Submitted by the Guyana Bauxite & General Workers Union

This morning the GB&GWU met with the Ethnic Relations Commission (ERC) at Watooka House, Linden in connection with its complaint filed on January 4, 2010. The ERC four-man team was led by ERC Chairman Juan Edghill and the Union’s team by General President Charles Sampson. The GB&GWU in its Preliminary Presentation reiterated its desire to have a public inquiry into the charges of discrimination and expects the ERC to facilitate the process with the urgency it deserves.

The Union has received a response to its letter (January 4, 2010) from the Trade Union Recognition & Certification Board and is scheduled to attend a meeting on Tuesday, January 12, 2010 at 11:00 am in the Boardroom of the Ministry of Labour, 82 Brickdam. This meeting is expected to address the issues of the Collective Labour Agreement and the coercion of workers by the company to sign its prepared petition to seek de-recognition of the Union.

The Union is yet to hear from the Ministry of Labour in as much as a letter was hand delivered to the office of the Chief Labour Officer, Yoganand Persaud, on Wednesday December 31, 2009 seeking his Ministry’s involvement in having the more than two-month old dispute resolved.

A letter by dismissed workers of Aroaima is dispatched to Prime Minister Samuel Hinds seeking his intervention in having the workers’ rights respected and justice prevail

The GB&GWU remains committed to ensuring the respect for the rule of law, workers’ rights and the Collective Labour Agreement and will not relent until justice is served!

Charles Sampson

General President

GB&GWU.

See Presentation to the ERC and letter to the Prime Minister below.

Preliminary presentation made

by

The Guyana Bauxite & General Workers Union

to the

Ethnic Relations Commission

at

Watooka House

Linden

The GB&GWU wishes to record its appreciation for your prompt response to our complaint made on Monday January 4, 2010. Cognizant of the important role of the ERC as adumbrated in Article 212D (b) of the Guyana Constitution which says that this body would “promote the elimination of all forms of discrimination on the basis of ethnicity; and 212D(c) which “discourage and prohibit persons, institutions, political parties and associations from indulging in, advocating or promoting discrimination or discriminatory practices on the ground of ethnicity.”

You would agree Members that these are serious responsibilities and should be attended to with the seriousness they deserve. The GB&GWU is here to assure you of its commitment in respecting the functions of the Commission as we seek your involvement in ensuring the rights of our members are protected and the Constitution enforced. The Union views this issue very seriously and wishes to advise that the statements made by the Minister of Labour, Mr Manzoor Nadir, carried in the Stabroek News  January 2, 2010 has not been the only instance of discriminatory treatment meted out to bauxite workers but it may have been the straw that broke the camel’s back in a long list of targeted and sustained discrimination against bauxite workers and the union as far back as November 1992 and against the bauxite communities of Linden, Aroaima, Kwakwani and even Everton. To be more specific they are a number of events that preceded the current issues that emanated from the strike in Aroaima as such we view this meeting as a preliminary engagement for the commencement of the process in establishing the modalities for a public inquiry.

As a trade union we have a social and moral responsibility to the communities within which our members live and we operate. We are guided in the struggle for fundamental rights consistent with Article 149 of the Guyana Constitution that speaks to protection from discrimination on the grounds of race, place of origin, political opinion, etc.

The Union is aware that the Commission has within its scope the right to “establish mechanisms and procedures for arbitration, conciliation, mediation and like forms of dispute resolution that would ensure ethnic harmony and peace.”  In our complaint we drew your attention to the fact that “the politics of Guyana ’s race relations are well known to all and leaves the Bauxite workers discrimination as a visible casualty of discrimination premised on race.” It is our hope that an inquiry will be conducted of such a nature to prove (and we are confident it can be proven) or disprove this charge and if proven mechanism put in place to correct the discrimination.

Honourable Members, you would have observed that in our complaint we requested a public inquiry because we are conscious that the gravity of the discrimination borders on race, political affiliation/geography, economics, rights and the rule of law. The gravity of this case cannot be dealt with in bilateral initiative taken by the ERC to engage the union; then engage the company; then engage the Minister; or whomever have been named in our compliant. This will not work. Neither will it remove the tension and discriminatory acts necessary to “secure ethnic harmony and peace.” Having raised these concerns the Union’s position is as follows:

• We will agree to participate and provide all information to support our charges in an open public inquiry. The complaint is in the public domain- local, regionally and internationally- as such this matter is no longer an issue between the GB&GWU, the ERC, BCGI and the Ministry of Labour. It is the people’s issue and as such the people must now be kept abreast and be prepared to participate where and if necessary;
• We will confirm to an agreed time table for participation that is consistent with agreed and acceptable principles and practices. It is also important that history records factually the events as they take place.
• The Union requests a forum that provides for supporting evidence and witnesses to be called. We will also rely on technical support whom ample notice will have to be given.

Given the gravity of this issue in concluding the Union expects the ERC to seriously consider our position for a transparent, public and impartial inquiry.

We look forward to future fruitful engagement.

Thank you.

Guyana Bauxite & General Workers Union.

January 8, 2010

____________________________________________________________

Letter to Prime Minister

Honourable Samuel Hinds

Prime Minister

Office of the Prime Minister

Oranapai Towers,

Wight’s Lane Kingston,

Georgetown,

GUYANA .

January 8, 2009

Honourable Prime Minister,

We bring to your attention our concerns and struggle for respect of worker’s rights and honouring of the laws of Guyana which represent our state of democracy and good governance.

We do so with full memory of your stand for rights and justice at Guymine and Linden Mining Company. As we recall your fearless struggles prior to October 1992 on the national stage crusading throughout Guyana as chairman of GUARD. We are reminded that you were able to retain employment in the mining sector and continued to function without recrimination as a senior functionary both of the government and of the Bauxite company both of which you were publicly critical of. Your advocacy was perceived at the time to be genuine. However political associations, office and time must have slowed your passions and advocacy since October 1992  for these values and goals for political growth and deepening of our democratic process still hold dear  and  appear even more elusive than during the period prior to October 1992.  We hold true to these values and embrace the principles of democracy and good governance not just as catchy slogans but as essential prerequisite for nation building, prosperity, peace and stability.

As the second most powerful politician as per the constitution of this nation much is expected of you  and much was promised by you hence we hold you today accountable for assisting us in our struggles for justice and rights. We place before you our story in brief,

In November 2009 the workers of Aroaima were exercising their constitutional right and also executed their right consistent with the Collective Labour Agreement between the Guyana Bauxite & General Workers Union (GB&GWU) and the Bauxite Company Guyana Inc. (BCGI) by asking for an increase in pay. For taking this stand 57 families have been placed on the breadline. To make it clear, 57 workers were dismissed.

The company has dismissed us on trump up charges such as refusal to obey instruction, insubordination, etc. It should be noted we were never charged, never summoned to answer the charges, and were not on the job since we were on strike. In fact we were never given a hearing yet the company has pronounced us guilty of all these offences. Today as we continue to take a stand for our rights the Ministry of Labour has thus far taken the position that we do not have any rights or any recourse for justice.

It seems to us our plight has not been taken seriously or we are viewed as second-class citizens in the land of our birth. We therefore take this opportunity to retrace the events for recollection:-

• It was our Union, the GB&GWU, who initially submitted a proposal to BCGI for a wage increase. The company responded by submitting three counter proposals. At a meeting in Aroaima between the union and the workers, the workers voted to accept one of the company’s proposal and this was communicated to the company via the Union.
• Subsequently, workers were summoned to a meeting by BCGI’s management who sought to question our acceptance of their proposal. Those at the meeting who advanced justification for the choice were told by management that they would be among the first to be retrenched.
• On the third day of the strike the company distributed suspension and dismissal letters to workers.

We, the workers, see the company’s action of forcing us not to accept their proposal and then threatening the vocal ones with retrenchment as acts of workplace terrorism and disrespect for our rights. It became clear to us that the company never wanted us to accept their proposal which also suggests that from the outset the company never intended to negotiate in good faith.

Sir, you would agree the issue before us is grave since it is a direct attack on our rights and the rule of law. Today we seek your intervention as the government parliamentary representative for Region No. 10, a former miner, former resident of the mining community, rights advocate, minister with responsibility for mining and Prime Minister to have this matter resolved by having our rights respected and justice restored.

We look forward to hearing from you soonest.

Respectfully,

On behalf of the “dismissed” workers of Aroaima

Carlton Sinclair, Wayne Coppin, Lennox Williams, Troy English, Sheldon Rose, Fitzroy Millington, et al