Africa

In Africa, the implementation of labour laws - when in place- and respect for trade union rights, remain problematic. Numerous violations were again recorded in 2010. In addition to the structural issues, unions in the region often have to grapple with anti-union actions both from private employers and governments. Lawful strikes are difficult to call in many countries, and strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike repression is rife and often leads to violence.

In Swaziland, where constitutional freedoms have been suspended by a state of emergency in force since 1973, trade unionists who had gathered for May Day celebrations were brutally attacked by police, who also carried out violent arrests and searches. Sipho Jele, one of the arrested unionists, died in custody. Unionists in South Africa also faced harsh police repression and violence throughout the year. On several occasions police fired rubber bullets and used tear gas and water cannons to break strikes. Workers on picket lines were also harassed and intimidated, and approximately 100 South African unionists were arrested in 2010.

In Djibouti, unions operate in a very difficult environment. For several years, trade unionists have been subjected to constant harassment by the authorities, and in March 2010 the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights expressed its deep concern at the government’s complete lack of goodwill to settle cases of trade union rights’ violations. Arrests, imprisonments, injuries and dismissals are also common, as evidenced by the apprehension of 300 striking railway- and dock workers.

An ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Commission of Inquiry also confirmed in March that the government of Zimbabwe is responsible for serious and systematic violations of fundamental trade union rights. Arrests, detentions, violence and torture of trade unionists and workers occured while nationwide events were organised by the unions.

Unprecedented social protests began in Tunisia after the self-immolation of an unemployed graduate on 17 December and the suicide of another man. Many protesters, who were demanding actions against unemployment and corruption as well as respect for fundamental rights, were beaten by the police, arrested and fired at with live bullets. Government interference in the trade union movement was constant up until the final days of 2010.

Violence against workers and trade unionists were common in Africa in 2010. For example, in Uganda, police fired live ammunition during a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , killing two workers and severely injuring a third; in Zambia, protesting mineworkers were shot and injured by their Chinese managers; in Mauritania, riot police used extreme violence against demonstrators on several occasions; and in Algeria, anti-riot police brutally suppressed a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in Rouïba.

Organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. is a difficult task in the region. In Sudan, the Labour Code essentially denies trade union freedoms, and only allows for one trade union federation – which is controlled by the state. Workers in Libya and Egypt faced a similar situation. Although freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and the right to organise is recognised in other African countries, legal restrictions make free organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. difficult in countries like Botswana, Djibouti and Lesotho. In practice unions also face considerable hurdles. For example, in Equatorial Guinea the authorities do not recognise unions, and in Eritrea trade unions only enjoy limited rights to organise and all unions are kept under close scrutiny by the totalitarian government.

Organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. in the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s) proves an even bigger challenge to unions: employers often refuse to recognise unions, and abuse and harassment of workers who join unions is widespread. Violations of trade union rights occur in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s in countries like Nigeria, Ghana, Kenya, Mozambique and Togo.

In countries where unions are allowed to organise freely the problem of union proliferation may occur. The situation is perhaps the gravest in the Democratic Republic of Congo, where the authorities and employers have purposely encouraged the formation of hundreds of unions over a number of years with the view of weakening the trade union movement. A lack of objective criteria for recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of representative unions in the labour laws of Côte d’Ivoire and Senegal has also undermined the work of representative unions and contributed to union division. In 2010, yellow unions were reported for example in Burundi and Ethiopia.

Unions in Africa also have to struggle with a lack of respect for social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. This problem can take many shapes, including very weak social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. (e.g. Liberia), exclusion of some trade union organisations from tripartite structures (e.g. Mali and Mauritania), negative climate or hostile stances towards unions (e.g. Namibia and Benin), failure to implement tripartite protocols and decisions (e.g. Togo and Malawi), and lack of or limited collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
in the public sector (e.g. Angola, Central African Republic, Egypt and Libya). Strikes or threat of strikes are often necessary to force the authorities to the bargaining table.

The labour laws of many African countries contain excessive restrictions on trade union rights. In addition to the oft-recurring limitations imposed on free organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. , the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is commonly very restricted and, as a consequence, lawful strikes are difficult to call. Where workers do go on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , repression often follows in the form of violence, arrests, harassment and dismissals, as evidenced by the events in for example Algeria, Egypt, Kenya, Senegal, South Africa and Swaziland. In general, the application of labour laws and ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights conventions is problematic, also since the labour inspectorate is often weak and inefficient. The conditions in which the latter have to work are often extremely difficult. They often lack decent means of communication and transport and are generally seriously understaffed. This further complicates the enforcement of trade union rights on the continent.