See full statement from the Ministry of Legal Affairs:
Today, the Honourable Chief Justice (ag), Roxane George SC, dismissed the legal proceedings filed by Mrs. Catherine Hughes, the Applicant, on 12th December 2023, seeking, in the main, a number of declarations regarding the establishment of the Human Rights Commission, including that the State’s alleged failure to operationalise the Human Rights Commission breached her rights under Article 154A of the Constitution, and declarations that a certain statement made by the Vice President was in breach of her entitlement to equality before the law (Article 149D) and 149F of the Constitution (equality for women).
In her submissions to the Court, Mrs. Hughes argued, among other things, that the said statement made by Dr. Bharrat Jagdeo, Vice President of Guyana, at a Press Conference held on the 23rd November 2023, at which he referred to Mrs. Hughes as a “low-life”, amounted to discrimination against her as a female African member of the National Assembly. Mrs. Hughes also argued that the non-establishment of the Human Rights Commission violated her constitutional rights under Article 154A of the Constitution and breached her legitimate expectation that the Commission would be established.
𝗧𝗵𝗲 𝗔𝘁𝘁𝗼𝗿𝗻𝗲𝘆 𝗚𝗲𝗻𝗲𝗿𝗮𝗹’𝘀 𝗮𝗿𝗴𝘂𝗺𝗲𝗻𝘁𝘀:
The Attorney General Honourable Mohabir Anil Nandlall SC MP rejected Mrs. Hughes’ arguments, submitting that she failed to make out a case for discrimination under Articles 149, 149D and 149F of the Constitution, and that in any event, Article 154A of the Constitution which provides access to certain international treaties enshrined in the Constitution, could not be invoked. In support of this submission, the Honourable Attorney General relied on Article 154A(2) of the Constitution which expressly provides that:
“154A(2). The rights referred to in paragraph (1) do not include any fundamental right under the Constitution”
The Attorney General argued that once a right is protected under the fundamental rights regime (such as the rights Mrs. Hughes claims in discrimination under Articles 149, 149D and 149F), she is not entitled to seek additional refuge in Article 154A of the Constitution in relation to the same rights.
The Attorney General further argued that there is absolutely no evidence of discrimination in the Vice President’s utterance, as he was speaking only of Mrs. Hughes, and that where discrimination is alleged, on the prescribed ground of race or gender, an inference of discrimination cannot be drawn, unless there is a true comparator, that is, where the circumstances are equal and the only difference is that of race or gender. In this case, not only was there no comparator” – there was no “true comparator”. The comment was in reference to the Applicant and the Applicant alone.
𝗧𝗛𝗘 𝗥𝗨𝗟𝗜𝗡𝗚:
The Honourable Chief Justice (ag), in dismissing the case brought by Catherine Hughes, held that Mrs. Hughes had not sufficiently established a case of discrimination under the provisions of the Constitution, or at all, and that her claim of discrimination on the basis of sex and race, in this context, cannot succeed.
The Court further determined that the utterance by the Vice President, without more, could neither amount to a breach of any of Mrs. Hughes’ fundamental rights, nor could the non-establishment of the Human Rights Commission, by that fact itself, amount to a breach of the Constitution. Additionally, the Court found no evidence that the Vice President’s statement was an official statement of the Government, as Mrs. Hughes alleged.
The Court further stated that Mrs. Hughes provided no evidence explaining why she failed to approach the Women and Gender Equality Commission, which is an operational constitutional body whose functions, include, initiating investigations into alleged violations of women’s rights and monitoring compliance with international instruments.
The Court therefore held that Mrs. Hughes’ claim was wholly misconceived and without merit. The Court indicated that a full written judgment would later be made available.
The Attorney General and the Leader of the Opposition were named Respondents in the proceedings by Mrs. Hughes. The Chief Justice dismissed the part of the claim against the Leader of the Opposition and commented that it is “more than passing strange” that the Applicant would sue her Parliamentary opposition colleague, the Leader of the Opposition.
The State was represented by the Honourable Attorney General, Mohabir Anil Nandlall, SC MP, Shoshanna V. Lall – Deputy Solicitor General, Mrs. Saabira Ali-Hydarali, Ms. Laurel Dundas and Mr. Pierre Squires – State Counsel, while Mrs. Hughes was represented by Mr. Nigel Hughes and Ms. Kiswana Jefford.
