Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694831567003.pdf (Guyana)
GUYANA ACT No.

5 of 2001 CONSTITUTION (AMENDMENT) (No.

3) ACT 2001 ARRANGEMENT OF SECTIONS SECTION 1.

Short title.

2.

Alteration 3.

Alteration 4.

Alteration 5.

Alteration 6.

Alteration 7.

Insertion 8.

Alteration 9.

Gender inclusion.

10.Parliam of articles of articles of articles of articles of articles of new heading, subheading of articles 200 of the Constitution.

201 of the Constitution.

the Constitution.

207 of 210 of the Constitution.

211 of the Constitution.


and articles the Constitution.

ent to make provision.

226 of 212G to 212FF in the Constitution.

Price: $1300.00 - To be purchased from Parliament Office, Georgetown, Guyana.

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No.

5] LAWS OF GUYANA [A.D.2001 2 AN ACT to alter the Constitution in accordance with articles 66 and 164.

A.D. 2001 Sho,t title.

Enacted by the Parliament of Guyana:- !.

This Act may be cited as the Constitution (Amendment) (No.

3) Act 200 I.

2.
3) Act 200 I.

2.

Article is hereby 200 of the Constitution altered as follows - of Alteration 200 of the article Co11stitutio11.
(a)Inparagraph(I)� (i)in the opening part, by the substitution for the words ·'shall consist of not less than five and not more than six members" "shall of six members"; consist of the words (ii)in subparagraph (a), by the substitution for the words "consultation with the Minority with the Leader of the Opposition"; Leader" of the words "meaningful consultation (iii)by the substitution for subparagraph (b) of the following subparagraph "(b) two members appointed Assembly by the President after it has consulted officers upon nomination such bodies as or classes of public public by the National appear to it to represent and"; officers (b)by the substitution for paragraph paragraph - (2) of the following "(2) The Chairp erson and Deputy Chairperson of the Commission be elected consensual by and from the members mechanism of the Commission deems fit.
"; as the Commission shall using such (c)in paragraphs and "Deputy and "Deputy (4), (5) and (6) by the substitution Chairman" Chairp erson", they appear wherever respectively; and of the words "Chairp erson" for the words ''Chairman" ( d) by the substitution in paragraph members as the President, acting shall act in the office Leader, one of the other members may be elected and for the word "appointed" Chairp erson", may appoint (5) for the words "such one or the other after consultation of Chairperson" with the Minority of the words" to act in the office of of the word "elected".
Alteration of 20 I of the article Constitution 3.

Articles subparagraph (:i).

20 J (7) of the Constitution is hereby altered by the deletion of of Alteration 207 of the article Constitulion.

4.

Article 207 of the Constitution is hereby altered in the following respects - A.D. 2001) CONSTITUTION (No.

3) (AMENDMENT) [No.
5 3 (a)by the substitution in paragraph (1) for the words "shall consist of a Chairman consist of seven members"; and not more than six other members" of the words "shall (b)in paragraph (2)- (i)by the deletion of subparagraph (a); (ii)by the substitution for subparagraph (c) of the following - subparagraph "(c) two persons assigned has consulted nominated responsibility for local government for appointment by the Minister after that Minister and" or bodies; with local democratic organs (iii)by the substitution subparagraph - for subparagraph (d) of the following "( d) three persons appointed consultation with the Leader by the President of the Opposition.
"; after meaningful (c)by the substitution for paragraph - (4) of the following paragraph "( 4) The Chairperson and Deputy Chairperson of the Commission be elected consensual by and from the members mechanism of the Commission deems fit.

"; as the Commission shall using such ( d) in paragraph substitute her", respectively.

(7) for the words "Chairman", "Deputy Chairman" and "him or "Deputy Chairperson" and "him" the words "Chairperson", of Alteration article 210 of the Constitution.

5.
Article is hereby 210 of the Constitution altered in the following respects --- (i)by the substitution Leader from among members subparagraph Leader of the Opposition subparagraph (c)"; for the words "consultation with the Minority under subparagraph (d)" in appointed (a) of the words "meaningful consultation with the from among members appointed under (ii)by the substitution subparagraph - for subparagraphs (c) and (d) of the following "(c) four members appointed Assembly by the President after it has consulted the National appear to it to represent Police the majority by upon nomination such bodies as of the members of the deems fit;"; Force and any other such body it (b)by the substitution ( 4) for the words "consultation with the in paragraph of the words "meaningful consultation with the Leader Minority of the Opposition".
Leader" No.

5] LAWS OF GUYANA [A.D. 2001 4 Alteration of 21 I of the article Constitution.

211 ( 1) of the Constitution is hereby altered with the Police Service Commission with the Leader of the Opposition by the substitution of the words "after and Chairperson for the of the 6.

Article wordy" after consultation meaningful Police Service member, consultation Commission of the Commission".

after the Chairp erson has consulted with the other 7.
The Constitution subheading is hereby altered and articles immediately after article by the insertion 2 l 2F - of the following heading, Insertion of new heading.

sub­ heading and a11icles 212G to 212FF in the Constitutio11.

"THE RIGHTS COMMISSIONS Commissions for the Promotion Rights Fundamental and the Rule of Law and Enhancement of the Rights Commissions 212G.
(1) There are hereby the goals of the follow Commissions, social which arc to strengthen justice established and the rule of law - (a)the Human Rights Commission; (b)the Women and Gender Equality Commission; (c)the Indigenous Peoples' Commission; (d)the Rights of the Child Commission.

(2)J\ Commission fairly.

functions shall be independent, impartial and shall discharge its (3)A Commission shall be funded by a direct charge upon the Consolidated Fund in accordance 222A.

with article Appointment 212H.


(I) Subject appointed for three years to paragraph and shall be eligible (2) (a), members of a Commission shall be for re-appointment.

(2)Of those members - (a)first appointed, from another years; other than the members nominated shall hold office for four a majority Commission, by and (b)nominated by and from another Commission, the duration for which each shall serve shall not exceed the remaining tenure on the Commission nominated.
by and from which they have been of article and for the purposes (3) The provisions a Commission, article Assembly except that, in relation Chairp erson or a member for the time being acting 225 shall apply to the office of a member of (4) and (6) of that to a member other than the shall be the Speaker the prescribed of paragraphs authority in the office of of the National A.D. 2001] CONSTITUTION (No.

3) (AMENDMENT) [No.
3) (AMENDMENT) [No.

5 5 under paragraph the Chairperson purposes does not apply to the Chairperson (6) shall be the Chairperson; of the Human Rights y for the this paragraph Commission; (5), the prescribed of paragraph authorit (4)The Chairperson and Deputy Chairperson of a Commission, other than the Human Rights Commission, the members by and from another deems fit.
as the Commission of the Commission, Commission, shall be elected other than the members using such consensual nominated mechanism by and from (5)If the office of Chairperson of a Commission, or the holder other than the Human is for any thereof of the office, then the vacant becomes thereof nominated is for any reason to perform the functions holder or the of Commission, unable or if that office is vacant, unable to perform the functions Rights reason of the office of Deputy Chairperson, holder the office of the Chairperson, the members elected Chairperson person has been elected assumed Chairperson acting therein, those functions.
Commission, to act in the office of Chairperson; and the Deputy a so to act until and has shall continue to the office of Chairperson of that office or, as the case may be, until the or if a member other than the Deputy Chairperson on of the other members, other than may be the Deputy Chairperson or such other member by and from another the functions has assumed or resumed is ( 6)If the office of a member of a Commission is acting or is for any other reason other than the Chairperson as Chairperson under the unable to perform the to act in the may be appointed of members to the appointment apply to such an appointment as they apply to of a person to hold the office of the member relation thereof or if the holder is vacant paragraph preceding functions 9f his.
or her office, a person office and the provisions in of a Commission shall the appointment concerned; subject to the provisions person has been appointed and has assumed the holder thereof the functions resumes those functions.

under this paragraph and any person appointed of paragraph e to act until a (3), continu to the office in which he or she is acting or, as the case may be, until thereof shall, Secretariat 212I.
The Human Rights Commission Secretariat shall be the Secretariat for all the Commissions established under article 212 G(I).

General fJ.l!l clions 212J.

( I ) In addition to the functions prescribed the functions Constitution the National votes of not less than of a Commission, shall be approved Assembly two-thirds but the removal may be provided for by the votes of a majority of such members.

or variation Constit ution, by this functions.


by law; any addition thereto in the members of of all the elected shall be by the of any function other than the Human (2)A Commission, - general functions the following Rights shall have Commission, No.

5] LAWS OF GUYANA [A.O.
2001 6 (a) to monitor and review all existing policies and matters amendment measures under its purview to any legislation and proposed n, legislatio and and repo1t the need for any Assembly; to the National with the objects for; compliance (b) to educate matters under its purview; the public regarding the nature and content of ( c) to carry out or cause to be carried the observance concerning report the findings National Assembly; out research and studies of matters under and its purview to the thereon and recommendations ( d) to investigate of the rights violations under its purview; complaints of, or initiate investigations into, (e) to resolve disputes conciliation or negotiation; or rectify acts or omissions by mediation, action (f) to take appropriate on behalf have been, are being or are likely of persons to be violated; whose rights (g) to liaise with governmental and other relevant and nongovernmental bodies to address under its the matters of persons regarding organisations complaints purview; and concerns (h) to enlist the aid of such persons expert advice in order to facilitate as may be necessary its functions; to give (3) A Commission conditions as it thinks more members of the Commission, Commission may, by directions fit, delegate as the Commission and subject to such to any one or of the or to such officers any of its functions may determine; in writing (i) to prepare pertaining the objects and submit reports to any convention, of a Commission; and to the National Assembly covenant or charter to relating (i) to do all other acts and things as may be necessary to facilitate of its functions.
the efficient discharge (4)A Commission ministry a any person or any entity, including it with information - to provide department, or government may require (a) for the purposes to carry out; and proposes of any investigation it is carrying out or (b) on the measures that have been or are being taken for the implementation of the decisions provision relating to, the Commission.
of, or the compliance with any (5)For the purposes provision requirement, for offences or decision and penalties for noncompliance relating of, or provision may by law make with any to a Commission.

(4), Parliament of paragraph A.D. 2001] CONSTITUTION (No.

3) (AMENDMENT) [No.

5 7 (6) A Commission may at any stage refer any matter to the Human or entity or any other relevant authority to be Rights Commission dealt with.

212K.
212K.

Parliament may by law provide for the establishment of a Rights Commissions Tribunal and such law may make provision for - Ri11hts Commissions Tribunal (a)the constitution of the Tribunal; (b)all matters Tribunal; relating to the jurisdiction, of the powers and duties (c)all matters Court of Appeal; relating and to appeals from decisions of the Tribunal to the (d)the practice and procedure of the Tribunal.

Appeals RepOI1S 212L.


(1) A decision of a Commission is subject to an appeal to' the Rights Commissions Tribunal.

(2) A decision of the Rights Commissions Tribunal is subject to an appeal to the court of Appeal.

212M.

(I) As soon as practicable Commission the activities tabled in the Assembly not, at the first meeting shall submit of 'the Commission within of the Assembly thereafter.
during days of its submission after the end of each year of its operation, of the activities report shall be if is sitting, year and the report if the Assembly an annual the preceding to the National Assembly thirty a of (2)The Chairperson of a Commission may at any time submit a special to the National Assembly with respect report Commission brought which the Commission considers of the National Assembly.
to the attention in the national to any aspect should, of the functions of a be interest, (3)For the purposes of paragraph (2) a matter is of national if - interest (a)it effects a wide cross-section of the populace; and (b) disastrous not brought consequences to the attention of the National Assembly.
would result if a report were on the matter (4)A Commission provided shall prepare that each special and publish report shall an executive be published summary of its in media having in Guyana within forty-five days of its submission to the National annual report; wide accessibility Assembly.

No.

5] LAWS OF GUYANA [A.O.

2001 8 The Human Rights Commission Human Rights Comm1ss1<m 212N.
(I) The Human Rights and investigate shall Commission violations to equality promote of the rights the observance of and by this recognised and treatment of opportunity and any other law relating for, and protect respect Constitution (hereinafter referred to as "the rights").

(2)The Human Rights Commission Chairperson this article.
and such other members, shal I consist to be appointed of a full time wirh in accordance shall be a person or a court having in civil and criminal of the Human Rights Commission (3)The Chairperson who holds or has held office as a judge of a court having jurisdiction Commonwealth or who is qualified proper person appointed six persons consultation experience matters jurisdiction any, such judge, submitted with such entities to be in human rights matters, not unacceptable of to the President, after meaningful of the Opposition or to him or her to have expertise in some part of the from such court or any other fit and from a list, by the Leader to be appointed as by the President or experience with expertise in human rights in appeals unlimited as appear matters: period, failing that if the Leader Provided list to the President, stated judgment, court having part.
of the Commonwealth any such court or who is qualified a person unlimited appoint fails of the Opposition the President shall which the President request to supply a him or her to do so within such a shall in his or her own deliberate as judge of a who holds or has held office in civil and criminal jurisdiction or a court having in some matters from in appeals jurisdiction as any such judge.
to be appointed (4)in addition Commission Commission, Peoples' to the Chairp erson, of the there shall be four members who shall be the Chairpersons Women and Gender Equality Commission, of the Ethnic Relations Indigenous Commission and Rights of the Child Commission.

(5)The Deputy elected consensual by and from the other members of the Commission deems fit.
as the Commission using such mechanism Chairperson of the Human Rights be shall Commission unable is for any reason is for any reason vacant, or becomes to perform the functions of the Chairperson, or if that office the to perform may he one of the other members or Chairperson thereof or the holder of the office of Chairperson, to act in the office of Chairperson; (6)If the office of Chairp erson of the Commission the holder thereof office, then the ho Ider of the office of Deputy is vacant, functions elected such other member shall continue appointed of of Chairperson that office or, as the case may be, until the Chairperson other than the Deput)'.'
Chairperson is acting therein, Chairp erson has assumed the functions or if a member the Deputy so to act until a person has been and has assumed those functions.

and the Deputy to the office or resumed unable A.O.

2001) CONSTITUTION (No.

3) (AMENDMENT) [No.

5 9 (7) The President Opposition, remove the Chairperson from office.

may, with the concurrence of the Leader of the of the Functions Human Rights Commission Fourth Schedule 2120.
(1) The functions ofthe Human Rights Commission the Human are to-· (a) monitor the observance of the international instruments to which the Government acceded to and specified in the Fourth Schedule; accedes from time to time, including those already (b) monitor for any amendment and assess compliance of the law relating the need to the National with the rights and report thereto Assembly; (c) educate the public regarding the nature and content of the rights; (d) make recommendations ministry to any person or any entity, department, including a affecting or government to matters relating compliance with and adoption of measures of the for the promotion rights; (e) carry out or cause to be carried out research and studies the observance recommendations of the rights thereon to the National Assembly; and report the findings concerning and (f) monitor and review all existing and proposed and measures for compliance with the rights legislation, the nee for and report policies any amendment to any legislation to the National Assembly; (g) investigate complaints of, investigations or initiate into violations of the rights; (h) resolve disputes or rectify acts or omissions by mediation, conciliation or negotiation; (i) liaise with governmental, and and non-governmental organisations, other relevant persons regarding matters under its purview; bodies to address the complaints and concerns of G) take appropriate action are being or are likely on behalf to be violated; of persons whose rights have been, No.
5] LAWS OF GUYANA [A.D. 2001 10 (k) enlist advice in order to facilitate its functions; the aid of such persons as may be necessary to give expert (I) establish as part of its Secretariat, such units as are necessary for, inter alia, the purpose of monitoring compliance with laws relating to the rights, sectors and the general public employers on desirable in the public employment and private practices; and for educating (m)to prepare and submit reports to the National Assembly pertaining to any convention, Commission; covenant or charter relating of the to the objects (n)do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the Commission.
(2)1 f any person that any of the rights alleges be contravened other action same matter, on behalf in relation which is lawfully the Commission of the complainant to his or her, then, without has been, is being or is likely prejudice to to any to the available legal action shall have the power to institute to him or her, with respect for redress.

Secretanat 212P.

(I) Each Commission established under article.

212Q.
212Q.

(I) Shall appoint National the secretary Assembly, on such terms and conditions Officer as may be approved by the and (who shall serve as its Secretary), a Chief Executive and assistants to the Chief Executive Officer.
(2)The Human Rights Commission functioning of the Secretariat of the Commissions, shall be responsible which shall comprise - for the efficient (a)the Chief Executive Secretariat; Officer Commissions who shall be the (b) the secretaries and assistants to the Chief Executive Officers; and (c)other officers and employees as may be necessary of the Secretariat, for the efficient who shall be appointed discharge of the functions on such terms and conditions Commission.
as may be determined by the (3)The Secretariat each Commission Commission shall be subdivided into four units, there being a unit for dealing with issues under the purview of that and headed by its Chief Executive Officer.

A.D. 2001] CONSTITUTION (AMENDMENT) (No.

3) [No.


5 II (4)Before a Commission ph (I) or (2) any person who holds or is acting appoints to act in any office referred power to make under this Constitution in any office, in the Judicial, the Teaching, to in paragra appointments the Police obtain the approval to which is vested or the Public Service of the Commission Commission, in which that power is vested.
the Commission shall first seek and (6)Where a public officer is appointed to an office referred to in paragraph (I) or (2) that officer shall, public independent of the Commission officer unless the appointing subject Commission to the said paragraph determines that that office shall be (I) or (2), remain a from which he or she has been appointed.

(7)Nothing in this article shall be construed as precluding a Commission from appointing any person who is not a public officer to an office .
referred to in paragraph (I) or (2).

(8)The emoluments payable and allowances Sectoral by the Parliamentary and approved to the members of a Committee with the Commission by the National for Social shall be proposed Commission Services Assembly.

in consultation The Women and Gender Equality Commission Women and Gender Equality Commission.

2!2Q.

(I) The Women and Gender Equality and acceptance and the protection, that women's development for .
and attainment equality Commission are human rights, of gender shall promote respect national gender recognition equality rights (2)The Women and Gender Equality Commission to in subparagr shall consist aphs (a), (b) and (c), of from each of the categories persons appointed by the President - as follows referred (a)not less than five nor more than fifteen members, and gender equality issues, nominated with expertise by entities, in women's by a consensual Assembly, Advisory determined members elected mechanism after the entities, Committee by the votes of not less than two thirds are of all the of the National Assembly; determined which shall include by the National the Women's of the Trades Union Congress, (b)the Administrator of the Women's Affairs Bureau, by whatever name that office is designated; and (c)a member who shall be a nominee, without the right to vote, commissions: the chosen by and from each of the following Human Rights Commission, Indigenous Peoples' Commission.
Commission, Commission, and Rights of the Child Ethnic Relations No.

5] LAWS OF GUYANA [A.O.

2001 12 Functions of the Women and Gender Equality Commission.

2 l 2R.
ln addition Women and Gender Equality to the functions Commission are to - specified in article 2121(2), the functions of the of the status (a) promote (b)promote issues related and gender women, girls to the enhancement issues; of women's needs and interests and the integration of gender issues; mainstreaming the empowerment women's as human rights; of women; (c) promote (d)promote rights (e)raise the awareness of the contribution of women and of faced by women including the recognition and value (f) promote problems of unwaged work; women's needs, of economic spectrum both the practical different interests, and social and strategic and concerns development needs of women as being in the wider and address (g)educate from those of men; and monitor employers in relation and the public to women; employment practices (h)monitor compliance and make recommendations for instruments to which the with international accedes from time to time, including to and which relate to the purpose those of the compliance Government already acceded Commission; on desirable (i)evaluate any system of personal or any law likely or the to affect gender equality or and family law, customs practices status Assembly with regard thereto; of women and make recommendations to the National U) recommend and promote the implementation of Legislation and the formulation and protect of policies of women; the status and measures so as to enhance (k)promote, initiate or cause to be carried and the out research especially reproductive health, on women and gender related issues of databases creation including violence economic relevant those of health, against and political or as may be referred women and the family, and their socio­ status, may deem as the Commission to it by the National Assembly; and cooperation to decision- with women's making that affects the (l)promote consultation organisations lives of women; (m)recommend training in relation and technical assistance to support initiatives by and for women and girls; the participation (n) promote and of women in national decision­ making.
The Indigenous Peoples' Commission Indigenous Peoples' Commission.

enhance and needs.

212S.

(1) The Indigenous of indigenous Peoples' peoples Commission and to respond the status to their legitimate to demands shall establish mechanisms (2)The Indigenous Peoples' Commission shall consist of persons from A.D. 2001] CONSTITUTION (No.

3) (AMENDMENT) [No.
5 13 each of the categories as follows - President referred to in sub-paragraphs (a), (b) and (c) appointed by the determined by entities, Assembly, (a)not more than ten members nominated by a by the National by the votes of not less than of the National consensual mechanism after the entities are determined of all elected two-thirds (b)three persons, Toushaos nominated votes of not less than National Council by Amerindian Assembly; by the one woman by the determined of the members including organisations of all elected at least one being a woman nominated and two persons two-thirds Assembly; members and (c)a member who shall be a nominee, without the right to vote, Commissions: by and from each of the following chosen Human Rights Commission, Equality Women and Gender Child Commission.
Ethnic Relations Commission of the and Rights the Commission, Functions of Indigenous Peoples' Commission.

212T.
In addition Peoples' to the functions specified Commission in article the Indigenous are to - 2 l 2J (2) the functions of and protect (a)promote (b)raise awareness peoples; indigenous the rights of the contribution of indigenous peoples; of, and problems faced by, (c)promote to the village and authority empowerment council of the Council of indigenous peoples, in the local government system especially and the scope with regard ofToushaos; (d)make recommendations indigenous (e)make recommendations on economic peoples; the interests advance to and education policies of the cultural for the protection, and language preservation and of indigenous heritage promulgation peoples; (f)promote consultation especially with regard making and other decisions that affect their lives; and cooperation with indigenous to their participation peoples decision­ in national (g)recommend initiatives and promote training by and for indigenous peoples; and technical assistance to support (h)educate improve (i)monitor and the public employers employment practices the need for and recommend to peoples; and the where appropriate and make recommendations to indigenous related establishment peoples.
of mechanisms to provide counselling for indigenous The Rights of the Child Commission of the Rights Child Commission.

212U.

(1) The Rights and enhance reflect the well-being and rights of the child.

of the Child Commission shall promote initiatives that (2)The Rights of the Child Commission to in sub-paragraphs of persons by the (a) and (b) appointed as President shall consist from each of the categories follows - referred (a)not less than five nor more than fifteen members, with No.
5) LAWS OF GUYANA [A.O.
2001 14 by entities, by in issues affairs, mechanism nominated for children's and organisations expertise a consensual after the entities Assembly, with responsibility Education, are determined elected affecting children, determined which shall include by the National the Ministry the Ministry of the interest of youth, representing by the votes of not less than two-thirds of all Assembly; the right to vote, be a nominee, without commissions: the Commission, and Indigenous chosen Human Rights Women and Gender Equality Commission.
Peoples' by and from each of the following Commission, of the National (b)a member who shall Commission Relations members Ethnic and 212V.

In addition the Rights of the Child Commission to the functions are to - specified in article 2121 (2) the functions of of Functions the Rights of the Child Commission.
(a)promote the rights and interests of, and respect for the views of, children; (b)ensure that the rights at all levels organisations taken; (c)monitor compliance and interests of children of government, when decisions other public bodies, and policies are taken into account and private are children affecting with international from time to time, including relate to the purpose of the Commission; and make recommendations instruments to which the Government to and which those already acceded for the compliance accedes (d)consult on and participate in the preparation of the Annual Report of the Child to be submitted the Rights United (e)ensure Nations Committee that children have on the Rights effective means of redress if their arc rights by the Government of the Child; on to the being violated; (f) monitor, procedures order to promote evaluate and practices the rights of the child.
and make recommendations on policies, in and institutions of organisations, bodies The Public Procurement Commission Public Procurement Commission.

212W.

(I) There shall be a Public Procurement purpose order to ensure conducted according Assembly.
of which is to monitor that the procurement equitable, public procuremen of goods, transparent, guidelines services competitive as may be determined in a fair, to law and such policy Commission Procurement therefor t and the procedures in works are and execution and cost effective manner by the National its functions (2)The Commission fairly.

shall be independent, impartial, and shall discharge 212X.

(I) The Public who shall have expertise matters.


administrative Procurement and experience shall consist legal, in procurement, of five members financial Commission and Composition of the Public Procurement Commission.

A.O.

2001] CONSTITUTION (AMENDMENT) (No.

3) [No.

5 15 (2)The President members have been nominated not less than two-thirds of the elected shall appoint by the Public members Accounts ofthe National Assembly.
Committee and approved the members of the Commission after such by Appointment.

for three years and shall be eligible appointed office not earlier than three years after the end of their first term.

212Y.

(I) Subject to paragraph (2), members of the Commission shall be for one other term of for re-appointment, (2)Of those members first appointed, two shall hold office for four years.
(3)The Chairp erson and Deputy Chairp erson of the Commission shall be using such by and from the members of the Commission elected consensual mechanism deems fit.
as the Commission ( 4)The provision 225 shall apply to the office of a member of the s of article s ( 4) and (6) of that article and for the purp oses of paragraph shall be the Speaker of the National to a member other than the Chairp erson or a Assembly authority Commission, the prescribed except that, in relation member for the time being acting paragraph, the next following (6) shall be the Chairp erson.
paragraph in the office of the Chairp erson under authority for the purp oses of the prescribed (5)If the office of Chairp erson of the Commission the functions unable is for any reason to perform is vacant or the holder of the office, then of the office of Deputy Chairp erson, is for any reason thereof the holder thereof or the holder the office of the Chairp erson, act in the office of Chairperson; member shall continue office of Chairperson the case may be, Deputy Chairp erson is acting or resumed those functions.
and has assumed therein, or if that office is vacant, unable to perform the functions may be elected of to one of the other members, and the Deputy Chairp erson or such other so to act until a person has been elected to the of that office or, as the functions until the Chairp erson or if a member other than the the Deputy Chairp erson has assumed ( 6)If the office of a member of the Commission other than the Chairp erson is as Chairp erson under the preceding unable is acting thereof in relation or if the holder the functions to perform of his to act in that office and the vacant paragraph or is for any other reason or her office, a person may be appointed provisions to the appointment shall apply to such an appointment person to hold the office of the member concerned; under this paragraph appointed paragraph ( 4), continue office in which he or she is acting or, as the case may be, until the holder of subject to the to act until a person has been appointed the functions thereof those functions.
of members of the Commission as they apply to the appointment and any person to the provisions and has assumed resumes thereof shall, of a 212Z.

(1) The Commission shall establish a secretariat comprising its officers Secretariat.

and employees.

serve as Secretary, (2)The Commission shall appoint and such other officers and employees who shall for the as may be necessary a Chief Executive Officer, No.

5] LAWS OF GUYANA [A.D. 2001 16 discharge of its functions.
The tenns and Officer and the two other most senior conditions officers of the of the appointment to the shall be subject efficient Chief Executive approval of the National Assembly.

(3)The Chief Executive Officer shall be under the direction and control of the Commission employees and he or she shall be responsible or her.

who shall directly of the Commission report to him for the other officers and attend meetings of public procurement (4)The Chief Executive Officer may, as directed bodies.
by the Commission, paragraph appointments the Police obtain the approval to which is vested or the Public Service (5)Before the Commission appoints (2) any person who holds or is acting under this Constitution to act in any office referred to in in any office, power to make in the Judicial, the Teaching, Commission, the Commission shall first seek and of the Commission in which that power is vested.

(6)Where a public (2) that officer shall, the Commission paragraph officer unless Commission.
officer is appointed to in to an office referred subject determines to the that office shall be independent said paragraph (2), remain a public of any other (7)Nothing in this article shall be construed officer any person who is not a public as precluding the Commission to an office referred to in from appointing (2).

paragraph (8)The emoluments and allowances by the Public payable Accounts to the members of the Committee in consultation Commission with the Commission.

shall be determined 2 l 2AA.


( 1) The functions of the Public Procurement Commission are to - of Functions the Public Procurement Commission.
(a)monitor systems policy and review the functioning to ensure that they are in accordance of all public procurement with law and such Assembly; guidelines as may be determined by the National of the rules, process procedures among suppliers, and special and public contractors requirements interest in public the national to any international obligations; of procurement the performance to procurement having matters, bodies with respect to in procuring goods and services regulations and execution of (b)promote awareness of the procurement bodies; (c)safeguard due regard ( d)monitor adherence and efficiency works; (e)approve of procedures for public for public procurement procurement, disseminate rules and and recommend modifications procedures thereto (f)monitor to the public compliance the need for any legislation and matters to the National procurement entities; and measures for and report policies under its purview Assembly; and review all legislation, with the objects A.D. 2001] CONSTITUTION (No.
3) (AMENDMENT) [No.
5 17 the procurement procurement procedures entities (g)monitor and review regional, project and national units; execution complaints from suppliers, contractors remedial action; cases of irregularity (h)investigate and propose (i)investigate and mismanagement, as well as those of and propose and public entities of the ministerial, remedial U)initiate action; investigations to facilitate the effective functioning of public procurement systems; (k)enlist the aid of such persons, the as may be necessary, to assist Commission with expert advice; (I)liaise with and refer matters to the Police and the Auditor General; and (m)do all other acts and things as may be necessary the to facilitate efficient discharge of the functions of the Commission.
(2)In addition to the functions lay be provided by the votes of a majorit prescribed for by law; any addition y of all the elected thereto in the Constitution members of the National in this Constitution, the functions but the removal or variation of any function shall be by the vote of not less of the Commission shall be approved Assembly than two-thirds of such members.
(3)The Commission may, by directions any of it functions in writing to any one or more members and subject to such of may as the Commission or to such officers of the Commission fit, delegate as it thinks conditions the Commission, determine.

Appeals.

Reports.

212BB.

(1) A decision of the Commission is subject to an appeal to the Tribunal established under article 212 EE.

(2)A decision Appeal.

of the Tribunal is subject to an appeal to the Court of 212 CC.
(1) As soon as practicable after the end of each year of its operation, to the National the of report shall submit of the Commission during Commission the activities report submission Assembly shall be tabled thereafter.

if the Assembly in the Assembly is sitting, Assembly an annual the preceding year and the days of its within thirty of the if not, at the first meeting of the Commission report (2)The Chairperson special the functions should, National in the national Assembly.
to the National of the Commission interest, Assembly may at any time submit a to any aspect with respect of which the Commission of the to the attention be brought considers (3)For the purposes of paragraph (2) a matter if­ is of national interest (a) it affects (b)disastrous were not brought a wide cross-section consequences to the attention would follow if a report on the of the Assembly.

of the populace; and matter No.


5] LAWS OF GUYANA [A.D. 2001 18 (4)The Commission and shall publish forty-five shall prepare every special days of the submission and publish report executive summary of its annual ., in media having wide accessibility in of such special report to the National report; Guyana within Assembly.

Requirement to provide information.

212DD.


(I) The Commission may require ministry or government department, any person, to provide or any entity, --- it with information a including (a)for the purposes of any investigation it is carrying out or proposes to carry out; and (b)on the measures of the decisions that have been or are being taken for the with any provision of, or the compliance relating to, implementation the Commission.

Public Procurement commission Tribunal.


(2)For the purposes of paragrap h (1), Parliament may by law make or prov1s1on decision for offences and penalties relating of, or provision to the Commission.

for non-compliance with any requirement, 2 l 2EE.


Parliament may by law provide Tribunal Procurement Commission and such law may make provision for for the establishment of a Public of the Tribunal; (a)the constitution (b)all matters (c)all matters of Appeal; relating relating and to the jurisdiction to appeals from decisions powers and duties of the Tribunal; to the Court of the Tribunal (d)the practice and procedure of the Tribunal.
Principles for the Establishment of Commissions for Principles the establish­ ment of Commissions.

its functions existing following under article commissions considerations - 212FF.
The Standing Committee for Constitutional Reform shall, review the operations to of and the need for of new commissions, applying the in addition and for the establishment 119A, continually (a)the issues or affect a wide cross-section by a commission of the populace; to be addressed must be of nafonal interest (b)there could be disastrous consequences and the country at large if the issues arc not attended for the society to and monitored; (c)there is the assessment that it is important be that political interference eschewed in relation to the issues to be addressed; (d)the operating a commission and maximise commission; procedures and mechanisms are such as would minimise perception public for choosing the members of the Executive the influence of the of impartiality in the operations of ( c)in accordance should commissions with the need for efficiency be kept small and staffed by persons of appropriate and cost-effectiveness, A.D. 2001] CONSTITUTION (No.
3) (AMENDMENT) [No.

5 skill and experience; 19 (f)where commissions, administrative of human and financial limitations should common secretariats commissions, especially resources be established.

protective are established to address similar issues, should be considered and nature as opposed to of Alteration article 226 of the Constitution.
8.Article 226 (2) of the Constitution is hereby altered by substitution for paragraph (2) of the following paragraph-· to affirmative "(2) Subject commission and until such rules are made, the commission procedure".

shall make rules, resolution relating to the procedure Assembly to the commission; its own shall regulate of the National a Gender inclusion.

9.Wherever any of the words: "he", "him" and "his' appear in the Constitution there shall be substituted the respectively.
words "he or she", "him or her" or "his or her", Parliament to make provision.

I 0.

Parliament functioning proper of any Commission.

may make such provision as may be necessary to facilitate the No.

5] LAWS OF GUYANA [A.D. 2001 20 FOURTH SCHEDULE art.
2120(1) Convention on the Rights of the Child Convention on the Elimination of All Forms of Discrimi nation against Women Convention on the Elimination of All Forms of Racial Discrimin ation Convention Against To1ture and Other Inhuman or Degrading Treatment or Punishment Covenant on Economic Social and Cultural Rights Covenant Rights on C ivil and Political Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.
Passed by the National Assembly on 31st May, 200 l. (BILL No.

6/2001) Clerk of the National Assembly.

FA.

Narain,