Eighteen students, nine males and nine

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1 Price: 10,000 No. 31, 2006 GHANA LABOUR COLLEGE TURNS OUT 96 GRADUATES by Kwaku Darko Aferi Eighteen students, nine males and nine females, who successfully completed a twenty-week Certificate in Labour Studies Course, have passed out at a colourful graduation ceremony at the Ghana Labour College, run by the Ghana Trades Union Congress, in Accra. In an address, Brother Kwasi Adu-Amankwah said, the call for attention to be paid to the social dimension of globalization required that labour movements sought the collaboration of progressive social forces in advancement of the cause of employment and decent work, as well as social protection for workers That, he said, will help in the country s drive to grow the economy and develop the society as a whole. He explained that the course was the outcome of collaboration between the centre for Development Continued on Page 16 CLS graduates and Bro. Kwasi Adu-Amankwah, Secretary-General (4th right standing), Bro. Isaac Yanney, (5th right standing) and Sis. Josephine Ashong Sabaa, (6th right standing), Principal of the Ghana TUC Labour College. inside Making The Labour Law Workable - 2 GAWU Challenges ILO Report - 3 African Labour Unions Discuss ILS - 5 Unions Must Collaborate With Management - 6 CBMWU & NUCECFWW Organize 3 Day Conference - 7 Unions Celebrate International Road Transport Week - 9 Social Partners Disagree On Labour Law - 10 GAWU Calls On Government To Address Factors That Lead To Low Productivity - 11 From The 2nd International Conference On Organising The Informal Economy - 13 Unions For Women, Women For Unions - 15 Unions Rubbish Fair Wages Commission - 17 Railways Workers Flex Muscles - 18 Women Negotiators Workshop - 19 Tit-bits On Collective Bargaining - 22 New International Trade Union Born - 24

2 Editorial MAKING THE LABOUR LAW WORKABLE When the new labour law was passed three years ago, precisely in 2003, the expectation was that it will be the panacea for the uncontrolled industrial action that often plagued the country. Why? The reason is not far fetched. Before the enactment of the Act, labour laws were scattered in different legislative documents, thereby making its administration and application cumbersome and painstaking. Therefore, when social partners recognized this deficiency and took the bull by the horn to craft a new law with inputs from all stakeholders, everyone thought the turbulence in the industrial relations sector will take a nose-dive or take a turn for the better or even subside completely. Three years on, however, the implementation of the good intensions of the law appears lost especially considering the spate of strike actions that have taken place during this short post-law enactment period. What is perhaps even more disheartening is the seeming lack of synergy in the manner stakeholders expect the law to be implemented. These differences were amply demonstrated when in a separate interview with journalists from the Daily Graphic, officials of the National Labour Commission, the Ghana Trades Unions Congress and the Ghana Employers Association gave varying viewpoints on how the law should be implemented. Whereas the National Labour Commission (NLC) called for strict adherence to due process as stipulated in the law and bringing those who flout the law to book, the Ghana Employers Association urged the NLC to stop throwing its hands in the air and rather bring all persons who flout the law to book. The Ghana Trades Union Congress on the other hand advocated solution to the root causes of industrial conflicts and disputes and urged industrial relations practitioners to proactively apply good industrial relations strategies in their pursuit of industrial peace. Obviously if these are the diverse angles from which the three most important stakeholders responsible for the management of industrial relations in the country are looking at the implementation of the new labour law then one can, without doubt, conclude that something very crucial needs to be done to save the law from stillbirth. Perhaps it is time for all stakeholders to come to terms that they need to organize more educational programmes for their members in a bid to engender a better understanding of the law. Again, Government should consider bringing leadership of the stakeholder institutions, including judges, more frequently together to brainstorm and arrive at some consensus on how the law should be implemented. Ultimately, the NLC should take advantage of the power vested in it and ensure that the law is implemented to the letter. This is the only way we can ensure that the Labour Law does not become one of the numerous laws that is passed but does not work. A stitch in time, they say, saves nine. 2 The Ghanaian WORKER No

3 GAWU challenges ILO Report On Child Labour in Ghana by Kwaku Darko Aferi The International Labour Organisation s (ILO s) Global Report says that Child Labour has decreased by 11 per cent over the last four years, with hazardous work recording the sharpest decline of 26 per cent The Report said, among children between ages 5-14, the decline in hazardous work was 33 per cent. The least progressive achievement was recorded in Sub- Saharan Africa, where the rates of population growth, in HIV/AIDS infection and child Labour remains alarming. The Report explained that the drop in the rate signifies that more parents are taking up their responsibilities to move their children away from work situations into the classrooms in order to prepare them for a better future. It said a significant number of children are in activities regarded as worst forms of child labour, which include child domestic work, fishing, head porters, commercial sexual exploitation, customary or ritual servitude, small-scale mining, and commercial agriculture. Others are in the urban informal economy - transportation, traditional restaurants, begging and petty trading, a phenomenon which is becoming increasingly visible in cities. Delivering the keynote address at the celebration of this year s World Day against Child Labour which was under the theme: The End of Child Labour: Within Reach, the Minister for Manpower, Youth and Employment, Alhaji Saddique Boniface, reaffirmed government s commitment to adopt coherent policies in the areas of poverty reduction, basic education and human rights to ensure progress in the fight against the worst form of child labour. The government, in pursuance of its commitment to eliminate child labour, he said, has over the years taken adequate steps through legislations, policies and other initiatives to protect the rights of children and promote their wellbeing. Alhaji Boniface noted the country s laws provide a framework for protecting children from exploitation. He cited the 1992 Constitution as legally enforcing fundamental human right and freedoms, including protection from slavery; the right to basic education; and cultural rights. He said, Article 28 of the Constitution spells out guarantees of rights and freedoms specific to children in line with the UN Convention on the Rights of the child. The Children s Act, 1998 Act 560: prohibits the engagement of a child in exploitative labour, which deprives the child the right of his/her health, education, or development, in line with Article 28 (2) of the 1992 Constitution. The Act sets the minimum age for development and mentions hazardous work in the informal and formal sectors as being dangerous to the development of children. Other law such as the Criminals Code 1960 (Act 29), the Criminal Code Amendment Act 1998 (554), Human Trafficking Act, 2005 Criminal Code, 1960, Act (30) the Court Act 1994 (Act 549), the Juvenile Justice Act, 563 and the Education Act 1960 also deal with issues on child labour. But the finding of a study conducted by the General Agricultural Workers Union (GAWU), has challenged the conclusion from the ILO Report that Sub-Saharan Africa recorded the least progressive achievement because the rates of population growth, HIV/AIDS infection and child Labour remains alarming. The study by the General Agricultural Workers Union (GAWU) of Ghana TUC established that although there was significant proportion of children working on cocoa farms nationwide that could not be described as child labour because the habit of children following their parents to the farm is part of the socialization process in farming communities in Ghana. No The Ghanaian WORKER 3

4 This was contained in an address by the General Secretary of GAWU, Brother Samuel Kanga, at a media conference organized by the Union to present the finding of a study conducted by GAWU to ascertain the veracity of the assertion that there are signs of excessive use of children on cocoa farms in Ghana, to the detriment of their education, health and overall development. GAWU is happy that by the research finding, the children have spoken, so have farmers and other stakeholders. It has become apparent that the incidence of child labour in the Ghanaian cocoa industry is not as alarming as initially propagated, as most of the children were found to be child workers. I hope the publication of the research findings will put to rest the issue which has attracted debatable or controversial concerns which threaten to blacklist cocoa from Ghana on the global market. Presenting the report, Mr. John Agyei, a researcher at the University of Ghana s Institute of Statistical, Social and Economic Research (ISSER), the institute which conducted the study said, the research followed international outcry and threats of boycott of Ghana s cocoa beans on the international market on allegations that children were being used on We must work for the day when every child is in the classroom or learn some vocation and also when children do not engage in any income-earning activities to supplement the efforts of their parents or guardians cocoa farms in Ghana and it was an offence according to the International Labour Organisation (ILO) and Ghana s Children s Act, Act 560. Mr. Agyei said, I followed my parents to their cocoa farm in my childhood and boyhood days but there is a clear distinction between child labour and child work. Child labour is work that is exploitative and deprives a child of his or her education and or personal wholesome development. Such work may be hazardous in the sense that it affects the child s physical health, morals and safety. He said many children in Ghana and indeed all over the world work at home to help their parents with household chores or with many other family activities. In developing countries, this is very widespread due to poverty and also family traditions. Even in developed countries, children undertake short-term economic vacation to earn some pocket money. It is common in Ghana to see a carpenter s son taking over as carpenter so that his father s tools and equipment are not left idle. So do lawyers and doctors and farming is no exception, he continued. Mr Agyei, however, admitted that the research, which covered 968 farmers and 328 children in 32 cocoa producing communities, realized that there were some instances of child labour but the magnitude was not as alarming as the impression the speculation sought to create. It is concluded from the analysis that a total of 27 permanent child workers representing eight per cent were involved in activities on cocoa farms considered to be child labour. This is on the basis that work is at the expense of their education and or their health. However, 68 per cent of children are engaged in activities in the cocoa industry which could be described as child labour, he said. He called for intensive and sustained public education and sensitisation on child labour issues to correct the wrong impression held by some people on the involvement of children in farming activities. This is a necessary step to check any abuse of the traditional practice of training children in the occupations of their parents. Mr. Agyei advocated strong collaboration among stakeholders to sensitise and build the capacities of community- based organizations to effectively check this emerging phenomenon before it becomes a menace. He hoped the publication of the research findings will put to rest the issue which has attracted debatable or controversial concerns which threaten to blacklist cocoa from Ghana on the global market. In his address, the Secretary- General of the Ghana Trades Union, Brother Kwasi Adu-Amankwah, compared child labour to a giraffe, saying, The further away you are from it, the smaller it looks, but a closer look reveals its enormous and gigantic nature. He said although the conclusions of the study was heartwarming it should not make Ghanaians complacent. We must work for the day when every child is in the classroom or learn some vocation and also when children do not engage in any income-earning activities to supplement the efforts of their parents or guardians, he continued. Brother Adu-Amankwah called on the government to ratify the ILO convention number 138 on minimum wage in employment, which would commit government with international standards. 4 The Ghanaian WORKER No

5 African Labour Unions discuss International Labour Standards Brother Kwasi Adu- Amankwah, Secretary- General of the Trades Union Congress has expressed concern at the rate at which workers rights are flouted with impunity by many multinational corporations in developing countries. He said even though all social partners such as government, employers and workers representatives have been involved in the formulation and adoption of international labour standards, these standards are often breached with impunity by many multinational corporations in developing countries. The Secretary-General was speaking at the opening ceremony of a five-day workshop on international standards and multinational framework agreements in Accra. The workshop which was organized by the Union Network International (UNI) Africa, in collaboration with the Friedrich Ebert Foundation (FES) sought to sensitise participants on the international labour laws and standards. The participants were drawn from Ghana, Nigeria, Liberia, and Zambia. Brother Adu-Amankwah said, trade unions in developing countries face challenges of protecting the rights of their members in the face of globalization. Thus, if there can be some form of negotiations at the global level which will guarantee the observance of the core labour standards by multinational corporations in developing No countries, this will go a long way protect the rights of workers. He noted that many unions are weaker in negotiating agreements with multinational corporations at the national levels because the multinational corporations are highly endowed with resources and also wield significant influence among policy makers and other powerful circles which the unions are unable to match. The role of global unions therefore becomes important for overcoming the weaknesses of unions at national levels in dealing with multinational corporations at the global level The Resident Director of the Friedrich Ebert Foundation, Miss Kathrin Meissner said, the workshop was basically to educate the participants on international labour standards and framework agreements. She said, in areas where multinational companies have established branches around the world, the trade unions have to become more internationalized and take on a global perspective on matters concerning the workers of a given country. The phenomenon of multinationals puts a particular challenge to the international labour movement as it has a different impact on the different world regions. The Ghanaian WORKER Brother Kwasi Adu-Amankwah, Secretary-General of the Ghana Trades Union Congress (TUC) Miss Meissner contended that the core objective of labour movements is to defend workers rights in every country of the world. Actually if we stand united, the labour movement can exert a lot of power on the multinationals if it organizes internationally. She noted that government and companies keep ratifying the international labour standards but it is important to make sure that these standards are observed. On his part, Mr. Isaac Liyungu, the regional representative of UNI Africa said, it was the expectation of the participants at the end of the workshop to better understand the international labour standards and agreement with a view to helping ensure their compliance. Daily Graphic. 5

6 Unions must collaborate with Management The Communications Workers Union (CWU) of the Ghana News Agency has been inaugurated with a call for responsible unionism in the country Brother Ekow Dadzie, General Secretary of the CWU, who made the call, urged members of the union to participate fully in union activities and work closely with management to enhance the fortunes of their organizations. Unionism should not only be when issues such as salaries and collective bargaining agreements are on the table, he said. Brother Dadzie said, trade union pluralism such as trade liberalization did not endanger unions but promote healthy competitive atmosphere needed to forward the aims and objectives of institutions they represent. The General Secretary said, CWU was as old as the Trades Union Congress with international connections and that its members were recognized by the union as one adding The strong support the weak where problems or issues affecting any single member affect all the union. Brother Dadzie noted that CWU is a responsible union and that the Ghana News Agency (GNA) Local Union would not regret joining it, adding This has come to stay and this is where you belong. He advised members not to use the union to bully management because that is not what it is intended to be. Brother Joseph Atopley N. Y. Atopley, Deputy Secretary-General (Finance and Administration) of the Ghana Trades Union Congress, who inaugurated the seven-member executive committee, acknowledged that the election of the GNA Union Executive Members demonstrated the commitment of members to express their democratic principles of choice. He said the successful the successful tenure of office of the executives depended on the support of the members, stressing that often officers had been left to run union without the full participation of the rank and file. Be part of the union, correct their mistakes, monitor them, and discuss other innovative ways of running the union, taking cognizance of the crucial role of time, he said. Brother Atopley reminded the members that the New Labour Law presented challenges that needed the concerted efforts of all stakeholders to surmount. He urged the management and union to undertake negotiations in good faith and to ensure that they made available relevant information to give the parties equal opportunity to negotiate fairly. On his part, Brother Enoch Antwi, Chairman of the GNA union said, some of the workers broke away from the Local Public Service Workers Union (PSWU) because they loved the agency and desire for its development. He said, it is our conviction that trade union is a community of brothers and sisters who relate warmly and positively to protect one another and work toward the collective good. Brother Antwi said, over the years, there had been acrimony instead of brotherhood noting it is natural for a union to have problems but the means of resolving them is what makes the difference. For us we believe that if we can not stop the practice, the least we can do is not to be part of it, hence the decision to break away, he continued. GNA Agitations on the labour front could erode Ghana s macroeconomic gains - Dr Appiah Dr. Francis Appiah, Executive Secretary of the National Peer Review Mechanism Governing Council, has said that the strikes and agitations on the labour front could erode Ghana s macroeconomic gains that have attracted commendations and acclamation from external partners. He said strikes and distortions within the labour front only forced the government to source for extra funds to supplement fiscal budgetary allocations, a phenomenon that he said created excessive wage/salary component. Dr. Appiah disclosed this in an interview with the Ghana News Agency (GNA) in Sunyani at a dissemination workshop on African Peer Review Mechanism organized by the National African Peer Review Mechanism Governing Council (NAPRM-GC) and the National Commission on Civic Education (NCCE) for stakeholders in Brong Ahafo. Dr. Appiah said, Besides these problems, the strikes could create distortions in the business environment, the consequences of which could affect the stability of the labour market. The Most Reverend Bishop Paul Bemile, Member of the NAPRM Governing Council said, a seven-member council was inaugurated in 2004 and charged with the responsibility of taking concrete measures to oversee the implementation of the APRM in Ghana and ensure that it is an independent, non-partisan and allinclusive exercise. GNA 6 The Ghanaian WORKER No

7 CBMWU of Ghana TUC and NUCECFWW of Nigerian Labour Congress organize 3 day bilateral conference by Selina Dabouh, CBMWU, Tamale No The Construction and Building Materials Workers Union (CBMWU) of Ghana Trades Union Congress and their counterparts, the National Union of Civil Engineering, Construction, Furniture and Woodworkers (NUCECFWW) of the Nigeria Labour Congress (NLC) have organized a three-day bilateral conference, the first of its kind, in Accra, Ghana, to discuss issues affecting their unions. Welcoming the delegates, especially those from Nigeria, Brother P. M. K. Quainoo, General Secretary of the (CBMWU), as the name of the union implied, the union organizes workers in all civil engineering and related trades and is one of the 17 affiliates of the Ghana TUC. He said the industry has, between 1994 and 1999 made an annual average contribution of about 7.7 per cent to the gross domestic product of Ghana. And from 2002 to 2005, the industry s percentage contribution was between 8.7 and 9.8 per cent of Ghana s gross domestic product, he added. The General Secretary lamented the increasing rate at which jobs are being outsourced to contractors, a phenomenon which undermines workers rights to social security and collective bargaining. A career in construction is proving less and less attractive thereby making it difficult to attract new recruits and ensure quality output, he continued. Brother Quainoo said, changes in employment practices in recent years, particularly labour subcontracting, have tended to make employers disrespectful of labour standards, national legislation or applicable agreements and these create unfair competition for those in the industry that abide by the law. He said the current challenges facing the construction industry result in appalling working conditions, poor wages and the threat of unemployment which puts the very existence of families at risk. Women and children are forced into degradation, worsening standards of living and social exclusion, he stated. On his part, the President General of the NUCECFWW of the NLC, Brother Samuel O. Adeoye, expressed their appreciation for the warm welcome offered their union. The President General said, looking at trade union as a human activity system and from a systematic point of view, in which organizations are considered as Living Human Activity System, organizational results and that of trade union results are the outcome The Ghanaian WORKER of human activities individually but especially through interactions (collaborations, team work, programmes) etc. Current economic order such as globalization and its attendant effects have made the world one global village; hence a bilateral consultative programme as this should reflect the shared vision of the leadership of the unions on issues of solidarity among unions and workers in the sub-region and the continent in general, he continued. Touching on the politics and and economy of Nigeria, the General Secretary of the NUCECFWW, Brother Tunde Laidi JP said, the political mirror of Nigeria gives a reflection of the Nigerian economy which, in turn, speaks of the breed of politicians on this part of the world. He said the transition to a democratic rule in May 1999, brought relative calmness to the polity which was so heated after the long military regime. Members of the National Union of Civil Engineering, Construction, Furniture and Woodworkers (NUCECFWW) of the Nigeria Labour Congress (NLC) who attended the three-day bilateral conference in Accra. 7

8 Ghana TUC Joins Publish What You Pay Coalition Kwaku Darko Aferi The Ghana Trades Union Congress has joined other Civil Society Organisations led by the Integrated Social Development Centre (ISODEC) to promote and ensure adherence to the values of transparency and accountability in revenues that accrue to the extractive sector, as part of a common commitment to fight poverty and social deprivation. In 2002, the Prime Minister of the United Kingdom, Tony Blair, launched the Extractive Industries Transparency Initiative (EITI) as part of efforts at ensuring the prudent use of natural resources wealth, in a way that promotes sustainable economic growth, and contributes to poverty reduction. The Government of Ghana responded positively to this by subsequently signing unto the initiative in 2003 and immediately begun preparations for its implementation in The Extractive Industries Transparency Initiative (EITI) is a government-led process, with organised civil society acting as watchdogs and engaging with the process through a parallel civil society initiative dubbed Publish What You Pay (PWYP). Publish What You Pay seeks to get all institutions, organisations and individuals that receive revenue from the extractive industry to publish exactly what they receive by way of revenue as well as publish what they use the money for. The Ghana chapter of the EITI- PWYP is led by the Integrated Social Development Centre (ISODEC), and has the Centre for Public Interest Law (CEPIL), League of Environmental Journalists (LEJ), Forest Watch, National Focus Centre for Environment, Friends of the Nation, CASOLS, Civic Response, National Union of Ghana Students, Wassa Association of Communities Affected by Mining, (WACAM), New Energy, and the Ghana TUC as current members. ISODEC represents the Coalition on the National Steering Committee of the EITI for the programme implementation. Other members of the committee are the Government, mining companies (represented by the Chamber of Mines) and the Minerals Commission. Labour Strikes Could Erode Ghana s Macroeconomic Gains Dr. Francis Appiah, Executive Secretary of the National Peer Review Mechanism Governing Council, has said that the strikes and agitations on the labour front could erode Ghana s macroeconomic gains that have attracted commendations and acclamation from external partners. He said strikes and distortions within the labour front only forced the government to source for extra funds to supplement fiscal budgetary allocations, a phenomenon that he said created excessive wage/salary component. This, he said, was highly responsible for the instability of the Cedi, high inflation and interest rates and improper planning of activities by business and consumers. Dr. Appiah disclosed this in an interview with the Ghana News Agency (GNA) in Sunyani at a dissemination workshop on African Peer Review Mechanism. It was organized by the National African Peer Review Mechanism Governing Council (NAPRM-GC) and the National Commission on Civic Education (NCCE) for stakeholders in Brong Ahafo. The workshop was to inform participants about the country s report on the African Peer Review Mechanism (APRM) and elicit the views and support of participants on the report to aid the council s monitoring and evaluation process. Dr. Appiah said, Besides these problems, the strikes could create distortions in the business environment, the consequences of which could affect the stability of the labour market. He called for a coherent salary/ wage policy to address the problem, otherwise an unhealthy wage/ salary structure would completely erode the macroeconomic gains made in the country. The Most Reverend Bishop Paul Bemile, Member of the NAPRM Governing Council said, a seven-member council was inaugurated in 2004 and charged with the responsibility of taking concrete measures to oversee the implementation of the APRM in Ghana and ensure that it is an independent, non-partisan and allinclusive exercise. He stated that the process included the self-assessment of the governance strategies of the country and the preparation of a programme of action to correct any inadequacies in the system. GNA 8 The Ghanaian WORKER No

9 Unions celebrate International Road Transport week by Kwaku Darko Aferi Acall has been made to social partners in the road transport industry to observe the working hours provisions in section 33 and 34 of the Labour Act 2003 (Act 651) which purports to keep workers healthy and to prevent accidents due to fatigue at the work environment. The call was made by Brother Emmanuel Armstrong Mensah, General Secretary of the Ghana Transport, Petroleum and Chemical Workers Union (GTPCWU) and Coordinating Secretary of the Federation of Transport Unions of Ghana. This was at the launch of the celebration of this year s International Road Transport Action Week Campaign held in Accra. Brother Mensah said the indiscipline on our roads must be eradicated because they result in damage to vehicles, loss of transit goods and other properties and more importantly loss of human lives which often has serious debilitating effects on human resource development in the country. This could be done through concerted effort by government, employers of transport organizations and unions that organize in the sector. He called on the appropriate organizations to ensure the s m o o t h movement of vehicles across borders to help prevent long distance drivers from contracting sexually transmitted infections and HIV/ AIDS. Brother Mensah reminded government and relevant authorities to, as a matter of urgency, ratify ILO Convention 153 of 1979 to help ensure sanity on our roads. The theme for this year s celebration was Organising globally, Building Union Power, Correcting Indiscipline on our Roads and Addressing Undue Delays at our Frontiers and Fighting the HIV/AIDS Pandemic in the Country. Hon. Magnus Opare-Asamoah, Deputy Minister of Transport said, government was determined to make Ghana the transport hub of the West Africa region and has therefore resolved to effectively play its role as the transit corridor for neighbouring landlocked countries. But these efforts must be supported by stakeholders in the industry who are the direct beneficiaries of the operations of an efficient transport system, he added. The Deputy Minister said the spate of avoidable traffic accidents and the resultant injuries as well as the fatalities in the past years were minuses on the remarkable strides that had been chalked over the past years. He said since 2001, the fatality rate per 10,000 vehicles has reduced from a high of 31 in 2001 to 21 as at the end of 2004 thus clearly showing a downward trend. Mr. Opare-Asamoah said the Driver and Vehicle Licensing Authority, Motor Traffic and Transport Unit of the Ghana Police Service and the National Road Safety Commission have been charged to strictly enforce the provisions of the Road Traffic Act, 2004 and relevant regulations and intensity their road safety programmes. He said they had been positioned to prosecute planned programmes to achieve the strategic goal of reducing accident fatality rate to a single digit by the year Apart from the GTPCWU, the Maritime and Dockworkers Union (MDU) and the Ghana Private Road and Transport Union (GPRTU) are the other affiliates of the International Transport Federation. The three unions also form the Federation of Transport Unions in Ghana. Brother E. A. Mensah, Gen. Sec. of GTPCWU of Ghana TUC and Coord. Sec. of the Federation of Transport Unions of Ghana (5th right), Brother Samuel Kanga, Gen. Sec. of GAWU of Ghana TUC (4th right) and other members of the federation marching during the celebration of this year s International Road Transport Action Week Campaign in Accra. No The Ghanaian WORKER 9

10 Social partners disagree on implementation of Labour Law Partners at the industrial relations front are in disagreement over how to make the Labour Law work. While the umpire in the sector, the National Labour Commission (NLC) is complaining that key partners are flouting the law with impunity, the Ghana Employers Association (GEA) is demanding adherence to due process as stipulated in the law and to bring to book those flouting the law. The Ghana Trades Union Congress, however, is pointing out that adherence to legality would not work. The NLC in the Tuesday, September 26, 2006 issue of the Daily Graphic complained that partners at the labour front were flouting the law with impunity, with employers engaging striking workers in negotiations when they should rather be reprimanding them. Another complaint of the NLC was that employees were embarking on industrial action when negotiations had already begun between themselves and their employers. Responding to the various concerns the Executive Secretary of the GEA, Mrs Rose Karikari Annan, asked When someone flouts a law in the country what do we do? She called on the NLC to be pro-active and bring to book those flouting the law. She noted that the commission had the capability to bring the culprits to book, considering the powers of the high court vested in it. They (the NLC) are throwing their hands in the air as if they are helpless; they should bring culprits to book and we will back them, she stated. The Deputy Secretary General (Operations) of the Ghana Trades Union Congress, Brother Kofi Asamoah, on his part said, there was the need for industrial relation managers to be pro-active and skilful in industrial relations management. He held the view that strict adherence to legal obligations under the law is not the best approach for any partner in the matter. He added that the industrial relations environment will continue to be chaotic if partners do not use appropriate skills to resolve conflicts and if they fail to be proactive to defuse tension before matters get out of hand. In the work environment and from the principles of industrial relations, it is important not to be legalistic. As much as we recognize the Labour Law as a legal document, it is important to incorporate skills in industrial relations, he stated. From Mrs. Karikari Annan s point of view, it was not a case of being legalistic but following through with due process and punishing those falling foul of the law. Mr. Asamoah, however, was of the view that the root causes of agitation in industrial relations had to be tackled for the law to take its course. Citing the public sector as the biggest in industrial relations, he was quick to point out that employers sometimes did not even acknowledge receipt of correspondence relating to discussions on collective bargaining agreements and also reneged on their obligations. He said such practices confirm workers perception that employers were not concerned, leading to agitation from employees. He indicted key partners, who, through their inaction, made situations worse when they could have made a little effort to resolve the problem at the initial stages. Mrs. Karikari Annan and Brother Kofi Asamoah, however, conceded that the Labour Law was the result of a protracted and consistent negotiation process, resulting in the giving of concessions on both sides. Therefore, commitment was necessary on the part of all partners. Mrs. Annan said the GEA had continuously been educating its constituents on the law, adding that in some instances, industrial action was averted because the association was pro-active. Brother Asamoah said education carried out so far by the Ghana TUC and other partners, such as GES, was not enough to sensitise Ghanaians on the law. He pointed out that the law was not limited to the formal sector alone but also applicable to the informal sector with benefits to both economies, which could only be realized if appropriate measures were taken to educate all and adequately resource appropriate bodies charged with enforcing the law. He asked for massive injection of capital to enable the government, employers, labour unions and all partners be sensitised on the law to make it work. Daily Graphic. 10 The Ghanaian WORKER No

11 GAWU Calls On Government To Address Factors That Lead To Low Productivity The General Agricultural Workers Union of the Ghana Trades Union Congress (GAWU) has called on government to comprehensively address the factors that create low and unfair prices for local products by instituting measures that will effectively prevent unreasonable post-harvest losses and promote value addition. This was contained in a release signed by the General Secretary of the union, Brother Samuel Kanga, on the occasion of this year s Farmer s Day. The statement also urged government to take a holistic look at the national trade policy and find ways to ameliorate its effect on sustainable agricultural development in the country. GAWU said agriculture in the country is currently characterized by excessive dependence on rainfall, obsolete conventional agricultural methods and unproductive farm implements. Ghana cannot attract the youth to undertake agriculture unless there is a radical change to modernise agriculture in the country, it continued. It said, the youth will continue to engage in activities like selling dog chains while the nation is fed on exotic agricultural products whose safety is questionable. Touching on theme for the celebration, The Youth Agriculture in the country is characterized by excessive dependence on rainfall, obsolete conventional agricultural methods and unproductive farm implements. Employment Programme: An Avenue for Sustainable Development, the statement indicated that much as it is a laudable programme, its ultimate goal cannot be achieved without addressing the issues that make farming unattractive. Government needs to embark on a radical programme that will make farming attractive by embarking upon a programme that will see the gradual elimination of the Ghanaian farmer s absolute dependence on rainfall and rudimentary farming techniques, the statement continued. It said the programme should ultimately lead to the provision of the much needed extension services, affordable irrigation schemes, and agro-inputs from sources that would not be detrimental to the health of humans and other living organisms nor pollute the environment. GAWU said the union mobilizes the rural self-employed, farmers and other agricultural workers for a collective voice that advocates and agitates on issues concerning employment because it recognizes the important role farmers play in the country s development and in the everyday lives of Ghanaians. It extended its warmest felicitations and unflinching solidarity with farmers in the country. Transition from Low to High Agricultural Productivity Ninety percent of Africa s poor live in rural areas and 70 percent of Africa s population has as primary source of employment agriculture. Therefore, key poverty reduction strategies should aim at raising rural income and this can best be done by raising significantly agricultural resource productivity. Raising agricultural productivity will also reduce food insecurity, favour rural development and increase export earnings thereby encouraging capital formation, which will have a positive spillover effect on the overall economic development including industrial development. - UN Economic Commission for Africa report No The Ghanaian WORKER 11

12 $ 30 Million For Affordable Houses The Ghana Home Loans (GHL) has secured a $30 million facility from the Overseas Private Investment Corporation (OPIC) to provide mortgage assistance to workers in the formal and informal sectors of the economy to own houses. The move forms part of alternatives provided by the government to make housing ownership for workers much easier and affordable. The Chief Executive Officer of GHL, Mr. Dominic Adu, who disclosed this in an interview in Accra, recently, said the facility could help relieve workers of the burden of raising huge sums of money from the banks to finance housing projects which were often faced with land title problems. He said over the last couple of months, a sizeable number of applicants, mainly workers with reliable income, had come forward to access the facility and gave the assurance that applicants whose background information were reliable would be considered. The country at present faces a housing shortage of up to 500, 000units while 175, 000 units are needed every year to meet the housing deficiency in the country. The government, in its quest to ease the housing problems facing workers, has embarked on a major housing project at Borteman near Nungua where up to 10, 000 housing units are being constructed, the first batch of which is expected to be completed by the end of the year. The government has also released up to 58 billion for similar projects to begin in Koforidua and Tamale, with plans afoot to replicate it in other regions. Mr. Adu said all that the applicants are required to do is locate a home for sale either from estate developers or private owners and after the necessary checks had been completed, the applicant will finance 25% of the cost while the GHL settles the rest before releasing the home on mortgage. He said the applicant could be given up to fifteen years maximum to settle their indebtedness, adding that this is much more affordable and easy to access. Mr. Adu said, GHL s target market comprised First Time Home Buyers, who are applicants, typically individuals or young couples, looking to buy a first home; and the Equity Release which is for applicants who own their houses outright but use the home as collateral to borrow on a long term basis to expand their business, undertake home improvement and expansion and pay school fees. He further mentioned what he termed the House to Let, where applicants already own a home but wish to buy another property to rent out to tenants, and the last being the Refinancing (Switching), which serves applicants with an existing mortgage with another provider but who wish to switch to benefit from its competitive rates and quality customer service. However, Mr. Adu said the GHL might consider applicants who did not necessarily fall into any of the target market categories. He said many Ghanaians were not used to mortgage schemes and indicated that the GHL will soon embark on an awareness programme, starting with big institutions to explain to them how their staff could benefit from the scheme. Daily Graphic Cofie Heads Ghana Employers Association The Ghana Employers Association has elected Mr. Charles Cofie, Chief Executive Officer of Unilever Ghana Limited as the new President of the Association. Mr. Cofie comes to the association with a wealth of corporate managerial experience gained through working with multinational companies which saw him stationed at various times in the United States, Germany, United Kingdom, Nigeria and Malawi. He serves on various boards including the Benso Oil Palm Plantation, Barclays Bank Ghana Limited, where he is the chairman of the credit committee. He is the Chairman of the Interim Board of the Ghana Business Coalition Against HIV/AIDS, a council member of the Ghana Stock Exchange and the Chief Patron of the Prison Fellowship Ghana. Mr. Cofie also serves on the Advisory Council of Business Week International. 12 The Ghanaian WORKER No

13 Lessons from the 2nd International Conference on Organising the Informal Economy by Mrs. Angela Akorsu, Research Fellow, Centre for Development Studies, University of Cape Coast, Cape Coast The informal economy is gradually but surely becoming an important source of membership for trade unions in developing countries. In Ghana, the main trade union centre, the Ghana Trades Union Congress (TUC), adopted a policy in 1996 with the objective of organising informal economy workers as a means of replenishing its membership after it lost a significant proportion of its members in the public sector, as part of the economic reform programme which was implemented in the 1980s and 1990s. Since the adoption of the policy, the TUC has made some progress with regard to the organisation of informal economy workers. In 2005, for instance, the TUC admitted some informal economy associations into the trade union fraternity as associate members. They include the Makola Traders Association and Madina Shoe Sellers Association. In the near future, depending on the services the TUC is able to provide for the new informal economy members, we are likely to see more informal economy associations joining the Ghana TUC. There are many challenges associated with the organisation of informal economy workers. Despite these challenges, the Ghana TUC is not relenting in its efforts to organise and offer protection for workers in the sector. In fact, Ghana TUC is recognised as one of the few trade union centres that have made significant inroads in organising informal economy workers. In recognition of TUC s efforts toward the organisation of informal economy workers, the International Coordinating Committee (ICC) of the international coalition of civil society organisations including trade unions, NGOs and research organisation, chose Ghana as the venue for its second international conference on Organising the Informal Economy. The conference was held in Accra from 25 to 29 September, Sixtyfive official delegates from twentythree countries and fifty-five organisations in Asia, Latin America, Africa, Europe and North America attended the conference. The objectives of the conference were to create the platform to share experiences, develop strategies for organising workers in the informal economy, build a network of organizations that are organizing workers in the informal economy, and to secure representation of informal economy workers at international forums such as the International Labour Organisation (ILO) and World Trade Organisation (WTO). The theme of the conference was Organizing Workers in the Informal economy: Combining Our Efforts. The conference discussed many pertinent issues related to poor conditions of work in the informal economy. The conference noted that, despite their contribution to the economies of developing countries, informal economies are characterised by very low earnings, income insecurity, extreme poverty, long working hours, and poor health and safety conditions. In many countries, authorities do not recognise the existence of the informal economy although informal economy workers constitute over 80 percent of the total workforce in many developing countries. A common feature of the informal economy is that workers in the sector lack the social protection that dignifies life and labour. This can be partly attributed to the low degree of unionisation or organisation of workers in the sector. Unions around the world have now come to a realization that the only way to protect all workers is to organise workers in both the formal and informal sectors. In fact, in many developing countries that are implementing IMF/World Bank-sponsored economic reform programmes, the formal sector is dwindling at a very fast rate due partly to mass retrenchment in the public sector. The implication is that the informal economy is becoming the main source of union membership as the formal sector dwindles and the rate of informalisation of employment increases. Trade unions are, therefore, intensifying their efforts to organise workers in the informal economy into their fold. These efforts are a step in the right direction. But, for the achievement of any effective No The Ghanaian WORKER 13

14 organization and representation, there is the need for proper coordination among unions and other civil society organisations organising in the informal economy. That is why the objectives of the Accra Conference were very relevant and timely. The conference acknowledged the enormity of the task of organising informal economy workers. The factors identified as responsible for the difficulties include the lack of policy and legal frameworks for the informal economy, the lack of credit for those engaged in the sector, high rate of illiteracy among informal economy workers and the lack of official recognition. The conference identified the affiliation of informal economy associations to trade unions as the most effective way of gaining official recognition and collective voice. The conference delegates resolved to intensify their efforts in the organisation of informal economy workers in spite of the difficulties. To cope with the difficulties of organizing in the informal economy, organising strategies need to be innovative and adaptable. One such interesting and effective innovation in Ghana is the use of dance, drama and songs to attract and organize women who otherwise would not belong to any trade union or association. Also found to be effective is the strategy that establishes links between informal economy associations and organisations and associations dealing with welfare and health issues such as HIV/AIDS. Generally, there exists a good and mutually beneficial relationship between trade unions and informal economy associations. As the Secretary-General of Ghana Trades Union Congress, Kwasi Adu- Amankwah, rightly pointed out in his address at the Accra Conference, trade unions feel duty-bound to organise workers in the informal economy in order to provide them with voice and representation and thereby seek to improve their working conditions. Doing this indeed strengthens trade union intervention in national development. It came out strongly in the discussions at the conference that informal economy associations gain credibility and protection when they have some links with national trade union centres. For instance, there is some evidence that harassment from city authorities and government officials reduces considerably when informal economy associations establish links with trade unions. However, in countries where there are multiple trade union centres, informal economy workers may not benefit from their affiliation to unions. The reasons are that, first, trade unions in such countries tend to be weaker, compared to trade unions in countries with one strong national centre. Second, it becomes difficult for multiple union centres to influence government policy, and lastly, there could be competition among national trade union centres for informal economy affiliates. Besides the relationships and linkages that exist between and among informal economy associations and national trade union centres, other forms of networking and alliances have proven to be helpful. In particular, alliance with international solidarity organisations has helped some informal economy associations to organise and represent their members more effectively. A good example is the alliance with StreetNet International which has helped informal economy associations to gain access to funds to support organisational efforts. The most harmful form of alliance identified by the participants at the conference is that with political organizations. Such associations tend to breed suspicion and eventually political interference and hostility. In conclusion, it is worth emphasising that the Accra conference brought the informal economy into sharp focus. The theme of the conference - Combining Our Efforts underscored the need for a collective effort in the organisation of the informal economy workers at the domestic and international levels. The main areas for action in the informal economy are collective bargaining and representation, social protection, skills development, decent work, and legislation for the protection of informal economy workers. Collectively, these objectives can be achieved in spite of the numerous challenges. Despite their contribution to the economies of developing countries, informal economies are characterised by extreme poverty, long working hours and poor health and safety conditions. 14 The Ghanaian WORKER No

15 UNIONS FOR WOMEN, WOMEN FOR UNIONS Selina Dabuoh, CBMWU, Northern Region Athree-day non-residential workshop has been organized by the Ghana Trades Union Congress in collaboration with ICFTU/AFRO for informal economy workers at the Ghana Labour College. Dubbed Unions for Women, Women for unions the workshop was aimed at sensitising workers in the Informal Economy and the Export Processing Zones (EPZ), which workers are mostly women, on the hazards of their work and the need for them to be unionized. Giving an overview of the Union for Women, Women for Union campaign, a Gender Coordinator, Sister Elizabeth Ombija, from ICFTU/AFRO, Nairobi, Kenya said, the programme was launched in March She said the objective was to increase membership of women in trade unionism as well as remove barriers that prevent women from joining unions as well as educate them on their rights as women workers. According to Sister Ombija, the campaign target is women workers in the Informal Economy & EPZ, young A very satisfied participant at the three-day non-residential workshop organized by the Ghana Trades Union Congress in collaboration with ICFTU/AFRO for informal economy workers at the Ghana Labour College. and migrant women, women from ethnic minorities and public sector women, among others. Reacting to a question posed to him when he popped in briefly to interact with participants, the Secretary- General Brother Kwasi Adu-Amankwah explained that creating a separate union centre for the Informal Economy is feasible but must not be rushed since it is a new project the union has started and could have a lot of constitutional difficulties. He admonished participants to do a lot of learning because, as leaders, they need to be informed so as to be always ahead of their colleagues. Brother Adu-Amankwah said unions did not bother about the Informal Economy in the past but it is about time we paid a lot of attention to the sector because the informal economy employs about 80% of the total workforce in the country. Participants developed campaign materials on the difficulties and challenges facing workers in the EPZ and the Informal Economy and this will be launched very soon. Closing the workshop, the 2 nd Vice National Chairperson Sister Alberta Anita Adjei said, the relationship of the Informal and the EPZs looks bright hence participants should share issues of the workshop with others on their return. She said the workshop had helped participants to appreciate stress that market women go through so that we can interact better with them in the market. Topics handled included Conflict Resolution, GTUC & its Constitution, OHS & AIDS, Labour Laws in Ghana & ILO Conventions, Legislation Governing Workers in the EPZ, Gender & Trade Unions & GTUC & the Informal Economy. No The Ghanaian WORKER 15

16 COLLEGE TURNS OUT GRADUATES Continued from Front Page Studies of the University of Cape Coast and the Ghana TUC and was aimed at contributing to the development and implementation of relevant policies that secured social protection for workers. Brother Adu- Amankwah said, the collaboration had produced important results for the provision of education to trade union leaders and asked for its sustenance due to its contribution to workers struggle for better conditions of service. He urged the participants to utilise the relevant skills and knowledge they had acquired to promote the ideals and values of trade unionism and sound labour relations. The Secretary-General called on Ghanaians to encourage values that will promote human dignity in the country. The Principal of the Ghana Labour College, Sister Josephine Ashong Sabaa, in an address said, the programme, since its inception in 2001, has turned out 96 union activists and industrial relations practitioners, out of which 68 were males and 28 females. She noted that the 2006 CLS progrmme which run for two semesters of ten weeks each, with 18 students of nine males and females, exposed the students to macroeconomic issues, financial statement analysis, contemporary industrial relations issues, occupational safety and health, among others things. Sister Sabaa advised the graduands to use the knowledge and skills acquired to better the lives of many workers through effective representation and exchange of ideas to promote democratic and balanced industrial relations at the workplace. On her part, Sister Comfort Juayibin, the course prefect, stated that the course has built the capacity of the students in the areas of union leadership theory and practice, national and international labour legislation, negotiation skills and knowledge on local and global socio-economic issues such as gender, law, occupational safety, health and environment. She called on the leadership of the Ghana TUC to provide a stand-by generator, a library, a proper entry security post and a common room for visiting lecturers from the University of Cape Coast. In a speech read on his behalf, the vice Chancellor of the UCC, Rev. Prof. E. Addo-Obeng, stated that workers and their representatives must identify the various challenges posed as a result of the changing environment if they were to advance theirs goals, social principles and standards. He said the formation of the CLS programme was to help build capacity at the local level and also target locally elected union officers and human resource practitioners Rev. Prof. Addo-Obeng said, the university was currently, through the CDS, reviewing the curricula to reflect demands of industry for the sector to benefit from the programme. He urged employers to show interest and explore the possibility of supporting their workers to participate in the programme. The Ghana Trades Union Congress and the University of Cape Coast also run a Diploma in Labour Studies as well as a Post-Graduate Diploma in Labour Policy on the campus of the UCC. In situations of marital conflict or divorce, the insecurity of a wife s interest in land belonging to her husband becomes quite clear. When such women return to their family compounds, they lose out on land they farmed and developed during the marriage. This is because customary law does not recognise marital property or non-monetary contributions to the acquisition of property during marriage. Even though widows might benefit from their children s inheritance, the fact that they cannot inherit property from their husbands increases their social vulnerability and poverty. - THE WOMEN S MANIFESTO 16 The Ghanaian WORKER No

17 Unions Rubbish Fair Wages Commission No By Student Intern Days after the government read its 2007 budget and hinted on the introduction of a new comprehensive wage and salary structure to help solve the problems that has currently bedeviled civil sector salaries and culminated in protracted demonstrations by workers, some unions and other relevant institutions have condemned the initiative and asked government to come clean on the issue While the CSA believes that government has simply changed the name of the already existing Ghana Universal Salary Structure (GUSS) which is not different from its essence, GNAT has expressed worry over the impression created by government that the Fair Wages Commission will take over all collective negotiations on behalf of the government. But the General Secretary of the Teachers and Educational Workers Union, Brother Ayim Antwi sees the Fair Wages Commission as an attempt by government to replace the erstwhile Central Management Board (CMB). To all intents and purposes, the CMB was good but did not survive because it had no legal backing and also suffered from quality staffing, he added. Brother Ayim Antwi said he expects that the Fair Wages Commission will be charged with the responsibility of granting mandates to the various managements of Ministries, Departments and Agencies (MDA s) who should, in turn, negotiate with their respective unions both classified or non-classified. Speaking in an exclusive interview, Brother Smart Chigabatia, Executive Secretary of the CSA said, To me, there is nothing new that the new structure will do that GUSS didn t do. I think they have only given it a new name. He argued that GUSS could have been updated and appropriately restructured with levels simply added to the last level (level 22) and it would accomplish the same thing that is expected of the Fair Wages Commission. I do not think Dr. Nduom considered the implications of the new structure on civil servants. The amount of money used to develop GUSS should not go waste with the coming of the new structure, he continued. The Executive Secretary blamed previous and current governments for not giving the Central Management Board, the Secretariat and Appellate Body prescribed by the GUSS the required legal empowerment to make the GUSS work successfully as the Price Water House Report stipulated. He equated the work to be done by the Fair Wages Commission to what the CMB Secretariat and Appellate Body should have done and cautioned that the amount of money spent on developing GUSS must not be allowed to go waste. You destroyed it (GUSS) because you removed some workers out of it and moved some workers from one level to another, he added. The Ghanaian WORKER He suggested that membership of the Fair Wages Commission should be based on competence since their work will be very technical. GNAT on the other hand has stressed that it was not kicking against the Fair Wages Commission but sincerely believe that the commission should just be government s advisory board on collective bargaining but not to take over salary negotiations. GNAT expressed fear that GES was refusing to negotiate because of the erroneous impression that the Fair Wages Commission is to take over bargaining negotiations in the public and civil service. They called on the National Labour Commission to compel the Ghana Education Service (GES) to return to finalise negotiations on the 2007 salary proposals submitted by teachers. The proposal for the setting up of the Fair Wages Commission was dealt yet another deadly blow when the Institute of Human Resource Management Practitioners kicked against it at a press conference in Accra. The Institute asked government not to approach Parliament with yet another commission whose functions will duplicate some of the functions of the Public Services Commission (PSC). The President of the Institute, Mr. Kwadwo Asare- Bediako said, instead of a commission, a technical committee should be constituted to serve as a technical advisory body and work with the PSC to deal with the immediate challenges of salary and wage administration. That committee should ultimately be absorbed by a better resourced PSC, he added. In spite of all the attacks against the establishment of the Fair Wages Commission, the Minister of Public Sector Reforms, Dr. Paa Kwasi Nduom has defended the setting up of the Commission by stating that the decision to set up the commission was in the best interest of the nation. Reacting specifically to complaints raised by the Institute of Human Resource Management Practitioners, Dr. Nduom said by way of preparatory work, Cabinet considered the specific functions of all administrative and legal institutions which had a role to play in public sector human resource and salary administration. Cabinet is considering all that, cognisant of the fact that there are currently existing institutions carrying out some of what we are proposing to give to the Fair Wages Commission, he said. Dr. Nduom said the commission is to advice on wages and salaries, which was different from the main functions of the Fair Wages Commission, which were negotiating on behalf of the government, reviewing the grievances of unions and conducting regular job evaluation, functions which the PSC was not mandated to carry out. 17

18 GPRTU Sanctions Drivers The Ghana Private Road transport Union (GPRTU) has said it will henceforth sanction any driver who will flout road traffic regulations during and after the Christmas festivities. The sanction, it said, included suspension, deprivation of loading rights and outright dismissal, depending on the gravity of the offence. Consequently, it has charged members of the traveling public to report recalcitrant drivers for the necessary action to be taken. The General Secretary of the GPRTU, Brother Stephen Okudjeto, who made the call in an interview with the Daily Graphic said, the move was to ensure sanity on the road. He appealed to all stations executives to step up the monitoring of drivers to ensure they (drivers) abided by rules and regulations the union had spelt out. It is our duty as drivers to convey Ghanaians from one part of the country to the other safely. Any driver that is tired should not embark on a journey, but take a rest and continue later, he said. Brother Okudjeto said there was the need for drivers to take a critical look at the conditions of their vehicles before moving them, since that would ensure safety on our roads. The drivers, he said must avoid overloading and reckless overtaking as well as ensure that the breaks, tyres and lights of vehicles they drive are also in good condition. He urged drivers to be law-abiding by ensuring that the documents on their vehicles and licenses were updated or renewed. Brother Okudjeto underscored the need for passengers to board vehicles from the stations and not by the road side, since they could fall prey to thieves or inexperienced drivers. He called on the authorities concerned to take a second look at the citing of drinking spots at the lorry parks, since they could be a source of temptation to drivers. The move, he said, was to avoid the situation of drivers drinking before embarking on their journeys. Brother Okudjeto noted that the GPRTU, for its part, had taken the necessary steps to prevent road traffic accidents during the Yuletide and after, and urged the passengers to play their part in ensuring that the yuletide was accident-free. Daily Graphic Railways Workers Flex Muscles Over six hundred retrenched workers of the Ghana Railways Company (GRC) in Takoradi have stormed the company s premises when they felt the management of the company wanted to pull a fast one on them. They were there to collect the rest of their entitlements, only to be told by management that a definite time could not be fixed for the payment of the entitlement. The retrenched workers who were visibly angry and castigated management for its inaction, resolved to go to the workplace always, to make their presence felt through noise-making until their full entitlements were paid. They have given management up to December 15, 2006 to address their grievances lest they will advise themselves on their next line of action Briefing Daily Guide on what prompted the return of the ex-workers, Mr. Vincent Ankomah, Chairman and Spokesperson of the newly formed Affected Early Retired Staff Association of GRC, noted that the management of GRC had not been faithful in dealing with the entitlements meant for the workers. He explained that the management and the local union had signed a memorandum of understanding (MOU) in September 2006, to the effect that workers, who where between the ages of 56 and 60, had to go on early retirement with effect from October 1, 2006 and be paid their entitlements the same day. Mr. Ankamah said GRC did not honour its promise since no monies were deposited in the bank accounts of the retrenched workers on the agreed date of October 1, 2006, which got them highly disappointed. He hinted that it took the intervention of the Deputy Western Regional Minister, Hon Kwesi Blay, to get half of the retrenched workers entitlements paid on November 16, Mr. Ankomah, said management of GRC promised to pay the other half by December 4, 2006, but failed to do so. Other workers who spoke to the Daily Guide expressed disappointment with management of GRC for giving them what they said was a raw deal. This anomaly, they said, made them incapable of paying their children s school fees and other utility bills. Mr. Samuel Mensah, Acting Deputy Personnel and Administrative Manager, was tight-lipped on the issues raised by the ex-workers when this reporter contacted him for his side comments on the action of the retrenched workers. Daily Guide 18 The Ghanaian WORKER No

19 Women Negotiators Workshop The Public Services International with its Ghana Affiliates (Public Services Workers Union (PSWU), Public Utility Workers Union (PUWU), Teachers and Educational Workers Union (TEWU), Local Government Workers Union (LGWU), Health Services Workers Union (HSWU) and Construction and Building Materials Workers Union (CBMWU) held educational programmes for Women Negotiators in the Southern Sector (Greater Accra, Volta, Eastern, Central and Western Regions) and the Northern Sector (Ashanti, Brong Ahafo, Northern, Upper East and Upper West Regions). Southern Sector Women Negotiators at the Workshop for the Southern Sector held at Tema from the 22nd - 24th May, Northern Sector Women Negotiators at the Workshop for the Northern Sector held at Kumasi from the 29th - 31st May, 2006 No The Ghanaian WORKER 19

20 We must fight tribalism - Christian Council The Christian Council of Ghana has called on Ghanaians to wage war against tribalism and ethnocentrism. While calling on religious leaders to preach against the canker in their churches, mosques and other gatherings, it urged government functionaries to also speak against it and promote national unity on any platform they mounted. The Chairman of the council, Rt. Rev. Dr. Paul Kofi Fynn, who made the call at a news conference yesterday, further enjoined traditional rulers to join the war, while educational institutions inculcated a high sense on nationalism and unity in their students. We need to recognize that we are all one people, one nation, with a common destiny. We must reflect on the historical antecedents which brought us together as one people and one nation and endeavour at all times to protect that interest, he stressed. Dr. Fynn appealed to the media to be circumspect in handling contentious issues of tribalistic and ethnocentric nature, since the media wielded enormous power and influence on the national psyche. They must therefore refrain from giving vent to such negative sentiments. Instead of stoking the fire, the media, especially the electronic media, must engage in positive issues which will heal the wounds of the nation and unite us as one people, he said. He advised radio presenters not to use their radio stations as a platform for serial callers to launch attacks on their fellow Ghanaians on the basis of their tribes. Dr. Fynn said, as the country prepares to celebrate its 50th anniversary of independence, we must foster unity and banish anything that may undermine the collective interest of the nation. He said, the council had observed some negative development in the country which had the tendency to undermine the unity, peace and the very existence of the country. Those developments, he noted, stemmed from the growing seed of discord sowed among the people along the lines of tribalism and ethnocentrism which had resulted in mounting tension. Dr. Fynn said the canker of tribalism and ethnocentrism had been allowed to infest the country s political, social, cultural and educational systems. If we die, God is not going to say, Fantis come first, Gas come second, Ewes come third and Ashantis come last. Everyone will be judged based on his/her own faith and not on tribalism and ethnocentrism, he said. He said what was worrisome was that the tendency had permeated the educational system with instances where some teachers and lectures allegedly gave undeserved favours to some students simply because they belong to the same tribe or ethnic group. On the other hand, some students are denied various opportunities, sometimes what they even deserve on merit, just because they do not belong to the same tribe or ethnic group as their teachers and lecturers, he noted. Dr Fynn recalled a concern expressed by the Vice Chancellor of the University of Cape Coast, Rev. Prof. Emmanuel Addo-Obeng, about the emergence of tribal and ethnic associations on our university campuses which were allegedly being used to propagate an agenda of tribal superiority complex. According to him, that was not the way young intellectuals who had the mandate for the future governance of the country should behave. Indeed, their behaviour signals a rather turbulent future for the country and everything ought to be done to address the issue, he noted. Dr. Fynn noted that there had been instances all over the world, particularly in Africa, where tribalism and ethnocentrism had plunged nations into wars and other chaotic situations. The horrendous experiences of Rwanda, Sierra Leone and Liberia all had their roots in tribalism and ethnocentrism and should serve as a lesson to all Ghanaians, he said, stressing that We should not in any way be persuaded to destroy our own country. Daily Graphic The cancers of tribalism, nepotism, corruption and visionless leadership are the worst maladies... today. Whether we are talking about the slow pace of constitutional, political, social or economic reforms, it is these four unique illnesses that have wasted our energies, resources and time - Miguna Miguna, Kenya Times 20 The Ghanaian WORKER No

21 Ghana Business Code Launched Atestament for doing business ethically and correctly, Ghana Business Code, has been launched in Accra. The first ever code is a series of prescriptions based on the universal principles referred to in the United States Global Compact s ten principles. The Ghana Business Code is similar to a ten-point document which addresses issues relating to human rights, labour standards, the environment, anticorruption, and ethical business practices in order to ensure fair treatment of all stakeholders. The code is introduced in the country against the background of trade liberalization, globalization, and the challenges and opportunities associated with them. The 16-page code is the brainchild of the Ghana Association of Industries, Ghana Chamber of Commerce, and Ghana Employers Associations, with support from Improving Business Practice, a subcomponent of Danish International Development Agency s Business Sector Programme Support. Compliance with code of conduct is increasingly becoming a requirement in supply chain management, business matchmaking, business mentoring schemes financing, national and international procurement, states the code. The code, which will apply to all segments of Ghana s business community, is designed to present best practices by adding requirements beyond core labour rights and does not substitute sound laws protecting the interests of employees, customers and other stakeholders. It is expected to give guidance internally in compound and it may also serve to describe to the outside world how a business as an entity behaves. The code may add value to business in terms of branding opportunity to attract foreign business operations and investment into the country; its potential to replace costly individual supply chain management; increasing enterprises ability to attract and retain the highest qualified personnel; and increasing employee motivation and loyalty, and thereby productivity. The first principle of Ghana Business Code is that businesses should support, respect and protect internally proclaimed human rights within their sphere of influence, while the second one states that businesses should make sure that they are not complicit in human rights abuses. The third principle states that businesses should uphold the freedom of association and the effective recognition of rights to collective bargaining. The fourth principle of the code demands that No The Ghanaian WORKER businesses should uphold the elimination of all forms of forced or compulsory labour whereas the fifth asks businesses to uphold the effective abolition of child labour. The sixth one calls on businesses to eliminate discrimination in respect of employment and occupation while the seventh enjoins businesses to support a precautionary approach to environmental challenges. The code s eighth principle says businesses should undertake initiatives to promote greater environmental responsibility. Whilst the ninth principle obliges businesses to encourage the development and diffusion of environmentally friendly technologies, the tenth requires that businesses work against all forms of corruption, including extortion and bribery. Launching the code in a speech read on his behalf by Kwamena Bartels, Minister for Information and National Orientation, Vice President Aliu Mahama observed that the introduction of the code of conduct was a commitment of the business community to deal fairly and equitably with all business stakeholders. Alhaji Mahama said though the local business sector was growing in leaps and bounds, some of their practices were not up to international standards despite various attempts to liberate them from these unacceptable practices. The perception of most people going into business in Ghana is to make money by all means possible. Little or no regard is paid to ethical standards or social responsibility. Day in day out newspapers give accounts of how some unscrupulous business people dupe particularly their foreign counterparts of colossal sums of hard currency. Vice President Aliu Mahama 21

22 Tit-bits on Collective Bargaining 1. Selecting the negotiating team Choose the chief negotiator. Usually the G. S or D.G.S or IRO who is trained to play this role Share the tasks which normally includes information gathering, analysis, sniffing around or examining the environment. Make sure you include women on you negotiating team. They can play a very useful role both in seeking relevant information for the negotiation and in the negotiation process itself. The research department of the union can liaise with the Policy & Research Department of the TUC for support whenever that becomes necessary. 2. Developing the proposal Develop the proposal based on the information gathered. Macro-factors such as inflation, prices of relevant raw materials, exchange rates, unemployment levels in the area and nationally, economic, sectoral growth forecasts, productivity, efficiency, profitability, ability-to-pay etc must be taken into account. The Union may develop a format for proposals. Get a template proposal and change it over time to suit the changing situation. The template will guide you to gather the relevant information. Discuss the main issues with rank and file members at the local/ or representatives / shop stewards but be careful not to raise expectations. Be frank with the membership and leave the final deal open-ended. In addition to the general training in collective bargaining, it is important that individuals are trained to specialize in specific areas covered by the CBA (e.g., Wages, benefits, gender issues, working conditions, health and safety, etc). Develop the proposal based on the information gathered. Remember: jack of all trades is a master of none. 3. Some practical issues at the negotiating table Protocols and culture are important. Create a favorable environment by observing the protocols such as prayer, etc and make sure you appear in formal attire. Respect the chairman who is usually a representative of the employer. But you can rotate the chairmanship between union and employers This is done in the rules/constitution guiding the standing joint negotiating committee). All other persons on the union s side should pass their comments to the chief negotiator. They should not interfere when the chief negotiator has not given them the chance to speak. The chief negotiator should allow the team member who is well informed on a particular subject to speak on behalf of the team on that subject. He should be formally introduced by the chief negotiator. Speak with confidence. If you are not well or not in a good mood on a particular day and you cannot speak with confidence drop out of the team and get a replacement or remain at the back bench. Agree on the issue to discuss first and don t waist time if there s no agreement. It is usually better to deal with wage issues last. Do not spend long hours for the negotiation on each day. Four hours with a break or half-aday is okay.

23 Pretend that you are not in hurry to finish the negotiation. You need to prepare your members for a long haul prior to the commencement of the negotiation. Do not hesitate to caucus if you need to. Do not hesitate to adjourn the meeting if you need to. Don t use the threat of strike at the negotiation table. It is an open-secret weapon. Strikes Use the threat to strike only when necessary and use strikes when necessary Preparing/mobilizing action, timing of the strikes, duration, notices, calculating the cost of strikes to the union and to the employer. Strikes can be costly to both sides. Always make sure you plan strikes well. It can be difficult to manage. Avoid strikes, especially wild cat strikes as much as you can but don t hesitate to go on strike if the need for it is clear. You may develop a strike policy to avoid wild cat strikes or unofficial strikes such as strikes undermine the authority of the union leadership). Keep in mind that negotiation is a serious business. No jokes. But relax. 4. Wage negotiations Macro-factors: Using the Consumer Price Index The CPI is used as a measure of changes in the cost of living (inflation) Different types of inflation (Year-on-Year inflation or point-to-point and average or yearly inflation) Know the component of the CPI and their respective weights and use the various components in your arguments if necessary. Use the relevant CPI (rural, urban, food, etc) Negotiate for automatic indexation of wages and benefits to the changes in the CPI (you may achieve full or partial indexation) Using the CPI practically Micro-factors: Using productivity Ability to pay is difficult to measure and use because of lack of complete information There are different ways of measuring productivity but the level and changes in net profit per employee may be the relevant indicator since it takes care of all costs including depreciation. Negotiating benefits As much as possible de-link benefits from wages by, for instance, avoiding negotiating benefits as a percentage of wages. Employers will always keep wages low to reduce the nonwage cost. Ensure that your benefits especially those held in trust such as provident fund, is well managed if possible by professional fund managers. Pay equal attention to benefits that are extremely important for members who are leaving the employment and the union. Notes Bargain strategically (i.e., think about the benefits that can accrue in future.) And don t forget about feedback to the rank and file members after the negotiation Rallies Educational programmes (seminars, workshops, etc) Use labour consultants if necessary but as much as possible train and retrain your own staff to handle negotiations. One of the union representatives at the negotiation should take detailed minutes of the proceedings. This can serve as a guide for future negotiations. This person should be a secretary.

24 The Ghanaian WORKER A NEW INTERNATIONAL TRADE UNION HAS BEEN BORN Kwaku Darko Aferi Over 1, 700 trade unionists worldwide have created a new world trade union body, the International Trade Union Confederation (ITUC). The new union came into being by a vote of its democratically elected workers representatives in Vienna, Austria. A statement issued after the election said the new organization brings together 306 affiiated national centres from 154 countries and territories and has 168 million members. Eight new organizations joined the former affiliates of the International Confederation of Free Trade Unions and the World Confederation of Labour. The new affiliates are CUT Colombia; UWTA-CS Angola; CTAA Argentina; FISEMA Madagascar; CGT France; OPZZ Poland; TUC-N Nigeria and GEFONT Nepal. Following the ratification of a list of affiliates and the election of the congress officers, the delegates adopted the Constitution and Standing Orders of the new organization, thus formally creating the ITUC. The constitution spells out the aims of the new organization, including the commitment to provide all workers, everywhere, with access to decent work and freedom from war, poverty, injustice and discrimination. In an address, the former General Secretary of the World Council of Labour, Brother Willy Thys said, Taking our proud history of solidarity as a cornerstone, today we begin creating a new internationalism, one determined to make a real difference in people s lives. But of course it is only through united, consistent and concerted action that we will succeed and the ITUC provides us with the right tools to face this challenge, former General Secretary of the WCL commented. The ITUC represents 168 million workers through its 306 affiliated organizations within 154 countries and territories. On the third and final day of the founding conference, Brother Guy Ryder, General Secretary of the International Confederation of Free Trade Union, was elected General Secretary of the ITUC. Congress also elected a 70 person Governing Council, with an additional 8 seats being reserved for youth and women s representatives. Commenting on his election, Brother Guy Ryder said, I am honoured by the confidence placed in me by the delegates of the Congress in entrusting me with this position. Tomorrow we start the work of the new international with a renewed optimism and hope, knowing that we are stronger, not just in numbers but in the diversity that we bring together. In founding the ITUC we have recognized that if we are to fulfill the promise of improving people s lives, we have no choice but to change. The word solidarity has never had as much meaning and importance as now. And practical solidarity, in the form of international campaigning and organizing is what we intend to deliver. he continued. The General Secretary elect said, The challenges are many but we will not shirk from them. We will tackle those employers who exploit workers, those governments who deny their people the right to organize and we will take action to bring about a world in which decent work is not just a distant dream, but the reality of people s lives. Brother Guy Ryder, who was born on 3 January, 1956 comes to this job with a rich academic and working experience. He holds an M.A. in Social and Political Sciences, from the University of Cambridge. He worked in the International Department of the Trade Union Congress, UK from In 1985 he became Secretary of the Industry Trade Section of the International Federation of Commercial, Clerical, Professional and Technical Employees, Geneva and served in that capacity until From he became Assistant Director and subsequently the Director of ICFTU s office in Geneva. From he was appointed Director, Bureau for Workers Activities at the International Labour Office (ILO) in Geneva and after just one year in that capacity moved on as Director, Office of the Director- General - International Labour Office (ILO), Geneva from In February 2002 he became General Secretary of the ICFTU and occupied that enviable position until 31 st October 2006 when the ITUC was born and he was elected its first General Secretary. Published by the Ghana Trades Union Congress (TUC), P.O. Box GP 701, Accra, Ghana. Editor Kwaku Darko Aferi Designed by Public Affairs Department of Ghana TUC Tel / / Fax tuc@ighmail.com Registered at the GPO as a newspaper