The issue of the prolonged absence of a substantive Chancellor and Chief Justice, made it to the floor of the United Nations Human Rights Committee on Wednesday as Guyana was under its periodic review.

Vice President of the Committee Mr. José Manuel Santos Pais , stated that by not confirming judges, it exposes the judiciary to control by the Government.

“The entire Judiciary is therefore under some degree of influence and control by the Executive President of Guyana and the Parliament entailing the politicization of the Judiciary and delaying the appointment of Judges, leading to a significant of cases in both criminal, especially at pre-trial stages and civil courts,” the Committee Vice Chair stated.

Assessing the issue from a Human Rights perspective, Pais stated that the benefits and security of tenure will also be affected. 

“Therefore, both the executive and the Judiciary interfere with the appointment of Judges. Moreover, it has been the practice of several Presidents not to confirm the substantive appointment of judges but to keep them in an acting posting, thus affecting negatively their employment and other benefits as well as hampering their security of tenure, this seem to be currently the case for the head of the Judiciary

But in response, Minister Teixeira reminded that the Chancellor and Chief Justice are appointed by agreement of the President Leader of Opposition and that the parties have been unable to reach an agreement for sometime, however she said acting appointments in the Judiciary is nothing new.

“It is not a recent occurrence, the former chancellor and Chief Justice after the amendment was made in the constitution suffered the same faith and therefore, we have to review these political interventions in the constitution which was meant to build greater harmony and a better working relationship between the President and Opposition Leader,” Teixeira stated. 

She said too that the current formula of acting appointments has not resulted in direction from the government or lack of independence. 

Opposition Leader Aubrey Norton had written to the President indicating his support for the confirmation of the current Acting Chancellor and the current Acting Chief Justice in the two posts. However, there was no move on the Opposition Leader’s position.

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