Dear Editor,
The recently concluded PPP 35th annual congress will go down in history for the election of Nigel Dharamlall to the 35-member, central committee of the PPP party, and to its executive council. The election of Nigel Dharamlall is glaring in its insensitivity and demonstrates a contemptuous disregard for the trauma of sexual violence and the physical and deeply psychological scars and suffering of victims/survivors.
We remind Guyanese women, citizens, the PPP central committee and its executive arm, of the huge outcry from many sections of the Guyanese public on the alleged rape by Nigel Dharamlall of a 16-year-old Indi-genous school girl. We take this opportunity to remind all Guyanese, who reject all forms of sexual and gender-based violence, of issues surrounding this reported rape which have not yet been adequately addressed.
The official statement was taken by trained forensic professionals in the presence of police officers to prevent fabrications or embellishment and whose continuing work has been taken up into successfully prosecuted cases in the courts.
It is well known that victims/survivors of rape and sexual violence often experience threats, bullying, coercion and fear; as well as pressure from public vilification causing shame and embarrassment, and so do not always go through with the prosecution of their cases. This is why NGO’s, CSOs and individuals have, for years, been advocating for such criminal cases to proceed, even when victims/survivors withdraw from their cases, and where the State has enough evidence to prosecute.
We know that international best practice recognizes that the reluctance of victims/survivors to proceed are not adequate grounds for dropping a case. Under Guyana’s Code for Prosecutors (2018), such reluctance is not sufficient grounds to discontinue a case, especially given the clear power imbalance of the alleged perpetrator and the complainant – as was the case of Dharamlall and the school girl. That the state took the decision to drop this particular case has sent a clear message of impunity that shields those in power from any accountability.
Significantly, Nigel Dharamlall was granted station bail at the Brickdam Police Station for the alleged rape of the schoolgirl. Yet, standard operating procedures for major crime cases are for these to be sent to Court, and it is there that bail is normally set. Additionally, at no time did the State send the then Minister Dharamlall on leave. Instead, the alleged offender himself offered and then proceeded on paid administrative leave and then later, in the wake of a growing outcry locally and news coverage internationally, eventually resigned.
We also wish to highlight the weak functioning of the National Task Force for Prevention of Sexual Offences. The Sexual Offences Act (SOA) Part IX Prevention, mandates the establishment of a National Task Force for the Prevention of Sexual Offences (NTFPSV) with duties that include the development and implementation of a national plan of action for the prevention of sexual violence. Even though a new NTFPSV was appointed in 2020, no national plan for the prevention of sexual violence has been publicly disseminated. Additionally, the lack of representation on this Task Force from NGOs, such as the Child Advocacy Centres, who deal exclusively with child sexual abuse, and other relevant NGOs, is unacceptable.
According to the Constitution of Guyana all citizens have the right to the protection of the law (Article 144), the right not to be subject to inhuman or degrading treatment (Article 141), and the right not to be treated in a discriminatory manner based on race, age, sex, gender or social class (Article 149(2)) and (Article 154A(1)). These duties arise from human rights instruments incorporated into the Guyana Constitution including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Belem do Para).
The ongoing epidemic of sexual and gender-based violence has also to be contextualised through the findings of Guyana’s Women’s Health and Life Experiences Survey (GWHLES) (2018) which reported that one out of every two Guyanese women will experience some form of gender-based violence (GBV). This figure is among the highest in the world. Other high incidences from the study show 38% of Guyanese women experiencing physical and/or sexual violence and 20% of women experiencing non-partner sexual violence at least once in their lifetime.
The situation must also be viewed in the context of the recent Delegation of Indigenous Leaders representing six indigenous communities from regions 9, 6 and 2 who came to Georgetown to expose pervasive gender-based violence and child sexual abuse crimes with resulting teenage pregnancies occurring within their communities. The Delegation reported on the low level of access to justice for such crimes; linked to absent or inadequate support services for victims/survivors in carrying forward court cases and successful prosecutions. The Delegation identified the barriers that survivors of sexual crimes face in getting justice such as political interference, discrimination toward indigenous people, impunity and cover ups of such crimes, as well as complicity of certain officials within communities thereby enabling a climate of sexual violence.
The composition of the PPP’s new 35-member Central Committee must also be taken into context, since it further demonstrates the party’s low regard for gender, exposing the gap between what the party says about gender equality and the evidence of its recent voting results: Only seven (7) women were elected, representing a mere 20% of the PPP central committee. This is in a country where women constitute over 50 % of the population. It appears that PPP delegates didn’t think that, apart from Gail Teixeira, none of the elected women were good enough to be included in the top 15 of those receiving votes, and worse, they preferred alleged rapist Nigel Dharamlall above Pauline Sukhai, Vindhya Persaud, and Indranie Chandarpal. What message does this recent PPP congress send to women in Guyana?
In the past few days a new allegation of sexual assault involving Nigel Dharamlall has been reported, which the police are currently investigating.
We call on Mr. Dharamlall to resign immediately and exit public life.
Recommendations: We further call on the PPP Central Committee to:
– Comprehensively address and end the impunity of officials from crimes under the Sexual Offences Act and the Domestic Violence Act in indigenous communities and throughout Guyana.
– Commit to education on Gender Based Violence and relevant laws for its members.
– Provide gender equality education for fair representation of women within its Central Committee.
Sincerely,
Danuta Radzik
Karen de Souza
