Constitutional violations and discrimination by government officials

Constitutional violations and discrimination by government officials

In which civilised countries are constitutional violations normalised? How can an entity without the involvement of legal procedure send someone’s particulars to immigration officials and have that person blacklisted at all ports of exit? 

This is what happened to me and over 9 years later I am still affected and remain a ‘prisoner’ within the borders of Guyana. A ‘prisoner’ whose only option to travel out of the territory is to produce a court order, which I should not have needed in the first place, and subject myself to an interrogation by border authorities.  I never received by post or email any document stating why my name is on a ‘special’ list at ports of exit nor was I informed orally via telephone or in person.  

Moreover, freedom of movement is enshrined in the Constitution of Guyana. Only in particular circumstances of an extraordinary nature such as a public health crisis or war can someone be prevented from travelling out of the jurisdiction apart from criminal matters which goes through the courts and proper procedure followed.  

According to the Constitution of Guyana, persons who have had their constitutional right to freedom of movement violated have cause for compensation. However, in Guyana it has been shown countless times that the laws are there for the ‘elites’ and super wealthy, there is no legal recourse for ‘second-class citizens’ and due to this perception people get away with and normalise corrupt, unethical and unlawful behaviours. 

From the sequence of events and a subsequent court matter I can safely assume that the Public Service Ministry is responsible for my predicament. It stems from a scholarship I received in 2008 from the ministry to study Human Medicine in Cuba. After sixteen months into my studies I lost this scholarship due to several reasons but mainly because of the unprofessional actions of the then Students Affair Officer, Ms. Soyinka Grogan. 

Scholarship and Medical school 

In 2008 I saw an advertisement in one of the newspapers inviting the public to apply for scholarships to study in Cuba in various fields including Human Medicine. This was a dream of mine and one which I couldn’t have realised in Guyana. Apart from other factors, I had a very dysfunctional and unstable home life which made full-time studies where dependency comes into play impossible. Science had always appealed to me and in secondary school I wrote all the available science subjects for CSEC. A few of my classmates had already begun tertiary education in Cuba through the scholarship programme. 

I was granted a scholarship to study Human Medicine in Cuba and along with almost 100 students embarked on this journey in November 2008. The first year was termed ‘Pre-Med’, one had to successfully complete this in order to advance to the medical programme. It was basically a revision of topics covered in high school Physics, Chemistry and Biology; and an introduction to some new subjects like Anatomy, Physiology and Cuban History which were all taught in Spanish. However, the majority of periods were dedicated to learning the Spanish language, a separate subject. 

The programme was intensive and the school environment, competitive which I enjoyed. Academically, I was doing well and the only things I had to worry about were studying and myself.  

Returning to Guyana and losing my scholarship 

In March 2010 my father contacted me with the news that my mother was in the ICU of the Georgetown Public Hospital Corporation (GPHC). For years she suffered from an illness which gradually paralyzed parts of her body. It was progressive, starting with a limp however, the doctors she saw were unable to diagnose her condition and recommended that she seek diagnosis and treatment abroad. Although, her issue was suspected to be neurological in nature there weren’t any neurologist or other specialists in Guyana at the time capable of diagnosing her condition. 

She was due for admittance to a hospital in Cuba shortly before her condition got worse. After she was admitted to the ICU, word from the hospital was that it could no longer admit her. I was asked by my father to locate a hospital in Cuba that was willing to admit her. I found one in the centre of Havana.  

Around that time, I begun suffering from a sleeping disorder due to the stress. Then a ticket was brought for me to return to Guyana to collect my mother and accompany her to the hospital in Cuba. I had no idea how bad she was and the semester was still ongoing. In retrospect, I don’t think the position I was placed in was fair. The relationship between both of my parents and me was not close due to many unresolved issues. One of my siblings, my mom’s partner or one of her relatives could have been tasked with the responsibility of accompanying her to Cuba…

The school officials were considering giving us a break for ‘Semana Santa’ (Easter holidays) but nothing was finalised so the Dean of the school gave me one week of ‘special leave’. I thought that would have been sufficient. Something happened though that proved significant later. The school had to seek permission from a central authority in the city for me to travel, everything was bureaucratic.  Since these people didn’t know me personally and probably thought my request was due to pregnancy – from what I saw most female students who had to return to their countries during the semester did so for this reason – my permission period (permiso) was valid for 1 year. 

March 26, 2010, I came to Guyana and had absolutely no intention of quitting medical school and remaining here. I had completed Pre-Med and was in the second semester of the first-year of Medicine. There were 3 semesters.  

I had a return ticket and came only with a carry-on suitcase; most of my belongings were in Cuba. And I enjoyed being there, as a young adult the environment was liberating. I got to be around other young people, had an active social life, was free to travel in the country and enjoyed the environment which was far less restrictive and conservative than Guyanese society. I even regularly visited a cultural centre in a nearby town where I was learning to play the guitar and intended to learn other things offered there. 

Only when I visited my mother in the hospital, I learnt of how severe her condition was. She was on a ventilator and of course, couldn’t travel. I honestly thought that she was going to get better and I felt this enormous sense of responsibility as if her life depended on me taking her to the hospital. Also, some of her relatives were telling me that I needed to take care of her…The stress I was feeling was further intensified when my father became ill and was hospitalised for a few days.   

While in Guyana, I kept in contact with one of my friends by email. He informed me that the school was going to give Easter vacation/study break and final examination for semester 2 was going to be the first week in May. Since I had my textbooks and notebook with me, I requested an extension of my leave until the end of April from the Manager of Scholarship in Guyana, Ms. Benfield. Based on my experiences in Cuba I thought that was all that was required of me. There, we related our issues to the level head and she along with other officials of the school acted on our behalf, did the required paperwork etc., and made all arrangements for us. I thought it was the same setup in Guyana.  

Unethical behaviour by the Student Affairs Officer 

On Thursday, April 15, 2010, I got a call from the Student Affairs Officer, Ms. Soyinka Grogan. She told me that I had to get back to Cuba that weekend. I told her I couldn’t and that I’d requested an extension of my leave from the manager. Soon the conversation degraded into an argument and when it ended it was forgotten because I had so many other things to worry about. 

On Friday, April 16, I was in the city on the way to visit my mother when my father called me and said that Ms. Grogan wanted to see me right away at the Public Service Ministry (PSM). During her brief conversation with him, she did not reveal why she wanted to see me. 

When I got to the PSM, without asking me why I couldn’t travel that weekend or offering any sort of advice as the Student Affairs Officer, Ms. Grogan just handed me a pen and paper and said to write about my decision to not return immediately. Conveniently, I was told that the manager, Ms Benfield was on leave. Ms. Grogan even said that I was supposed to contact the school. At no time was I informed that I had to contact the school personally by anyone from the PSM.  

I feel that Ms. Grogan acted in a most unethical manner. Also, I do not believe she had any right to do what she did. She took advantage of my emotional vulnerability. Apart from stress and feelings of responsibility for my mother’s welfare I was suffering from a sleeping disorder. I was not thinking clearly and in my best interest.  

I was not even given the day or weekend to think over anything and this woman totally disregarded my interactions with the manager who was her superior. I didn’t even think to call anyone nor was I asked if I wanted to consult with those close to me. In a few minutes I completed the letter and handed it to her. She didn’t even give me a copy and to date, I’ve never received a copy of this letter.  

Before and after writing that fateful letter on April 16 I was never told what would be the consequences of it. It was an impulsive act that happened because of manipulation by someone who was supposed to act in my best interests. When I entered the Ministry that day, I had no idea it was going to happen. 

I firmly believe that had I been allowed to leave that Friday to think over everything I would have contacted the school personally and asked for some more time. Since students were on study leave, there was absolutely no reason why the school would have refused my request and overall, the treatment I received from the Cubans was far better than what I got from Guyanese officials.  

Writing to the Minister of Public Service 

I realised what had happened to me and discussed the matter with some friends who tried to help. I didn’t have acquaintances who were prominent citizens. The thing is that Guyanese society is very corrupt and to get anything done one has to know people ‘at the top’ who are willing to do ‘favours’ although these ‘favours’ are not considered as such in other places. For instance, I tried to speak with the Minister of Public Service, Dr. Jennifer Westford and I couldn’t get past her secretary who wanted to know exactly what my problem was and pronounce on it herself. 

One of my friends, got me an audience with Dr. Nanda Gopaul whom I believe was an advisor to the president. After telling him my story he suggested that I write a letter to the Minister of Public Service requesting a leave of absence from my studies. When I met Dr. Gopaul it was already May and I’d missed the final examination of the second semester and the third had begun. So, I wrote a letter (part of it below) requesting leave until the end of that academic year (August) and gave it to Dr. Gopaul who promised to personally deliver it to the Minister.  

When I contacted him again, he assured me that he delivered my letter. I never received a response from minister. 

My mother was still in the ICU and we existed in this suspended state of stress, anxiety and worries for months.  

My quest to continue my studies 

After several months, I realised that my mother’s condition was not going to improve. My academic dreams weighed heavily on my mind and I wanted to resume my medical studies. The only way to realise my dreams was to return to Cuba. 

Through a friend at the school I got in contact with our level head, Ms. Ada (I can’t remember her last name since we all just called her Ms. Ada). I communicated with her via email and expressed my wish to resume my studies. She informed me that due to the fact that I missed the final examination for semester 2 (60% of total marks) and semester 3 was almost over, I can return to the school but would have to redo Year 1 which would start in September. 

After my mother died in August 2010 I went to the Ministry of Public Service and informed the officials there that I wanted to travel to Cuba. Shockingly, I was told that I needed to lodge $4,000,000 with the Accountant General of the Ministry of Finance to leave the country as a ‘bonded trainee’ (document below).

constitutional violations

I was not allowed to return to my studies by the Public Service Ministry and not offered a job by the government yet I was a ‘bonded trainee’. I didn’t have the sum to lodge…nothing close to it. In fact, when I accepted the scholarship I had resigned from my job and the only stipend I’d gotten from the government while in Cuba was 100 Canadian dollars per month. I couldn’t leave.  

Years later, I wonder about the legality of that document and the legality of many others which were from the Public Service Ministry (PSM). 

Writing again to the Minister of Public Service and receiving a cost of training letter 

Once again, I tried to get help directly from the Minister. I sent another letter dated September 15, 2010, (part of letter below) to her through Dr. Gopaul requesting a resumption of my medical studies. I never received a response although Dr. Gopaul assured me that he delivered it. 

Shortly after, I received a correspondence dated September 21, 2010, from the PSM. It was a ‘cost of training’ letter stating that I owed the Government of Guyana $5,570,900 (part of document below). As can be seen 70% interest was added to tuition, airfare and maintenance. How did they arrive at that? Also, at no time was I shown evidence that the government paid tuition for me.  

I questioned the tuition because years later, a reporter from a well-known newspaper told me that the government paid no tuition. The scholarships were given as a gesture of goodwill between Cuba and Guyana. This information aligns with what students from other countries told me while in Cuba. Many got the scholarships from the Cuban embassies in their countries and did not enter into any contractual agreement with their governments. On completion of their studies they were free to work for whomever they chose. Regardless, at that meeting with Ms. Grogan on April 16 where I apparently lost my scholarship nothing about repaying the government was said to me. 

Visit to Cuba to pursue my studies 

I fell into a state of depression and spent some months in a neighbouring country then I tried to continue my medical studies. In July 2011 I returned to Cuba on a tourist visa, which was my only option and allowed me to stay in the country for 28 days.  

I visited the former level head, Ms Ada in Pinar Del Rio where she lived. She had kept all my belongings in her little apartment because my year group had moved to another university at the other end of the island. Honestly, many of our Cuban professors took on the role of surrogate parents. Among many fond memories, I recall being taken by one of the female doctors to a famous ice-cream parlour in Havana where she insisted on paying although she worked for so little and  our Spanish teacher bringing ‘sugar cake’ for us from his province when he returned from a brief visit home. Throughout my ‘scholarship ordeal’ the treatment I received from the Cubans was far superior to that which I received from Guyanese officials. 

After retrieving my belongings, I went to the medical university in Granma (a province near Guantanamo) where my year group was located. I was even allowed to stay in the dorm with Guyanese students. I believe I spent about a week at that university and while there interacted with several school officials. I told the Dean what had happened to me and expressed my desire to continue my studies. He had his secretary document everything and advised me to contact the education officials in Havana. 

In Havana I met an official at one of the ministries. I can’t remember his name but I spent quite some time telling him my story. He even had my file from the school there which he referred to and was surprised to learn that although my ‘permiso’ was valid for one year I was not allowed to continue my studies. He offered to help and told me to contact the Cuban embassy in Guyana on my return. I couldn’t stay longer in Cuba since I did not have the appropriate visa. 

Returning to Guyana 

I returned to Guyana and contacted the Cuban embassy. I expressed my desire to continue my studies in Cuba. There was a huge roadblock; the scholarships were given to the Government of Guyana and only the Public Service Ministry could allow me to resume my studies. 

A few days after, Ms. Grogan from the PSM called me. She wanted to know if I’d travelled to Cuba and I believe she asked me if I wanted to continue my medical studies. I answered truthfully and the call soon ended. After this, she nor the Cuban embassy contacted me.  

Being placed on the Blacklist 

On September 21, 2011, I attempted to leave the country through the Cheddi Jagan Interntional Airport. At the immigration counter I was informed that I couldn’t board the plane because my name was placed on the ‘Blacklist’ on instructions from the Public Service Ministry. I had no choice but to watch the plane depart without me.  

I was terrified at this new development and didn’t really know what to do. The legal option hadn’t even crossed my mind. From the time I returned to that moment I hadn’t worked. Apart from my mental health suffering I was focused on continuing my studies so basically, I was broke and unemployed. 

The next months I spent meeting various individuals through referrals from acquaintances. It was suggested that these persons would be able to help me and although some did try, I was left in the same state until the end of November 2011. I met someone from the USA through a mutual friend and the first thing this person suggested was the legal route. By then I had decided to send letters to the Ministries of Public Service and Legal Affairs (part of letter below, same was sent to PSM) seeking clarification on the ‘Cost of training’ document and the reasons behind me being blacklisted. I downloaded a copy of the Constitution of Guyana which I thoroughly read and came to the conclusion that being ‘blacklisted’ was a violation of my constitutional rights. 

constutional violations

I received no response from the Ministry of Public Service but someone from the Ministry of Legal Affairs called me with the news that the Attorney General, Mr. Anil Nandlall wanted to see me. A date and time were set and on the appointed hour I met Mr. Nandlall. In a Stabroek News article about my ordeal I referred to the meeting with Mr. Nandlall. He told the reporter that he couldn’t recall meeting me. I was never personally acquainted with him and had absolutely nothing to gain by referring to the meeting between us. I met him in his capacity as Attorney General, that is a fact…maybe the Ministry of Legal Affairs noted the meeting.  

High Court and court order 

In January 2012 I secured a job that I’d applied for since the previous year. However, I was not paid until 5 months later (public servant job). So, with the help of my sibling and friend from abroad I hired a lawyer, the cheapest one I was able to find after meeting about a half a dozen. He wrote to the Minister of Public Service, Dr. Westford and the Commissioner of Police. None of them replied to my blacklisting allegations. 

We moved to the High court; it was a constitutional case, particularly, Articles 40, 142 and 148 of the Constitution of Guyana. In June 2012 the order or rule nisi of prohibition granted to me in April was made absolute directed to the Commissioner of Police. I received no sort of compensation for my airline tickets or the cost of hiring my lawyer to obtain something for me which I should not have needed in the first place. 

constitutional violations

The media and a libellous article by the Mirror newspaper 

In June 2017 a letter I sent to the Editor of Kaieteur News was published, it was titled, My name has been placed on the infamous blacklist. I had read the Former Attorney General’s comments in the media about the unconstitutionality of blacklisting persons. It reeked of hypocrisy and I felt the need to respond by highlighting what had happened to me.  

On June 10 the Mirror newspaper, a political paper of the PPP/C Party,  published a libellous article which stated, ‘A claim by a letter writer, Narissa Deokarran, that she was “prevented” from leaving Guyana because her name was “placed on a blacklist” in 2011 – a letter published by the Kaieteur News – has proven to be a fabrication.’  

Nobody from the Mirror contacted me to verify my claims. The newspaper stated that my entire story was a fabrication since my name was not on a list provided by the Special Organised Crime Unit (SOCU). The Editor completely disregarded the contents of my letter in Kaieteur News where I stated that I was never arrested or charged with a crime, so why would I be on SOCU’s list? The article even had that I alleged that I met the Attorney General in September 2011. Nowhere in my letter was this stated. Also, the Mirror claimed that the Guyana Police Force said that my letter was a fabrication. How can that be when the Acting Chief Justice of the High Court in June 2011, ruled in my favour and granted me a court order which is directed to the Commissioner of Police prohibiting him from preventing me from travelling out of the jurisdiction?  

An article on my matter was published in the Stabroek News on June 11 which referred to my court order. The story was investigated by a journalist and different sides presented. Still, the Mirror news outlet has its fabricated story online. 

Constitutional violations by the Government of Guyana 

Fictitious contract 

Presently, I am unable to travel out of Guyana ‘freely’; I am still blacklisted. Whenever I leave these shores, I have to produce my court order and subject myself to an interrogation by immigration officials. Without the court order I will not be allowed to leave. 

In July 2019 at the immigration checkpoint at the Cheddi Jagan International airport I was asked about my ‘contractual obligations’. The problem is that there is no contractual obligation. I was never allowed to continue my studies in Cuba and I was not offered a contract job by the Government of Guyana. So where does ‘contractual obligation’ as a basis for being blacklisted at all ports of exit figure? 

According to the agreement I signed on acceptance of the scholarship – a document in my possession – the duration of my studies in Human Medicine was expected to be 7 years, inclusive of one year Pre-Med and the final year in Guyana. On completion of my studies I was expected to accept employment within the Public Service/Sector for a continuous period of at least 5 years. I have lots of acquaintances who are doctors, to the best of my knowledge none has a contract that is longer than 5 years. If post graduate studies on a Government of Guyana scholarship is embarked on only then is it expected to extend. 

I spent 1 year and 4 months in Cuba. I did not obtain an MBBS or MD qualification. The first-year was Pre-Med and I only completed one semester of Medical studies, the second semester was incomplete. What contract do I have with the PSM? I gained nothing but lost years of my life in a limbo state and had to start over from scratch. 

Before going to Cuba. I earned a Bachelor’s degree from the University of Guyana and had been working in the Public Sector for over 3.5 years. When I accepted the scholarship, I resigned from my job. 

When I realized I wouldn’t be allowed to continue my medical studies I sought employment on my own with the skills and qualifications I obtained Pre-Cuba. I have been working in the Public Sector for over 8 years now. This is far longer than the 5 years I would have had to serve had I completed 7 years of training and become a medical doctor. It is vindictive and malicious of the PSM to have sent my name to immigration officials under the false pretext that I have contractual obligations to the Government of Guyana. 

Cost of training 

I also wondered about the ‘Cost of Training’ letters I received. In September 2010 I received the first one therefore the PSM did not intend to allow me to continue my studies in Cuba. Can an alleged debt be used as the basis for denying someone their fundamental right to freedom of movement? If so, then logically banks and other financial institutions would be able to have loan defaulters blacklisted without the judicial process! 

In February 2018 I received a second ‘Cost of Training’ letter from the Ministry of the Presidency (part of the letter below). It states that I am required to repay the Government of Guyana the cost of training (adjusted to 12% interest) since I did not return to Cuba to complete my studies. This is false, the PSM did not allow me to complete my studies. 

 

Discrimination by the Government of Guyana 

When I embarked on my studies in November 2008 there were almost a 100 persons on that journey including 5 students – that I know of and can name – who studied in Cuba before but returned to Guyana due to personal issues. These 5 students, including the daughter of a prominent politician of the then ruling party, were given ‘second chances’ to continue their studies and from what I’ve heard from friends all were able to graduate medical school. Why weren’t I given a ‘second chance’ like them? 

I am personally aware of the fact that the terms of the contract between us and the Government of Guyana were applied in a discriminatory manner. Some students had their scholarships revoked for supposedly breaching the contract while others were allowed to continue their studies. 

For instance, the 5 ‘second chance’ students were given the opportunity to progress straight into the medical programme or repeat Pre-Med. Four chose to repeat and one advanced. Two of those female students were in my room – 15 of us shared one room – and they related that due to pregnancy both returned to Guyana. Well, during Pre-Med and shortly after I left 2 students became pregnant and were sent back to Guyana. They never returned to Cuba. I don’t know if they were offered the same opportunity. 

Also, from friends who continued their studies I was told that during the course of the programme several students whom they named, became pregnant, chose to continue their pregnancies and eventually graduated a year or more later than the majority. Like everything else it’s all about having those important ‘connections’. 

While, I personally feel that it is a breach of human rights to deny someone an education due to pregnancy, the so-called terms of the contract were not applied in a just manner.  

Does a Leave of Absence warrant the suspension of one’s scholarship? 

Nowhere in the contract does it state that a leave of absence warrants a suspension of one’s scholarship. Besides, it is a fact that several students in my year group graduated a year or more later than expected, so why was I not allowed to continue my studies? 

Also, the school was willing to accept me and I had excellent academic results which the Assistant Dean attested to (document below). A leave of absence was nothing unusual. While in Cuba, I met many students from other countries who had personal issues, returned to their countries then resumed their studies at a later date without having problems with the Cuban authorities.  

Even at the University of Guyana, where people frequently complain about the sloth and red tape involved in getting simple things done, one which I have never heard anyone complain about is applying and getting approval for a leave of absence. From the university side there is no penalty. It is one of the easiest things to get done and the process has even gone online. I’ve never heard of anyone being denied a Leave of Absence from our local university. In fact, during my days there I took a leave of absence when I had some personal problems. 

People encounter problems and changes all the time. If someone migrates, become sick, has financial problems or face other normal issues and need to take some time off does that signal the end of the person’s academic pursuits? 

The most mind-boggling things happen in Guyana and for ‘second class citizens’ there is no recourse. 

My position  

This post is very long because I’ve made some serious allegations and needed to relate everything that occurred with my scholarship and subsequent blacklisting. I stand behind this post and have evidence to show for the allegations made.  

Although, most of the events occurred almost a decade ago I am still affected. I still have to produce my court order every time I leave the country and the Public Service Ministry’s position is that I need to repay the Government of Guyana the total cost of training. 

I do not feel that I owe the Government of Guyana anything because I was not allowed to continue my studies although I tried several times to do so. In fact, I feel that the Government of Guyana discriminated against me and violated my constitutional rights which are still being violated presently.  

N.B. I wrote about my ordeal in a ‘Letter to the Editor’ which was published in the Kaieteur Newspaper. To date nobody from the named ministry or with interest in this matter has responded to my allegations.