TRADE UNIONISM IN MALAWI

Simply put, a trade union is an organized group of workers whose main goal is to safeguard and advance the interests of its membership. The role of trade unions is primarily to negotiate agreements with employers for good working conditions like improved health and safety at the work place and better pay among others. This is referred to as collective bargaining.

On a regular basis, trade unions provide para-legal services, educational/training opportunities and financial support to its membership. Above all, trade unions also tend to influence government policies through lobbying with legislators and timely engagements with the relevant government ministries/departments/officials more often the ministry of labor.

The history of trade unionism in Malawi goes back as far as 1945 when the first trade union Transport and General Workers Union initially called Magalimoto was set up by two truck drivers cum politicians by the names of Lawrence Makata and Lali Lubani.

A few years later, the following trade unions were established: Commercial and General Workers Union, Building and Construction Workers Union, National Union of Plantation and Agriculture Workers, Local Government Employees Union, Nyasaland Teachers Union and National Union of Mine Workers.

In 1952 the Trade Union Congress of Nyasaland (TUCN) was instituted as a national centre of all trade unions. After a while, due to leadership wrangles some trade unions pulled out of the TUCN and formed a federation of their own called the National Council of Labor (NCL).

In 1964, the TUCN and NCL merged to form the Trade Union Congress of Malawi (TUCM). Malawi’s attainment of self government in 1963 and independence in 1964 was viewed as huge sigh of relief to the labor movement which had existed under the close and watchful eye of the colonial government for almost two decades.

Paradoxically, in the post independent Malawi the cordial relationship between the ruling elite and the trade unionists who had gallantly fought together alongside other nationalists as a united front in the struggle for self-government and independence of Nyasaland abruptly turned sour following the famous cabinet crisis which occurred barely eight weeks after Malawi became independent on 6^th July 1964.

From then, the state relentlessly became hostile towards the labor movement. For instance by the end of 1964, fourteen (14) trade unions had been de-registered by the ministry of labor. All civil service unions were banned and the Teachers Union of Malawi was renamed Teachers’ Association with the pressure from the state. Further to this, the 1965 Malawi Congress Party (MCP) convention adopted a policy of compulsory affiliation of trade unions to the MCP. This entailed that the MCP had the power to meddle into trade union affairs including election of office bearers and ensuring that at all times the trade unions conformed to the interests of party and the state which were regarded as one and the same.

Subsequently some renowned trade unionists like Susgo Msiska, Charles Msisha, Stuart Nkolokosa, Kelly Zidana and Chakufwa Chihana among others fled into exile while a few were cunningly co-opted into the apparatus of the state as one means of muzzling the labor movement.

For instance Richard Sembeleka who earlier on had served as secretary general for Malawi Railways Workers Union became the minister of labor in 1965. Nyemba Mbekeani who was once the chairman of the Trade Union Congress of Nyasaland (TUCN) was deployed to London to serve as the Malawi high commissioner to United Kingdom in 1967.

When Malawi opened its embassy in South Africa in the late1960s, it also pleased the then state president Dr. HK Banda to appoint another trade unionist John Kachingwe to become the first Malawi ambassador to South Africa. For about 30 years or so after the advent of the cabinet crisis, trade unions in Malawi were subjected to a draconian legal framework of the labor relations.

Historians and political analysts testify that to a certain extent Malawi’s democratic transition of 1992 -1994 is intimately connected to a veteran trade unionists called Chakufwa Chihana who openly challenged the one party state on its tented human rights record upon his arrival from exile on 6^th April 1992. The arrest of Chakufwa Chihana soon after his arrival sparked a strike activity across the country, which started with employees of David White Head & Sons on 5^th May 1992.

In 1993, the civil service too experienced two huge strikes that for a while crippled the country’s health, education, transport and other sectors. High ranking officials from various ministries and government departments in collaboration with senior officials from the Office of the President and Cabinet organized a conference in Blantyre in August 1993 to express the government’s concern over the 1992-1993 strike activity. Subsequently the state appealed employers to form Joint Consultative Committees (JCC) in the work places to facilitate amicable resolve of employees’ grievances.

Remarkably it is the strike activity of 1992-1993 that eventually compelled the state to start recognising and respecting the freedom of association, the protection of the right for trade unions to organize workers into unions and right for collective bargaining as enshrined in the International Labor Orgaisation (ILO) conventions 87 and 98.

To this effect, the remaining five trade unions under the quasi defunct Trade Union Congress of Malawi (TUCM) held their first meeting after the restoration of multi party democracy in Malawi on the 11^th September 1993. On 2^nd July 1995 a congress of TUCM was held where the new leadership was elected into office. In the same year TUCM changed its name to the Malawi Congress of Trade Unions (MCTU).

Prior to the elections at the 2^nd MCTU quadrennial congress in November 1999, the Local Government Trade Union (LGTU) and the Civil Service Trade Union (CSTU) abruptly detached themselves from MCTU following wrangles on over due affiliation fees and later got affiliated to another federation of trade unions called Congress of Malawi Trade Unions (COMATU) which was formed in 2000.

However it was observed that while the UDF led government sought to nurture trade unionism in Malawi, in practice it attempted to apply the ‘divide and rule tactics’ of the one party state and also encouraged rebellions within unions.

For instance In his paper entitled The State and Labor Control in Malawi Dr. L. Dzimbiri (2005) discusses that during the 1997 longest civil service strike against delays in the implementation of the 1995 Commission of Inquiry recommendations, the state promoted, sent to foreign services or transferred some Civil Servants Trade Union (CSTU) leaders to other parts of the country in order to weaken the union leadership.

In the same paper, Dr. L. Dzimbiri further argues that MCTU breakaway Congress of Malawi Trade Unions (COMATU) is perceived as a state machination in the post one party era to strangle the labor movement as the government’s approval to register COMATU remains controversially questionable.

By merely looking at the closeness of the wording between Congress of Malawi Trade Unions (COMATU) and Malawi Congress of Trade Unions (MCTU) and with reference to Section 11 (3c) of the Labor Relations Act which stipulates that the registrar of trade unions would register a union when the name "does not so closely resemble that of another union or employers organization so as to mislead or cause confusion,’ it is then argued that it does not need to take one to be a legal expert or linguist to detect a possible confusion of identity in this regard.

As of late the sort of relationship between the state and trade unions in Malawi is still characterized by elements of cynicism and paranoia which can best be described to be a colonial legacy. To a certain extent the state view trade unions as agents of the opposition politicians bent to frustrate government endeavors in various aspects.

For instance in January 2008 at the 9^th Mzuzu University graduation ceremony while the strike of the university of Malawi lecturers was under way, the state president Bingu Mutharika squarely blamed the opposition political parties for sponsoring the university lecturers’ unions to organise strikes with unrealistic demands to the government.

More so, on the 10^th of December 2007 the Malawi Congress of Trade Unions (MCTU) hosted a launching ceremony in Lilongwe of a book entitled Towards A People Driven Development Agenda by the Alternatives to Neo liberalism for Southern Africa (ANSA) Programme of the Zimbabwe Congress of Trade Unions (ZCTU). The high ranking government officials including cabinet ministers who were officially invited refused to attend this book launch out of unfounded suspicions.

In an article that appears in the DAILY Times of 12^th December 2007 entitled Government Shuns Book Launch the then principal secretary for the ministry of labor Dr. Daudi is reported to have said that the Malawi Government shunned the ANSA book launch all together because the ANSA book contradicts government’s development programmes and policies.

Ironically the title of the ANSA book itself is essentially one appropriate way of describing the ‘Decentralisation Policy’ popularly known as ‘Mphavu ku wanthu’ which is being championed by the Malawi Government through its various development programmes.

More ironically indeed, the state president’s justification of the government’s drive towards fertilizer subsidies and his outburst on the Economic Partnership Agreements (EPAs) as lately reported in the daily papers are basically what the ANSA book discusses in favour of among others.

Further to this, Mutharika happens to be an author of a thought provoking book entitled One Africa, One Destiny which essentially supports the very arguments put across in the ANSA book which is a brain child of one progressive scholar and a patriotic son of Malawi late Prof. Guy Mhone who spent about 30 years of his life in exile on political grounds just like Dr. Bingu wa Mutharika himself.

• Trade unions actively participated in the drafting processes of the following blue prints: the Republican constitution (1994), Labor Relations Act (1996), Employment Act (2000).

 

• There has been an increase in the number of trade unions. For instance from 5 in 1992 to 21 by 2000.

 

• The annual membership of trade unions has been increasing. For instance from January 2004 to December 2007 the annual membership of MCTU affiliates increased from 45,000 by 153%.

 

• There has been an increase in the number of Collective Bargaining Agreements (give and take agreements signed by employers and employees) i.e. from 2004 to this day at least 50 CBAs have been signed while 20 are yet to be concluded.

 

• Trade unions participate in various national policy review processes. For instance since 2004 MCTU has been involved in the review processes of the following policies: National Labor Reform, Republic Constitutution, National budgets, Malawi Growth and Development Strategy Paper, HIV Aids National Work place Policy, Pension Bill (in process).

 

• Since 2004 trade unions in Malawi have been participating in tripartite dialogue fora comprising of the government, trade unions’ leadership and employers’ representatives.

 

• Trade unions in Malawi are now recognized at the international scene. For instance MCTU is affiliated to the International Trade Union Confederation (ITUC), Organisation of African Trade Unions Unity (OATUU), Southern African Trade Union Coordination Council (SATUCC), African Labor Research Network (ALRN). Further to this, the MCTU is currently a member of the SADC committee on HIV Aids and Economic-Social Cultural Affairs committee of the African Union (AU)

 

• The number of illegal strikes and labor disputes has been dwindling due to trade union activities i.e. awareness campaigns and organizing programs.

 

• An increase of the number of trade unionists trained in various fields e.g. Legal Protection, Good Governance, HIV Aids, Economics, Organising and Collective Bargaining skills, Conflict Management and Resolutions, Labour Relations etc For instance there has been a 76% increase in the number of trade unionists (from 621) that MCTU trained in various local workshops from 2004 to 2007.

 

• In the late 1990s, trade unions particularly MCTU was the first institution to come out to prove and condemn the prevalence of child labor in Malawi.

 

• Neo-liberalism, which is inherent in IMF/World Bank policies that are, imposed on the third world countries. This neo-liberalism requires states to implement development policies/programmes that assist businesses achieve the possible highest levels of profits.

 

For example relaxing labor laws, relaxing environmental laws, reducing the corporate tax, enabling conglomerates and investors to freely move cash in and out of the a country, removing all barriers to Foreign Direct Investments (FDIs).

Generally the levels of unionism in Malawi are still minimal when a comparison is made between the total number of workers and those that have been unionised. The northern region and the informal sector of the economy lag far much behind.

Trade unions are not self-reliant as they largely depend on donor aid to function.

The absence of Pension Act for the retired and social security measures for the jobless.

• HIV Aids pandemic continues to exert adverse effects on the productive work force

 

• Low women participation in trade unionism at leadership level which currently hovers around 24% as far as MCTU is concerned.

 

• Absence of Collective Bargaining Agreements in most sectors inhibits trade unionists to effectively negotiate with employers.

 

• Increasing cases of child labor and trafficking

 

• Lack of adequate capacity building among the unionists on Law, Management, Leadership, Information and Technology, Public Policy Analysis etc.

 

• Resource constraints within the civil service machinery- hence the ministry of labor is unable to effectively operate i.e. conduct sufficient labor inspections to ensure compliance of the labor laws on the part of employers. The same is the case with the Industrial Relations Courts as there are back logs of labor cases still unheard thus denying justice concerned parties.

 

• The proposed amendments of the Occupation Safety and Health Act (OSH) and the Workers’ Compensation Act are long overdue.

 

• Privatisation of state owned companies which greatly continues to contribute to the increase of unemployment rate in Malawi.

 

• The minimum wages set by the government which are miserably low do not enable workers adequately meet their basic necessities with the on going increase of living standards.

 

In the final analysis, the SADC Social Charter, United Nations Declaration of Human Rights, International Labor Organisation (ILO) core conventions on one hand which the Malawi Government ratified and the Labor Relations Act (1996) and the Employment Act (2000) on the other hand are fundamental instruments that the labor movement in Malawi can utilize to advance the ILO’s Decent Work agenda which seeks to promote opportunities for employment for men and women, workers’ rights, social protection, and social dialogue.

All in all, trade unionism in Malawi remains an important constituency within the civil society. With a huge membership in all the sectors of the economy and given a representative, accountable and visionary leadership trade unions pose to be formidable institutions in endeavors towards good governance and sustainable development at large.