Trade union recognition Bill passed
- expands ‘voice of labour’ – Minister Nadir
Georgetown, GINA, January 9, 2009
The National Assembly last evening, at its first Sitting for the year, debated and passed the Trade Union Recognition (Amendment) Bill 25/2008. The Bill was laid in the House on December 22 and came up for debate on December 29, but was put off due to an objection raised by Opposition Leader Robert Corbin.
In presenting the Bill Labour Minister Manzoor Nadir argued that the amendment’s main principle would strengthen the laws with respect to representing workers in Guyana. Referring specifically to the amendments to sections (1) which provides for the general title and (2) where the piece of adjustment is being made to bring the country’s laws in line with international norms and conventions. He further argued that the Bill ensures that the ‘real voice’ of the workers is heard.
The Minister explained that the current legislation, “speaks to the largest association of trade unions.” He argued that sticking with that, can lead to the majority of workers’ voices not being heard because, “the present formulation handcuffs us to dealing with only one organization, that is the Guyana Trades Union Congress,” he said
“If we stay with the current formulation, if we do not change or define the voice of the worker we are not going to be doing justice to this democracy we are speaking about,” the Minister emphasized.
He pointed out that in Guyana labour has many voices and the amendment will ensure that, “there is loud and clear voice of labour. Not the voice of any one organisation that claim to represent the majority of labour.”
The Minister reminded that unions in Guyana have two associations, the Guyana Trades Union Congress (GTUC) and the Federation of Independent Trade Unions of Guyana (FITUG), but the present legislation does not recognize FITUG which represents 60 percent of the unionized workers.
He further argued that FITUG is unofficially recognized by State agencies and several international non-Governmental organizations including the European Union (EU) and the International Labour Organisation (ILO) since they fund programmes of the organization.
On the question of consultation with stakeholders prior to the Bill being laid the Minister contended that his Ministry initiated dialogue on this proposed Bill and six others in January 2007.
He told the House that the Chief Labour Officer, Mohamed Akeel had written to the employers’ association, Consultative Association of Guyanese Industries (CAGI), and workers’ organisations GTUC and the FITUG asking for their contributions/comments on the draft Bill by February 2007. The General Secretary of the GTUC Lincoln Lewis, in his reply requested more time to peruse the draft before commenting.
He explained that after several interactions it was agreed that April 3, 2007 would be the cut off date for submissions. After no response was received from the GTUC at that date, the Chief Labour Officer again wrote to them on May 17, and on July 25 the Bill was re-circulated with some adjustments.
Nadir said that in addition to the official correspondence between the Ministry and the GTUC, opportunity was provided for consultation at the tripartite meeting between the Ministry, workers’ and employers’ organizations, 64 of which were held between the drafting of the Bill and its presentation in the National Assembly.
At the tripartite meetings Patrick Yarde, then President of GTUC, had raised objections to the Bill which led to the ILO being consulted for clarification. He said that the FITUG and CAGI had shared their recommendations on the Bill with the Ministry.
The Labour Minister explained the efforts of the Ministry to receive input from the GTUC. He said that following the postponement of the second reading of the Bill on December 29, and because of the objections raised by the Opposition, another draft copy of the Bill was sent to the GTUC with a request for a meeting on January 5, to garner their input.
GTUC representatives who attended that meeting said that they were not all in possession of copies of the Bill and therefore, the meeting was adjourned to the following day after they were each provided with copies.
At the meeting the following day Gillian Burton, the union’s president requested more time to peruse the Bill while Norris Whitter, the GTUC vice-president, advised that he was ‘unprepared to discuss a Bill that would reduce the voice of the GTUC’.
The Minister assured that every effort was made by Government over the last two years to provide the GTUC with the opportunity to share its concerns about the Bill.
Other issues which related to the amendment, the Minister noted, was the democratization of the labour movement in Guyana. “It defines how we treat with the voice of the workers and the voice of the employer,” he said.
The Bill requires that recognition be given to the most representative organisations of workers and employers, Minister Nadir noted and assured that the amendment being proposed will not exclude any representative organisation of workers or employers in Guyana.
PPP/C Member Norman Whittaker, in calling for support of the Bill reiterated that the Bill upheld the rights of workers to be represented by a union of their choice.
He argued that the Bill sought to remedy a flaw in existing the legislation and was in fact making provisions called for by the GTUC when the Bill was first tabled in the National Assembly by the PPP/C administration in 1993 in that it allows for the Trade Union Recognition Board to comprise three representatives of organized labour and three representatives of employers’ organizations, removing the representation of Government on the Board.
He further pointed out that the extension of the time it takes for the Board to approve an application for recognition of a union from the two months that now obtains to four months, was on the request of the present Board as it reported that two months were inadequate to complete all the necessary administrative processes necessary for the recognition of a union and could result in unnecessary litigation.
The other speaker for the PPP/C Komal Chand, posited that the Bill mainly dealt with the certification and recognition procedure of the Board. He argued that the Bill would expand the participation of workers as it, “removes the monopoly of the GTUC from the control of the Board.”
He stated that contrary to what is being peddled in the press, by some members of the GTUC, the Bill will allow all organized workers’ organizations, including the GTUC, to be represented on the Board.
Calling the present legislation unjust, Chand argued that the GTUC which it legally recognized as the voice of all organized labour in Guyana has a membership of 12 unions representing some 16,000 workers while the Federation of Trade Unions of Guyana (FTUG), which is not legally recognized, has a membership of four unions but represents over 39,000 workers. The failure of Government to remedy this situation, he argued, would continue the imposition of minority rule.
The Opposition had earlier refused to participate in the debate, choosing to ‘walkout’ as a result of a ruling by the Speaker Ralph Ramkarran, to allow the debate against an objection raised by People’s National Congress Reform (PNCR) Leader Robert Corbin that the debate on the Bill was unconstitutional in that it did not confirm to the tenets of the Constitution which requires consultation with stakeholders before a law affecting them is passed.
He said that he had received correspondence from GTUC’s Gillian Burton in which she claimed that the meetings with the Labour Minister were to clarify aspects of the Bill and could not be considered as consultations therefore, there was no consultation.
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Opposition claims on COP’s appointment spurious- attempt to distract from more serious issue-Dr. Luncheon
Georgetown, GINA, January 9, 2009
Head of the Presidential Secretariat and Cabinet Secretary Dr. Roger Luncheon in response to a question asked by a media operative on Government’s response on speculations made by the People’s National Congress Reform (PNCR) on the appointment of Henry Greene as Commissioner of Police being unconstitutional said that it is what he believes to be spurious elements.
“If Mr. Corbin feels that there is formidable evidence that the Constitution was ignored or compromised in the whole process of appointing the Commissioner then as a trial lawyer I suppose he knows that in addition to making noises in the press, the definitive intervention is move to have a ruling on the matter,” Dr. Luncheon said.
He was at the time briefing members the media at his weekly post-Cabinet press conference held at the Office of the President.
He noted that it is the kind of thing that persons must not allow to distract their attention from what is going on in the security sector.
“I am not saying that his protests are intended to distract us from the more serious matters, but questioning the appointment by the Public Service Commission, whose structure composition is a mater of Parliamentary consideration right now, seems to me to be ill advised and definitely not consistent with what the issues are that face us,” Dr. Luncheon said.
He noted that it is not really whether the Commissioner is appointed according to Constitution, but rather it is the work of the Police Force and is the way in which public sentiments can be mobilized in support of the Police Force and law enforcement officers.
Dr. Luncheon pointed out that he doesn’t think that Mr. Corbin has given full thought to the matter, noting that these are the little things that conjure people’s mind that something indecent is going on.
This, the Cabinet Secretary said, could indeed in one way or the other affect people’s resolve to be a party to the work of the State, Government or the Police Force.
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PNCR’s walk out of National Assembly condemned by Dr. Luncheon
Georgetown, GINA, January 9, 2009.
Head of the Presidential Secretariat and Cabinet Secretary Dr. Roger Luncheon told members of the media today during a press conference at the Office of the President (OP) that the abandonment of the Parliament session is usually associated with an extremely grave matter; one that offends the fundamentals.
Last evening during the first sitting of the National Assembly for 2009, the People’s National Congress Reform (PNCR) walked out during the second reading of the Trade Union Recognition (Amendment) Bill 2008. The Bill was first heard during the previous sitting on December 29.
The Bill was passed in their absence and the PNCR returned to the sitting after.
Dr. Luncheon stated that the, “Trade Union Recognition (Amendment) Bill 2008 addresses issues surrounding organized workers, the organization of workers in unions and the organization of unions in union federations. It is also important to note that in addition to dealing precisely with that matter that in instant national legislation it treats the TUC as its sole statutory voice of organized labour and as far as we know, this is patently inconsistent with the current realities.”
Dr. Luncheon noted that the PNCR’s actions in abandoning the Parliamentary session but “not abandoning the premises” clearly questions the seriousness of the Party and raises concerns based on how regular the party resorts to this act.
“I think that somewhere along the line of the debate the Opposition indicated that they will be pursuing at the level of the Constitutional Court, some redress for themselves and for those interested in organized labour that they seem to defend… the leader of the Opposition had said that any efforts to undermine, to remove the monopoly that the TUC enjoys in the statute governing labour and representation laws and the constitution, he would resist,” Dr. Luncheon said.
The PNCR has walked out of the National Assembly on many occasions in the past raising much concern among supporters and non-supporters of the party.
One such occasion was on February 14, 2008 when the PNCR boycotted the debate on the Lusignan massacre following a call by the Speaker for the standing order to be suspended to make way for debate on a motion ‘Brutal and horrific killings of Guyanese.’
On October 17, 2008 the PNCR walked out of Parliamentary shortly before the Interception of Communications Bill 2008 (19/2008) which allows for the interception of electronic communications under defined circumstances were passed in the National Assembly.
On March 15, 2004 another sitting of the National Assembly was marred by a walk out staged by the Opposition leader, Robert Corbin and the PNCR. The Party walked out the National Assembly after a motion to adjourn the agenda for the day to discuss what the party calls an urgent matter of public importance was refused by Speaker of the National Assembly, Ralph Ramkarran.
Four days after that there was yet another PNCR walk out and demonstration exercise outside the National Assembly. A number of Bills were ratified by the House on that day including the Audit Bill of 2004, which was passed after being read for the third time.
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GMC assisting in marketing farmers’ produce
- in light of heavy rainfall
Georgetown, GINA, January 9, 2009
With reports emanating about shortages of vegetables and fruits and prices being affected, the Ministry of Agriculture has been taking steps to alleviate the situation.
Minister of Agriculture Robert Persaud speaking at a press conference yesterday said that the new Guyana Marketing Corporation (GMC) is engaging farmers some of whom may want to move their produce whilst others may want to find markets for them.
The Minister added that for several weeks GMC has been engaging farmers in seeking markets and looking at opportunities in this regard due to the fact that the “Grow More Food Campaign” saw an increase in food production around the country.
This initiative, he said, was based on the fact that he wanted to ensure that the rainy season did not damage produce and that farmers could find markets.
He explained that usually in the rainy season there are certain disruptions in vegetable production. In this light, he said, what the new GMC has been doing, since some areas are more affected than others in terms of availability, is identifying those areas where supply and production have not been affected, looking at areas where there is a dip in production and allowing for supplies to come into those.
The Minister said GMC will take this initiative a step further by facilitating a retail arrangement where farmers in Naamryck, Region Three, in Essequibo, in Region 10 will provide produce to a retail outlet in Georgetown.
With respect to crop production, Minister Persaud stated, GMC has been advising farmers in some areas especially those who plant in the high areas to capitalize on certain crops such as vegetables because in the low-lying vulnerable areas there is a fall out or reduced production.
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Flood interventions expand
-CDC to manage shelters
Georgetown, GINA, January 09, 2008
Head of the Presidential Secretariat and Cabinet Secretary Dr. Roger Luncheon at his weekly post-Cabinet press briefing today told the media that Cabinet at its last meeting concentrated on the work of the Civil Defence Commission (CDC) and the Government agencies in their ongoing task of monitoring and assessing the floods.
Due to changing weather patterns, Guyana has been adversely affected by intense weather conditions over the past months which have resulted in flood in some Regions across the country including Regions 2, 3, 4, 6 and 10.
Government has been making necessary interventions to bring relief to communities which are inundated. The CDC, other Government and Regional officials and Non-Governmental Organisation (NGOs) have been collaborating to render services to residents of affected communities.
Dr. Luncheon noted that work would be expanded to improve interventions in food distribution in addition to the ongoing humanitarian responses that include public health and sanitation.
He explained that because of the threatening level of the water in the East Demerara Water Conservancy (EDWC), discharge had to be effected through the Maduni and Lama Sluice which resulted in water rising in the Mahaica, Mahaicony and Abary creeks.
He noted that given the predictions of the weather pattern, these areas will be affected for an extended period. However, he highlighted measures that government will be taking to ensure that residents are comfortable and safe.
“There is no doubt that in some communities, particularly the creeks, the likelihood of flooding over an extended period is great and the school children, elderly they will benefit very well from being accommodated from the state expense under less hazardous conditions,” Dr. Luncheon said.
Preparations for shelter management are being wrapped up and stockpiling of necessary materials is also taking place.
Outside the level of humanitarian response, the Cabinet Secretary said that Government will continue its technical work pointing out, that the projections are not favourable in that more extremes of weather pattern could continue until late April and noted that much of the interventions are being made in that context.
Emphasis will be on continuing improvement in gravity drainage, the removal of all the obstacles that impair gravity drainage, man made and otherwise, desilting outfalls and canals, garbage, and even to the sudden and inexplicable malfunction of drainage structures, Dr. Luncheon said.
He said that focus will also be on improving mechanical drainage as this method is effective in draining water in the low-lying areas and noted that more will be done at the EDWC in the short and medium-term to render it less of a threat to the East Coast communities.
In response to a question by a media operative on financing for the CDC to continue its work, Dr. Luncheon said that whatever the CDC needs to implement a Government Disaster mechanism will be met.
He explained that at the time when a design is crafted for disaster, it is usually one that Government can fund. With respect to shelter management, Dr. Luncheon said that no new structures will be built, instead existing structures that were used for the 2005 flood will be utilised.
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Childcare and Protection Agency Bill passed
- Agency to administer laws governing children – Minister Manickchand
Georgetown, GINA, January 9, 2009
The National Assembly yesterday debated and passed the Childcare and Protection Agency Bill 26/2008 tabled in the House on December 22, last by Human Services and Social Security Minister Priya Manickchand.
The Bill provides for the establishment of a Childcare and Protection Agency and for other matters relating to the care and protection of children. It empowers the Agency to implement the policies and decisions in relation to the laws governing children: the monitoring of childcare facilities; to intervene in cases where a child is abused or neglected and to protect vulnerable children.
In her presentation Minister Minickchand said that childcare in Guyana was being taken to a new height as was promised in the PPP/C 2006 elections manifesto.
She said the Bill empowers the Agency, once it finds that children are in a harmful environment, “to remove them placing them in temporary places of care.” Once the child is removed a study of the circumstances will be done to determine what is in the best interest of the child before deciding on placement.
The Bill also strengthens the adoption process while setting minimum standards for orphanages and safe-homes. The Minister said that the minimum standard for orphanages and safe-homes were agreed to in June 2007 by consensus between caregivers, the Minister and international non-Governmental donor agencies. It sets out the minimum standard of care each child in the homes should enjoy to live a healthy and productive life.
She said that the establishment of the Agency would allow for the social services provided by Government through the Ministries of Human Services and Social Security, Education, Health, Culture Youth and Sport, Home Affairs and other Government agencies to be harnessed by one agency to provide a comprehensive service, managed by professionals.
The Minister pointed out that the establishment of the Child Protection Unit in October 2006 in the Ministry has already seen some successes. She named the ‘Mission Child Protection’ programme which removed over 200 children from the street since its inception as one of its successes. Of that amount 64 children still remain in the care of the Ministry while the others have been returned to a safe environment.
Describing the Bill as self explanatory and urging the support of the House, the Minister acknowledged that there was still more work to be done with regards to the protection of children, the establishment of the Agency she posited was a good start.
Opposition PNCR Member Volda Lawrence in her submission stated that it is incumbent for all to protect the rights of the children in society from neglect and abuse. She acknowledged that there was the need for such an agency in Guyana, but posited that many Bills were passed in the House that have not been implemented. She questioned the absence of the regulation referred to in the Bill enquiring when it would be laid in the House for its approval.
She expressed concern for the authority of the Minister to formulate regulations to administer the law, pointing to Jamaica, The Bahamas and Belize as Caribbean countries where child protection agencies exist outside the authority of the Minister.
Though supporting the Bill in principle, she urged that it be taken to a sub-committee for consideration before its passage.
Minister of Culture, Youth and Sport Dr Frank Anthony, in his presentation on the Bill acknowledged that it was the responsibility of parents to care and protect their children. He argued that when they fail to live up to their responsibility, an enlightened society is obligated to assume that responsibility.
He said that the Bill seeks to develop the legal frame work within which the State can act in these circumstances by establishing an agency to meet its social obligation.
Outlining the problem in Guyana and the need for action Minister Anthony reminded of the 2006 study by Magda Wills of children’s residential homes in Guyana. That study, he reminded, found that 55 percent of the caregivers in the homes thought that corporal punishment was necessary while 23 percent of mothers shared the same opinion.
It also found, among other things, that some of the homes were administered by untrained staff and lacked adequate bathing and toilet facilities. This study, he said, led to a collaboration between the Human Services and Social Security Ministry and the international donor community.
This collaboration saw the drafting of the ‘minimum standards for care facilities’ and resulted in tangible support in the form of household supplies, learning aids and the general refurbishment of these orphanages. The proposed Child Protection Agency he stated will ensure that these standards are maintained.
Elaborating on the provisions of the Bill, Minister Anthony pointed to the provision of special protection for children in special circumstances, those suffering from congenital and acquired medical illnesses. He pointed out the discrimination they often face in society and the need for them to be offered special protection which the Agency would provide.
Alliance For Change (AFC) Member, Sheila Holder questioned the consultative process that saw the emergence of the Bill. She posited that the Constitution stipulates that there must be consultation before Bills are laid in the House. She further questioned the role of the Rights of the Child Commission which is a Constitutional Body established to address the needs of children in Guyana.
Holder’s colleague, Latchmin Punalall pointing out the difficulties children face in Guyana. She stated that they do not enjoy the required legal protection.
PNCR Member Deborah Backer, joining the call for the Bill to be taken to a subcommittee for further consultation, said that it was a good piece of legislation, necessary and timely but it needed improvement.
She stated that it created overlap in the functioning of the Rights of the Child Commission and the Adoption Board. She also questioned when the regulations for the operations of the agency would be laid before the House. She urged that special circumstances of the parents, some of whom are economically powerless to do better, may commit acts of neglect in order to provide a livelihood for their family.
Replying to these charges, PPP/C Member Bibi Shadick, said that the opposition seems to find conflict in everything. The Bill she said gives a clear mandate to the Agency being established. The existing Child Protection Unit already administers most of the function that the Agency will carry out; the Bill seeks to give legal standing to the execution of those functions.
In her rebuttal, Minister Manickchand posited that the opposition was using the occasion to grandstand since the matters being raised could well have been clarified prior to the debate in the National Assembly as they were all addressed in the Bill.
She said that the Bill was drafted with the consciousness of the international treaties and convention that Guyana has ratified. She further stated that this is the first in a number of child protection legislation that will be laid before the House soon.
She pointed out that the Rights of the Child Commission is a policy making body while the Child Protection Agency will be the implementing agency. She acknowleged that no legislation is perfect and reminded that regulations are to clarify the law and are never laid before the House.
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UNICEF staffers heed Blood Bank call
-15 persons donate
Georgetown, GINA, January 9 2009
In response to the call from the National Blood Transfusion Centre (NBTC) for urgent donation of blood in light of low stock, the United Nations Children’s Fund (UNICEF) in Brickdam, today responded by organizing its staff members to donate blood.
NBTC earlier this week made a call for persons and organizations to donate blood because of its urgent need, since in December the centre collected just 228 units of blood which is less that 50 percent of its target for that month.
UNICEF Country Representative Johannes Wedenig donating blood
UNICEF Country Representative Johannes Wedenig said that he was pleased to be given the opportunity to heed the call from NBTC and noted that this is an important gesture.
Wedenig said that the power of giving is just being human and urged persons and organizations to follow the lead and donate blood.
The centre collected almost 7,500 units of blood in 2008, and in spite of the record amount of blood collected, 2009 began with a shortage.
A UNICEF staff in the process of donating blood.
“We are at least 60 percent below the stock level we need for normal services,” the release stated. Lives are therefore at risk and the Ministry of Health is encouraging persons to donate blood.
Person can visit the following institutions to donate blood:
- National Blood Transfusion Centre, Georgetown Public Hospital Corporation (GPHC), Lamaha Street, Georgetown.
- New Amsterdam Regional Hospital
- Suddie Regional Hospital
- Linden Regional Hospital
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Procurement process begins for consultancy services for additional outlet design
Georgetown, GINA, January 9, 2009
Minister of Agriculture Robert Persaud yesterday at a press briefing said that at the National Drainage and Irrigation Authority (NDIA) level the public procurement process has begun for consultancy services to design the additional outlet from the East Demerara Water Conservancy (EDWC) to the Atlantic.
Minister Persaud said that the procurement process was necessary to ensure that the design was technically sound and is of the best.
President Jagdeo had said that he would prioritise this project when he announced it on January 5 during a visit to the Mahaica, Mahaicony and Abary creeks.
The Agriculture Minister confirmed that close to $2B would be allocated in 2009 to commence this project and the remaining sum would be provided for in the 2010 budget.
The outlet, the Minister said, was part of the national adaptation plan in the context of climate change which is based on drainage and irrigation and sea defence.
Minister Persaud said that the conservancy was built years ago and the outlet to the north went through the Maduni and Lama outlets then found its way to the Atlantic Ocean through the Mahaica and Mahaicony Creeks.
The Minister said that one way to reduce the effect of the present situation was to create another relief that does not have to go through those waterways and communities.
Minister Persaud remarked that there was an advertisement in the newspaper yesterday for proposals concerning the design of this project and once the technical reviews, technical work and the procurement procedure are complete, the project could start by mid year.
At the same time, he said, the Conservancy Adaptation Project is ongoing. Also there are some specific civil works planned to improve the capacity of the conservancy and discharge options.
The Agriculture Minister stated that one of the activities planned is the reactivation or the development of the Cunha canal that will cost US$1.2M.
Barama, he said, has given support as well as permission to facilitate all the necessary works so as to resuscitate and develop a much more enlarged outlet for the East Demerara Water Conservancy. This project is awaiting funding.
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26 medex complete remedial IT training
Georgetown, GINA, January 9, 2009
A batch of 26 medex who underwent remedial Information Technology training over the past weeks today completed the programme which is aimed at broadening their knowledge.
At a closing ceremony this afternoon at the Ministry of Health’s Training Complex, Liliendaal, Minister within the Ministry, Dr. Bheri Ramsaran said that this ongoing exercise is aimed at educating persons who have already qualified in the medical field but never had IT training.
The course, he said is conducted for approximately four hours daily over a six-week period and is being done with existing resources.
Some of the graduands of the remedial IT course
He added that the programme is in keeping with the effort of the Jagdeo administration to encourage Guyanese to become computer literate and help medical personnel in preparing and analyzing their reports in an efficient and professional manner and in keeping abreast of advancements in the world.
The courses are free since the Ministry sees it as a non - salaried incentive as each course would cost the Ministry a tidy sum.
Minister Ramsaran said that the programme has received additional resources that will help to deliver training to a larger batch.
He urged all present to use this as a foundation and to further pursue their training in the technological field, as new features will be added to the course to further advance knowledge in accessing information on line.
Minister within the Ministry of Health Dr. Bheri Ramsaran interacts with some health care workers after graduation exercise
Stacy Timmerman said that she is grateful for the opportunity to advance her skills in keeping with one of the current requirements of her job.
Environmental Health workers on the Essequibo Coast have been trained through a similar manner in basic IT through the cooperation of a secondary school and this method will continue so that more health professionals can be trained, Dr Ramsaran said.
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