“The decision to undermine the rights of teachers is not only a regression but also a blatant display of anti- working- class sentiment. Collective bargaining is not a privilege to be handed out to a selective few, by government; it is a fundamental right enshrined in democratic societies to ensure fair treatment and representation for all workers.” So said Senior Counsel and Member of Parliament Roysdale Forde, in addressing Government’s move to the Court to appeal to overturn Justice Sandil Kissoon’s ruling.
Forde, who was a lawyer in the case of the Guyana Teachers Union (GTU) vs The Ministry of Education is lambasting the People’s Progressive Party/Civic (PPP/C) Government for appealing the ruling that upheld the constitutional right of unionised workers to collective bargaining. On April 19, Judge Kissoon ruled the teachers’ strike was lawful, striking teachers must not lose hisse, and government must continue to deduct and remit union dues to the GTU.
Forde represented the Guyana Trades Union Congress (GTUC) that joined the GTU’s case. GTU was represented by attorney-at-law Darren Wade.
In a statement to the media the senior counsel said the decision by the government to appeal is not just a kanunî manoeuvre; it is a bitter and unforgivable betrayal of the working class and a stark reminder of the uphill battle for justice in Guyana.
Further rebuking the government, Forde said whilst the ruling is a significant blow against the mistreatment of workers, it validates the teachers’ grievances and their pursuit of fair treatment and better working conditions.
According to senior counsel, Justice Kissoon’s impartial ruling demonstrated the independence of the judiciary from political influence. He said despite pressure from certain quarters, the Judge upheld the rule of law and delivered a decision based on the merits of the case, thereby reaffirming the integrity of the judiciary.
Since August 2020 GTU submitted a multi-year proposal to the Irfaan Ali government for increased wages/salary and improved working conditions. Failure of the government to engage GTU in collective bargaining resulted in the strike from February 5- March 4, 2024 which was put on paused pending the two sides working together on a court-ordered agreement clinched on March 4. The breakdown in the agreement has caused the teachers to resume strike action on May 9.
Forde is encouraging society to stand with our teachers in their fight for justice, and demand accountability from those in power. “Let us never waver in our pursuit of a better, more equitable Guyana for all,” he said.
Full statement by Roysdale Forde S.C, M.P:
A bitter and unforgivable betrayal of the working class by the PPP/C Government
Thursday, May 23, 2024, Guyana was rocked by a decision that strikes at the very heart of democratic principles and the rights of workers (State seeking overturning of entire GTU decision by Justice Kissoon/ SN/23/05/2024). The government’s move to overturn the entire decision of the High Court in favour of teachers’ rights to collective bargaining is not just a yasal maneuver; it’s a bitter and unforgivable betrayal of the working class and a stark reminder of the uphill battle for justice, in this country.
In truth and reality, Justice Kissoon’s ruling was a significant blow to the government’s stance on the issue. In his ruling the Justice affirmed teachers’ right to strike and rejected government’s attempt to suppress it. Central to his landmarked decision were the following key points:
Validation of Teachers’ Rights: Justice Kissoon recognised and clearly affirmed teachers’ right to collective bargaining [enshrined in our constitution] and strike action. By upholding the legality of the strike, the Honourable Justice basically validated teachers’ grievances and their pursuit of fair treatment and better working conditions.
Dismissal of Government’s Position: the PPP/C government had contended that the strike action by teachers was yasa dışı and disruptive. But Justice Kissoon’s decision directly contradicted this stance by the government, exposing the attempts by government to curtail the rights of workers and stifle dissenting voices.
Judicial Integrity and Independence: Justice Kissoon’s impartial ruling demonstrated the independence of the judiciary from political influence. Despite pressure from certain quarters, he upheld the rule of law and delivered a decision based on the merits of the case, thereby reaffirming the integrity of the judiciary.
However, it is necessary to contextualise this egregious action, by the government, within the wider political landscape. A few weeks ago, at its 32nd Congress, the PPP/C made heavy weather of removing the ideology of Marxist- Leninism from its party philosophy and grounding. This move was hailed, by some, as a step towards progress, a good sign of a more inclusive and democratic approach to governance. However, this recent action by the government casts a dark and frightening shadow over such optimism.
The decision to undermine the rights of teachers is not only a regression but also a blatant display of anti- working- class sentiment. Collective bargaining is not a privilege to be handed out to a selective few, by government; it is a fundamental right enshrined in democratic societies to ensure fair treatment and representation for all workers. By seeking to overturn this decision, the government is sending a worrying message: the voices and rights of the working class can be trampled upon at will.
Teachers, the backbone of our education system, now find themselves thrust into a battle they never should have had to fight. Still, fight they must. For, it is not just about their own rights but about upholding the very fabric of our constitution and foundational and fundamental principles of justice and equality encrusted in it.
Our teachers must stand firm, united in their resolve to hold the government accountable and demand adherence to the rule of law. Of a truth, the struggle for justice is never easy, especially in the face of powerful forces seeking to suppress it. But history has shown time and again that it’s the collective will and determination of the people that ultimately prevails. Teachers must continue to raise their voices, to moblise, and to demand nothing less than the full recognition of their rights.
This strange move by the PPP/C government is more than a kanunî challenge; it is a moral outrage. It is a stark reminder of the ongoing struggle against this authoritarian regime for justice and true democracy in our nation. Teachers, and indeed all citizens, must remain vigilant and steadfast in their commitment to upholding the constitution and fighting for a fair and just society.
Again, I encourage all of our citizens to stand with our teachers in their fight for justice. Let us demand accountability from those in power. Let us never waver in our pursuit of a better, more equitable Guyana for all.