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Why stability in private sector, instability in public service P6 Fighting exploitation amid high unemployment rates P4
The following are institutions and organisations that cherish and treasure their employees:
1. British American Tobacco 2. Central Region Water Board 3. Chingonga Estate Agents 4. Ecobank 5. Escom 6. Illovo Sugar Malawi 7. Lilongwe Water Board 8. Malawi Revenue Authority 9. Nation Publications Limited 10. Nico Holdings Limited 11. Northern Region Water Board 12. Paec 13. Roads Fund Administration 14. TNM
FACTS
ARCHIVE FAST
Labour Day dates back to May 1 1886 when the US workforce organised a countrywide general strike involving 300 000 workers who were demanding an eight-hour working day and justice for the masses. In Malawi, trade unionism can be dated back to 1945 when the truck drivers and anti-colonial activists Lawrence Makata and Lali Lubani set up Transport and General Workers Union, the Magalimoto.
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Civil servants block an office entrance during their recent strike in Lilongwe
the Act may not lead to problems of interpretation and implementation. One would say: you can only go on a strike after failed conciliation. Another would say: you can choose not to go to conciliation or not by choosing to inform the PS or not. On the other hand, for government and related institutions the conciliation is mandatory. At the end of the day, significantly, the right to civil immunity as well as the right to return to employment after the strike are said to apply to strikes participated in conformity with Labour Relations Act. The question is: What would mark conformity with the Act? Has the State put in place sufficient mechanisms for the enforcement of the right to withdraw labour. The other question is whether striking employees endeavour to comply with the requirements of the law. Or are the strikes legally regulated? All things considered, there is need to seriously rethink the laws and procedures in relation to strikes and lockouts. There would be need to come up clearly with the processes to be followed for PAGE 7
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WATIPASO MZUNGU JNR Staff Writer
regnancy is supposed to bring joy and happiness in a family. But for a tobacco tenant, Marko Mwale, 41, it was a cause for worry. Then working in Mchinji, his wifes pregnancy almost cost him a job at an estate he had worked for 10 years. In January 2010, his was due to have a baby. She asked him to arrange transport to Kapiri Mission Hospital located about 20 kilometres away for safe delivery. Enthusiastically, the husband approached his employer for assistance as he [Mwale] had neither a bicycle nor money to hire one to take the wife to the hospital. To his shock, the landlord could hear none of this. I was told to choose between caring for my wife or job. He reminded me that I had come alone and that he could not be responsible for intruders, Marko said. Confused and helpless, he returned to his grassthatched hut where he found his wife lying in agony. For fear of losing my job and annual payments, Id no choice, but to assume the role of a traditional birth attendant, Mwale said recently when briefing officials from the Ministries of Labour, Agriculture and Centre for Social Concern (CfSC) during a review of the working and living conditions of tobacco tenants and other workers on tobacco estates. However, the good news is that with the grace of God, my wife delivered right at the estate and the child is still alive, he added. Sharing her experience is Rosaria Chiteyeye, another tobacco tenant at Chiphaso in Kasungu. She revealed the hypocrisy of employers who engage the whole family as tenants, but pay the husband only as if women and children were not contributed nothing to the production of the leaf. And we cant argue because that would mean putting our jobs at risk, said Chiteyeye. She also disclosed that there are no maternity leave, transport facilities, medical scheme, death gratuity, and other entitlements as is the case elsewhere. The two cases bring to
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Kasese Health Centre in Dowa, a facility that offers treatment and psychosocial support to people injured or exploited in tobacco estates
potable water, schools for their children and medical services. An official at the Industrial Relations Court (IRC) in Blantyre, who did not want to be named, concurred with the report, saying this has also resulted in the increase in the number of disgruntled employees filing lawsuits against their employers. The official stated that unlike in the past, a huge number of employees are trekking to the courts to seek redress when they feel their rights and freedoms at work have been violated. A day hardly passes without registering a labour-related case, she said. Records seen by The Nation showed that a week before clocking the first quarter of the year, the IRC in Blantyre had already registered 180 cases [from January 7 and April 22] bordering on unfair dismissals, unlawful salary deductions, underpayment and unpaid overtime. This means that on average, the Blantyre IRC registers 1.5 labour-related cases per day, which
Will the Malawi economy create employment for these children in 10 or so years to come?
translates into 547.5 cases per year. And for a court that operates from Monday to Friday, which are also punctuated with holidays, the number of cases is too huge for the court to hear, analyse and pass its determinations. Malawi Congress of Trade Union (MCTU) vice president Ronald Mbewe attributed this to the awareness campaigns trade unions are conducting across the country to sensitise workers on their rights and globallyaccepted labour practices. Mbewe was, however, quick to point out that there is still a big population of workers who allow their employers-turnedexploiters go scot-free for fear of losing their jobs. He said the awareness campaigns trade unions PAGE 7
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alawis estimated 120 000 civil servants, including teachers and Immigration officers, have of late been striking, demanding wage increases to counter rising cost of living. Recently, airports were forced to shut down and both domestic and international flights were cancelled, leaving passengers stranded both within and outside the country. Economic commentators blame deteriorating living standards on the devaluation of the kwacha and its subsequent floatation. Malawians have been complaining that since government, through the Reserve Bank of Malawi, implemented this economic policy, life has been tough as the purchasing power of the kwacha was eroded. The strikes staged by some civil servants only ended when government bowed to their demands and gave them a 61 percent pay rise which, some economic analysts warned that it may create inflation. But why are the civil servants the only ones striking yet devaluation of the kwacha has affected all employees, including those in the private sector? Civil Service Trade Union (CSTU) president Eliah Kamphinda Banda said Malawi civil servants are the least paid in this part of Africa, hence they do not fear to strike to improve their perks. In the private sector, a lot of employees get good salaries, hence, it is rare for them to quit and join the public sector. In Africa, maybe it is only in Kenya where the civil servants are almost at par with their counterparts in the private sector in terms of salaries, standard of living and
the general welfare, he said. He also argued that another factor that causes employees in the public sector not to go on strike is weak trade unionism. CSTU is well organised to the extent that its members have no fear at all to strike. If we agree to strike to improve our working conditions, we go ahead. This is not the case in the priva t e s e c t o r where employees are afraid of losing t h e ir j obs , s a id K a mph in da . Lawyer C h r i s t o p h e r Tu ku l a said it is difficult for private sector e mpl oy e e s t o s t rike because most of t h e t ime s t h e y h a v e targets to meet a t t h e e n d of t h e f in a n c ia l y e a r. In t h e c iv il s e r v ic e , n orma l l y there are no t a rge t s . C iv il service is basically about service de l iv e r y. Wit h out s e t t a rge t s , pe opl e c a n e a s il y mobil is e e a c h ot h e r t o f igh t what they think should change, he s a id. U n it e d G e n e ra l Insurance regional ma n a ge r Robe rt Boyd Chirwa agreed w i t h Tu ku l a t h a t it is dif f ic ul t f or the private sector e mpl oy e e s t o s t rike because they are w orkin g a ga in s t s e t t a rge t s . At t h e be gin n in g of every financial y e a r, y o u s e t t a r g e t s a s a c o m p a n y. S o , i f your target is K10 million and you on l y ge t K 6 mil l ion a t t h e e n d of t h e y e a r, a c o m p a n y c a n s impl y s a y there are no increments because targets were not met , argued C h ir w a . If what K a mph in da , Tukul a a n d C h ir w a s a y is a n y t h i n g t o g o b y, t h e n it is re a l l y difficult for private s e c t or e mpl oy e e s t o s t rike . n
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PAGE 12 government (1963) and independence (1964). They had suffered heavily, especially during the 1959 State of Emergency. But while unions enjoyed cordial relations with the Malawi Congress Party (MCP) during the independence struggle, relations turned sour in 1964 as President Hastings Banda cracked down. When unions seemed to support dissident Cabinet ministers, 14 out of 19 were deregistered. In 1965, Bandas MCP placed unions under direct party control, a step to creating the one-party State, with Banda as President-for-Life. Rejuvenated unionism The 1980s IMF/ World Bank-sponsored Structural Adjustment Programmes (SAPs) imposed by Malawis elite, plus 1990s prodemocracy struggles across Africa, rejuvenated unionism. On April 6 1992, veteran unionist, Chakufwa Chihana, shook the country by openly challenging the one-party State at Chileka Airport, upon return from South Africa. His arrest sparked a strike wave, starting on May 5. In 1993, the civil service experienced two mass strikes in health, education and transport for better wages and conditions. The strikes met severe repression, echoing the US Haymarket events. In 1992 and 1993, dozens of workers were injured or detained by State security forces; others were killed. Finally, the MCP regime was forced from below to start respecting freedom of association and to loosen its grip on unions. Malawis May Days Under the one-party State, May Day was not a public holiday nor could unions organise independent May Days. So, the first May Day in independent Malawi was in 1994. Held at the Ryalls Hotel in Blantyre just two weeks before the first multiparty general elections, and 11 months after a referendum in favour of elections, it was organised by the Hotels and Food Workers
Union. Held, however, at a luxury hotel, without publicity and in the wake of State repression of dissidents and strikers, the event was poorly attended. May Day became an official public holiday in 1995 under the newly-elected United Democratic Front (UDF) government which included Chihana as Second Vice-President. That year, the Trade Union Congress of Malawi (TUCM) held a widely publicised series of May Day activities at Kamuzu Stadium and a peaceful march. The then minister of Labour, Ziliro Chibambo, was present, as were employer representatives.
& van der Walt, L. (2009). Black Flame: The Revolutionary Class Politics of Anarchism and Syndicalism. AK Press: San Francisco, contact L u c i e n . v a n d e r Wa l t @ gmail.com Credits *Sian Byrne works for the Congress of South African Trade Unions (Cosatu), South Africa. Warren McGregor is a lecturer at the University of Witwatersrand, South Africa; Lucien van der Walt lecturer at Rhodes University, South Africa; Paliani Chinguwo is a researcher at Southern Africa Trade Union Coordination Council, Botswana. n
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Introduction hen we celebrate May Day, we rarely reflect on why it is a public holiday in Malawi or elsewhere. We want to share the powerful struggles that lie behind its existence and the organisations that created it and kept its meaning alive. May Day, international workers day, started as a global general strike commemorating five anarchist labour organisers executed in 1887 in the US. Mounting the scaffold, August Spies declared: If you think that by hanging us, you can stamp out the labour movement the movement from which the downtrodden millions, the millions who toil and live in want and misery the wage slaves expect salvation if this is your opinion, then hang us! Here you will tread upon a spark, but there, and there, and behind you and in front of you, and everywhere, flames will blaze up. It is a subterranean fire. You cannot put it out. Anarchist* roots May Days roots in the revolutionary workers movement are often forgotten. It arose from the anarchist movement anarchism is often misunderstood. Anarchists such as Spies wanted society to be run by the ordinary workers and farmers, not capitalists or State officials. In place of the masses being ruled and exploited from above, society and workplaces should be run through peoples councils and assemblies, based on participatory democracy and self-management. Anarchism was a global mass movement from the 1870s, including in the USA. Its stress on struggle from below for a radically democratic socialist society appealed to the oppressed in Africa, Asia, the Caribbean, Europe and the Americas. The 1880s USA looked like China today: massive factories, poverty, slums, and the oppressed working class under the boots of the powerful, wealthy elite. Anarchist workers fought back. They were central to the US-wide general strike of May 1 1886, involving 300 000 workers. Unions demanded the eight-
Haymarket martyrs On May 3, Chicago strikers fought with scabs; police killed two strikers; the IWPA called a mass protest against police brutality at Haymarket Square. Here, an unknown person threw a bomb at police, who then shot dead many workers. The Chicago elite used the clash to crackdown on anarchists. After a blatantly biased trial, eight anarchists were convicted of murder, falsely blamed against all evidence for the bombing. Spies, Albert Parsons, George Engel and Adolph Fischer were hanged in 1887. Louis Lingg committed suicide instead. Samuel Fielden, Neebe and Michael Schwab got life sentences. Rebuilding, anarchists and other socialists formed the Labour and Socialist International in 1889. This proclaimed May Day as Workers Day, a global general strike to commemorate the Haymarket Martyrs, fight for eight-hours, and build global workers unity. So May Day began as an example of globalisation-frombelow. And it continues to be a rallying point for workers everywhere, facing social and economic injustices 120 years on. Struggles in Malawi Malawians played an important role in unions in South Africa, Zambia and Zimbabwe. Famously, Clements Kadalie spearheaded the anarchistinfluenced 100 000-strong Industrial and Commercial Workers Union. In Malawi itself, unions can be dated to 1945, when the truck drivers and anti-colonial activists, Lawrence Makata and Lali Lubani, set up a Transport and General Workers Union, the Magalimoto. This was in the context of Blantyre City strikes by teachers, sanitation workers, domestic servants and rail workers. While the British State rolled out labour reforms in its colonies from the 1940s, the aim was to contain unionism. Repression remained common, especially against politicised unions. Unions heaved a sigh of relief at Malawis selfPAGE 11
march of 80 000 people through Chicago, growing during the following days to 100 000. IWPA leadership included black women like ex-slave Lucy Parsons, immigrant workers like Spies and Americans like Oscar Neebe and Albert Parsons. Its Pittsburgh Proclamation called for the destruction of class rule through energetic, relentless, revolutionary and international action and equal rights for all without distinction of sex or race. Internationalist in outlook, the IWPA and the Chicagobased anarchist Central Labour Union (CLU) it led, fought for all working and