p. 3
[9] Ibid., p. 2
[10] US Aid, ‘Democracy, Human Rights, And Governance Assessment Of Guyana’, Final Report, March 2016. Available at https://gy.usembassy.gov/wp-content/uploads/sites/117/2016/09/Final-Guyana-DRG-Assessment-Public-Version-March-2016.pdf [Accessed 3 April 2017]
[11] Wills, D. ‘#LifeInLeggings: A growing movement for women’s rights in a ‘patriarchal’ Guyana’, Demerara News (online), 12 March 2017. Available at http://demerarawaves.com/2017/03/12/lifeinleggings-a-growing-movement-for-womens-rights-in-a-patriarchal-guyana/ [Accessed 3 April 2017]
[12] US Aid, ‘Democracy, Human Rights, And Governance Assessment Of Guyana’, Final Report, March 2016. Available at https://gy.usembassy.gov/wp-content/uploads/sites/117/2016/09/Final-Guyana-DRG-Assessment-Public-Version-March-2016.pdf [Accessed 3 April 2017]

Another problematic group of women are the victims of domestic violence. As of September 2016, there were 204 reports of rape and only 36 people charged for it.[13] The small numbers show that many cases of rape and domestic violence remain unreported. [14] Furthermore, sexual violence is culturally accepted in some indigenous communities. [15] Controlling behavior or coercive control which is an expression of modern slavery is not criminalized in Guyana. [16] Yet, it is responsible for the high suicide rate, the widespread use of Valium and other sleeping medicines among women. [17]
 
The percentage of women in the work place is significantly lower than that of men – 44 per cent of women are in employment, compared to 83 per cent of men as of 2014. [18] There is a concentration of women in the informal sector where there is no social security or benefits. Many women also perform unpaid family work, especially in the agricultural sector. [19] Women are paid approximately 61 per cent less than men for the same work. [20]
 
Applying Theory to Find Solutions
The case with women’s rights in Guyana relates to the jurisprudence debate about formal justice and equality. While for the Greeks justice embodied the idea of inequality, for modern law, equality is understood as the very essence of justice. The current state of the law on women’s rights in Guyana, for example, does not provide for equality and therefore, it is unjust.

REFERENCES (C)

​[13] United States, Department of State, ‘Guyana 2016 Human Rights Report’. Available at https://www.state.gov/documents/organization/265804.pdf [Accessed 3 April 2017], p. 10
[14] United Nations, Committee on the Elimination of Discrimination against Women, ‘Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guyana’, p. 10
[15] Ibid.
[16] Chabrol, D. ‘Achieving Women’s Rights Still an Uphill Battle- Guyana Human Rights Association’
[17] Ibid.
[18] United States, Department of State, ‘Guyana 2016 Human Rights Report’, p. 11
[19] United Nations, Committee on the Elimination of Discrimination against Women, ‘Concluding Observations of the Committee on the Elimination of Discrimination against Women: Guyana’, para. 31
[20] United States, Department of State, ‘Guyana 2016 Human Rights Report’, p. 11

However, equality is not easy to cultivate or impose as people are not equal – they have differences among themselves. [21] Mechanical equal distribution fails to take into account these differences. [22] Individuals have different desires and therefore, it is problematic to claim that they ought to receive equal. This problem is solved differently by various theorists. Libertarians such as Hayek [23] by referring to John Locke argue that the core rights are freedom and property. Therefore, they are against redistribution and social justice and for the free market. Market forces, however, are not capable of regulating society by themselves, although they are a powerful factor as free markets have uneven effect over various societal groups. For instance, the need for cheap labor in the free market puts many women in Guyana in a disadvantaged position as unpaid work positions are typically taken by women. 
 
Unlike libertarians, the utilitarian school of thought is for equality as everyone counts as one and since no one is more than one, everyone’s interests need to be treated equally regardless of their contents. [24] This is, however, not a viable philosophy as it contradicts with everyday understanding of equal treatment as it basically states that selfish interests should be respected equally with all other interests. [25]
 
The most suited contemporary philosophy that explains what needs to be pursued when enacting legislation on equality is the equality of welfare and resources theory of John Rawls [26] and Ronald Dworkin. [27] According to the two, equality amounts to equality of opportunity – the same initial expectations of basic goods. This theory accounts for individual choices – unequal redistribution

REFERENCES (d)

​[21] Gosepath, S. ‘Equality’, Stanford Encyclopedia of Philosophy (online), 27 June 2007. Available at https://plato.stanford.edu/entries/equality/ [Accessed 3 April 2017]
[22] Ibid.
[23] Hayek, F. The Constitution of Liberty (London, Routledge and Kegan Paul, 1960)
[24] Bentham, J., cited in Gosepath, S. ‘Equality’
[25] Dworkin, R. Taking Rights Seriously (Cambridge, Harvard University Press, 1977), p. 234
[26] Rawls, J. A Theory of Justice (Cambridge, Harvard University Press 1999)
[27] Dworkin, R., ‘What is Equality? Part 2: Equality of Resources’ 10 Philosophy and Public Affairs 283

is justified if it results from individual choices, but not when it is based on innate provisions, gifts and luck. [28] A proof that this theory works for Guyana is that when placed in the same conditions and given the same opportunities in higher education, women significantly outperform men, which bolsters their position and alleviates some of the inequality against women. [29]
 
Broad declaratory provisions such as those in the Constitution of Guyana do not stand a chance of promoting justice for women. Justice needs to be strengthened by enacting more positive law, protecting women’s rights. This approach has stood the test of time. For example, the US, which was established not that long ago from a historic perspective – in 1776 enshrined principles and value judgments in its Constitution and Bill of Rights, e.g. freedom of speech is an absolute priority. The Constitution of Guyana needs much more detail on the principles relating to women. Any subsequent legislation that contradicts these principles will then easily be struck down as unconstitutional. This is just the beginning or solving the problem of women in Guyana. There is a lot of work to be done by non-governmental organisations and the government in order to tackle the problem with deeply embedded stereotypes, further enhanced by indigenous cultures.
 
To improve equality and thus, justice in the Guyanese society, the Constitution needs to be reformed by adding detailed provisions on the rights of women, rather than mere declarations. Stating, for example, that when different interests are balanced, women’s rights will be prioritized, will eventually turn protection of women of value for the society.

REFERENCES (e)

[27] Ibid, p. 290
[28] Government of Guyana, Ministry of Education statistice . Available at http://www.education.gov.gy/web/index.php/downloads/cat_view/8-downloads/60-digest-of-education-statistics [Accessed 3 April 2017]

Author: Arun Richard

Arun is a Civil Engineer and Project Manager who has elected to stay in Guyana and help build a society we can be proud of. He is passionate about enabling people-driven solutions and deriving strategic ways of solving problems. He is very liberal and challenges himself to see all perspectives, in an effort to arrive at a collective position which is fair to all.