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Stricter penalties needed for public officials making racially insensitive comments – ERC Commissioner
The former ERC Commissioner, Pandit Deodat Persaud
Kaieteur News – Former Ethnic Relations Commissioner, Pandit Deodat Persaud has recommended stronger penalties for public officials who make racially insensitive comments. Following the expiration of the Ethnic Relations Commission (ERC)’s Board of Commissioners last week, Persaud published a list of changes needed within and outside of the ERC in a bid to foster better ethnic relations in Guyana.
While speaking to Kaieteur News yesterday, the former Commissioner expounded on his recommendation, stating that the stronger penalties are essential, since many loopholes allow public officials to get off with making insensitive statements. He outlined that many politicians are aware of how they can trespass the law as it relates to making racially insensitive comments, so what they do is operate within the law, while still causing some form of damage.
He pointed to the Racial Hostility Act, which allows for public officials to be held accountable for such statements, highlighting that there is where these loopholes exist and they need to be closed.
Persaud referred to the “loopholes” as a space that attracts trouble. In giving example, he said that during and after last year’s March General and Regional Elections, many politicians/public officials were found making insensitive comments. However, it was done in such a way that they did not directly violate the Racial Hostility Act but their remarks still had an impact on Guyana’s ethnic relations. He believes that such statements can cause the wrong kind of excitement within society which eventually slow the pace at which proper ethnic relations is achieved, and worst of all ,these persons will not be held accountable since they are not in direct violation.
Persaud had also made another recommendation which complements his call for stronger penalties. He had said that a Memorandum of Understanding should be generated with different countries to hold Guyanese accountable who are abroad and seek to make racist comments that affect those who are currently in Guyana. This includes public officials/ politicians.
He also suggested that a working relationship be developed with Facebook Incorporated, to better monitor and censor “race hate comments”. To that end, he stressed the need for the ERC to introduce the use of proper software to monitor complaints.
Further to that, he did acknowledge that there are a few laws that are stringent as it relates to holding public officials accountable for their snide comments. Pointing to the Representation of the People (Amendment) Act No. of 2001 which deals with racial hostility and elections, he revealed that politicians – if found making utterances that are racially inciting can be removed from the National Assembly or a local democratic organ or from holding any constitutional or statutory office for five years.
In addition, political parties have the right to disassociate themselves from any racial statement made by a member, and if that party is summoned and is found to have not distanced itself from said statement, its list of candidates can be refused by the Guyana Elections Commission for five years. The party can also be fined $500,000 if found culpable.
While these laws provide accountability, the former Commissioner is of the firm conviction that the loopholes need to be closed to foster better ethnic relations and provide more wiggle room to hold public officials accountable.
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