Opposition MP files Court action over non-appointment of Human Rights Commission

Opposition MP files Court action over non-appointment of Human Rights Commission

Chairman of the Alliance for Change and Opposition Member of Parliament, Cathy Hughes, has moved to the High Court, seeking a number of declarations and conservatory orders aimed at having the Government establish the Human Rights Commission as prescribed by the Constitution.

In the case brought against the Attorney General Anil Nandlall, and the Leader of the Opposition, Aubrey Norton, the Opposition Member of Parliament is seeking a total of 15 declarations.

Among the declarations being sought is that the State’s failure to establish the Human Rights Commission is a breach of her right to not be denied equal protection benefit of the law as guaranteed by the Constitution. She is also asking the High Court to declare that the statement made by Vice President, Bharrat Jagdeo referring to her as a “low life” was a breach of her entitlement to equal status with men in all spheres of political, economic and social life as guaranteed by the Constitution.

Additionally, MP Hughes is seeking six conservatory orders, including orders for the State to establish the Human Rights Commission by having the President accept the list of six nominees from the Opposition Leader to constitute the Commission, and for the State to provide the requisite resources, including funding, for the operationalization of the Commission.

MP Hughes is also seeking damages in excess of $100,000 for the breach of the Constitution. 

 In her affidavit, the Opposition Parliamentarian said the Vice President, in his official capacity, sought to diminish her status as an African female Member of the National Assembly.

“The statement constituted a statement of Government Policy that Catherine Hughes…was not entitled equal rights and status with men in the sphere of political and social life as guaranteed by the Constitution,” MP Hughes stated.

She said the statement has caused her psychological harm as she felt discriminated against both on the basis of sex and race.

MP Hughes submitted to the Court that the incident was not an isolated event, pointing out that the Minister of Local Government, while addressing the National Assembly in his official capacity in February 2023, advised a female member of the National Assembly that she needed to “get a dildo.”

Those remarks, she said were overly sexist and or racist in nature.

MP Hughes said had the Human Rights Commission been in place, protection would have been sought under the Commission.

The Fixed Date Application, which was filed on December 7 through the MP’s Attorney, Nigel Hughes, will come up before the Chief Justice Roxane George on January 27, 2024.

In another case, MP Hughes has filed a lawsuit against the Vice President for more than $50M over his description of her as a “low life.”

Through her attorney, she said the publication of those words has gravely injured her reputation and have exposed her to public scandal and contempt, and has caused great embarrassment, psychological trauma, emotional distress and public humiliation. The Vice President has also filed a lawsuit against the Opposition MP for statements she made about him at a public rally.

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