History of the Amerindian Act
The 1976 Amerindian Act is main law that deals with Amerindians in Guyana. It covers a number of subjects including the powers of Captains, who is and who is not an Amerindian, and conditions governing Amerindian land, among other things. It is based on previous laws relating to Amerindians dating back to the early 20th century when Guyana was still a colony of Britain and Amerindians were considered to be incapable of representing and speaking for themselves.
The Aboriginal Indians Protection Ordinance of 1902 was the first law to exclusively deal with Amerindians in Guyana. Its aim was to protect Amerindians from outsiders. According to P.S. Peberdy, Amerindian Welfare Officer charged to do a thorough investigation of Amerindian affairs, "the whole object of protection is to keep the protected group away from temptation and outside bad influences and from exploitation until the authorities are satisfied that sufficient advancement has been made to warrant protection unnecessary."
This law gave the colonial government a great deal of power over the lives of Amerindians. It also allowed for the governor to declare certain areas of the country as Amerindian reservations.
In 1904, eleven areas were declared Amerindian reservations under the 1902 Ordinance. These includes Moruca in the North West, Upper Pomeroon, Wikki Creek (Berbice), Orealla (Corentyne River) and the Mazaruni. The Moruca and Berbice reservations were enlarged in 1908. In that same year also the Aboriginal Indians (Intoxicating Liquors) Ordinance was passed.
The 1902 Ordinance was repealed in 1910 and was replaced by the Aboriginal Indians Ordinance. It continued along the lines of protection of Amerindians with the government maintaining powers to interfere immensely in the lives of Amerindians.
During 1911 to 1951, a number of Amerindian reservations were declared. This includes the 1945 Upper Mazaruni Indian reservation.
The Aboriginal Indian Ordinance of 1910 was repealed in 1951 and replaced by the Amerindian Ordinance (1951). It introduced a limited amount of self-government, and gave the governor the power to establish Amerindian districts and area councils. It also gave the district commissioner the power to establish village councils.
These village councils are predecessors of the present village councils that exist today. They were given the power to set up village rules, collect taxes, and hold hearings and impose fines for those who did not comply with the rules and regulations. These rules and regulations had to however first gain the approval of the District Commissioner.
The1951 Amerindian Ordinance was amended by the 1976 Amerindian Act. The 1976 Act, when compared with the 1951 Ordinance, is strikingly similar in many ways. It contains language found in the 1902 and 1910 Ordinances. The most significant amendment reflected in the 1976 Act is Section 20 A. This Section deals with the transfer of land titles to Amerindian villages.
At the same time however, the Act also provides for at least six different ways in which an unnamed Minister can take away Amerindian lands without compensation and without having to explain himself/ herself.
The 1976 Amerindian Act was amended in 1990 by the Miscellaneous Enactment (Amendment) Act. This amendment provided for the addition of Section 14 A which states that "every Captain shall be a Justice of the Peace in and for every District, Area, and Village…..". This is one of the more significant changes since 1902.
In 1993 in a motion moved in Parliament by an opposition parliamentarian, it was agreed that there was a need to revise the Amerindian Act as "parts were no longer relevant to present day circumstances". As a result, a Special Parliamentary Select Committee was set up to oversee the revision of the Amerindian Act. The urgency of the need to revise this Act however can be brought into question as the Select Committee has done no work to move forward on the revision since the passing of the motion in1993.
In the meantime, the APA has been reminding the government of the importance of revision of the Amerindian Act. The organisation has stressed that this process must have the participation of Amerindians at all levels and it must be along lines compatible with international standards concerning the rights of Indigenous peoples.
In order to simplify reading of the Amerindian Act, the APA has developed a companion document called A Plain English Guide to the Amerindian Act. Copies of these can be obtained from the APA office in Georgetown.
