In the aftermath of the decision by the Director of Public Prosecutions (DPP) not to recommend a charge against former Minister of Local Government and Regional Development Nigel Dharamlall over an allegation of rape, the Amerindian Peoples Association (APA) has called for an independent probe of all the agencies who played a part in this decision,
In a release yesterday, the APA said that Indigenous peoples in Guyana have witnessed their rights being trampled upon by the very people who are tasked with protecting those rights. It noted that the manner in which the ‘investigation’ was conducted, “cements the fact that Indigenous peoples are not equal in the eyes of Guyana’s justice system.”
The APA says it remains convinced that the end goal of this “investigation” was never the delivery of justice but rather to save face and avoid further humiliation. The mere fact that President Irfaan Ali failed to take concrete action against Dharamlall when the allegations surfaced speaks volumes about the government’s blatant disregard for the gravity of the accusation levelled against his minister.
The release challenged the President to explain why Dharamlall was not ordered to proceed on leave when the allegations surfaced rather than waiting until Dharamlall himself requested to be sent on administrative leave. It also wanted the President to say whether Dharamlall was paid his salary and other ministerial allowances afforded to him during the time he was on administrative leave, as well as explain why he did not remove Dharamlall from his Cabinet as a Member of Parliament and instead allowed him to resign.
The APA reminded that it has been consistent in its call for the protection of the child at the centre of this investigation, and that those calls have fallen on deaf ears. “What we have seen is the unsurmountable pressure meted out to the child to break her spirit and frustrate her to the extent that she no longer wants to pursue the matter. Sadly, we have all watched that successfully play out, which led to the Director of Public Prosecutions (DPP) recommending that no criminal charges should be brought against Dharamlall.”
As such, the association called on all Guyanese to advocate for an independent probe into the conduct of the Guyana Police Force, the Office of the DPP, the Childcare and Protection Agency, and others, that facilitated the “unprofessional conduct” of the investigators in this matter. “It is appalling that all those agencies worked against the best interests of the child in this matter.”
It also called on the Director of Public Prosecutions, Shalimar Ali-Hack, to explain the rationale behind her decision to order further “investigations” into the allegations against Dharamlall. “We note that following that advice, the child miraculously issued a no-action statement which led to the decision not to charge Dharamlall.”
As far as the APA is concerned, the DPP’s decision has sent out a clear message that children, and more importantly “marginalised and poor Indigenous children” have no rights to justice and protection. It added, “She has officially and unsurprisingly joined the likes of women who perpetuate the patriarchal system of injustice against women …”
The release also contended that the circumstances under which the No Further Action statement was arrived at remain “mysterious” as the police’s version of events leaves more questions than answers.
The APA noted that while it understands the consequences of a No Action Statement, it is yet to understand or hear from the authorities on who advised the No Action Statement and who drafted it.
Continuing with its assertion of the lack of respect for Indigenous peoples, the association sees President Ali’s statement following the announcement of no charges against Dharamlall as a “slap in the face” of all Guyanese of not just Indigenous persons, but all Guyanese. “It sends the message that the system works for some and against the masses when they are poor and disadvantaged.” And although Ali did state that the government allowed the system to work and never intervened, it still begs the question, “How can a system, inherently stacked against the poor and powerless, work in their favour?”
In the face of all that has transpired so far, the APA holds that the allegations against Dharamlall “remain grave”.
The release pointed to the President’s statement, “Nigel Dharamlall has committed to me that he will continue to support and be a member of the People’s Progressive Party and also be supportive of the government,” as indicative of its viewpoint.
The Minister of Amerindian Affairs, Pauline Sukhai, and the Indigenous Peoples Commission were also chided by the APA for their silence in the matter which the association stated, reinforced its belief that the protection of Indigenous peoples is not of importance to these two entities. Further, that the protection of Indigenous women and girls remains “all talk but no action.” The investigation and ensuing silence of its representatives has been interpreted by the association, “as a step back in addressing the sexual assault and exploitation of not only Indigenous women and children but also all Guyanese.”
The release reiterated the APA’s call for the conduct of all the agencies in this ‘investigation’ to be probed by an independent body and for the implementation of better systems to protect Indigenous women and girls from being preyed upon.
It also called on Minister of Amerindian Affairs to advocate for her people and the protection of their rights. “Indigenous peoples are not only valuable around election time, and it is time we start demanding respect from those elected to serve us and protect our rights,” the release added.
