Dear Editor,
I listened with keen interest the last edition of “Issues in the news “ presented by Attorney General, Anil Nandlall. He addressed many current issues and concerns including the ongoing strike by the teachers which was initiated by the Guyana Teachers’ Union. In dealing with the strike the AG quoted Article 137 of the Constitution of the Cooperative Republic of Guyana. As someone who has an abiding interest in the Laws of Guyana and moreso the Constitution I checked the latter. I was shocked. Here is what Article 137 (1) Constitution says, “There shall be a Police Service Commission.” (2) explains, “The composition and functions of the Police Service Commission are set out in articles 210, 211and 212. “ I asked myself was it a Freudian slip by the meticulous and supreme legal influencer of the Government of Guyana? Was he in ripping form?
The AG rambled about the legality of the strike. He attempted to compare and contrast the right to strike and the freedom to strike by the teachers. His advocacy was very confusing. This caused me to delve deeper into the Constitution to seek clarity. I found Article 147 (1) to ( 3) . (1) states, “Except with his or her own consent, no person shall be hindered in the enjoyment to assemble, association and freedom to demonstrate peacefully, that is to say, his or her right to assemble freely, to demonstrate peacefully and to associate with other persons and in particular to form or belong to political parties, trade unions and other associations for the protection of his or her interest.”
(2) Except with his or her own consent no person shall be hindered in the enjoyment of his or her freedom to strike.”
(3) Neither an employer nor a trade union shall be deprived of the right to enter into collective arguments.”
The above is very instructive and pellucid. It requires no real legal interpretation, moreso, by a senior counsel. I leave it to you the readers to draw your own conclusions.
Back to the strike. For diverse reasons the lawful industrial action by the teachers cannot continue for much longer. It has the potential to get out of control with devastating consequences. It must be nipped in the bud. It is time for the warring parties to sit down and talk, sit down and have critical conversations, sit down and have frank and honest discussions, sit down and eyeball each other across the table in an effort to bring back normalcy to the situation. Let me leave both parties with a quote from a book I read a number of years ago that I found extremely helpful in my dealings with my superiors, peers, subordinates, family, friends and members of the public. The book is entitled, “Crucial confrontations – tools for resolving broken promises, violated expectations, and bad behavior” by Kerry Patterson, Joseph Grenny, Ron McMillan and Al Switzler.
Here it is, “When we use the word confrontation we’re using it in the following way. To confront means to hold someone accountable face to face. Although the term can sound abrasive, that’s not what we have in mind. In fact, when confrontations are handled correctly, both parties talk openly and honestly. Both are candid and respectful. And, as a result: Problems are resolved. Relationships benefit.” The above statement is applicable to the present standoff between the teachers, their union and the relevant government officials. There is another book by the same writers, “Crucial conversations – Tools for talking when stakes are high.” I hereby recommend it for both sides of the divide to read.
May God help Guyana
Yours sincerely
Clinton Conway
Assistant Commissioner of Police.
(Retired)
