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CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA


PREAMBLE

WE THE PEOPLE OF THE CO-OPERATIVE OF GUYANA,

the proud heirs of the indomitable spirit and unconquerable will of our forefathers who by their sacrifices, their blood and their labour made rich and fertile and bequeathed to us as our inalienable patrimony for all time this green land of Guyana,

SALUTING the epic struggles waged by our forefathers for freedom, justice and human dignity and their relentless hostility to imperialist and colonial domination and all other forms and manifestations of oppression;

ACCLAIMING those immortal leaders who in the vanguard of battle kept aloft in the banner of freedom by the
example of their courage, their fortitude and their martyrdom, whose names and deeds being forever enshrined in our hearts we forever respect, honour and revere;

INSPIRED by the glorious victory of 26th May, 1966, when after centuries of heroic resistance and revolutionary endeavor we liberated ourselves from colonial bondage, won political independence and became free to mold our own destiny;

CONSCIOUS of the fact that to bring about conditions necessary for the full flowering of the creative genius of the people of Guyana formal political sovereignty must be complemented by economic independence and cultural emancipation;

HAVING ESTABLISHED the Republic on 23rd February, 1970, to reinforce our determination to chart an independent course of development in conformity with our historical experience, our cultural heritage and our common aspirations;

PLEDGED to defend our national sovereignty, to respect human dignity and to cherish and uphold the principles of freedom, equality and democracy and all other fundamental human rights;

DEDICATED to the principle that the people of Guyana are entitled as of right to enjoy the highest possible standard of living and quality of life consistent with their work and the possibilities of the country's resources;

CONVINCED that the organisation of the State and society on socialist principles is the only means of ensuring social and economic justice for all of the people of Guyana; and, therefore,

BEING MOTIVATED and guided by the principles of socialism;

BEING OPPOSED to all social, economic and political systems which permit the exploitation of man by man; and

ACKNOWLEDGING our common purpose of national cohesion and our common destiny as one people and one nation,

DO SOLEMNLY RESOLVE to establish the State on foundations of social and economic justice, and accordingly by popular consensus, after full, free and open discussion, debate and participation,

DO ADOPT the following֖

CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA

PART 1

GENERAL PRINCIPLES

CHAPTER I

THE STATE AND THE CONSTITUTION

1. Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the Co-operative Republic of Guyana.

2. The territory of the State comprises the areas that immediately before the commencement of this Constitution were comprised in the area of Guyana together with such other areas as may be declared by Act of Parliament to form part of the territory of the State.

3. The capital of the State is the city of Georgetown.

4. The national flag of the State is the flag known as "The Golden Arrow Head."

5. The coat of arms of the State is that in use at the commencement of this Constitution.

6. The national anthem of the State is the anthem known as "Green Land of Guyana."

7. It is the duty of every citizen of Guyana wherever he may be and of every person in Guyana to respect the national flag, the coat of arms, the national anthem and the Constitution of Guyana, and to treat them with due and proper solemnity on all occasions.

8. The Constitution is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, by void.

CHAPTER II

PRINIPLES AND BASES OF THE POLITICAL, ECONOMIC AND SOCIAL SYSTEM

9. Sovereignty belongs to the people, who exercise it through their representatives and the democratic organs established by or under this Constitution.

10. The right to form political parties and their freedom of action are guaranteed. Political parties must respect the principles of national sovereignty and of democracy.

11. Co-operatives, trade unions and all socio-economic organisations of a national character are entitled to participate in the various management and decision-making processes of the States and particularly in the political, economic, social and cultural sectors of national life.

12. Local government by freely elected representatives of the people is an integral part of the democratic organisation of the State.

13. The principle objective of the political system of the State is to extend socialist democracy by providing increasing opportunities for the participation of citizens in the management and decision-making processes of the State.

14. The supreme goal of the economic system which is being established in the State is the fullest possible satisfaction of the people's growing material, cultural and intellectual requirements, as well as the development of their personality and their socialist relations in society.

15. (1) In order to achieve economic independence as the imperative concomitant of its political independence, the State will revolutionize the national economy.

(2) The national economy of the State will be based upon the social ownership of the means of production and the eventual abolition of internal arrangements and relationships which permit the exploitation of man by man.

(3) The economy will develop in accordance with the economic laws of socialism on the foundation of socialist relations of production and development of the production forces.

(4) National economic planning shall be the basic principle of the development and management of the economy. It shall provide for the widest possible participation of the people and their socio-economic organs at enterprise, community, regional and national levels, and shall also provide continuous opportunity for the working people to exercise initiative and to develop a spirit of creativity and innovation.

16. Co-operativism in practice shall be the dynamic principle of socialist transformation and shall pervade and inform all interrelationships in the society. Co-operativism is rooted in the historical experience of the people, is based on self-reliance, is capable of releasing the productive energies of the people, and is a unifying principle in the total development of the nation.

17. The existence of privately owned economic enterprises is recognized. Such enterprises must satisfy social needs and operate within the regulatory framework of national policy and the law.

18. Land is for social use and must go to the tiller.

19. Every citizen has the right to own personal property which includes such assets as dwelling houses and the land on which they stand, farmsteads, tools and equipment, motor vehicles and bank accounts.

20. The right of inheritance is guaranteed.

21. The source of the growth of social wealth and of the well-being of the people, and of each individual, is the labour of the people.

22. (1) Every citizen has the right to work and its free selection in accordance with social requirements and personal qualifications. He has the fight to be rewards according to the nature, quality and quantity of his work. Women and men have the right to equal pay for equal work.

(2) Socially useful activity is an honourable duty of every citizen able to work. The right to work implies a corresponding duty to work.

(3) The right to work is guaranteed

(i) By social ownership of the means of production, distribution and exchange;
(ii) by socialist planning, development and management of the economy;
(iii) By planned and progressive growth of the socialist productive forces and labour productivity;
(iv) By consistent implementation of scientific principles and new and productive forces and labour productivity;
(v) by continuous education and training of citizens;
(vi) by socialist labour laws; and
(vii) by sustained efforts on the part of the State, co-operatives, trade unions and other socio-economic organisations and the people working together to develop the economy in accordance with the foregoing principles in order to increase continuously the country's material wealth, expand employment opportunities, improve working conditions and progressively increase amenities and benefits.

23. Every citizen has the right to rest, recreation and leisure. The State in co-operation with co-operatives, trade unions and other socio-economic organisations will guarantee this right by prescribing hours and conditions of work and by establishing holiday arrangements for workers, including a complex of cultural, educational and health institutions.

24. Every citizen has the right to free medical attention and also to social care in case of old age and disability.

25. Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.

26. Every citizen has the fight to proper housing accommodation.

27. Every citizen has the right to a free education from nursery to university as well as at non-formal laces share opportunities are provided for education and training.

28. Every young person has the right to ideological, social, cultural and vocational development and to the of the socialist order of society.

29. (1) Women and men have equal rights and the same legal status in all spheres of political, economic and social life. All forms of discrimination against women on the basis of their sex is illegal.

(2) The exercise of women's rights is ensured by according women access with men to academic, vocational and professional training, equal opportunities in employment, remuneration and promotion, and in social, political and cultural activity, by special labour and health protections measures for women, by providing conditions enabling mothers to work, and by legal protection and material and moral support for mothers and children, including paid leave and other benefits for mothers and expectant mothers.

30. Children born out of wedlock are entitled to the same legal rights and legal status as are enjoyed by children born in wedlock. All forms of discrimination against children on the basis of their being born out of wedlock are illegal.

31. It is the duty of the State to protect the just fights and interests of citizens abroad.

32. It is the joint duty of the State, the society and every citizen to combat and prevent crime and other violations of the law and to take care of and protect public property.

33. It is the duty of every citizen to defend the State.

34. It is the duty of the State to enhance the cohesiveness of the society by eliminating discriminatory distinctions between classes, between town and country, and between mental and physical labour.

35. The State honours and respects the diverse cultural strains which enrich the society and will seek constantly to promote national appreciation of them at all levels and to develop out of them a socialist national culture for Guyana.

36. In the interests of the present and future generations, the State will protect and make rational use of its land, mineral and water resources, as well as its fauna and flora, and will take all appropriate measures to conserve and improve the environment.

37. The State supports the legitimate aspirations of other peoples for freedom and independence and will establish relations with all states on the basis of sovereign equality, mutual respect, inviolability of frontiers, territorial integrity of states, peaceful settlement of disputes, non-intervention in internal affairs, respect for human rights and fundamental freedoms, and co-operation among States.

38. It is the duty of the State, co-operatives, trade unions and other socio-economic organisations and the people through sustained and disciplined endeavors to achieve the highest possible levels of production and productivity and to develop the economy in order to ensure the realization of the rights set our in this Chapter.

39. It is the duty of Parliament, the Government, the courts and all other public agencies to be guided in the discharge of their functions by the principles set out in this Chapter, and Parliament may provide for any of those principles to be enforceable in any court or tribunal.

CHAPTER III

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

40. (1) Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his rave, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely֖

(a) life, liberty, security of the person and the protection of the law.
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property with out compensation.

(2) The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others of the public interest.

CHAPTER IV

CITIZENSHIP

41. Every person who, immediately before the commencement of this Constitution, is a citizen of Guyana shall continue to be a citizen of Guyana.

42. (1) Every person who, immediately before the commencement of this Constitution, is or has been married to a person֖

(a) who continues to be a citizen of Guyana by virtue of the preceding article; or
(b) who, having died before the commencement of this Constitution, would, but for his or her death, have continued to be a citizen of Guyana on that date by virtue of that article,

shall, if not otherwise a citizen, be entitled, upon making application and upon taking the oath of allegiance, to be registered as a citizen of Guyana:

Provided that the right to be registered as a citizen under this paragraph shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

(2) Any application for registration under this article shall be made in such manner as may be prescribed.

43. Every person born in Guyana after the commencement of this Constitution shall become a citizen of Guyana at the date of his birth:

Provided that a person shall not become a citizen of Guyana by virtue of this article if at the time of his birth֖

(a) his father or his mother possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Guyana and neither of them is a citizen of Guyana; or
(b) his father or his mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.

44. A person born outside Guyana after the commencement of the Constitution shall become a citizen of Guyana at the date of his birth if at the date his father or his mother is a citizen of Guyana otherwise that by virtue of this article.

45. Any person who, after the commencement of this Constitution, marries a person who is or becomes a citizen of Guyana shall be entitled, upon making an application in such manner and taking such oath of allegiance as may be prescribed, to be registered as a citizen of Guyana:

Provided that the right to be registered as a citizen of Guyana under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

46. (1) If the President is satisfied that any citizen of Guyana has at any time after 25th May, 1966 acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country other that Guyana, the President may by order deprive that person of his citizenship.

(2) If the President is satisfied that any citizen of Guyana has at any time after the 25th May, 1966, voluntarily claimed and exercised in a country other that Guyana any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the President may by order deprive that person of his citizenship.

47. (1) Every person who under this Constitution or any Act of Parliament is a citizen of Guyana or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

(2) Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.

(3) The countries to which this article applies are Australia, the Bahamas, Bangladesh, Barbados, Botswana, Canada, Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Malta, Mauritius, Nauru, New Zealand and Island Territories and Self-Governing Countries in free Association with New Zealand, Nigeria, Papua New Guinea, Seychelles, Sierra Leone, Singapore, Solomon Islands, Sri Lanka, St. Lucia, St. Vincent, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, Unites Kingdom and Colonies, Western Samoa and Zambia.

(4) The President may from time to time by order subject to affirmative resolution of the National Assembly amend paragraph (3) by adding any country thereto or by deleting any country therefrom.

48. (1) In this chapter "prescribed" means prescribed by or under any Act of Parliament.

(2) For the purposes of this Chapter, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Chapter to the national status of the father or mother of a person at the time of that person's birth shall in relation to a person born after the death of either parent, be construed as a reference to the national status of the deceased parent at the time of that parent's death; and where that death occurred before the date of commencement of this Constitution, and the birth occurred on or after that date, the national status which that parent would have had if he or she had died on that date, shall be deemed to be his or her national status at the time of death.

CHAPTER V

SUPREME ORGANS OF DEMOCRATIC POWER

50. The supreme organs of democratic power in Guyana shall be֖

(i) the Parliament;
(ii) the National Congress of Local Democratic Organs;
(iii) the Supreme Congress of the People
(iv) the President; and
(v) the Cabinet

CHAPTER VI

PARLIAMENT

Composition of Parliament

51. There shall be a Parliament of Guyana, which shall consist of the President and the National Assembly.

52. (1) Subject to paragraph (2) and to articles 105, 185 and 186, the National Assembly shall consist of sixty-five members who shall be elected in accordance with the provisions of this Constitution and, subject thereto, in accordance with any law made by Parliament in that behalf.

(2) If any person who is not a member of the National Assembly is elected to be Speaker of the Assembly, he shall, by virtue of holding the office of Speaker, be a member of the Assembly in addition to the members aforesaid.

53. Subject to article 155 (which relates to allegiance, insanity, and other matters) a person shall be qualified for election as a member of the National Assembly if, and shall not be so qualified unless, he֖

(a) is a citizen of Guyana of the age of eighteen years or upwards; and
(b) is able to speak, and, unless incapacitated by blindness or other physical cause, read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.

54. Members of the National Assembly shall vacate their seats in the Assembly in the circumstances set out in article 156.

55. Whenever elections have been held pursuant to the provisions of article 61, the National Assembly shall hold its first meeting at the time appointed under article 69(1), and any reference in this Constitution to the National Assembly meeting for the first time after any election shall be read and construed as a reference to such first a meeting.

56. (1) When the National Assembly first meets after any election and before it proceeds to the despatch of any other business, elect a person to be the Speaker of the Assembly; and, if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the Assembly shall, as soon as practicable, elect another person to that office.

(2) The Speaker may be elected either from among the members of the Assembly who are not Ministers of Parliamentary Secretaries or from among persons who are not members of the Assembly but are qualified for election as members.

(3) When the National Assembly first meets after any election and before it proceeds to the despatch of any other business except the election of the Speaker, the Assembly shall elect a member of the Assembly who is not a Minister of a Parliamentary Secretary to be Deputy Speaker of the Assembly; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the Assembly shall, as soon as convenient, elect another such member to that office.

(4) A person shall vacate the office of Speaker of Deputy Speaker if required to do so by article 157 (which relates to loss of qualification for election as a member of the National Assembly and other matters).

57. (1) There shall be a Clerk and a Deputy Clerk of the National Assembly, and appointments to those offices shall be made by the President acting in accordance with the advice of the Speaker.

(2) The tenure of office and terms of service of the Clerk and Deputy Clerk and other matters relating thereto shall be regulated by article 158.

58. (1) Any person who sits or votes in the National Assembly, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty of fifty dollars for each day upon which he so sits or votes.

(2) Any such penalty shall be recoverable by civil action in the High Court at the suit of the Attorney General.

Elections

59. Subject to the provisions of article 159, every person may vote at an election if he is of the age of eighteen years or upwards and is either a citizen of Guyana or a Commonwealth citizen domiciled and resident in Guyana.

60. (1) Elections of members of the National Assembly shall be by secret ballot.

(2) Subject to the provisions of article 160(2), fifty-three members of the National Assembly shall be elected in accordance with the system of proportional representation prescribed by article(1).

(3) On such day as the President may by proclamation appoint, being a day which he considers to be as early as practicable after an election of members of a regional democratic council has been held in consequence of a dissolution effected under the provisions of article 73(2), the council shall elect one of its members to serve as a member of the National Assembly.

(4) On such day as the President may by proclamation appoint, being a day which he considers to be as early as practicable after an election of members of the National Congress of Local Democratic Organs has been he'd in consequence of a dissolution effected under the provisions of article 80(2), the Congress shall let two of its members to serve as members of the National Assembly.

61. An election of members of the National Assembly under article 60(2) shall be held on such day within three months after every dissolution of Parliament as the President shall appoint by proclamation:

Provided that no balloting commenced during the period of three months aforesaid, performed before the day so appointe d, and pursuant to which the votes of any person registered as electors are cast at the election, shall be deemed contrary to the requirements of this article by reason only that such balloting has been so performed.

62. Elections shall be independently supervised by the Elections Commission in accordance with the provisions of article 162.

63. Parliament may make provision for the filling of casual vacancies among the seats of members of the National Assembly and for other matters relating to election of members of the Assembly in accordance with the provisions of paragraph (2) and (3) of article 160.

64. All questions as to membership of the National Assembly shall be determined by the High Court in accordance with the provisions of article 163.

Powers and Procedure of Parliament
65. Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Guyana.

66. Subject to the special procedure set out in article 164, Parliament may alter this Constitution.

67. (1) The President may at any time attend and address the National Assembly.

(2) The President may send messages to the National Assembly and any such message shall be read, at the first convenient sitting of the Assembly after if is received, by the Prime Minister of by any other Minister designated by the President.

68. All other matters concerning Parliament (including the procedure thereof) shall be regulated by the provisions of articles 165 to 172 (inclusive).

69. (1) Each session of Parliament shall be held at such place within Guyana and shall begin at such time (not being later that six months from the end of the preceding session if Parliament has been prorogued or four months from the end of that session if Parliament has been dissolved) as the President shall appoint by proclamation.

(2) Subject to the provisions of the preceding paragraph, the sittings of the National Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.

70. (1) The President may at any time by proclamation prorogued Parliament.

(2) The President may at any time by proclamation dissolve Parliament.

(3) Parliament, unless sooner dissolved, shall continue for five years from the date when the Assembly first meets after any dissolution and shall then stand dissolved.

(4) During any time when the President considers that Guyana is at war Parliament may from time to time extend the period of five years specified in the preceding paragraph by not more than twelve months at a time:

Provided that the life of Parliament shall not be extended under this paragraph by more than five years.

(5) If, after a dissolution and before the holding of an election of members of the Assembly, pursuant to the provisions of article 61, the President considers that owing to the existence of a state of war of a state of emergency in Guyana or any part thereof, it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet, but the election of members of the Assembly shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day on which the election is held.

CHAPTER VII

LOCAL DEMOCRACY

Local Democratic Organs

71. (1) Local government is a vital aspect of socialist democracy and shall be organised so as to involve as many people as possible in the task of managing and developing the communities in which they live.

(2) For this purpose Parliament shall provide for the institutions of a country-wide system of local government through the establishment of organs of local democratic power as an integral part of the political organisation of the State.

72. (1) Parliament may provide for the division of Guyana (sane for any areas excluded by it) into ten regions and into such sub-regions and other subdivisions as it may deem fir for the purpose of organising local democratic organs.

(2) In defining the boundaries of any areas into which Guyana may be divided under paragraph (1) account shall be taken of the population, the physical size, the geographical characteristics, the economic resources and the existing and planned infrastructure of each area, as well as the possibilities of facilitating the most rational management and use of such resources and infrastructure, with a view to ensuring that the area is or has the potential for becoming economically viable.

73. (1) Members of a regional democratic council shall be elected by persons residing in the region and registered as electors for the purpose of article 159:

Provided that Parliament may make provision for any areas which do not form part of any region to be represented on the regional democratic council of any region near to which it is situate for such purposes as Parliament may prescribe.

(2) Elections of members of regional democratic councils shall be held and the councils shall be dissolved at such times as, subject to paragraph (3), the President may appoint by proclamation.

(3) The interval between any two successive dissolutions of a regional democratic council shall not exceed five years and four months:

Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70(4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.

74. (1) It shall be the primary duty of local democratic organs to ensure in accordance with law the efficient management and development of their areas and to provide leadership by example.

(2) Local democratic organs shall organise popular co-operation in respect of the political, economic, cultural and social life of their areas and shall co-operate with the social organisations of the working people.

(3) It shall be the duty of local democratic organs to maintain and protect public property, improve working and living conditions, promote the social and cultural life of the people, raise the level of civic consciousness, preserve law and order, consolidate socialist legality and safeguard the rights of citizens.

75. Parliament may provide for local democratic organs to take decisions which are binding upon their agencies and institutions, and upon the communities and citizens of their areas.

76. Parliament may provide for regional democratic councils to raise their own revenues and to dispose of them for the benefit and welfare of their areas.

77. The development programme of each region shall be integrated into the national development plans, and the Government shall allocate funds to each region to enable it to implement its development programme.

78. Parliament may make provision for the election of members of local democratic organs (including the commencement of balloting before the day appointed for holding an election) and for all other matters relating to their membership, powers, duties, functions and responsibilities.

The National Congress of Local Democratic Organs

79. There shall be a National Congress of Local Democratic Organs which shall have responsibility for representing the interests of local government in Guyana and such other duties and functions as may be assigned to it by this Constitution or by any other law.

80. (1) The members of the National Congress of Local Democratic Organs shall be elected by and from among the members of such local democratic organs as may be prescribed by Parliament.

(2) Elections of members of the National Congress of Local Democratic Organs shall be held and the Congress shall be dissolved at such times as, subject to paragraph (3), the President may appoint by proclamation.

(3) The interval between any two successive dissolutions of the National Congress of Local Democratic Organs shall not exceed five years and four months:

Provided that, if at the expiration of that period the duration of Parliament has been extended under article 70(4), that period shall not be deemed to come to an end until the expiration of the period for which the duration of Parliament has been extended.

81. Parliament may make provision for all other matters relating to the establishment, membership and functions of the National Congress of Local Democratic Organs, for the election of the members thereof and for effective participation by them through the Congress in the decision-making processes of the State.

CHAPTER VIII

THE SUPREME CONGRESS OF THE PEOPLE

82. There shall be a Supreme Congress of the People of Guyana, which shall consist of all members of the National Assembly and all members of the National Congress of Local Democratic Organs.

83. The Supreme Congress of the People may discuss any matter of public interest and may make recommendations thereon to the National Assembly of the Government. In particular, the Congress shall advise the President on all matters which he may refer to it, and for this purpose article 67 shall apply in relation to the Congress as it applies in relations to the National Assembly.

84. (1) Each session of the Supreme Congress of the People shall be held at such place within Guyana and shall begin at such time as the President shall appoint by proclamation.

(2) Subject to the provisions of the preceding paragraph, the sittings of the Congresses shall be held at such time and place as the Congress may, by its rules of procedure or otherwise, determine.

85. (1) The President may at any time by proclamation summon, prorogue or dissolved on the occurrence of a dissolution of Parliament.

(2) The Supreme Congress of the People, unless sooner dissolved, shall stand dissolved on the occurrence of a dissolution of Parliament.

86. The Chairman of the Supreme Congress of the People shall be the person who is entitled for the time being to discharge the functions of the office of Speaker of the National Assembly. If there is no such person, the Congress shall elect its own Chairman.

87. The Clerk, the Deputy Clerk and officers of the National Assembly shall also be the Clerk, the Deputy Clerk and officers respectively of the Supreme Congress of the People.

88. All other matters concerning the Supreme Congress of the People (including the procedure thereof) shall be regulated by the provisions of articles 173 to 176 (inclusive).

CHAPTER IX

THE PRESIDENT

89. There shall be a President of the Co-operative Republic of Guyana, who shall be Head of State, the supreme executive authority, and Commander-in-Chief of the armed forces of the Republic.

90. A person shall be qualified for election as President and shall not be so qualified unless he֖

(a) is a citizen of Guyana; and
(b) is otherwise qualified to be elected as a member of the National Assembly.

Provided that a person holding the office of President or otherwise discharged the functions of that office shall not on that account be disqualified for election as President.

91. The President shall be elected by the people in the manner prescribed by article 177.

92. A person assuming the office of President in accordance with the provisions of this Constitution shall, unless his office sooner becomes vacant under article 178, continue in office until the person elected to the office of President at the next election held under article 91 assumes office.

93. The President may be removed from office if he becomes physically or mentally incapable of discharging the functions of his office. The procedure for removing him and for ensuring the continued discharge of the functions of his office is prescribed by article 179.

94. The President may be removed from office if he commits any violation of this Constitution or any gross misconduct. The procedure for removing him is prescribed by article 180.

95. (1) During any period when the office of President is vacant the office shall be assumed by֖

(a) the Prime Minister:

Provided that if the vacancy occurs while the Prime Minister is absent from Guyana or while he is by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until the Prime Minister returns or until he is again able to perform the functions of his office, as the case may be, be discharged by such, other Minister, being an elected member of the National Assembly, as the Cabinet shall elect; or

(b) if there is no Prime Minister, by such Minister being an elected member of the national Assembly, as the Cabinet shall elect; or
(c) if there is no Prime Minister and no Cabinet, by the Chancellor.

(2) Any Minister performing the functions of the office of President by virtue of the proviso to paragraph (1)(a) shall cease to perform those functions if he is notified by the Prime Minister that the Prime Minister is about to assume the office of President.

(3) An assumption of the office of President under this article shall terminate, if it has not previously terminated, when a person who has been elected to the office in accordance with the provisions of article 177 assumes the office.

96. (1) Whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he may, by direction in writing, authorise any member of the Cabinet, being an elected member of the National Assembly, to perform such of the functions of office of President as he may specify and the person so authorised shall perform those functions until his authority is revoked by the President or until the functions are resumed by the President.

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorise another person under this article to perform those functions֖

(a) the Prime Minister; or
(b) during any period when there is no Prime Minister or the Prime Minister is absent from Guyana or is, by reason of physical or mental infirmity, unable to perform the functions of his office, such other Minister, being an elected member of the National Assembly, as the Cabinet shall elect, or
(c) if there is no Prime Minister and no Cabinet, the Chancellor, shall perform the functions of the office of President:

Provided that any person performing the functions of the office of President under this paragraph shall not dissolve Parliament nor, save on the advice of the Cabinet, revoke any appointment made by the President.

(3) Any person performing the functions of the office of President by virtue of paragraph (2) shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.

97. (1) A person elected as President shall assume the office of President upon being elected but shall, before entering upon the duties of the office, take and subscribe the oath of office, such oath being administered by the Chancellor or such other Judge of the Supreme Court of Judicature as may be designated by the Chancellor.

(2) The provisions of the foregoing paragraph shall apply to any person assuming the office of President or performing the functions of thereof under article 95,96 or 179, as the case may be, as they apply to a person elected as President.

98. The remuneration and immunities of the President shall be regulated by articles 181, 182 and 222.

CHAPTER X

THE EXECUTIVE

99. (1) The executive authority of Guyana shall be vested in the President and, subject to the provisions of this Constitution, may be exercised by him either directly or through officers subordinate to him.

(2) Nothing in this article shall prevent Parliament from conferring functions on persons or authorities other that the President.

100. Subject to the provisions of article 185, there shall be an office of Prime Minister and such offices of Vice-President and other offices of Minister of the Government of Guyana as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.

101. (1) The President shall appoint an elected member of the National Assembly to be Prime Minister of Guyana.

(2) The Prime Minister shall be the principal assistant of the President in the discharge of his executive functions and leader of Government business in the National Assembly.

102. (1) The President may appoint Vice-Presidents for the purpose of assisting him in the discharge of his functions.

(2) If his is not otherwise the holder of an office of Vice-President, the person holding the office of Prime Minister shall, by virtue of holding that office, be a Vice-President, and he shall have precedence over any other Vice-President.

103. (1) The Prime Minister and every other Vice-President shall be a Minister of the Government of Guyana.

(2) Subject to the provisions of article 101 (1), Vice-Presidents and other Ministers shall be appointed by the President from among persons who are elected members of the National Assembly or are qualified to be elected as such members.

104. Articles 101 (1) and 103 (2) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the Assembly is held pursuant to the provisions of article 61, or between a dissolution of a regional democratic council or of the National Congress of Local Democratic Organs and the day on which the next election by that council or by the Congress is held pursuant to the provisions of paragraph (3) or (4) of article 60, as the case may be, as if Parliament of that council or the Congress, as the case may be, had not been dissolved.

105. A Minister who was not an elected member of the Assembly at the time of his appointment shall (unless he becomes such a member) be a member of the Assembly by virtue of holding the office of Minister but shall not vote in the Assembly.

106. (1) There shall be a Cabinet for Guyana, which shall consist of the President, the Prime Minister, the Vice-Presidents, and such other Ministers as may be appointed to it by the President.

(2) The Cabinet shall aid and advice the President in the general direction and control of the Government of Guyana and shall be collectively responsible therefor to Parliament.

(3) Cabinet Meetings shall be presided over by֖

(a) the President;
(b) in the absence of the President, the Prime Minister; or
(c) in the absence of the President and the Prime Minister, such Minister as the President may designate.

(4) The Cabinet may act notwithstanding any vacancy in its membership of the absence of any member thereof.

(5) At the invitation of the President or of any person presiding at a meeting of the Cabinet, a Minister who is not a member of the Cabinet may attend that meeting and participate fully in the proceedings as if her were a member.

107. The President may assign to any Minister responsibility for any business of the Government of Guyana, including the administration of any department of Government, and shall be charged with all responsibility not assigned to any Minister:

Provided that authority to exercise any power or discharge any duty that is conferred or imposed by any other provision of this Constitution or by any other law on any person or authority shall not be conferred under this article.

108. The office of a Minister shall become vacant in the circumstances set out in article 183.

109. Whenever any Minister is absent from Guyana or is unable by reason of illness to perform his functions as Minister, the President may authorise some other Minister to perform those functions and that Minister may perform those functions until they are resumed by the first mentioned Minister or are assigned to another Minister pursuant to the provisions of article 107.

110. (1) There shall be an office of Minority Leader and appointments thereto shall be made by the President.

(2) Qualifications for appointment to the office of Minority Leader and other matters connected therewith are regulated by article 184.

111. (1) In the exercise of his functions under this Constitutions or any other law, the President shall act in accordance with his own deliberate judgment except in cases where, by this Constitution or by any other law, he is required to act in accordance with the advice or on the recommendation of any person or authority.

(2) Where by this Constitution the President is directed to exercise any function on the advice or recommendation of any person or authority, he may, in accordance with his own deliberate judgment, once refer any such advice or recommendation back for reconsideration by the person or authority concerned and if that person or authority, having reconsidered the original advice or recommendation, substitutes therefor a different advice or recommendation, as the case may be, the President shall act in accordance therewith; but save as aforesaid he shall act in accordance with the original advice or recommendation.

112. (1) There shall be an Attorney General of Guyana who shall be the principal legal adviser to the Government of Guyana and who shall be appointed by the President.

(2) Qualifications for appointment to the office of Attorney General and other matters connected therewith are regulated by article 185.

113. (1) The President may appoint Parliamentary Secretaries to assist himself or Ministers in the discharge of their functions.

(2) Qualifications for appointment to the office of Parliamentary Secretary and other matters connected therewith are regulated by article 186.

114. Every Minister and Parliamentary Secretary shall, before entering upon the duties of his office, make and subscribe the oath of office.

115. Where the President or any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department; and, subject to such direction and control, the department shall be under the supervision of a permanent secretary, whose office shall be a public office:

Provided that two or more government departments may be placed under the supervision of one permanent secretary.

116. (1) There shall be a Director of Public Prosecutions whose office shall be a public office.

(2) The functions of the Director of Public Prosecutions are set out in article 187.

117. (1) There shall be a Secretary to the Cabinet whose office shall be a public office.

(2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible in accordance with such instructions as may be given him by the President, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the President may direct.

118. (1) Cabinet may establish sub-committees of itself for the purpose of attending to any of its responsibilities.

(2) Cabinet may in particular establish a finance subcommittee of itself to be assisted by experts and advisers, including the Auditor General, and charge it with responsibility for supervising the financial affairs of the State and for instituting, monitoring and enforcing systems of financial control and discipline throughout the service of both central and local government, including the service of corporations, boards and agencies established by the Government.

119. Subject to any provision made by Parliament, the President may appoint standing committees consisting of such persons as he may deem fit for the purpose of reviewing of examining any aspect of national life and making recommendations or otherwise reporting thereon to the Government of to Parliament.

120. Subject to the provisions of this Constitution and of any other law, the President may constitute offices for Guyana, make appointments to any such office and terminate any such appointment.

121. The Prerogative of Mercy shall vest in the President and shall be exercised by him in accordance with the provisions of articles 191 to 196 (inclusive).

CHAPTER XI

THE JUDICATURE

The Supreme Court of the Judicature

123. (1) There shall be for Guyana a Supreme Court of Judicature consisting of a Court of Appeal and a High Court, with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.

(2) Each of those Courts shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

(3) Parliament may confer on any court any part of the jurisdiction of and any powers conferred on the High Court by this Constitution or any other law.

124. The Judges of the Court of Appeal shall be the Chancellor, who shall be the President of the Court of Appeal, the Chief Justice and such number of Justices of Appeal as may be prescribed by Parliament.

125. The Judges of the High Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.

Judges of the Supreme Court of Judicature

126. Except as otherwise expressly provided or required by the context, in this Constitution the word "Judge" includes the Chancellor, the Chief Justice of Appeal and a Puisne Judge.

127. (1) The Chancellor and the Chief Justice shall be appointed by the President acting after consultation with the Minority Leader.

(2) If the office of Chancellor or Chief Justice is vacant or if the person holding the office of Chancellor is performing the functions of the office of President or is for any other reason unable to perform the functions of his office, or if the person holding the office of Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the person holding such office has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President.

128. (1) The Judges, other than the Chancellor and the Chief Justice, shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission.

(2) If֖

(a) the office of any such Judge is vacant;
(b) any such Judge is for any reason unable to perform the functions of his office;
(c) any such Judge is acting as Chancellor of Chief Justice or a Puisne Judge is acting as a Justice of Appeal; or
(d) the Chancellor advises the President that the state of business of the Court of Appeal or the High Court so requires.

the President, acting in accordance with the advice of the Judicial Service Commission , may appoint a person to act in the office of Justice of Appeal or Puisne Judge, as the case may require:

Provided that a person may be so appointed notwithstanding that he has attained the age at which that office is required by article 197 to be vacated by a holder thereof.

(3) The appointment of any person under the preceding paragraph to act in the office of a Justice of Appeal or Puisne Judge shall continue to have effect until it is revoked by the President, acting in accordance with the advice of the Judicial Service Commission.

129. (1) A person shall not be qualified to be appointed to hold or to act in the office of a Judge unless֖

(a) he is or has been a judge of a court having unlimited jurisdiction and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
(b) he is qualified for admission as an attorney-at-law in Guyana and has been so qualified for such period as may be prescribed by Parliament.

(2) Parliament may prescribe different periods under subparagraph (b) of the preceding paragraph in relation to the offices of the different Judges mentioned in article 126.

130. (1) Parliament may make provision for the exercise of֖

(a) the jurisdiction and powers of a Justice of Appeal by such Puisne Judge as may be requested by the Chancellor to sit as an additional Justice of Appeal at sittings of the Court of Appeal; and
(b) the jurisdiction and powers of a Puisne Judge by such Justice of Appeal as may be requested by the Chancellor to sit an additional Puisne Judge.

(2) Article 132 shall not apply to a Justice of Appeal or a Puisne Judge in the carrying out by him of any function pursuant to paragraph (1).

131. Judges shall have full security of office as provided for in article 197.

132. A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of office.

Appeals
133. (1) An appeal to the Court of Appeal shall lie as of right from decisions of the High Court in the following cases, that is to say֖

(a) final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution; and
(b) final decisions given in exercise of the jurisdiction conferred on the High Court by article 153 (which related to the enforcement of fundamental rights and freedoms).
(2) Nothing in paragraph (1) shall apply to the matters for which provision is made by article 163.

CHAPTER XII

THE SERVICE OF COMMISSIONS

134. (1) There shall be a Judicial Service Commission for Guyana.

(2) The composition and functions of the Judicial Service Commission are set out in articles 198 and 199.

135. (1) There shall be a Public Service Commission for Guyana.

(2) The composition and functions of the Public Service Commission are set out in article 200 to 205 (inclusive).

136. (1) There shall be a Teaching Service Commission for Guyana.

(2) The composition and functions of the Teaching Service Commission are set out in articles 207, 208 and 209.

137. (1) There shall be a Police Service Commission for Guyana.

(2) The composition and functions of the Police Service Commission are set out in articles 210, 211 and 212.

PART 2

SPECIFIC RULES

TITLE 1

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

138. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offense under the law of Guyana of which he has been convicted.

(2) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case֖

(a) for the defense of any person from violence of for the defense of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offense,

or if he dies as the result of a lawful act of war.

139. (1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say֖

(a) in execution of the sentence or order of a court, whether established for Guyana or some other country, in respect of a criminal offense of which he has been convicted;
(b) in execution of an order of the High Court of the Court of Appeal of such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;
(c) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Guyana;
(f) in the case of a person who has not attained the age of eighteen years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, or unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into Guyana, or for the purpose of effecting expulsion, extradition or other lawful removal of that person from Guyana or for the purpose of restricting that person while he is being conveyed through Guyana in the course of his extradition or removal as a convicted prisoner from one country to another;
(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Guyana or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Guyana in which, in consequence of any such order, his presence would otherwise be unlawful;
(k) subject to the provisions of the next following paragraph, for the purposes of his preventive detention;
(l) for the purpose of hi being called up for national service.

(2)(a) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless a tribunal established for the purposes of this paragraph has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention.

(b) The references in subparagraph (a) to a period of three months include references to any lesser period that amount in the aggregate to three months:

Provided that no two such lesser periods shall be aggregated for this purpose if the period between the expiration of the first and the commencement of the second is more that one month.

(c) A person who has been detained by virtue of the provision s of any law providing for preventive detention and who has been released from detention in consequence of a report of tribunal established for the purposes of this paragraph that there is, in its opinion, insufficient cause for his detention shall not be again detained by virtue of such provisions within the period of six months from his release on the same grounds as he was originally detained.
(d) For the purposes of subparagraph (c) a person shall be deemed to have been detained on the same grounds as he was originally detained unless a tribunal established as aforesaid has reported that, in its opinion, there appear prima facie, to be new and reasonable grounds for the detention (but the giving of any such report shall be without prejudice to the provisions of subparagraph (a).
(e) A tribunal established for the purposes of this paragraph shall be established by law and shall consist of persons who are Judges of the Supreme Court of Judicature or who are qualified to be appointed as Puisne Judges of the High Court.

(3) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest of detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Guyana as an attorney-at-law, and to hold communication with him.

(4) any person who is arrested or detained֖

(a) for the purpose of bringing him before a court in execution of the order of the court; or
(b) upon reasonable suspicion of his having committed or being about to commit a criminal offense,

and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, thin, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

(6) Nothing in the provisions of paragraphs (3) and (4) shall apply to any person arrested or detained by virtue of the provisions of any law providing for preventive detention except in so far as the provisions of the said paragraph (3) require that he shall be permitted to retain and instruct a legal adviser and to hold communication with him.

140. (1) No person shall be held in slavery or servitude

(2) No person shall be required to perform forced labour.

(3) For the purposes of this article, the expression "forced labour" does not include֖

(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service; or
(d) any labour required during any period when Guyana is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.
141. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infliction of any punishment of the administration of any treatment that was lawful in Guyana immediately before the commencement of this Constitution.

142. (1) No property of any description shall be compulsory taken possession of, and no interest in or right over property of any description shall be compulsory acquired, except by or under the authority of a written law which provides for compensation for the property of any interest in or right over property so possessed or acquired and either fixes the amount of compensation of specifies the principles on which the compensation or specifies the principles on which the compensation is to be determined and given and no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraph֖

(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property֖

(i) in satisfaction of any tax, duty, rate, cess or other impost;
(ii) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offense under the law of Guyana;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitations of actions;
(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying our thereon of work of social conservation or the conservation of other natural resources or work relating to agricultural development or improvement;
(viii) which is not beneficially occupied or which, if it is beneficially occupied or which, if it is beneficially occupied, is not so occupied by the holder of the title to the land or by any member of his family; or
(ix) in consequence of any law requiring an employer to remunerate his employee during any period of compulsory national service which the employee has undertaken; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of֖

(i) property of the Amerindians of Guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situate in an Amerindian District, Area or Village established under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Amerindian community;
(ii) Enemy property;
(iii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
(iv) property of a person adjudged insolvent of a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;
(v) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust of by a court or, by order of a court for the purpose of giving effect to the trust; or
(vi) property to be used by the State for the purpose of providing, maintaining and managing any place of education, where the property was being used as a place of education at any time during 1976 and prior to the coming into operation of the law in question.
(3) Nothing in this article shall be construed as affecting the making or operation of any law֖

(i) so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others of the protection of tenants, licenses or others having rights in or over such property;
(ii) so far as it provides for the making of contributions compulsory by workers to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependents of any of them; or
(iii) for the compulsory taking of possession in the public interest of any property of the compulsory acquisition in the public interest of any interest in or fight over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which moneys provided by Parliament of by any Legislature previously established for the territory of Guyana have been invested.

143. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision֖

(a) that is reasonably required in the interests of defense, public safety, public order, public morality, public health, town or country planning, the development or utilisation of any other property in such manner as to promote the public benefit;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
(c) that authorises an officer of agent of the Government of Guyana, or of a local democratic organ or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully connected with any property that is lawfully on those premises and that belongs to that Government, local democratic organ or body corporate, as the case may be, or for the purpose of obtaining of verifying information required for compiling national statistics or required for the purposes of planning, management and development of the national economy; or
(d) that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the entry upon any premises by order of a court.

144. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) It shall be the duty of a court to ascertain the truth in every case provided that every person who is charged with a criminal offense֖

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;
(c) shall be permitted to defend himself before the court in person or by legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence or he fails without reasonable excuse (the proof whereof shall lie on him) to attend court.

(3) When a person is tried for any criminal offense, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature that the most severe penalty that might have been imposed for that offense at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted of acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.

(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

(8) Any court of other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other tribunal, the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.

(10) Nothing in the preceding paragraph shall prevent the court of other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal֖

(a) may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

(b) may by law be empowered or required so to do in the interests of defense, public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of֖

(a) paragraph (2) (a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;
(b) paragraph (2) (e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) paragraph (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall, in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law.

(12) In the case of any person who is held in lawful detention, the provisions of paragraph (1), paragraph (2) (d) and a criminal offense under the law regulating the discipline of persons held in such detention.

(13) Nothing contained in paragraph (2) (d) shall be construed as entitling a person to legal representation at public expense but, subject thereto, it shall be the duty of the State to ensure that every person charged with a criminal offense is given a fair trial and accordingly to make provision for legal aid to be given in suitable cases.

(14) In this article, "criminal offense" means a criminal offense under the law of Guyana.

145. (1) Except with his own consent, no person shall be hindered in the enjoyment of his of conscience, and for the purposes of this article the said freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No religious community shall be prevented from providing religious instruction for persons of that community.

(3) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provisions֖

(a) which is reasonably required֖
(i) in the interests of defense, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion with out the unsolicited intervention of members of any other religion; or
(b) with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.

(6) References in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

146. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision֖

(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the reputation, rights, and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television, or ensuring fairness and balance in the dissemination of information to the public; or

(c) that imposes restrictions upon public officers or officers of any corporate body established on behalf of the public or owned by or on behalf of the Government of Guyana.

147. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision֖

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose or protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public officers; or
(d) that imposes an obligation on workers to become contributors to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependents of any of them.

148. (1) No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Guyana, the right to reside in any part of Guyana, the right to enter Guyana, the right to leave Guyana and immunity from expulsion from Guyana.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this article.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision

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