The Guyana Trades Union Congress (GTUC) is urging the PPP administration to fill other constitutional posts so that citizens can exercise their rights, while applauding the recently appointed Ombudsman, former High Court Judge Winston Moore for his rulings.
The GTUC said these rulings highlight the absence of several other such bodies enshrined in the Constitution to protect the populace and limit government excesses. “The constitution serves as a framework for governance and guidance, and governments are required to enact relevant laws and constitute bodies to give it life and serve the people in keeping with the spirit and intent,” the union said in a press release.
The GTUC reminded President Donald Ramotar that at the January 13, 2014 swearing in of Justice Moore he said, “We are working towards filling other constitutional posts and [the Ombudsman] will have the full support of the government.” The union further reminds the president of his commitment to similar constitutional obligations to ensure the establishment of the outstanding Rights Commission: Human Rights, Public Procurement and Public Service Appellate Tribunal, and other constitutional offices.
Like the Ombudsman, constitutional bodies serve as checks and balances for government, ensuring that citizens are treated justly so they can enjoy similar rights as have been exercised in the cases of the New Building Society workers and Frederick Kissoon v the University of Guyana.
“For nine years a grave injustice was inflicted on this society when the Office of Ombudsman remained vacant,” the GTUC said. “The Ombudsman has always been part of our political culture up until President [Bharrat] Jagdeo …failed to appoint one after the retirement of Justice Sheik Mohamed in 2005. This neglect by the Jagdeo regime allowed for him to undermine social accountability and justice enshrined in the constitution in order to further violate the laws, transgress rights and create a hostile industrial atmosphere.”
While President Ramotar can be credited for appointing an Ombudsman, his administration still has many more constitutional offices to establish to ensure good governance, including reconvening Parliament. The GTUC believes that the public is being misled to believe that there is no system in place to contain government excesses and administer justice and that the fault lies in the constitution. “A blame encouraged by the government to divert attention away from their lawlessness by blaming other presidents/governments, when in fact they are failing to institute systems provided within the Constitution,” the union said.
According to the group, many workers have suffered wrongful dismissal, transgressing of their rights and have had no recourse or had been forced to go to the court instead of utilising the Ombudsman or Public Service Appellate Tribunal, the latter of which is yet to be constituted. It is time that the nation “hold the PPP government accountable to good governance in keeping with the Guyana Constitution….Enough of the excuses and shunting of responsibilities and blame. Each president, each political leader, each administration, each party must be held accountable for their own era of administration, shortcomings and failings,” the GTUC said.
The union also called on the UG administration “to uphold the tenets of a professional institution of higher learning and to deliver in accordance with the fair, impartial and professional ruling of the Ombudsman.” Failing to correct the “injustice” cited in article 194 (3) of the Guyana Constitution, the Ombudsman can seek recourse to the National Assembly to correct the injustice.
“The professional performance of the Ombudsman is a breath of fresh air in a society devoid of accountability,” the group said, adding that the nation is obligated to ensure good governance and societal stability by building on the struggles and achievements of its ancestors. “We owe it to the next generation to provide for them a society where they can maximise on opportunities and enjoy good government and social justice,” the press release said.
