The Constitution was recently amended by Bill 9 of 2003 which declared discrimination against people with disabilities unconstitutional. The amendment process began in 1998 with the consultation of individuals and representatives of civil and political groups. There were both oral and written presentations at the consultations and included those by disability groups. At the conclusion of the exercise, a committee was established with representatives from both civil and political groups. No representatives from disability organizations were invited to participate in this committee. The committee's task was to review the submissions and determine which recommendations would be acceptable as constitutional amendments. These recommendations were then reviewed by a special parliamentary oversight committee and after months of deliberation several Constitutional Amendment Bills, including the Bill 9 of 2003, were tabled in Parliament and passed.²

No other laws have been passed that specifically protect the rights of persons with disabilities. Guyana's disability policy is established by the National Policy on Rights of People with Disabilities.³ However, the policy lacks legal standing and would need to be passed into law before it would be enforceable.

The Guyana Police Force and the Probation Department of the Ministry of Human Services are in charge of maintaining records of reported abuse or violence against people with disabilities. The National Commission on Disability and the Guyana Human Rights Association keep records of cases of discrimination against persons with disability in regard to employment, housing, education, and transportation.

Legal Barriers

People with certain types of disabilities may be prevented from election to Parliament. Article 55 of the Constitution, for example, states that, "No person shall be qualified for election as a member of the National Assembly who...(b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Guyana." Article 159, section (3) adds that, "No person shall be qualified to be so registered who on the qualifying date is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Guyana." Article 53, establishes that, "a person shall be qualified for election as a member of the National Assembly if, and shall not be so qualified unless, he...(b) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly."⁴

^2. Mike McCormic (Co-President, Guyana Human Rights Association),interviewed by author, 8 October 2003.

^3. National Policy on Rights of People with Disabilities, March 1997. The document was obtained from the Clerk of Parliament on 30 October 2003.

^4. Constitution, updated in 1996.