The leadership of The Gambia Dock and Maritime Workers want President Barrow to consider reforming stevedoring in The Gambia to become independent.
Stevedoring is the process of loading or discharging/ offloading a ship or cargo to/from a ship, which is done by dock workers. They say that being independent as stevedores is the standard in the world, including Senegal.
They want their letter which they wrote to President Barrow in 2021 to be published because they don’t even know whether it has been delivered to him. They said they never received any acknowledgement and never had the chance of meeting him.
Below is the full text of the letter.
A CALL FOR A REVIEW OF STEVEDORING IN THE GAMBIA
(Letter to the President from The Gambia Dock & Maritime Workers Union)
We the Gambia Dock and Maritime Workers Union call for an amendment of the Labour Act 2007 to make provision for the independent stevedoring.
An independent inquiry into the operation of stevedoring services throughout this region would reveal that stevedores all operate as independent entities. Stevedores are organised as independent entities and are paid directly by shipping agencies based on contractual agreements which unions of dockworkers undertake to uphold and improve.
In the Gambia, stevedoring has gone through three distinct phases; that is, the pre-1972; the post 1972 phase up to 2007 and the post 2007 phase, from 2007 to date.
It is important to point out that since 1961 up to 1972 the dockworkers were an independent and free labour force to be tapped when needed. We were paid directly by shipping agencies and the labour was contractual in nature.
THE POST 1972 PHASE
The erosion of the direct payment by shipping agencies started in 1972 when the Gambia Ports Authority (GPA) was established. Direct payment of our wages by the shipping agencies ceased and they (the Gambia Ports Authority) started to pay us. The dockworkers were ignorant of what was paid by the shipping agencies to the GPA. Dockworkers were also left in limbo as to how they were to proceed to make and receive injuries compensation claims. They could not pursue the shipping agencies directly which has led to the loss of many claims.
Even though payment was still done by GPA the dockworkers still enjoyed their independence because the gang recruitment scheme continued until 2007.
This is why a Port Labour Board was created, which initially comprised representatives from customs, the Shipping Agencies and trade unions. The Port Labour Board had power to discipline the registered workers and employer or shipping agency had a right to reject a registered worker. The registered workers functioned as gangs with a leader. Hence a responsibility system existed and any queries could be investigated and appropriate punishment imposed to redress misconduct.
The Joint Industrial Council was responsible for fixing the minimum terms and conditions of employment including minimum rates of remuneration of work, holidays and absence during sickness. It also established minimum rates for overtime and bonus.
Dockworkers also had the right to industrial action to protect their members. This continued till 2007 when the whole port labour scheme was dismantled. This is the source of our current crises.
THE POST 2007 PHASE
The Labour Act was amended and the GPA was soon authorised to recruit and employ all dockworkers whether previously registered or not. This is the source of the current dilemma. Allow us to explain to you what actually happened and what the ultimate objective is.
The GPA recruited dockworkers who are purportedly employees. But this is false. The dockworkers are still treated as contractual labourers who work in gangs and stay away from work until another gang is engaged. There is no pension scheme for them as all of them are still engaged even up to the age of seventy (70) years. They have not been staffed. Only a small portion of the money paid by the shipping agencies for the labour of the dockworkers is paid to them.
We have discovered that in the year 2007, for every empty container that was moved from a ship to the quay a sum of 50 euros was paid by the shipping agency but we were paid only D20. In the same vein for every loaded container that was moved from a ship to the quay a sum of 100 euros was paid while the gang was paid only D250. Similarly, for every tonne of bulk cargo moved the sum of 5 euros was paid while the gang received only D6 – D8. We were supposed to continue accepting this and keep our mouths shut.
This is what motivated management to come up with the scheme of greater control of the work force by abolishing independent stevedoring in 2007. It is totally untrue that the GPA had any intention of employing dock workers. They simply wanted to control us. The dock workers are treated as non-employees without entitlement to leave and retirement. A clear example is the continuous engagement of dock workers who have exceeded the pensionable age. There is no monthly pay. The dock workers are recruited and paid according to the gang they belong, just as before. Those who opposed these injustices meted on us were forced out of the scheme.
The dockworkers are still suffering under the new Gambia. We want a dock labour scheme that protects our rights and wages. Any amendment of the Labour Act 2007 should make provision for collective bargaining between the dockworkers and the shipping agencies. Government’s role should only be through the joint Industrial Council to mediate.
Our involvement by the management of the Gambia Ports Authority in the review of the port labour management was just a window dressing to give a wrong impression of comprehensive consultation. Mr President, we are calling on you to probe into the matter to ensure that stevedoring takes its rightful place in the Gambia.
The formation of a stevedoring company without knowledge is irregular and uncalled for. For fifteen years we have stood firm defending the rights of stevedores to be independent, being deprived of their gainful employment and not taking our entitlements, until at this time when the GPA management have to come to realise that it is not in the interest of the management of port labour to maintain the status quo, otherwise they will continue to be out of step with the rest of the world without independent stevedoring.
We have noticed the registration of a stevedoring company by the GPA which we perceive as its baby to be manipulated. It is not the job of GPA to form a stevedoring company and select those who should manage it. The fact that while they were scheming this, they totally excluded us who have been advocating for it, only to inform us at the conclusion what they have done, is an indication that they are still not committed to independent stevedoring. A stevedoring company should be independent and cannot be the shadow of any entity.
We are also calling for the probe to include all legitimate claims of payments due to dockworkers to be settled. We have claims of underpayments all these years and the lack of payment of claims of injuries and deaths arising from accidents.
We look forward to a positive response. We will full cooperate with you to give you all the information you need to get the truth.
We can be reached through the following numbers: 7261284, 7505626, 78466161, 9947997.
Yours faithfully,
Amadou Touray, President.
Copied to:
Permanent Secretary, Ministry of Transport, Works and Infrastructure
Ministry of Trade, Industry, Regional Integration and Employment
Commissioner of Labour
Solicitor General, Ministry of Justice
Managing Director, Gambia Ports Authority
National Human Rights Commission.
