Following the recent dismissals and reinstatement of three pregnant city constables, a former policewoman has come forward and stated that she was dismissed last month under a similar policy against pregnancy in the Guyana Police Force.
Abassie Bobb told Stabroek News yesterday that she was dismissed after telling her superiors that she was pregnant.
Bobb, 19, a former Constable who was most recently stationed in the operations room of the Cove and John Police Station, was issued a dismissal letter, which stated her services were being terminated in accordance with the Police Act, “as it is considered that you are not likely to become an efficient or well conducted Constable.”
Section 29(1) of the Act states, “…a person joining the force as a constable shall be on probation for a period of two years,” while Section 29(2) states, “During the probationary period aforesaid the services of any constable may be dispensed with at any time if the Commissioner considers that he is not fitted physically or mentally to perform the duties of his office or that he not likely to become an efficient or well conducted constable.” Section 29(3) adds that a constable whose services are dispensed with under the section is entitled to one month’s notice of the termination of his/her services or one month’s pay in lieu of notice.
Bobb explained that her duties in the operation room required her to facilitate communication between different departments and stations within the East Coast Division of the force and thus was not physically demanding or of a nature which would be curtailed by her pregnancy.
She further stated that less than three weeks passed between the time she was informed by her superiors that she would be dismissed for being pregnant and the date of her dismissal. Her dismissal came one day before she was to complete her first year.
Bobb’s dismissal letter states that she was dismissed with effect from July 8th, 2015 and therefore would be paid up to and including July 7th, 2015. However, she noted that the last shift she worked was from “20:00 hours on July 14th to 08:00 hours on July 15th.”
In an invited comment at the launching of the Suicide Prevention Helpline yesterday morning, Police Commissioner Seelall Persaud told Stabroek News that the Police Standing Orders state that female ranks cannot become pregnant for “one year (after employment).” “That’s because if you don’t have 52 contributions, you can’t benefit from NIS,” he said. However, he added that the force has been asked, although the Standing Order is still on the books and is still to be addressed, “to go for no-pay leave, so they won’t be paid.”
Bobb says she was never offered the option of going on no-pay leave. Instead, she was asked to present medical documentation of her pregnancy, including her delivery date, for a report which was submitted to Superintendent of Police Maxine Graham.
Persaud also said that he was asked to offer this option before the report in Tuesday’s Stabroek News about the dismissals of the three pregnant members of the City Constabulary.
Chief Labour Officer Charles Ogle, when presented with Bobb’s case, told Stabroek News yesterday that the Ministry of Social Protection is willing to investigate with the aim of seeing Bobb reinstated if it is found that she was dismissed because of her pregnancy.
“We summoned the M&CC when that situation was brought to our attention but they knew they were wrong and chose to reinstate the individuals. We are prepared to investigate and resolve this matter as well,” Ogle said.
The three city constables had been told that their pregnancies were a violation of a department policy that prohibits female constabulary officers from becoming pregnant during the first two years of their service, which is a mandatory probation period.
The policy, however, contravenes the provisions in both the constitution and the Prevention of Discrimination Act, which expressly prohibit discrimination on the grounds of pregnancy.
Article 149 1(a) of the Constitution states, “No law shall make any provision that is discriminatory either of itself or in its effect,” and Article 149 1(b) states that “no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.” Article 149 2 specifies that “discriminatory” includes affording different treatment to different persons attributable to several factors, including gender and pregnancy.
In addition, Section 4 of the Prevention of Discrimination Act lists pregnancy among the “Prohibited Grounds of Discrimination.”
Guyana is also a signatory to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which calls for the protection of women’s rights in the workplace. Article 11 para 2(a) of CEDAW specifically states, “In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, State Parties shall take appropriate measures: to prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave.”
Responding to the overwhelming public outrage over the policy, officials at City Hall made the decision to reinstate the women.
This result emboldened Bobb, who yesterday approached politician Mark Benschop to have her story told. Benschop along with member of the Women and Gender Equality Commission Nicole Cole had protested in front of City Hall over the discriminatory constabulary policy.
