Proposed child protection legislation all-encompassing

Jan 17, 2009 News

A person, who, by commission or omission, wilfully contributes to a child being in need of protective intervention, commits an offence and is liable on summary conviction to a fine of $200,000 or imprisonment for a term of six months.
This is according to the latest piece of legislation tabled in the National Assembly by Minister of Human Services and Social Security, Priya Manickchand.
Under the proposed piece of legislation, a person could now be found guilty of selling, giving, or causing narcotics to come into the possession of a child.
It will also now be an offence to expose to a child an obscene book or other printed material, copies of written obscene matter, an obscene picture, photograph, or pornographic material or model available through electronic means.
As in the case of several developed countries, causing a child to be in the possession of intoxicating liquor or tobacco products will (if the legislation is approved) be outlawed, and will cause the culpable persons to be guilty of an offence and therefore liable, on summary conviction, to a fine of $200,000 or to imprisonment for a term of six months.
The proposed legislation also targets persons licensed to sell alcohol, in that a person who is a holder of a licence who employs a child on a licensed premises that sells intoxicating liquor under the Intoxicating Liquor Licensing Act will be liable on summary conviction to a fine of $200,000 or to a term of imprisonment of six months.
Causing a child to become a prostitute in the establishment in which that child is employed will cause the owner thereof to be guilty of an offence under the proposed legislation.
Under the bill, entitled Protection of Children Bill, a child means a person under the age of eighteen years, whether born in or out of wedlock, who has never been married, and includes a stepchild, or child adopted by law, or a child of the family, except that in the case where a child has special needs, that child shall be a child under this legislation, regardless of age.
Minister Manickchand, in an invited comment yesterday, told this newspaper that the bill is one of five that has been in draft form for a number of years and which has gone through a number of consultations hosted by the GAWL (Guyana Association of Women Lawyers), UNICEF and the Ministry of Human Services and Social Security.
“The drafting of the ‘children’s bills,’ “ she said, “started under the stewardship of then Minister in the Ministry of Human Services, Indra Chandarpal, and continued under the guidance of Minister Bibi Shadick.
“This is the end product of the very many consultations and meetings held on this piece of legislation.”
The last such public consultation on this piece of legislation, according to Manickchand, was held at the Hotel Tower in November 2006, where the political parties in Parliament, except for GAP/ROAR (whom she insists was inadvertently not invited but who was apologized to and informed of the consultation and its decisions after) were invited and participated.
Other organizations that were invited to that consultation and made input to that and other consultations over the years are Help and Shelter, Red Thread, the WPO, the NCW, the Legal Aid Clinic, the Guyana Association of Women Lawyers, the Guyana Bar Association, children of various regions, and other members of the public.
Minister Manickchand said she is particularly grateful to the Guyana Association of Women Lawyers, and particularly to Rose Benjamin-Noble, who drafted the legislation and who worked tirelessly and patiently thereafter to iron out the kinks that were identified so that the bill could become one that was ready for presentation to the National Assembly.
The minister expressed confidence that this bill, if made law, would contribute to an environment that ensured the protection of Guyana’s children, but she cautioned that the “legislation is the first step on a long, long road.”
She emphasised that implementation after the passage of the bill would require dedication and diligence on the part of all involved in the enforcement (of this bill).” She continued: “This is an exciting time to be involved in any service that would be enforcing of this piece of legislation, whether as a practicing attorney, a member of the judiciary or magistracy, a social worker, or anyone else who might be interested in the children of Guyana being protected against the ills of the world.”

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Proposed child protection legislation all-encompassing

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