Posted January 2005 - Originally published by the ICJ, Geneva, Switzerland, October 1965

Introductory note by the editor:

From time to time, when Dr. Cheddi Jagan was Premier of Guyana* during 1961-1964, he raised with the British Government the problem of the racial imbalance in the police and security forces in the country. On those occasions he asked for the setting up of a commission of inquiry to examine this situation and to make recommendations to allow for more Indians to be accepted into the Police Force.

The British government apparently agreed that the racial imbalance in the police and security forces acted to increase racial insecurity in the country but dragged its feet on the setting up of such a commission. However, when the PNC-UF coalition came to power, the British Colonial Office offered in January 1965 to appoint a commission of inquiry to examine this matter, but Forbes Burnham, the new Premier, opposed it on the ground that such a commission would undermine the self-governing status of Guyana.

When the British Secretary of State for the Colonies, Anthony Greenwood, visited Guyana in February 1964, Dr. Jagan again raised with him the question of the racial imbalances in the security forces and insisted that a commission should be set up to examine the matter and propose solutions to this problem. Burnham, on the other hand, stated that he did not recognise racial imbalances in the police and security forces and he opposed the setting up of a commission by the British government to address this issue. He later submitted a memorandum to the Greenwood emphatically denying the existence of any such racial imbalance in those bodies.

Nevertheless, the British government consulted with Burnham on this matter and he finally agreed to an investigation by the International Commission of Jurists (ICJ). On 6 April 1965 he subsequently invited that organisation to send a team to Guyana to investigate the racial imbalances, and on 17 June 1965, the ICJ indicated its willingness to send a three-member commission to carry out this task. Shortly after, Sean MacBride, Secretary-General of the ICJ, visited Guyana and discussed with Burnham and members of the government the plans for the setting up of the commission of enquiry. He also met with Dr. Jagan, the Leader of the Opposition, the Chief Justice, the President of the Bar Association and representatives of the Trades Union Council.

The PNC-UF government immediately set out, without consulting with the Opposition PPP, the commission's terms of reference. These did not concentrate on the imbalances in the police and security forces but were expanded to include the civil service, government agencies, the allocation of lands on land development schemes, and other areas of government responsibility. The commission was instructed "to consider existing procedures relating to the selection, appointment, promotion, dismissal and conditions of service of personnel are such as to encourage or lead to racial discrimination in the areas concerned; to make such recommendations as are considered necessary to correct any such procedures with a view to the elimination of imbalance based on racial discrimination having regard to the need to maintain the efficiency of the services concerned and the public interest."

The PPP felt that these terms of references were very unsatisfactory since they failed to deal with the crucial issue of correcting the existing imbalances, and they did not even give recognition that there were imbalances in the police and security forces. What was to be examined was only discrimination which could lead to imbalances in the future and which could affect the efficiency of the public service. The PPP also felt that the ICJ commission should have concentrated on the issue of racial imbalances in the police and security forces since this was of greater urgency. By making the commission examine other areas, such as the public service and the distribution of land on land development schemes, the commission's attention was diverted away from the real issue that required urgent attention.

The PPP protested these terms of references to the British government, but to no avail. The Party, therefore, decided to boycott the meetings of the ICJ commission.

The commission was headed by Justice Seamus Henchy of Ireland, and its other members were law professors Felix Ermacora of Austria and Peter Papadatos of Greece.

The Registrar to the commission, David Sagar, an Australian solicitor on the ICJ staff, arrived in Guyana on 15 July 1965 and immediately began making the administrative arrangements for the holding of the inquiry. During July 1965, the ICJ, by way of newspaper advertisements, invited interested individuals or groups to submit written memoranda setting forth their views on the matters to be investigated by the commission. The Registrar to the commission, by the end of July, received written submissions from 65 individuals and 17 organisations.

The members of the commission arrived on 4 August and began the public sessions at Bishop's High School in Georgetown on the following day. The commission intended at first to hold only public sessions, but because some individuals stated that they wished to give evidence in private, a few private sessions were held to accommodate them. Public and private sessions were held on 12 days and the final public session took place on 20 August 1965.

During the public and private sessions, the commission received evidence or submissions from the Attorney-General, numerous public organizations, holders of public offices, private organizations and groups, and many individuals. Many of these groups and individuals gave evidence in support of memoranda which they had previously submitted, while others gave evidence without having submitted a memorandum. The members of the commission returned to the headquarters of the ICJ in Geneva, Switzerland, where they worked on the preparation of their report. This report, entitled Racial Problems in the Public Service, was finally submitted to the Guyana government October 1965.

The commission expressed its regrets over the non-participation of the PPP in the inquiry. Despite this, it stated it had obtained the views of the Party from its newspaper the Mirror which carried articles setting forth the party's views on topics the commission was investigating.

It found that in the combined security forces, civil service and government agencies, primary schools and development schemes, African were in the majority with 51 percent while Indians accounted for 40 percent.

With regard to the police force, the commission refrained from making any judgement as to whether or not there was discrimination in recruitment. But it recommended that for every year for a period of five years, 75 percent of new recruits should be Indian and 25 percent from other races. A proposal for a crash programme to recruit large numbers of Indians within one year was rejected by the commission.

In dealing with the Volunteer Force, it noted that companies of the Volunteer Force were established in predominantly African areas and agreed that this amounted to racial discrimination. It, therefore, recommended that companies should be set up in areas where there would be large numbers of Indian volunteers.

The PNC, when it formed the opposition, had always accused the PPP government of discriminating against Africans in the field of agriculture. It was for this reason that the PNC-UF government fashioned the commission's terms of reference to enable it to investigate land allocations on land development schemes during the period of the PPP government. However, the commission found that despite the presence of many more Indians than Africans on land development schemes, no discriminatory practices were employed in the selection process.

Burnham expressed his disagreements with some of the findings of the commission, in particular with the issue of land allocations, but he finally agreed to accept the recommendations. However, these recommendations, particularly those related to the police and the Volunteer Force, were never implemented by the government.

[* Guyana was known as British Guiana up to May 1966.]

REPORT OF THE BRITISH GUIANA COMMISSION OF INQUIRY
Constituted by the International Commission of Jurists, October 1965 -

RACIAL PROBLEMS IN THE PUBLIC SERVICE
**

TABLE OF CONTENTS

Introductory Note by Secretary-General
Personnel of Commission of Inquiry
Letter of transmission to the Hon. L. F. S. Burnham, Prime Minister of British Guiana

REPORT

Chapter I. Introductory
Terms of Reference
Preliminary Procedures
British Guiana Ordinance
Conduct of Inquiry
Acknowledgements

Chapter II. The Scope of the Inquiry
Public Statement
Interpretation of Terms

Chapter III. The Background: Historical and Other Factors
Table I: Racial Distribution of the Population in 1946 and 1960
Table II: Racial Distribution of the Population on 31st December, 1964 (Provisional)
Table III: Total Racial Percentages in the Security Forces, the Civil Service, Government Agencies and Undertakings and Areas of Governmental Responsibility

Chapter IV. The Security Forces
General
The Police Force
(a) Historical Development
(b) Legal Basis and Function
(c) The Police Service Commission and the Police Federation
(d) Racial Composition of the Police Force
(e) Recruitment
(f) Promotion
(g) Training
(h) Method of Selection of Officers for Training Overseas
(i) Conditions of Service.
(j) Dismissal Conclusions
Recommendations
The Special Constabulary
The Rural Constabulary
The Supernumerary Police
The Volunteer Force
(a) Nature and Functions
(b) Racial Composition
(c) Recruitment
(d) Service
Recommendations
The Special Service Unit.
Table IV: Racial Composition of the Security Forces
Table V: Racial Composition of the British Guiana Police Force
Table VI: Racial Composition of Population and Police by Police Station Districts
Table VII: British Guiana Police Force. Racial Composition of persons selected for training abroad
Table VIII: British Guiana Volunteer Force. Racial Composition of Divisions
Table IX: British Guiana Volunteer Force. Racial Composition by Rank
Table X: Special Service Unit. Racial Composition

Chapter V. The Civil Service
History and Constitution
Racial Composition
Public Service Commission
Appointments
Findings and Recommendations
Tables XI-XXXII: Racial Composition of Staff in each of the Respective Ministries and Departments
Table XXXIII: Racial Composition of Staff employed in all Ministries and Departments

Chapter VI. The Judiciary
General
Appointment of Judiciary
Judicial Service Commission
Racial Composition of the Judiciary
Recommendations

Chapter VII. Education
The Ministry of Education
Organization of Primary Education
Organization of Secondary Education
Racial Composition of Teachers and Pupils
Appointment of Teachers
"Mushroom Schools"
Conclusions and Recommendations Table XXXIV: Analysis of Schools by Denominations showing the Racial Percentage of each Governing Body and the Government Schools as a whole
Table XXXV: Table classifying Primary Schools
Table XXXVI: Secondary School Enrolment (1959-1964)

Chapter VIII. Local Government
History
Present Organization

Racial Composition
Findings and Recommendations
Table XXXVII: Racial Composition of persons employed in Local Government
Table XXXVIII: Racial Composition of Mayor and Town Council of Georgetown
Table XXXIX: Racial Composition of New Amsterdam Town Council
Table XL: Racial Composition of Employees in certain Districts

Chapter IX. The Land Settlement Schemes
Origins and Purposes
Main Schemes
Racial Composition
Procedures
Findings and Recommendations
Table XLI: Racial Composition of Settlers on Land Development Schemes

Chapter X. Government Agencies and Undertakings
General
The Public Corporations Ordinance 1962
Existing Corporations
(a) Guyana Airways Corporation
(b) Guyana Industrial Development Corporation
(c) The Guyana Marketing Corporation
(d) The British Guiana Credit Corporation
(e) The British Guiana Electricity Corporation
(f) The British Guiana Rice Marketing Board
(g) The British Guiana Rice Development Co. Ltd.
(h) The Transport and Harbours Department
(i) The Guyana School of Agriculture Corporation
(j) The University of Guyana
Racial Composition
Findings and Recommendations
Table XLII: Government Undertakings: Racial Composition of Boards
Table XLIII: Racial Composition of Employees

Chapter XI. General Conclusions and Recommendations
Independence
Military Forces
Constitutional Guarantees
Ombudsman
Anti-Discrimination Legislation
Education in Civics
Co-operation and Responsibility
Economic Advancement

APPENDICES

Appendix I. The International Commission of Jurists (Commission of Inquiry) Ordinance 1965
Appendix II. Press Notice Inviting Memoranda
Appendix III. Individuals and Organisations who submitted Memoranda
Appendix IV. List of Witnesses
Appendix V. Memorandum on the Racial Composition of the Public Service, by G. W. Roberts
Appendix VI. United Nations Declaration on the Elimination of all Forms of Racial Discrimination
Appendix VII. Part I of the Constitution of British Guiana - Fundamental Rights
Appendix VIII. Extract from the Report of Professor S. A. de Smith, Constitutional Commissioner for Mauritius, on "The Ombudsman"

At the request of the Government of British Guiana, the International Commission of Jurists appointed a Commission of Inquiry to investigate and make recommendations in regard to certain problems concerning racial balance in the public services of British Guiana. The members of the Commission of Inquiry were:
Mr. Justice Seamus Henchy, Ireland (Chairman)
Professor Felix Ermacora, Austria
Professor Peter A. Papadatos, Greece.

The terms of reference, which are set out in the Report, were determined by the International Commission of Jurists, which also provided the Registrar to the Commission of Inquiry, Mr. David W. Sagar, a Legal Officer on its staff.

The reasons which determined the International Commission of Jurists to set up a special Commission of Inquiry at the request of the Government of British Guiana were succinctly set out by the Prime Minister, The Hon. L. F. S. Burnham, in his letter to me dated the 6th April 1965, in which he stated:

"My Government has recently been considering the question of racial imbalance in various fields of activity in British Guiana. Our concern has been to determine whether such imbalance as may exist in any particular field can be corrected and, if so, what is the shortest practicable period for such correction. In these deliberations, my Government has been deeply concerned with the need to remove from our society sources of racial disharmony and to promote the right of each individual, whatever his ethnic origin, to have an equal opportunity to play a meaningful part in the life of the community. This right is already guaranteed to every citizen by the Constitution of British Guiana, but my Government considers it desirable that it should take the initiative in sponsoring an impartial inquiry into the question of racial imbalance in all significant areas of Governmental activity and all other relevant areas of public life in which racial imbalance may be harmful to the welfare of the community and to the public's interest generally.

"It is our earnest desire that this appraisal of racial imbalance should be carried out with the utmost detachment and impartiality. With this in view, we can conceive of no organization or agency more suitable to the task than the International Commission of Jurists, and it is the purpose of this letter to invite the Commission to undertake this function. As British Guiana moves forward to independence there is perhaps no greater need than to relieve the racial anxieties within our society, and the International Commission of Jurists would render a major service to British Guiana in this respect were it to accept this invitation."

It is the hope of the International Commission of Jurists that this Report will assist in relieving racial anxieties within British Guiana and that the recommendations of the Commission of Inquiry will be of assistance to the country, not only as it moves forward to independence but also in its ultimate political, social, and economic development as an independent nation. If this hope is realised, the members of the Commission of Inquiry and the International Commission of Jurists will feel that their work has been adequately rewarded.

The International Commission of Jurists is indebted to the Governments of British Guiana and of the United Kingdom, as well as to all those who assisted the Commission of Inquiry in its difficult Work, for their assistance and co-operation.

The International Commission of Jurists wishes to express in particular its thanks to Mr. Justice Henchy, Professor Ermacora and Professor Papadatos for their willingness to undertake this Inquiry and for the care and trouble which they took in the preparation of their Report.

This is the first Inquiry of this nature which has been conducted into the problems of public administration in a multi-racial society. It is hoped that the Report may set a useful pattern for the solution of such problems wherever they may arise.

As is pointed out in the Report, full economic development that would ensure greater employment opportunities and an increased national income is an important concurrent factor to any legal or administrative action that may be taken. The fact that the Government of British Guiana has taken the constructive initiative of seeking independent advice on the problems which are the subject matter of this Report will, I trust, inspire confidence among nations and international institutions which could provide technical and financial assistance for the rapid and full development of the country's economy.

SEAN MACBRIDE
Secretary-General

*

PERSONNEL OF COMMISSION OF INQUIRY

Mr. Justice Seamus Henchy (Chairman):

Irish. Born 1917. In addition to holding a degree of Barrister-at-Law, also holds an M.A., LL.B., and is a Doctor of Philosophy. Called to the Irish Bar in 1942 and to the Inner Bar in 1959. Was in active practice at the Irish Bar until his appointment to the Bench in 1962. Held the chair of Jurisprudence, Legal History and Roman Law in University College, Dublin, from 1948 to 1962. In 1962 was appointed a Judge of the High Court of Ireland. Mr. Justice Henchy has acted as Chairman of the Commission on Labour Problems in the Irish Transport Industry. He is currently Chairman of a Commission on Mental Illness.

Professor Felix Ermacora:

Austrian. Born 1923. Studied Law and Political Science at the Universities of Innsbruck and Paris. Appointed Magistrate in the Austrian Federal Chancellery in 1952. Professor of Public Law, University of Innsbruck (1957-1964), University of Vienna (since 1964). Member of the European Commission on Human Rights (since 1958). Austrian Representative on the Human Rights Commission of the United Nations (since 1960). Special Legal Adviser to the Austrian Government on Minority Questions. Member of the Commission of Inquiry established by the International Commission of Jurists in regard to Bizerta (1961). Author of a number of works on problems of Human Rights and the protection of Minorities.

Professor Peter A. Papadatos:

Greek. Born 1924. Studied Law in Athens, Geneva, Paris and Heidelberg Universities. Doctorate in Law, University of Geneva. Associate Professor of Law, University of Athens. Special Legal Adviser to Royal Hellenic Ministry of Co-ordination (codification of legislation). Member of Committees on legal reforms in Greece. Observer for the International Commission of Jurists at the Eichman trial in Israel and Special Representative of the International Commission of Jurists in connection with Angola. Professor Papadatos has published several works on legal and sociological questions.

Mr. David William Sagar:

Australian. Born 1935. Degree of Bachelor of Laws (University of Sydney). Admitted to practice as Solicitor of the Supreme Court of New South Wales in 1960. Legal Officer of the International Commission of Jurists.

Note: Mr. Sean MacBride, S.C., Secretary-General of the International Commission of Jurists, visited Georgetown following upon the request of the Government of British Guiana to appoint a Commission of Inquiry. In the course of his visit Mr. MacBride met the Prime Minister and members of the Government as well as Dr. Cheddi Jagan, the Leader of the Opposition. He also met the Chief Justice, the President of the Bar Council and representatives of the Trades Union Council.

*

LETTER FROM THE SECRETARY-GENERAL OF THE
INTERNATIONAL COMMISSION OF JURISTS TO THE PRIME MINISTER OF BRITISH GUIANA

30th September, 1965

The Hon. L. F. S. Burnham
Prime Minister
Office of the Premier
Public Buildings
Georgetown, British Guiana

Dear Prime Minister,

I have the honour to present herewith to Your Excellency the Report of the British Guiana Commission of Inquiry which was set up by the International Commission of Jurists after consideration of Your Excellency's letter of the 6th April, 1965.

The Commission of Inquiry was constituted in June 1965 and transmitted its Report to me on the 27th of September, 1965. The terms of reference were decided upon by the International Commission of Jurists. The Commission of Inquiry was autonomous and the Report sets forth its own views and recommendations.

I sincerely trust that the Report will be of assistance in the evolution of the independent State of Guiana.

I should like to take this opportunity to express on behalf of the Commission of Inquiry, of our staff and of myself, our deep appreciation of the assistance and many courtesies which we received from the Government and the people of British Guiana.

I have the honour to remain, Excellency,

Yours respectfully and sincerely,

SEAN MACBRIDE
Secretary-General

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1. In June 1965, this Commission of Inquiry was set up to examine and report on certain aspects of public life in British Guiana. Our terms of reference were declared to be as follows:

"To examine the balance between the races in the Security Forces, the Civil Service, Government agencies or undertakings (including land settlement schemes) and other areas of Governmental responsibility; to consider whether existing procedures relating to the selection, appointment, promotion, dismissal and conditions of service of personnel are such as to encourage or lead to racial discrimination in the areas concerned; to make such recommendations as are considered necessary to correct any such procedures with a view to the elimination of imbalance based on racial discrimination having regard to the need to maintain the efficiency of the services concerned and the public interest."

2. We held our first meeting at Geneva on June 26-27, 1965, at which we received extensive background information on the historical, social, economic, political and demographic development of the country up to the present time. Numerous preliminary matters were discussed and procedures were settled for the conduct of the Inquiry in British Guiana. The Registrar of the Commission arrived in Georgetown on July 15, 1965, and was responsible for all administrative arrangements. We arrived in Georgetown on August 4, 1965.

3. On July 30, 1965, an Ordinance was enacted by the Legislature of British Guiana which conferred upon the Commission of Inquiry the powers of the Supreme Court of British Guiana to summon witnesses, to examine witnesses on oath, and to call for production of books and documents. This Ordinance, which was enacted to facilitate the Commission of Inquiry in its investigations, is reproduced in Appendix I.

4. The procedures which we adopted for the conduct of the Inquiry and for the obtaining of evidence are set forth as follows:

(a) During July 1965, a notice was published in each of the principal newspapers in Georgetown inviting interested individuals or groups to tender written memoranda setting forth their views on the matters within the terms of reference. The form of this notice is contained in Appendix II. In response to this notice, we received memoranda from 65 individuals and 17 organisations. These memoranda expressed the views of a wide variety of people throughout the country. Many of them contained lengthy analyses of the historical and sociological developments of the topics referred to in the terms of reference, and many suggested recommendations of the kind called for by the terms of reference. Whilst some memoranda strayed from matters relevant to the Inquiry, practically all of them made some valuable contribution towards one or more of the various subject matters that were investigated. The names of the persons and groups who submitted memoranda are set forth in Appendix III. In addition to these memoranda there was a comprehensive Government memorandum in five parts. It contained extensive information as to the balance between the races in the various departments and organizations under investigation, and details of the written procedures for appointment, selection, promotion, dismissal and conditions of service. It also provided much historical information relating to the participation of the respective races in Governmental activities and recommendations relevant thereto. All these memoranda made a most valuable contribution and helped us to make the best use of the limited time at our disposal in this Inquiry.

(b) All public sessions of the Commission of Inquiry were held at Bishop's High School in Georgetown. We did not take any evidence on oath nor did we compel any witnesses to attend and give evidence. The nature of this Inquiry called not only for evidence as to facts but for opinions and recommendations, which we felt might be better obtained informally and not under oath. We decided therefore that the powers conferred upon us by the Ordinance referred to above would only be used if issues of fact arose from a conflict in the evidence which it would have been necessary or desirable to resolve by testimony under oath. No such issues of fact arose during the Inquiry.

(c) We intended at the outset to conduct our hearings in public. At the commencement of the Inquiry, however, we received representations from many people stating that they wished to give their evidence in private. So as not to be deprived of any representations that might be of value, we decided to give a hearing in private to anybody who so requested. Accordingly, we held a number of sessions in private. We also received valuable assistance from representations and expressions of opinion made in the course of innumerable informal interviews and discussions with people from all races and all walks of life and from different parts of the country.

5. We held our first public session on August 5, 1965. After a formal opening of the Inquiry, the Attorney-General addressed us for two days on behalf of the Government of British Guiana. We held public and private sessions on 12 days and our final public session was held on August 20, 1965. During the course of the Inquiry we received evidence or submissions, in public or private sessions, from the Attorney-General, from numerous public organizations, from holders of public offices, from private organizations and groups, and from many individuals. Many of these groups and individuals gave evidence in support of memoranda which they had previously submitted, whilst others gave evidence without having submitted a memorandum. The names of those persons and organizations who gave evidence at formal sittings of the Commission are set forth in Appendix IV.

6. In the course of our investigations we visited many parts of the country, including areas respectively inhabited primarily by East Indians, by Africans, by Amerindians, and by persons of different races. We were shown land settlement schemes, sugar factories and rice plantations. During these visits we had an opportunity of speaking with people engaged in various pursuits. We saw at first hand the conditions of life of many sections of the community. At Lusignan and other places we saw and were told of the problems of persons displaced by the recent disturbances. We also had numerous discussions with representatives of Local Authorities and with District Commissioners. In Georgetown we met people from many walks of life. Our meetings with these people and the expressions of opinion and views furnished to us gave us valuable help in reaching the conclusions that we have made. By the completion of the Inquiry we felt certain that the material that we had gathered from these various sources reflected all shades of racial and political opinion throughout the country.

7. The evidence we received from political Parties included written memoranda and oral submissions on behalf of the Government and the United Force. The People's Progressive Party indicated well before our arrival that it would boycott the Commission of Inquiry. Following the announcement of the terms of reference in June 1965, the Party issued a press statement declaring its dissatisfaction with the terms of reference, in the course of which it said the following:

"...More particularly, the P.P.P. declares that it is strongly opposed to the terms of reference of the I.C.J. team which were obviously drawn to sidetrack the core of issue as to imbalance. The Commission's terms of reference relate to a probe into the procedures for selection, appointment, promotion and dismissal in the service and 'to make such recommendations to correct any such procedure with a view to the elimination of imbalance based on racial discrimination'. The procedures for selection, etc., to the services have not been called in question as being pivotal issue in this matter. The issue is that there is an imbalance in the most important of all services - the security and police services. This was admitted by the Colonial Office. The issue therefore is how to correct it. To narrow investigation and recommendation to procedure is an attempt to side-track the vital issue. It is a retraction of the undertaking given by the Colonial Office to the previous Government. It is purely an attempt at window-dressing in which, it is regretted, an international body is being misused."

A written invitation was extended to Dr. Cheddi Jagan, Leader of the Party and of the Opposition, to attend at either a public or private sitting of the Commission and to make any submissions he might wish relating to the subject matter of the Inquiry. This invitation was declined. We are of the opinion that the failure on the part of the People's Progressive Party to submit a written memorandum or present oral evidence did not deprive us of any material or expression of opinion which it was desirable or essential to have for a complete investigation of the matters under inquiry. In particular, it did not deprive us of the opinions of a cross-section of the Indian population from which the People's Progressive Party draws its main support. We received evidence, in public or in private, from a number of Indian organizations and from many individuals. The Mirror, which is the Party's newspaper, carried a number of articles which set forth the Party's views on the topics we were investigating. We were also referred by this source to material which the Party considered to be relevant to the Inquiry. We investigated such material and gave full consideration to so much of it as was relevant to the terms of reference.

8. Throughout our stay in British Guiana, both in Georgetown and in the various country areas that we visited, we were received with the utmost kindness and cordiality and every assistance was given to us. We should like to express our sincere gratitude to the many people who showed us such kind hospitality, both in Georgetown and in the country areas that we visited, and to those persons who arranged and assisted in our visits to various places. We are also indebted to the members of the Attorney-General's Department and the Premier's Department and other Government Departments for the valuable part they played in providing us with excellent facilities throughout the course of the Inquiry and who Were always ready to render us every assistance. We were gratified by the extensive public interest shown in the Inquiry. This was reflected in the number of constructive and helpful memoranda that were submitted to us, by the number of persons and groups who gave evidence, and by the fact that the public gallery was full at most of the public sessions of the Commission.

9. This Commission of Inquiry wishes to record its appreciation of the invaluable assistance it received in all its activities from its Registrar, Mr. David Sagar.
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10. For the purpose of making known this Commission's interpretation of the scope of the terms of reference (which have been set out in paragraph 1 of this Report), the Commission issued the following public statement at Georgetown on August 9, 1965:

"For the information of persons tendering evidence or making submissions to this Commission of Inquiry and in order to clear up any misunderstanding on the matter, the Commission wishes to point out that it is charged by its terms of reference with the following matters:

Firstly, an examination of the balance between the races in (a) the security forces, (b) the Civil Service, (c) Government agencies or undertakings (including land settlement schemes), and (d) other areas of Governmental responsibility.

Secondly, an inquiry as to whether existing procedures relating to the selection, promotion, dismissal and conditions of service of persons engaged in these public services encourage or lead to racial discrimination.

Thirdly, a report as to how such procedures should be corrected (having due regard to the need to maintain efficiency and to uphold the public interest), so as to eliminate any imbalance in these services based on racial discrimination.

It will be seen therefore that every kind of imbalance, present or future, in the public services concerned, which has the effect of being harmful to the public interest by operating unfairly against any racial group within the society falls within the scope of the Commission's terms of reference."

11. We interpret the word "balance" in the first part of the terms of reference as meaning only "racial proportions ", i.e. the actual racial structures in the area under inquiry, including a comparison between the numerical participations of the racial groups.

12. (a) For the purpose of giving effect to the second and third parts of the terms of reference it is necessary to define the terms " imbalance" and "racial discrimination ", which are used there. As has been stated by Professor G. W. Roberts in his memorandum on the racial composition of the public service (see Appendix V):

"The term 'imbalance' implies some departure from a standard or norm and presumably, in the present context, its obverse, 'balance', should imply conformity with such a standard or norm. Part of the difficulty surrounding an inquiry of this nature will inevitably centre around the determination of such norms."

The term "imbalance" implies the existence or possible existence of a balance which amounts to a fixed criterion of participation of the different racial groups in the fields concerned, and that such criterion is proportional to the numerical strength of the various racial groups. We are of the opinion that it is neither possible nor desirable to fix such an absolute standard of racial participation. It is not required by the existing Constitution of British Guiana or by international law. We are convinced that any attempt to fix an absolute standard of racial participation in the public services would lead to arbitrary procedures which would, in the long run, retard racial harmony in the community. The only effective interpretation that we find possible to give to the term "imbalance" in part 3 of the terms of reference is that it connotes an unduly high or unduly low numerical participation of any racial group by comparison with the participation of other racial groups. We do not consider that such disproportionate participation is in itself undesirable; but it is necessary to give full weight to the existence or non-existence of such a fact in determining whether or not racial discrimination exists.

12. (b) In defining the term" racial discrimination "we have had regard to its use in a variety of documents. Article 11 of the present Constitution of British Guiana protects persons against disabilities or restrictions on grounds of, inter alia, race. However, the term "racial discrimination" itself is not defined in the Constitution. The fundamental rights guaranteed by Part I of the Constitution, which includes Article 11, are based on the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe. This is turn derives from the Universal Declaration of Human Rights of the United Nations, which is also lacking in a definition of "racial discrimination".

On November 20, 1963, the General Assembly of the United Nations unanimously adopted the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Declaration is reproduced in Appendix VI. This Declaration does not contain any definition of "racial discrimination ". However, on March 13, 1964, the United Nations Commission on Human Rights adopted a Draft International Convention on the Elimination of All Forms of Racial Discrimination, and this Draft Convention does define the term. The definition, which is contained in Article I of the Draft Convention, is as follows:

"In this Convention the term 'racial discrimination' shall mean any distinction, exclusion, restriction or preference based on race, colour, (national) or ethnic. origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. (In this paragraph the expression 'national origin' does not cover the status of any person as a citizen of a given State.)"

Article 5 of the Draft Convention and also Article 6 of Resolution No. 1904 of the General Assembly (XVIII) treat the right of equal access to public service of a country as a political right.[1]

This Commission of Inquiry interprets and applies the term "racial discrimination" as it has been defined above. It is to be noted that this definition makes no reference to the necessity to maintain the efficiency of the public services or to the public interest, but by reason of the references to these matters in the terms of reference we have had regard to them in making our recommendations. It is also to be noted that a finding of the existence of racial discrimination does not necessarily imply the existence of any conduct deliberately aimed at producing racial discrimination. It is sufficient to justify such a finding if any procedure has that effect.

13. The expression "other areas of Governmental responsibility" is wide enough to cover, not alone official Government services, agencies and undertakings, but also the manifold activities in which the Government assumes or is entitled by law to assume some responsibility. It would obviously be impossible to investigate all of these, but in any case no complaints were received in respect of any Governmental activity other than those dealt with in this Report.

[Note]:
1. See also United Nations studies on Discrimination Questions: (a) The Study of the Secretary-General-The Main Types and Causes of Discrimination - Sales Nr. 1949 XIV/3; (b) H. S. Cruz, Study of Discrimination in the Matter of Political Rights, Sales Nr. 63.XIV/2; (c) The General Assembly Resolution and Declaration on the Granting of Independence to Colonial Countries and Peoples, of December 14, 1960; (d) The ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation.
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14. Any investigation of the present-day disposition of the various racial groups in British Guiana must take full cognizance of the many factors which make up the background of the picture presented by a. portrayal of the community in terms of its racial components.

15. The early European settlers of the area now known as British Guiana found an indigenous population - now called Amerindians - who were of little help to the colonists, whose primary concern was the successful cultivation of their plantations. For this they needed an adequate and settled labour force. The Amerindians had neither the physical stature nor the mental aptitude for the life of a plantation labourer; they preferred to pursue their traditional tribal, semi-nomadic way of life. They have continued to this day to occupy a minor role in the life of British Guiana, living for the most part in the interior, away from the centres of power and turmoil. We found no evidence of racial discrimination against them. On the contrary, Article 11 of the present Constitution of British Guiana, recognizing their weak and exploitable condition, envisages and permits official action which amounts to racial discrimination in their favour. The present official treatment of Amerindians is humane and enlightened; but much more requires to be done. They will require to be educated, both academically and in agricultural and other skills, in their native areas for a considerable time before they can be fully integrated into the life of the community. It is to be hoped that such security as they now enjoy will not be diminished by any constitutional changes.

16. To fill the need for labour, the colonists turned to the African slave market. Large numbers of slaves were imported, largely from West Africa, and it was this labour force that made possible the development of the fertile coastal area. The slave trade was not abolished until 1807 and slavery itself did not disappear until 1838. It was the influx of slaves in large numbers that established the plantation as the economic basis of colonial society in British Guiana. The Negro or Afro-Guianese element in the present-day population of British Guiana stems almost entirely from these slaves; for brevity we refer to them as Africans.

17. Upon the abolition of slavery, the invariable desire of the freed slaves was to leave the plantations on which they had worked as slaves and to establish themselves in village communities where they exercised their agricultural skills. Between 1838 and 1852 many African villages were established in which the former African slaves became small land-holders whose subsistence depended on the wages they earned on the sugar plantations. But the flight from the plantations had created a fresh labour crisis.

18. To remedy the labour difficulties, a series of immigration schemes was introduced. The basis of these schemes was that the immigrants were bound by indenture to work on the plantations for a wage, and at the end of the period of indenture there was the hope of returning home with their savings. Apart from the fact that they were earning wages and could entertain the hope of an end to their peonage, their conditions were not very different from those of the slaves they had replaced.

19. The first indentured immigrants were predominantly of European stock, mainly Portuguese from the island of Madeira. Few of these Portuguese proved suited to the life of a plantation labourer. Tropical diseases took a heavy toll; some returned home at the end of the period of indenture; while those who remained on moved mainly into the retail trades and quickly made their mark. For the most part, the Portuguese element in today's population is descended from these Portuguese immigrants from Madeira. The estimated number of Portuguese in British Guiana on December 31, 1964, was 6,380. Although the Portuguese have suffered from discriminatory treatment in the past, no complaint was addressed to us of any discrimination against them in the recent past or at present.

20. The indentured immigrants of European stock having failed to supply the labour needed on the plantations, an effort was made to fill the want by indenturing immigrants from China. They also failed to adapt themselves to plantation life. Some sickened and died, some returned home when their indentures were up, and most of those who remained on moved in time into business or the professions or the Civil Service. Nearly all the Chinese in British Guiana today (an estimated 3,910 on December 31, 1964), are descended from these early immigrants. We heard no complaint of racial discrimination against them in the areas covered by our terms of reference.

21. Indentured immigration from India commenced in 1838 and was part of a larger scheme of migration to areas such as Fiji, Mauritius, South Africa and Trinidad. A system of recruitment was built up in India and there was a fairly steady inflow of Indian immigrants up to 1917, when British Guiana ceased to be an importer of indentured labour. Between 1838 and 1917, 238,960 contract immigrants arrived from India; of these 75,547 were repatriated on official repatriation schemes between 1843 and 1949. The Indians were the most successful and substantial body of immigrants on the plantations, and they are the foundation of the present Indian population of British Guiana. In official statistics and elsewhere they are sometimes described as "East Indians" to distinguish them from the American Indians or Amerindians. In this re ort we commonly refer to them as "Indians ".

22. The position of the Indian immigrants in British Guiana in the nineteenth century has been summed up as follows (Smith, British Guiana, p. 47):

"No real 'problem' of integrating East Indians into the developing Guianese creole society arose during the nineteenth century. For the most part they were segregated on the plantations where they lived either in old slave "logies" or in new but almost equally cramped barrack blocks. The proportion of women introduced was usually low, which gave rise to a certain instability in family life, and many immigrants took advantage of the guaranteed return passage at the end of their contract so that there was a good deal of coming and going. Christian missions to the Indians made relatively little headway and the planters encouraged the retention of Hinduism and Islam by helping with the building of mosques and temples. Indian children were rarely sent to school; the parents preferred them to go to work as soon as possible and the planters were only too pleased to have the extra labour."

The tendency of the Indians was to stay aloof from the society about them. Thus, while the Africans after emancipation took a leading part in the development of the new creole society, the Indians lived apart as transients in an alien land.

23. The Indian way of life in British Guiana has to date been predominantly agricultural. For the most part the Indians have lived on the sugar estates or in villages close to the estates or on rice farms. On the other hand, the Africans, the "Mixed" or "Coloured", the Portuguese, the Chinese and the Europeans or Whites have predominated in the towns.

24. Consequent on the abolition of slavery, the Africans, whenever possible, turned their backs on plantation life. Education in the mission schools provided them with the means of improving their social and economic standing, while the growth of public services on central and local levels gave them opportunities of new careers. As the English tended to withdraw from the colony - mainly because of the decline of the sugar industry - and as the activities of the central government spread, the Africans moved gradually into new ways of life: the Civil Service, the police, the teaching profession, medicine, skilled trades, etc. Meanwhile, the Indians remained agricultural and uneducated, alien and socially disinterested.

25. Different reasons have been advanced for the tardiness of the Indian community in seeking to overtake the Africans into the middle class way of life. Social historians have suggested that they subordinated a desire for success in British Guiana to an expectation of returning to India; that they scorned mission-school education as a menace to their religious beliefs and social standards; that their large families encouraged juvenile marriages and child labour; that they preferred the economic challenge of being self-employed to earning a wage or salary; that they did not possess the physical qualifications for certain occupations, such as the police; that it was the policy of the planter-colonial oligarchy to keep the Indians backward, agricultural and uneducated so as to ensure a supply of agricultural labour for the sugar and rice industries. Whatever be the correct priority of reasons, the fact remains that up to a few decades ago the Indians constituted an extensive, uneducated and economically depressed section of the community.

26. Notwithstanding the steady advancement of the Africans while the growing Indian population remained in a state of comparative social and economic stagnation, the two racial groups lived together in harmony, due no doubt in part to the habit of common preoccupation with the traditional aspects of colonial rule. The end of the Second World War, however, was to herald a series of changes which have radically affected the social, political and economic life of British Guiana.

27. In 1945 there was begun the spectacularly successful campaign for the control of malaria by D.D.T. The resulting fall in the death rate and increase in the population have been most marked in the case of the fertile Indians. Between 1946 and 1964 the Indian population jumped from 163,000 to 320,000, while the African increase was from 143,000 to 200,000. In 1947 India obtained her independence, and in 1950 Pandit Nehru declared that Indians domiciled overseas should no longer look to India as their homeland, but should give their primary allegiance to the land of their domicile. In British Guiana, as in British overseas possessions the world over, the possibility of independence began to be canvassed, and nationalistic politics began to ferment in the colony. The other racial groups became aware of a quickened and more widespread participation by Indians in all aspects of life in British Guiana.

28. It may be said that the existence of a "racial problem" in British Guiana came to be noticed as a political factor about the year 1950. By then some Africans had begun to fear that if the Indian economic and social progress continued it would menace the advancement they had made. The Indians, on the other hand, felt that their newly-found desire to enter public services, such as the Civil Service and the police, was being thwarted by the fact that the Africans were already predominant in those services and that the conditions of entry were restrictive or discriminatory. These fears have to be viewed against the background of an economy which was not sufficiently buoyant or expansionist to allay fears of economic insecurity.

29. The British Guiana Constitution Report of 1951 (The Waddington Report) had this to say of the racial situation at that time:

"Indian aloofness has now given place to a realization of their permanent place in Guianese life and to a demand for equal participation in it. This claim, reinforced by their growing literacy, leads them to compete for positions which they have not hitherto sought. This challenge from an able and energetic people has stimulated the other races into closing their ranks. Race is a patent difference and is a powerful slogan ready to the hand of unscrupulous men who can use it as a stepping stone to political power. Race, too, is easily identifiable with nationalism, which in recent years has been emergent among all colonial peoples. For the Indian peoples, moreover, it has received a particular stimulus from the advent of independence to the Indian sub-continent. The Indians, too, derive from an ancient culture of their own, and some among them may be inclined to pay homage to their heritage merely as a cover under which to condone racial attitudes. None deprecates this more strongly than the Government of India which has formally declared that those of Indian race who have settled permanently in an overseas territory owe to it their main allegiance. Pandit Nehru himself has said that Indians must make their choice between Indian and local nationality, and that 'they cannot enjoy the privileges of both nationalities'. If Indians seek a free and equal participation in the life of British Guiana, it is manifestly wrong that they should look continually over their shoulders towards a Mother Country with which their present life and polity has little contact.

"We do not, however, wish it to be thought that life in British Guiana is dominated by racial tension, or that there are not many heartening signs of the development of a genuine Guianese outlook. Racialism has its roots in economic fear, although a system of government under which political life carries prestige rather than responsibility may have stimulated its growth. We were, however, impressed by the amity with which peoples of all races live side by side in the villages, where mutual dependence is, of necessity, recognized. It was reassuring to find that racialism spoke with a hesitant voice in public, and that virtually no proposals for communal representation were made to us. Communalism is too often the confession of a failure to live together in mutual respect and gives rise to greater problems than those it seeks to compose ".

30. The British Guiana Constitution Report of 1954 (the Robertson Report) formed a more pessimistic impression of the racial antagonisms which it saw developing between the Africans and the Indians. It reported as follows:

"Guianese of African extraction were not afraid to tell us that many Indians in British Guiana looked forward to the day when British Guiana would be a part not of the British Commonwealth but of an East Indian Empire. The result has been a tendency for racial tension to increase, and we have reluctantly reached the conclusion that the amity 'with which', as the Waddington Report said, 'people of all races live, side by side in the villages' existed more in the past; today the relationships are strained; they present an outward appearance which masks feelings of suspicion and distrust. We do not altogether share the confidence of the Waddington Commission that a comprehensive loyalty to British Guiana can be stimulated among peoples of such diverse origins. There is little evidence of any coalescing process of inter-marriage between the Indian and African components of the population."

31. The People's Progressive Party (P.P.P.) was founded in 1950, with Mr. Burnham as Chairman, Dr. Jagan as Leader, and Mrs. Jagan as Secretary. It described itself as a broad, democratic alliance of socialists, communists and native capitalists. It appealed to no single racial group, and before long it had established a multi-racial popularity throughout the country. At the general election in April 1953, it was returned to power, but within six months the British Government suspended the Constitution.

32. In 1955, Mr. Burnham and his supporters broke with the P.P.P. and formed the People's National Congress (P.N.C.). Since then, the P.P.P. has been a party, led by Dr. Jagan, which has appealed almost exclusively to Indians; while the P.N.C., led by Mr. Burnham, has sought and found its support primarily amongst Africans. The power struggle between these two parties has greatly exacerbated the racial tensions between the Africans and the Indians. Speaking at the end of the British Guiana Conference in London in 1963, Mr. Duncan Sandys, Secretary of State for the Colonies, said:

"There is no deep-rooted or historical enmity between the races; nor is there any basic clash of interests between them; nor is there animosity between the religious groups: Christian, Hindu and Muslim.

"The root of the trouble lies almost entirely in the development of party politics along racial lines. In its present acute form this can be traced to the split in the country's main political party in 1955. It was then that the People's Progressive Party, which had previously drawn its support from both the main races, broke into two bitterly opposed political groups, the one predominantly Indian, led by Dr. Jagan, and the other predominantly African, led by Mr. Burnham. Both parties have, for their political ends, fanned the racial emotions of their followers, with the result that each has come to be regarded as the champion of one race and the enemy of the other.

"In this atmosphere of mutual suspicion objectivity has entirely disappeared. Every political act is, or is alleged to be, dictated by racial prejudice. The Africans accuse the Government Party of governing in the interests only of Indians, and demand a share in political decisions. On the other side, the Indians accuse the Police, which is mainly African, of partiality towards the Africans and demand the creation of a separate defence force, recruited more extensively from the Indian community, to counterbalance the Police."

33. The Constitution was reinstated in 1957, and the P.P.P., having won the elections held in that year, again entered the Executive Council and remained in Government until December 1964, when elections, held for the first time under a system of proportional representation (which was introduced by the British Government), returned to power the present Government which is a coalition of the P.N.C. and the United Force (U.F.). The next step is to be a constitutional conference in London and the fixing of a date for independence.

34. Unhappily, the fears expressed by observers that British Guiana was moving towards a dangerous stage of racialism and communalism have been realized by the events of recent years. 1962 saw political differences degenerate into arson, looting and violence which resulted in five deaths and the destruction of property in Georgetown worth about $1½ million. Only the arrival of British troops restored order. In 1963 there was an eighty day general strike which brought immense loss to the country. It also led to violence, and British troops had once again to be called in. The worst outbreak of violence between the Africans and the Indians took place in 1964. Labour disputes on the sugar plantations developed into widespread racial violence. Over 130 people were killed, thousands were rendered homeless, and there were widespread bombings, arson, looting and violence of various kinds. There is at present an uneasy peace; and British troops are back in the country. The extent of the racial bitterness, and the depths of violence to which it descended, shocked and surprised many people. There have been left as an aftermath feelings of fear and distrust, particularly among the Indians, who suffered most in the disturbances of 1964.

35. This Commission of Inquiry has been called into existence after complaints had been made, mainly by Dr. Jagan and the P.P.P., that there is a racial imbalance in the security forces and in the public services, with consequent racial discrimination. An offer, made in January 1965 by the British Government to appoint a Commission of Inquiry, was rejected by the Premier of British Guiana on the ground that such a Commission would not be consonant with the self-governing status of British Guiana. Having heard or read the submissions and opinions of representatives of all sections of the community, we find that the complaint is basically an Indian one, namely, that Africans have been and are excessively represented in the security forces and other public services, and that this has resulted in racial discrimination against Indians. This is the problem that is investigated in more specific detail in the succeeding chapters of this Report.

36. Recently, the P.P.P. has said that the imbalance and discrimination complained of are political and not racial. This seems to be a distinction of little importance at present, since Africans almost invariably give their political allegiance to the P.N.C. and Indians to the P.P.P. While that unfortunate identity of political and racial cleavage exists, it would be of little point to seek to discover whether Indian grievances are basically racial or political in origin. It is more important to discover whether or not they encourage or lead to racial discrimination.

37. The problems we have sought to elucidate in this investigation have had to be considered in the light of the historical, economic, political, constitutional, social and demographic factors. For these, we have drawn on many sources, written and oral. In particular, we have received valuable assistance from a memorandum on the racial composition of British Guiana's public service prepared by Professor G. W. Roberts, who holds the Chair of Demography in the Department of Sociology in the University of the West Indies in Jamaica, which was presented as part of the submissions of the Government of British Guiana. It is reproduced in Appendix V, together with correspondence explaining its compilation.

38. The tabular statistics at the end of the chapters are from those presented by the Government of British Guiana from official sources (unless where otherwise stated). Subject to the difficulties of clear definition of racial identity in a multi-racial society in which some miscegenation has always taken place, they have been put forward as accurate compilations.

TABLE I

Racial Distribution of the Population in 1946 and 1960

* In the 1946 Census this group was described as "Portuguese" and "Other European".
** In the 1946 Census this group was included in "Other".

TABLE II

Racial Distribution of the Population on 31st December, 1964 (Provisional)
* In official statistics Portuguese are classified as a separate ethnic group

TABLE III

The Racial Percentages in the Security Forces, the Civil Service, Government Agencies and Undertakings and Areas of Government Responsibility
* Includes Amerindians
** Includes Portuguese

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39. The security forces of British Guiana consist of the Police Force, including the Special and Rural Constabularies and the Supernumerary Police, the British Guiana Volunteer Force and the Special Service Unit. The racial composition of these Forces is set out in Table IV at the end of this Chapter.

The Police Force

(a) Historical Development

40. The history of the Police Force is described in W. A. Orrett's The History of the British Guiana Police Force, published in 1951. It was established by an Ordinance of June 11, 1839, entitled "An Ordinance to Establish an Effective System of Police within British Guiana". Among the various modifications of the laws governing the Police Force the most important is the Ordinance of 1891 by which the Force was converted into a semi-military force forming part of the defence forces of the country; this provision has been modified by the legislation now in force.

(b) Legal Basis and Function

41. The Police Force is at present governed by the Police Ordinance 1957 (Ordinance No. 39 of 1957, referred to in this Chapter as "The Ordinance"). By Section 3 (2) of the Ordinance the objects of the Force are:

"The prevention and detection of crime, the preservation of law and order, the preservation of the peace, the repression of internal disturbance, the protection of property, the apprehension of offenders and the due enforcement of all laws with which it is directly charged."

The same Section requires it in addition to:
"perform such military duties within British Guiana as may be required of it by or under the authority of the Governor."

(c) The Police Service Commission and the Police Federation

42. The Police Service Commission is an independent body established under the Constitution, the relevant Articles being Arts. 99 to 104. It consists of a Chairman, the Commissioner of Police and such other members, being not more than three, as the Governor may decide. The members of the Commission other than the Commissioner of Police are appointed by the Governor after consultation with the Premier. As at present constituted, the Police Service Commission consists of two Europeans, one African and two Indians.

At present the Police Service Commission's powers are limited to making recommendations to the Governor on the appointment, dismissal and disciplining of senior police officers, on the determination of appeals from the Commissioner of Police, and in respect of training. It is, however, intended that it will in due course become directly responsible for the appointment and disciplinary control of the senior personnel of the Force. It is assisted by a Secretariat which is the same as that for the Public Service Commission.

We are of the opinion that the Police Service Commission fulfils its constitutional duties with complete objectivity.

43. The Police Federation was founded in 1950 by Section 66 of the Police Ordinance then in force for the purpose of representing the interests of the lower ranks of the Police Force. It is now governed by Section 50 of the Ordinance. It has no power to make representations in relation to any matter of discipline, promotion, transfer or leave, or any other matter affecting individuals; therefore its activities can be left out of our investigations.

(d) Racial Composition of the Police Force

44. Statistics relevant to the racial composition of the Police Force are shown by Tables V and VI.

45. Prior to 1960, no effort was made to recruit entrants to the Force on a racial basis and applicants were accepted solely on a competitive basis. Until this time the number of Indian applicants was small in comparison with those of African origin, and consequently the overall racial distribution of the Force was approximately 80% Africans and 20% other ethnic groups. Until this stage this practice appears to have been accepted by the community at large; no allegations were made that members of the Force were either too forceful in carrying out their duties in relation to particular racial groups, or too sympathetic in their approach to the racial group most widely represented in the Force. It was accepted that the African liked the disciplined way of life offered by service in the Force and, conversely, the Indian preferred other forms of occupation that were perhaps less regimented.

46. As a result of decisions made by the Police Council (a high-level Governmental body concerned with the provision, maintenance and administration of the Force) an effort was made during 1960 to encourage young men from all racial groups to join the Force, and to this end a recruiting campaign was conducted. This effort had some measure of success, and during the period January 15, 1960, to August 5, 1961, a total of 251 recruits joined the Force, 77 of whom were other than African, i.e. 30%.

47. In 1961, a more positive effort was made on the direction of the then Minister of Home Affairs to improve the percentage of racial groups other than African, and it was decided that all recruitment into the Force, would be on the basis of 50% Africans and 50% other racial groups. This policy has been maintained to date, and since November 1, 1961, out of a total of 294 recruits entering the Force 142 have been of racial origin other than African. The discrepancy of 10 is accounted for by the recruitment of specialists such as mechanics, bandsmen and others to whom the 50/50 principle cannot always be applied.

(e) Recruitment

48. Recruits are taken into the Force at two levels:
(i) Constable
(ii) Cadet Officer

(i) Recruit Constables

49. The power to make appointments to the Force below the rank of Inspector is vested in the Commissioner. Selection for recruitment into the Force is therefore a matter for the Commissioner, but certain general criteria for selection have been established. Applicants to the Force must be of good character, free of criminal convictions, physically fit and not deformed, and should meet the following requirements:

Males
Height               5' 8"
Weight              135 lbs
Chest                34"
Age                  18-25 years
Unmarried

Females
Height               5' 4"
Age                  18-30 years
Unmarried

Should an applicant be below the required physical standard, he or she may nevertheless be considered for selection if in possession of educational qualifications above the average or if qualified vocationally, e.g. as shorthand/typist, driver/mechanic, launch engineer or captain. Applicants for recruitment apply in their own handwriting and are interviewed throughout the country by officers on the spot designated by the officer responsible for recruitment - the Assistant Commissioner (Training and Operations). This interview is confined to recording his particulars, checking his qualifications and examining two written testimonials from persons of standing who know the character and background of the applicant. If he is considered suitable, the applicant is written to two or three weeks later by the Education Department asking him to attend a written examination. This is set by the Education Department and consists of two papers in Arithmetic, two papers in English and one in General Knowledge. A 60% pass in this examination is required. The examination papers are then marked by the Department of Education, and the Commissioner of Police is informed of the results. The process of marking takes, on an average, about six weeks and sometimes more. It should be noted that prior to late 1963, this examination was set and marked by the Police; no simultaneous examination was held, and different examination papers were used for different areas. Since 1964, when the responsibility for setting and marking these examination papers passed to the Education Department, a simultaneous examination is held in all parts of the country using the same set of papers.

The successful candidate is then asked to attend the Police Training School before a Board of Police Officers for an interview about two weeks later. The Board consists of the Deputy Commissioner, the Assistant Commissioner (Administration) and the Commandant of the Police Training School. At present two of these three officers are African and the other (Deputy Commissioner) is a Guianese of mixed parentage. If he surmounts this hurdle, the candidate is asked to attend a medical examination about two weeks later. The results of this (X-ray and blood tests) are made known to Police Headquarters after approximately another two weeks, and if satisfactory, he is then instructed to report to the Police Training School in Georgetown to commence training.

The result of these procedures is that

(1) the system for processing applications to join the Force as Constable can take as long as four months;
(2) at present the interviewers before whom he appears are almost exclusively African police officers; and
(3) recruitment is normally confined to unmarried men.

(ii) Cadet Officers

50. Applicants for direct entry into the Force at the level of Cadet Officer are required to be Guianese between 20 and 25 years of age and to possess passes in five G.C.E. "O" level subjects of which one must be English, and to have taken and passed three of these subjects at one sitting. They are selected by the Police Service Commission and undergo training in the United Kingdom for about six months. On return to the Force they serve for a further eighteen months on probation before being confirmed as Cadet Officers, and then for a further two years on probation before being confirmed as Assistant Superintendents.

This system was introduced in December, 1957, and between then and 1961, when the 50/50 principle for the recruitment of Constables as between Africans and others was introduced, one mixed and two African Cadets were recruited. Since 1961, three Africans and one Indian have been recruited.

(f) Promotion

51. Responsibility for promotion to the ranks of Corporal and Sergeant rests with the Commissioner of Police. In the case of promotion to Corporal, the qualifications are:

(i) a minimum of four years service;
(ii) a pass in a written qualifying examination set and marked by the Commandant of the Police Training School.

The names of Constables who possess these qualifications and who are considered to be fit for advancement to the rank of Corporal are submitted by Divisional Commanders to the Commissioner. In addition, the names of any Constables who have fifteen years service or over but who have not passed the qualifying examination may also be submitted. These men then attend an "extended interview" at the Police Training School which lasts for five days at the end of which they are assessed and graded by a Selection Board normally consisting of the Deputy Commissioner, the Assistant Commissioner (Administration), the Assistant Commissioner (Crime), the Headquarters Staff Officer, the Commandant of the Training School and one other officer.

52. In the case of promotion to Sergeant, candidates are merely required to be successful in the five-day "extended interview" at the Training School, and before the same Selection Board as in the case of promotion to Corporal, and recommendations as to who should attend the interview are put up to the Commissioner by Divisional Commanders.

53. Promotion to the rank of Inspector and above is the responsibility of the Governor acting on the advice of the Police Service Commission.

(g) Training

54. The methods of training are as follows:

(i) Recruit Training: In the case of Constables this is done at the Police Training School and consists of six months at the School, fifteen months in the field and a final two months at the School. For the training of Cadet Officers see para. 50.
(ii) Promotion Training: This is limited to the "extended interview" for Corporals and Sergeants referred to in paras. 51 and 52.
(iii) Refresher Training: No provision for systematic refresher training exists at present.
(iv) Training Facilities: We received evidence that the capacity of the existing Training School is too small, and has inadequate training facilities.

(h) Method of Selection of Officers for Training Overseas

55. Statistics provided by the Government show that between 1953 and 1964 seventy-one African officers were selected for and sent on training courses overseas, compared with eleven Indians and five "others". The selection of officers for overseas training is made in the first instance by the Commissioner of Police, advised by his senior headquarters staff; the names of those selected are then passed to the Police Service Commission for final approval. There is no statutory Selection Board and selection is made by the Commissioner on an officer's personal record. The candidates are not personally interviewed.

(i) Conditions of Service

56. In a large number of stations office accommodation is inadequate. In many cases the officer in charge and his subordinate staff, such as investigating officers, occupy one room only, to which members of the public also come with any business they wish to transact. The result is that in these cramped conditions the police cannot perform their duties as they should, nor can the public be treated by the police as they should be.

57. Living accommodation for the unmarried Constable is generally adequate, and the barrack rooms in which the men live are large and airy. Although of wooden construction they are in a reasonably sound condition, but their appearance could be improved. These remarks also apply to most of the office accommodation.

58. In the two vital spheres of transport and signals, some stations which should be provided with a vehicle or more than one vehicle do not have them at all, and the availability of efficient wireless equipment properly installed and maintained is limited. Our impression is that the mobility (transport) of the Force and its communications (wireless) require immediate examination with a view to improvement and expansion. A modern force "lives" by good communications, i.e. by its ability to move quickly and reliably in the necessary numbers, and by its ability to pass information speedily and safely.

59. The last salary revision was made in 1961 as part of a revision for the whole of the Government Service. While the bachelor Constable may not be too badly off today, it is unlikely that a married man with a family is able to save anything out of his monthly salary. We were informed that the recent adjustment of the basic wage for all workers in British Guiana puts an unskilled labourer (who may be employed, for example, on cutting the grass and cleaning drains in a police station compound) on a pay not very different from that of a Constable at the bottom of the salary scale for this rank. This is highly undesirable for obvious reasons, even when allowance is made for the free quarters and uniform which the Constable enjoys.

(j) Dismissal

60. By Article 103 of the Constitution, and Section 34 of the Ordinance, power to discharge any subordinate Officer or Constable is vested in the Commissioner of Police, with a right of appeal to the Governor, who is required to act on the recommendation of the Police Service Commission in deciding the appeal. In respect of Officers above the rank of Chief Inspector, power to dismiss is vested in the Governor acting on the recommendation of the Police Service Commission.

Conclusions relating to the Police Force

61. It is clear from the foregoing that there is a marked preponderance of Africans in the Police Force. It is also clear that, unless there is a crash programme of recruitment of Indians on a very large scale, this situation will continue for some time. In his memorandum to us, the Commissioner of Police stated that if the present policy of recruitment on a 50/50 basis is continued, the proportion of non-Africans in the Force by the end of 1969 should be 35%.

62. In a society such as that of British Guiana today, where racial divisions are an important factor in political life, it is essential that the Police Force should broadly reflect the different races of the population, provided of course that adequate material from each racial group is available and willing to offer itself for service in the Force, the reason being that a preponderance of any one racial group in the Police Force may be harmful to the public interest in that members of the racial group or groups which are inadequately represented may have little trust or faith in the impartiality of the Force and may perhaps even fear them. It is thus desirable that the Police Force of British Guiana should broadly reflect the racial composition of the population if it is to command general confidence and support.

63. Certain factors in the present system for recruiting and training members of the Police Force might be held to encourage or lead to discrimination against potential or actual Indian applicants. Amongst these are:

(a) The requirements as to height and chest measurements automatically exclude a large number of Indians who, as a race, are smaller than the Africans
(b) The requirement that recruits should normally be unmarried militates against the Indians, who customarily marry at a younger age than the Africans;
(c) The screening of applications and interviewing of applicants is done almost entirely by Africans. The Board of Police Officers, which conducts the final interview, consists at present of two Africans and one person of mixed race.
(d) The Indians, who are largely Hindus, have to comply with religious dietary laws which are not always easy to follow when living in barracks. Though we were assured that the catering takes account of the Indians, dietary needs, the fear that they will be unable to keep the commandments of their faith does appear to be a discouraging factor for the Indians.

64. The present position is that there are not sufficient Indians in the Police Force for it to command the general support of the population a whole. There is a need to increase the recruitment of Indians, and this should be done at the two normal levels of recruitment, i.e. Constable and Cadet Officer level.

65. We reject the possibility of a crash intake of a large number of Indians, for a number of reasons. Quite apart from the question of its constitutionality, it is undesirable in that it would tend to entrench the principle of racial quotas, which we feel to be inherently undesirable; it would further be likely to lead to a lowering of standards and a reduction of morale within the Force; there is also the insuperable difficulty that the facilities for training, housing and equipping a large number of recruits are not available.

66. We are extremely reluctant to appear to endorse or encourage the entrenchment of a system of racial quotas for recruitment into the Police Force - or indeed any other part of the public service. We recognize that such a system is discriminatory and if made permanent, is liable to underline and strengthen the very racial divisions it is intended to guard against; but in the special circumstances of this Police Force a temporary and limited recognition of racial quotas is unavoidable (see para. 69).

67. In the course of this Inquiry we have heard and read of complaints of inefficiency, partiality, indiscipline and other misconduct in the Police Force in recent years. We have not embarked on the necessarily lengthy fact-finding inquiry that would be required for an investigation of the accuracy of any of these complaints, because it was not necessary for our findings and was not envisaged by our terms of reference. But since we are required to report on police procedures at present, and to make recommendations as to their improvement in the future, it has been necessary for us to form at least a general opinion as to police performance in recent times. We have come to the conclusion that, while this Force is basically sound in morale, discipline and general performance of duty, the abnormal and quasi-military demands placed on it in the lawless conditions of the past few years proved too much for it on occasion; that some officers and men fell short of the required standard of conduct; and that the police were unable - understandably, because of the widespread and intense communal and individual violence - to prevent the extensive loss of life, personal injury, damage to property, homelessness and other misfortunes that befell the country. We found that the Indians (who suffered more than any other racial group in the disturbances of 1964) have in many cases lost confidence in the police, and that they tend to look on the Force as an African-dominated body that failed to protect them in an emergency. Confidence in the police has been undermined by their having to try to deal with a situation that was for them - and probably would be for any comparable police force -unmanageable, by the inefficiency or culpability of a limited number of policemen, and by a campaign to discredit them as a corrupt, inefficient and racially biased Force. While the present attitude towards the police amongst such a wide section of the people continues, it is impossible to expect them to serve, or the public to co-operate, in the manner necessary for the effective preservation of peace and order in the community. Where the true reasons for the present lack of rapport between the police and many of the people lie, we leave for others to discover. We record it as a fact that is fundamental to the recommendations in this Chapter.

Recommendations relating to the Police Force

68. We recommend that all possible steps be taken to facilitate Indian entry into the Police Force and to encourage Indians to apply for acceptance. A substantial increase in applications from suitably qualified Indians would in itself tend to an increased intake of Indian recruits. We recommend the following steps:

(a) The height and chest measurement requirements should be reduced to a level sufficient to permit of a substantial Indian intake. These requirements should also be made sufficiently flexible to ensure that otherwise suitable applicants - especially when they are so young as to be likely to develop physically - are not rejected on this ground alone. Recommendations of this nature have been made by the Trinidad and Tobago Commission of Inquiry into the Police Force (October 1964).
(b) The requirement that recruits be unmarried should be abolished.
(c) The recruitment procedure should be rationalized and made more speedy, particularly in regard to producing examination results.
(d) The interviewing and selection of applicants for recruitment should be entrusted to selection boards which should contain Indian as well as African and other officers.
(e) Steps should be taken to ensure that all Indian recruits and members of the Police Force are able to comply with their religious dietary laws.
(f) Conditions of service should be improved so as to make both living and working conditions more attractive. More married quarters should be provided.
(g) The rates of pay should be reviewed and increased to a level sufficient to attract both Indians and other non-Africans of sufficient calibre.

69. We are satisfied that the adoption of these recommendations should lead to a substantial increase in the number of qualified Indian applicants for appointment to the Police Force and to a substantial decrease in the number of Indians leaving the Force. Nevertheless, we recognize that the present position, which is the result of a combination of factors, is not satisfactory and is one that calls for special treatment. For this reason, we recommend that in each year for a period of 5 years, whenever the number of qualified applicants at Constable or Cadet Officer levels permits, 75% of the applicants accepted should be Indian, and 25% from other races. The full effectiveness of this recommendation will depend on the full implementation of the recommendations in para. 68, on an increase in the size of the Force, and on increased facilities for training, housing and equipping it. Such an increase in the size of the Force appears to us to be necessary in any event.

In view of the terms of Article 11 of the Constitution, this recommendation would appear to require a special constitutional provision to enable it to be put into effect. We considered whether it might not fall within the provisions of Article 11(2) (f), which is in the following terms:

"(2) 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-

(f) for imposing any disability or restriction or according any privilege or advantage that, having regard to its nature and to special circumstances pertaining to the persons to whom it applies, is reasonably justifiable in a democratic society."

However, we came to the conclusion that the proposed restriction imposed on the Africans and the advantage given to the Indians applying to join the Police Force could not be explained by reason of "special circumstances pertaining to the persons to whom they would apply", i.e. candidates for the Police Force; they would rather arise from special circumstances relating to the needs of the country as a whole.

70. In order .to ensure maximum co-operation between the police and the population, care should be taken to ensure that the police are deployed throughout the community in a manner which is likely to achieve harmonious relations with the different racial groups.

71. While we have, with reluctance, conceded the need for a quota intake for a limited period, we do not recommend a similar procedure with respect to promotion. This must be based on ability, experience and professional qualifications regardless of race.

72. We recommend that promotion to the rank of Inspector and above should be entrusted to the Police Service Commission; we have, been informed that this is the intention. It is earnestly to be desired that the Police Service Commission will continue to be composed of persons of integrity, standing in the community and experience, so that it commands the support of the community as a whole.

73. We recommend that promotion within the ranks be entrusted to a selection board which should contain Indian as well as African and ether officers.

74. We recommend further that the selection of officers for training overseas should be made by a similarly constituted board after personal interview of the candidates.

The Special Constabulary

75. Section 72 of the Police Ordinance, 1957, provides for a supple- mental body of police to be called the "Special Constabulary". The object of the establishment of the Special Constabulary is to have on call an additional body of police for the preservation of good order. Members may be called out for service by the Commissioner of Police or the Deputy or an Assistant Commissioner. The general command and superintendence of this Constabulary are vested in the Commissioner of Police, subject to the general orders and directions of the Governor. The power of appointment and dismissal is vested in the Governor in the case of officers, and in the Commissioner in all other cases. The Special Constabulary at present comprises 9 Officers and 426 other ranks, and the racial composition is shown in Table IV. Although the Commissioner of Police is responsible for the command and superintendence of the Constabulary, there is no fixed authorised establishment by ranks, and in practice enlistment and deployment appear to be the responsibility of Divisional Commanders (at present all are African, but one, who is Indian). The training of the Constabulary is sketchy and is carried out at Divisional level.

The Rural Constabulary

76. The Rural Constabulary was first established by Ordinance No. 8 of 1849. It is similar in function to the Special Constabulary but is employed only in rural areas. It is now regulated by Section 87 of the Police Ordinance, 1957, which provides that it is established so that its members may be capable:

(a) in time of peace, of acting as an efficient auxiliary to the Force in the performance of such of their ordinary duties as the Commissioner shall deem fit; and
(b) in time of internal disturbance or of external aggression, of at once assuming to the extent found requisite by the Commissioner the ordinary duties of the Force."

Rural Constables enjoy all the statutory privileges and immunities of members of the Police Force. The Commissioner of Police has power to call out members of the Rural Constabulary at any time for full-time duties with the Police Force. Officers of the Police Force may call them out in like manner in cases of emergency. The power of appointment and dismissal of Rural Constables lies with the Commissioner of Police. The Rural Constabulary at present comprises 618 men, the racial composition being shown in Table IV.

Supernumerary Police

71. The Commissioner of Police is empowered by Section 84 of the Police Ordinance, 1957, to appoint men as Supernumerary Constables, Subordinate Officers, Inspectors or Officers in any case where any person makes application to him for Constables, Subordinate Officers or Inspectors to be employed in that person's service on special duties. In practice, Supernumerary Police are employed mainly by the larger commercial and industrial concerns in the country. The advantage of having security of person and property entrusted to Supernumerary Police rather than ordinary watchmen is that the employer gets the benefit of a body of men who are subject to the statutory provisions relating to discipline, punishment, powers and immunities of constables.

The pay and expenses of Supernumerary Police are defrayed out of funds paid to the Commissioner by the persons employing them.

The Volunteer Force

(a) Nature and Functions

78. The British Guiana Volunteer Force was established by the Volunteer Ordinance of June 19, 1948, as the successor to previous military bodies of a like kind. It is organized on the lines of a territorial infantry battalion. It is a part-time voluntary military organization which carries out basic training and holds an annual camp where the year's training and activities are rounded out.

79. The objects of the Volunteer Force are not explicitly mentioned in the Volunteer Ordinance. The Government Memorandum submitted to us stated that the duties of the Force are as follows:

(i) to assist the police whenever called to do so;
(ii) to provide static guards on all essential works and installations;
(iii) to provide armed escorts and patrols; and
(iv) to assist in the restoration of law and order.

Its principal function in the field of internal security is to act in aid of the civil power when ordered to do so by the Governor. Since the declaration of emergency on April 23, 1964, the Force has been engaged in emergency duties and has been acting on a full-time basis as a regular battalion.

(b) Racial Composition

80. The Force is divided into five companies. The geographical location and racial composition of each of them is shown in Table VIII, while the racial distribution of the different ranks is shown in Table IX.

The areas and districts in which the companies are established are, with one exception, predominantly settled by Africans. The exception, "E" Company, was recruited during 1964 as an experiment in rural recruitment and for the first time gave Indians an opportunity to join in large numbers, since recruits are required to come from within the area in which the Company is stationed.

(c) Recruitment

81. Recruitment of members of the Volunteer Force, as its name implies, is entirely voluntary. The conditions of eligibility are laid down in Section 16 of the Volunteer Ordinance. The standard height aimed at is not less than 5' 6", but concessions are made where recruitment is in a specialist field. It does appear that the encouragement of volunteers is not so widespread as to ensure that every potential recruit is aware of the conditions for recruitment. We also received evidence that recruitment is undertaken entirely by African officers.

(d) Service

82. Promotion, training and conditions of service seem to be in accordance with normal practice and call for no special comment.

Recommendations relating to the Volunteer Force

83. We find that the practice whereby, until 1964, every single Company of the Volunteer Force was established in an area of predominantly African population does amount to racial discrimination. A start has been made in correcting this situation with the establishment of "E" Company at Demerara on the West Coast. We recommend that further Companies be established in areas where there is likely to be a large number of Indian volunteers. This may require consequential changes in the organizational structure of the Force.