handling the allegations

Guyana is excited a week now, well a part of Guyana anyway after various media houses reported that there was a taped recording of one of the Commissioners on the Rights of the Child Commission, Mr Kwame McKoy who is talking to someone who is supposed to be a 15 year old boy called Julius and it seems to be making sexual advances.

Mr McKoy has denied that his voice is on the tape and has subsequently obtained injuctions preventing several media houses from airing the tape. He has also made a report to the police about the fabrication.

On Monday I was asked for my comments by Kaieteur News and I said I had no comment pending the allegations.

I have not heard the tape nor do I have any interest in listening to it since I can make no judgement about whether the voice is Mr McKoy's voice. It is of no surprise that amongst the people who have listened to all or part of the tape, many believe it is his voice, some do not believe it is his voice (and both of these groups because they know Mr McKoy's voice well enough)  while others are not sure.



At this point though, I am angry that there is a 15 year old boy who might be out there, whose birth certificate and voice are all over the place and who could also be identified. It would appear that no police reports were made by the boy or his relatives, and that the Child Care and Protection Agency is looking for him to see if he needs any support. It must be a difficult time for him.

It is also sickening if there is someone who was guiding the child if they were making any kind of recording to discuss a sexual relationship with an adult.


There is an ongoing circus around this tape. It is called a 'sex' tape in some media articles as though the parties are consenting adults and it refers to a frivolity.

I am shocked that this tape has become some kind of joke around the place.  It makes a mockery of the suffering of children who have been abused and whose torment when trying to bring their perpetrators to justice very rarely make the media.


I have been part of a protest for over 20 weeks now to raise awareness about sexual abuse of children. Only a few people bother with the protest, and it is fascinating to watch the reactions of those who pass , some holler that we should go home and do our work, some congratulate while most seem to stick their head straight to pretend that sexual abuse of children probably does not exist or is not important.

It is in this environment that our sexual offences legislation cannot be updated as yet.


What about the allegations?
At first I had no comment to make. However, I asked people, what should a commissioner on the rights of the child commission do if there is an allegation made about the sexual abuse of a child. I had this gut instinct that I would not expect the commissioner to do anything except to participate in any investigation, that allegations should not be used to bring down anybody.

In conversations with a few people, I found that only one person agreed with me. Others believe that any commissioner with this kind of allegation should be 'big' enough to step down pending an investigation. One of my friends, who I respect a lot believes it should be permanent resignation since the slur would remain.

I read from the Ramayana.. one of the pieces which I do not like is when Sita was banished to the forest after the allegations of adultery. She went to protect her husband's name and my Hindu friend talked about how the Commissioners sit on all the commissions at the behest of the people, and that it would be a noble thing to do to step down so that the work of the commission is not impeded.

I understand that view. He also talked about how people could be heartless, and that if there is a majority or large minority of the people who you are expected to serve, you should consider whether stepping down would be in the best interests of the lives of children generally if any of the findings of the Commission will be rejected by sections of the public because of allegations against any commissioner.

Article 225 of the Constitution provides for the removal of any commissioner on any of the Commissions. The Constitution suggests that the Speaker of the National Assembly , who is the prescribed authority (Article 212 Y (4) ) can request of the President that the removal of the officer be investigated, following which a tribunal is established from within the Judicial Services Commission who could then investigate and make a recommendation.

It is not clear how the Speaker of the National Assembly could initiate such action, perhaps at the request of the National Assembly?

My current position, and it could change , is that
1) Those who are looking into the best interests of the child whose voice is supposed to be on the tape ensure that the Child Care and Protection Agency meet with the child and the parents to ensure that the child is safe and at school. This tape and references to the child's birth date should stop being circulated since it is harmful to continue to expose the child further.


2) The National Assembly request the Speaker to ask the President to convene an tribunal to investigate this matter.

3) Mr McKoy should recuse himself from any of the activities of the Commission until such time as the the tribunal makes its findings available.

The Commission  has to meet to elect a chairperson and I do not expect that this meeting would depend on the outcome of such a tribunal.

I would expect that any of the commissioners on the commissions, if subject to any allegations of misbehaviour or misdemenaour, would have no problem agreeing to do the same. This includes me, much as it would go against my sense of justice. (see note below)

What happens if these do not happen and this matter is not resolved. I do not know.. my Hindu friend tells me I should think of those who put me on the Commission and do what I could do, and not resign. There were many calls to resign from the beginning.. I have been called moral coward and political opportunist because I refused to concede to the opinions of some people who believed that Mr McKoy's appointment should not have gone through.

The protests continue every Thursday outside Office of the President from 4pm for those who are concerned about the sexual abuse of children in Guyana. It must be more people than the two or three men and the 12- 16 women who go out there.






Cartoon published in Kaieteur News 11 October, 2009

PS Andaiye asked me to clarify what would be against my sense of justice. My gut reaction is that it is unfair that someone's life and work could be disrupted due to allegations made against them which could take a long time in being investigated. I am coming around to accepting that if one accepts any public office, then implicit in this acceptance is that one should be prepared to step aside if allegations are to be investigated.

Comments

  1. Dear Vidyartha,
    Thanks for these good thoughts. It has been a difficult week indeed - and your "ramblings" have helped to focus and clarify a number of my own musings on the matter. In support of your thoughts for action. I agree with and will actively support action / solidarity on the following:
    1. Securing the protection of the child is definitely the number one priority.
    2.The Media (irresponsible and ignorant as ever _for all their pontificating to the contrary) should be called upon to desist from exposing the child's first name and birth certificate publicly on TV and in the Press and playing of tape purporting to be voice of child. I think this is against the law and/or Child Rights Convention (or should be) where children are concerned - and the Press and some weird internet radio that has set itself up as a very biased operation - are in breach of such laws/conventions.
    3. An Investigation should be called on the matter and the Commission should request one.
    4. The Ministry that nominated Mr. Mckoy to the Commission (and who he therefore represents) should also take action and recuse him from duty while investigation is pending.
    5. Mr. Mckoy should be called upon to recuse himself while investigations are going on by the Commission.
    6.Other Commissions or Commissioners on other Commissions might wish to support the Child Rights Commission if it makes these calls and this should also be explored
    Save the Children!

    ReplyDelete
  2. thank you for the transparency on your thought processes...i found it helpful to think through my own ethics and responsibilities in positions of responsibility.

    ReplyDelete
  3. It is times like these we as journalists really need to do some introspection... What Vidya has so aptly pointed out is that in this instance we have done the child, the most important subject in this saga, more harm than good. And unfortunately there are a lot of times when this happens and we need to be more responsible. Whether we believe it out not people read and listen to our pieces and we influence many, but in what way? Poor Julius is being used as a pawn to achieve someone’s goal and that someone does not give a hoot about what will eventually happen to this poor child who was used and is being ‘raped’ repeatedly in public. I may not agree with everything Viyda has written but I got the jest of his analysis and it is spot on.

    ReplyDelete
  4. Vidya,
    Listen to the tape. take kwame mccoy/mckoy out of the equation for a moment and listen objectively; solely on the basis of determining whether a child's rights have been violated and by whom... and by how many.
    matter of fact all commissioners should listen - to be informed. then given that the allegation is being made against mccoy the commissioners should insist he recuses himself pending a probe.
    any further decision the commission makes should come after the investigation (if there ever is one) when the findings are revealed (if they ever are)...

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  5. I have no doubt that a tape exists which has two males talking with one seemingly trying to have sex with a child. I will not be able to judge whether it is Mr McCoy's voice. There are people who are saying it is his, and there are people who are saying it is a fabrication.

    ReplyDelete

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