National Assembly passes amendments to two laws unanimously
– juvenile offenders and those sent to training schools will no longer be whipped
JUVENILE offenders and those sent to training schools will no longer be whipped, because such punishment was expunged from the laws, with the passage of the Training School (Amendment) and Juvenile Offenders (Amendment) Bills in the National Assembly on Thursday last.
The two pieces of legislation provide for the deletion of archaic provisions within the Principal Acts, including in relation to the maintenance of persons detained at established institutions and the punishing for any offences committed by children or young persons.
However, the passage followed calls from the Opposition in the House for consistency in changes being made to statutes.
Minister of Home Affairs, Mr. Clement Rohee, who piloted the amendment of the Training School Bill, said it removes “half baked” provisions and ensures that maintenance is better addressed without whipping.
He said it is incumbent in the State to provide adequate protection for children who have been placed in established institutions for failing to comply with the law and the amendment reflects the modernisation and enlightenment in today’s society.
People’s National Congress Reform – One Guyana (PNCR-1G) Member of Parliament (MP), Mrs. Deborah Backer agreed and said no “enlightened people” will be against the removal of whipping.
But she questioned the seriousness of the Administration in its modernising, stating that, in her view, it is inconsistent with reforms.
Backer pointed out that headteachers in schools still have the authority to use corporal punishment as a form of discipline and said legislations must be reformed in a manner that is not ad hoc.
She called for the establishment of a law reform commission, a concept, she charged, has been resisted for too long by the current Administration.
CHANGING REALITIES
According to her, law reform will address the consistent and comprehensive revision of laws in response to the changing realities of this society.
Rohee disagreed, contending, instead, that the present system works for Guyana.
He referred to the old saying “one, one dutty does build dam” and said, at the end of the day, both systems have the same objective.
Backer interjected that several other developed and developing countries have established law reform commissions, including Canada, India, Australia, Trinidad and Tobago and Barbados, among others.
She urged that the Administration sees wisdom in the need for such a commission and said it has worked and continues to work for other countries, where the pace and completion of law reform is the envy of other places.
Culture, Youth and Sport Minister, Dr. Frank Anthony, in his contribution to the debate, maintained there is consistency in what the Administration is doing.
Backer also advanced the argument that this move is another by the Administration to be “donor compliant.”
Anthony rejoined, noting that corporal punishment is a controversial issue viewed by some as necessary to deter criminals and prevent crimes and by others yet as inhumane.
He declared that corporal punishment has not been effective and will not work in the present day situation, especially for the youth.
Anthony said the majority of juveniles are victims of circumstances and need to be taught, assisted to develop life skills, become employable and have their holistic development supported.
SENT BACK
He said less than two per cent of those discharged from the New Opportunity Corps (NOC) are sent back there and many are helped to get employment through support from the United Nations Children’s Fund (UNICEF).
Alliance For Change (AFC) MP, Mrs. Latchmin Punalall tendered her party’s support for the bill but said there needs to be supportive systems for the youth, once they leave the established institutions.
AFC Chairman, Mr. Khemraj Ramjattan claimed kudos for the initiative, submitting that an MP of his party put forward a similar proposal, previously, in 2006, outlining the socio-economic impact of corporal punishment.
People’s Progressive Party/ Civic (PPP/C) MP, Ms. Gail Teixeira, as the legislation was passed unanimously, said the House was on common ground, with Guyana continuing to go forward and cope with a rapidly changing global scene.
At the same sitting, the National Assembly also made a historic move when it unanimously approved the removal of the mandatory use of the death penalty for persons convicted of murder.