Dear Editor,
A few weeks ago, SN published a letter condemning alleged racial attacks against Ms. Shawnette Bollers by attorney-at-law Mr. Nirvan Singh. At the time of writing, we were “unaware of any action taken by the Guyana Police Force to charge the alleged perpetrator and had not heard or read of any concern or condemnation expressed by the government about the alleged incident.”
Since then, Ms. Bollers’ private criminal charges against Mr. Singh under the Racial Hostility Act have been withdrawn by the DPP on the basis of her opinion that the charge/ offence was not in keeping with Guyana’s Racial Hostility Act. Whatever the merits or demerits of this Act and its relevance, the fact remains that these allegations made by Ms. Shawnette Bollers, a special constable of the Guyana Police Force that she was assaulted, chased and subjected to vile racial slurs while on official duty at the home where Mr. Nirvan Singh lives continue to be credible and need to be investigated by the relevant authorities.
We reiterate that:
“If the allegations are true (and we have no reason to believe otherwise), yet another gaping hole will have been punched in the government’s One Guyana slogan. We continue to see and witness actions which appear to contradict racial and ethnic unity and equality and equity. Discrimination continues to stalk Guyana and cannot be wished away by nice words and photo shoots. For Guyana to fulfil its mandate of one people, one nation and one destiny, we all must recognize that we are a multi-racial, multi-ethnic country and find all means to ensure that all ethnic groups, be they the majority or a minority, have confidence that any and all discrimination on the basis of race, sex, gender, geography, social status, sexual orientation, disability, religion or political affiliation (perceived or otherwise) will not be tolerated.
We remind everyone that Guyana is not only a signatory to but has ratified the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which states in Article 2 (a) “Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local shall act in conformity with this obligation.”
We also remind the Government of Guyana of their response to OHCHR Questionnaire (para 4 of A/HRC/21/30) September 8, 2014 on the issue of discrimination and racial discrimination in particular, in which they cited protective measures already enshrined in Guyana’s constitution, article 149 (1) and (2)
“(a) no law shall make any provision that is discriminatory either of itself or in its effect and that (b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.” “discriminatory” meaning…….. by race, place of origin, political opinion, color, creed, age, disability, marital status, sex, gender, language, birth, social class, pregnancy, religion, conscience, belief or culture”.
Article 154(A)(1) provides that “every person, as contemplated by the respective international treaties set out in the Fourth Schedule (which lists the human rights treaties Guyana has ratified and acceded to including CERD), is entitled to the human rights enshrined in those international treaties, and such rights shall be respected and upheld by the executive, legislature, judiciary and all organs and agencies of the Government and where applicable to them, by all natural and legal persons and shall be enforceable in the manner hereinafter prescribed”. And Article 160A(1) provides that all persons, institutions and political parties are prohibited from taking any action or advancing, disseminating or communicating any idea which may result in racial or ethnic division among people.
The Guyana Government is also reminded that in 2014 they reiterated to the OHCHR that the 2002 amended Racial Hostility Act 1964 makes it a criminal offence to excite hostility or ill-will against persons by reason of their race and prohibits incitement to racial hatred, punishable if one willfully excites or attempts to excite hostility or ill will against any section of the public or against any person on the ground of their race. This can include words spoken, written, or published. Upon conviction, a person is not eligible to stand for public office for a period of five (5) years commending from the date of conviction. The 2002 amendment provided for increased penalties for the commission of offences and evidential issues.
As such, we call on the relevant authorities including the DPP to ensure that Ms. Shawnette Bollers’ case receives a fair and impartial hearing, and that the DPP’s withdrawal of the private criminal case will not preclude or prevent the State authorities and the DPP from using all other relevant laws and legislation to ensure justice is fully served and that Ms. Bollers is afforded the right to have her day in court and for justice to prevail.
We also call for a review of existing legislation and for new legislation to be enacted as soon as possible so that Guyanese of all ethnicities and race are afforded additional protection under the law against all acts of racism as set out in the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
We note with deep concern that Guyana has still not developed a specific national action plan to combat racism, racial discrimination, xenophobia or other forms of intolerance. This must be given the highest priority.
We stand in solidarity with Ms. Shawnette Bollers and all survivors of racial and ethnic discrimination in their struggle for justice and a society where racism and racial violence is eliminated.
End racial & ethnic discrimination & hate speech in words and action now.
Yours faithfully,
Danuta Radzik
Josephine Whitehead
Akola Thompson
Melinda Janki
Elsie Harry
Immaculata Casimero
Salima Hinds
Vidyaratha Kissoon
Alissa Trotz
Nicole Cole
Jocelyn Dow
Joel Simpson
Suraiya Ismail
LaToya Williams
Raquel Thomas
Arianne Harris
Terry Caesar
Vanda Radzik
Colin Klautky
Candacy McEwan
Alessandra Hereman
Charlene Wilkinson
Miglon Braithwaite
Dillon Mohamed
Antonio Paul
Melina Harris
Menakshi Babulall
Halima Khan
Susan Collymore
Wintress White
Joy Marcus
Vanessa Ross
Frederick Collins
