Nation-building recommendations of the UN Human Rights Committee
Former UN High Commissioner for Human Rights And Seventh Chancellor of the University of Guyana
Every country needs a national vision. Every country needs to have an on-going dialogue among its citizens on how it is evolving. Sometimes this dialogue can take place inside the country. This can be more difficult in multi-ethnic countries – especially where parties draw their support from ethnic bases. In such countries, international or regional dialogue partners can be helpful.
Every country needs leadership that is wise, broadminded and future-oriented, even in the midst of political campaigning. In Guyana, Forbes Burnham had the opportunity of providing broad-minded leadership when he first came to power. Alas, despite his brilliance, he did not bring the country together. The national outpouring of grief for Dr Cheddi Jagan when he died, across the races, showed that he had won the affection of the Guyanese people.
When Bharrat Jagdeo first came to power as a youthful President, the country looked to him to help it heal and go forward in harmony. He has proved to be a formidable politician for the PPP, but it is clear that he is not perceived by the Guyanese public as a healer. And he is shrouded in controversies.
Irfaan Ali came to the Presidency also shrouded in controversy over pending charges that had to be dropped because he was elected President, and over issues of selfpresentation and academic credentials. Further, he came to power in a bitterly divided country, in which the previous Government had lost the election but sought energetically to stay in power nevertheless.
He was, is, young, and could help heal the country. But though possessing good advocacy skills, he is shrill, and that does not help heal a still divided nation. He would do well to remember Article 17 of the ‘Constitution of Medina’ (622) considered the first constitutional document in the world, written by another Mohammed, the Prophet (PBUH): “The peace of the believer is indivisible. …Conditions must be fair and equitable to all”.
This is where the UN Human Rights Committee comes in. If President Ali [and his Government] were to consider carefully what the Committee has recommended, especially its nation-building recommendations, he could turn this into an opportunity to help the country go forward more harmoniously.
The UN Human Rights Committee will soon be fifty years old. It came into existence when the International Covenant on Civil and Political Rights entered into force in 1976. It operated wisely during the Cold War, and has helped numerous countries that cooperated with it in good faith – countries that wanted to be helped.
Uruguay was one such country. It went through a civil war during which numerous atrocities were committed. In a series of cases, the Committee held against Uruguay. But Uruguay stayed the course of cooperation, and when democracy returned, Uruguay used its dialogue with the Human Rights Committee to heal itself and to build a stronger society.
Countries cooperating with international human rights treaty bodies usually have a section dedicated to such cooperation that operate out of the Ministry of Justice, interacting with the international committees on an ongoing basis. International human rights treaties can help Guyana knit a harmonious society. Guyana would do well to have such a section on international human rights treaties in the Ministry of Justice – or to enhance it if there is already one.
The Human Rights Committee has asked Guyana to provide, by 29 March,2027, information on the implementation of its recommendations, and has further asked Guyana to submit its Fourth Report to the Committee for consideration in 2032. Whichever Government is in power, it would be important to have a dedicated group of officials from the Ministry of Justice preparing the information for 2027, as well as the Fourth Report for 2032. This could take the political sting out of the process of preparing and presenting reports.
The Concluding Observations of the Human Rights Committee, dated 28 March, 2024, are thirteen pages long. There are statements of policy accompanied by amplification of details on which there can be legitimate room for discussion.
The Committee began by welcoming the recent adoption by Guyana of sixteen pieces of new legislation. So, the recommendations are preceded by appreciation for some positive steps.