Member of Parliament and Senior Counsel Roysdale Forde yesterday blasted a planned government payout to the families of the 20 children who died in the Mahdia dorm fire and which would constitute a settlement of any possible claim arising against state.
Forde, A Partnership for National Unity (APNU) shadow Minister of Legal Affairs said he expected the sum enshrined in the agreements signed with the families to be a “token presentation” of the compensatory package to come.
“I expect the sum announced by the Government to the families who suffered in the Mahdia Dorm fire to be a token presentation of the compensatory package to come, for G$5 million (or US $25,000) for death, and G$3 million (or US$15, 000) for the lifetime of trauma and injuries the children and families must endure is no compensation”, Forde said about the agreement which was reported in the media on Monday.
He also took aim at the appearance of an attempt to pre-empt the Commission of Inquiry which is to examine the May 21, 2023 dorm fire which killed the children.
“I categorically condemn the preemptive posture of the Government and hope it is not their intention to by-pass a credible and independent inquiry into the circumstances surrounding the disaster that took 20 young lives, and any acceptable monetary compensation that must also form part of the Terms of Reference”, he asserted.
Forde argued that the “miserly sum” cannot compensate for the lives of the children. He said that the government must therefore make public what formula they used to “price the grief, because it appears as though they just plucked a number from the sky”.
He said that the sum offered reeks of Government manipulation to avoid the arms of justice from holding the Government accountable for their failure to provide safe and secure housing for the children.
“The parents of Mahdia must not accept this undervaluing of their children’s priceless life. Whilst no amount of money can meet the value for each single life, each family’s loss and trauma, at least some decent effort should be made to show that in this oil rich country, the fastest growing economy in the world, human life is not cheapened and has value”, he argued.
He said that the agreement the Government had the family or guardian sign for $5 million or $3 million as a form of financial aid to constitute a settlement of all claims and actions in relation to injuries resulting in death or not, that stemmed from the fire was unacceptable.
“We need to address our minds to whether these persons were coerced to sign without full understanding of the ramifications”, he declared.
He said that he was inclined to believe that the manner in which the Ali Government sought to sequester the families immediately after the tragedy was guided not by care nor compassion but sinister motive, now made clear by a document families signed absolving the government for any future potential claims for liability and injury. “This must be rejected”, he declared.
“This is an insult to our Indigenous community and reinforces my belief the Government does not care about our First People. All the talk about the Indigenous people is only talk because their rights are being eroded under this Government every day. … Our First People must tell the Irfaan Ali Government they are not for sale”, Forde railed.
A statement on the agreements was issued on Monday by the Attorney General’s Chambers following media reports on it.
Prior to Monday, the Guyana Government had not disclosed the construction of the agreements with the families and more importantly that the families were accepting a settlement of possible claims.
Observers say with a Commission of Inquiry into the fire still to be convened the government was trespassing on territory that would traditionally come within the ambit of a CoI and the affected families may not have been adequately aware of what they were signing to.
According to sources, the agreements were entered into earlier this month in Mahdia and Micobie and the signatory on behalf of the Government of Guyana was Peter Ramotar, the Regional Executive Officer of Potaro/Siparuni.
The agreement stated that the government has committed to support the families of the victims in as many ways as possible and it cited transportation to and from Georgetown, accommodation and other types of support including psychosocial assistance in the city, all possible medical assistance in the country as well as overseas, funeral arrangements as well as related expenditures, the replacement of all items destroyed in the fire and other forms of support.
The agreement then goes on to state that the government was offering $5m to the parents or guardian of the victim as a form of financial aid which shall constitute a settlement of all claims and actions in relation to injuries resulting in death or not that stemmed from the fire on May 21, 2023 at the Mahdia Secondary School Dormitory.
According to sources, the agreement went on to recognise that the signatories had completely read and understood the terms and voluntarily accepted it for the purpose of a compromise and the settling of all potential claims for liability and injury.
It further contended that independent legal advice on the agreement had been offered and/or received by the signatories. It is unclear who provided legal advice.
Following media reports on the agreement, the Attorney General’s Chambers on Monday confirmed its existence and said that a full accounting of the monies expended will be provided in “due course”
The statement said that from the beginning, the Government made it “abundantly clear” that it will offer every type of assistance possible and necessary to the victims and families of the dormitory fire.
“Thus far, medical treatment has been offered both locally and overseas, all transportation to and from Region 8 to Georgetown and accommodation in Georgetown were provided, all funeral and related expenses have been paid, and all personal items destroyed in the fire have been purchased and delivered. Psychosocial assistance, including counselling, has also been provided.
“The Government pledges to continue to offer support and assistance in various ways to enable the families to continue to cope with, and recover from, this horrendous tragedy. In this regard, many family members requested cash which they could use to make purchases that would enhance their ability to continue to provide for their families. In response to these requests, Government offered each family financial assistance, and the families were requested to sign an agreement having received independent legal advice. The process of providing this financial assistance is ongoing. In the Agreement itself, Government pledged to continue to offer such support as may be necessary to the victims and their families. Given that public monies are being expended, and recognising that these expenditures will have to be transparently accounted for, the agreements were reduced into writing. Thus far, all the affected families engaged have signed agreements”, the statement said.
The agreement also said that no party to it admits any liability as a result of the fire.
It added that a full report of all monies expended in relation to the tragedy will be made public in due course, as the process is a continuing one.
