GPSU refuses to be part of strike events enquiry - wants wording of mandate amended
By Courtney Jones
President of the Guyana Public Service Union (GPSU) Patrick Yarde says the union has serious concerns over the mandate of the Commission of Enquiry into events that occurred during the 55-day public service strike and wants no part of the process. Yarde, accompanied by consultant to the union Leslie Melville and economic and project planning adviser attorney-at-law Randolph Kirton, told reporters at a press conference yesterday that the GPSU "would not be participating in the work of the commission as it is [currently] mandated and organised." Paragraph seven of the terms of resumption hammered out between government and the five public service unions stated that the government committed itself to appoint, within 15 days, a Commission of Enquiry to probe the shooting of protesters outside the John Fernandes wharf on May 18, incidents at the Finance Ministry on May 21, and the forced entry by police at the GPSU headquarters on June 16. It also stated that "it is the understanding of the parties that the President of Guyana may at her discretion specify such matters that she may consider proper, without prejudice to the above." On Monday, President Janet Jagan had signed the instrument setting out the mandate of the commission and appointing Justice Carl Singh to conduct the enquiry. But in a letter sent to the President on Thursday, Yarde said that the terms of reference of the commission only served to "compromise commissioner Justice Singh and the enquiry undertaken by him." Among other areas, the terms of reference of the commission mentions "the frequent invasion of the Georgetown Hospital and interference with members of staff... unlawful acts and actions perpetrated against Customs and Excise officers in the execution of their duties... obstruction of roadway, looting, damage to property vehicles, buildings, show windows..." In an opening statement to reporters at the press conference, Yarde said that union felt that the "tenor of Seal No 87 of 1999 [the instrument setting up the enquiry] is not only prejudicial but obviously drafted without any form of consultation with the Attorney General's Chambers." In a letter to President Jagan, Yarde had asked that the terms of reference of the commission be "substantially amended to leave to the commissioner appointed the determination of the issues involved without prior prejudice to his functions." He told reporters that the union expects President Jagan will accede to its request for amendments to the terms of reference of the commission since to do otherwise would make a mockery of the process. According to Yarde, some of the issues set out in the terms of reference signed by the President could be handled by the law enforcement agencies and did not require investigation by a commission of enquiry. He described the document as unwarranted, unprofessional and reflecting a total lack of good faith and trust. "It is a clear act of provocation... and we feel that [the government] is trying to use the Commission of Enquiry to engage in a pervasive campaign of witch-hunting," he added. Yarde was particularly harsh in his criticism of the section of the mandate to the commission which deals with "the acts of malicious damage to property, incidents of robberies and violence committed against citizens, particularly East Indians, store owners and vendors." "What continues to amaze us in the union is that this government continues to refer to supposed vicious incidents done to East Indians and continues to look at everything and refer to things done to East Indians," Yarde said. He stated that there were many people who suffered harm at one time or another, mentioning the case of the Afro-Guyanese school teacher, who, during one of the protest marches, was chopped about his arms and vendors not of Indian extraction who suffered damage to property. Kirton said the terms of reference of the commission effectively reduces Justice Singh to a note taking role from one ethnic group. "As a member of the Constitutional Reform Commission, I find that this document defeats all that we are trying to do in putting together a document that would ensure movement towards unity of the races," Kirton said. Melville told reporters that the terms of reference of the commission was "a reflection of the prejudices still inherent in the thinking of the government." "A document like that [which] spoke about harm dome to East Indians had to be approved by Cabinet and shows an alarming lack of sensitivity on the part of the government," Melville said. He also stated that the problem with government was that while it had good intentions, it always seemed to go about dealing with important issues in a way that would lead to controversy. When contacted, Labour Minister, Dr Henry Jeffrey, said Yarde had communicated his concerns about the document to him. However, he said, the commission was essentially an Office of the President matter. He also said that he was not certain what basis the GPSU had for some of the issues it had raised, but he felt that cordial discussion at this time could resolve any outstanding difficulties between the unions and government, as regards the mandate of the commission.
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