In the case of the OFAC sanctioned politician, a small group has chosen to exercise their freedom of association while being misled about the legal and reputational repercussions of associating with such person (s). While freedom of association is protected, it is not immune from consequence—especially when it poses a risk/threat to national stability and security.
The danger lies in the potential for widespread disruption and reputational harm to over 3,000 Guyanese employees, and the broader destabilization of the country. The Constitution does not shield actions that endanger the collective good under the guise of individual liberty.
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The Constitution of Guyana guarantees the right to freedom of association, among other fundamental liberties. Specifically, Article 147(1) states:
“No person shall be hindered in the enjoyment of his or her freedom of assembly, association, and freedom to demonstrate peacefully, except with his or her own consent.”
However, this right is not absolute. Article 147(4) provides for reasonable restrictions:
“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 that is reasonably required in the interests of defence, public safety, public order, public morality or public health or for the purpose of protecting the rights and freedoms of other persons.”
This means that while individuals are free to associate, such freedom is subject to limitations when its exercise threatens the rights of others or the stability of the nation.
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Guyana is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which similarly affirms:
“No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and necessary in a democratic society in the interests of national security, public safety, public order, public health or morals, or the protection of the rights and freedoms of others.” — CCPR