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Constitution of the Co-Operative Republic of Guyana

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CHAPTER II

PRINCIPLES 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. [Article 11 repealed by Act No. 10 of 2003]

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

13. The principal objective of the political system of the State is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organisations in the management and decision-making processes of the State, with particular emphasis on those areas of decision-making that directly affect their well-being.

14. The goal of economic development includes the objective of creating, promoting and encouraging an economic system capable of achieving and maintaining sustainable competitive advantage in the context of a global competitive environment, by fostering entrepreneurship, individual and group initiative and creativity, and strategic alliances with domestic and global business partners in the private sector.

15. The goal of economic development includes the objective of laying the material basis for the greatest possible satisfaction of the people's growing material, cultural and intellectual requirements, as well as the dynamically stable development of their personality, creativity, entrepreneurial skills, and co- op erative relations in a plural society. The State shall intervene to mitigate any deleterious effects of competition on individuals or groups of individuals.

16. The State shall foster the development of such relevant forms of cooperation and of business entities as are seen to be supportive of the goals of economic development as stated in articles 14 and 15.

17. Privately owned economic enterprises are recognised, and shall be facilitated in accord with their conformity with the aims and objectives stated or implied in articles 13, 14, 15 and 16.

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 be rewarded according to the nature, quality and quantity of his or her work, to equal pay for equal work or work of equal value, and to just conditions of work.

(2) Every citizen who is able to work has a duty to work.

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 right to proper housing accommodation.

27.

(1) Every citizen has the right to free education from nursery to university as well as at non-formal places where opportunities are provided for education and training.

(2) It is the duty of the State to provide education that would include curricula designed to reflect the cultural diversities of Guyana and disciplines that are necessary to prepare students to deal with social issues and to meet the challenges of the modern technological age.

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

29. Women's participation in the various management and decision-making processes, whether private, public or state, shall be encouraged and facilitated by laws enacted for that purpose or otherwise.

30. [Article 30 repealed by Act No. 10 of 2003]

31. It is the duty of the State to protect the just rights and interests of citizens resident 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. The well-being for the nation depends upon preserving clean air, fertile soils, pure water and the rich diversity of plants, animals and eco-systems.

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, other socio-economic organisations and the people through sustained and disciplined endeavours to achieve the highest possible levels of production and to develop the economy in order to ensure the realisation of the rights set out in this Chapter.

38A. To ensure that Guyana is a democratic State with a healthy economy, the State shall -

(a) facilitate the engagement of citizens in activities designed to achieve their sustainable livelihoods;

(b) progressively remove the barriers that prohibit or limit the realisation of the potential for self-sustaining activities in such fields as agriculture, processing, manufacturing and artistic and information-based activities;

(c) encourage and support the self-mobilization of citizens; and

(d) provide appropriate support to any group which is, or is claiming to be, under threat of marginalisation.

38B. The best interest of the child shall be the primary consideration in all judicial proceedings and decisions and in all matters concerning children, whether undertaken by public or private social welfare institutions, administrative authorities or legislative bodies.

38C. The State shall ensure that the adoption of a child takes place only if that adoption would be in the best interest of the child.

38D. Every child has the right to maintenance and accommodation from his or her parents and guardians

38E. Formal education is compulsory up to the age of fifteen years.

38F. No person's religion or religious belief shall be vilified.

38G.

(1) The integrity of the public service is guaranteed. No public officer shall be required to execute or condone irregular acts on the basis of higher orders.

(2) The freedom of every public officer to perform his or her duties and fulfil his or her responsibilities is protected.

(3) No public officer shall be the subject of sanctions of any kind without due process.

(4) In the discharge of his or her duties a public officer shall execute the lawful policies of the government.

39.

(1) 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.

(2) In the interpretation of the fundamental rights provisions in this Constitution a court shall pay due regard to international law, international conventions, covenants and charters bearing on human rights.

 


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