A process of constitutional reform began in 1995 with a Parliamentary Select Committee receiving submissions from individuals and organisations and holding hearings in various parts of the country. Unfortunately, the process was not completed in time for the l977 elections which were followed by disturbances.

Subsequently a Constitution Reform Commission was established which held hearings and received submissions in l999. A Parliamentary Select Committee reviewed the recommendations for changes that emerged from that commission. Subsequently, an Oversight Committee approved the drafts of various amendments. It may be useful to remind ourselves briefly of some of the main changes relating to the judiciary and fundamental rights.

An amendment to Article 123 caters for the new Caribbean Court of Justice to which Guyana is a signatory and which will become the final court of appeal for domestic litigation. Once approved by Parliament, a subsequent withdrawal will only be possible with the votes of two-thirds of all the elected members.

Under Article 127, the Chancellor and the Chief Justice will be appointed by the President “after obtaining the agreement of the Leader of the Opposition.” Under Article 128, other judges shall be appointed by the President “who shall act in accordance with the advice of the Judicial Service Commission.”

Under Article 128A part-time judges may be appointed by the President in accordance with the advice of the Judicial Service Commission. Parliament may determine the terms and conditions of their appointment.

As regards fundamental rights, there are some significant changes. Under Article 138 (3) no person who was under 18 when he or she committed an offence shall be subjected to capital punishment.

Under Article 139 (3) a person arrested or detained shall be entitled (it used to be `permitted’) to retain a lawyer. Under 139 (4) such a person must be brought before the court within seventy-two hours of arrest, though the police can apply for extensions of time.

Under Article 142 (1) the protection contained in the l966 constitution for property owners, namely that they must be paid prompt and adequate compensation if their properties are compulsorily acquired by the State, has been restored. It was recently applied in the case involving the acquisition of Toolsie Persaud Limited’s property in Water street.

Article 142 A provides that every public sector worker shall enjoy an enforceable right to any pension or gratuity granted to him under any law or collective agreement.

Under Article 195 A no person shall be hindered in the enjoyment of his right to establish a private school, which shall be under regulation by the State.

Article 146 protects freedom of expression. However, Article 146 (2) (d) provides that a law that imposes restrictions on any person or institution advancing, disseminating or supporting an idea which may result in ethnic division shall not be held to be consistent with that article. 146 (3) says freedom of expression does not relate to hate speeches or other expressions capable of exciting hostility or ill-will against any person or class of persons.

Article 147 protects the right to strike and to enter into collective agreements.

In Article 148, the grounds on which there is protection from discrimination have been expanded.

Finally, Article 153A says citizens are entitled to the human rights enshrined in international treaties which Guyana has signed. There are other new fundamental rights relating to indigenous peoples, the environment, participation in decision making, equal status and free compulsory primary and secondary education.

By any reckoning this is substantial change and it will take some time for citizens to absorb it all. But once again, it is important not to minimise what has been achieved, perhaps more commendable given the human resource bottlenecks in terms of drafting and other constraints that exist.