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Momodou
Denmark
11832 Posts |
 Posted - 05 Aug 2007 : 19:54:06
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Foroyaa Editorial:
THE DOCKWORKERS Vs PORTS AUTHORITY
BITTER DIVORCE
On 30 July the Gambia Ports Authority Management wrote to all registered Dockworkers to remove their belongings from the lockers allocated to them and hand over the respective keys and old I.D cards by Friday 3 August 2007 so that they will be reallocated.
This is said to be due to the new Dock labour system.
The Dock workers are now learning the ABC of Democracy. The lesson is becoming clearer day by day.
The dockworkers must be asking what is the use of a union if it cannot protect its members. It is in line with justice that no person should be removed from an office or reduced in rank or punished in anyway without just course. Trade unions and the office of the Ombudsman are created to prevent injustices from being perpetuated.
Section 25 Subsection 1 (e) of the Constitution states that “Every person shall have the right to freedom of association, which shall include freedom to form and join associations and unions, including political parties and trade unions.”
Section 33 subsection (2) of the Constitution states that “Subject to the provisions of Subsection (5) “No law shall make any provision which is discriminatory either in itself or in its effect.”
The Section considers it unconstitutional to afford different treatment to different persons whereby persons are subjected to disabilities and restrictions which others are not subjected to.
Here where Dockworkers with representatives in a Port Labour Board which had the responsibility of protecting their interest. With a stroke of the pen the National Assembly members in collaboration with the executive struck the board from the statute books. New labour schemes are introduced by administrative decree which abrogates the legal rights of the Dockworkers not to be discriminated. Conditionalities are being imposed and failure to accept them, leads to deprivation of job, lockers and other rights and privileges which one used to enjoy.
This is the saddest period in the history of Dockworkers in the country.
The lesson that all workers should learn is that no citizen should be apathetic to the democratic process in the country. The National Assembly members one elects and the President one elects are responsible for enacting laws which may protect you or deprive you of protection. Hence one should elect leaders on the basis of their platform. This is the way to prevent the election of leaders who will go to Assembly to deny citizens their rights.
Furthermore, the Dockworkers who are affected should note down all the rights they used to enjoy which they are now being deprived of and seek legal advice to take court action to protect their right not to be discriminated.
Section 25 subsection (1) (f) accords each of them “the freedom to petition the executive for redress of grievances and to resort to the courts for the protection of his/her rights.” Since they have petitioned the executive without success they should seek legal advice and resort to the courts.
The office of Ombudsman is also mandated to combat injustice arising from maladministration and discrimination.
source: Foroyaa Newspaper Burning Issue
Issue No. 90/2007, 3-5 August, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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