Employment for Amaila project…APNU, AFC express concern for locals

Aug 09, 2013 News

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By Abena Rockcliffe
Though A Partnership for National Unity (APNU) and the Alliance For Change (AFC) now essentially have differing opinions and positions on the Amaila Falls hydro power project, it seems, so far, as if both parties are still on the same page as it relates to securing employment for Guyanese during the construction phase and life of the project.

During the last stakeholders’ forum on the Amaila Falls project, it was revealed that the language used in the contract between Sithe Global and China Railway was to “secure” employment for Guyanese during the construction of the hydro plant.
China Railway First Group has been contracted by Sithe Global to construct the facility.
The Chinese construction company is currently undertaking section ‘seven’ of the Amaila Falls Access Road and has not employed any Guyanese on that venture. The company has further stated that it will not be employing any Guyanese as it proceeds with that section of the access road.
However, president of Sithe Global, Brian Kubeck, indicated during the stakeholders’ forum that the construction site will attract just about 1,500 persons, of whom between 15 to 20 percent of will be Guyanese. This however, is being provided for, using “very discretionary language” as was presented by Sithe Global.
Kubeck said that the Engineering Procurement and Construction (EPC) contract with China Railway ensures that the conditions are made so that Guyanese workers will have work “opportunities.”
Some of the phrases used to “secure” jobs for Guyanese include phrases such as, “reasonable efforts”, “where possible”, “as-needed”, “reasonable provisions” and the word “adequate.”
According to Kubeck, Guyanese will be accommodated at the site at the same standard with foreigners and Sithe Global has an overtime “obligation” to train Guyanese for the senior positions.
APNU’s Shadow Minister of Legal Affairs and Labour, Basil Williams, told Kaieteur News that employment for Guyanese is always a priority of APNU. He said that if the Amaila Falls project is to go through, Guyanese must be first priority in every way; including employment.
Williams saw it fit to refer to “PNC time (as government) when ‘Guyanization clauses’ were used”.
He explained that a ‘Guyanization Clause’ is one used in contracts with foreign investors, companies/contractors to ensure that Guyanese will be employed and that the system be so designed that Guyanese can “take over in full.”

The lawyer detailed, “We had that in place so that even if half of the workers on the project construction were Guyanese, after some time, Guyanese would have been able to take over. We had those clauses back then and I would recommend that they be used now, because Guyanese should all time be first priority.”
Williams also told Kaieteur News that discretionary language is not advisable in contracts since they aren’t really enforceable in a court of law.
Similarly, yesterday at an AFC press conference, the party’s treasurer, Dominic Gaskin, said that the AFC is “very concerned” about the discretionary language used in the contract between Sithe Global and China Railway.
He emphasized that discretionary language can’t be relied on to secure employment for Guyanese labourers.
Gaskin added that the AFC hadn’t as yet gotten a chance to review and discuss the Engineering Procurement and Construction contract, but said that the party would advocate that the language be tightened.
Sithe Global’s presentation to stakeholders at the forum had under the heading “Guyana Goods, Services and Labour,” the following bulleted points.
“The Engineering Procurement and Construction contract requires China Railway to undertake the following:
–Use reasonable efforts to use materials produced in Guyana by Guyanese citizens, and services provided by Guyanese citizens.
–Use reasonable efforts to hire individuals who are Guyanese citizens and resident in Guyana
–Actively recruit local, qualified citizens of Guyana where possible to work at the AHP site
–Advertise upcoming hiring needs by skill category on an as-needed basis in Georgetown, Linden, and the Amerindian villages.
–Provide adequate contractor supervisors capable of speaking fluent English to avoid discrimination against Guyanese employees.
–Provide housing in the labour camp for Guyanese employees that are equivalent to that provided to employees from the contractor’s country.
–Make reasonable provisions for Guyanese workers.
Eminent forestry expert, Dr Janette Bulkan, who was also present at the stakeholders’ forum, is among those who have pointed to the language used.  She had highlighted that this kind of discretionary language does not match Guyana’s Investment Code of 1988.
The Marriott Hotel, which is currently under construction, has seen no Guyanese labour being used, with the lone exception at one time being a security guard. Various officials, in defending the exclusive use of Chinese labour on the project, spoke to the unavailability of Guyanese skills.

 

 

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