Maritime authority says blockage of Berbice River illegal

The Maritime Administration Department (MARAD) yesterday stated that the blockage of the Berbice River or any waterway is illegal and in direct contravention of the law.

Striking RUSAL workers have blocked the river for months in their battle for higher pay which has led to scores of dismissals. It is unclear why MARAD is only now speaking.

According to an advisory placed by MARAD in yesterday’s Stabroek News, the Administration stated its position on the blockage of the Berbice River as it pertains to the law:

The obstruction of rivers may be classified as an obstruction of a public way which according to the Summary Jurisdiction Offences Act, Cap.8:2, is any highway, market place, square, street, bridge or other way lawfully used by the public.

More precisely, the Act defines as an offence, in section 153(1) (x), the throwing or laying of materials including, coals, timber, iron, bricks, or stone, in any public place, or in any public canal not for a public purpose or under any proper authority.

Under the section 123 (b) Criminal Law Offences Act, Cap. 8:01, a felony is committed where a person or persons are proved to have unlawfully and maliciously damaged or injured any navigable river with the intent to, inter alia, obstruct or prevent the maintenance of navigation.

In late January, Russian owned Bauxite Company of Guyana Inc (BCGI) laid off 147 workers with the company informing employees that the downsizing of operations was as a result of a “fuel shortage.”

The announcement was the latest crisis in relations between the company and workers which have been underpinned by acrimony over wages and conditions. Talks on wages had been stalled for months and workers interpreted these layoffs as an attempt to pressure them.

To protest the company’s ad hoc firings and suspension of operations, the workers had strung barrels and jars across the river to prevent two barges filled with bauxite from crossing the river. As a result, barges belonging to BCGI have been docked at their wharf close to the mine site and are unable to travel to New Amsterdam to offload.

In March, Region Six Chairman David Armogan complained of a shortage of lumber in Region Six due to the blocking of the Berbice River by striking Bauxite Company of Guyana Inc. (BCGI) workers. Armogan stated that while he sympathised with the workers, as Chairman of the region he could not condone a situation which leads to other businesses being affected and also accused the government of doing nothing to rectify the situation.