The Ministry of Human Services and Social Security hosted a consultation last Friday with representatives from various sectors to discuss the draft Protection from Harassment Bill.
Speaking at the event, held at the Arthur Chung Conference Centre (ACCC), Minister of Human Services and Social Security, Dr Vindhya Persaud emphasised that the proposed legislation is designed to be robust, hold individuals accountable, and remain gender-neutral.
Dr Persaud highlighted the importance of the consultation process in incorporating the perspectives and recommendations of all Guyanese groups and organisations.
“Your presence here is important and your voice is equally important. We are here to listen to what you have to say and take on board your recommendations and consider them very carefully before we get to the final draft of the legislation,” the minister told the participants..
To formulate the draft Protection from Harassment Bill, similar legislation from countries such as Trinidad and Tobago, Jamaica, and South Africa was carefully examined.
Minister Persaud assured that the draft was not randomly compiled but thoughtfully tailored to address the specific needs of Guyana.
“We are quite aware that Guyana has its peculiarities, and while we would have heavily leaned on different pieces of legislation from different parts of the world, we understand that the need of this piece of legislation must reflect the needs of Guyana,” the human service minister explained.
The proposed legislation also benefited from contributions by Professor Vilma Newton and his team, who worked from a CARICOM perspective to develop a model law for the Caribbean, with a specific focus on sexual harassment.
Minister Persaud emphasised that input from various contributors is essential for constructive criticism before the bill is presented to the National Assembly, ensuring a thorough and deliberate process rather than a rushed one.
The Ministry aims to have the legislation passed sometime next year.
The draft defines harassment using the terms ‘unwelcome’ and ‘unwanted’ to make it clear to perpetrators that their actions are not desired by the victim.
Deputy Chief Parliamentary Counsel at the Ministry of Legal Affairs, Joann Bond highlighted that the draft bill provides for both compensation and protection to be determined by the courts when harassment is committed.
“The draft copy of the bill deals with harassment and then it deals with sexual harassment which will be dealt with differently. One is a criminal offence and the other can be classified as a civil offence,” she explained.
Under the proposed legislation, perpetrators of harassment could face a fine of $1 million and up to six months of imprisonment.
Attorney-at-Law Darshan Ramdhanie, who served as a consultant in drafting the bill, stressed the importance of understanding the social contexts in which the law would apply.
“We should be concerned about the social spaces in which we are attempting to regulate and how far should we go in placing an umbrella of protection on various social spaces,” the attorney stated.
He further emphasised the need for careful deliberation on the obligations to be imposed on those responsible for managing these spaces, such as workplaces, colleges, and other institutions. (DPI)
