December 6th, 2009
Outset: Nepalis fought various struggle in last century. In 1970s, it was student led urban-elite movement demanding immediate end of the then Party-less autocratic system under the absolute monarchy. The movement influenced mainly all colleges and to some extent certain city dwellers, the political elite and relatively aware masses. In order to extinguish the flame of the movement, the king declared referendum. Through election rigging, his despotic lieutenant declared that their “reformed Panchayat” had won the referendum— the multi-party system was rejected by the majority people! The spirit of the movement was evaporated so quickly the reason was- it was not deep- rooted through out country.
This political incident gave birth the second generation of 1950s dead trade unionism of Nepal, which was the junior partner of the 1979/80 movement.
The 1990 movement was more or less clear in its agenda. The radical left who were almost underground and widely supported by mass organisations were under the banner of United Left Front. On the other corner semi-under ground Nepali Congress- the Centrists party was joining its hand in the Janaandolan (Popular Movement)-I, whose goal was constitutional monarchy and multi-party system. Its impact reached to almost all cities and urban areas of Nepal. Facing the 52-days brutal repression, the movement achieved its goal; Panchayat system toppled down; absolute monarchy bent down into constitutional. Multi-party system again restored. Its impact was comparatively impressive. Nepal, with new constitution, kicked off a new journey, which institutionalised various democratic institutions. However, this democracy limited to formal-one. Inheriting different loop-holes & lacunas and established by 30 years continuous struggle, the hard-won democracy could not pacify dissatisfaction of larger segment of Nepali society. Sadly Nepal compelled to face deadly insurgency, which claimed above 13,000 lives. Trade union became an important partner of the movement. This “formal” democracy however educated many people irrespective of rural or urban dwellers.
April Uprising of this year was different in many accounts. First this movement was triggered in wider base. All of the institution of the civil society including individuals was in the movement. Various civil society organisations-led awareness raising campaign build opinion, communicate and educate each other in order to gear-up Janaandolan (Popular Movement)- II. Trade unions and professionals were shaping direction of this movement. So quickly this was spread through out the country. None of the district and villages was idle and isolated during the movement. Thus, it produces various colourful results within 19 days general strike and the mass-show. No where in the history people defy weeklong shoot-at-sight curfew every day and demonstrated, the curfew which was continuous till 25 hours as well some day.
Janaandolan– II, popularly known as Loktantrik Andolan compelled King Gyanendra to declare restoration of dissolved parliament on mid-night of April 24, 2006, which through the May 18, proclamation exclusively striped-off power and privilege enjoyed by the King of Shah dynasty since 238 years.
Parliament opens door to senior govt officers to join unions
May 11 – The House of Representatives adopted a proposal allowing senior government officials to participate in trade unions and allowing them to stage protests for professional rights.
With the endorsement of the proposal by the House, civil servants and government officials – barring security personnel, office heads responsible for managerial works and those holding positions equivalent to Gazetted First Class or above – “can enjoy fundamental trade union rights guaranteed by ILO Conventions”.
This means government officers holding the position of under-secretary and below can join unions in contrary of clerks of the rank up to non-gazetted officers of existing practice; which even allows limited rights of association only.
Rights at transition:
“Sometimes tortured by the words-tongues-eyes-fingers
Sometimes bucked up by the words- tongues-eyes-palms
Insulted/abused badly sometimes
And highly praised/appreciated sometimes
Sometimes with hurt sentiments
With tears flowing from the inner heart
And with gloomy smile hung on the lips
Sometimes in high temper
Challenging the entire universe in revolt
Sometimes like a rhododendron in its full form
Full of life, I come my home at haste
Retired from the work in the late evening
Tired I return to my nest.”
(Portion of the poem-To my nest by Umesh Upadhyaya on state of Nepali workers)
As characterises in the poem, present state of Nepali worker demonstrates how Trade union movement itself is facing complexity of right vs. responsibility. Our world of work is now witnessing high expectation which has invited the labour militancy amidst slow delivery & inability to meet all of the demands made by various stakeholders.
Obviously, political transition itself is the cross-road of a possibility to transformation of society progressively and a looming danger of loosing achievement if fail to pursue proper strategy to manage delicacy of the transitional period. Fact says within 4 months period of reinstated house nearly 3.75 months witnessed everyday picketing of the Singhadurbar. The unwelcome appearance of Maoists labour wing (know as ANTUF-R) in the labour market & its unsolicited provocation has disturbed & derailed existing IR system and made CBA & authenticity of elected unions meaningless in the enterprises. They are promoting spontaneous strike by forwarding extreme demands and pushing workers into the chaotic situation in order to attract labour mass towards their “revolutionary posture”. In search of “space” in changed context Maoists are forcing general workers in the workplace to abandon membership from the unions they are affiliated. The workers are even facing threats of physical assault, kidnapping, and extreme abusive behaviour if they deny following the rebels “directives”. It has pushed Nepali society and the labour market into the state of ‘Lawlessness’. Further, issues of Industrial Relation and implementation of legislation is somehow side-lined and every where street-crowd through militancy determining the “justice”.
GEFONT Regrets & Condemns!
Arun Jimba- Area Secretary of Nepal Auto Mechanics Trade Union (NATU) Jorpati Area Committee (Kathmandu) has been mercilessly beaten up by Maoist arm-gang on August 04, 2006. Com. Jimba who was in his way back to home after completion of his committee meeting trapped amidst vandalism of Maoist cadres. They attacked him by sharp knifes and physically assaulted without any reason. The gang even threatened NATU members not to admit him in hospital and order to put such barbaric incident in low-profile.
GEFONT condemned & regretted on such hooliganism and asked to Maoists concerned unit to make its apology publicly. GEFONT further cautioned the rebel that their act was against the Code of conduct made with Loktantrik forces. Interestingly, week after of the incident Maoists local leader visit Arun’s residence and apologised.
Surprising marriage between rebels Provocation & Employer’s Double standard
Rebels “commitment” towards democratic credence interpreted as Irony in the workplace. They extremely practices two tools in order to “influence” toiling masses. First, they pay much attention in the place where union was existed already & union density was quite high. They opt to loggerhead with unions existed in the organised workplace. Engaging periphery irregular workers of said workplace, they concentrated against labour supplier in contractual jobs. Second, Maoist union used a propaganda tactics demanding ‘high salary’ as the minimum wage. They argued that there are three categories of organised enterprises in Nepal, A-B-C. And the demand of NRs 5,000-7,000-10,000 would be ‘practical’ respectively. Contrarily they muck workers making negotiation at May 24-25 with employers’ organisation in Hetaunda area in NRs. 95 per day (i.e.; NRs 2850 per month). And in the company such as Coca-Cola (supposed to Grade A as per their classification) they agreed in NRs. 125 per day (i.e.; roughly 3750 NRs per month). Generally, they were in emphasis to implement their set-theory… “Discontinue existing institutions & and system… expect the grave crisis … and divert mass to a great leap-forward”. Thus they generally preferred to attack signed CBA by the authentic unions inciting the spontaneous “strike” in the company.
An interesting story is related to this lies in Asian Thai Foods Company which produces instant noodles including Mayos brand; where gefont union made an agreement, which decided to list 150 workers in first phase for permanent job. After weeklong negotiation when workers were receiving permanent appointment letter for the first time since the company was established, the rebels (they were just 4 persons out of 465 workers!) picketed. They demanded to scrap of agreement made by authentic union. However they achieve no visible gain expect unnecessary loss in the company.
Ironically the employers played the “rebel card” in order to bring recognised unions in “size” despite knowing all these facts. Many occasions while conducting dialogue, they were in opinion that they wish to smell Maoist reaction in issues concerned. Interesting drama was plotted by the tea producers association in entire plantation industry. They used “Maoist card” during the CBA by demanding Maoists outfits’ presence in the CBA table. And put surprising condition – until “all” unions didn’t submit common demands they will make no deal as such with affiliates of recognised union centres! Two unions (GEFONT & NTUC) understand employers trick and decided to use same card against employers. They prepare collective demands enlisting all extremes points of either side which corner tea producers. This stupid strategy of employer perhaps damaged a lot in the tea plantation in pick plucking season of this year.
Similar story later be visible in HRCT sector. Maoists generally asked Managers to assemble workers in duty time and used to pick 10-13 names. Later they declare these names as their local units; these incidents were with no counter-argument accepted by the employers. Resultantly, while unions started to ask effective implementation of wages and related labour standard they made the hue-an -cries blaming entire trade unions.
The Labour Militancy Diary
Unions move to Interim Constitution and rights
In mid- July, a delegation led by senior leaders of all three recognised Trade Union Confederations visited office of the Interim Constitution Drafting Committee.
Citing the capital-friendly tendencies reflected in unbalanced treatment by the state between employers and the workers, the unions further demanded that the interim constitution should shape new Nepali State to be pro-worker and for this, trade union participation should be ensured in various structure of the state.
The Constituent Assembly whether it is a single house or the two-tyre house, trade union representation is a must in appropriate number, the unions suggested
Main points of suggestions are right to fair labour practice, right to social security, freedom of expression, one-third women employment in every sector of employment and labour bench in courts including the Supreme Court.