Citizens' rights, freedom not infringed by anti-crime bills
- AG assures
Guyana Chronicle
September 22, 2002

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NO CITIZEN'S right or freedom enshrined in the Constitution of Guyana will, in any way, be infringed by proposed law amendments now before Parliament, according to Attorney General and Minister of Legal Affairs, Mr. Doodnauth Singh, S.C.

These amendments were considered at a special sitting of Cabinet, summoned by President Bharrat Jagdeo, on August 3, 2002, as part of his Administration's policy of treating the crime situation as a national priority, the Guyana Information Agency (GINA) noted yesterday.

Four pieces of anti-crime legislation were tabled in Parliament on Thursday and Singh gave the assurance that they will in no way infringe the constitutional rights or freedom of citizen.

The law changes proposed are the Racial Hostility Act, Criminal Law (Offences) Act, Evidence Act, and Prevention of Crimes Act.

The draft amendment to the Racial Hostility Act proposes to substantially increase the penalties for offences committed under the Act. GINA noted that it also widens the definition of "record" to include any film, negative, tape or other device so that a person who commits an offence under the Act by publication in any film, negative or tape may be found guilty.

The proposed amendment also provides for a person who suffers damage of the type contemplated by the Act to proceed to enforce his or her right in the civil jurisdiction in any Court, it added.

The draft amendment of the Criminal Law (Offences) Act is intended to serve as a deterrent to those who are inclined to commit acts of violence, including destruction of property.

The draft amendment of the Evidence Act proposes to add disc, tape sound track or other device in which sound or data are embodied, any film, negative, tape or such other device as admissible evidence in a court. The general thrust of the new provision is to provide for the admissibility of documents produced by computers.

The proposed amendment of the Prevention of Crimes Act seeks to introduce legislation that allows for Guyanese convicted of certain offences in a foreign state and who are deported to Guyana to be effectively monitored by the Police. The amendment also proposes to make it possible for certain classes of deportees to Guyana and even persons who have elected to return to Guyana in lieu of deportation to be subjected to police supervision, GINA said.

"These proposed amendments are consistent with the policy of the Administration to ensure that adequate legislation is in place to further support the law enforcement agencies' efforts to maintain law and order and effectively fight crime", the agency said.

It reported that in response to objections raised by the main Opposition People's National Congress Reform (PNC/R) and the Guyana Bar Association (GBA) to certain aspects of the tabled amendments, and calls for delay in the passage of the anti-crime legislation by GAP-WPA and ROAR groups, Mr. Robert Persaud, Information Liaison to the President, remarked: "These groups and their spokespersons are very vocal in the media calling on the Government to do more and take firmer action against criminal elements in our society."

"Strangely, when the Administration proposes action and institutes anti-crime initiatives, frequently, these are either rebuffed or not supported", he told the agency.

According to Persaud: "Congress Place (PNC/R headquarters) and the Bar Association's criticisms of the anti-crime Bills seem to do little about contributing to the process and more about frustrating anti-crime action measures which the people of Guyana support. It is known that the Attorney General was mandated by Cabinet to embark on a consultation process, which he did, that involved various concerned groups and individuals, including the Bar Association."

"Why did the President of the Bar Association wait weeks later, until the Bills were being tabled in the National Assembly, to air his concerns?"

"Also, the minor parties in Parliament GAP-WPA and ROAR have called for more time to study the Bills, a request to which the Government has responded in the affirmative. But it must be noted that these groups were fully aware of the impending Bills, which were given much coverage in the media and sent to them days before the September 19th sitting. While these very groups demand quick and resolute action, in the media, very often, when it's time to play their part in the anti-crime efforts, there is a disconnect between their rhetoric and action," Persaud told GINA.

It said he called on "all groups and their representatives not to procrastinate or attempt to interrupt the Government and the law enforcement agencies' response to the crime situation."

He noted "constructive input is most welcome and this the Government has facilitated through the on-going National Consultation on Crime, which allows political parties, civil society and all Guyanese to make their contribution to the process. At the end of the day, support for the fight against crime must be unequivocal", GINA said.