SOCIAL cohesion and national unity in diverse societies such as ours are reliant on universal respect for and adherence to laws, time-honoured principles, international conventions and charters. An individual/group may have very good intent in effecting change and development, but this can only be ensured by acting in concert with the instrument(s) informing the particular issue at the given time.
This society continues to witness a dangerous practice that is cementing precedence to engage in further transgressing of rights. Such conduct would impact negatively on the actors and embracers of the transgressions. One does not have to like a person/worker, his/her politics or association in order to respect the laws and uphold the rights of that individual. There must be growth in the management of the affairs of State, and we owe it to ourselves to let it begin with us, here and now.
As a trade unionist, the growing disregard by the Government of Guyana for the Laws of Guyana, time-honoured principles, international conventions and charters is alarming. Unless these change or Guyana withdraws membership from international organisations, the government is duty-bound to comply with the tenets outlined in these instruments. While persons/organisations have publicly referenced respective instrument(s) that should guide conduct on given issues, the universal disregard and contempt for these which started in the Bharrat Jagdeo government and which continued with Donald Ramotar government, must be stamped out in the David Granger/Moses Nagamootoo era in order to shed local and international concerns of Guyana being a lawless/corrupt country.
There are two incidents that made the news last week. The Chief Executive Officer of GuyOil who was sent on vacation to facilitate an audit and dismissed when the vacation ended. The other is the Deputy Director of the Guyana Prisons who has been sent on vacation to facilitate an inquiry into the upheaval at Camp Street last week, which resulted in injuries, loss of lives and destruction to properties. These incidents continue the pattern as happened with the heads of the Guyana Revenue Authority and NICIL. Any explanation for action, irrespective of support for a political party/government, once such is in contravention of time-honoured principles and practices, it is unacceptable and must not be condoned.
The Labour law is very clear on a worker’s right to vacation, which is earned. The principle and practice in organisations have been one where the worker exercises the choice of when to proceed on vacation, outside of blackout period(s). Where there exists exigency for the worker’s service she/he can be asked to forego vacation at a given time in preference for another time.
Where it is felt that a worker may have engaged in practices inimical to the organisation and such need to addressed, that worker cannot be sent on vacation leave, but has to proceed on administrative leave. Administrative leave is an absence of the worker from the worksite, with the aim of ensuring unfettered access by the administration to investigate allegations or charges against the worker. These are labour practices that are considered time-honoured principles.
Our laws make a clear distinction between dismissal and termination. Dismissal is based on a cause which has to be stated and the worker enjoying the right to be heard. With termination no reason has to be given, but the worker has to be paid all earned benefits. What has been happening is that workers are being terminated, but the utterances from the respective management have all the hallmarks of dismissal. Decisions made without consideration and/or respect for established laws and principles have dire implications for this nation’s social and political stability.
Where the PPP/C now claims a sanctimonious position when successive administrations trampled rights and violated laws with impunity, probably never thinking it will be in the opposition again, the APNU+AFC must too take this as lesson of what its leaders ought not to do and be, and how they would like themselves and workers to be treated should the tables turn.
Outside of the souring industrial relations environment, another area of concern is corruption, which is hinged on the violation of laws. Where government may be well-intentioned in moving the country in a particular direction, it has to be equally mindful that such cannot deviate from the laws. Where nepotism, pay-to-play, and the use of political power or influence to solicit from others, given that such can lead to government patronage, such must be of concern. And where too the Private Sector Commission makes known that the government is not doing sufficient to curb corruption, yet at the same time questions the credibility of Transparency International Corruption Perceptions Index that shows Guyana in poor light, is not surprising.
What each and every one of us must demand to ensure the elevation of Guyana’s image is that the state’s business must see government officials engaging in conduct consistent with the rule of law. More important, we must insist and ensure corrupt officials are placed before the courts, bar none, and constitutional bodies such as the Public Procurement Commission, Public Service Appellate Tribunal and Integrity Commission are activated. We must retain a vested interest in the affairs of the state and our votes must count outside of the elections by having our voices heard and oversight maintained.