GPSU PRESS RELEASE: Abuse of Constitutional Rights

The Guyana Public Service Union has serious concerns about the prevailing political environment in which Public Servants function to provide committed, conscious and dedicated service to the Citizenry. There is glaring evidence that the Government of Guyana is not genuinely inclusive, as it claims, among other disturbing factors, such as the autocratic nature of Government and its obvious obsession with power, its disrespect for the rule of law and the insensitivities shown for the rights of the people by official operatives.

In relation to workers, freedom of association as well as the trade union rights, which are guaranteed under the Constitution of Guyana. However, the Government of Guyana shows glaring double standards as it relates to these constitutional entitlements. Persons are often treated with jaundiced eyes based on their perceived political affiliation, some organisations are ostracized based on perceptions of political allegiances or opinions. As a result, they are subjected to various acts of discrimination, victimization and unlawful abuses. Similar treatment is meted out to persons or organisations opposed to acts of executive lawlessness and unlawful political conduct, which are clearly and frequently displayed by Government Officials.

Based on President Ali’s pronouncements, in The Commonwealth of the Bahamas, on his desire to unify the peoples of Guyana, as carried in the Guyana Chronicle on February 21, 2023, the GPSU in a letter dated March 2, 2023 informed the President of its willingness to partner with him on the venture. Not surprisingly, in the character of the treatment of many previous missives to him on conditions of service of Public Service workers, there was abject silence and the usual failure to acknowledge the Union’s overture.

It is well established that the GPSU is an apolitical organisation that have been outspoken on issues related to Government abuses/excesses, which include, but are not limited to, the following:

(a)      The failure to appoint institutions, such as, the Public Service Commission and the Judicial Services Commission that were formulated to enable good governance seems to be politically hijacked

(b)      Breaches of the Constitution and Laws of Guyana, International Labour Organisation Core Conventions that are in force and the ILO Declaration of Fundamental Rights and Principles of Workers and the legally binding Collective Labour Agreement between the Government of Guyana and GPSU.

(c)      Acting in conflict with all grounding principles of Trade Unionism and working-class credentials that it pretends to have.

(d)      The deliberate, blatant, and discriminatory ignoring of the astronomical increase in cost of living; current inadequate earnings of workers, who provided and continue to provide quality public services; and the displeasure displayed by so many workers, particularly those in the health sector and teaching services, who choose migration rather than remain in this hostile, political, race-charged environment, ineptly managed by an ungrateful, uncaring, and insensitive employer.

(e)      Manifestly undervaluing employees’ services and contributions to the progress and development of the Cooperative Republic of Guyana.

(f)       Unsympathetic, unenlightened, and backward approach to modern industrial relations, including provocation, discrimination, and the act of challenging workers to be confrontational, which could ultimately lead to the creation of further ethic divisions in the society.

(g)      Political intimidation of workers, through Ministerial interventions at workplaces.

(h)     Facilitating political involvement in the Public Service through the implantation of political operatives under specialized contracts within the Public Service and the involvement of Ministers of Government in the responsibility of the Administrative arm of Government, contrary to the prescription of the Constitution of Guyana. The GPSU has had to bring to the attention of President Ali its concerns and displeasure with the unconstitutional political interference, particularly in the case of the Minister of the Public Service, and other political appointees in the administration of the Public Service.

(i)       The lack of genuine interaction with the workers’ representative and the perennial breaches of Collective Labour Agreements.

(j)       Failure to pursue a path of good governance through respect for the rule of law and to resolve issues through the legitimate processes of collective bargaining.

(k)      As the largest employer nationally, the Government sets no example for other employers on issues of workers’ rights, collective bargaining, and good faith negotiations.

(l)       Propagating a myth within the Public Sector that contract employment is more desirable and secure than the permanent establishment status, to maintain political control over employment within the sector. This diatribe was espoused by Labour Minister Joseph Hamilton in an interview with Globespan on March 22, 2022, even though his professional responsibilities, include:

·         protecting working people by enforcing labour legislation;

·         the maintenance of industrial peace, through advisory or conciliatory measures between trade unions and employers; and

·         facilitating access to the labour market.

(m)    Ignoring the GPSU’s request to ratify International Labour Organisation Convention C190 on “Violence and Harassment”, together with related its “Violence and Harassment” Recommendation 206.

As a result of its stance on these and other matters, Government has, over the years subjected the Union to a litany of abuses, including:

·         The suspension of the Agency Shop Agreement.

·      Union busting and derecognition of representation at a number of agencies, including Forestry Commission and the Guyana Fire Service, which forced GPSU to take legal action in the year 2000, but these cases are still outstanding in the Courts.

·         Scant regard for legally enforceable Collective Labour Agreements with GPSU and lack of respect for the legally enshrined collective bargaining processes.

These forms of discrimination and victimization are meant to weaken the Union and rob it of its support base. There are also active intentions to weaken militant Public Service Workers, through a process of selectively paying higher wages, salaries, and allowances to a chosen few.

As a Union, we must continue to demand that Government functionaries respect the rule of law and their individual Oaths of Office, be inclusive, desist from their discriminatory and dictatorial postures, involve all stakeholders in the decision-making processes, and subscribe to the precepts of good governance, through which national goals could be achieved and wealth equitably distributed to all.

May God bless and keep us all.