Guyanese takes Kwame/Julius issue to Geneva

Oct 09, 2009 Letters

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Dear Editor,
The following letter was sent to the Human Rights Council and copied to the Speaker of the National Assembly and member of the Cabinet.
Human Rights Council and Treaties Division
Complaint Procedure
OHCHR-UNOG
1211 Geneva 10, Switzerland
To the Human Rights Council and Treaties Division,
For the Attention of the UN Commission on the Rights of the Child
Re: Sexual solicitation of a child by an adult male, who is a member of the Committee on the Rights of the Child for the country state of Guyana.
This is to bring to your attention a recent highly publicized case in Guyana regarding sexual solicitation of a child allegedly by an adult male who is a committee member on the Rights of the Child (ROC) for the country state of Guyana.
The basis of the allegation is evidently supported with a taped recording of the male minor who was born on August 18, 1994, is therefore 15 years old, and has confirmed to having engage in a conversation with a male, whose voice is purportedly that of ROC Committee Member Mr. Kwame McCoy who is also Press Liaison Officer to the President of the Republic of Guyana and a prominently known public official, and media personality.
Based on information provided by the independent daily Stabroek Newspaper, telephone records correspond to show a twenty (20) minute call on September 9, 2009 between a cell phone belonging to the youth ( allegedly by Mr. Mc Coy) and telephone number 223-7502 assigned to Mr. Kwame McCoy at the Office of the President. During the call the adult male was addressed as, “Kwame”.
The mother of the child involved has identified the voice as that of her son who has admitted that he was engaged in the conversation with Mr. Mc Coy who was enticing and rationalizing a sexual encounter between the two.
Details of this conversation and media coverage of the issue can be obtained from the following sources: StabroekNews.com, and kaietuernews.com. The taped conversation can be heard on the GuyanaObserver.org which was responsible for the release of the taped conversation. This issue currently has widespread media attention in Guyana as both sodomy and sexual predation and solicitation of a minor are illegal acts in Guyana. Mr. Kwame McCoy has denied the allegation calling the phone call a fabrication. He was granted a temporary injunction by court in Guyana against the media houses reporting this news, but this was subsequently dismissed.
Article 34 of the United Nations Convention on the Rights of the Child, states that parties undertake to protect the child from all forms of sexual exploitation and sexual abuse and therefore seek measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity.
Guyana is a signatory to this convention and has recently appointed members to sit on the national Committee of the ROC including Mr. McCoy who was nominated by the government Ministry of Human Services and Social Security in accordance with Resolution No.60 of 13th June, 2008, and Article 212U (2)(a) of the Constitution. His nomination was seriously opposed by the main Opposition parties, the Guyana Human Rights Association and members of civil society, who have stated that he was unsuited for the Committee’s membership given his current political appointments, lack of impartiality and questionable integrity.
Despite much public condemnation and protest, top level government officials have claimed not to have heard the tape and the statements of the President of Guyana and that of the Guyana Police Force regarding an investigation do not seem committed and serious to addressing the allegation.  Recent media reports have stated that Mr. Mc Coy has since proceeded on leave with full pay and has left the country for a neighboring state.
The lack of serious action or apparent non- action by government and the Guyana police Force in light of this tape revelation therefore appears to be an attempt for the issue to fade away over time without any proper investigation. It is illustrated in the main opposition party’s statement (10.2.08 KN ) that said, “The PNCR has expressed pessimism that any action will be taken against McCoy, without the insistence of the people of Guyana”.
This lack of action also gives the impression that the high ranking government officials, the rich and the well connected are above the law. It is important that the nation’s youth must be protected, the Rights of the Child must be upheld by all, and the integrity of the ROC Commission must not be besmirched by any blemishes of the Commissioners whether these are real or perceived regarding engagement in acts of child predation, sexual solicitation, abuse or other criminal behaviors.
It has also been brought to public attention, according to KN 10/01.09, “Since the members of the Commission were sworn in on May 8, no meeting has been called to elect a chairperson, and as such the Commission is currently now not functioning. A further concern is the fact that the constitution stipulates that the Secretariat for the Human Rights Commission will serve as the secretariat for the Rights of the Child, Indigenous, and the Gender Equality Commissions, but there is no Human Rights Commission as yet.” The fact that the ROC Commissioners cannot convene a meeting due to technicalities of there being no Human Rights secretariat is unacceptable and shows a lack of commitment to these fundamental human rights mechanisms to protect the Rights of all citizens especially our children.
To preserve the integrity of the Commission on the Rights of the Child and the honorable work it is mandated to perform, as a citizen of Guyana I therefore implore on the UN Commission on the Rights of the Child to use its leverage and influence to achieve the following actions:
1.   That the Speaker of the National Assembly call for President Bharrat Jagdeo to convene a tribunal to investigate allegations that Rights of the Child Commissioner, Kwame McCoy, is recorded soliciting sexual favours from a 15-year-old boy. This is supported by ROC Commissioner, Vidyaratha Kissoon who pointed out that” the constitution suggests that the Speaker of the National Assembly, who is the prescribed authority (Article 212 Y (4)), can request of the President that the removal of the officer be investigated, following which a tribunal is established from within the Judicial Services Commission who could then investigate and make a recommendation.”
2.   To request that the Minister of Human Services and Social Security, Priya Manickchand, Chairperson of the parliamentary Standing Committee of Appointments, PPP/C MP Gail Teixeira, and the Commission on the Rights of the Child for Guyana or any other responsible official use their respective office to demand that Mr. Kwame McCoy a member of the Commission on the Rights of the Child for Guyana to immediately step down from this position, until a full and impartial investigation has been conducted;
3.   That the Guyana Police Force expeditiously conduct a serious and committed criminal investigation into the recording to establish its authenticity , the voice alleged to be Mr. Kwame McCoy and to determine what laws were violated and file the appropriate charges;
4.   That the child and his family be given counseling and support from the state to return to a life as close to normalcy as possible; and
5.  That the government of Guyana immediately ensure that all Rights Commissions be immediately set in place to protect the Rights of Guyanese.
Should this matter involving the most vulnerable segment of the Guyanese population be allowed to go uninvestigated and unpunished  then the work of the Guyana ROC will be in disrepute even the effectiveness of the United Nations work aimed at protecting children in Guyana would be questionable.
There must be no appearance of sending a subliminal message to abusers of children all over that sexual involvement with children is permissible if one has the financial or political connections in Guyana as this may open our country to tourist adventures and domestic exploitation of our youth.
Thank you for your review of this request. If contact is required, I can be reached at [email protected].
David Olton, Former Youth Leader

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