Ombudsman's performance a breath of fresh air - GTUC

Ombudsman’s performance a breath of fresh air – GTUC

Jan 08, 2015 News

Ombudsman, Justice
Winston Moore

The Guyana Trades Union Congress (GTUC) has lauded Ombudsman, Justice Winston Moore, for continuing to do his job in a fair manner.
GTUC’s statement yesterday followed Tuesday’s announcement that the Office of the Ombudsman has been legally advised that former University of Guyana lecturer, Freddie Kissoon, was wrongfully dismissed. The Office of the Ombudsman in late December, notified the University that it has received legal advice that Kissoon was wrongfully dismissed and is entitled to compensation.
Kissoon’s complaint followed that of former head of New Building Society, Maurice Arjoon, who was sacked in 2007 along with two other managers and wrongfully charged with fraud. A report from the Ombudsman was scathingly critical of the police investigation.
Amidst criticisms of seemingly biased decisions by the judiciary in a number of high profile cases, the GTUC yesterday said that the professional performance of the Ombudsman is a breath of fresh air in a society devoid of accountability.
“It is left for the masses, particularly those who are educated, to recognise the shortcomings of Government and to lead the demand for constitutional adherence and good practice.
We owe it to ourselves to ensure good governance and societal stability by building on the struggles and achievements of our 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.”
GTUC said that what is coming out from the Office of the Ombudsman would only reinforce and bring to the fore the absence of several other such bodies enshrined in the Constitution to protect people 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.”
GTUC also reminded President Donald Ramotar that it was he who promised last year January at the swearing in of Justice Moore, that the Government is working towards filling other constitutional posts and [the Ombudsman] will have the full support of the government.”
GTUC reminded the President of his commitment and similar constitutional obligations to ensure the establishment of the outstanding Rights Commissions (Human Rights, Public Procurement, and Public Service Appellate) and other constitutional offices.
“Like the Ombudsman, constitutional bodies serve as check and balance for Government, ensuring that citizens are treated justly so they can continue to enjoy similar rights as we have seen executed in the cases of the New Building Society workers and Frederick Kissoon vs. University of Guyana.”
GTUC noted that for nine years a grave injustice was inflicted on Guyana when the Office of the Ombudsman remained vacant. “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.”
But the union body said that whilst the Ramotar regime is credited for filling the Ombudsman’s office, the regime still has miles more to go and many more constitutional offices to be established to ensure good governance-inclusive the reconvening of Parliament.
GTUC said that many workers have suffered from wrongful dismissal, transgressing of their rights and had no recourse, and were forced to go to the court instead of dealing with the Ombudsman and Public Service Appellate Tribunal, the latter of which is yet to be constituted.
‘It is time that all and sundry consistently hold the PPP government accountable to good governance in keeping with the Guyana Constitution which lays the framework for same.
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, short comings and failings.
The PPP cannot commit the crimes of mismanagement and poor governance and be allowed to continue laying blame at the feet of others.”
GTUC also called on NBS 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,” as citied in Article 194 (3) of the Guyana Constitution, the Ombudsman can seek recourse to the National Assembly to correct the “injustice.”