State of Botswana Trade Unions: Trials and Tribulations
| Friday September 25, 2009 00:00
A background
Botswana labour organisations' active participation in labour-related issues dates back to pre-independence days. During the colonial period, labour organisations were very vocal and in fact some contributed immensely to Botswana's independence. Immediately coming to mind are labour organisations like the Francistown Employees Union (1949), Serowe Workers Union (1958), Bechuanaland Protectorate Workers' Union (1959), Bechuanaland Trade Union Congress (1962), Bechuanaland General Workers Organisation, and so on. Botswana Civil Service Association (BCSA) and Botswana Teachers Union (BTU) were also formed far back in 1937 and 1949 as Bechuanaland Protectorate African Teachers' Association and African Civil Service Association respectively. BTU was quite active in labour issues and it was only in later years that it became too preoccupied with extra-curricular activities like sports and choirs and almost lost focus there. As it is, now, it is on the verge of refocusing and trying to forge the elusive unity attempts with other like-minded organisations.
BCSA, now BOPEU, fought for the improvement of workers' conditions of service in the colonial days. BCSA teamed up with the African Advisory Council (AAC) to condemn the way Africans were treated by the then colonial government. The AAC was dominated by the Chiefs and some few educated Batswana. A very strong relationship developed between AAC and BCSA and the two contributed positively in preparing for Botswana's independence. At independence, BCSA had forged a strong relationship with the new government which was dominated by the then members of AAC. In fact some members of BCSA were drafted into senior positions of the new government. The good working relationship between BCSA (now BOPEU) with government therefore dates back to the pre-independence days. And as payback, BOPEU has enjoyed a lot of assistance from government and it has been a tradition since then.
There is a strong perception that BOPEU's good relationship with government is due to the union being an agent of the ruling party while the radical Manual Workers' Union (MWU) is associated with the opposition parties. It was therefore seen as strange, when BOPEU and the Manual Workers Union forged links of cooperation. This culminated in the common written and verbal presentation of the two unions on Presidential Salaries Commission in 2007. In the presentation, the two unions called for the politicisation of trade unions and that union members should be allowed to stand for political office and apply for unpaid leave during campaigns. In a short space of time, BOPEU and MWU formed BOFEPUSO (Botswana Federation of Public Sector Union). The leaders of the federation said this was to represent public sector unions. The Botswana Federation of Trade Unions (BFTU) vehemently opposed the registration of such and even successfully lobbied for its de-registration by the Registrar of Trade Unions. BOFEPUSO has since been deregistered and BOPEU and Manual Workers Union have appealed to the Courts of Law that its initial registration stand. BOFEPUSO was registered to, among other things, represent public sector unions at the about to be established Botswana Bargaining Council. Both BOPEU and Manual Workers Union are trying to dislodge other public sector unions from BFTU by hook or crook, but the BFTU affiliates are also calling on the deregistered BOFEPUSO members to come and join BFTU and then create a public sector structure under BFTU. The debate and negotiations are ongoing and the hope is that ultimately, all unions will be under one federation.
Towards a unified union movement
A united workforce in Botswana is what all unions are agreeing on, but the unity initiatives are as elusive as those of the opposition parties. The elusive unity is characterised by lack of trust, pride and amassed wealth. In 1997, the government of Botswana ratified 14 International Labour Organisation (ILO) conventions. The government of Botswana dragged its feet to amend the existing labour laws so that they conform with the ratified conventions. In 2004, Botswana parliament amended the Trade Disputes Act and the Trade Union and Employers Organisation Act so that Public sector unions could unionise. Except for government industrial class, private and parastatal sector employees, public sector organisations were not allowed to unionise as the domestic legislation did not allow for such.
Formerly Botswana Civil Servants Association (BCSA), now Botswana Public Employees Union (BOPEU), Botswana Federation of Secondary School Teachers(BOFESETE), Botswana Unified Local Government Service Association (BULGASA), Botswana Teachers Union (BTU), Association of Botswana Tertiary Lecturers (ABOTEL), were all staff associations as registered by the Society Act. They could only consult government on employees' conditions of work and they were at the mercy of the employer. With the unionisation era, especially after the staff associations transformed into unions after 2004, public sector employees will now negotiate and bargain for improved working and living conditions. It is not government prerogative anymore to unilaterally decide on its employees' conditions alone, but this has to be negotiated and bargained for by the public sector unions.
The relationship with government
The euphoria and general excitement that came with unionisation was short-lived. Parliament passed the new Public Service Act in the November 2008 sitting and the President was in so much hurry that he assented to the Act on a non-government business day, 26 December 2008. It was highly publicised that 1st of April 2009, the new public service Act would be effected. Unions now suspect that the Botswana Democratic Party factional wars as well as the cabinet reshuffle, especially at the Ministry of Presidential Affairs and Public Administration (MPAPA) could be the reason for the costly delay. Daniel Kwelagobe's ministry was at the forefront in the enactment of the new Act. He had a very healthy and romantic relationship with the deregistered BOFEPUSO affiliates.
Margaret Nasha, who replaced Kwelagobe at the Ministry was in bad terms with one of the BOFEPUSO affiliates, Manual Workers Union. The relationship was so bad such that the trade union allegedly cartooned the 'iron lady' as a donkey! Her and the Minister of Education (MOE), Jacob Nkate, were seen as meddling in the Manual Workers' Union for allegedly forming and sponsoring a rival union, Botswana Government Workers'Union (BOGOWU), which was seen as recruiting MWU members. BOGOWU is alleged to be a product of Nasha and Nkate machinations! Manual Workers was so annoyed by the duo who are associated with the BDP 'A-Team' to a point that they openly called on their BDP members not to vote for the 'A-Team' at the recent BDP's Kanye Congress. And the MWU-supported team, Barata-Phathi, won in landslide! Now the union has shifted a gear up and is now calling on their members not to vote members of the 'A-Team' in the forthcoming general elections. This open political party campaigns by the union has infuriated government. Also at the centre of these BDP factional battles is the Directorate of Public Service Management (DPSM). DPSM and MPAPA are unreasonably holding up the public sector employees at ransom by not advising the President to effect the new Act. In fact, there was no need to hurry the President to sign the new Act on a public holiday last December.
Partisan politics is also blamed for some of the challenges faced by trade unions in Botswana. All trade unions are rightly or wrongly associated with certain political parties. Party political arena is seen as a no-go area for unions and it is some politicians themselves that are leading in discouraging unions. Unions should, however, not buy the dummies. Firstly, the constitution of Botswana, sections 3 and 12 provides for freedoms of association and expression. Section 3 states that 'whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his political opinions... freedom of conscience, expression and of assembly and association...'Section 12 states that ' Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence'.
Employees would therefore suffer a lot of prejudices if they were not allowed to challenge certain party political decisions. Unions as civil society organisations should provide the necessary checks and balances and should not allow politicians to run roughshod over them. Unions should challenge government policies all the way and should not be apologetic about that. Government policies are a product of political decisions and if unions remain quiet for fear of reprisals, the members would suffer heavily as their conditions of work would deteriorate.
In another twist on partisan politics versus unionism, recently, the Director of Broadcasting and Information Services, Mogomotsi Kaboeamodimo read a BDP political party statement where President Seretse Khama Ian Khama explained why he suspended BDP Secretary General, Gomolemo Motswaledi. In 1970, President Seretse Khama addressed BCSA and used the opportunity to caution the public service against involvement in party politics. President Khama said he does not expect his 'superscale officers to show slavish devotion to the BDP or accept unthinkingly all its policies. Such a prescription would spell moral and mental stagnation...And of course all civil servants remain bound by the restrictions on active participation in politics appropriate to a multi-party state like Botswana'.
With what Kaboeamodimo did by reading a BDP statement on state radio and television, it effectively means that he did not only unthinkingly endorse a new practice but has declared an open season for the general public service in party politics. In 2005, a BOFESETE member (now BOSETU), expressed his views in the local Monitor newspaper on Cabinet Ministers' salaries and other benefits. On 17 October 2005, the then TSM Director, Opelo Makhandlela wrote a circular savingram to all schools through Regional Chief Education Officers cautioning teachers about their apparent involvement in party politics. Quoting Code of Regulations (COR), he cautioned all teachers that they should not publicly speak on any political matter, nor demonstrate against any political person or party. The Act further allows teachers to publish in their own names matters that relate to professional or general interests only but should not publish anything that could be considered to be of a political or administrative matter. The TSM Director further cautioned teachers that they should not take an active part in support of any candidate in an election nor do anything calculated to further the interests of any political party.
Makhandlela further advised all teachers to seek clarity from his office if they did not understand the Code. BOFESETE has been invited to numerous conferences and congresses by the opposition parties to come and explain their general working and living conditions. BOFESETE also invited all political parties to their activities. TSM and other senior government officers were not happy with this arrangement. BOFESETE ultimately sought legal opinion on this matter of party politics in relation to the Teaching Service Act and COR. The same provisions prevail in the Public Service Act and regulations on political party participation. Victor Moupo of Moupo, Motswagole and Dingake law firm then explained to BOFESETE that 'anything under the sun can be of a political nature... We are thus of the considered view that section 21 of the Teaching Service Act, as well as regulation 210 (3) (c) are both badly vague and incapable of proper enforcement since any act prohibited therein as being of a 'political nature' may also be permitted as being of 'professional or general interest' to a teacher... The jury is still out on what constitutes 'political matters', or matters 'of a political or administrative nature', or matters 'of professional or general interest... We believe it is not wrong for the BOFESETE National Executive to issue opinions on Government policies that affect teacher welfare, whether they be a subject of political debate or discussion or not. Anyone who argues that influences pupils one-way or the other has a duty to prove it'. Moupo et al however cautioned the organisation on controversial issues that have got nothing to do with teacher welfare.
The New Public Service Act (NPSA) brings a positive development for the public sector employees. For the first time since independence, the general conditions service of public service will now be negotiated and bargained by the unions. Issues of salaries, benefits, transfers, further studies, promotions, discipline and other matters of mutual interest will now be negotiated and bargained for. The NPSA in fact states that all public service officers shall be members of trade unions for purposes of collective bargaining. On the other hand, both the public sector unions and government departments that house the unions have to catch up with negotiation and bargaining skills as soon as they can. Public sector unions will reap from the experienced Manual Workers Union and Botswana Mine Workers Union. BOSETU, BTU, BOGOWU, BLLAWU and TAWU, who are members of the oldest federation, BFTU will have to find ways of, benefiting from Botswana Mine Workers Union, Botswana Railways Workers' Union, BHCWU, BOBEU and other unions who are veterans in negotiations and bargaining. All in all, BFTU has over 32 affiliates. The ideal situation, which is a dream of most union members, is to have all the trade unions housed under Babereki House at African Mall where resources will be easily shared.
Unions and funding augmentation
Another challenge that is facing trade unions is involvement in business undertakings. Most unions have moved into investments and critics of such see it as embracing capitalist practices and tendencies. The unions badly need finances for them to run effectively. They need not only to employ and retain experienced and appropriately qualified staff who would take the unions to another level, but train the existing staff and appreciate their services. Government and other employers have immense resources and fighting them as an attempt to improve conditions of work of employees may not be successful if unions do not have adequate resources.
Financial mobilisation therefore becomes paramount. But unions should separate unionism from business. Clear policies should demarcate roles of unions and business. Union management should not run union business undertakings as this would pollute the separation of powers. Union management should concentrate on their core mandate of negotiation and bargaining for their members, and not be involved in the complex corporate board rooms, which in fact is not their professional area. The proceeds from union business will undoubtedly help fight the employers for the benefit of members. Legal costs, consultancy on union activities, capacity building initiatives, conferences and congresses, literature, general resources like offices, vehicles, qualified and experienced personnel and so on need finances. Membership subscriptions just pale away and cannot effectively and efficiently help unions run, therefore business augment is essential. Even churches and sports teams would not survive on membership subscriptions alone. A number of churches today have diversified businesses for their sustenance. One hopes that unity of trade unions will emerge from a number of powerful unions who happen to be in business together. If the unity eludes them, the unions are also likely to fight over amassed resources! The unions in business are BOPEU, BOSETU, BTU, Manual Workers' Union, BLLAWU who together have won tenders to run and manage central registry for micro-lenders as well as government vehicle and housing schemes. Good constitutions and policies are badly needed to separate these organisations from their businesses, otherwise unprincipled leaders will lose their focus and mandate, leading to self-destruction.
Unions are also to embark in an aggressive membership education on labour issues. Most members do not know their rights as well as their obligations to their respective trade unions. Manual Workers' Union and Botswana Mine Workers' Unions who are veterans in labour movement, have got the most educated membership in labour-related issues. Public sector unions just received their union status and some of the members still confuse the association days and the current unionisation days.
The unions should educate their members especially on the issue of negotiation and bargaining and what it means to each and every public service employee to be a unionist. The NPSA chapter on Collective Bargaining is a welcome development for the government employees.
The Act allows the public service to negotiate and bargain, it protects union membership from victimisation and exploitation. The Act also provides fertile grounds for dismissal and those not unionised are exposed and vulnerable. Since 1966, the public service did not enjoy rights of organising, negotiating and bargaining. The public service unions would therefore have to seriously engage the much more experienced Manual, Mine, Botswana Railways Workers' Unions and others negotiation and bargaining skills, industrial actions, resource management and so on. Mine Workers Union experienced the worst industrial action disaster in 2004 when their 461 members were expelled by Debswana. But they came back strong in 2008/09 to negotiate lucrative packages for their members during the recent economic recession. wBoth Manual and Mine Workers' Unions have had trials and tribulations in resource management issues. They visited the courts several times and some board members were even imprisoned. Experiences from these unions are therefore paramount to the public sector unions.
JUSTIN C. HUNYEPA is Executive Secretary of Botswana Secondary Teachers Union (BOSETU). Most of the issues discussed in this article are drawn from the writer's June 2008 Master of Public Administration research essay titled: Government Labour Relations in Botswana: A Case Study of Relations Between The Botswana Government and Public Sector Unions.