Fragility of women’s rights exposed in Dharamlall matter – GHRA

Jul 23, 2023 News

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Kaieteur News – The Guyana Human Rights Association (GHRA) believes that the recent rape allegations leveled against former Minister of Local Government and Regional Development, Nigel Dharamlall have exposed the fragility of women’s rights.

The former Minister was accused of raping a 16-year-old girl from Region Two. In a letter that was widely circulated, the teen shared the gruesome details of the alleged rape and sodomy that reportedly take place at the home of the Minister.

After the allegations surfaced, Dharamlall requested administrative leave, pending the outcome of a police probe.
The teen later told the Police she did not want to pursue the matter. This was followed by orders by the Department of Public Prosecutions (DPP) for the police to drop the investigations.

The announcement was met with widespread criticism from sections of society who contended that the investigations should not have been called off due to the teen’s discomfort in continuing with the matter.

In a letter to the Editor, the organization that was formed in 1979 to advocate for and protect the human rights of individuals and organizations, said that the widespread indignation generated nationally and abroad by the incidents surrounding ex-Minister Dharamlall needs to be mobilized to rehabilitate disordered power relationships affecting women and girls in Guyana.

The body described sexual violence towards younger females in Guyana as nothing short of an “epidemic”. It said that while this can be found in families between older male relatives and young girls, between female students and teachers, religious leaders, rapacious landlords, exploitative employers, and abusive boyfriends, and school-girls being enticed by lunch money and rides in cars from big men, these relational dimensions anchor women in situations of abuse, exploitation, fear, and ignorance.

“The common factor in all these relationships is the imbalance in power. A combination of party paramountcy and chauvinist culture appear to have successfully gotten rid of the allegations, it is not yet clear whether tables will be turned and the alleged victims charged with false allegations,” GHRA said, adding that “no other single incident has so clearly exposed the fragility of women’s rights in Guyana.”

The Human Rights advocacy group explained that the general public was scandalized by responses ranging from “spineless leadership” to “callous indifference and disregard” for the emotional needs of the victim, while the central priority of sexual violence cases, namely the welfare and emotional needs of the victim, was replaced by isolation and detention.

GHRA believes that the incident was a major test of the extent to which the reforms introduced by the Sexual Offences Act of 2010 had been internalized and become part of the culture of the legal, welfare, and judicial institutions.

It explained, “That Act promoted creation of the Child Welfare Centre, the abolition of Preliminary Inquiries (PI) – the tedious testing in Magistrates Courts of whether sufficient evidence existed for a trial. PIs had deteriorated to time-wasting, victim-baiting opportunities for lawyers.  Eventually, a specialized Sexual Offences Court came into being and the treatment of victims more professional and sensitive – use of rape kits, counsellors and women officials became more prominent in both police stations and court proceedings.”

To this end, the body questioned, “How over the interim decade did we get from this progress in managing of sexual violence cases to the national shamefulness of the Dharamlall matter?” It said that a response to this question needs to start with a realization that the problem of sexual violence in society is far more pervasive and widespread than the matters that reach to court.

In this regard, GHRA said reforms of the legal system’s response to sexual crimes only take effect once the victim has set the process in motion by making a report, however, the fact remains that a vast majority of victims of sexual violence are vulnerable by reason of age, poverty, social class, mental health, alcohol, drugs and isolated villages, therefore their cases do not reach the legal system.

According to the advocacy group, “Among the many lessons to be learned from this saga, one that looms large for the Guyana Human Rights Association, is the extent to which progress in the status of women has been built on the misleading premise that the empowerment of women can be achieved without the disempowerment of men. This encourages the illusion that empowerment is infinitely expandable and does not require confronting the myths and prejudices that make patriarchy so enduring.”

It believes that too many aspects of the case in question have been deliberately obfuscated, however, the overall deterrent effect on young women coming forward to register rape complaints in the future will remain the abiding signal contribution undermining women’s rights to bodily and mental integrity.

“This incident is a wakeup call to all organizations that provide ‘technical’ support services to victims of sexual violence to adopt a more robust, rights-based approach to their work. For the rest of us, it is clear that while acknowledging the improvements needed in the legal and judicial systems, the fundamental concern must be the welfare and well-being of the large number of vulnerable women and particularly girls who will not benefit from the judicial system until rights of women are available to all,” GHRA pointed out.

Notably, it urged that for the police and prosecution, and the population at large, the goal of a successful prosecution in rape cases is a conviction. For the rape victim, on the other hand, a successful outcome is primarily a matter of restoring her self-belief, safety, and well-being and vindication that she is not a liar.

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• Guyana Human Rights Association (GHRA), Local Government and Regional Development, matter, Minister, Nigel Dharamlall

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