Statement 109 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

8th Session of the Human Rights Council Universal Periodic Review

Intervention by Australia

by Ms Robyn Hodgkin
11 May, 2010

Guyana

Australia welcomes the Honourable Carolyn Rodrigues-Birkett, Minister of Foreign Affairs and the delegation from the republic of Guyana and appreciates its engagement with the Universal Periodic Review process.

We commend Guyana on the wide consultation and successful passage of the Sexual Offences Act, particularly those initiatives that widen the definition of rape and criminalise marital rape. We also congratulate Guyana on the successful introduction of the National HIV/AIDS Workplace Policy, and the concomitant reduction in workplace discrimination.

We have listened with interest to the delegation of Guyana’s replies to questions in advance, however convey nonetheless the following concerns.

We note with concern that notwithstanding constitutional and legislative safeguards, there have been allegations of police brutality and the incarceration and torture of minors.

We regret that Guyana maintains criminal sanctions against sexual activity between consenting adults of the same sex, punishable by up to ten years in prison; and that Guyana retains the death penalty, including as a mandatory sentence for some crimes.

Australia recommends that Guyana:

1. Accede to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or degrading Treatment of Punishment, and incorporate its principles into domestic law.

2. Accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at abolishing the death penalty, and takes the necessary steps to remove the death penalty from Guyana’s justice system.

3. Removes legislation which discriminates against individuals on the basis of their sexual orientation or gender identity.

4. Continues, in implementing the Sexual Offences Act, to work towards a fuller realisation of the rights of victims of sexual offences.