Rights of the Child Commission defends work in wake of criticisms by Stabroek News

Chairman and Deputy Chairman Aleema Nasir (L) and Rosemary Benjamin-Noble (R)
Chairman and Deputy Chairman Aleema Nasir (L) and Rosemary Benjamin-Noble (R)

-says paid close interest  to Mahdia dorm fire, made several interventions

By Abigail Headley

Following criticism by Stabroek News, the Rights of the Child Commission (RCC)  has defended its performance and says it has followed closely and made interventions in key cases affecting children such as the Mahdia dormitory fire and the rape allegation against former Minister of Local Government Nigel Dharamlall.

In an interview with Stabroek News, it however acknowledged that challenges in its communications and public relations department might have hindered the circulation of updates on its work.

Earlier this month, Stabroek News sat down with the executive members of the RCC for a Q & A session. Deputy Chairman Rosemary Benjamin-Noble said that the Commission takes criticism seriously and is accountable to both the public and children.

Alluding to a Stabroek News Editorial penned on June 3rd, Benjamin-Noble stated:

“We take it in the spirit that is offered and we want to be able to share what we are doing. And also to address at least as best we can, the concerns that were raised in the editorial and because at the end of the day, we are accountable to the public and we also are accountable to children. We’ve been doing a lot more than what have been indicating, but we recognise that it may be a communication and a public relations issue in terms of getting the information out”.

One of the concerns raised in the editorial was the Commission’s handling of several cases of child rights violations, including the disqualification of Ezeka Minty and Zoriah Martindale from the Children’s Mashramani competition, and the alleged rape of a minor by former minister Dharamlall. The Commission admitted that it had not issued official statements on these matters.

Regarding the Minty case, Benjamin-Noble explained that the Commission had planned to engage with the Allied Arts Unit of the Ministry of Education but was asked to back off due to unknown reasons.

“We will be reviewing what are generally the rules and so on in relation to it… We wanted to look to see areas of if there was any discrimination if in fact, the assessment was fair or not,” she said.

As for the Martindale case, Benjamin-Noble acknowledged that she did not have much detail on the matter, but stated that the Commission would address it in a general sense. She emphasized that sometimes investigations require discretion and sensitivity to avoid causing harm to the child involved.

“Sometimes, with some investigations, there are limitations to what we can say because of some of what is revealed to us and the context in which it’s revealed to us. So, bearing that in mind, we also take note of what you have said, and we will have to try to find a way where we could provide the information to the public, but without saying too much that jeopardises the investigation itself or places… the child who is in the middle of it in a situation where they end up… sometimes these things go far and they have to face consequences in school from other children teasing them and that sort of thing. You have to be careful not to end up with a situation where it escalates in a direction we did not anticipate,” she explained.

Regarding the rape allegation against former minister  Dharamlall, Benjamin-Noble explained that the Commission had an investigative officer following up on the matter discreetly. However, when it became clear that the child did not want to proceed with the investigation, the Commission did not intervene further.

“At all material times, we were following through… We did not consider it necessarily helpful or that it would make a difference to issue a statement,” she said.

Counselling

When asked whether at any point since the issue arose there was any move by the Commission to offer or suggest counseling to the teenager in question, the Deputy Chairman emphasized that while the Commission cannot intervene in investigations, it can provide support and guidance. She also noted that at the time it was difficult to reach the girl or her family but that the Commission was aware that a child advocacy centre was providing support to the family, but when it became clear that nothing was happening, they would have intervened.

“The family was not available. Because remember the family was with the child right? Though of course I don’t want to say what it is we did because then it compromises some things and it compromises some people. But we were aware that the advocacy centre was doing what they were supposed to do. And at one point all seemed to be well, and then we began to get information that suggested that all may not be going quite the way that it was expected to go, and I’m when I say expected to go I’m talking about what the public basically had hoped for,” she explained. The Commission also acknowledged that it may not always have enough resources or money to undertake its work effectively. Nevertheless, Benjamin-Noble emphasized that despite these challenges, they are committed to doing their best for children.

Concerning the Commission’s response to the Mahdia fire which claimed the lives of 20 children last March, the executive members of the RCC noted that the Commission visited the affected areas, including Mahdia, to assess the situation and provide support to the children. Benjamin-Noble also related that on the day that the incident occurred the Commission responded promptly and sent a team to the scene.

Necessary steps

According to Commissioner Sandra Hooper, the Commission ensured that the responsible agencies and organizations were taking the necessary steps to address the situation. She emphasized that while they did not step in to take control of the situation, they worked with the relevant authorities to ensure that the children’s rights were protected.

The Commission’s efforts included visiting survivors at the survival centre, where they ensured that they were receiving adequate care and counseling. They also met with psychologists and psychiatrists, as well as regional officials, parents, and schoolmates to gather feedback and concerns.

Not only were the survivors and victims visited by the RCC, but visits were also paid to the girl who allegedly set fire to the dorms. According to the Chief Executive Officer Andre Gonsalves, the Commission looked into whether she was receiving the care and fair treatment that was needed.

“We also visited the Virtual Complainant to ensure that her rights are also protected. She’s currently at the survival centre and we have visit[ed] her on several occasions. The last visit would have been in April where we inquire[ed] whether or not she is satisfied with (her)  legal representation, whether or not the treatment meted out to her at the institution is not …cruel and unusual, that there was no difference between her and the other juveniles that are incarcerated there,” he explained.

It was also highlighted that the Commission has been working on a project with UNICEF to provide legal aid services to children at risk. The project, which was launched in 2020, involves a partnership between the Guyana Legal Aid Clinic and UNICEF. The clinic provides free legal counseling services to children, and the commission ensures that every child has access to these services.

The executive members further related that the RCC has also been actively addressing issues related to corporal punishment in schools. Benjamin-Noble expressed concerns about the prevalence of corporal punishment in Guyanese schools and emphasized that it is detrimental to children’s well-being. She noted that while there are some schools that do not practice corporal punishment, it is still a widespread issue.

The Commission, she pointed out, has been advocating for alternatives to corporal punishment and has presented its findings to various stakeholders, including Parliament’s Social Services Sector Committee. Despite progress being made, Benjamin-Noble acknowledged that there is still much work to be done to eliminate corporal punishment from the education system.

In response to a query about school fights and altercations between students at Queenstown Secondary, it was explained that the commission did look into the matter and referred it to the Ministry of Education. Regarding the recent brawls between local and migrant students, the members noted that the Ministry of Education has since rolled out a policy on integrating migrant children into the school system, which was a result of dialogue between the Commission and ministry officials.

Stabroek News also heard that the Commission is working with the Restorative Justice Centre on implementing restorative practices in educational settings. According to the executive members, this involves training guidance counselors and teachers on using restorative justice principles in the classroom.

Outreach programmes

During the interview Chairperson Aleema Nasir and

the other executive members shared their experiences and plans for the remainder of the year. The RCC, Nasir said, has been conducting outreach programmes across the country, targeting vulnerable communities and groups. One such programme saw a psychologist working with children on issues related to drug and alcohol addiction, as well as internet addiction.

The RCC also visited various schools, including St. Joseph High School and an Islamic School in Port Mourant. Further, the Commission launched a booklet called “Breaking Free of Teenage Drug Abuse” written by a psychologist (Dr. Mohamed Abdol Hakim) who works with them. Additionally, juvenile homes and rehabilitation centres were visited for the Commission to provide support and guidance to young people.

The members revealed that for the remainder of the year, the RCC plans to draft a strategic plan and develop manuals on drug and alcohol addiction. They will also continue their outreaches, with a focus on alternative punishment and positive reinforcement.

Having pioneered a group of child rights ambassadors, the commission has a complement of about 40 young people who have been trained to learn about their rights and become advocates for children’s rights in their communities. These ambassadors recently participated in a workshop on climate change and its impact on children.

Furthermore, the commission has been working with UNICEF on various projects, including a programme that targeted vulnerable communities affected by COVID-19. The members indicated that hampers with vouchers for supermarkets to support school feeding programmes or community initiatives were distributed.

In another initiative, the RCC members said they collaborated with UNICEF to install garbage bins on Carmichael Street in Georgetown, which was a brainchild of a resident with disabilities who wrote an essay on the importance of keeping their community tidy. The Commission has also been conducting research on issues affecting children, including homework overload caused by COVID-19. They found that many students were struggling with excessive homework, which led them to provide support to vulnerable communities.

Moving forward, the Commission pledged to be more forthcoming on their activities regarding serious matters. Benjamin-Noble told SN that they will work on getting a bi-monthly newsletter sent out as well as use resources to get the Commission’s social media page more active in this regard.

The SN editorial had said “It will be charitable to say that the RCC shows no evidence of performance. Even if it is operating behind the scenes it has no public profile. It must be a public and fearless defender of child rights. That, it is not. Considering the level of abuse of children here and the violations of their rights, the RCC just does not register on the radar”.  

The editorial had also adverted to an interview with the Sunday Stabroek,  where Roberta Clarke, President of the Inter-American Commission on Human Rights said that national human rights commissions hold the state accountable and should be robust, independent and autonomous. She noted that they are established to receive information from people who perceive that their rights are threatened or violated and to monitor and advise the state so the state meets its human rights obligations.