If anyone wants further proof that the administration is doing its damnedest to wriggle out of any blame for the Mahdia dormitory fire then we need only look at the actions and words of the Attorney General in the past few days.
The parents/guardians of the 20 children killed while in state care have reportedly all signed agreements accepting $5M for each of their dead offspring with the important clause that the government cannot be pursued for any further claims. In defending the agreement on Wednesday night, the Attorney General declared: “The government did not have to offer a cent in financial assistance. The fact is that we have done it and not because anyone pressured us to do it because we felt that it is the least that could have been done and can be done in the circumstances having regard to the prevailing facts.”
It would appear the minister has already conducted his own COI and made his own conclusions as to his government’s culpability for this man-made disaster, and thus its obligations to the relatives. It now begs the question how useful will be any Commission of Inquiry?
The circumstances surrounding the signing of these agreements are not clear. What we know is that this was done, if not secretly, then certainly not with the usual fanfare surrounding money being handed out to indigenous communities. The cruel irony is that the individual signing on behalf of the government is the same official who is said to have received two warnings from the Guyana Fire Service regarding the dormitory grills and other inadequacies to do with fire prevention.
The agreement states the payment “shall constitute a settlement of all claims and actions in relation to injuries resulting in death or not that stemmed from the fire on May 21, 2023 at the Mahdia Secondary School Dormitory.”
It adds that the parent/guardian had “completely read and understood the terms and voluntarily accepted it for the purpose of a compromise and the settling of all potential claims for liability and injury.” It further asserted that “independent legal advice on the agreement had been offered and/or received by the signatories.”
An agreement signed by one guardian was witnessed by an attorney attached to the Ministry of Legal Affairs and another from what appears to be a private city law firm. It all seems highly above board on paper. However one may question whether among those 20 parents/guardians who signed, there may have been a limited understanding of English and the legal jargon used in crafting of the agreement, and/or an unfamiliarity with the nature of the legal document that they were signing. As for the legal advice offered, was this of their choosing or was it provided by the ministry only at the time of signing?
We do not know and probably never will but even avoiding the legal thicket of non est factum, one can’t help imagine the contrast between what are likely poorly uneducated indigenous parents still grieving their loss, and urbane legal practitioners holding out their pens for them to sign on the bottom line. Again we see similarities with processes that saw the collapse of the Dharamlall rape case.
And why the emphasis on this being a final settlement? Why not simply an interim payment? Is this government that poor? Is this “high income” country so awash in oil, unable to stump up more than $5M per child? One wonders if it were children from one of the top secondaries if such an amount would have been decided upon. Again we see the double standards when it comes to our so-called First People. As to how this figure was arrived at, it seems utterly arbitrary rather than the well established formulae used in such cases related to loss of income and support for relatives in the years that were never to come.
And aside from the cold hard cash aspect, it is chilling to consider how the words in this agreement contrast with the tears that were shed for the children and their families, along with the utterances of undying support from the minister’s fellow Cabinet members a few months ago. Here was President Ali for example: “I want to assure all of you that no effort will be spared. Every conceivable help, every conceivable assistance, every conceivable action that is required of the government, we will do, we will support, and we will ensure that we are with you not only this day but through this difficult time.”
Clearly the government has decided “this difficult time” is now over.
Mr Nandlall in his remarks would have us believe that this government which surely played a part in their deaths is simply being kind and caring to the bereaved parents and has no obligation to pay a cent. This explains why to this day not a single word of accountability has been uttered by any government minister.
This is even while the evidence points overwhelmingly that numerous agencies and individuals could have prevented this tragedy but crucially failed in their responsibilities to the children.
This starts with that same UNICEF report. How unfortunate for the government that it saw the light of day because it made very clear that the ministers and other officials whose authority the dormitories were under, were unequivocally informed of the glaring and systemic deficiencies.
“Buildings have no central fire alarm/warning/management system. Some buildings have fire extinguishers in poor condition and absence of signage and inadequate placement.”
Again we return to the paragraph that really is the smoking gun that the Attorney General has attempted to neutralise and to make any findings coming out of the COI technicalities result in a few slaps on the wrist. That said there is nothing to stop the COI recommending a far higher compensation although the government may now not be obligated to make any payment.
The failure of ministries, the failure to heed the warnings of the fire service, the locking in of the children, and the removal of the bowser to Lethem. This was no earthquake or hurricane, this was 100% man made.
Mahdia and the deaths of these children while in state care will not be swept under the carpet so easily. As the saying goes “success has many fathers, but failure is an orphan.” This is one orphan that sits firmly in the government’s lap.
