OVER the last three weeks, this column has focused on generating national conversation on the Green Economy from a standpoint of having a practical outlook. This is being done with the aim of creating understanding of what this type of economy constitutes, how development is measured, the role and responsibilities of government and citizens, and the opportunities that can be made available in making it happen. Having dealt with Sustainable Development and the Environment, which represent two of the three pillars, attention is now being paid to the Labour Policies.
Labour policies have their genesis in the International Labour Organisation (ILO) Core Labour Standards from which countries such as Guyana and those within the Caribbean Community (CARICOM) Decent Work Programme arose. These standards are arrived at through collaboration and agreement among the tripartite partners, who are Government, Employers’ organisations and Workers’ organisations (trades unions). The spirit and intent behind forging and ensuring a tripartite relationship is premised on respecting equality in society, which sees groups as equal partners with an equal stake in the growth and development of the workers/citizens and their society.
Though each stakeholder has a unique role and responsibilities, the intertwined/symbiotic relationship among the three are important in ensuring development through production and productivity. It means therefore for these to happen, the enabling environment and protection have to be secured. In the instance of the Government, its role is of passing just laws (Legislature) administering the day-to-day business of the state, developing policies and implementing programmes consistent with the laws, international conventions and charters (Executive) and adjudicating the laws (judicature) that would hold Government, employer and the employees to operate within these confines. Such an environment bodes well for a stable industrial relations climate and human relations.
In the green economy, where growth is premised on the Human Development Index, the primary role and responsibility of government is ensuring employer and employee are allowed to function consistent with the Core Labour Standards, which is premised on eight fundamental ILO conventions that are divided into four categories. These are: i) Discrimination- as outlined in Convention No. 111 which addresses employment and occupation, and No. 100 that speaks to equal remuneration; ii) freedom of association and collective bargaining (No. 87 that protects the right to organise, join trade unions of choice and freedom of association) and the right to organise (No. 98 that protects the right to organise and collective bargaining); iii) forced and compulsory labour (No. 29 that addresses forced labour and No. 105 that speaks to its abolition); and iv) child labour (No. 139 which addresses the minimum age for employment and No. 182 that identifies the worst form of child labour).
In the European Union and Cariforum (CACRICOM + The Dominica Republic) Trade Agreement, there is a chapter described as “Social” which attends to the partners’ responsibilities to the Core Labour Standards. This means that Guyana, which is a member of CARICOM, has corresponding duties and responsibilities, which are shared by the tripartite relationship known as Social Partners, of which Government is tasked with enforcement.
In looking at eliminating discrimination, we the people, inclusive of government, workers and employers, have to work to create an Equal Opportunity workplace, both private and public. It means that hindrance such as access to vocational guidance and placement, barriers limit/shut out the differently abled demographic, disregard for meritocracy and so forth have to be eliminated. Access to training and employment of the individual’s choice based on suitability has to be assured.
In the workplace, every worker must have a fair opportunity for promotion and the security of tenure of employment. Remuneration for work of equal value cannot be overlooked, for it is fundamental to the principle of equal opportunity. There must be gender equality not only in law, but also in practice to ensure women’s right to equal opportunity for employment and remuneration has the same value as men. Condition of work such as hours of work, rest periods, annual vacation with pay, occupational safety and health, and social security measures are also important factors.
On freedom of association and collective bargaining, respect for these rights must prevail as a matter practice, given that they are already in the laws and conventions. The rights of workers and employers to establish and join organisation of their choice without any authorisation from government is guaranteed in Convention No. 87. This convention also guarantees workers adequate protection against acts of anti-union discrimination with respect to their employment, including requirements that a worker must not join a union or relinquish trade union membership or employment, or dismissal of a worker because of union membership or activity.
The practice that started under the PPP/C administration of recruiting contract workers to perform duties that required tenured employees is a violation of Convention No. 98, which the Government of Guyana ratified in 1966. The posture of the Ministry of Social Protection in wanting to direct the activity of the trade unions in the planning and execution of Labour Day 2016 is a violation of Convention No. 87.
The call by the trade union community for a Ministry of Labour cannot and must not be overlooked. Where Convention No. 87 protects the rights and responsibilities of the employers’ organisations and workers’ organisations reinforce the principle of equality and must be treated likewise by Government and State operatives. That the Executive saw it fit to establish a Ministry of Business to facilitate the activities of the employer, but thinks the workers are not equally deserving by relegating their well-being to an ill-equipped LabourDepartment speaks to discrimination. The Executive must take note and move to have the inequity corrected.
To be continued…..