Sarova Stanley Hotel International Labour Organization Norwegian Confederation of Unions for Professionals Norwegian Police Federation Safety and Security Sectoral Bargaining Council-South Africa Central Organisation of Trade Unions- Kenya Background information Agenda Page 1
Background For many years, the police and prisons services were usually excluded from general labour legislation in many countries. Police and Prisons Acts were enacted covering issues such as appointment and service conditions, but there was no involvement of the officers themselves. Even as other civil servants gained their organizational rights, the police and prisons did not, arguably due to the nature of their responsibility for the internal security of the country. However, it is now observed that many countries have recognized the right of uniformed men and women to organize, including the right to form or join trade unions. An indicative list of these countries include Australia, Austria, Belgium, Cote d Ivoire, Denmark, Finland, France, Germany, Iceland, Ireland, Lesotho, Luxembourg, Malawi, Netherlands, New Zealand, Niger, Norway, Portugal, Senegal, South Africa, Spain, Swaziland, Sweden, Tunisia, UK, and USA. Moreover, in the modern governance climate, societies around the global are re-valuing the services provided by the emergence services, particularly in the context of challenges brought about by terrorism and globalization of criminal activities. It is now common to hear debates around the proposition that better policing by such forces is contingent on them having rights themselves. Many communities now argue that good governance implies treating those who enforce law and order with respect for their basic rights. With the exception of Kenya and Uganda, the laws in the other East African countries prohibit uniformed officers from establishing trade unions or other representative bodies for the protection of the staff interests. In Burundi, Rwanda, and Tanzania the state police are in fact excluded from existing labour law legislation and as a result they do not have the same rights and freedoms as other workers in the public service. The labour laws and the Constitutions in Kenya and Uganda allow the police force and prisons to join or form trade unions but so far the police and prison staff are yet to be organized. Nonetheless, governments throughout the East African sub region acknowledge being moving towards greater democratization. This move includes a concern with the participation of all citizens in matters that affect their daily lives, consultation with the communities, establishing Page 2
processes and structures of accountability, and working towards greater service delivery. The police, as the most public face of the state, have to be seen to reflect this new democratic philosophy. Objectives T he Bureau for Workers Activities of the International Labour Organization (ILO/ACTRAV) in collaboration with the Unio (The Norwegian Confederation of Unions for Professionals), the Norwegian Police Federation, and the Safety and Security Sectoral Bargaining Council of South Africa are collaborating with the Central Organisation of Trade Unions (Kenya) in organizing a three-day regional symposium to be held in Nairobi, between 3 and 5 September 2012. Unio is Norway's second largest confederation of professional unions for employees, with 300,000 members. The Norwegian Police Federation (Politiets Fellesforbund) is affiliated to Unio. It is one of the oldest police unions in the world (founded on 16 May 1905) and the largest trade union for employees within the Norwegian police force, organizing over 13,600 state employees. The Safety and Security Sectoral Bargaining Council was established in 1999 to enhance labour peace and provide a forum for collective bargaining in the safety and security sector in South Africa. The parties to the Council include the South African Police Services (SAPS), South African Policing Union (SAPU), and the Police and Prisons Civil Rights Union (POPCRU). The symposium brings together trade union leaders, senior police and prisons officers from East Africa and tripartite delegations from Norway and South Africa. The symposium is being held against the backdrop of successful seminars on Improving Police Labour- Management Relations held in Dar es Salaam in September 2005 and in Naivasha in August 2007. It is also a follow up of the extensive study visits undertaken by a tripartite delegation from Kenya to South Africa in April 2008 and in Norway in August 2010. The main objective of the symposium is to offer a forum for sharing information and experiences on police labour- management relations in Norway and Africa. Page 3
Format and expectations T hrough country presentations, exchange of information between Africa and Norway, and highly interaction sessions, the symposium will explore the existing relationships between trade union federations and the police management. The interactive nature of the symposium will be aimed at creating awareness amongst the participants that the internal democratization of police organizations is not only beneficial to police officers, but also to the larger society. Police officers who feel valued and respected are more likely to have reputable relations with their communities. Through the deliberations, the symposium will urge governments to further examine the possibility of allowing the establishment of police trade unions in the East African region. The presentation of case studies of Norway and South Africa will show that the creation of police trade unions does indeed provide police officers with the right to participate in social dialogue. The primary purpose of organizing police officers in a trade union format is to enhance police-management relations and conclude collective agreements. Better relations between police officers and their manager will stop police officers resigning from their positions to join private companies or go abroad in search of jobs, and to create situation in which professional and experienced police officers return to the service. Participants of this symposium will certainly be optimistic that through sensitization and awareness campaigns their governments will realize the importance of establishing police trade unions in the region. The participants will learn from their peers in South Africa and Norway that have allowed the formation of police trade unions and that this move has contributed enormously in enhancing management-trade union relations in the polices services in the respective countries. Page 4
Agenda Time Monday Tuesday Wednesday 3 September 2012 4 September 2012 5 September 9:00 10:45 Opening and icebreaking ILO, Unio, Commissioner of Police (Kenya), COTU (K) Minister of Public Services (Kenya) Roundtable discussion 1 Labour management relation in South Africa police and prisons services (Director Magwentshu SAPS; Mr Mabhida, POPCRU; SAPU; and Ms Mosoane, SSSBC) Roundtable discussion 3 Capacity building for unionisation and collective bargaining in police and prisons services in East Africa 11:15 13:00 Presentation 1 ILO approach to social dialogue for harmonious labour-management relations in the police services Dr Mohammed Mwamadzingo (ILO Geneva) Break Roundtable discussion 2 Country experiences Kenya, Tanzania, Uganda, Rwanda, Burundi Conclusions and way forward Closing ceremony Minister of Labour and Human Resources Development (Kenya) Lunch 14:00 15:30 Presentation 2 Labour-management relations in Norway Field visit Departure Chief Arne Jørgen Olafsen (Chief of Police, Norway) Break 16:00 17:30 Presentation 3 The first 107 years of the Norwegian Police Federation Mr Egil Haaland (Head of Office, The Norwegian Police Federation) Field visit Page 5
List of participants (as at 15 August 2012) Kenya 1. Mr. Rajabu Mwondi, Chairman-General, COTU (Kenya) 2. Mr. Francis Atwoli, Secretary-General, COTU (Kenya) 3. Mr. George Muchai, Deputy Secretary-General, COTU (Kenya) 4. Ms Carolyn Rutto, Assistant Secretary-General, COTU (Kenya) 5. Mr. Benson Okwaro, Board Member, COTU (Kenya) 6. Mr. Isaiah Kubai, Board Member, COTU (Kenya) 7. Mr. Ernest Nadome, Board Member, COTU (Kenya) 8. Ms Rose Omamo, Chairperson, Women s Committee, COTU (Kenya) 9. Mr. Linus Kariuki, Principal Executive Officer, Federation of Kenya Employers 10. Mr. William Langat, Registrar Trade Unions 11. Justice Rika - Ag Principal Judge of Industrial Court 12. Mr. Bakari Omar Jambene, Retired Assistant Commissioner of Police 13. Justice Stewart Madzayo, Former Principal Judge of Industrial Court 14. Mr. Nicky Njuguna, Interim Secretary-General, Kenya Police Union 15. Mr. Albert Mulimbi, Interim Chairman, Kenya Police Union 16. Mr. Noah Chune, Chief Economist, COTU (Kenya) 17. Mr. Barasa Adams, Personal Assistant to Secretary-General, COTU (Kenya) 18. Ms. Milly Ogilla, Project Officer, COTU (Kenya) 19. Ms Violet Mwondi, International Officer, COTU (Kenya) Norway 20. Mr Anders Folkestad, President of Unio 21. Mr Arne Jorgen Olafsen, Chief of Police, Follo district 22. Ms Unn Alma Skatvold, Police Officer and Board Member, Norwegian Police Federation 23. Mr Egil Haaland, Head of Office, Norwegian Police Federation 24. Mr Lars Holmer-Hoven, Senior Adviser, Unio Page 6
South Africa 25. Mr. M. Magwentshu Director South Africa Police Service 26. Mr. N. Mabhida, Deputy President, Police and Prisons Civil Rights Union 27. General Secretary South Africa Police Union 28. Ms. Khomotso Mosoane, Secretary, South African Safety and Security Sectoral Bargaining Council Burundi 29. Mr Tharcisse Gahungu, Secretary-General, COSYBU 30. Commission of Police (TBC) Rwanda 31. Mr Eric Manzi, Secretary-General, CESTRAR 32. Commission of Police (TBC) Tanzania 33. Mr Nicholas Mgaya, Secretary-General, TUCTA 34. Mr Khamis Mohammed, Secretary-General, ZATUC 35. Commission of Police (TBC) Uganda 36. Mr Peter Werikhe, Secretary-General, NOTU 37. Commission of Prisons (TBC) East African Trade Union Confederation 38. Mr Emmanuel Nzunda, Executive Secretary, EATUC, Arusha 39. Ms Caroline Mugalla, Research Officer, EATUC, Arusha International Labour Organization 40. Mr Charles Dan, Regional Director, Regional Office for Africa, Addis Ababa 41. Mr Alexio Musindo, Director, Dar es Salaam 42. Dr Mohammed Mwamadzingo, Senior Economist, ILO Headquarters, Geneva Page 7