Our democracy here in the United States over the last two centuries has weathered the storms of war, economic depression, crime, drugs, corruption and scandal. It survives because we make our mistakes openly, we learn from them and we correct them openly. Our government and its officials are politically, financially and legally accountable.
-Former US Ambassador James Michel (1991)
On 27 April 2013, another section of the media carried an article under the caption, ‘President Ramotar tells US clean your house first, don’t lecture to us.’ This statement was reportedly made in reaction to the findings contained in the Guyana 2012 Human Rights Report, especially as regards corruption and the recent disclosure about the issuance of radio licences within days of the last general elections.
The President referred to the Guantanamo Bay detention camp where several detainees went on hunger strike in response to various abuses meted out to them. He also cited prisoners who were taken to various countries and tortured in various ways, including the use of “water boarding.” The President then went to outline measures being taken to address some of the weaknesses in Guyana, including the money laundering amendment bill recently tabled in the National Assembly.
Today, we present a synopsis of the report along a brief assessment of it vis-à-vis the government’s reaction.
Executive summary
The report contains an executive summary and seven sections. The summary highlighted the following:
● suspects and detainees’ complaints of mistreatment by the security forces, unlawful killings by the police, poor prison conditions, and lengthy pre-trial detention;
● absence of independent and transparent procedures for handling allegations of killings and other abuses by the security forces as well as the perception that members of the security forces enjoy immunity;
● allegations of government corruption, including among police officials;
● excessive government influence over the content of the National Communications Network (NCN); and
● sexual and domestic violence against women, and abuse of minors.
Section 1: Respect for the integrity of the person
The Police Complaints Authority (PCA) received 14 complaints of unlawful killings, including the killing of three civilians during the Linden demonstrations. There were also allegations of mistreatment of inmates by prison officials and police abuse of suspects and detainees. In this regard, the PCA received 36 complaints.
A former Police Commissioner was accused of rape but no charges were laid, and he was allowed to resign. In addition, local media reported several cases of random police brutality, arrest and interrogation prior to investigation. A CDB report also stated that public confidence in the Police Force was very low, and there were reports of corruption in the Force.
Prison and detention centre conditions were poor and deteriorating, particularly police holding cells, and there was overcrowding. For example, 1,962 prisoners were kept in five facilities that had a capacity of 1,580. In addition, there was a backlog of pre-trial detainees, comprising 39 per cent of the prison population, and the waiting time was 6-18 months. The PCA was also understaffed and had to rely on the Police to conduct investigations of their own officers.
Section 2: Respect for civil liberties, including freedom of speech and press
The government continued its monopoly on radio broadcasting and its influence on the print and broadcast media. It also exercised heavy control over the content of NCN, in particular, giving government spokespersons extended coverage while limiting participation of opposition figures.
In 2009, the Court of Appeal ruled that the government had an unlawful monopoly on the airwaves, and the National Frequency Management Unit was not adequately considering radio licence applications. In 2011, the government approved applications for ten new radio licences, but the action was controversial and lacked transparency. In addition, Parliament passed a law to allow for the establishment of a broadcasting authority. However, observers noted that few of its board members had previous media experience.
Government officials used libel laws to suppress criticism. The report cited the $10 million lawsuit filed by former President Bharrat Jagdeo in July 2010 against the Kaieteur News, its editor-in-chief and one of its columnists that commenced in August 2011 but remained pending.
Section 3: Respect for political rights
The law provides for local government elections to be held every three years. However, since 1994 this was not done. In addition, electoral observers to the last national elections recommended the need for: (a) mechanisms to guarantee more equitable access to media and political financing; and (b) improvements in citizen representation and oversight of the electoral process. Further, the elections commissioners are political appointees, a practice that “compromises the effectiveness and integrity of the commission.”
Section 4: Corruption and lack of transparency in government
The government did not implement effectively the law for criminal penalties for corruption, and there remained a widespread public perception of corruption involving officials at all levels, including the police and the judiciary. In addition, the World Bank’s Worldwide Governance Indicators assessed that government corruption is a serious problem. In October 2011, the Crime Chief submitted a report to the concerned Minister regarding allegations that many officers had connections to drug lords but no action was taken.
The Audit Office, the Integrity Commission and the Public Procurement Commission (PPC) are intended to create a framework for government transparency and accountability. However, that office’s effectiveness remained limited since the government may or may not act on the deficiencies identified. Public officials are required to submit information about their personal assets to the Integrity Commission but no commissioners were appointed, despite an assurance from the Prime Minister. The related Act sets out criminal and administrative sanctions for non-disclosure, including publication in the daily newspapers and the Official Gazette. However, no such publications or convictions occurred during 2012. The 2001 constitutional amendment provides for the establishment of the PPC. However, the commissioners were not appointed despite public criticisms of the existing system’s ineffectiveness in awarding government contracts in an equitable and transparent manner.
The 2011 Access to Information Act provides for persons to secure access to information under the control of public authorities and for the appointment of a commissioner of information. However, neither the related regulations were issued nor a commissioner appointed.
Section 5: Government’s attitude to alleged violation of human rights
A few organized domestic human rights groups were operating but at times complained that government officials were uncooperative and unresponsive to their views. When they did respond, it was generally to criticize rather than investigate allegations. In addition, the Human Rights Commission provided for by the constitution was never established, and the position of Ombudsman has been vacant since 2005.
Section 6: Discrimination, societal abuses and trafficking in persons
The authorities seldom successfully prosecuted cases of rape and domestic violence that were reported. Based on media reports, there was a high incidence of rape and sexual assault not reflected in the official statistics, and many survivors did not report rapes because of fear of stigma, retribution or further violence. Of the 102 persons charged with rape, only 28 were convicted. Similarly, 89 persons were charged with statutory rape but only four were convicted.
In November 2011, the Police Commissioner was accused of rape. However, the acting Chief Justice granted temporary orders blocking the DPP’s recommendation to institute charges and barring the police from doing so. The Chief Justice ruled that “her decision was unlawful and, even if not unlawful, was irrational” because the circumstantial evidence did not present a realistic prospect of a conviction. The Commissioner was subsequently allowed to resign.
Domestic violence and violence against women were widespread, and 279 cases were filed with 143 convictions. However, victims were frequently unwilling to press charges because of a lack of confidence in obtaining remedy. There were also reports of the police accepting bribes and of magistrates applying inadequate sentences after conviction. In addition, domestic violence reports were not treated confidentially but rather in the open at the front desks of police stations, and there was no urgency in dealing with the matters. Further, reports of sexual harassment were common but no reports were filed and there tended to be out-of-court settlements.
About 40 per cent of women between the ages of 19 and 49 used modern contraceptive methods but there were cases of severe bleeding and hypertensive disorders resulting in maternal deaths. There were also credible reports of women being treated and paid unequally, and facing disadvantage in terms of promotion.
Reports of physical and sexual abuse of children were widespread and serious. The Child Care and Protection Agency received more than 4,100 child abuse reports, involving neglect, sexual abuse, physical abuse, verbal abuse, child custody, teenage pregnancy, and delinquency. However, no child abuse cases were filed with the courts. NGOs noted reports of some police officers and magistrates being bribed to make cases of child abuse “go away.”
The report did not deal with trafficking in persons but referred readers to a special report on the matter to be found at www.state.gov/j/tip.
Assessment of the report
The report is fair and objective, and there are many positives in it that we were unable to cover because of space constraints. The issues raised are not new, and most Guyanese are aware of them. The government reaction is, however, unfortunate, and perhaps the President was badly advised as to how to deal with the report. It would have been more appropriate for the concerned ministers to comment on it. As the father figure of the nation, the President should rise above getting involved in confrontations to free himself to be the final non-judicial arbiter when there are disputes and disagreement. I doubt whether Desmond Hoyte or Cheddi Jagan, as sitting Presidents, would have reacted the way he did.
As a nation, we need to stop the practice of attacking the messenger. We need to deal with the message, regardless of how embarrassing and painful this exercise may be. We must accept criticisms in good faith and learn from our mistakes. Let us display appreciation to those who contributed in no small measure to the restoration of democracy in Guyana through free and fair elections and other means; the writing off and rescheduling of foreign debts, and providing the much-needed financial and other forms of assistance to this country in times of need.
There is ‘another Guyana’ in the United States. We must be thankful that Guyanese are allowed to be there, to obtain employment and to provide for their families and relatives not only in that country but also here in Guyana.
Let us stop displaying ingratitude and allow the truth to prevail rather than seeking to stifle it.
