Dear Editor,
I have read Minister Manickchand’s strident response to my comments as reported in the press, and despite the fact that she has totally misunderstood them, I will refrain from engaging in a public debate on the safety of young children left vulnerable and unprotected.
I do need to say that Minister Manickchand talks a good talk and we hope that she will walk a good walk by seeing all the legislation through to the stage of enforcement.
She needs to rest assured that my admiration, respect and support for her, and her work in protecting the vulnerable men, women and children in our society from sexual predators, remains intact, even in the face of our obvious and very public differences of opinion.

Raphael Trotman

Source: https://www.kaieteurnewsonline.com/2009/10/21/minister-manickchand-talks-a-good-talk/

Minister of Human Services and Social Security, Priya Manickchand, during a recent debate in the National Assembly on the Children’s Bill said that there are several pieces of legislation being debated and passed that will require the services of a family court dedicated to disposing of such matters efficaciously.
Manickchand told the House, “The governing party with its usual vision, anticipated and expressed a commitment in its 2006 manifesto to establish a family court.” The government has evidenced its commitment to establish the family court by approving last year, at the level of the Cabinet, the establishment of such a court.
The actual establishment, Manickchand told the National Assembly, is now dependent on the administration of justice. She expressed the hope that those arrangements be made with dispatch.
According to Manickchand, family matters are already being dealt with in the High Court but there should be the assigning of a specific Court to deal with family related matters. Manickchand told the National Assembly that she is not of the view that the country needs to wait on the actual construction of a separate building before the court can begin sitting and hearing matters.
This, she said, would be a step in the right direction, given that money has already been allocated for the construction of such a court. This was mentioned by the Finance Minister Dr Ashni Singh during his 2009 Budget presentation.
Matters to be dealt with in the proposed family court, according to Manickchand, include but is not limited to the dissolution of marriages, breach of contract of marriage, alimony and maintenance orders for deserted spouses, proceedings under the Married Persons Property Act and under the Family and Dependants Provision Act as well as any proceedings under the recently approved Adoption of Children Bill as well as Protection of Children Bill among others.
The allocation of funds for such a court is contemplated against the background of the wider Justice Sector Reform Strategy which is aimed at improving the justice sector and the services it provides.
According to Manickchand, family matters in the High Court take just as long as some other cases, and even longer than many.
She added that it is an even more horrendous situation in that the lengthy time a matter takes to be disposed of presents much hardship and danger to the litigants who in most cases are women and children.
The establishment of a Family Court will result in more speedy, sensitive and effective resolution of matters involving the family.
According to Manickchand, the establishment of such a court should see the persons on the bench being a Judge vested with the same authority of that of a High Court Judge.
Manickchand said that the maximum number of judges may be prescribed from time to time by order of the President, but she was confident that his decision would be conducive to the reality in the judicial system as it relates to the amount of cases before the court as well as the average amount of family related cases filed each year, balanced with our resources as a country.
The Minister added, too, that a unique opportunity has also presented itself with the legislation approved for the use of audio/visual and research has shown that sex offences courts with the special feature result in more equitable justice with more convictions being obtained.
She added that the Sexual Offences Bill is in its final draft and will be tabled in the National Assembly shortly and that piece of legislation provides for the usage of the audio/visual features.

Source: https://www.kaieteurnewsonline.com/2009/05/26/manickchand-calls-for-speedier-implementation-of-family-court/

Calling on men to stand up in opposition against all forms of violence, especially the rampant plague of violence against women, the Men Empowering Network (MEN) yesterday launched an ambitious agenda to tackle the problem through direct engagements across the country.

On the platform of “a different approach,” MEN has proposed to uproot the scourge of the problem by insisting that domestic violence never be treated in isolation as simply a woman’s issue, but rather a threat to the civil liberties of the entire populace. By addressing what it says is a culture of abuse in the country and focusing on how young men are socialized in the society, MEN proposes a strategy of examining the causative and contributive factors to the problem.

The issues of power and control and how they translate in the man/woman relationship were prominent in the discussions at the International Convention Centre yesterday, where MEN outlined what it intends to do within the next few months under the theme, ‘Confronting Domestic Violence’.

It is working in collaboration with the Ministry of Human Services and Social Security.

MEN’s Chairman Reverend Kwame Gilbert explained that there is a crucial need to arrest and change the culture of abuse and not simply to stop the violence that is, “sometimes overlooked as a private matter between a man and his woman.” He spoke of the difficulties in relationships, saying that violence is often minimized and justified because there is no clear definition of what constitutes abuse and the difference between what is harmful and harmless. In the context of such a relationship, he said, violence is also reframed to protect the positive aspects of the union.

But he stressed that there can be no compromise. “I wish to insist that the compromise of one’s safety and dignity for the security and/or pleasure of a body in bed is a foolish and dangerous trade-off,” Gilbert declared.

He underscored the issue of domestic violence being tied to the general nature of how people interact with each other in the society, noting that people have lost the ability to resolve their differences in a non-violent, humane and civilized manner and that acrimony and contention seem to be the first response to almost every issue.

MEN intends to offer alternative forms of conflict resolution and promote a culture of non-violence as it engages young boys and men at the community level and within faith-based organisations.

Minister Priya Manickchand endorsed the comments made by Gilbert, pointing to crucial need for an organization like MEN. She noted that prior to the launch of the group there had been no major and sustained movement by men to tackle the issue.

She lamented the recent murders of women in the country and the increased reports of abuse being perpetrated against women and children, noting that legislation would be introduced shortly to support existing initiatives.

Manickchand made the link between men’s involvement and the success of programmes implemented to address the issue of domestic violence saying that she had hoped for an earlier intervention.

Meanwhile, Prime Minister Sam hinds reiterated what Manickchand said on the issue of men getting involved. He also called for a compassionate approach by men in an effort to change attitudes in the society.

British High Commissioner to Guyana Fraser Wheeler also commented to the media after the session that domestic violence is “a real constraint” on the development of the country, but noted that the administration has been making commendable strides, with Manickchand at the helm.

He said too that the partnership between men and government is important while noting that it is also very important that the new legislation is implemented fully.

Source: https://www.stabroeknews.com/2009/news/stories/05/26/men-joins-fight-against-domestic-violence/

Minister of Human Services and Social Security, Priya Manickchand, during a recent debate in the National Assembly on the Children’s Bill said that there are several pieces of legislation being debated and passed that will require the services of a family court dedicated to disposing of such matters efficaciously.

Manickchand told the House, “The governing party with its usual vision, anticipated and expressed a commitment in its 2006 manifesto to establish a family court.” The government has evidenced its commitment to establish the family court by approving last year, at the level of the Cabinet, the establishment of such a court.

The actual establishment, Manickchand told the National Assembly, is now dependent on the administration of justice. She expressed the hope that those arrangements be made with dispatch.

According to Manickchand, family matters are already being dealt with in the High Court but there should be the assigning of a specific Court to deal with family related matters. Manickchand told the National Assembly that she is not of the view that the country needs to wait on the actual construction of a separate building before the court can begin sitting and hearing matters.

This, she said, would be a step in the right direction, given that money has already been allocated for the construction of such a court. This was mentioned by the Finance Minister Dr Ashni Singh during his 2009 Budget presentation.

Matters to be dealt with in the proposed family court, according to Manickchand, include but is not limited to the dissolution of marriages, breach of contract of marriage, alimony and maintenance orders for deserted spouses, proceedings under the Married Persons Property Act and under the Family and Dependants Provision Act as well as any proceedings under the recently approved Adoption of Children Bill as well as Protection of Children Bill among others.

The allocation of funds for such a court is contemplated against the background of the wider Justice Sector Reform Strategy which is aimed at improving the justice sector and the services it provides.
According to Manickchand, family matters in the High Court take just as long as some other cases, and even longer than many.

She added that it is an even more horrendous situation in that the lengthy time a matter takes to be disposed of presents much hardship and danger to the litigants who in most cases are women and children.
The establishment of a Family Court will result in more speedy, sensitive and effective resolution of matters involving the family.

According to Manickchand, the establishment of such a court should see the persons on the bench being a Judge vested with the same authority of that of a High Court Judge.

Manickchand said that the maximum number of judges may be prescribed from time to time by order of the President, but she was confident that his decision would be conducive to the reality in the judicial system as it relates to the amount of cases before the court as well as the average amount of family related cases filed each year, balanced with our resources as a country.

The Minister added, too, that a unique opportunity has also presented itself with the legislation approved for the use of audio/visual and research has shown that sex offences courts with the special feature result in more equitable justice with more convictions being obtained.

She added that the Sexual Offences Bill is in its final draft and will be tabled in the National Assembly shortly and that piece of legislation provides for the usage of the audio/visual features.

Source: https://www.kaieteurnewsonline.com/2009/05/26/manickchand-calls-for-speedier-implementation-of-family-court/

-reaping of financial rewards to be criminalized

Two bills, which seek to modernize the laws governing the legal status of children and adoptions, were yesterday unanimously passed by the National Assembly, in a move deemed as progressive in the effort to protect the basic human rights of Guyanese children.

The two pieces of legislation were passed with amendments after each of the two bills was sent to a Special Select Committee for consideration and report.
The Status of Children Bill 2009 will pave the way for all children, whether they are of biological parents, adoptive parents or born in or out of wedlock, to have equal legal status. It will also give the courts the right to declare on application to determine parentage and cater for parentage testing procedures like DNA testing, among a host of other reforms.

The Status of Children Bill 2009 will repeal and re-enact the provisions of the 1983 Children Born Out of Wedlock (Removal of Discrimination) Act 1983, and sets out the manner in which wills or other instruments made on and after May, 1983 are to be interpreted.

Meanwhile, the Adoption of Children Bill 2009 stipulates that authorities charged with making adoption orders consider the best interests of the child, both in childhood and in later life as being  “of paramount consideration.” It provides that the adoption is to be regarded as a service for the child and not for adults wishing to acquire the care of the child. Indeed, the Bill states that no adult has a right to adopt the child and if the child is able to form his/her own views on a matter concerning adoption, he/she shall be given an opportunity to express those views freely and those views are to be given due weight in the circumstances. The law provides that the child’s given name or names, identity, language and cultural and religious ties should, as far as possible, be identified and preserved.

The bill proposes that determining the best interests of the child, the decision maker is to have regard to any wishes expressed by the child, the child’s age, gender, maturity, level of understanding, and background and family relationships and any other characteristics of the child that the decision maker thinks are relevant. Additionally, other factors to be weighed would include the child’s physical, emotional and educational needs, including the child’s sense of personal, family and cultural identity, as well as any disability that the child has, any wishes expressed by either or both of the parents of the child. The suitability and capacity of each adopter, or any other person, to provide for the needs of the child and alternatives to the making of an adoption order, are also to be weighed

Human Services and Social Security Minister Priya Manickchand described the bills as modern ones which benefited from widespread consultations and from the expertise of both local and overseas experts.
Speaking specifically about The Status of Children Bill, she said that this bill benefited from the expert advice of individuals from the Guyana Association of Women Lawyers as well as an expert from UNICEF, who was involved in the drafting of the bill. The Minister said that the bill sought to create an environment where discrimination against children cannot exist and added that the piece of legislation reflected the world’s changes since 1983. She stated that the bill, “unlike similar legislation in the region and internationally, takes into consideration advances in technology for assisted reproduction and eliminates areas of discrimination which persists in similar legislation elsewhere.”

In relation to the Adoption of Children Bill 2009, Manickchand pointed out that this piece of legislation was part of the PPP/C’s Manifesto of 2006 and reflects enlightened changes in the world and recognizes children’s rights. She said that the bill reflected the Ministry’s policy in dealing with children.

Manickchand also said that the bill brings the nation into conformity  with several international treaties including the Convention on  the Rights of  the Child and the Convention on the Elimination of all forms of Discrimination against Women as well as the RIAD guidelines which have been set up to protect minors.

According to Manickchand, whenever a child is found in difficult circumstances, he or she is removed from those circumstances. The child is then held in an environment that is child friendly, she added. She explained that every attempt is made to reintegrate the child with their family and she said that Ministry will offer parents what they need to ensure that child has what he or she needs.  She said that where children cannot be reintegrated with their parents, efforts will be made to foster them.  The Minister disclosed that a foster care programme is in the pipelines.  She said when this is not possible, they will be kept in institutional care.  She said that when these children can be adopted t hey will be adopted.  About 600 children are in orphanages locally, the Minister said.

She said the new bill will clarify issues relating to adoption and suggested that it would make the adoption process easier. The Minister, meanwhile, pointed out that in most local adoption cases, the children are adopted by relatives. She stated that there are few cases where “strangers” adopt children.

PNCR-1G MP Clarissa Riehl indicated her party’s support of the bill. She said that the bills were welcomed and acknowledged their usefulness in protecting the rights of children. In relation the Status of Children Bill, she identified this as being “comprehensive” and said that this was “21st century legislation”. She said that society had made progress in removing stigma attached to  children born out of wedlock and  said that this bill was a  continued step along the right direction.

Alliance For Change MP Latchmin Punalall, in her short presentations indicated her party’s support for both bills. Quoting from the Holy Bible, the MP emphasized that children were important to God and that parents had a responsibility to their children. Speaking about the Adoption Bill, she said that ideally a child should be brought up by their God-fearing biological parents, but pointed out that the society was far from perfect and as such adoption was necessary. While acknowledging the virtues of the bills, she emphasized that they needed to be executed in the best interests of the children.

Attorney-at-law Anil Nandlall spoke for the Government and said that the bill was a welcome piece of legislation even as he stated that the government has always placed emphasis on youth and their development. He said that the bill was necessary so as to address the changes in society.

He pointed out that the government did not hastily adopt the bills but had extensive consultations with various stakeholders in excess of a decade.
The attorney said that the implementation of the Adoption Board, which the bill proposes, is necessary and welcome.  He said that the new legislation also clearly identifies issues that were missing in the previous legislation. He identified the criminalizing of the reaping of financial rewards in the adoption process as an important issue addressed in this bill. He also said that the person who wishes to adopt a child must be 65 or younger. He explained that this was to ensure that the parent would be physically able to look after the child. He stated that under the new bill, when the child reaches a certain age must agree to the adoption. He also said that the bill addressed the issue of overseas persons adopting Guyanese.
PPP/C MP Mohamed Khan spoke on the Status of Children Bill while Government member Shirley Edwards spoke briefly on the Adoption Bill.

Source: https://www.stabroeknews.com/2009/news/guyana/05/22/modern%E2%80%99-child-adoption-bill-passed/

With the establishment of the Guyana Legal Aid Clinic (GLAC) at Fort Wellington, West Berbice vulnerable persons in Region Five will now have access to free legal services and be able to enjoy their rights in the courts.

At a small ceremony held in the compound of the Regional Democratic Council (RDC), Minister of Human Services and Social Services, Priya Manickchand  told the gathering that the clinic is one of the manifestations of the government taking services closer to the people. She said that those who stand to benefit among the vulnerable persons are the poor, the old and children.

Ironically while the ceremony was in progress a small group of mostly women and children who said they represented the poor stood outside the compound picketing the minister.

They were displaying placards some of which read, “Priya you betray the single parents,” “No money, no Carifesta,” “Priya fulfill your promises or go,” “Priya mothers are starving” and “Stop pretending Priya – Life is hard.”

According to the minister, “We don’t want to see our children out of school; we don’t want to see our children holding placards in their hands… we want to see our children cared for and protected.”

She mentioned too that two thirds of the people who are benefiting from public assistance are children and said that it would be increased by 63% this year and that pensions have been raised by 82%.

The clinic which is located in a section of the bottom flat of the RDC office would be run by a young lawyer, Yogini Lochan. She would be present at the office three days per week and will also serve at all the courts in the region, the minister said.

Referring to the clinic which was launched in Region 2 earlier this month, Manickchand said that 44 persons have already benefited from the service. She said out of those persons eight got advice and two were disqualified because they were thought to have sufficient means.

She added that 11 matters would be instituted in the magistrate’s court, 21 in the high court and four would be dealt with at both courts.
She pointed out that these persons would never have been able to have “legal services, access the court or enjoy their rights” if the government had not provided the funding for the expansion of legal aid services across Guyana.

She said that by the end of August legal aid clinics would be launched in Region 6 and Region 10.
Teni Housty, President of the Guyana Bar Association (GBA) reiterated that the legal aid clinic is one of the critical tools to promote access to justice. He noted that one of the fundamental flaws in the justice system in serving a community is the lack of access to justice.

He urged persons to think of the clinic as a source of information and as an alternative for resolving their disputes. He said that the clinic would assist in several areas including domestic violence and human rights. It would also help persons to gain individual strength and autonomy, he said.

Further, Housty said that the GBA would work with the clinic as a strategic partner, acknowledging that everything cannot be done by one dedicated lawyer. He pledged the support of the lawyers of the GBA.

In her address, Josephine Whitehead of the GLAC said that the sole purpose of the clinic is to provide free or subsidized service to persons and that all complaints of the exploitation of the service would be investigated.

Renai Mc Almont, assistant overseer of the Union/Naarstigheid Neighbourhood Democratic Council remarked that the clinic is a “dream come true for women who are battered from time to time or unjustly treated and are unable to afford legal fees.” 

The feature address was delivered by Speaker of the National Assembly and former director of the Board of Directors of the Georgetown Legal Aid Clinic, Ralph Ramkarran. Also giving brief remarks were Chairman of Region 5, Harrinarine Baldeo and Gem Sanford-Johnson, President of the Guyana Association of Women Lawyers. (Shabna Ullah)

Source: https://www.stabroeknews.com/2008/news/stories/06/28/legal-aid-comes-to-region-five/