The Union has not broken the laws or the CLA

Feb 03, 2010 Letters

Dear Editor,

Mohamed Akeel’s letter (It is the bauxite union which walked away from an agreement, SN, January, 28, 2010) forcefully brought home recognition of the distance someone will go for a few pieces of silver or assume that one is a law unto self.

Beyond spurious attacks and reckless statements Akeel could not refer to any law to support the Bauxite Company Guyana Inc (BCGI) illegal acts of which he is a principal architect. Being BCGI’s Labour Consultant, former Chief Labour Officer and drafting some labour laws does not place one above the laws; neither does it change the laws and principles underpinning industrial relations.

In the illegal efforts to justify another attempt to destroy the economic well-being of workers one continues to see:

a) BCGI refusal to recognise the union, bargain in good faith and enter into negotiations for the purpose of collective bargaining even though the Trade Union Recognition Certification Act, Chapter 98:07, Section 23 (1), said it cannot be done;

b) Refusal by the Minister of Labour to carry out legal responsibility under Chapter 98:01 Section 4 (1) which gives him the power to intervene in the case of trade disputes;

c) Attempts to deny workers their right to strike when the Guyana Constitution and Collective Labour Agreement 46 (2) protects it;

d) Dismissal of striking workers when Chapter 98: 07, Section 26 (2) (a), said it cannot be done;

e) Coercion of workers to sign a company prepared petition in the hope of forcing de-recognition of the Union when ILO Convention No 87 and the Recognition Act allow no one, other than the workers, to determine the union of their choice;

f) Refusal to honour the Collective Labour Agreement when Chapter 98:07, Section 30 (1), expressly states it is legal and binding.

Akeel acknowledges that during the negotiation, (a) the company and union collectively wrote the government twice requesting the re-introduction of overtime tax relief as a measure of ensuring workers receive more take home pay, and that after the Government refused to respond to (a), the union moved to (b) and demanded a 10 percent increase to realise the agreed objective, are all indicators of a Union negotiating in good faith. Known for his inattention to details Akeel fails to recognise that he was penning admittance that the union did not abandon good faith negotiation.

On the other hand at the agreed December 2, 2009 scheduled meeting at the Ministry of Labour between the company and union to continue negotiation, it was BCGI that walked away from the agreement; wrote the union on December 1, 2009 informing it has “terminated with immediate effect” the Collective Labour Agreement and moving to seek de-recognition, it is BCGI that has since refused to meet with the union in as much as the union sent letters to the Managing Director, Minister of Labour, Chief Labour Officer, Trade Union Recognition & Certification Board and RUSAL CEO requesting intervention and a return to the negotiations.

The Union has not broken the laws or the CLA. These are being broken by the Guyana Government and RUSAL/BCGI. Rights and the rule of law are non-negotiable! No one should have to beg for what is enshrined in statutes and international conventions and laws.

It’s the first time in Guyana’s history a dispute has gone this long and the Ministry refuses to intervene. Never in the history of this country has such violations of workers’ rights and the rule of Law been so ravished. Never before has the Government of Guyana under previous regimes failed to represent the laws of this country to prevent foreign transgressions; moreso against the workers of this land by a foreign company. Yet this government would lead all to believe that there were worse times. It is now more than two months and counting and the Guyana government has failed to uphold its own Laws and shows no interest in doing so. From government’s inaction it is fair to conclude that these acts by the Government, BCGI, Akeel and others are designed to provoke a confrontation, to satisfy an agenda to trample a people. Economic deprivation is part of a process of political aggression and social destruction which this government has embarked on for Africans principally and for all others identified as dissenters or of a different political persuasion. There can be no other explanation other than a race driven political agenda for the unending lawlessness and blatant refusal to uphold the laws and execute legal responsibilities.

Note is taken of Akeel’s efforts to justify the unjust act of unleashing the army and riot police on workers to suppress legitimate action. There was no uprising, no threat to sovereignty, or law broken to require the presence of the armed forces. This open on-going contempt meted out to dominantly African bauxite workers, which started in November 1992, can only happen because of the level of intolerance, lawlessness, dis-interest in the welfare of others, polarized politics and fear that hold this nation hostage. No Guyanese should get comfortable and think it cannot happen to them, because when it does there may be no one left to speak for you! The recent abuse meted out to Dr Bulkan should further serve as a reminder that we are all potential victims of a cruel regime.

Acknowledgements are made to those who refuse to succumb and silence their voices. The continued violations must not be condoned. Bauxite workers are not aliens; they are human beings born with inalienable rights protected in the Constitution. Sergey Kostuyk, Mohamed Akeel, Manzoor Nadir and Yoganand Persaud must respect the Constitution of Guyana! And all law abiding citizens must see to it that they do.

Lincoln Lewis