International Centre for Trade Union Rights

Legal training for Namibian trade unionistsSource: International Union Rights, Vol. 2, No. 2, Multinationals and workers' rights (1995),pp. 9-10Published by: International Centre for Trade Union RightsStable URL: http://www.jstor.org/stable/41935425 .

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iCTUR IN ACTION □ EXECUTIVE COMMITTEE MEETS IN SOUTH AFRICA

The ICTUR

Executive

Committee

meets in

South

Africa

ZWEUNZUMA VAVI ICTUR's President

The 1995 Executive Committee meeting of ICTUR took place in Johannesburg on April 11th. The meeting was chaired by the new ICTUR President, Zwelinzima Vavi, Deputy General Secretary of COSATO, South Africa's largest trade union federation representing around 1.5 million workers. COSATO provided all the facilities for the meeting.

During the short stay in Johannesburg members of the Executive held extensive discussions with COSATO leaders, NACTO's Deputy General Secretary and International Officer, Mr M. Skhosala and trade union representatives from Soweto together with the Mayor of Soweto. ICTUR Executive Secretary, Tom Sibley, also addressed the Johannesburg all union Committee which has around 100 delegates and meets weekly. Discussions were also held with leading labour lawyers in both Johannesburg and Cape Town.

Discussions ranged across a great number of political, economic and social issues. On the trade union rights front the Government is about to present to Parliament a new Labour Relations Bill which it is hoped will become law by the

end of the year. This is an extraordinarily optimistic timetable but given the current support for national unity and the apparent willingness to tackle problems constructively and urgently, the unions appear confident that the new law will be in place by the start of 1996.

Work is also proceeding on a workers charter to cover the whole of Southern Africa - a minimum floor of rights based on certain ILO Conventions worked out State by State but with some supranational body to supervise the charter's application. This process is being encouraged by the Southern Africa Trade Union Co-ordinating Committee in which all important unions of the region are represented and which regularly meets government ministers from the region to discuss the formation of a Free Trade Area, migrant workers, workers rights, Aids and other pressing regional issues.

The EC meeting approved draft accounts, a draft budget for 1995/96 and agreed the preparations for the 11th meeting of the Administrative Council (ICTUR's leading body) which takes place in Geneva during the ILO Conference in early June. A programme for

strengthening ICTUR's network of National Committees was agreed and reports were discussed on work undertaken in Namibia, Kuwait and at the World Social Summit. It was agreed to launch a world wide campaign in solidarity with the working people of Guatemala as a focus for ICTUR's work during the second half of 1995.

The Australian Committee and the Asia Pacific Region As reported in previous Journals, ICTUR's National Committee in Australia has taken responsibility for our work in the huge Asia Pacific region. A detailed report was given of these regional activities focusing on interventions and activities in Fiji, Papua New Guinea, Vanuatu and Indonesia. Preparations are well advanced for an ICTUR mission to China to assess trade union rights issues and trends.

ICTUR Vice-president Michael Walton also reported on the Australian National Committee's Report to the Australian Government's Tripartite Working Party on Labour Standards on Trade Union Rights in the Region (see page 15 of this issue).

Legal training for Namibian trade unionists In March two

lawyers, Andrew Short and Mary

Stacey, from ICTUR's British

Committee, were in Namibia to follow

up ICTUR's initial mission in 1993 to

run a series of

training courses based on ICTUR's handbook on the

Labour Act. This project

involves ICTUR, the British TUC, the Commonwealth

TUC and the ICFTU.

The visit had two basic aims. Firstly, to enable us to assess training needs and draw up a proposal for the future of the paralegal training programme. A seminar for trade union educators and for those directly involved in runnļņg Labour Act cases was planned to assist in identifying training needs and assessing the impact of the project to date.

We ran a one day seminar and workshop within a course that had been arranged by the Commonwealth TOC and which was attended by trade union organisers and educators. The seminar touched on specific aspects of case presentation and the Labour Act provisions on collective disputes. There was then a discussion about the training programme to date and future training needs.

Secondly, to enable us to carry out research for a practical guide to the District Labour Court and its rules.

We were also asked to advise on specific concerns of the NUNW and its affiliates during our visit.

The project to date A 'Trade Unionist's handbook on the Labour Act of 1992' had been prepared by ICTUR for the National Union of Namibian Workers in May 1993. This was intended to provide a simple and accessible guide to the provisions of the Labour Act. Following an assessment visit in September/October 1993, three ICTUR lawyers ran a seriçs of training courses for organisers and shop stewards between 19th November to 2nd December 1993. These courses concentrated on the

substantive rights contained within the Labour Act, although the organisers courses did deal with some of the practical aspects of preparing and presenting cases under the Labour Act.

The booklet was very popular. We took two further boxes out with us and demand far outstripped supply.

We met a number of organisers who had attended the 1993 training programme. In particular, about six of the people who attended the seminar and workshop at the CTUC course in Swakopmund had been at the 1993 courses. It was clear from the issues raised, questions asked and the general approach to the seminar that the understanding of the Act and the practical issues that arise under it has developed considerably in

Page 9 Volume 2 issue 2 1995 INTERNATIONAL union rights

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ICTUR IN ACTION □ NAMIBIA

the last 18 months. In addition, several people

who attended the earlier courses have been or are currently involved in presenting cases, often successfully.

Labour Law and Practice All the trade unionists we spoke to complained about employers continuing to ignore the provisions of Labour Act on basic conditions of employment. The problem is particularly acute for members and potential members of NATAU (transport workers), NAFAU (food and allied workers), NAFWU (farm workers) and NDAWU (domestic workers). It seems that smaller employers have been ignorant of the provisions of the Act or less willing to comply with it.

In addition to these matters, a number of other particular problems were highlighted to us. There were complaints of lack of trade union and employee consultation before redundancies. Issues regarding the restrictions on overtime and the non payment of enhanced overtime pay were frequently raised. Some farm workers are experiencing difficulties in enforcing their rights to cultivate and keep livestock on the land where they work on site. Child labour remains a particularly intractable problem.

The Labour Inspectors were given wide powers under the Act to secure compliance by employers. Unfortunately, they are widely perceived as overstretched and/or performing badly. There were complaints of poor training and even collusion with employers.

Women There is commitment to raising the profile of women's issues within the NUNW. The NUNW have a National Women's Conference later in the year. NANTU (the teachers' union) have a Woman Empowerment Workshop for one week in the Autumn.

The strategy of NATAU (transport workers) has been particularly effective. Resources have been directed at promoting women as shop stewards. Women are gaining leadership positions within the Union. Three of the 14 National

Executive Committee members are now women, a fair proportion of the overall female membership.

Whilst the development of women's rights is being recognised and promoted, the strategies adopted so far appear to fall short of a case law strategy. Although Elina Akwenye, co-ordinator of NUNW's Woman's Desk is keen to develop such a strategy, this has not yet translated into litigation. No cases have yet been brought under the anti discrimination and equality provisions of the Labour Act, although maternity rights cases may have been commenced.

The full potential of the anti- discrimination provisions of the Labour Act may not yet have been fully recognised. It may be that officials lack the confidence to launch into legal proceedings at present. Interest was expressed in developing a fuller knowledge and understanding of this area.

Public Service Bill The NUNW asked us for two specific pieces of advice whilst we were in Namibia. The first was on the Public Service Bill which seeks to limit any public service employee from any political activity. The bill is widely drawn and would appear to interfere with Trade Union rights. Steve Gibbons of the British Committee of ICTUR assisted in the preparation of the Public Service Bill advice.

We were also asked to advise on the implications of the establishment of Export Processing Zones. The provisions of the Labour Act will not apply in the Export Processing Zones, but will be subject to separate regulation. The draft regulations have not yet been published and without these we have been unable to give much specific advice but were able to discuss the potential breaches of the ILO conventions and the Namibian Constitution. We are waiting for the regulations to be sent so that ICTUR can advise more formally on the implications. They have indicated they may well want assistance from ICTUR in drafting a complaint to the ILO. The NUNW are likely to seek to challenge the legislation in the Supreme Court of Namibia on

constitutional grounds and are likely to instruct the Legal Assistance Centre in Windhoek for this.

The role of the police in labour relations in Namibia is of increasing concern. In 1993 Consolidated Diamond Mines called the police during industrial action at their mines which assisted the company. Conversely when form workers are assaulted and beaten by their employers we were told the police have refused to prosecute the bosses on the grounds that it is a labour dispute. We were not asked for any specific assistance on this issue but ICTUR should perhaps monitor developments and be ready to speak out as and when the need arises.

The NUNW is concerned that the Health & Safety Provisions of the Labour Act 1992 have still not been implemented by the SWAPO government and that no Wage Commissions have yet been set up or minimum wages established. NUNW is also concerned that the tripartite structures set up in the Labour Act are being bypassed.

Effective implementation and adherence to the provisions of the Labour Act 1992 is urgently required and it is relevant to note that the government represents one of, if not the, largest employers. Anecdotal evidence suggested that the government pays some of its manual workers below generally accepted subsistence wages.

Recommendations There is a clear need for a training course for regional organisers and other trade unionists who will be involved in preparation and presentation of cases before the District Labour Courts.

The most urgent of the recommendations would be the intensive course for Trade Union officials involved in the preparation and presentation of cases. At present they are substantially disadvantaged by lack of training and the disparity of the resources available to employers. Trade unions and trade unionists cannot afford the N$3, 000 daily fee of the attorney acting for the respondents in the case we saw before the District Labour Courts.

"The full potential of the anti- discrimination

provisions of the Labour Act may not

yet have been fully recognised. It may be that officials lack the confidence to launch into legal proceedings at

present. Interest was expressed in

developing a fuller

knowledge and

understanding of this area."

INTERNATIONAL union rights Page 10 Volume 2 Issue 2 1995

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