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Damning allegations against former minister Mr. Nigel Dharmlall, and the way in which the authorities conducted the investigations have left right- thinking Guyanese scratching their heads. Prior to new and unprecedented developments in this very issue, which came as no surprise to many, we were admonished by some to: “Let the system work.” But the system failed us.
From the very early stages of this issue, people were justifiably suspicious about the action of the government rooted in a certain intentionality. The history of our country, under the leadership of the People’s Progressive Party/Civic (PPP/C) is replete with glaring acts of discrimination, brutishness, unfairness and injustices. Hence, the protests and calls for justice, by many organisations, groups and individuals. And these must continue until justice is served for the deserving and vulnerable among us.
Now, the police have reported that, the alleged victim, a sixteen- year-old girl, has said she doesn’t want the police to take any further action in the matter, which the Director of Public Prosecutions used to advise the police not to proceed with charges.
This recent troubling development has served to confirm public fears and trepidation that the system is broken; it does not work. In reality, those who wanted us to trust the system knew the system would be used against the poor and vulnerable. This is an important point because it reveals a different and deeper reality: the system does work. This may have escaped the attention of ordinary citizens whose focus is on struggling with rising cost of living and surviving new hardships of oil rich Guyana.
Careful consideration of the mechanics of the system- the interplay between real political powers, economics and weak state institutions, would reveal that the system does work; not for the poor and vulnerable but for the rich, powerful and well-connected, in our society. The system may not have worked for that poor indigenous girl, who was allegedly sexually exploited but it certainly worked for former minister, Mr. Dharamlall. The poor are powerless and voiceless.
In preparation for the World Development Report 2000/2001: Attacking Poverty, a study was carried out by the World Bank. That research, used the experiences of more than 60, 000 poor women and men from 60 countries around the world. The study found, among other things, that, the defining experiences of the poor involved limited choices and an inability to make themselves heard or to shape or control events in their lives.
Powerlessness emerges from many interlocking disadvantages, which work together to make it very difficult for the poor to escape poverty. Why even the bible says: the poor you will always have with you.
One can only imagine the burden that was placed upon that poor sixteen- year- old. One can imagine as well the mental stress, psychological fatigue, and the agonising choice she had to make, in order to survive in an environment of political vipers with their fangs in her face.
And whilst the government continues to use the system to protect their own at the expense of fairness and justice and the well- being of the state, it has engendered a crisis of trust not only in its operations but also in certain state institutions. Many of those institutions appear to be weak, lack requisite human and technological competencies, and inefficient and ineffective.
If this situation continues then it could encourage citizens to take matters into their own hands because they do not trust the process, the government nor the system to be fair and to deliver justice. In the face of all of that, the government continues to boast of being democratic. And yet, the health of our democracy is in a critical and unstable state. The health of our democracy rides high on good governance: the rule of law, equity and inclusiveness, transparency, accountability.
The rule of law:
- Equality and fairness: The rule of law ensures that all individuals, regardless of their status or position are subject to the same laws and are entitled to equal protection. It guarantees fairness in the legal process, preventing discrimination and corruption.
- Protection of individual rights: The rule of law upholds and protects individual rights and liberties. It establishes a framework for citizens to exercise their rights without fear or arbitrary actions by the government or other individuals of power.
- Limiting government power: The rule of law acts as a check on the power of government. It ensures that those in authority are bound by the law and cannot make decisions arbitrarily. This prevents abuse of power and helps create a system of accountability.
- Social cohesion: The rule of law fosters social cohesion by promoting trust in institutions and fostering a sense of justice among citizens. When people have confidence in the legal system and believe in the fairness of their society, it helps to strengthen social harmony and reduce conflict.
Equity and inclusiveness:
Everyone has the same opportunity to maintain and improve their welfare.
This is not the same as the one Guyana concept promoted by the government. In fact, the concept has certain impediments:
(a) It has an impoverished sense of equality. It is inattentive to underlying inequalities in our society
(b) ‘One Guyana’ is supposed to be the torch- bearer of a more equitable society. But, it enhances deep inequalities in local communities and among different categories of people.
(c) This concept is weak in its ability to correct the disparities in economic and social well- being among minority groups.
(d) It leaves undisturbed and may even serve to validate existing institutional arrangements that privilege some and disadvantage others. It does not provide a framework for challenging existing unequal allocations of resources and power.
In Guyana, there is a long list of social inequalities. Also, we have a network of dominant economic and political systems that not only tolerate but justify grossly unequal distribution of wealth, power and opportunities. This cannot be remedied by the establishment of a one Guyana Commission. It has to be approached with the use of a progressive model that takes into account past circumstances and future obligations, considering need and disadvantage.
Accountability:
In essence, accountability revolves around components such as elected officials, transparency, checks and balances, independent judiciary, media, civil society and citizen participation. By accepting these aspects, a democracy can enhance its effectiveness and ensure that those in power are answerable to the people they serve.
However, the free flow of money from oil has affected the government’s ability to be accountable to the people. Government heavy reliance on oil revenues and its ability to access those monies provide a clear incentive for the government to ignore the felt needs of the population. Lack of accountability has encouraged the government to adopt a high- handed and arrogant approach in the way it governs our country.
Challenges to maintain an independent judiciary is a good case in point: To date, the President has not appointed a substantive Chancellor of the Judiciary or a Chief Justice. Then the Vice President lashed out against a ruling by one of our High Court Judges, Justice Sandil Kissoon, on the protection of the environment.