By Isanella Patoir
The inaugural Memorial Lecture in honour of Madam Justice Desiree Bernard, on the topic “Article 29: Women’s Participation in Decision Making: Have We Arrived?” sparked insightful reflection and discussion from women judges in Guyana and the Caribbean.
The event, organised by the Guyana Association of Women Judges in collaboration with the University of Guyana, was held on Monday to commemorate the International Day of Women Judges and simultaneously paid tribute to the trailblazing Justice Bernard.
Justice Desiree Bernard was Guyana’s first female judge and the first female judge of the Caribbean Court of Justice (CCJ). She held numerous prestigious positions throughout her career. She passed away on March 28, 2024, at the age of 85.
The lecture on Monday was an opportunity to evaluate the progress and the continued quest for gender equality in leadership positions.
The lecture on Monday was an opportunity to evaluate the progress and the continued quest for gender equality in leadership positions. (Photo: Priya Manickchand/Facebook)
It also centered around Article 29 of Guyana’ Constitution, which states that: ‘Women’s participation in management and decision-making processes, whether private, public, or state, shall be encouraged and facilitated by laws enacted for that purpose.’
Chancellor (ag) of the Judiciary, Justice Yonette Cummings-Edwards reflected that the journey towards gender equality in Guyana is marked by significant legislative milestones.
After Guyana gained independence in 1966, early constitutional provisions were limited in scope regarding women’s rights. The 1980 constitution introduced Articles 149(1) and 29 where women were given better opportunities.
Later in 2003, it was Justice Bernard who led reforms to further strengthen Article 29.
Justice Desiree Bernard was Guyana’s first female judge and the first female judge of the Caribbean Court of Justice (CCJ). She held numerous prestigious positions throughout her career. She passed away on March 28, 2024, at the age of 85.
International frameworks like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was also chaired by Justice Bernard, and regional instruments like the Charter of Civil Society for the Caribbean Community (1997), have also bolstered gender equality efforts in Guyana and the Caribbean.
“With all of these pieces of legislation, one would have thought that by now “they” would have gotten it right, they know themselves but sadly we are not fully there yet,” Justice Cummings-Edwards said.
Are we there yet?
Repeatedly during her remarks, Justice Cummings-Edwards asked: “Are we there yet? Have we arrived?”
While the judiciary now boasts over 50 per cent women and the Representative of the People’s Act Section 11 (b) which speaks to a quota system, where one-third of a political party must be women and while acknowledging this as “progressive”, Justice Cummings-Edwards stated that lingering societal issues remain.
These challenges continue to persist in the “private sphere” as Justice Cummings-Edwards termed it, where issues like domestic violence, family violence, and gender-based abuse remain prevalent.
“I would say in my view, we are there but there is still more to go. I am looking at the private sphere in the area of domestic violence, in the area of family violence, in the area of sexual violence, despite forward thinking legislation – The Sexual Offences Act, The Family Violence Act – and so many other pieces of legislation, in the private sphere there are still cases of domestic violence or family violence coming to the fore.
“What is reported is not half of the picture despite facilities provided by the Ministry of Human Services and Social Security for shelters for women, we still have cases in the private sphere where women voices cannot be heard.”
She further went on to explain that there are situations where if women tried to raise their voice or have their voices heard, they are met with violence.
“Does this mean that Article 29 is ineffective? It does not mean so, but there is so much more to be done on our part,” Justice Cummings-Edwards said.
Cultural practices, Justice Cummings-Edwards said also, continue to play a part in gender inequality.
She referenced songs that describe women in unpleasant ways and asked, “We sing to those songs, we dance to those songs, do we condemn them, do we buy them, do we support them?
“We cannot say we have arrived when our sister legislation, our sister territories are not enjoying the same participation be it in the region or be it further afield,” Justice Cummings-Edwards asserted.
President of the Guyana Association of Women Judges, Justice Priscilla Chandra-Hanif during her remarks said the association seeks to inspire, educate, and empower women, building on the foundation laid by pioneers like Justice Bernard.
President of the Guyana Association of Women Judges, Justice Priscilla Chandra-Hanif
“Every day we women judges suit up and put on our capes of justice, and like every other superhero, we are able to do the unimaginable and overcome insurmountable challenges. Women judicial officers bring compassion, empathy, understanding, intuition, and fairness to the system, making justice truly accessible and equal for all,” Justice Chandra-Hanif said.
She further added that the judiciary, under leaders like Chief Justice (ag) Roxane George and Chancellor (ag) Justice Cummings Edwards, has undergone remarkable transformation.
Meanwhile, President of the Caribbean Association of Women Judges, Justice Nadia Kangaloo highlighted the lasting impact of Justice Bernard’s work.
“As we honour Justice Bernard in this lecture, we are reminded of her unwavering commitment to fairness, to integrity and to the advancement of justice, her work laid the foundation for many of the privileges and opportunities that we as women judges now have in the Caribbean and indeed in the wider world,” Justice Kangaloo said.
President of the Caribbean Association of Women Judges, Justice Nadia Kangaloo (Photo: Priya Manickchand/Facebook)
Speaking on Article 29, Justice Kangaloo, who is also a High Court Judge in Trinidad and Tobago, said it is not just a mandate but a call to action.
“It is a call of action that resonates across every aspect of life, from our courts to our legislation bodies, from private boardrooms to all corridors of power.”
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