Guyana’s children enjoy a special place on the agenda of the PPP/C Gov’t
– as last of promised Children’s Laws passed in National Assembly
Delivering on another promise by the PPP/C Government, Human Services Minister Ms. Priya Manickchand yesterday presented the report of the special select committee that was appointed to consider the Child Care and Development Services Bill, Bill # 31 of 2009.

This Bill, according to the Minister, is the final bill in a five-piece menu to protect and look after the interest of Guyana’s children, and she proceeded to put into context this vital piece of legislation, which is an additional aspect in the government’s continuum of policies, strategies and programmes to secure the welfare, in every aspect, of the nation’s children.

Guyana’s children enjoy a special place on the agenda of the PPP/C government. Dr. Cheddi Jagan, in ascending to the highest administrative office in the land in 1992 – and even before, had structured many initiatives toward promulgating the interests of the nation’s children, to the extent that, when supporters insisted that his birthdays be celebrated, he acceded only on condition that the children of the nation are the primary guests.
President Bharrat Jagdeo has also instructed his Cabinet to put the welfare of the nation’s children foremost.
Thus, it is that a menu of measures were crafted primarily to target Guyana’s children and, driven by Minister Manickchand, protective mechanisms were incorporated into the laws of the land, of which Bill No.39 of 2009 is the final Bill.
In her presentation yesterday, the Minister stressed: “…that is why so much effort has been made over the years to establish and create an environment where our children can flourish and be all that they can be.”
She continued, “We pay particular attention to orphans and vulnerable children, Mr. Speaker, because we know that, given the opportunity these kids have the same potential as children who are not orphans or vulnerable in that way.
“And that is why, in our considerations and deliberations about what would be necessary, we came up with a menu of measures that must be taken if all of Guyana’s children are to flourish.”
She recalled that menu was outlined for the people of Guyana in the manifesto of the People’s Progressive Party/Civic, which included, inter alia, passing the children’s bills; establishing a childcare and protection agency, the publication of minimum standards and regulations for children’s homes in Guyana, establishment of a foster care programme, expansion of children’s homes, passing a Sex Offences Act, establishment of a family court, among others.
Stressing that, except for one which is in the process of being done, the PPP/C administration has fulfilled all of the foregoing promises in its unrelenting efforts to improve the lives of Guyana’s children.
The Minister reminded the House that, in or around January of 2009, government brought to the National Assembly the Childcare and Protection Agency Bill, which was passed into law.  Subsequently, and as a natural progression, on April 7, 2009 and on July 29, 2009 the Ministry of Human Services officially opened the Childcare and Protection Agency.
According to her, the Bill currently being tabled would be the Bill that would lay the groundwork for all the other legislation to come into being and be implemented.
She further elucidated: “Following this piece of law, we then came to the National Assembly with the Status of Children Bill; the Adoption of Children Bill and the Protection of Children Bill; The custody, Contact, Guardianship and Maintenance Bill; and the Childcare and Development Services Bill – all of which were sent to special select committees and considered by all political parties in this House.
“On the 12th day of November, 2009 the Protection of Children Act became law. On the 18th day of September, 2009, the Status of Children Act became law.  On the 26th day of October, 2009 the Adoption of Children Act became law and on 25th day of May, 2011 the Custody, Contact, Guardianship and Maintenance Act became law. We will pass the final piece here this afternoon and that too will soon become law.”
Continuing, she said “On the 18th day of June 2008, we published the Minimum Operational Standards and Regulations for Children’s Homes in Guyana.
These are stated standards that children’s homes are expected to meet if they are to properly care for children. Work is ongoing with these homes to meet these standards.”
According to the Minister, the agency started a pilot foster care programme in 2008 and, thus far, in excess of 80 children have been fostered. This programme is where children are placed with strangers or sometimes distant family members, because they simply cannot return to their own homes, due to circumstances not conducive to the children’s wellbeing.
Additionally, the minister noted, legal aid services were in 2008/2009 extended to 6 of the 10 regions in Guyana with, for the first time in Guyana, there being established a children’s legal aid service, which serves children in conflict with the law at no cost.
Additionally, new headquarters for the Childcare and Protection Agency was opened on May 6th, 2011.
And the Sex Offences Act, which caters specifically for child victims and complainants by providing a host of practical and modern provisions was assented to by His Excellency at a historic public ceremony on the 24th April 2010.
Highlighting the importance of this piece of legislation, Minister Manickchand urged, “… the Childcare and Development Services Bill comes into this National Assembly just a few short weeks before regulations under the other Children’s Acts that have already been passed. In fact sir, at our next sitting I hope to inform the House, with your leave, that the regulations have been gazetted.
She explained that this Bill provides for the regulation of childcare services and also frameworks the parameters for the granting of licences for childcare and development services and connected matters. It complements beautifully, as well, the Minimum Operational Standards and Regulations for Children’s Homes in Guyana which were published in 2008.
She further stated that this law will also provide for and address a number of important matters and issues, including mandatory registration of caregivers and sponsors, requirements for training of caregivers; it allows for unsuitable individuals not to be employed in facilities looking after children and details the disqualifying factors that make an individual unsuitable: For example, the agency could disqualify a person as caregiver if that person is or has been convicted of an offence which, in the opinion of the agency, involves moral turpitude.
Additionally, this law provides that a caregiver is not allowed to subject a child to corporal punishment and provides penalties for employing a disqualified person and for not complying with requirements under a licence.
She stressed in conclusion: “Mr. Speaker, this is an extremely useful piece of law if we are to ensure all of Guyana’s children are taken care of in environments that allow for them to reach their potential and to be the best they can be. Passing and implementing these laws are the duty of the State, Mr. Speaker, and we have and are fulfilling these duties. Child Protection, however, cannot be done only by the government. Child Protection is everybody’s business. We encourage every citizen to be a child protector.”

Cheryl Sampson of the main opposition PNCR-1G said the bill is meant to provide a better way of life for Guyana’s children. She said the PNCR-1G therefore welcomes this piece of legislation, “especially since we are aware that obtaining affordable quality childcare especially for children under five is a major concern for many parents, particularly in recent years with the rise of families of two working parents as well as the increase of single parent families particularly the female headed households.”

She noted that as the need for child day-care increases, the need for child day care services industry has begun to feel the need of non-relative childcare. “Night care facilities should also be considered especially since there are many single parent women finding employment as security guards, thus causing them to be away from their children at night,” she told the House.

Sampson pointed out that with this comes the need to regularise and standardise the services provided. With municipal day care centres, privately owned ones, as well as those run by churches and other organisations, providing this much-needed facility, there is the need to formulate legislation to cover these operations. “We of the PNCR-1G call on those who would be integrally involved in providing childcare services to any child to be very careful in adhering to the regulations. We ask them to remember that any slip, mistake or shortcuts can cause harm to those children,” she said.
Sampson expressed the hope that the officers of the Child Protection Agency who are being vested with the powers to make all these bills related to children’s issues operational, will be properly trained, [having] acquired the necessary skills to provide the required services. We hope that they would ensure that they would be affordable, accessible, high quality child care for all young children and their families,” she stressed.
Speaking in support of the Bill, PPP Member of Parliament  Reverend  Dr. Kwame Gilbert countered a suggestion that there had been some degree of disinterest in the legislation, hence the time it took to pass through the select committee.

“I think the attendance record, which is part of the report, would be indicative of the commitment demonstrated by the individuals who made the time to attend these meetings. The length of time that this Bill remained in the select committee is not indicative of sloth in the activity or the modus operandi of the committee. It was number one, we found that the initial Bill had a number of incoherencies that required careful, deliberate and systematic consideration and I believe that the time that  was dedicated to the examination of this bill and the process that was undertaken, that allowed us to examine, re-examine, discuss some of these things that were observed. We are all aware that these Bills are prepared by individuals and (they are also affected by issues of human error),” he said.
“While this process was lengthy, we in the committee were resolute in our commitment in ensuring that the eventual outcome of our deliberations produced a piece of legislation which gives recognition to the paramount [nature] of child care and developmental issues in Guyana,” he said.
“The Bill [seeks to] regulate child care services and to provide for the parameters for granting of licences for childcare and developmental services and connected matters. This represents the basic raison d’être for this bill, the purpose for its existence and its passage through the assembly,” he said.
He said the need for the Bill cannot be overstated. “Such a critical and sensitive service upon which many families, particularly those with demands of work and other essential parental responsibilities do depend, cannot be left up to self appointed care-givers,” he said.

He noted that the implications for unregulated services are very serious for Guyana’s children and for the nation. “Hence, this legislation which we now consider will ensure that certain minimum standards are met before parents enter into any kind of arrangement with respect to where and with whom they leave their children for care and for development,” he said.
AFC MP Latchmini Punalall said that, with the passage of the Bill, the Child Protection Agency will have the right to see to it that the organisation commences their services in an organised manner and adhere to the required standards which are so necessary.
“This will be in the best interest of the child,” she said. She noted that the Special Select Committee did a lot of work and they received valuable inputs from experts and consultants.
Meanwhile, lashing out at the Opposition, Minister Manickchand said their suggestion that the government has suddenly woken up from its slumber in attempting to pass the Bill is an untruth, citing the numerous pieces of legislation concerning children’s welfare passed in the recent months.
“The other thing that bothers me a little bit…Dr. Luncheon called it duplicitous behaviour. You come to the Committee, sit down, agree to certain things, this is all on record. Then you come to the National Assembly and dissemble, that is to tell an untruth, a blatant untruth, and that is why it is incredibly startling about members who come here and claim to love and represent the people of Guyana,” Minister Manickchand said. She pointed out that the record of attendance shows that the PNCR-1G was absent or granted leave from the Committee on several occasions to the detriment to the timely work of the Committee.
“We have passed in the National Assembly five pieces of legislation [related to children],” she said. The Minister also noted that she will bring the related regulations when the Parliament sits again.