Dear Editor,
Comments made by a party representing the management of the Bauxite Company of Guyana Incorporated (BCGI) and Minister Keith Scott who has responsibility for Labour, on matters relating to workers of BCGI are a flagrant violation of universal tenets. Reference is made to a news item broadcast on NCN television on Tuesday 12th April, 2016.
Minister Scott is not empowered under ILO conventions, Laws of Guyana, time-honoured principles, or industrial relations practices to sit with any employer and make decisions for workers in the absence of the workers and their representatives.
As minister assigned the task of Labour, under ILO conventions, the Guyana Constitution and Labour Laws, where there exists a recognised trade union, his is the responsibility to ensure the employer treats with the workers’ representative in good faith.
The failure to do this on the minister’s part constitutes a continuing violation of laws and transgressing of the rights of workers. By the minister’s conduct the Government of Guyana is once again colluding with BCGI management to transgress the rights of Guyanese workers and trample the Laws of Guyana.
Had the minister acquainted himself with ILO Conventions Nos. 87 and 98, Article 147 of Guyana Constitution, Labour Law Chapter 98:01 and Trade Union Recognition Act 98:07 Section 23 (1), he would have acted differently. Under these tenets the minister would have recognised, and hopefully appreciated, that he has no authority to make decisions on workers’ behalf. His is the authority to make decisions for the enforcing of the laws.
There is a Certificate of Recognition for the Guyana Bauxite and General Workers Union (GB&GWU) as the recognised union representing workers at BCGI. This certificate is dated 26th July 2007. The minister should have deferred to this legal instrument and accordingly insisted the parties meet across the table and resolve their grievances.
Failing to have a resolution, under the Labour Law 98:01 the minister is empowered to institute compulsory arbitration. This was done in 2012 by then Minister of Labour, Dr. Nanda Gopaul. BCGI challenged the matter in the High Court and a ruling was issued in favour of the law. Six years hence the Government of Guyana continues to show contempt for the court’s decision. Were there respect for the Rule of Law by now the minister would have appointed an arbitrator and issued the letters to both union and company. Notably, the decision of the arbitrator will be final and binding on both sides.
The nation must not be fooled by BCGI’s ploy. Workers – past and present – are not commodities, nor are Guyanese by law an enslaved or colonised people. Where BCGI is prepared to respect our Laws and citizens, such will be met with corresponding respect.
2016 marks 50 years of political independence. Where foreign management feel they can talk down to Guyanese, treat us as second-class citizens in our land and show contempt for our laws, such will not be countenanced by Guyanese who understand what freedom and equality mean. Further, where our forebears paid the price for freedom with their lives, sweat, blood, tears and labour, there shall be no disregard for or erosion of such achievement.
Minister Scott is once again advised that industrial relations is a discipline which is guided by a body of rules, laws, conventions and time-honoured principles. Industrial relations is not guided by gut feelings and egos. His is therefore the responsibility to advise BCGI management, that he who has taken the Oath of Office to uphold the Laws of Guyana and discharge his duty without fear, favour, ill will or appreciation, that the Rule of Law reigns supreme, he is duty bound to enforce it, and BCGI management is equally subjected to obey it. Doing otherwise is making a mockery of any claim to celebrating independence when bauxite workers’ cries for freedom have been a heavy overcast on this nation for more than six years.
Yours faithfully,
Lincoln Lewis
General Secretary
Guyana Trades Union Congress
