Friday, 2 May 2008

Bizarre relations between MMD Government and Chinese investors tell us why we need Labour Law reform?

A story in the government-owned Times of Zambia today unwittingly reveals the state of relations between labour, investors and the state in Zambia today. In a story ostensibly about the refusal of the Government to withdraw the controversial Industrial and Labour Relations Amendment Bill, the Times reports, without comment, a frankly bizarre statement from President Mwanawasa: "Do not be surprised if we fire ringleaders. Ringleaders at the Chambishi were fired and I have directed that they should not be re-engaged."

WHAT?!
1) What power does the state believe it has to 'fire' the leaders of independent trade unions?
2) What is the President talking about in relation to Chambishi? The firm involved is a private foreign investor, with links to the Chinese state, investing in Zambia, which prides itself on being a 'liberalised' economy. Did the company or the state fire the striking workers? What is the role of the state in negotiations between labour and the company?

This sense, that labour unions can be heavily interfered with by the state through legal harrassment or the manipulation of the internal democracy of the unions is part of Zambia's history as a one party state, but is surely something that should be left behind in the past. The fact that it apparently has not been helps explain the anxiety of union leaders about the Government sponsored amendments to the Bill.

The Post and the Daily Mail also reports
the President reaction to Zambia Congress of Trade Unions (ZCTU) president, Leonard Hikaumba's appeal for the Government to withdraw the proposed amendments from Parliament. The Mail reports, Mwanwasa saying “We are not going to withdraw the amendment Bill because we have consulted all stakeholders. Mr (Leonard) Hikaumba, you know the fact that we have consulted you,” President Mwanawasa to the president of the Zambia Congress of Trade Unions (ZCTU) who had earlier spoken against the Bill. “We have consulted you but you want to make it difficult for Government. And you workers don’t ever say we will go on strike if the Bill is not withdrawn. Otherwise, you will be fired,” he added.

The Lusaka Times covers the same story
. They note that President Mwanawasa "warned mining companies that they will fail to acquire the needed profits if they deny the workers better working conditions. He said even after the newly introduced mineral taxes that mining companies would still a lot from their investment. He reiterated that Zambians taxes in the mining sectors were not high on average as compared to other mining countries."

In a second story the Lusaka Times report that Government has finalized the proposed national social security policy for the labour force in the country as a measure to provide adequate social protection.

Mines and Minerals development deputy minister Maxwell Mwale said the policy is aimed at creating a comprehensive social security system for workers. He also said that while Government had attracted new investment, that was creating jobs, in addressing the challenges arising from the jobs created government has launched the Zambia decent work country programme as an urgent and necessary step to ensure that the jobs are decent. He said government will also improve its capacity to enforce the labour laws that protect workers rights and occupational health and safety.

Zambia Congress of Trade Union trustee M’tumbi Goma said the economic growth that government is managing now should be acknowledged by respecting worker’s rights and creation of decent work. Mr Goma said the increased demand for labour market flexibility by employers has weakened collective bargaining structures and it has lead to poor working conditions and vulnerability of workers. He challenged workers to fight and strive to ensure that better legislation and other labour market laws that will bring dignity and respect for workers are adhered to by employers.

1 comment:

rohit negi said...

it seems not too many folks are entirely sure about the contents of the bill. i've been told though that the bill might not pass in the parliament, but that's to be seen. however, these statements by the president show clearly which side the zambian govt. is on. Immediately after the workers were fired at chambeshi following the troubles, the provincial and labor ministers quickly condemned the troubles and supported the summary dismissals at the site. The argument i often hear is this, and it is surprisingly repeated in the same form: 'Zambia is a country in a hurry to develop. you can't have workers striking in such a situation'.
of course, none of this is new, using development as the discursive tool to discipline workers goes back to the one party state, as you say. But it has added importance today given that unions are supposed to function (more) independently.
i think the issue is not so much about relations of the govt. with the chinese, rather it is about the more general and evolving relationship b/w unions, workers, and the state.
Kansanshi is interesting, anytime there is fear of labor trouble, the minister makes his way here