Despite public outrage, the City Constabulary is standing by its decision to fire three female ranks for becoming pregnant and its Superintendent of Training yesterday warned that a review would lead to “a maternity ward running the constabulary.”
The women were issued dismissal letters that stated that their pregnancies were a violation of a department policy that prohibits female constabulary officers from becoming pregnant during the first two years of their service, which is a mandatory probation period.
The policy runs contrary to provisions in the constitution and the Prevention of Discrimination Act, which safeguard against discrimination on the basis of pregnancy. In response, Junior Social Protection Minister Simona Broomes yesterday said that she has directed the Chief Labour Officer and the ministry’s legal officer to examine the policy and advise her on how best to remove it and several others that were not updated to reflect changes in human rights laws.
Chief Labour Officer Charles Ogle yesterday confirmed that similar policies exist within the Guyana Police Force and the Guyana Defence Force.
According to the letters that were sent to the constables, “the development [pregnancy] constitutes a clear violation of the City Constabulary Standing order section 4:11 (Para) J 11.” At a press conference held at City Hall yesterday, the Constabulary defended the policy as being necessary for its efficient functioning. “At the moment there are 105 constables, two-thirds of which are female and if they should become pregnant it will put a very inefficient burden on the organisation,” Constable Laurel Gittens, Superintendent of Training, said.
Gittens added that the standing order stipulates that during the probationary period of two years women should not become pregnant and this is clearly explained to the recruits “during the interview process.”
Gittens, when asked about any plans to review the policy, said that a review would lead to “a maternity ward running the constabulary.”
Petrula Anthony, one of the constabulary officers who was dismissed, told Stabroek News that her sacking was devastating because she is a single mother of five. “I don’t have anybody to help me. I have bills to pay, I have land to pay for and is me alone,” she lamented. The pregnancy for which she was dismissed is her sixth.
Anthony said that in March, after missing her period, she visited the City Council’s doctor for a pregnancy test and she was told that it was negative. However, in June, when she went for a physical, she was told that she was pregnant. She said that she immediately informed the Chief Constable of her condition, after which he called an officers meeting to decide what to do about the situation. On August 1st, she was informed via letter that she had been dismissed with effect from August 3rd, 2015.
“I already served one year, eleven months. Next month… September would’ve made my two years,” she said, while noting that she was supposed to be on leave this month.
Labour in chaos
Meanwhile, Minister Broomes told Stabroek News that the ministry will be addressing the matter now that it has been made aware of its existence.
Chief Labour Officer Ogle noted that the first step in addressing the issue has already been taken and noted that a meeting has been scheduled for this morning between him and newly-appointed Town Clerk Royston King to discuss the policy.
Broomes also raised concerns about the length of the mandatory probation period. She highlighted that while the only limitation the law places on probation is a three-month minimum period, the constabulary’s two-year probation period is extensive.
“What this has shown, along with several other issues I’ve learnt of since my appointment, is that labour issues… across the board in Guyana seem to be in chaos, with persons signing onto discriminatory contracts at several levels. All these policies need to be revisited and reviewed,” Broomes said.
Vanda Radzik supports the minister’s call for a review of organisations’ policies. The women’s activist and member of the constitutional Women and Gender Equality Commission, in an invited comment, told Stabroek News that “it is completely illegal for the constabulary to have such a policy. No one policy can possibly counteract our constitution, which is our supreme law.” She added that it would lead to chaos if every group could issue a policy which contravenes the laws. “This is why Guyana needs an overarching gender policy. These policies of individual organisations need to be reviewed and must be brought in line with the constitution,” she added.
Objections were also raised yesterday by the Women’s Progressive Organisation (WPO), the women’s arm of the main opposition People’s Progressive Party (PPP), which expressed shock and dismay at the dismissals. In a press release, the WPO referred to the dismissal of the women as “an act of gross violation of the constitutional rights of [the] employees.”
“How can we profess to believe in equality when we fail to recognise that women have a biologically ordained role to procreate and sustain life on Earth?” the WPO asked as it called for the immediate reinstatement of the officers as well as a review of the policy by the City Constabulary and unions.
On Monday, Chief Constabulary Officer Andrew Foo had told Stabroek News that the constabulary asked female recruits not to become pregnant during the first two years of their employment, as it is considered a probationary period, during which their suitability for employment is determined. “Becoming pregnant would seriously limit their ability to function but if they do become pregnant they have the option of resigning and at the end of their maternity, once their performance has been good, they can return to the constabulary,” he had noted.
Gittens yesterday also adopted a similar line. “To understand the issue, you have to look at it from an organisational point of view. 90% of their work and training include rigorous activities, like foot drills, arrest, weapon tug, exposure to tear gas and things like that,” she said.
City Hall’s acting Public Relation Officer Debra Lewis added, “If a pregnant woman is going to do an apprehension or protect someone, she will be at a grave disadvantage.”
During the constitution reform process, Guyana’s constitution was made compliant with the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Article 149 1(a) of the Constitution states that “No law shall make any provision that is discriminatory either of itself or in its effect” and 149 1(b) states that “no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.” Article 149 2 specifies that “discriminatory” includes affording different treatment to different persons attributable to several factors, including gender and pregnancy.
In addition, Section 4 of the Prevention of Discrimination Act lists pregnancy among the “Prohibited Grounds of Discrimination.”
