Dear Editor,
On Thursday, June 3, 2010 the eyes of the world were focused on Guyana, and our parliamentarians had an opportunity to demonstrate that they could rise above partisan politics and prove that under the laws there can be equal rights and justice for all. This was not to be, as partisan politics trumped rights and law and saw the PPP voting en bloc against the No Confidence Motion brought by the PNC against Minister Manzoor Nadir. This motion dealt with the Minister’s failure to uphold his legal and sacred responsibility to all workers under the Laws of Guyana. Had he done this it would have seen him making efforts to resolve the seven-month old impasse at the Bauxite Company of Guyana Inc (BCGI).
The Guyana Bauxite and General Workers Union (GB&GWU) whose members are affected by this impasse wrote several letters to the Minister and Chief Labour Officer seeking their involvement, which under the law they have a responsibility to execute by putting a mechanism in place to have the parties come to the table “for the purpose of promoting a settlement of the difference.” To date, both men have refused to respond or act. Under the labour laws, the minister and ministry in their conciliating role are not expected to take sides. In their advisory capacity they are expected to guide the parties to the area(s) of consideration to bring about a resolution, and the Minister is entrusted with the power under Chapter 98:01 Section 4 (1) to either impose compulsory arbitration, or have the parties go to voluntary arbitration as outlined in the Collective Labour Agreement. As a neutral participant, the Minister’s failure to engage the parties, coupled with him choosing to attack the union confirms that he has taken a side and joined with the company (of which the Government of Guyana is part owner) in violating labour conventions, principles, laws and rights.
Both Minister and Chief Labour Officer are on record as saying they recognize the GB&GWU as the legal and representative bargaining unit for workers at BCGI yet they have failed to ensure the respect for Chapter 98:07 Section 23 (1) ‘Compulsory recognition and duty to treat’ which expressly states “When a trade union obtains a certificate of recognition for workers comprised in a bargaining unit in accordance with this Part, the employer shall recognise the union, and the union and the employer shall bargain in good faith and enter into negotiations with each other for the purpose of collective bargaining.”
With parliament being the people’s house and the highest decision and law-making forum of this country it was not unreasonable to expect lawmakers to abide by the laws. Law-abiding citizens expect members, whose salaries they pay, to rise above partisan politics in reverence for the instruments they make. The Minister in his rebuttal to the motion never dealt with the issue, choosing instead to rely on theatrics and deceit. The GB&GWU had expected Samuel Hinds, as a former bauxite miner and MP for Linden, Gail Teixeira, Clement Rohee, Donald Ramotar, Moses Nagamootoo and Komal Chand – who promoted themselves as the workers’ champions and benefited from the union’s struggles prior to 1992 – to give leadership to the PPP in denouncing the Minister’s refusal to enforce the law for some workers. The Prime Minister whom the GB&GWU expected to stand tall said, “We agree that the company has no right to de-recognise the union” then proceeded to compromise himself by admitting he advised the company, then moved to defend the company’s wrongdoing, making unsubstantiated accusations against workers and referencing some ‘agreement’ when the union has signed no such. The failure of the named MPs to take a principled stand in support of the law leaves the GB&GWU to conclude the Minister’s conduct has the PPP support and more so a government policy of economic discrimination against bauxite workers and their communities.
June 3, 2010 signalled another low point in our history. It definitively confirms that the laws, though made for all, are only applied and upheld for some. It was forcefully brought home to bauxite workers that justice cannot be found here and they will have to intensify their reliance on the international community to secure same.
Yours faithfully,
Leslie Gonsalves
General Secretary (ag)
GB&GWU
