Dear Editor,
When the government argues that its decision to source pirated textbooks is driven by economics, although conscious that it is violating time-honoured principles, laws and rules of engagement among its Caricom partners, it is exhibiting behaviour that is not dissimilar from that of the pirates who prey on our fishermen. The cabinet has within its midst attorneys-at-law in the form of the Minister of Legal Affairs and the Minister of Education, and it is reasonable to expect that they would have guided their colleagues on the importance of the law. The fact that this escaped cabinet’s decision-making is indicative of the pervasive executive lawlessness engulfing this nation.
One of the major thrusts of Caricom is harnessing the region’s cultural resources to benefit the people within the framework of respecting property rights. Thus the blatant act by the government in seeking to contract an agency to duplicate textbooks produced in a sister state is wrong. Even more disturbing is the fact that the Trinidad and Tobago-based Royards Publishing Company bid for its own work and is among the lowest bidders, which sheds another bad spotlight on this nation.
Notwithstanding our archaic copyright law – which is no excuse for lawlessness – Guyana on October 25, 1994 became a signatory to the Berne Convention for the Protection of Literary and Artistic Works, and January 1, 1995 to the Trade Related Aspects of Intellectual Property Rights (TRIPS), and is therefore expected to comply with the principles outlined therein. Further, efforts must be made by our lawmakers to update our Copyright Act.
However poor a nation we might be, a government does not have to violate conventions/agreements/laws to meet the people’s needs. It can still provide goods and services to the people through ethical trade practices, and in this instance by engaging in negotiations with the publishers to ensure intellectual property rights (IPR) are upheld. To this end brand/product/service can be provided to meet the affordability of society’s various economic strata.
Citizens are reminded that when Jamaica chose to import rice from the USA instead of Guyana, this country took the case to Caricom and invoked the CSME’s rules, primarily to get Jamaica to purchase from us.
This decision was taken in full awareness that had Jamaica taken its business out of the region, when said goods can be purchased in the region, it would have been a violation of the rules and moreso would have impacted negatively on the economic wellbeing of the industry, those earning a living from it (directly and indirectly), and the GDP. Similar respect must be returned to Trinidad and other sister states.
Additionally, the implication of the government’s lawlessness cannot be overlooked, since it threatens the livelihood of those in the art and literary industries at home, and may make it difficult for said workers to effectively prosecute any violation of their rights because our government is culpable of violating the IPR of others within the Caricom family. It is a government’s responsibility to protect the rights of its citizens and respect those it does business with. To do otherwise is to deny workers the right to earn.
As a member of the regional/international family, Guyana’s image and relations with others is hurt, even moreso when the government leads the way in flouting international standards and robbing workers of the just rewards for their labour. For the government to be consciously aware that its action is wrong but deliberately set out to implement the wrong, sends an ominous signal to Caricom and wider afield, that the country is not prepared to respect conventions, agreements and laws, and this can open the gate for retaliation.
The administration ought to be reminded that apart from creating jobs and receiving revenue from traditional products, the region had made significant inroads into intellectual production, and all legitimate efforts must be made to safeguard and advance these.
Yours faithfully,
Lincoln Lewis
General Secretary
Guyana Trades Union Congress
