Liability for Mahdia dorm fire lies with gov’t – APA insists

Some of the victims of the Mahdia dormitory fire
Some of the victims of the Mahdia dormitory fire

The Amerindian Peoples Association (APA) wants the government to understand that the survivors and relatives of victims of the Mahdia dormitory fire are still in need of continued support and assistance and that the state must bear responsibility for the tragedy as the victims were in their care.

In a release yesterday, the APA noted that both survivors and bereaved families continue to be traumatised with only minimal resources being made available. The association informed that it has been monitoring the government’s response to the tragedy since its inception and said it must commend the government for its initial response to the preventable disaster and the subsequent arrangements for the funerals of the deceased girls. However, it feels the government is obligated to do more. 

“We must also remind the government that assistance to the families of those who lost their children and the surviving children should be continuous and in good faith. It appears as though the Government of Guyana is attempting to use taxpayers’ dollars to round the grieving families into a corner and silence them.”

The APA is of the view that as that the communities of Micobie, Chenapou, Karisparu, El Paso, and others, continue to grieve the loss of 20 children, the rush to have them settle all possible claims is one that “reeks of disrespect.”

During a recent visit to the affected communities of Micobie, Chenapou, El Paso, and in speaking with persons in Karisparu, the Indigenous body argued that the government has reneged on its commitment to support the survivors and families of the deceased continuously. What happened instead was that families were “intimidated” into signing settlement agreements absolving the State of all liability.

Also, during visits to the communities and meetings with parents of both the deceased and survivors, it was discovered that after the initial flurry of support for survivors, nothing else has been heard or forthcoming. Community members stated both collectively and individually, that they need more medical intervention, not only for the girls who survived the fire but for the boys who are also experiencing some health-related issues such as shortness of breath for those who helped in the fire and inhaled smoke, hair loss, and recurring nightmares, among others.

The release pointed out that the fire victims all died in a building, owned and operated by the State of Guyana. It argues that therefore, one can only logically conclude that liability lies with the State.

Mention was made by the APA of efforts made to meet with the Minister of Education, Priya Manickchand and Minister of Health, Dr Frank Anthony, to address the issues highlighted by families of the survivors and the deceased, and the fact that neither minister has responded. As such, the APA feels that it is left with no other option than to publicly record its disappointment at the lack of urgency afforded to this issue.  The association also spoke about meeting with the families of the deceased and survivors, and finding out that the Attorney General and Minister of Legal Affairs, Anil Nandlall, had visited Mahdia some time ago and “lectured” them on all the assistance government has afforded to them so far. According to the release, the parents reported that Nandlall had a breakdown of all the monies expended by the government thus far. Further, they were required to listen to him present the information while reminding them that the government was being generous and was under no obligation to do so.

The APA said that it has interpreted the Attorney General’s statements as designed to make the already suffering parents feel inferior and insulted. Indeed, it noted, many of the parents did indicate that they felt “belittled and offended” by Nandlall’s actions. And as if this weren’t enough, the AG’s utterances following the revelation of the agreements between government and the parents of the deceased children showed a lack of sensitivity. As the release noted, “We are particularly flabbergasted that AG Nandlall could come before the country and claim that the government should be ‘…complimented rather than being condemned… we did not have to offer a cent in financial assistance.’” 

Utter disrespect

 As far as the APA is concerned, the AG’s words show “utter disrespect” for all Guyanese, particularly Indigenous peoples, who entrust their children to the State’s care.

It reminded that access to education, particularly secondary education, is exceptionally tough for Indigenous children, who often have no other choice but to leave their homes and families to live in dormitories.

“The state runs those same dormitories, so for the Attorney General to come before the nation and proudly declare that the state if Guyana, which his party governs, did not have to offer any financial assistance and should be given a pat on the shoulder, is a slap in the face of Indigenous peoples and their rights,” the APA declared.

And in view of the fact that the children that were injured and killed in the fire were in the State’s care, the release contended that “all liability”, regardless of the cause of the fire, falls at the feet of the State. “We must remind the Attorney General that the very government signatory, Regional Executive Officer, Peter Ramotar, received multiple warnings about the fire hazard that was the Girls’ Dormitory, but no action was taken. So, how can the government be absolved of all liability?”

The release then turned its attention to the agreement the parents were “pressured” into signing without the benefit of fully understanding what the agreement stated or even the opportunity to consult with other persons. This, the APA stated was a “slap in the face” of Indigenous peoples.

“The agreement speaks to ‘independent counsel’, but the government contracted counsel and not the people, and none of them met with the counsel before, only in the presence of the AG and the other signatory to the agreement. Further, “The families were cornered into signing the ‘settlement agreement’. Many of the families did not fully understand what they were signing on to. This agreement now begs the question as to why the government was/is in such a hurry to absolve itself of all liability in this case.”

The APA noted that even if this “financial assistance” is part of the government’s plan of continuous assistance, it begs the question, “Why does the agreement seek to settle all claims and prevent the families from seeking further judicial settlement?”

As such, despite the government’s assurances, the association expressed concern that this agreement will be used to influence the terms of reference of the impending commission of inquiry into the tragedy.

Concern was also expressed about education as parents were anxious to know where their children will go to school when the new term begins since many have stated their unwillingness (and understandably so) to return to Mahdia. Besides, the Micobie community is looking forward to the beginning of the construction of the secondary school promised by President Ali at the funeral of the girls in the village.

The APA therefore is calling on the government to better engage the communities affected by this tragedy and suggests that more emphasis be placed on their healing, rather than focus on suppressing the voices of those suffering.

“We also call for Indigenous representation and participation in the CoI, along with consultation, before establishing the terms of reference. A watered-down CoI will serve no purpose in addressing the issues faced by Indigenous people and students in the hinterland accessing secondary education”, the release added. 

Some of the victims of the Mahdia dormitory fire