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Trade unions want more freedom of expression for civil servants

21 septembre 2007, 00:00

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Anil Dev Chiniah is only one more example of those civil servants who must in any case remain silent if they want to keep their job. There is no evidence yet that the former acting secretary of the Tertiary Education Commission (TEC) was the one who leaked information to the opposition about irregularities in the university set up by the Jeetah family. However, he has apparently been urged to go for early retirement. This alleged constructive dismissal is only one more example that the civil service is opaque and that the government revels in this lack of transparency. Yet, trade unions have been ringing the alarm bell for some time now.

Last month, Radhakrishna Sadien, the president of the State Employees Federation, seized the opportunity of an official event in the presence of the prime minister, Navin Ramgoolam, to ask for the right for all civil servants to ?give statements and information on their work to the public through the media?. But, since then, in view of the recent alleged case of ?forced resignation? at the TEC, the government appears comfortable with this situation.

At the moment, the law binds civil servants to silence with the Official Secrets Act. ?A supervising officer shall ensure that his staff are familiar with the

Official Secrets Act?, states the Personal Management Manual (PMM). This manual is set to provide guidelines and procedures that ensure an appropriate level of standardisation in the application of rules, regulations and conditions of service in force.

The PMM clearly indicates: ?No officer shall, unless he is specifically authorised to do so, communicate directly or indirectly to the written or spoken press or to any other person outside his own ministry or department any information to which he has had access by virtue of his official position?. In the same line, ?any document emanating from any official source is the property of the Government of Mauritius and may not be disclosed to any person working outside the public service without the approval in writing of the supervising officer?. Anyone wishing to communicate in writing to the press has to go through the Government Information Service of the Prime minister?s office.

As the PMM clearly shows, communicating any information to the public in a legal way implies lengthy procedures that many officials may not be ready to undertake. As a result, civil servants are reduced to silence if they value their position.

For Rashid Imrith, vice-president of the Federation of the Civil Service Unions and president of the Government General Services Union, it is high time that civil servants be given the right to express themselves and give relevant information to the public. ?This law is rigid. When it was made several years back, it was in a period of war where civil servants were introvert and did not have the right to say anything because of State secrets. It was justified then but since then there has been a great evolution and the rights of civil servants have not followed,? he declared to l?express.

Communicating any information implies lengthy procedures that many officials may not be ready to undertake. Hence, civil servants are reduced to silence if they value their position.

?Today, everyone is well aware of their rights. Transparency and good governance have almost become fashionable. Private radios have also played a role in making those benefiting from public service aware of their rights. If civil servants are not allowed to express themselves, they will be the odd ones of society. In the eyes of society, they become the ones responsible for everything because they just can?t give information?, he commented.

The trade unionist made it clear that there is no question of divulging State secrets or even important information about government strategy on any important issue. ?However, I do not think that giving someone who is calling the ministry information about his pension is an official secret. There should be limit to determine what can be said and what can?t be said,? he pointed out.

This is why it appears so important to legislate over that specific issue. ?Those making declarations to the press or directly to members of the public should be protected,? he added. The Public Service Bill, which was circulated to the public two years ago, is ?supposed to take this aspect into consideration. But we are still waiting for its implementation?. It is said to be in the pipeline. In 2005, Raj Mudhoo, the senior chief executive of the ministry of Civil Service, said in an interview to l?express that civil servants should better operate under the Public Service Bill because ?each one will take his/her own responsibilities and will know where to stop to prevent any interference?.

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