Preventing graduates in arrears from travelling contravenes the constitution

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Former Member

Preventing graduates in arrears from travelling contravenes the constitution

By Staff Writer, August 3, 2016, http://www.stabroeknews.com/20...avenes-constitution/

Dear Editor,

The recent pronouncement of the Minister of Finance in which he declared that graduates who are in arrears with the University of Guyana would be prevented from travelling out of the country until they had settled the debt, must strike all right-minded people as an appalling act of lawlessness. This is so much the case that international news agencies carried the story.

The citizens of Guyana are subject to and protected by the Constitution of Guyana, and I cite section 148(1) as follows: “No person shall be deprived of his or her freedom of movement, that is to say, the right to move freely throughout Guyana, the right to reside in any part of Guyana, the right to enter Guyana, the right to leave Guyana and immunity from expulsion from Guyana.”

There are some exceptions to this which are to be applied under the laws of Guyana, but which can only be imposed after the judgement of a court of law. I refer particularly to section 148 (h) which states that restrictions upon the right of any person to leave Guyana may only be made if they are reasonably required in order to secure the fulfilment of any obligations imposed on that person by “law”.

Unless the order to fulfil an obligation is made by a court of law, no president, minister of government or cabinet can take it upon themselves to subvert the Constitution of Guyana and infringe the constitutional rights of any Guyanese citizen to travel freely. Indebtedness is a civil matter and must be proved in a court of law on a balance of probabilities. When a judgement is made further action at law can be taken if there is evidence that the party under obligation does not intend to fulfil it.

The Government of Guyana has just recently launched this disgraceful attack on University of Guyana graduates which is intended to shame and humiliate thousands of people who have made significant contributions to Guyana, mostly by working overseas and sending remittances which have supported the economy for years. For most of those who remained, it was impossible to get a decent job to earn a salary which could take care of ordinary obligations, let alone pay back student loans.

The free movement of Caricom nationals was also a policy intended to allow professionals and university graduates an opportunity to develop themselves and to contribute in all parts of Caricom. How does this Minister of Finance think this ridiculous dictatorial policy will work?

Someone seeking a job overseas will have to present a million dollars to some Customs officer in order leave the country, which will eventually amount to a lesser sum in order to ‘get away’? Is the Minister so ignorant of Guyana’s international agreements and citizens’ rights? Is this the new democracy?

The level of crassness with which this matter of student loans has been handled by the Granger administration leaves one to wonder at the quality of governance it intends to provide. There was no attempt to engage graduates on the issue before publishing the ‘list’, instead the administration took the route of name and shame which was immediately latched onto by the news media and others with glee, and which had the effect of criminalising those named in the public eye.

To President Granger, this policy is a serious, unforgivable breach of the Constitution of Guyana, the tenets of which he publicly swore to uphold. There are much better ways of dealing with this matter and as President it is his duty to find a way. Graduates will not forgive the stripping of their dignity in this manner.

I call on the legal profession in Guyana and the diaspora, and indeed all citizens, to get involved in preventing this breach of the Constitution of Guyana and infringement of the constitutional rights of Guyanese graduates. This government must be held accountable!

Yours faithfully,

Abiola Inniss

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Former Member

Guyana Constitution - Excerpt - Section 148

148.	(1)	No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Guyana, the right to reside in any part of Guyana, the right to enter Guyana, the right to leave Guyana and immunity from expulsion from Guyana.
	(2)	Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this article.
	(3)	Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision ––
		(a)	for the imposition of restrictions on the movement or residence within Guyana of any person or on any person's right to leave Guyana that are reasonably required in the interests of de fence, public safety or public order or for the purpose of preventing the subversion of democratic institutions in Guyana;
		(b)	for the imposition of restriction on the movement or residence within Guyana or on the right to leave Guyana of persons generally or any class of persons that are reasonably required i n the interests of defence, public safety, public order, public morality or public health or for the purpose of preventing the subversion of democratic institutions in Guyana;
		(c)	for the imposition of restrictions on the acquisition or use of land or other property in Guyana;
		(d)	for the imposition of restrictions, by order of a court, on the movement or residence, within Guyana of any person or on any person's rights to leave Guyana either in consequence of hi s having been found guilty of a criminal offence under the laws of Guyana of for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offence or for proceedings preliminary to trial or for proceedings relati ng to his extradition or lawful removal from Guyana;
		(e)	for the imposition of restrictions on the freedom of movement of persons who are not citizens of Guyana;
		(f)	for the imposition of restrictions upon the movement or residence within Guyana or on the right to leave Guyana of public officers;
		(g)	for the removal of persons from Guyana ––
			(i)	to be tried or punished in some other country for a criminal offence under the law of that country; or
			(ii)	to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Guyana of which he has been convicted; or
			(iii)	to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of Guyana relating to the treatmen t of offenders under a specified age; or
			(iv)	to be detained for care or treatment in a hospital or other institution in pursuance of a law of Guyana relating to persons suffering from defect or disease of the mind; or
		(h)	for the imposition of restrictions on the right of any person to leave Guyana that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law.
	(4)	provisions of article 151 shall apply in relation to a person whose freedom of movement is restricted by virtue of such a provision as is referred to in paragraph (3)(a) as they apply in relati on to a person whose freedom of movement is restricted by virtue of such a provision as is referred to in article 150 (2).