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The Guyana Public Service Union (GPSU) has joined the chorusing voices speaking out on the alleged rape of a minor by disgraced Minister of Local Government and Regional Development, Nigel Dharamlall.
GPSU said it views with much concern a serious allegation of sexual violence committed on a sixteen-year-old Amerindian school girl levelled against a sitting Dharamlall, a Minister of Government and Member of the National Assembly.
At the same time the union has commended Minister of Human Services and Social Security, Dr. Vindhya Persaud’s call for a thorough investigation into the matter, stating that “Our women and girls must be safe and no one is above the law” (Stabroek News of June 18, 2023). The union also reminded the “Child Care and Protection Agency Act, 2009 makes no provision for investigation by the Child Care and Protection Agency or anyone outside the remit of the Guyana Police Force under the circumstances of this case.”
In light of the alarming rate of sexual violence against women and girls, public administrators are with duty to conduct their affairs with the highest form of decorum and discipline, GPSU advised.
Going further, the union said a scintilla of evidence is sufficient a threshold for the removal of such officials from office in the interest of public trust and confidence. Others have also called for Dharamlall’s removal, among them are the Guyana Trades Union Congress, Opposition Members of Parliament, and the ordinary man and woman.
According to the Union, there is no need for a sufficiency of evidence- i.e, mere inappropriate contact with the teenager outside the minister’s functional mandate, is enough for his removal from public office.
“Further, it is absolutely unacceptable, a flagrant violation of the Sexual Offences Act, 2010 (as amended) and a direct affront to the rule of law for any Government Official or any other person outside the Sexual Violence Unit of the Guyana Police Force to establish contact with this child who is in need of Protection as is the intention of the Protection of Children Act.”
Underscoring the face the consequence of rape could leaves physical and psychological scars, the Union reminded the retraumatisation of survivors of sexual crimes is a criminal offence under the Laws of Guyana.
“In fact, amendments to the Sexual Offences Act introduced a paper committal process whereby survivors of sexual violence are protected from the unnecessary burden of repeating the horror of their bodies being violated in the most inhumane form.”
The Union warned it is unacceptable and unlawful for a peer review to be conducted into these allegations by the ministerial colleagues of the subject minister, making known it is of fundamental public importance that justice must not only be done, but it must be seen to be done.
Society is reminded that in accepting €4.5m from the European Union to end gender based violence, President Irfaan Ali, is quoted as saying, “Guyana’s approach to gender-based violence is deeply embedded in ensuring compliance with the country’s domestic laws and fulfilling international obligations.”- Guyana Chronicle, November 2, 2020.
To this end the Union is calling on President Ali, to act without undue delay by showing commitment to ending gender based violence by ratifying and incorporating International Labour Organisation (ILO) Convention 190 and its Recommendation 206 to protect our women and girls.
Additionally, the Union advised in the context of the present investigation, the president should act in keeping with rules of procedure to ensure a professional investigation is conducted to preserve and protect all evidence for the sole determination by a judge and jury and not his ministers and the functionaries operating under them.
“It is our constitutional mandate as citizens of this great country to value the special place in our nation of our indigenous peoples and recognise their rights as citizens to security, equal protection under law and their individual pursuit of happiness.”
The Union is also calling on the investigators to report forthwith any form of intimidation, bullyism or victimisation experience during the investigations.
The Police said they have started the investigation but this has not been without allegations the investigation is being conducted in an unprofessional manner, which the police has since denied. Opposition Member of Parliament, Annette Ferguson, has called for the Government to invite the United States’ Federal Bureau of Investigation (FBI) and the United Kingdom’s Scotland Yard to help with the investigation.
