Dear Editor,
The SN of February 6 reported that a child from Berbice was found guilty of wandering (‘Blairmont boy, 12, sent to NOC for three years’). Magistrate Hawke reportedly “lamented… the decision…”
Wandering is one of those colonial perversions we retain long after we gained independence. Slaves used to be beaten and flogged for wandering from their masters – escaping was an offence. Independent and Republican Guyana seems to want to accord children who are mostly escaping from abusive situations or situations of neglect, the same status as slaves, property to be moved from one place to another – in this case from familiar surroundings in Berbice all the way to Essequibo.
Section 15(1) of the present Education Act (under ‘Provisions for Enforcing Elementary Education of Children’) states:
“If any child is found habitually wandering or not under proper control or in the company of rogues, vagabonds, disorderly persons… he may be taken into custody by an attendance officer or other authorized person, or by any police constable authorized by the Chief Education Officer to detain children so found, until a complaint can be preferred against him and he can be brought before a magistrate.”
Help & Shelter in its submission to the Education Act Reform Taskforce had noted that truancy is more often than not the result of neglect and/or other forms of child abuse by caregivers and that section 15(1), which in effect criminalises a victim, should be repealed.
It was also noted that the 1995 Family Maintenance and Related Matters Committee (whose report was accepted by the government nearly a decade ago) recommended that:
“4. Section 15 of the Act should be transferred to the new Children Act and amended accordingly as it provides for children found habitually wandering, or in the company of criminals. This ought not to be regarded as an offence, and no complaint should be brought against a child.
“11. All drop-outs should be encouraged to re-enter the school system, and social welfare organisations should be encouraged to provide necessary support services.”
The 2005 UNICEF/Ministry of Labour, Human Services and Social Security/Red Thread Report ‘Voices of Children: Experiences with Violence’ had reported about the NOC that “The majority of children spoken to in the NOC had experienced serious and frequent physical and emotional abuse at home and this abuse had often contributed to the events which led them to be committed to the NOC. [Children who run away from abusive homes and are committed to the NOC are] effectively being punished for trying to protect themselves from abuse.”
Another Berbice Magistrate had sentenced a girl to the NOC, despite the reports about the girl’s family. Concerned magistrates should stop sentencing children to the NOC and start bringing charges against the agencies and individuals who should ensure that children have safe environments in which they can be nurtured.
We should be ashamed that wandering is still an offence in our laws.
Yours faithfully,
Vidyaratha Kissoon
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Agree with you, Vidya. But it will take a legal process to remove that law from the books, starting with making representations before the appropriate commission or body. Did you?
MXQ, you have called on Vidya to seek the involvement of appropriate commissions or bodies to repeal the law of wandering. I go further; lets call on the opposition parties to take the lead on this issue. According to Vidya, Guyanese courts, led by magistrates have repeatedly used this “medieval law” of “wandering” (in the US its called loitering) primarily aimed at oppressing poor children and families. Let me put it to bloggers, if the child of a government minister was caught “wandering/loitering” that child would never be treated as a wanderer/loiterer; so why should the children of poor families be so victimized? The effect of criminalizing poor children results in perpetuating their social condition even after they become adults. These children may be bright and have educational potential, which becomes diminished once they pass through the criminal justice system. Let’s join hands and voices with Vidya and work towards having this law repealed. ISNM
I disagree, if what Vidyaratha Kissoon has written, is accurate; This Law should be posted on the notice boards of all schools across the nation (public and private) for all children to know the consequences of ‘wandering’ aka liming.
Also, what should be offered in schools should be advice and confidentiality of any report the child makes about home abuse.
i agree with kissoon
Most of our laws are based on colonialized and primitive laws meant to keep our ancestors out of power. Change the system!
Yes Tessa ! Also, keep the natives in their places. The peace and harmony amongst the races about which the oldtimers talk , was reallly a subjugation with which they all identified. That was the common thread. One race was not better than the other, no matter how much each tried to push the claim. They have new task masters now, but the principles and practices remain the same.
V. Kissoon, you have done limited research into this issue. I say this based on your presentation by only citing education act 15(1). I think you should contact an attorney and other social pressure groups with your concern regarding the conduct of magistrates. It is clearly spelled out in the act you quoted that the police have authorization to enforce this act 15(1) acting on authorization of the Chief Education Officer. What you have not said is whether the arresting/detaining constable gets his authorization by first contacting the Chief Education officer or the act of detention is inherent in the responsibilities of the officer. I think there are other elements of your letter that are missing: Who prefers the complaint against a person found wandering? Where will the child be prior to being brought before a magistrate? Is it not the responsibility of the constable or attendance officer to contact the guardian of the child? How long prior to being taken before a magistrate can the child be held in custody? The conduct of magistrates seem bent on criminalizing children although there are legal, ethical and social responsibilities that demonstrate behavior modification regarding wandering can best be dealt with by village elders and in many cases the famuly of the child; your letter points to this fact. Here I agree with you VJ, that uncaring and ill-prepared magistrates should use social services other than jail cells to bring about required change to children. Enough is not being done for our children, whether in Berbice,Demerara or Essiquibo. Some may blame the government while others put blame squarely on the attitudes of parents. Our children are the future, don’t continue to criminalise them because of the sins of their parents.ISNM
totally in agreement with the writer, some of the laws existing in guyana needs to be upgraded, like for instance the word `bugger’ which is still being used to discribe a disgusting sexual activity, the legal process muct start as soon as possible to remove these outdated legal terms which were inplace since british guiana was created.
Kissoon’s arguments go overboard on the other side; you seem to wish to criminalise parents whose children go astray.
Vidya, along the way ..get rid of that constitution too
It is good to read these comments. Mr King and Ms Kamla, surely as a child you needed security and comfort, and many of the children who run away are running away from abuse, sometimes doubly in some schools.
There has been a discussion in Guyana I found out from a resident of Enmore, since apparently the 1950′s about what constitutes juvenile offences, and how rehabilitation could be done.
It is good to read these comments. Mr King and Ms Kamla, surely as a child you needed security and comfort, and many of the children who run away are running away from abuse, sometimes doubly in some schools.
There has been a discussion in Guyana I found out from a resident of Enmore, since apparently the 1950′s about what constitutes juvenile offences, and how rehabilitation could be done, and there were advocates apparently who were pushing for the reforms to recognise that many wandering children were sent wandering by parents so punishment was not the answer.