The umbrella body for trade unions in Barbados is pressing Government to amend legislation to allow public servants to contest general elections, as it charged that the disciplinary action being taken against two teachers who ran in the last polls was discriminatory.
The Congress of Trade Unions and Staff Associations of Barbados (CTUSAB) have taken the position that General Order 3.18.1 of the General Orders for the Public Service 1970, which Alwyn Babb and Pedro Shepherd are accused of breaching, runs counter to the Employment (Prevention of Discrimination) Act, 2020.
It insisted that public sector employees have a right to serve in Parliament.
“CTUSAB believes that Government employees should not by the virtue of such employment be discriminated against and prohibited from serving in elected office or in the Senate,” the organisation said in a statement issued on Monday.
“CTUSAB calls on the Government to enact such appropriate legislation to give effect to the right of public employees to serve in Parliament without first having to resign from their employment as public employees.
“The anomalies in our jurisprudence strengthen the call by CTUSAB and the promise by Government for comprehensive constitutional and law review, which would lead to the creation of modern constitutional and legal arrangements befitting the republic of Barbados,” it added.
Shepherd and Babb, who unsuccessfully contested the January 19, 2022 general election as candidates of the Democratic Labour Party (DLP), have been sent on leave, on half pay, for being in contravention of Paragraph 2 (h) of the Code of Discipline in the Public Service, Third Schedule, Public Service Act, Cap. 29 and acting in breach of General Order 3.18.1 of the General Orders for the Public Service 1970.
General Order 3.18.1 states that officers and employees are expressly forbidden to participate actively in politics, including being adopted as a parliamentary candidate; canvassing on behalf of any party or candidate; acting as agents or sub-agents for any candidate for election; holding office in party political organisations; and speaking at political meetings.
However, pointing out that the section which follows that allows casual workers to run for seats in Parliament, CTUSAB argued that the legislation which the teachers are said to have breached was contradictory.
Section 3.18.2 states: Casual employees are, however, permitted to speak at political meetings and stand for election to the House of Assembly subject to the condition that those employees shall not engage in any political activity while on duty or on Government premises and, in the event of the election of any such employee to the House of Assembly, he shall immediately vacate his appointment in the Public Service.
“CTUSAB is concerned that based on the inconsistency of Section 3.18.1 and Section 3.18.2, there is clear evidence of discrimination being perpetrated against public officers, and which serves to present a case that all such actions run contrary to the provisions of the Discrimination Act 2020,” the Congress stated.
“It is the considered opinion of CTUSAB that Section 3.18.1 as it is applied runs in conflict with the definition of discrimination, as set out in the Employment (Prevention of Discrimination) Act, 2020.”
CTUSAB contended that the disciplinary charges brought against Shepherd, who ran in the St Michael South East constituency and Babb, who contested the St Peter seat, brought to the fore the inherent conflicts within the Constitution and the laws of Barbados.
“CTUSAB is satisfied that there is ample evidence to support the fact that the rights and freedoms of the individual, and specifically so those of public officers, are being abridged. The recent judgment by the High Court of Barbados which removed the restriction imposed on prison officers as public officers to enjoy the right to freedom of association as enshrined under Section 21(1) of the Barbados Constitution, bears testimony to this fact,” it said.
In a statement at the weekend, the Barbados Union of Teachers (BUT) also described as discriminatory the suspension of its former president, Shepherd, and Babb, a teacher at the Lester Vaughan Secondary School, for their participation in the polls.
In a statement, it said: “Notwithstanding what is written in the General Orders 3.18.1 and the Third Schedule, Public Service Act, Cap. 29 . . . the role and duties of teachers should not necessarily exempt them from participating in or being candidates in the political process at this juncture in our development.
“It is not a case of these two teachers being part and parcel of the hierarchy of the public service, having access to any government secrets or in any way can affect the proper day-to-day functioning of government. Let us all remember that this country is now a republic and was always a democratic society.”
The BUT described sections of the General Orders and the Public Service Act as archaic and called for amendments to bring them in line with the provisions of the Constitution of Barbados. randybennett@barbadostoday.bb
