Industrial Relations in Africa

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Industrial Relations in Africa Edited by Geoffrey Wood Professor, School of Management, University of Sheffield, UK and Chris Brewster Professor, Henley Management College, UK macmillan

Contents List of Tables List of Figures List of Contributors xi xii xiii 1 Introduction: Comprehending Industrial Relations in Africa 1 Chris Brewster and Geoffrey Wood Comprehending industrial relations, and industrial relations in Africa 1 The context - structural adjustment in Africa: deindustrialisation, informalisation and organised labour 2 The actors 4 Employers and employment in the informal sector 7 Individual national experiences and common trends - 8 Conclusion 12 Part I Country Studies from East and Central Africa 15 2 The Dynamics of Industrial Relations in Eritrea: 1991-2006 17 Fitsum Ghebregiorgis and Luchien Karsten Introduction - the Eritrean Context 17 The historical development of trade unions in Eritrea 18 The parties 20 Employment relations 22 Industrial disputes 23 Civil society and citizenship behaviour 24 Conclusion 24 3 The Development of Industrial Relations in Kenya 28 George Hagglund Introduction 28 The colonial era 28 The rise of Kenya's industrial relations system 31 Conclusion 37

vi Contents 4 Industrial Relations and the Social Partners in Kenya 39 Tayo Fashoyin Introduction 39 The economy and labour market challenges 39 The legal framework for industrial relations 41 Trade unions and employers' associations 43 Collective bargaining, dispute resolution and the Labour Court 46 Tripartism, social dialogue and development 49 Conclusion 50 5 Industrial Relations in Malawi 53 Lewis Dzimbiri Introduction 53 The country and context 53 Origins and present state of trade union movement: an overview 55 Independence and trade union movement 55 Industrial relations legislation 56 New labour policy 57 The Labour Relations Act 1996 " 57 Employment Act 2000 58 Present industrial relations practices 58 Conclusion 63 6 Contemporary Issues in Industrial Relations: Uganda. 66 Joy T. Kirenga Introduction 66 Uganda's historical context 66 Overview of the economy 66 Employment and employment trends 68 Legal-framework 71 Employers and their organisations 71 Employees and their organisations 72 Current challenges in industrial relations in Uganda 72 The way forward 73 Part II Country Studies from Southern Africa 75 7 Industrial Relations in Conditions of Economic Stress: The Zimbabwe Case 77 Lloyd Sachikonye Introduction 77

Contents vii The economy: stupid! 78 Employment and the labour market 80 Industrial relations: legal framework, stresses and strains 81 An elusive social contract 83 Conclusion 85 8 Trade Unions and Neo-Liberal Reforms in Mozambique: The 'Hollowing Out of Industrial Relations'? 87 Edward Webster and Geoffrey Wood Introduction 87 Unions and democracy: issues and challenges 87 The Mozambican political context 88 The economic context 89 Mozambican unions 90 Mozambican unions in practice 91 General issues 94 Conclusion 95 9 Labour Regulation in Namibia: From 'Colonial Despotism'to'Flexible Taylorism' ' 98 Gilton Klerck Introduction 98 Namibia under South African rule: migrants, masters and the gendarmerie state 100 Labour regulation in the first decade of independence: 'flexibility', globalisation and neo-colonialism 104 Conclusion 107 10 Industrial Relations and Employment Insecurity in South Africa: The Possibilities of Social Justice Unionism 111 Pauline Dibben Introduction 111 The changing South African labour market, and the union response 112 The role of COSATU and employment legislation in South Africa 113 Defining 'Social Justice Unionism': a distinct concept 116 COSATU: a 'Social Justice Union 1? 116 'Social Justice Union' in South Africa: a descriptive or normative analysis? 120 Conclusions: moving toward 'Social Justice Unionism' in South Africa 121

viii Contents 11 The Emerging and Changing Industrial Relations Landscape in Botswana 125 Thabo Lucas Seleke Introduction 125 Origins of trade unions in Botswana 125 Botswana's political economy 126 The Botswanan labour movement 127 Labour laws and the changing industrial relations landscape in Botswana 128 The 2004 Trade Dispute Act 130 Trade Union and Employers' Organisation Act 130 Challenges facing unions in Botswana 131 Conclusion 132 Part HI Country Studies from West and North Africa 135 12 Industrial Relations in an Emerging Morocco 137 Mohamed Essaaidi Introduction 137 The legal context " 138 Labour rights and their application 140 Conclusions 145 13 The Development of Industrial Relations in Nigeria: 1900-2006 147 Sola Fajana Introduction 147 Origin and development of trade unions 148 Evolution of industrial unionism in Nigeria 150 The trade unions: further reforms 151 Developments within labour centres 153 Union-state relations 155 Petroleum pricing and further reforms of trade unions 156 Industrial conflict 158 Future prospects and concluding remarks 160 14 Contemporary Industrial Relations in Nigeria 162 Dafe Otobo Introduction - the Nigerian context 162 The industrial relations system 164 Collective bargaining and wage bargaining in the public sector 166

Contents ix Emerging issues in the public sector 169 Collective bargaining and wage bargaining in the private sector 171 Emerging issues in the private sector 173 Institutionalised conflict regulation: disputes, strikes and lockouts 174 Explanations of disputes and strikes 176 Institutionalised disputes settlement mechanisms 177 Concluding remarks: the state, globalisation and industrial relations 178 15 Industrial Relations in Ghana 182 Garth Frazer Introduction 182 A brief history of industrial relations in Ghana 182 The mechanics of industrial relations in Ghana 186 Unions and unionisation in Ghana 191 Trends in industrial relations in Ghana 193 Conclusions 195 16 Industrial Relations in Francophone Africa - the Case of Niger 198 Richard Croucher Introduction 198 History: dependence and independence 199 The economy: from national construction to impoverishment and dependence 201 SAPs: consequences for unions 202 Union responses, national and international 203 Conclusion 204 Part IV Trans-Continental Trends and Issues 207 17 Organising the Informal Economy: Results and Prospectsthe Case of Ghana in Comparative Perspective 209 Richard Croucher Introduction 209 Defining the informal economy 210 The informal economy: in need of extension or regulation? 210 Unions and the informal economy 211 Difficulties of unionising the informal economy 212 'Informal sector' organisation in Ghana 213 Conclusion 215

x Contents 18 Cross-Continental Trends and Issues in Employment Relations in Africa 219 Frank Horwitz Introduction 219 The role of government 221 Structural adjustment programmes 222 African organisations and trade union density 222 The State, collective bargaining and dispute resolution 224 Public sector industrial relations 225 Contemporary employment relations and labour markets 226 Analysis and conclusion 230 Index 235