Dear Editor,
In what appears to be a forced awakening, an election year publicity stunt or a cheap gimmick, Minister Manzoor Nadir chooses to now publicly admit what the Guyana Bauxite & General Workers Union (GB&GWU), enlightened Guyanese and all trade unionists worth their stripes knew all along, that “The Guyana Bauxite and General Workers Union is the certified bargaining agent for a large section of [BCGI] workforce and [the company is] legally bound to treat with them.” And further to state that the Bauxite Company of Guyana Inc (BCGI) has no authority to “unilaterally declare that there exists no collective bargaining agreement [between GB&GWU and said company].”
Where has this sudden revelation come from to create such an awakening in Minister Nadir? What has caused this epiphany? This Minister has had for 13 months, scores of letters and local newspaper articles; news articles in several international and regional media; public solidarity from local and regional unions; a series of letters from various leaders of GB&GWU, international representatives of ICEM, AFL-CIO, TUCA, SEIU1199; a visiting representative from the Trinidad Oilfield Workers Union (OTWU); interventions by the Leader of the Opposition, opposition members of parliament, opposition parties, and a motion in parliament; an electronic petition in seven different languages, signed by thousands of individuals and organizations that went to his email every single day for 4 months, from over 50 different countries throughout the world; local and international street protests and more, yet Minister Nadir and this government ignored what every supporter of the GB&GWU and the 62 dismissed workers and their families knew was a clear violation of their rights under the Laws of Guyana.
Minister Nadir in a letter to BCGI dated December 30, 2010, 13 months later, has only now seen it fit to recall that Clause 4 (1) of the Laws of Guyana Cap: 98:01 states:
“(1) Where a difference exists or is apprehended between an employer or any class of employers, and employees, or between different classes of employees, the Minster may, if he thinks fit, exercise all or any of the following powers, namely –
(a) Inquire into the causes and circumstances of the difference;
(b) Take such steps as to him may seem expedient for the purpose of promoting a settlement of the difference.”
Bauxite workers are encouraged that Minister Nadir and the Government of Guyana have finally come to grips with the scope of his responsibility and his public admission that BCGI has disrespected and breached the Trade Union and Recognition Board Regulation (No 1 of 2001) Clause 4 (1) by supplying “incomplete and possibly inaccurate or misleading information” to this constitutional office. These offences were not committed overnight and must have been known to the TURB and the Minister of Labour before, yet they have kept silent until now that the Minister has finally seen it “fit.”
Now that Minster Nadir has openly confessed the wrongs of BCGI, GB&GWU calls on the Chairman of the TURB, retired Justice Prem Persaud, and all commissioners of the TURB to take note and proceed immediately to take appropriate action to ensure that the rights fought for by GB&GWU are protected and that the appropriate action(s) is/are taken against BCGI, for as the regulatory body it is their constitutional responsibility to ensure that collective labour is respected. The fact that the Government of Guyana is part owner and part responsible is a responsibility that they too must share in, for theirs was the task to inform and create the environment for the rule of law and protection of all the citizens of Guyana.
GB&GWU, though appreciative of this awakening, will not rest until real justice is served. This means when the 62 workers are reinstated/compensated for their suffering and BCGI respects the rule of law. By extension we also expect that the Government of Guyana of which Minister Manzoor Nadir is a part, will also respect the rights of all the citizens and in particular bauxite workers, who strongly believe that they have been singled out for ‘special treatment’ to bring them to subjugation and teach others a lesson.
While GB&GWU recognizes as the Minister Nadir points out, “your company [BCGI] seems to be advised very limitedly,” it must be remembered that BCGI has enjoyed the benefit of being advised by none other than former Chief Labour Officer Mohamed Akeel, whose actions/ill advice have further reinforced concerns about his previous tenure as an agent of the government, and the quality of his decisions.
GB&GWU also notes the publicity hype in the January 4, 2011 Guyana Chronicle, editorializing on Minister Nadir’s new found virtue and the “working class/pro-labour” nature of the government. In its true government PR role the Chronicle now champions the cause of bauxite workers. Workers are not fooled by these stunts and await justice, through corrective action, that would bring an end to the violation of their rights and the rule of law. They will not be influenced or appeased by publicity antics.
Minister Nadir must now walk the talk for the nation to even begin to believe that he, his government and the state newspaper are serious about righting their wrongs. The workers seek no favour, allegiance, or alms. All they demand is the respect for their rights and the adherence to the laws.
The ministry has scheduled a meeting for Thursday, January 6, between the union and company. The union has given its commitment to attend. It is left to be seen if the ministry and/or company will honour theirs, and thereafter what efforts will be put in place to restore justice. Any further delay in justice continues to be a denial of justice.
Yours faithfully,
Lincoln Lewis