The entire Statement delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), during the Plenary Discussions on the report of the Director-General and Chairman of the Governing Body on - ILO Programme Implementation 2008 - 2009 in Geneva, Switzerland, 10th June, 2009:

His Excellency the President of  the Conference;

His Excellency the Vice Presidents;

His Excellency the Director General – ILC;

Heads of Delegations;

Ministers;

Delegates,

Allow me to begin by congratulating the President of the 98^th session of the ILC, together with his Vice Presidents for their well deserved election to lead the affairs of this year’s conference.

The world is facing an unprecented financial, economic and social crisis since the great depression of the 1930’s. It began as a financial crisis, went to economic crisis and it is now a jobs crisis. If not adequately and comprehensively addressed, a social crisis with potential instability for countries looms large.

It is indeed, a time for concerted action by all and the social partners should lead the way.

Mr. President,

Allow me therefore to thank the Director General of the ILO for presenting a focused and comprehensive report on the job crisis and what needs to be done. COTU - (K) agrees with the DG’s report that the tale-tell signs of the events that contributed to the crisis were evident for many of us. The Trade union movement long questioned and opposed the prescriptions of the Washington consensus principles and advocates of the free market economy spearheaded by the Bretton Woods Institutions, including deregulation and warned of the negative effects they had on sustainable development particularly on developing countries.

The ILO on its part raised the red flag way back in 2001 during the Global Employment Forum, following the Dot. Com bubble bust, then in 2004, it released the report on the need for a fair globalization and, during last year’s conference, the organization facilitated the adoption of the Declaration on Social Justice for a fair Globalization among many other initiatives. In spite of these clear signals, the world was slow to act in decisive and effective manner.

Mr. President,

The work of the organization has been cut out. It was reinforced by the UN Chief Executives Board which mandated the organization to formulate and spearhead the implementation of a Global Jobs Pact and, co-lead with WHO on the development of a Social Protection Floor. How we address this challenge will forever define our continued relevance and usefulness to the constituencies which we represent? We have no choice but to help restore world economy to the path of recovery and progress and hence bring hope to the lives of many.

Let me take this opportunity to thank my Head of State His Excellency President Mwai Kibaki on his speech on 1^st June 2009 when celebrating the 46^th year of attainment of our self rule, where he directed the Ministries of Labour and Finance to immediately consult with the Federation of Kenya Employers and Central Organisation of Trade Unions (K) on protection and creation of formal jobs during this difficult economic times.

Fellow delegates,

We agree with the DG’s report that, Decent Work Agenda represents the best route out of this crisis. It is a package that constitutes a uniting factor between economic progress and social justice in a globalized world. Its objectives are interdependent and mutually reinforcing in that they provide for;

a)   an ambition – which is achieved through creation of productive employment and enterprise development;

b)   a guarantee – achieved through the respect for fundamental principles and rights at work;

c)   an incentive – achieved through social protection and finally;

d)   A method – achieved through the practice of social dialogue.

We note with appreciation that these elements of the Decent Work Agenda together with modalities of financing their implementation are well discussed and analyzed in the DG’s report.

In Kenya a number of policies have been taken to help abate the effects of the crisis on people, enterprises and the economy.

The Kazi Kwa Vijana (work for the youth) programme where short term jobs will be guaranteed to young Kenyans was recently launched by the President and The Prime Minister. Others include the youth fund and the women’s fund.

COTU (K) is however concerned that, these noble initiatives which touch on employment generation and income support were done without consultation and involvement of the worker’s organization.

Fellow Delegates,

My delegation agrees with the DG’s report that the status quo is not an option. Innovative measures need to be taken. Work sharing, unpaid leave and labour intensive production arrangements among others, are initiatives which we can negotiate and implement with employers in view of this crisis. However, some multinational in Kenya operating in the tea sector are still increasing the mechanization of tea picking without agreeing with the union or even bothering on consequent job losses. Already 50,000 jobs have been lost and a further 30, 000 are threatened while government is complacement.

In  conclusion, as workers representatives, we call on such employers to embrace dialogue with us so that we can engage government in introducing job saving investment policies as proposed in the Director General’s report.

I thank you.

The entire Labour Day Speech by Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), held in Nairobi, at Uhuru Park Grounds on 1st May, 2009:

Hon. John Kiyonga Munyes, E.G.H., M.P., Minister for Labour and Human Resource Development;

Honourable Ministers;

Assistant Ministers;

Honourable Members of Parliament;

Your Excellencies the Ambassadors;

Honourable Judges;

Judges of the Industrial Court;

Councillor Geofrey Majiwa, Your Worship the Mayor of Nairobi;

Permanent Scretaries;

Mrs. Beatrice Kituyi, C.B.S,Permanent Secretary, Ministry of Labour and Human Resource Development;

Brother Patrick Obath, The Chairman, Federation of Kenya Employers;

Sister Jacqueline Mugo, Executive Director, Federation of Kenya Employers;

Brother Kwasi Adu-Amankwah, General Secretary of ITUC-AFRICA;

Bro. Andrew Kailembo, Former ITUC-AFRICA General Secretary;

Brother Joseph Katende, Regional Representative, International Transport Federation;

Brother Richard Hall, Regional Representative of American Centre for International Labour Solidarity;

Representatives of International Labour Organization;

Bro. Adan Mohamed,Chairman,National Social Security Fund;

Brother Albert Odero, Acting Managing Trustee, National Social Security Fund;

Senior Government Officials;

Councillors;

Civil Servants;

Trade Union Leaders;

Distinguished Guests;

Brothers and Sisters;

• On behalf of the entire Executive Board of Central Organization of Trade Unions fraternity in Kenya and on my own behalf I take this opportunity to welcome you all to this important International Workers Day, Labour Day of the year 2009.

• Before I proceed, Mr. Minister let me thank you particularly for taking time out of your busy schedule to come and grace this workers occasion.

LABOUR LAWS:

• Mr. Minister, we in the trade union fraternity are grateful for the government enactment of the new labour laws. Although the implementation of the laws has been slow, workers can now enjoy equity and fairness in the Industrial Relations practice in the country. On 15^th of April our Minister for Labour launched the New National Labour Board and the associated various councils for speedy implementation of  New Labour Laws.

LAW SOCIETY OF KENYA:

• Mr. Minister, workers were indeed grateful for you assenting to the new labour laws in October 2007. However, we are taken aback when the Law Society of Kenya has moved to court to defeat justice particularly in the area of Workers Injury Benefit Act  which was meant to tame errand lawyers. Some Lawyers have benefited as ambulance chasers. However, we believe that a fair judgment from the Court of Appeal should be in Kenyans favour.

TOM MBOYA LABOUR COLLEGE:

• Mr. Minister, we appreciate the continued support the government has accorded Tom Mboya Labour College in transforming the college into a workers institution of its own kind in Africa. This college after completion is going to open its doors to all government and workers institutions and serve as a labour referral college for Africa. Soon we will invite you to see your good work in this ultra-modern workers institution.

POLICE UNION:

• Mr. Minister, at this juncture let me commend the government in improving security in the country. We thank the Police Force for being vigilant in fighting crime and maintaining security in the country. Incidences of carjackings and thuggery have drastically reduced.
• Mr. Minister, the Police Force has done a commendable job, yet they are unfairly misunderstood. Mr. Minister, unfortunately the Police do not have a voice to explain their side of the story.
• It is with this in mind that we appeal to your good government to register the proposed Police Trade Union to protect the rights of the Police Force and collectively bargain for the improvement of their standard of living. We have several countries where members of Police and other forces have a trade union with a rider that they cannot go on strike.

NYAYO STADIUM:

• Mr. Minister, while thanking the Grand Coalition government for infrastructure development, Kenyans are disillusioned with some decisions that have been made by the government.
• The leasing of Nyayo National Stadium which is a national monument and heritage to the Coca cola Company is very unfortunate.
• The Nyayo Stadium is a national cultural facility which should not be sold or leased to a multinational company for money.
• We as workers call upon the coalition government to revoke any arrangements some individuals in the government may have made with Coca cola company, so that Nyayo National Stadium remains a national monument and heritage for promoting our culture and sports.
• Mr. Minister, it is an insult to Kenyans to hold national events in a national stadium called Coca Cola Stadium in a free and independent country.
• Some patriotic Kenyans might not feel free when they reflect on the historical background for the struggle of our independence and the location of the event.

PRIVITIZATION OF NATIONAL BANK OF KENYA:

• Mr. Minister, privatization of state owned enterprises without involving the public is unfortunate as the government is holding the state corporations assets in trust for all Kenyans.
• This therefore means that the interested parties must be involved in the decision to privatize state owned Enterprises and I thank the Privatization Commission which has now opened doors to other interested parties in this process.
• Privatization of profit making state owned enterprises should also be discouraged. A case in mind is the proposed privatization of the National Bank of Kenya.
• Mr. Minister, as we privatize our parastatals that were built over the years by tax payers money, we must be very careful we should not be like other African countries that have no banks of their own.
• Mr. Minister, see what is happening in Telecoms Kenya where the mzungu does not want to see those Kenyan workers who devoted their lives over the years in the then Kenya Posts and Telecommunication Corporation.
• The National Bank has been turned around into a profit making venture and therefore should not be privatized, in this Bank, National Social Security Fund has controlling shares and N.S.S.F must be given opportunity to negotiate about its shares on behalf of workers, and if N.S.S.F given first priority can increase its shares and own the Bank on behalf of workers, Kenyans can be invited to buy the remaining shares through Nairobi Stock Exchange.

MP’s TAXATION:

• Mr. Minister, one way of attaining financial independence is for our government to generate sufficient revenue to finance its budget. It is disheartening to see our Members of Parliament refuse to contribute to the exchequer while the poor Kenya citizens pay taxes. Mr. Minister, MP’s should be made to pay taxes to boost the government’s ability to provide the needed services.
• Mr. Minister, serving Kenyans as a Member of Parliament should be a calling not a wealth accumulation venture. It is a pity for MP’s to ask for high salaries and refuse to pay taxes while over 10 million Kenyans are threatened with starvation and many youth still unemployed.

WORKING COUPLES IN PARASTATALS:

• Mr. Minister, COTU (K) is perturbed by the recent announcement by one of your Permanent Secretaries to the effect that couples working in the government or parastatals should choose which one should opt out because couples promote corruption when they work together.
• Mr. Minister, this is far fetched as couples employed by the government or parastatals cannot perpetuate corruption since grand corruption is planned and executed at a higher level of the government.

RETIREMENT AGE:

• The raising of retirement age from 55 (Fifty five) years to 60 (sixty) years is a welcomed idea by all the working men and women in Kenya as this extension of the retirement age conforms to the international standards. COTU (K) has since 1994 fought for the raising of the retirement age to 60 years.

TRANSPORT:

• Mr. Minister, we as workers of this nation feel the government should now be involved in the public transport sector in this country like it is elsewhere in the world. Leaving this important sector in the hands of individuals, will soon or later paralyze the economy of our country.
• We suggest that, the government should invest in the public transport sector through the local authorities like it was previously inorder to stabilize the sector.
• This will ensure individuals who are running the sector do not hold Kenyans at ransom whenever a dispute arises in the sector, like it has been happening in the recent past. We applaud the new plan by the Transport Minister to introduce modern rail transport in Nairobi.

KENYA RAILWAYS:

• We appeal to the government to take over Kenya Railways management and restore sanity to Transport Industry, COTU (K) sometimes back complained about the concession of Kenya Railways by Rift Valley Railway Company which has become a moribund.

LAND GRABBING AND INFORMAL SECTOR:

• Mr. Minister, COTU (K) is deeply concerned with the notorious grabbing of land meant for public utilities in parts of Nairobi City. This practice has become common in Eastleigh, parts of Eastlands and elsewhere in the country.
• These individuals, with money from suspicious sources are shamelessly grabbing public utilities including areas where Jua Kali artisans have small businesses.
•  Mr. Minister, you will agree with me that the informal sector provides a big portion of employment as captured in the Economic survey of 2008.

RE-ALLOCATION OF AFFECTED ARTISANS:

• Mr. Minister, we appeal to your government to ensure that the informal sector which is the major jobs provider should not be interfered with by these notorious individuals bent to grabbing public utilities for their own selfish gains.
• In case the artisans are to be evicted from public property, they must be re-allocated to an alternative site in an orderly manner that will enable them carry on with their businesses as the constant harassment by authorities might lead to chaos and political unrest.

FORMALIZATION OF INFORMAL SECTOR:

• Mr. Minister, in other countries, governments have gone ahead and formalized informal sector through an Act of Parliament and put in place mechanism to regulate the sector.

MINIMUM WAGE:

• Mr. Minister, while we have experienced rapid increases in prices there has been no adjustment in Minimum Wage. The purchasing power of workers has drastically been eroded and this calls for compensation to restore the purchasing power of workers especially those on the minimum wage.
• Since 2006 the government has never reviewed the minimum wage. Mr. Minister, we ask the government to review the minimum and general wages so that the minimum wage is equal to a living wage.
• At the same time we appeal to the government to craft incomes and wages policy to put an end to piecemeal adjustment of salaries only to privileged groups.

INCREASE OF MINIMUM WAGE:

• We kindly hope and trust in you Mr. Minister and to-day we kindly expect you to increase and set the minimum wage in order to open the upper wage differential adjustments.

PRICES ON ESSENTIAL COMMODITIES:

• Prices on essential commodities particularly food is unbearable, we appeal to your government to intervene and control prices on essential basic commodities like petrol and flour, and if possible government must own government stores for the poor Kenyans, as it is in India, China and many other countries.
• Mr. Minister, we must allow competition at our Mombasa Port by several Grain Handlers, because other current monopoly causes increase in the cost of flour, simply all demourage daily charges are passed over to the consumer.

NAKUMATT:

• Mr. Minister, the National Labour Board has now been constituted to implement the new labour laws. Unfortunately, many employers are not adhering to the requirements of the labour laws.
• The Nakumatt fire disaster was an example of how some employers knowingly and technically do close safety exits. We expect the government to act as nobody from Nakumatt has been taken to court for non-compliance with safety and occupational hazard protection under regulations pertaining to emergency exits.

LAST YEAR’s NAKUMATT COMPLAINT:

• Mr. Minister, last labour day, I bitterly complained about this employer (Nakumatt) who has employed thousands of Kenyans and has refused to implement Industrial Court Award which directed him to allow these poor workers to join the trade union.
• This Employer continues to contravene the provisions of the law and our constitution on freedom of association with impunity. Let him be warned that we have a government.

90^TH I.L.O ANNIVERSARY AND ACHIEVEMENTS

• We join our Social Partners world over and all workers in celebrating the I.L.O 90^th Anniversary and recognizing the role the I.L.O has played in providing workers education through its institutions at the I.L.O International Training Centre in Turin, Italy and ARLAC in Harare, Zimbabwe.
• We in the trade union movement in Kenya launched the World Day for Decent Work on 7^th October 2008 and it is an event that will be celebrated annually.
• We appeal upon the Social Partners to make a decent work for all a reality particularly as we to-day join workers, employers and governments globally in celebrating the I.L.O’s ninety years of achievements.

LABOUR DAY THEME:

• Mr. Minister, we choose the theme “Promote Political Cohesion for Sustainable Development and Social Justice”, because of the infighting that seems to have emerged within the coalition government.
• It is important that we reflect at the National Accord and implement what was promised by the political class to ensure political stability for sustainable development and social justice.

POLITICAL INTERFERENCE:

• Mr. Minister, we as workers at the Central Oragnisation of Trade Unions are disgusted with the constant interference by the politicians in the smooth running of public institutions.
   
• We should not politicize our Civil Service and the Government Parastatals, and our security agencies, including workers pension schemes.

GLOBAL ECONOMIC AND FINANCIAL CRISIS:

• Mr. Minister, I will not end my speech without paying attention on the impact of the current global economic and financial crisis. The recession has been brought about by the deregulation imposed by the World Bank and International Monetary Fund, (IMF).
• This came about through structural adjustment programmes of which the trade unions were opposed to. These Bretton Woods Institutions imposed conditionalities for countries to liberalize trade and deregulate their financial market.
• This move has led to the collapse of market driven economies and it is believed that the recession experienced in the west might have drastic effect on both developing and developed countries but not at a large extent since few developing countries have credit facilities connected to the markets in the west and therefore we appeal to our employers not to frustrate workers efforts because of Global economic performance, retrenchment included.

WEBUYE PAN PAPER MILLS:

• Mr. Minister, the recent information shows that we can save 30,000 jobs at Pan Paper Mills, that have collapsed as a result of mismanagement and your government has exhibited and planted hope into Kenyans by bringing back Uchumi Markets, Kenya Meat Commission, Kenya Creameries Co-operative and many others.
• The Webuye Pan Paper Mills immediately requires 1.6 Billion Kenya Shillings and it will be on course. We are sure, Your Excellency, that with your direct intervention this factory can start operating tomorrow.

TEA PLUCKING MACHINES:

• Mr. Minister, we have so far lost 50,000 jobs in Tea Industry and more 30,000 jobs are threatened, in 2006 I appealed for the governments intervention as 80,000 jobs are being replaced by mechanized tea plucking. Mr. Minister we appeal for the governments’ intervention to save jobs.
• Mr. Minister, Pakistan, India and Sir-Lanka refused mechanized tea plucking in order to save the meager jobs in their countries and Kenya should not be exception.

PROTECTION OF OUR INDUSTRIES:

• Mr. Minister, let us protect our infant factories against unfair competition e.g. Shoe, Leather, Textile and Motor Industries.

CONCLUSION:

 LET US KEEP PEACE:

• Finally, I call upon all Kenyans to keep peace, love and unity for sustainable development and social justice. It is now my duty and pleasure to invite our Honourable Minister for Labour and Human Resource Development to speak to us.

 

Speech delivered by Bro. Francis Atwoli, MBS, Chairman of East African Trade Union Confederation, EATUC and Secretary General of Central Organisation of Trade Union, COTU (K), during   the opening of EATUC/EALA/FES  Meeting  held at Imperial Royale Hotel, Kampala, Uganda  on8th  December, 2008:

Honourable Abdi Abdirahin Haither, M.P., Speaker of the East African Legislative Assembly (EALA);

Honourable Members of Parliament of EALA;

Workers’ Members of Parliament of Uganda;

My fellow Trade Union Leaders;

East African Community, EAC Representatives;

Bro. Juergen Peter, FES Representative;

Brothers and Sisters,

First and foremost I would like to take this opportunity to sincerely thank you Honourable Speaker for coming to officially open this meeting notwithstanding your heavy and demanding schedule.

Equally important I would like to thank the Members of EALA and Workers’ Members of Parliament from Uganda for accepting our invitation to attend this meeting.

Indeed we really appreciate your commitment to workers’ issues and overall welfare of the people in East Africa, we pray to our Almighty God that this kind of spirit to continue.

Honourable Speaker,

Members of the EALA,

Let me first of all introduce to you what is EATUC?

The East African Trade Union Confederation (EATUC) is a sub-regional trade union organization which brings together national trade union federations or centres from five EAC Partner States namely Central Organization of Trade Unions (COTU-K) – Kenya, National Organization of Trade Unions (NOTU) – Uganda, Zanzibar Trade Union Congress (ZATUC), Trade Union Congress of Tanzania (TUCTA), (COSYBU) – Burundi and (CESTRAR) – RWANDA.

Honourable Speaker,

EATUC enjoys an observer status within the EAC structures for this reason EATUC is allowed to attend EAC meetings including the Summit.

EATUC’s main goal is to integrate workers’ interests and efforts in the East African region with a view to develop a common approach towards enhancing social and economic justice through the participation of workers’ organizations at all levels of the regional integration.

As a regional workers’ body, EATUC is instrumental in ensuring that the East African Community takes into account all issues related to labour and employment such as promotion of tripartism and social dialogue, promotion of the ratification of international labour standards by the partner states, promotion of the decent work agenda, harmonization of labour laws and policies in East Africa, promotion of the integration of youth and women in all spheres of socio-economic development and promotion of the concept of free movement of factors of production in the region.

Honourable Speaker and Hon. Members of Parliament,

Trade union movement in the region supports the idea of intensification and deepening of regional integration that will enable the EAC partner states to reap the full benefits of globalization and avoid marginalization in the modern world economy.

However, what has been our concern as the trade union movement in East Africa is that the regional integration agreements, protocols, policies and programs have mainly concentrated on capital and natural resource mobilization and have tended to ignore the critical role of the Industrial Relations practice and development including other social aspects.

 It is against this background that the trade union movement in the region has been at the forefront in advocating and campaigning for the establishment of the East African Common Market that can accommodate the interests and aspirations of the working men and women in the region.

As the negotiations on the EAC Common Market Protocol are under way, trade unions have the duty to contribute to this process.

This is a very crucial stage for trade unions and other stakeholders in the region to engage the partner states, EALA and EAC to make sure that workers’ interests, trade union issues and other social aspects are taken on board in the negotiations of the EAC Common Market Protocol.

Honourable Speaker and Hon. Members of Parliament,

It is very unfortunate that so far workers’ and other social issues have not been covered and reflected well in the draft protocol on EAC Common Market. This also has been contributed by lack of trade union representation in the on-going negotiations on the EAC Common Market Protocol.

This is contrary to the spirit and principles of all-inclusive approach in the regional integration as stipulated in the EAC Treaty.

Honourable Speaker and Hon. Members of Parliament,

In the recent joint EAC/EATUC tripartite forum which was held in Nairobi August 2008 among other things participants recommended on constant debates, social dialogue on EAC Common Market and development of a social charter which will be one of the annexes of the EAC Common Market Protocol.

The formulation of a social charter of fundamental human and trade union rights; and their incorporation and adoption by the EAC will be a step further towards ensuring that human and trade union rights are enshrined and respected in the EAC region.

EATUC was mandated by the aforementioned forum to develop a draft social charter, which was also disseminated at the Meeting of the Commissioners of labour, Directors of Employment, Youth Affairs and Social Partners that was held from 21^st to 24^th October 2008 in Nairobi, Kenya.

Honourable Speaker,

Members of Parliament,

Brothers and Sisters,

The proposed EAC Social Charter will provide common standards on social and economic rights for the East African Community, thus will make an important contribution to social cohesion in the region.

The proposed Charter embodies values, which must be upheld in the face of globalization. Economic and social rights are fundamental aspects of human dignity and are clearly human rights in the same way as civil and political rights. It is for this reason that we are appealing to you Members of the EALA to support the adoption and ratification of the EAC Social Charter.

Honourable Speaker,

The proposed Social Charter emphasizes on the need for social dialogue and the right to work, right to decent work, the right to fair working conditions and the right to decent social benefits.

These are not only ethical fundamentals but they are essential things for productivity and competitiveness.

The charter will make possible for people to live free and productive lives, and strengthen cohesion within our societies. It is against this background that I would like to invite all of you to seize this opportunity to discuss about our proposal and make comments for improvement.

Honourable Speaker and Hon. Members of Parliament,

As you were informed before about this event, the main objective of this meeting is to draw your attention as Members of the EALA to this draft social charter for inclusion in the Common Marker Protocol.

Lastly but certainly not the least on behalf of EATUC I would like to convey our heartfelt appreciation to our long-standing cooperating partner the FES-Uganda for supporting this first EATUC/EALA meeting.

I do believe that FES will continue supporting the trade union movement in the region in organizing activities as it has been in the past since such a system will enable us to meet with the prominent persons in the region (Members of the EALA and Hon. Members of Parliament) and discuss with them issues that concern the people we represent.

Once again I thank you all for coming and I wish you all a fruitful meeting.

I thank you for your kind attention.

Speech delivered by Bro. Francis Atwoli, MBS, Chairman of East African Trade Union Confederation, EATUC and Secretary General of Central Organisation of Trade Union, COTU (K), during   the opening of Project Advisory Committee Meeting on Good Governance and Local Social Dialogue in East Africa (2007 - 2010)  held at New Safari Hotel, Arusha Tanzania  on 2nd December, 2008:

Bro. Nestroy Ngulla, Secretary General of TUCTA;

Bro. David Nkojjo, Chairman General of NOTU Representatives;

Bro. Khamis Mohammed, Secretary General of ZATUC;

Bro. Eric Manzi, CESTRAR Secretary General;

Bro. Tharcisse Gahungi, COSYBU President;

Bro. Emmanuel Nzunda, EATUC Executive Secretary;

Bro. Erik Ort, LO;                       

Bro. Jens Wiene, FTF;

Bro. Jørgen Assens, LO/FTF Council;

Bro. Karsten Fodge, LO-FT Programme Adviser;

Ladies and Gentlemen,

On behalf of EATUC and the entire trade union movement in East Africa I would like to take this opportunity to welcome you all to Arusha and especially to this first Project Advisory Committee meeting.

May I also use this occasion to welcome once again our colleagues from CESTRAR and COSYBU who have officially joined EATUC family. The decision to affiliate our colleagues was made during our last Summit meeting, which was held on 3^rd October 2008 in Dar es salaam, Tanzania. 

I would also like to inform our LO-FTF friends that CESTRAR and COSYBU have been participating in all our activities even before they formally joined EATUC.

This is the trade union solidarity we have been promoting and advocating for in order to strengthen the trade union movement in the region.

Dear colleagues,

On behalf of the trade union movement in the region I wish to convey our sincere thanks to the LO- FTF for supporting the trade union movement in the region. This programme has been making enormous contribution to the strengthening of trade union organisations in the region.

Since the commencement of LO-FTF regional Programme we have taken a giant step towards realising our dream of having a visible and strong trade union movement in the region. 

For the last one-year the following achievements were made:

• A functioning EATUC secretariat in place
• Increased number of EATUC personnel
• A number of activities were carried out inline with the EATUC social agenda and regional integration.

The above mentioned results have been contributing positively to  increase the visibility of EATUC  and recognition in the regional integration processes.

EATUC and its affiliates have also been participating in various activities organised by the EAC. For instance EATUC was mandated by the tripartite forum which was held in August 2008 in Nairobi to develop a draft social charter which was also disseminated at the Meeting of the Commissioners for Labour, Directors of Employment, Youth Affairs and Social Partners which was held from 21^st to 24^th October 2008.

This EATUC proposal will also be presented in the forthcoming meeting(  8^th December 2008) with the Members of EALA in  Kampala, Uganda in order to sensitise and lobby them for adoption of a social charter as one of the annexes of the EAC Common Market Protocol.

However, apart from the above mentioned achievements there are number of challenges which should be addressed in this meeting in order to improve the implementation of this Programme so as to enhance its impact to the beneficiaries   and overall trade union movement in the region.   The challenges include:

·        The overall budget is too small and does not reflect the real situation on the

          ground therefore should be reviewed e.g.

·         Budget for regional workshop should be increased.

·         Salary for programme assistants .

·         Budget   for maintenance, stationery .

·         Lack of flexibility of the programme .

·         Need to align the roles of LO-FTF Advisor’s staff vis-à-vis that of EATUC secretariat .

·         No budget for local transport and mobility.

·         Coordination of all LO-FTF national projects under EATUC secretariat.

It is my sincere hope that this gathering will find solutions to the aforementioned challenges so that we can move forward. That is why we are here to review the progress and chart the way ahead.

As I mentioned before that COSYBU and CESTRAR are now full members of EATUC, therefore I would like to take this opportunity to appeal to the LO-FTF to include COSYBU from Burundi and CESTRAR from Rwanda in this programme as soon as possible so that they can also benefit out of this programme.

COSYBU and CESTRAR belong to EATUC family, hence we should move together as one trade union movement in the region. 

Lastly may I also take this opportunity to inform you that apart from the LO-FTF programme, EATUC has been receiving support from other cooperating partners especially FES, ILO and LO-Norway.  We are very grateful to our cooperating partners for supporting various areas.

Dear colleagues, in the course of two-days we are going to discuss and review the regional collaboration supported by LO-FTF programme.

In specific terms, one objective is to strengthen different EATUC strategies towards the EAC and second objective is to strengthen the flow of best practices and experiences between - and within – the national centres in line with the programme.

Once again I welcome you all and wish you fruitful discussions and deliberations.

I thank you all.

Speech delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), at  the ITUC/ACILS Workshop on the Role of Trade Unions in Promoting Democracy, Industrial Peace and Sustainable Socio-Economic Development in East African Sub-Region  held at Panafric Hotel, Nairobi  on 1st December, 2008:

Honourable  John Munyes, E.G.H., M.P, Minister for Labour and Human Resource Development;

Brother Richard Hall, Country Programme Director, Solidarity Centre, East Africa Office;

Brother Kwasi Amankwah, General Secretary,ITUC Africa;

Invited Guests;

Brothers and sisters,

On behalf of the entire trade union fraternity in East Africa and on my own behalf l take this opportunity to welcome you all to Nairobi, Kenya and to this important workshop.

The main objective of this workshop is to re-examine the role and the relevancy of Trade Unions in promoting Democracy, Industrial peace and sustainable Socio-Economic Development in East Africa Sub region.

Honourable Minister, Trade Unions in Eastern Africa are credited for fighting for Political independence especially during the time many freedom fighters were in detention.

Hon. Minister in 1960s, 1970s and partly in 1980s many trade unions in Africa succeeded in gaining membership and public appeal due to periods of Economic growth and relatively fully employment. 

The favourable economic situation strengthened unions bargaining power and there were genuine gains shared between workers and employers.

However since late 1980s through the 1990s the World in which trade unions and their members work has been changing drastically.  Low economic growth, poverty, high unemployment rate and income disparities have caused serious problems for trade unions especially the African Continent.

At the same time some unscrupulous employers have resorted to unfair labour practices in order to survive the cut throat competitive global enterprises. 

Instead of fair distribution of the gains realized from the accrued economic growth, both government and employers are reluctant on improvement in our collective bargaining agreement often involves sharing of costs of retrenchment and the concessions which unions may feel forced to on general terms and conditions of work as they are busy involved in sharing of costs by applying unfair retrenchment, redundancies and concessions which unions globally are opposed to.

Honourable Minister, reduced economic growth has affected political influence in our societies as our government on this continent have been coarsed and forced to accept neo-liberal policies which are hostile to the citizenry and workers.

In 1984 the World Bank and IMF introduced the Structural Adjustment Programmes as a conditionality  for developing countries to qualify for loans from international finance institutions.

These loans are normally repayable loans and not free loans but the Structural Adjustment Programmes effects are still felt     to-date after more than 20 years of their implementation.

The neo-liberal policies have indeed destroyed economies on the African continent as they have led to poverty and unemployment.

The neo-liberal policies which included reduction in public spending, privatization of public utilities and state owned enterprises, civil servants reforms and desegregation of labour policies condemned many people to poverty through lack of access to basic social services.

The results of these unfavourable policies caused the expansion of informal economy that is not protected. The massive job losses that have led to poverty and income disparities has led many workers in the region live on less than a dollar a day and some do not even access any.

Mr. Minister, the changed economic environment has altered the trade union agenda.  The trade unions now focus on decent work and social justice.

Mr. Minister on focusing on decent work, the trade unions have prioritized Employment, Social protection, Workers rights and Social dialogue.

In building capacity on the role of trade unions in promoting democracy industrial peace and sustainable Socio-economic Development, Trade Unions and employers must ensure that we are not only expanding the opportunities of employment but also the quality.

Questions of economic development, globalization, fair trade and worker training must be the center to capacity building for trade unions to effectively engage government and employers in policy debate.

Trade unions should not be mistaken because part of our mandate world over is to engage the governments and employers and check the excesses of different government arms ranging from the Executive, the Judiciary and the Legislature to ensure that they respect workers rights and that they are committed to promoting Decent Work.

In Kenya, we are grateful to the 9^th Parliament for the New Labour Laws and we call upon the Treasury to allocate sufficient resources to ensure implementation of the New Labour Laws to the letter.

Let me take this opportunity to condemn the 10^th Parliament for refusing to pass a bill requiring the members of parliament to contribute to the exchequer.  This is a very bad trend and an example of bad governance because members of parliament are acting in their own interest rather than in the interest of those that elected them.

The trade union must fight to ensure that there is equal treatment for all working men and women and that every working man and woman pay taxes be they Ministers, members of parliament, Councilors or Public servants.

With these few remarks, I wish you fruitful deliberations and invite the Chief Guest to make key note address and officially open the workshop.

Thank you

Speech delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), at  the Evaluation Workshop for the ACILS/COTU (K) Paralegal Training held at Lenana House, Nairobi on 18th September, 2008:

Hon. Justice Stewart Madzayo, Judge of the Industrial Court;

Hon. Justice Isaac E.K. Mukunya, Judge of the Industrial Court;

Brother Rick Hall, Country Director, American Center for International Labour Solidarity, ACILS;

Sister Judith Guserwa, COTU (K) Legal Advisor/Lawyer;

Brother Isaiah Kubai, Executive Board Member COTU (K);

Resource Persons Present;

Brother Kennedy Wachira, American Center for International Labour Solidarity, ACILS;

Participants,

Invited Guests,

Brothers and Sisters,

I take this opportunity on behalf of the entire Executive Board of COTU (K) and on my own behalf to welcome you all to this evaluation workshop.

Paralegal training continues to draw massive excitement among trade unionists and today, it remains the single most sought after course, more importantly because the course seeks to address matters of justice for our members who are aggrieved.

We continue to hold such trainings very close to our hearts and this has since enhanced and improved the majority of our trade union leaders’ ability to present cases in the Industrial Court.

Apparently, the course has not only concentrated on legal training but has gone further in the field of practice where participants have been exposed to court procedures.

Brothers and sisters, these courses have demystified the Industrial court representation and created capacity to participants to make submissions to this court with courage and confidence.

The participants to this course went through a careful selection process and I am happy to report here that the majority of the participants have indeed improved on the quality of presentation to Industrial court.

I will take this opportunity to call upon our affiliated unions to take advantage of these trained Brothers and Sisters in making submissions at the court.

Let me also thank the resource persons that designed the curriculum to this course and those that facilitated during the different sessions for their commitment and determination.

Special thanks go to the Honourable Judges that took time out of their crowded schedules to come and join our participants in this very important course.

Legal education is very important for the trade unionists to keep a breast with the legal reforms especially with the recent review of the labour laws. 

In this regard, I am glad to learn that apart from the Industrial Court procedures, an overview of the reviewed labour laws was adequately covered during the training.

COTU (K) fully supports the implementation of these labour laws in the form they are and l believe that soon after the final formulation of rules and regulations to these laws are finalized by Social partners, it would smoothen the implementation by all.

As we have always done,  we call upon the employers to proceed with speed and cooperate in implementing these five new Acts of the Labour Laws other than rushing into alternatives to the laws which will eventually derail and frustrate the Industrial Peace this country has enjoyed over the years.

I urge all those who have participated in these trainings to remain steadfast and focused towards defending these laws to the hilt at every opportunity including right inside our Industrial Court and ignore any calls aimed at only causing confusion in the industrial relation practice.

At the same time, due to the spirited value we attach to this paralegal training, we are in the process of making it part of the regular training courses at the Tom Mboya Labour College so that more young and upcoming trade union leaders can benefit.

Let me appreciate the assistance we have been receiving in mounting this course from the American Centre for International Labour Solidarity which is the International arm of the American Federation of Labour and Congress of Industrial Organization,   (AFL CIO).

Through our long standing cooperation, we have not only been able to run this paralegal course but we have also run activities jointly in organization and recruitment, elimination of trafficking in persons, elimination of  Gender based violence and negotiations.

I believe that our continued cooperation will foster the much needed capacity among our affiliates and strengthen the trade union movement in Kenya.

As an evaluation workshop, l believe that the achievements for the previous trainings and the outcome will be assessed so that any challenges or obstacles identified would be dealt with for the purpose of improving any future training.

Have fruitful deliberations as I now declare the workshop officially opened.

Thank you.

Remarks delivered by Bro. Francis Atwoli, MBS, Chairman of the Trade Union Federation of Eastern Africa, TUFEA and Secretary General of Central Organisation of Trade Union, COTU (K), during the Occasion of Saint John The Baptist and the Commencement of the Armed struggle of the People of Eritrea held at The International Casino Nairobi on 7th September, 2008:

Your Excellency Ambassador Saleh Umar, The Ambassador of the State of Eritrea;

Your Excellencies the Ambassadors and High Commissioners present;

Distinguished Guests;

Brothers and Sisters,

It gives me great pleasure on behalf of the Trade Union Federation of Eastern Africa, The Central Organization of Trade Unions and all the workers that the two organizations represent to be with you today during this important celebration in the calendar of the State of Eritrea.

Let me take this opportunity to sincerely appreciate your invitation and pass my warmest regards to all the Eritrean people on this important day.

Brothers and Sisters, our gathering here presents us with yet another opportunity to reflect on the struggle that the people of Eritrea had to endure as well as the achievements already realized since the country’s Independence on the 24^th May 1991.

I have personally visited Eritrea on a number of occasions and I can affirm to you that Eritrea portends of a country with just so great a potential and despite having one of the least population on the continent of slightly over 5 million people,  its life expectancy is rated at 60 years which is exceptional by any world standards.

The country’s economy is rated second to none on the continent with its legal tender, the Nakfa rated as one of the strongest on the continent with a US Dollar equivalent to 15 Nakfa a rate that is far much higher than most African countries that attained independence over 50 years ago.

Brothers and Sisters, among the world’s Presidents, Eritrean President His Excellency Isaiah Aferworki is the only President whose government recognizes and respects with dignity the Labour Movement.

The President has personally taken upon himself to be as close as possible to the Labour Movement and will even go further to have audience with Labour Leaders from outside his country without the usual bureaucracies and appointments common with most world leaders who view the Presidency as a reserve of the few.

This down-to-earth manner in which the Eritrean President has led his country continue to drive the country’s economy to even higher competitive status.

The infrastructural development together with prudent  physical and monitory management of the country’s economy has placed the country top on the continent despite being one of the youngest democracies on the continent having attained independence 17 years ago.

During one of my visits, I was able to travel from Asmara to one of the beautiful towns located 2500 feet down known as Masawa.

I wish to challenge the rest of the leaders on the continent to visit Eritrea and be able to witness the state of a country I am talking about, the wonders in it and the level of development already achieved in a span of few years Eritrea has been independent.

Further, across the continent, it is now evident that the rich African culture that brought the people of Africa together as one people has been eroded and now we are all busy trying to ape foreign strange cultural practices which have no ties with us as a people.

However, Eritrea has positioned itself as a country that finds pride and continues to impress its rich cultural practices.

Despite the influx of Tourists in the country due to its rich tourists attractions and sceneries that have remained unique on the continent, the people of Eritrea have never been intoxicated as witnessed elsewhere in other countries on the continent.

During one of my visits, I was able to take a boat ride to one of the rich Islands in the country and the rich cultural endowment could still be evident on this Island.

The Eritrean people have learnt to do their own things in their own ways unlike most countries who despite having such unique features, they would prefer to adopt the West’s way of doing things which has ended up being a disaster.

However, as workers just like the rest of the world would love to see this beautiful country enjoy a peaceful coexistence with its neighbours.

Particularly, this peace should extend to Ethiopia despite the earlier struggle and animosity between the two countries since the whole world now recognizes Eritrea to be an independent state and self governed country.

On today’s celebration, it is important to note that the occasion of Saint John the Baptist is based on the principle of honesty and integrity whereby in the modern world, these principles are defined as Transparency and Accountability respectively.

Apparently, these are values that have remained the driving force for every Eritrean and whereas most countries have time and again failed to embrace these key values, the State of Eritrea has remained an envy of many in these two areas.

The Eritrean story Brothers and Sisters, tells us that as Africans we can always embrace our own cultures and traditions to develop our respective countries and the continent at large rather than ape the patterns and behavior of our former colonial powers from the West.

Since Independence, Eritreans can never afford to forget the sacrifice of a dozen and a half of valiant Eritrean under the leadership of Hamid Idris Awate who took it upon themselves and were the first people to risk their lives and limb to trigger an all out armed resistance on 1^st September 1961.

It is for this reason that September 1^st remains a symbol of Eritrean struggle for independence signifying the day the first patriotic Eritreans fired the first bullet.

Known also as Bahti Meskerem in the local language, it further marks the day that heralded the absolute determination of the people of Eritrea to wage an armed struggle including whatever other means necessary to reclaim their national independence that was denied to them for over 20 years.

Today, Brothers and Sisters, Eritrea’s independence can be defined as a gusty begging in 1961, a happy and victorious ending on the Independence Day of 1^st September and a tragic human consequence that is the Marty’s day June 20^th.

However, these three holidays cannot be identified in isolation and although the people made history, the same history remains cruel as it cannot be erased.

This very day belongs to all Eritreans irrespective of their political or religious affiliation and it is a day that must be utilized to unite the country and foster the values of independence.

As we join you in celebrating this important day, it is my hope that the relationship between our two countries will be even stronger.

The move will result in more employment creation for our countries and subsequent improvement of the living standards of our people as well as the attainment of our   ultimate aim as African countries which is self-reliance.

Once more, I thank  Your Excellency for the honour you have bestowed upon me and the Kenyan workers by this invitation.

I wish you all the best as you celebrate this auspicious occasion.

I Thank you.

Opening Speech by Bro. Rajabu Mwondi, Chairman General of Central Organisation of Trade Union, COTU (K), at the ITUC/COTU (K) EPAs Seminar held at The Stanley Hotel, Nairobi between 4th - 5th September 2008:

Distinguished Guests,

Brothers and Sisters,

On behalf of the entire Executive Board of COTU (K) and on my own behalf, l take this opportunity to welcome you all to this important workshop.

This seminar is timely as it addresses the Economic Partnership Agreements that are bound to affect the lives of all the working men and women in developing countries.

Brothers and Sisters, the EPAs has three main elements that makes it different from the earlier conventions that include the Yaounde Conventions and Lome Conventions and these elements are Reciprocity, Regionalism and Equal Treatment.

We in the trade union fraternity are indeed concerned with these developing trade agreements which form part of the Cotonou agreement.

Our concern as trade unionists relates first to the loss of Government revenue through removal of tariffs.  In Kenya alone, it is estimated that the government might lose up to Kshs.6Billion by the time the EPAs are signed and this will delay our government Revenue that might be used in provision of essential services to Kenyans.

Further, we are concern with the closure of local manufacturing ventures especially small and medium size Enterprises as a result of competition from cheap subsidized imports as this will lead to job losses, poverty and loss of livelihoods.

The dumping of cheap agricultural surpluses from industrialized countries will threaten the viability of agriculture and Africa processing industries particularly for small scale farming sector.

The trade unions Brothers and Sisters are indeed concerned that if the EPAs are signed in the current form, basic social services in African Carribean and Pacific, ACP, countries will end up in the hands of multinational companies as a result of selling essential public utilities to multinationals under privatization which is a key element of E.P.As.

The EPAs are bound to reduce trade between African Countries as opposed to promoting regional intra trade and at the same time there will be increased competition between neighboring countries of the region to attract investment participants.

Once signed, EPAs will expose local companies who derive their income from government contracts to competition from European companies for government tenders which will now be mandatory to be advertised globally.

Given the negative effects the EPAs might have on African Caribbean Pacific Countries, COTU (K) appeals to the Government to postpone the full signing of these Agreements.

The government should built capacity among trade unionists to be able to participate effectively in trade related negotiations and at the same time we call upon the African countries to ensure that trade unions are part of their negotiating teams on trade.

Our rights and Decent Work Agenda must be squarely addressed in the EPAs.  The trade unions demand that African countries should strive to add value to the commodities they export to attract higher prices for the exporters.

Finally, COTU (K) is grateful to the International Trade Union Confederation, ITUC Brussels for organizing and supporting this two-day workshop intended to build capacity in trade negotiation and understanding of the EPAs.

We would appeal to the organizers to have continuous awareness creation activities to enable the trade union leaders participate more effectively in the global negotiations and debates.

With those few remarks l wish you fruitful deliberations.

Thank you.

Remarks delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), during the 50th Anniversary of Kenya Chemical & Allied Workers Union held at The Intercontinental Hotel, Nairobi on 11th August, 2008:

Hon. John Munyes, EGH, M.P., Minister for Labour & Human Resource Development;

Bro. Rajabu W. Mwondi, Chairman General of COTU (K);

Bro. Cornel Ogutu, Treasurer General of COTU (K);

Bro. John Oduma Mlanya, The National Chairman, Kenya Chemical and Allied Workers Union;

Bro. Were Dibo Ogutu, The National General Secretary, Kenya Chemical and Allied Workers Union;

Invited Veteran Trade Leaders;

Representatives of International Trade Secretariats;

Ambassadors;

Sis. Rachel Lumbasyo, The Managing Trustee of National Social Security Fund;

Director of National Hospital Insurance Fund;

Senior Civil Servants Present;

His Worship the Mayor of Nairobi City Council, Cllr. Geoffrey Majiwa;

Brothers and Sisters,

It gives me great pleasure on behalf of Central Organization of Trade Unions, COTU (K) Executive Board and on my own behalf, to express my deep appreciation to the organizers of this 50^th Anniversary Jubilee of the Kenya Chemical and Allied Workers Union.

The Trade Union movement in Kenya has witnessed two important historical periods, namely, the Kenya Federation of Labour and the Central Organization of Trade Unions (Kenya) periods.

To discuss the two periods, one must bear in mind that though the two organizations share common feature of being workers national trade union centres, they have different backgrounds.

The early part of our trade union history witnessed hostile attitude of the colonial rule which did not want to tolerate specifically African trade unions.

Many unions which were formed were banned for one reason or the other.

This trend culminated in the banning of the East African Trade Union Congress on 15^th May 1950 a year after it had been formed by Makhan Singh and Fred Kubai.

The two leaders were at the same time arrested and charged with being officers of an illegal trade union.

To show the continued resilience of Kenyan workers, which despite hostile atmosphere never gave up their struggle, in the same year 1950, Aggrey Minya formed the East African Trade Union Consultative Central Council.

The council was later renamed the Kenya Federation of Registered Trade Unions.

Fearing that the new Trade Union Centre may as well be refused registration and banned like it happened to the East African Trade Union Congress, Minya acted swiftly to have the  Kenya Federation of Registered Trade Unions constitution written.

A copy of this constitution was immediately sent to the International Confederation of Free Trade Unions Headquarters in Brussels with application for affiliation.

On receipt of the application, the International Confederation of Free Trade Unions affiliated the Kenya Federation of Registered Trade Unions and sent its representative to Kenya on fact finding mission.

This development helped to stop the Colonial Government’s harassment of trade unions in Kenya.

Immediately thereafter the Kenya Local Government Workers Union affiliated to Kenya Federation of Registered Trade Unions with Tom Mboya as its General Secretary.

Aggrey Minya, who was already having problems in Kenya Federation of Registered Trade Unions was replaced and Mboya was elected General Secretary in September, 1953.

Later, the Kenya Federation of Registered Trade Unions changed its name to Kenya Federation of Labour.

On 20^th October 1952, the Governor, Sir Evelyne Baring declared a state of Emergency in Kenya.

It was soon followed by the arrest and trial of Jomo Kenyatta and other leaders.

This provided the Colonial Government with the best opportunity to control the growth of the Trade Union Movement in Kenya.

Fortunately during the Emergency period, the Kenya Federation of Labour managed to survive for two reasons:

The Kenya Federation of Labour International allies influence; and

Because of the moderate course the Kenya Federation of Labour followed, combined with its proven value as an effective labour mouthpiece under Thomas Joseph Mboya’s leadership.

The Kenya Labour Movement was a key factor in the establishment of the nationalist movement.

On Saturday 24^th April 1954 in the morning, Operation Anvil was staged by the Colonial Government in which 35,000 African men and women were arrested and detained.

The Kenya Federation of Labour’s office was raided and searched and one Jonathan Njenga from its offices was shot in the hip while 39 Trade Union Leaders were arrested and detained.

This prompted the International Confederation of Free Trade Unions to send its representative to Kenya to plead with the colonial government for the case of the arrested and detained trade unionists who were members of the Kenya Federation of Labour and which had been recognized by the International Labour Organization.

Brother Jim Bury, a Canadian represented the International Confederation of Free Trade Unions and later was appointed its representative in East Africa.

As the trade union movement continued the search for formal industrial relations’ machinery for disputes settlement, in 1956, discussions between the Association of Commercial and Industrial Employers and the Kenya Federation of Labour were initiated.

Professor Rogers, Dean of Faculty of Commerce at the Royal Technical College Nairobi (now University of Nairobi) played an important role in the introduction of the project for setting up a voluntary negotiation system in Kenya.

The project was envisioned to be supplementary to the existing Trade Disputes Arbitration Ordinance and later to supersede the very industrial regulations set up by the colonial Government.

As a first step, a joint consultation report was prepared with some broad principles for co-operation between the trade unions and employers’ organizations.

The discussions marked the beginning of active positive moves in search for ways of establishing formal industrial relations machinery in Kenya, with Mboya as the chief negotiator for the Kenya Federation of Labour.

However, it was not until 1957 when formal industrial relations practice was agreed upon.

Before this date, employers and workers had been locked up in a struggle that centred on the recognition of trade unions.

Following the 1957 agreement, in 1958 Kenya Federation of Labour and the Federation of Kenya Employers met and agreed on the Demarcation Agreement

This Agreement set out clear representation of unions in the industries hence creating industrial trade union structures.

And in 1961, a Memorandum of Agreement was signed establishing the National Consultative Council as a precursor to the Industrial Relations Charter signed on 15^th October 1962.

Despite the problems which the Trade Union Movement faced, growth was recorded between 1956 and 1962.

In 1953 the Kenya Federation of Labour had seven affiliates and by 1960 the year that emergency was lifted the number of affiliates had gone up to twenty eight.

Bro. Were Ogutu Dibo was elected as the General Secretary for the Chemical and Allied Workers Union on 4^th June 1959.

Ogaye Ochola Mak’Anyango became the General Secretary of Petroleum and Oil Workers Union.

It is important to note further that Brother Ogutu also served as Treasurer General of COTU (K) between 1976 and 1991.

The ability of the Kenya Federation of Labour leadership manifested itself on the 3^rd March 1955 when 6,000 Mombasa Dockworkers went on strike.

In the opinion of the Government, the strike showed the 1947 pattern of spreading to other public services.

Already the strike had spread to 14,000 other workers in Mombasa.

The violence threatened and negotiations were difficult because the employers and Labour Department did not know who to talk to.

Then Mboya arrived to assist and managed to divert an employer’s ultimatum and persuaded the workers to return to work when a hearing before a Special Arbitration Tribunal was agreed upon.

The strike was successful and the Tribunal award raised the minimum monthly wage from £5 to £7 averting violence.

This was the first case to be handled by the first Tribunal ever appointed under the Trade Disputes Arbitration Ordinance and the first time a trade union leader had personally represented the workers in the settlement of a strike dispute.

This achievement to the Trade Union movement made the labour movement the mouthpiece for the Africans both politically and in the industrial relations field.

However, as the country was preparing for independence, a serious rift developed into the Kenya Federation of Labour adversely affecting the whole Trade Union Movement.

This divided the movement into two groups with one group breaking away to form the Kenya African Workers Congress.

In April 1962, Tom Mboya was appointed Minister for Labour in KANU-KADU Coalition Government.

As a result of this, Peter Kibisu, the Kenya Federation of Labour Vice President was appointed Acting Kenya Federation of Labour General Secretary.

The relations between the Government and the Labour movement were intensively cordial.  

However, in the latter part of 1962 when a wave of strikes threatened the country’s economy, the Government intervention sparked off political struggle between the trade unions and the Government.

By February 1964, the situation had deteriorated to the extent that the Kenya Federation of Labour was planning to sponsor its union candidates to oppose KANU candidates in the forthcoming General Elections.

The disagreement also brought into play the continental Pan African politics.

The radical Pan African group in Kenya Federation of Labour demanded a change to Kenya Federation of Labour policy of continued affiliation to International Confederation of Free Trade Unions.

The Pan African politics had been polarized into two groups at continental level namely, the Casablanca group led by Kwame Nkrumah of Ghana and the Monrovia group led by Tom Mboya.

The disagreement culminated in a local incident in Mombasa branch office of the Distributive and Commercial Workers Union in April 1965.

When this branch was conducting its branch elections, Joseph Mugalla, the then Branch Secretary of Mombasa Branch, refused to hold elections in the open.

This led to union members forcing their way into the office where a fight ensued and three people died.

The incident elicited swift Government intervention which led to the appointment of the Presidential Ministerial Committee on 23 June 1965 to look into labour problems in Kenya.

When the committee submitted its report and findings, the Government dissolved both the Kenya Federation of Labour and the Kenya African Workers Congress as was recommended in the report.

It further ordered the formation of the Central Organization of Trade Unions (Kenya) in 1965 to function under Government control.

The Attorney General proceeded to write the first COTU (K) Constitution incorporating the Ministerial Committee recommendations which undermined workers freedom of association.

The Government having imposed unity between Kenya Federation of Labour and Kenya African Workers Congress leadership into COTU (K), the unity did not work.

However, it later became clear that those with dissenting voices could not be reconciled either within KANU or COTU (K).

To quell trade union opposition, the Government in 1966 enacted the Preservation of Public Security Act, 1966 which it used to purge those with dissenting views from COTU (K).

The Preservation of Public Security Act was used to detain several people with dissenting views e.g. James Denise Akumu, Ogaye Ochola Mak’Anyengo and Vicky Wachira among others.

Through the continued presence of the Preservation of Public Security Act and the use or threat to use force, the Kenya Government wanted trade unionists to remain loyal under its control.

A part from this, the method of patronage had equally been used by the Government to tame unionists with dissenting views.

As the trend of interference in internal trade union affairs continued, in October 1969 the Government ordered the disaffiliation of the Kenya National Union of Teachers and the Kenya Civil Servants Union from COTU (K) without giving any reason at all.

The two unions were the largest COTU (K) affiliates at the time.

Disaffiliating them meant denying COTU (K) a substantial income and leadership which the two unions provided to the National Trade Union Centre.

Indeed the move was also aimed at destroying workers solidarity. 

The government interference has in many cases continued unabated.

A case in point  is the incident of July 2^nd 1993 when Government used heavily armed Police to cancel constitutionally convened meeting of the Governing Council of COTU (K).

The meeting had been convened to discuss workers demands for wage increases.

But when delegates turned up for the meeting at Solidarity Building on July 2^nd, they found the building under police occupation and they were told the meeting had been cancelled and ordered to go away.

On the same day however, the Government colluded with some COTU (K) officials and sympathizers of the Government to hold a secret meeting purportedly of COTU (K) Governing Council at the Kenyatta International Conference Centre supervised by senior officials of the Ministry of Labour.

The meeting elected new COTU (K) office bearers with Johnson Ogendo as the new Secretary General to replace Joseph J. Mugalla who for the first time was elected on the 26^th December 1986.

The new officials prepared and presented to the Registrar of Trade Union forms for change of names under section 38 of the Trade Union Act.

The Registrar accepted the change of names and effected the changes immediately not withstanding that by then he had received a letter from Mugalla’s Advocates on record objecting to the registration of any change of names.

Joseph Mugalla’s Advocate argued the case based on its merit and illegality, as the meeting that saw Ogendo’s election was unconstitutional, ultravires and uncalled for simply because it was a Government sponsored meeting.

Joseph Mugalla won the case, and was reinstated as COTU (K) Secretary General until his retirement from the Trade Union movement in the year 2001.

In the period running up to Mugalla’s “coup” COTU (K) had shown its intention to amend its constitution to remove the 1965 imposed regulatory control clauses.

These clauses included particularly those which provided for Government membership to COTU (K) governing organs and for the President of Kenya to appoint Secretary General, Deputy and Assistant Secretary Generals of COTU (K).

These imposed controls seriously weakened the trade union movement, and undermined workers freedom of association.

It would therefore appear that the “coup” was an indication that Government wanted to maintain those outdated imposed controls against the wishes of the workers and as it is practiced elsewhere globally.

We however hope and that trust in future the Government will respect workers wishes and where necessary use existing consultative machinery to talk to workers to avoid incidences of interference into the internal affairs of trade unions.

It is our current regime that extensively amended and removed all those undemocratic clauses in COTU(K)’s constitution to meet the international requirements of free and democratic trade unions.

We need understanding in the interest of continued industrial peace so that we can continue the good work that was done by our predecessors.

Thank you.

Closing Remarks by Bro. Francis Atwoli, MBS, the Secretary General of Central Organisation of Trade Union, COTU (K), on the occasion of Closing Maternity Protection Workshop  held at Kenya Institute of Education between 4th and 6th August, 2008:

Ministry of Public Health and Sanitation Officials

Representative of Non Government Organisation

Representative from the UNO fraternity

Resource Persons

Participants

Ladies and Gentlemen,

On behalf of the COTU (K) Executive Board and on my own behalf, l take this opportunity to thank the organizers of this workshop for inviting COTU (K) to participate and officially close the workshop.

I have been informed that this workshop is part of the activities that mark the World Breastfeeding Week.  The theme of this year’s Breastfeeding Week is mother support:  Going for gold. 

Chairperson, in Kenya more and more women are joining the Labour Market.  This means that the Workplace must be designed in a manner that the needs of Women are taken on board.  COTU (K) as a National Trade Union Centre has always fought for Decent Work and better working conditions.

Chairperson, the objective of this sensitization workshop is to create awareness among Stakeholders on the need to support the Women and Maternity Protection legislation as a key Strategy of Child Survival and Women Health.  COTU (K) has been in the fore-front in spearheading the Maternity Protection Legislation and the Ratification of the International Labour Organisation Instruments.  (The Convention 183 on Maternity Protection).

At this juncture let me thank the President of Kenya His Excellency Mwai Kibaki for assenting to the Five labour laws that had been passed by the 9^th Parliament.  COTU (K) takes this opportunity to sincerely thank the 9^th Parliament for enacting the five labour laws that included extension of Maternity leave to three months together with a paternity leave of two weeks.

The five laws assented to by the President were.

1.    1. Labour Institutions Act

2.    2. Employment Act

3.    3. Labour Relations Act

4.    4. Occupational Health and Safety Act

5.    5. Work Injury Benefit Act

Apart from the maternity leave COTU (K) has always urged its affiliated union to include breastfeeding time off in their Collective Bargaining with employers so as to allow the breastfeeding mothers time off to attend to their babies.  I’m glad to note that here that some of our affiliates have included breastfeeding time off in their CBAs.

The success of Maternity leave and breastfeeding at the workplace will entirely depend on the Social Dialogue between Trade Unions and employers.

I take this opportunity to appeal to our Social Partners to Corporate with the trade unions to ensure that mothers are given breastfeeding time off as they are playing a very important role of ensuring child survival and availability of future manpower.

Of course maternity Protection, Maternity leave and Paternity leave come with costs and responsibilities.  I would appeal to our social partners namely employers and government to work out modalities on how the maternity protection benefits are implemented.

We at COTU (K) have received reports that after the passing of the bill extending Maternity leave some employers are discriminating against women employees.

At COTU (K) we advocate for gender equality in occupation and employment and no one should be discriminated on gender basis.  The laws of Kenya and the ILO Convention III outlaws discrimination and any employers who engage in discriminating workers on Gender, religion or Political affiliation risks prosecution.

COTU (K) calls upon the Government of Kenya to ratify the Maternity Protection Convention no 183 that guarantees employment protection and non discrimination during and after Maternity leave.

We call upon our social Partners to desist from terminating women workers employment on account of Maternity leave.  We have received reports that female workers who proceed on maternity leave in some enterprises especially in the Export Processing Zones have had their Employment terminated.  This is unfair labour practice that employers should refrain from because they risk legal action by employees and their organisation.

Finally, I believe all the participants have benefited from this workshop and they will go back to their organizations and enterprises and lead the campaign on Maternity Protection and Breastfeeding.

In conclusion let me thank the organizers of this forum and those sponsors for making it possible to sensitize stakeholders on this very important topic on Maternity Protection and Breastfeeding. 

I thank the participants and Resource Persons for their participation and hope that they will be good ambassadors in sensitizing others on what they have learned at this workshop.

With these few remarks l declare this workshop closed.

Thank you.               

 

Remarks by Bro. Francis Atwoli, MBS, the Secretary General of Central Organisation of Trade Union, COTU (K), on the occasion of World Breastfeeding Week Media Breakfast held at Hotel Intercontinental Mara South Room on 1st August, 2008:

Hon. Beth Mugo, M.P., Minister, Ministry of Public Health and Sanitation

Dr. James Nyikal, Permanent Secretary in the Ministry of Public Health and Sanitation

Dr. David Okello, WHO country Representative

Noreen Predaville, Unicef Representative.

Dr. S. K Shariff Head, Technical services

Dr. Salim DHP

Mothers

Invited Guests

Brothers and Sisters

On behalf of the COTU (K) Executive Board and on my own behalf l take this early opportunity to thank  the organizers of this event for according COTU (K) this opportunity of sharing information on maternity protection and specifically on employment and workplace support to breastfeeding.

Let me begin by thanking His Excellency the President of the Republic of Kenya for assenting to the reviewed Labour Laws and the 9^th parliament for acting the revised Labour Laws.

COTU (K)’s cardinal role is to continuously improve the working men and women for a long time COTU (K) has fought for the review of the Labour Laws and l’m glad to say here that at least five of the Key Labour Laws were enacted in October, 2007 and these include:

1. Labour Institutions Act
2. Employment Act
3. Labour Relations Act
4. Occupational Health and Safety Act
5. Work injury benefit Act

Among the issues COTU (K) has been fighting for is maternity protection.  I’m glad to note that the revised Labour Laws grants three month of maternity to women and at least 2 weeks for paternity leave for fathers.

After the three months we have always advised our affiliated unions to negotiate for breastfeeding time so that mothers can be able to take care of the new born babies.  Some of our trade unions have successfully negotiated breastfeeding time off and even paternity leave.

The success of breastfeeding at the workplace will rely on the dialogue between trade unions and employers.  Trade unions in their fight for decent work should press for not only breastfeeding time but also encourage employers to establish day care centres for mothers with young children.

We at COTU (K) have received reports that  some employers have started discriminating women workers on account of improved maternity leave and some employers have dismissed women who go for maternity leave.

Such employers should know that discrimination is a violation of human rights and any employer engaged in malpractice should refrain because they risk prosecution by the trade unions.

It is important for both employers and trade unions to recognize the important role mothers are playing in national building and they should be accorded all the support they need to ensure child survival.

COTU (K) will continue in its quest for decent work.  COTU (K) will ensure that there are strategies in place and rules and regulations to implement the new labour laws.  COTU (K) will also continue engaging employers and the government in policy formation that will foster economic growth and improve quality of life for the majority of workers.

Among the policies that COTU (K) will appeal to the government to implement a medical insurance scheme  for all Kenyans.  The majority of Kenyans have difficult accessing health and medical services due to the costs involved.

Finally, let me thank the organizers of this meeting for inviting COTU (K) to come and share our experiences in  maternity protection.

We appeal to the Grand coalition government to consider ratification of ILO Convention 183 on maternity protection.

With these few remarks l wish you fruitful deliberations that will add value to the quality of life for the majority of the working men and women.

Thank you.

Remarks by Bro. Francis Atwoli, MBS, Chairman of East African Trade Union Confederation and Secretary General of Central Organisation of Trade Union, COTU (K), during the Opening Conference on Harmonization of Labour Laws in East Africa held at Peacock Millennium Towers Hotel, in Dar-es-salaam, Tanzania between 15th to 17th July, 2008:

Hon. Prof. Juma Kapuya, Minister of Labour, Employment and Youth Development,

Brother Nestory Ngulla, Secretary General of TUCTA,

Brother David Nkojjo, Chairman General of NOTU,

Brother Khamis Mwinyi Mohammed, Secretary General of ZATUC,

Sister Ssentongo, MP- Uganda,

Dr. Mohammed Mwamadzingo, ILO Geneva

Mr. Jurgen Schwettmann, ILO Area Director

Brother Eric Manzi, Secretary General of CESTRAR,

Representative from COSYBU,

Brother Emmanuel Nzunda, EATUC – Executive Secretary

Governments’ Representatives,

Employers’   Representatives

EAC Representative,

Trade Union Colleagues,

Brothers and Sisters,

It is my great pleasure to take this opportunity on behalf of EATUC and on my own behalf to cordially welcome you all to this important regional conference particularly to our Chief Guest the Honourable Minister for Labour for finding time to be here with us despite his heavy and demanding schedule.

Our presence here today in this beautiful City is a testimony to the EAC and its partner states on the joint commitment towards the realization of an all-inclusive East African Community.

Allow me to extend on behalf of EATUC my warm welcome to employers' and governments’ representatives, EAC, ILO and trade union representatives who are key social partners in the areas of labour and employment.

Honourable Minister,

It is in EATUC’s view that the East African region should attach great importance to the issues under the sector on Facilitation of Movement of Persons, Immigration, Employment, Labour and Refugee Management.

Regional integration cannot be realized if labour and employment issues are not attended to and harmonized particularly considering the central role of labour to economic growth and development in our young regional economies.

It is against this backdrop that we should have a common approach to labour and employment matters in the region, including the standardization of certain processes as well as the discussions on the possibilities of harmonizing our labour laws in East Africa.

Honourable Ministers,

Inter-state labour mobility has been associated with our economies since the colonial days but there are some dimensions which are now viewed as problematic in the labour markets of the EAC partner states.

It is true that, there are problems which are associated with the free movement of labour, but it is our challenge as social partners to come up with proposals to address these issues for our mutual understanding and benefit.

We the trade union movement in East Africa  have come up with our proposal on the Free Movement of Persons, Labour, Services, Right of Establishment and Residence in East Africa which will be presented and discussed in this forum.

We are aware that the five EAC states have started the negotiations for the establishment of the East African Common Market aimed at easing the flow of trade, capital, services and free movement of persons among the five states of  Kenya, Uganda, Tanzania, Rwanda and Burundi.

The talks opened in March 2008 in Kigali, Rwanda with strong expressions that the December 2008 deadline for the conclusion of the common market deal should be achieved.

We are also aware that during the High Level Task force meeting in Rwanda, issues concerning the  free movement of workers and self employed persons were discussed and caused a hot debate between negotiating countries as they did not agree on the categorization of workers to be granted free movement.

That is why we have been demanding for the involvement of key social partners, the trade unions and employers, in the on-going negotiations especially in the areas of labour and employment.

Each problem bothering the people in East Africa, ranging from poverty, unemployment, diseases, illiteracy, political strife etc, presents an opportunity for trade unions and other social partners to offer a solution thereby bringing gains to the people of the region.

Honourable Ministers,

Let us all thoroughly seek to facilitate the negotiations on the EAC Common Market Protocol.

I would also like to call upon all the negotiators in the five EAC Partner States to unselfishly share their viewpoints and simply give their best in negotiating for the EAC Common Market Protocol that will lead to prosperity to all citizens in the region. 

EATUC urges the High-Level Task Force to work towards a consensus for a Common Market that will be beneficial not only for a few politicians and business class but for all citizens in order to realize a fully integrated East Africa Community.

Honourable Ministers,

The EAC Partner States are investing in the harmonization of various policies, labour legislation and investment codes with a view to deepen regional integration. The fact is that many of the deeper forms of regional integration incorporate policies and institutions focusing on employment, social security and protection, labour standards, human rights, gender equality and other social goals

It is against this background that there   is a growing need for the tripartite partners to have a complete understanding of harmonization of labour laws in the region as we are moving towards the establishment of the EAC Common market.

Honourable Minister,

I have no doubt that this tripartite Forum will contribute immensely to the improvement of our labour relations, the process of harmonizing labour laws in our region as well as to the on-going negotiations on the EAC Common Market Protocol.

I urge all social partners to make sure that the conclusions and recommendations which will be drawn from this forum are translated into policies and actions for implementation.

Finally and  on behalf of EATUC I would like to thank the LO- Norway for their continued support in strengthening EATUC and its affiliated organizations for them to engage the EAC and its partner states  to address workers’ and trade union issues.

Thank you.

The entire Speech delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), during the BSPS/COTU (K) Workshop for COTU (K) Executive Board Members on the Strategic Plan and New Labour Laws held at Tom Mboya Labour College, Kisumu,16th July, 2008:

Bro. Rajabu W. Mwondi,The Chairman General, COTU (K);

Bro. Cornel O. Nyang’un,The Treasurer General, COTU (K);

Top COTU (K) Officials present;

Members of the COTU (K) Executive Board;

Our Resource Persons including

Brothers William Langat and Jacob Omollo;

Sisters and Brothers,

I foremost greatly appreciate and express my gratitude to you, our Executive Board Members for your presence here today and the leadership and solidarity you have continued to exhibit in the labour movement.

As the Executive Board of COTU (K) with the constitutional mandate of pursuing and upholding the legacy of promoting the culture of social justice for the Kenyan workers, we function as a source of leadership and national guidance that will inspire and model the future trade unionists in this country.

COTU (K) constitution has a mandate to manage its organisation’s affairs as it remain consistent in ensuring that this country’s New Labour Laws are realized  and real.

Brothers and Sisters, the final enactment of the New Labour Laws for this country was characterized by hardwork, dedication and commitment by  the government and the trade union movement from its initial stages dating back May the year 2001 when the government appointed a tripartite task force to examine and review all our labour laws and make recommendations for appropriate legislations.

The subsequent spirited efforts and resolve by COTU (K) representatives to this tripartite task force led by Bro. Rajabu Mwondi the Chairman General, cannot be over-emphasized and as we sit here today to acquire the much needed competency and performance in the understanding and execution of these five sets of labour laws we are as well aware of the stiff opposition these labour laws face towards their implementation.

Though we had a clique of non-actors in Industrial Relations who had taken upon themselves to frustrate the implementation of these laws evoking various irrelevant constitutional issues and we managed to get these laws commenced on 2^nd June 2008 as we are all aware that their biggest fear was their loss of opportunities for exploiting the Kenyan workers as it was during the repealed Labour Laws.

Through your support, we managed to put in place an elaborate mechanism to counter these maneuvers and through our networks, we managed to outwit them not only on one occasion, but severally.

We are a pressure group and as opposed to Civil Society groupings, we carry a constitutional mandate to our electorate, the workers, within the framework of an independent and democratic trade union movement with enormous industrial relations machinery  and as a credible organization both locally and internationally, COTU (K) today enjoys quality and dynamic leadership that endeavours to fight to the hilt in ensuring that these Labour Laws remain in-situ.

It is upon your incumbent to make sure that all COTU (K) affiliates remain proactive in order to protect and invoke these new labour laws for the benefit of our members.

I am made to believe that this workshop is geared towards producing a document based on strategic direction for our organization.

Finally we thank and recognize the support we continue to receive from the government of Denmark through its Royal Danish  Embassy in Nairobi and we are grateful.

I now declare this COTU (K) Executive Board Workshop officially opened.

Thank you.

Remarks  delivered by Bro. George Odiko on behalf of the Secretary General Brother Francis Atwoli, MBS, during the  Regional Capacity Building Workshop on Forced Labour and Human Trafficking for Trade Union Leaders in Africa held at Panafric Hotel,,on 7th July, 2008:

Hon. Moses Wetang’ula, M.P., Minister for Foreign Affairs and International Relations

Hon. Sospeter Ojaamong, M.P., Assistant Minister for Labour & Human Resource Development;

Hon. William Chepkumo Kipkorir, M.P., Assistant Minister for Justice, National Cohesion and Constitutional Affairs;

Bro. Robert Monda, M.P., Chairperson Parliamentary Committee on forced Labour, Human Trafficking and Labour Migration;

Sis. Beatrice Wasike, The Permanent Secretary, Ministry for Labour & Human Resource Development;

Sis. Jacqueline Mugo, Executive Director F.K.E;

Bro. Kwasi Adu-Amankwah, General Secretary ITUC-Africa;

Bro. Rick Hall, East Africa Country Program Director, ASCILS;

Bro. Roger Plant, Head Special Action Programme Against Forced Labour, International Labour Organisation;

Brothers and Sisters,

It gives me great pleasure on behalf of the Central Organization of Trade Unions, COTU (K) Executive Board, the Kenyan workers and on my own behalf to take this opportunity to welcome you all including our Brothers and Sisters from outside Kenya.

We are all gathered here to exchange and build our capacity on a subject that is so close to our hearts as trade union leaders. Forced Labour and Human Trafficking is a globally known phenomenon.

Several studies commissioned by the ILO have explicitly shown that Human Trafficking has most often been linked to exploitation of Labour and modern day slavery.

It is worth noting that the ILO since its inception in 1919 inherited its mandate from social movements of the 19^th century where the concept of slavery was linked to indignation about colonial situations of employment especially on plantations and as early as 1923, the very first Director General of the ILO Albert Thomas, appeared before the International Court of Justice to support the right of workers exploited by their colonial masters.

Brothers and Sisters, the adoption of the elimination of all forms of Forced Labour as per the ILO Convention No. 29 of 1930 which provided the ILO and its social partners worldwide with a framework in which labour exploitation could be recognized, identified and eliminated. Further, the ILO Convention No. 105 of 1957 reinforced this resolve.

However, late in 1990s, labour, trafficking and the challenges of globalization had emerged and required commitment and immediate target action as now demanded by this workshop.

Trafficking on the continent has variously been driven by poverty and its predisposing factors, better life syndrome, civil unrest and armed conflict, labour market conditions, tourism and lack of effective anti-trafficking legislation which would address the enforcement of weak laws of immigration among individual countries.

However, the trade unions as grassroot workers’ organizations are uniquely placed to address these many root causes together with the relevant factors that have made most workers and general victims vulnerable to trafficking.

We have had integrated awareness programmes as trade unions arising from trafficking in our various workers’ education programmes including trafficking methods like forced adoption, slave trade, smuggling, prostitution, child trafficking, deception about conditions of work and outright abduction.

Apparently, this has become one of the fastest growing international illegal trade yet with very little documented evidence on the vice and with most African governments lacking any specific legislation to combat it in terms of prosecution, protection of the trafficked victims and prevention.

Amid this growing concern, the continent is now faced with unfair wages, increased unemployment, weakened collective bargaining on terms and conditions of service, organizing skills for trade unions, redundancies, tension in Industrial Relations, loss of skilled labour and Human Resource and low productivity.

These devastating effects of human trafficking on the continent’s Labour Market has to the contrary, continued to generate a whooping US$ 9.5 Billion annually for International organized crime which is second to trafficking in weapons and although initially it was viewed as a problem of the poor compared to organized crime, human trafficking involves much broader relationship among workers, unscrupulous employers, labour regulating agents and governments.

At the same time, globalization perpetuates trafficking in persons for exploitative labour practices with the global economy creating the push and pull factors for labour migration, increasingly forcing workers to leave their homes to find work.

However, as conditions of work and benefits erode under global economic policies, there are fewer social safety nets to catch vulnerable workers with an increasing shift from formal to informal economies and permanent to contract jobs.

All these are challenges we all as social partners need to carefully examine, co-ordinate and initiate comprehensive and integrated programmes to prevent and suppress the trafficking in persons and forced labour that protects the human rights and respect the dignity of trafficked persons.

We are presented in this workshop with a huge task that boarders on workers’ and general Human’s rights and whereas it is our goal to come up with serious policy-guidelines to our governments on Human trafficking and forced labour, we are duty bound as trade union leaders to supplement to the efforts being made by our governments to stop this evil menace.

Let us not loose our individual focus on combating the same in our own little ways.

Thank you and do wish you fruitful discussions.

 

The Speech delivered by Bro. George Odiko on behalf of the Secretary General Brother Francis Atwoli, MBS, during the  Opening of the Building and Wood Workers International Construction Network Meeting held at Silver Springs Hotel, on 2nd July, 2008:

It gives me great pleasure to have this opportunity to grace this important annual construction network meeting.

The construction Industry remains one of the key sectors that continue to experience a heavy demand on the International Labour Organisation’s core Labour standards and decent work, besides occupational Health and Safety requirements.

Apparently, the ILO articulates its response to this situation of workers in the Industry in its Decent Work Agenda whose primary goal is to “promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity.”

I am personally glad that through this network the workers in the sector will be able to share several priorities, and interests with particular attention to Africa’s social protection strategy, and the continent’s decent work deficits. 

The synergies with which we approach these opportunities for broader coherence and greater collaboration in the International system, bring together social and labour objectives with the dynamics of the global economy. 

The building Industry remains flexible and dynamic owing to the recent globalization processes accompanied by neo-liberal policies that seek to deregulate markets and promote free competition in a globalized world.

The BWI’s presence on the continent, and the relationship it has developed with the governments, employers and workers at both continental and International levels, together with its expertise in social policy protection in the world of work, and its record of developing and promoting Labour Standards; provide a powerful momentum for achieving ILO’s primary goal of decent work for all.

As workers, we want to see an environment where jobs are not only created as a general phenomenon, but where such jobs are decent and sustainable to enable workers access decent shelter, sound living and security as well as manage occupational health and safety issues, including the impact of HIV/Aids and its related stigma.

I encourage BWI participants present here today to openly share their insights, and simply give their best in generating the desired output which can then be translated into an integrated, time-bound operational plan that might enable BWI to have a clear direction in influencing the social dimensions across the world.

As COTU (K), we encourage broad-based networking sessions which should be used to create a shared vision of the desired future and align the vision of BWI’s activities to the aspirations of the Building and Woodwork’s Industry.

Let us occasionally revise our strategies to accommodate and address new emerging challenges, development priorities; and strategic thinking must be embraced as a norm in BWI’s affiliates.

Further, as we face these challenges posed by globalization, the issue of governance, economic restructuring, Regional Integration and technological changes to the general Human Resources Development, the issue of migrant workers and their rights should be addressed as well.

Colleague; we live today in an Integrated globalized world.  It is COTU (K)’s stand that the free movement of persons should not be curtailed.   However COTU (K) is against human trafficking and smuggling of persons which leads to the suffering of victims.

With those remarks l once again thank you most sincerely for your invitation and wish you fruitful discussions.

Thank you.

The Speech delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), during the  Workshop on Global Outlook: Globalisation and Regional Integration, Its Impact on Trade Union,at Tom Mboya Labour College, Kisumu,23rd June, 2008:

Invited Guests;

Brothers and Sisters,

It gives me great pleasure to preside over today’s opening of this yet another important workshop on globalization and regional integration that targets young trade unionists from our affiliate unions.

Globalization today remains the single most complex challenge to Human Capital Development drawing with it governance issues, economic restructuring, regional integration as well as technological changes.

Whereas Kenya’s economic challenges now and in the foreseeable future are creation of productive and decent employment targeting you the youths, and alleviation of poverty, the global market trends continue to frustrate this course.

Further, emerging economic and a changing social environment anchored on globalization that has as well been driven by neo-liberal policies and free trade have had serious repercussion for the trade union movement.

However, I am glad that this workshop is designed to address this trend by building the capacity of the young trade union leaders to think globally as well as strengthen your abilities in advocacy, communication, gender, managing organizational change and more importantly, Collective Bargaining, negotiation procedures and practices.

These are quite challenging areas of engagement within the trade union movement and the strategies that will be adopted upon the conclusion of this workshop will give you the impetus to face both global and regional issues like outsourcing of labour, contractual hiring, seasonal jobs, casual employment, restructuring of labour and regional harmonization of Labour Laws and the proposed political federation of East Africa.

These are indeed pertinent topics particularly with an estimated a half a million Kenyan youths joining the labour force each year that has since risen from 7.7 million in 1985 to now over 15 million currently.

The current estimates of employment however, outside the formal sector now stands at 75% of the total employment in Kenya with the accumulation of openly unemployed youths being the major contributor to the increased labour supply.

It is time the country took bold economic initiatives similar to the ones now taken by the African Union, AU and the United Nations Economic Commission for Africa in order for Kenyans themselves to create jobs not as a general phenomenon but jobs that are decent and sustainable to enable the young generation have the freedom to access decent shelter, sound living and security.

Apparently, youth development for employment creation remains a tall order for African governments. It is against this back drop that the trade unions have continued to campaign to ensure that individual countries develop home-grown youth policies owned by the youths themselves as well as the labour market players, the workers and employers.

I am sure you will eventually be the winners since as the country’s next generation of leaders, you have the strength and stamina to wither the storm ahead and emerge winners.

I want to take this opportunity to appeal to the coalition government of Kenya to work towards improving our economy through provision of incentives to both direct and indirect investment, including addressing the devastated and dilapidated infrastructure, security of our people and vigorously eliminate corruption and think a loud for purposes of providing employment to our youths instead of creating a Ministry of handouts to the youths of Kenya.

Finally, I take this opportunity to sincerely appreciate and thank the Fredrich Ebert Foundation, FES for its continued support to our labour movement as well as our resource persons that have been assigned to see us through this workshop.

I therefore declare this workshop formally opened.

Thank you.

The entire Statement delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), during the Plenary Discussions on the report of the Director-General and Chairman of the Governing Body on - ILO Programme Implementation 2008 - 2009 in Geneva, Switzerland, 10th June, 2008:

Mr. President, allow me to thank you most sincerely for giving me the floor to make this statement.

On behalf of the Kenyan Workers  and on my own behalf, I wish to welcome the Director General’s Report which provides a comprehensive overview of ILO performance and programme implementation for the Biennium 2006 – 2007.

While the Report is no doubt much longer than previous reports, it provides a much better picture of the organization of work for the period under review; thus making it more accessible for Delegates to offer informed decisions and policy guidance to the organization.

The continued integration of Decent Work into the work of multilateral agencies and regional groupings is welcome because it helps spread the gospel to more members besides bringing on board more resources to help and achieve the agendas goals.

In this regard the organization’s efforts to achieve greater policy coherence and increase support for Decent Work Agenda within Continental, Regional and National development strategies including improvement in the area of indicators and reporting mechanism will be critical to the initiatives’ success.

Mr. President, while the reporting framework using the integrated resource information system has improved on quality and depth of the report, we agree with the report’s observation that there is need to sharpen indicators to make them more measurable, strengthen outcomes and better use of the evaluation tools.

With regard to resource use, my Delegation notes that, just like in the previous Biennium, the bulk of resources for technical cooperation programmes have continued to come from donors as opposed to the regular budget. 

While this is appreciated, we feel it may not be sustainable in the long run, something which may jeopardize the achievement of the objective.

We also note that, although standards and fundamental principles and rights at work recorded a reduction of funding in the Biennium, overall, the objective received most funds, a trend which continued for sometime now.

We feel that, rising unemployment, income inequality and poverty which have been exacerbated by increased globalization, soaring oil prices and food shortage, calls for the organization to redirect more resources to strategic objectives No. 2 and 4.

Employment creation needs to be made the central objectives of macro-economic policies especially in the so called developing countries if we are to realize a shared and inclusive growth across all those who are involved in the production process.

However, for this to happen, we need to have strong workers’ organization, able to influence socio-economic and governance policies in their countries.  This must also be complemented by existence of developed institutions of social dialogue

Mr. President, my country has just emerged from the Post Election violence following the disputed December 2007 elections. 

While we acknowledge that the flawed electoral process was to blame for the chaos, we know that the main underlying causes of escalation of violence had to do with widespread inequality, unemployment and poverty among the labour force. 

These decent work deficits have persisted despite the economy registering an impressive 7% GDP growth in 2007.  This phenomenon of imbalanced growth is unacceptable.

If we have to build stable and peaceful nations, our experience should serve as an example to others on the need to foster a shared and inclusive growth.

Fellow delegates, our recently enacted labour laws whose review was financially and technically supported by the ILO have gone along way to engender equity and fairness in labour relations. 

However, a clique of non-actors in industrial relations who include among others the law society of Kenya (LSK) and Kenya Association of manufactures (KAM) have taken upon themselves to frustrate the implementation of these laws on grounds of alleged constitutional contradictions.

Mr. President, these are mere smoke-screens and the fear among those opposing the New Labour Laws is the loss of opportunities for exploiting workers which existed under the now repealed laws.

It is in this content that, we are appealing to the organization to avail further financial and technical assistance to help and ensure that the implementation of these laws is not derailed by these self-seeking organizations.

In the meantime we have called on some of our social partners who have also expressed some displeasure with some of the provisions of the laws to follow known channels of dialogue rather than confrontation to address such concerns.

This notwithstanding, the fact is that most of those opposing the laws were fully represented and participated in all stages of the review process.

I Thank you.

Speech by Brother Abubakar O. Kilwa, COTU (K) Executive Board Member delivered on behalf of the Secretary General Brother Francis Atwoli, MBS, during World Day Against Child Labour, June, 2008:

Invited Guests;

Brothers and Sisters,

On behalf of the entire Central Organization of Trade Unions, COTU (K) Executive Board, the Kenyan Workers and myself I take this opportunity to appreciate this key invitation for us to participate in this important day for all the children of the world, World Day Against Child Labour.

We are gathered here yet again to reflect on the past one year’s achievements as well as otherwise, towards the protection of one very important segment within our society, the child.

Today, the world demands to know the role we have played at individual, institutional and organizational levels towards providing an environment where the children of the world will be able to live in happily and with joy.

However, we stand here today stuck in the mud of child abuse and molestation, starvation and neglect, children living in a society that often turns out to be a monster to the very child it should protect.

This continues to undermine the bargaining power of the adult workers as child exploitation has often become rampant, future skilled manpower now threatened just as the subsequent physical injuries inflicted on these children remain for years.

Particularly, we stand here in a nation that no longer upholds its societal norms; a society that family values no longer matters when a father turns against a daughter and preys on her like a wild beast just as the boy-child remains insecure.

It is sad that if this is not happening, our children are in bondage, forced labour, prostitution particularly within the coastal region, pornographic performance or in drug trafficking on behalf of their masters ready to wreck in billions in exchange.

This continues to be some of the most serious challenges facing the Kenyan child with socio-economic dimensions and unless deliberate efforts are taken to address the same, we are breeding a generation whose future is bleak.

However, I am glad that all the social partners comprising of the Federation of Kenya Employers, FKE, Government and COTU (K) have taken upon themselves to ensure that substantive gains are made towards addressing the plight of the Kenyan child.

As a signatory to the relevant International Labour Organisation, ILO Conventions on the Elimination of Worst Forms of Child Labour, the government has taken lead in this fight just as COTU (K) which has since developed and distributed its policy on child labour down to the shopfloor levels.

Further, the free primary education has registered marked improvement towards addressing child labour though more efforts are needed in sensitizing the communities on the importance of child education.

At the same time, we need concerted and consolidated efforts in terms of activities for purposes of reinforcing on their outputs and avoiding duplication of roles as this goes a long in undermining the efforts already realized.

It is commendable that the ILO continues to focus more often than not on the plight of the child at every opportune time and the substantive assistance both financial and technical offered to all the social partners has since registered remarkable progress towards taming child-labour in Kenya.

COTU (K)’s advocacy machinery through the trade unions has further accelerated this fight and as we speak here today already hundreds of children have been beneficiaries of our education programmes particularly within the coastal region including Kilifi Plantations Limited, Shauri Moyo and Rea Vipingo Plantations as well as the relevant unions recording several children now moving from working in plantation farms to enrolling in schools.

Meanwhile, cultural beliefs, stereotypes and traditions, continue to hamper such efforts and there is need to focus our energies as well to the societal norms through their parents to ensure that whereas the children remain our ultimate targets such efforts are not undermined by the parents as well.

Child Labour is a serious national catastrophe and we must all stand up and join hands to condemn irrespective of our traditional backgrounds.

Thank you.

The entire Labour Day Speech by Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), held in Nairobi, at Uhuru Park Grounds on 1st May, 2008:

Your Excellency, Hon. Mwai Kibaki, C.G.H., M.P., The President of the Republic of Kenya and Commander-in-Chief of the Armed Forces;

Your Excellency, Hon. Eng.Raila Odinga, E.G.H., M.P., The Prime Minister;

Your Excellency, Hon. Kalonzo Musyoka, E.G.H., M.P., The Vice President of The Republic of Kenya;

Honourable Ministers;

Hon. John Kiyonga Munyes, EGH, M.P., Minister of Labour;

Assistant Ministers;

Honourable Members of Parliament;

Your Excellencies the Ambassadors;

Honourable Judges;

Judges of the Industrial Court;

Your Worship the Mayor of Nairobi, Cllr. Geoffrey Majiwa;

Permanent Secretaries;

Ms. Beatrice Naliaka Wasike, Permanent Secretary, Ministry of Labour;

Brother Kwasi Adu-Amankwah, General Secretary of ITUC-Africa;

Brother Rick Hall, Regional Representative of American Centre for International Labour Solidarity;

Brother Patrick Obath, The Chairman, Federation of Kenya Employers;

Sister Jacqueline Mugo, Executive Director, Federation of Kenya Employers;

Sister Jane Mwangi, The Chairman, Board of Trustees, National Social Security Fund;

Sister Racheal Lumbasyo, The Managing Trustee, National Social Security Fund;

Senior Government Officials;

Parastatal CEOs;

Representatives of Global Union Federations;

Representatives of International Labour Organization;

Councillors;

Civil Servants;

The Executive Board and Officials of COTU (K);

Trade Union Leaders;

Distinguished Guests;

Brothers and Sisters;

On behalf of the entire Executive Board of COTU (K), the trade union fraternity in Kenya and on my own behalf l take this opportunity to welcome you all to this important International Workers Day, Labour Day of the year 2008.  

This day is an International event celebrated all over the world and we in Kenya are happy to join the rest of the working men and women world over in this celebration. 

Importance

The  day is an important one particularly for  the working people in the world and organized labour since it gives us an opportunity to reflect on our achievements and challenges over the past year and rededicate ourselves to the service of workers and Kenyans in general.

Thank His Excellency

I thank you your Excellency for accepting our invitation to be our Chief Guest during this important annual workers’ celebrations and taking time out of your busy schedule to be here with us.

Your Excellency, we are indeed privileged and honoured to have been the first organization to host you after the December elections together with the post-elections violence and the extensive and expensive negotiations that culminated into constituting a coalition government, a process that workers supported to its successive conclusion.

Elections and its Post Violence

Your Excellency, as workers we take the opportunity to congratulate both the party of National Unity, PNU and the Orange Democratic Movement, ODM for the sacrifice you both made in order to restore and facilitate the peace agreement under the able chairmanship of the former United Nations Secretary General His Excellency Dr.Koffi Annan that has since seen this country emerge from a political and governance crisis to a new coalition and acceptable government .

The unprecedented events soon after the last December General Elections were unique and presented a situation never witnessed in Kenya since Independence where over 200 workers were among the more than  1000 Kenyans who lost their lives and 500,000 workers displaced from their various places of work.

Your Excellency, it is unfortunate that some of the employers have seized this opportunity to totally refuse re-engaging these displaced workers and even a section of them went further to organize terror using a few hired goons particularly in the Agricultural sector to cause mayhem to workers willing to resume their duties (particularly the multinationals and other Tea Companies around Kericho).

Bearing in mind Your Excellency that  nobody was prepared for such a magnitude of violence as all Kenyans have lived in peace over the years, we urge employers not to use this opportunity to retrench, apply redundancy or re-structure their enterprises  without involving the trade unions. This will not be in good faith.

We as workers hope and trust that as we look forward to our national constitutional review process, it is my believe that in future, we must critically narrow down to an area of elections vis-à-vis democracy in Africa when crafting our constitution.

Democracy that embraces upon our own traditions, culture and reality which clearly bears a reflection of what has taken place in Kenya before and after Independence politically, socially and economically might create a big departure from what we recently witnessed.  

Your Excellency, these skirmishes dealt a blow to our economy which was experiencing accelerated growth of over 7.1% due to your government’s prudent, fiscal and monetary policy management including accurate revenue collection by the government allowing the government to finance its national budget for both recurrent and development expenditure by 95%.

Recognition of Veteran Trade Unionists

Your Excellency, we take this opportunity once again to thank you most sincerely for  what you exhibited to workers last year by recognizing veteran trade unionists for their roles and contribution made in the nation building and their historical participation in the fight for our country’s Independence, economic development and industrial relations stability.

Besides, Your Excellency, this year you have also gone further to recognize our role as workers in support of the dialogue process in the wake of the post-elections violence and reconstitution of the coalition government.

Since the independence of this country, you are the first President to recognize the workers’ role in this area by awarding the following trade unionists with various Titles of Honour:

Bro. Francis Atwoli

Bro. James Dennis Akumu

Bro. Bonface Munyao

Bro. Joseph Nyabiya Onchonga

Bro. Francis Muiruri Ng’ang’a

Bro. Were Dibo Ogutu

Bro. Rev. Joel Kandie Chebii

As well as those who have since left us in the struggle:

Bro. Stephen Kioni

Bro. Juma Boy

We thank you.

Tom Mboya Labour College

Your Excellency, workers education is a key to the industrial relations stability and Kenya boasts of properly trained industrial relations practitioners both in the government and the private including the Trade Unionists assembled here today.

Creating capacity among trade union leaders will be an added advantage for our country in having a responsible locally and internationally respected labour leaders.

Your Excellency, workers do not practice mass action. We  have our own weapon entrenched in our statutes called strike and Your Excellency, strike is more stronger than mass action and without well-trained and focused labour leaders, this weapon can be dangerous if wrongly used and can make the country come to a stand-still.

It is on this note that during the last year’s Labour Day Celebration, we requested your government for financial assistance to put up an ultra-modern resource centre at the Tom Mboya Labour College, Kisumu.

We are very grateful that this request was accepted by your government by allocating funds towards this worthy cause in the 2007/2008 budgetary allocation and I am happy to report that the contractor is now on site and we hope and trust that the same will be reflected in this year’s national budgetary allocation to support this noble cause.

Further,  you are aware of your government’s new  policy on training of civil servants, which directs that workshops and seminars  must  be conducted in educational institutions and not in  hotels, and as we echo and support the government in this direction, we believe this college will serve as a pointer to government, employers, workers, International Labour Organization and International Trade Union Confederation and on behalf of the Kenyan workers we thank you.

Your Excellency, your government now joins other governments in Africa like Egypt, Sudan, Eritrea in partnership with Italian Trade Union Movement, Ethiopia, South Africa, China, Vietnam, Italy, United Kingdom, Germany, France and the United States of America in supporting workers’ activities and educational projects through the trade unions.

We now appeal to those involved in the implementation of this exercise from the ministries of Labour and Public Works including ourselves we must strive to make sure that this institution is build and completed in time for your official commissioning. 

New Labour Laws

Your Excellency, one of the greatest achievements that Kenyan workers are celebrating today is the review of the new Labour Laws from the archaic colonial Labour Laws and Your Excellency we support the 9^th parliament for these Labour Laws just as we expect the current 10^th parliament to protect what we achieved through your government in the name of the new Labour Laws.

I humbly take this opportunity to thank all our honourable members of Parliament across the political divide during the last Parliament for taking this bold move in passing these Bills and specifically yourself for Assenting to these important new sets of Labour Laws.

Your Excellency, this shows the attachment you personally hold for the Kenyan workers and on their behalf, please accept our kind appreciations.

Your Excellency, your government formed a task force with the support of the International Labour Organization, ILO, and this task force was through tripartism arrangement as required by the ILO Convention No. 144 solely to review our Labour Laws.

It is disturbing  to see the employers reneging on what they themselves supported and commissioned.

Further, this was intended to domesticate the International Labour Standards practices world over into our statutes.

In any case, Your Excellency, these laws are a replica of the various International Labour Organization’s Conventions practiced and accepted elsewhere in the world.

Your Excellency, for example Convention 183 on Maternity Protection provides for a 14 weeks Maternity Leave yet the 9^th Parliament as per the recommendations of the task force gave our female workers 12 weeks against what is practiced and respected all over the world by most member states to the  international Labour organization that have  ratified and domesticated this convention. 

Such  countries include Albania, Austria, Cyprus, Cape Verde, Barbados, Seychelles, Norway, Tanzania, Malaysia, Singapore, Japan, United Kingdom, Rwanda, Sudan, Egypt, Mauritius, Tunisia, and Eritrea among others.

For instance, Your Excellency, a country like Sudan, with an even smaller economy, Maternity leave is 12 months with full pay. 

Your Excellency, Kenya as a key member of the ILO and a strategic economy in the region is bound to ratify relevant ILO Conventions and we have had an opportunity to serve in the ILO Governing Body and even this year we are proposed to seek for a new position and to exhibit the same, we should take lead in supporting relevant ILO Conventions and move away from what employers want Kenyans to believe.

We appeal to the 10^th Parliament not to succumb to any pressure from employers who are calling for the repeal to these new laws even before they are tested. 

Formulation of Various Economic Policies

As workers Your Excellency, we appeal to your government to urgently formulate: 

1. Income and wage policy:-

To guarantee better standards of living and decent work. 

2. Investment policy:-

This will create checks and balances and the movement of both direct and indirect investment including transitional and multinational investors for the purpose of curbing exploitation of both workers through unfair labour practices and non-remittance of taxes. 

3. Local Authorities policy:-

To guarantee clean cities and the creation of barons that will see close administration applied to ensure international standards of cleanliness and security for both international visitors, local residence and business community. 

4.Transport policy:-

That will ensure city commuters mostly workers are not left at the mercy of matatu touts and other gangs that have taken over public transport industry. The same will see the provision of modern transport facilities comparable to both developed and developing countries restoring sanity in our transport system.

We appeal as workers to Your Excellency to once again give Hon. John Michuki an opportunity to accomplish what is now known as the Michuki rules that he himself started. 

5. New Education Policy:-

That will control the Kenya National Examination Council, KNEC from releasing unverified and unacceptable Examination results which has eroded the confidence of Kenyans in our education system.

The same policy will check on the parallel degree programmes at our Universities with a view to ensuring that they are accessible and affordable to the poor and workers’ children. 

6.Health and Medical Service delivery policy:-

With a view of ensuring that all public hospitals are kept extremely clean and no sharing of beds by patients; hospitals are adequately staffed and equipped with drugs and facilities for our people.

7. Agricultural policy:-

The government must make sure that we have a comprehensive Land and Agricultural policy that reflects equity and addresses genuine land ownership.

8. Communication policy:-

To allow people have access to easy and cheap communication.

Productivity Centre of Kenya

Your Excellency, l call upon the government to support the productivity Centre of Kenya in order to promote productivity that addresses all factors of Production.

The Productivity Centre of Kenya should promote technological transfer and modernize our industrial technology to match other manufacturing and exporting countries in the world and hence stop the massive importation of finished goods in the country. 

Infrastructural Development

Your Excellency, last year we requested the government to improve our dilapidated road network.

We are happy to note that great improvement has already been undertaken by the government particularly on the Nairobi-Naivasha-Gilgil-Nakuru Highway.

However, much work is required to save the stretch from Nakuru-Kericho-Kisumu and Eldoret-Malaba roads that now demands immediate attention considering that this is part of the Northern Corridor linking  various economies in the region.

While we thank the government for its commitment to improve the country’s infrastructure, we call for the expansion and upgrading of the Kisumu Airport as the current run-way cannot sustain and absorb the increased traffic at the airport which now serves Uganda, Tanzania besides Western Kenya; Your Excellency, last year we appealed to you for the same expansion and upgrading of this strategic airport in Western Kenya.

The Police Force

Your Excellency, in our last year’s Labour Day Celebration’s, we requested your government to consider payment of risk allowance to our Police officers involved in dangerous and risky assignment in the course of their duties.

We are happy that Your Excellency you have since responded positively to this request and we thank you as we believe that this will go along way by motivating these officers for continued and improved performance.

However, we requested that the Police Force be unionized in order to have a Collective Bargaining Agreement as a document that spells out their terms and conditions of service and emphasizes on their essential services.

Your Excellency, let me take this opportunity to thank my colleagues and brothers, the National General Secretaries of unions affiliated to COTU (K) for concluding wonderful Collective Bargaining Agreements for the year 2007/2008.

A total of 546 Collective Bargaining Agreements were signed giving unionisable workers wage compensation of between 12% and 40% depending on the ability to pay by sectors and Enterprises. This compensation which was in accordance with the cost of living indices translated into approximately 2.8 billion Kenya Shillings in compensation for the years under review for both lower and upper income groups.

We urge those workers that do not belong to a trade union to join the trade unions so as to benefit from negotiated Collective Bargaining Agreements. However, for those who are reluctant to join the union the New Labour Laws have provided for the payment of agency fee by non members who benefit from the services provided by trade unions.

Your Excellency, the rest of the matters relating to wages and terms of conditions of work particularly the retention of minimum wage it is in your hands to decide.

In Conclusion

It is now my duty and pleasure to invite our honourable Minister for Labour and Human Resource Development to speak to us and invite you.

Thank you.

Speech by Rajabu Mwondi, Chairman General of the Central Organisation of Trade Unions at the COTU (K)/ACILS Paralegal Training Course, held at Panafric Hotel, between 21st - 25th April 2008:

Brother Richard Hall, ACILS Regional Director

Sister Charity, ACILS Programme Cordinator

Brother Noah Chune, Education Director COTU (K)

Sister Jane Master, Gender/Education Coordinator COTU (K)

Invited Guests

Brothers and Sisters

Fellow Participants

SALUTATION

On behalf of the Executive Board of COTU (K) and on my own behalf l take this opportunity to welcome you all to this very important course as is jointly organized between COTU (K) and American Centre for International Labour Solidarity.

For the past four years COTU (K) has been running these courses for the trade union representatives at the Industrial court. 

The aims of this course is to build capacity of trade union leaders who present cases at the Industrial Court and to sensitize the trade union leaders on the New Labour Laws and workers rights.  Over along time Labour Laws remained unchanged and this caused a lot of suffering on the part of workers.  Dispute education took unnecessarily long periods to resolve and some dispute remain unresolved even after the death of workers.

The New Labour Laws have indeed brought a radical paradigm shift in the Labour Market in Kenya as the laws have upheld workers fundamental rights.

The clauses on maternity protection and paternity leave are indeed welcomed by workers and the provision of insurance to workers by employers is a step in the right direction as employers will be more careful with Occupational Health and Safety issues at the workplace.

The casualization of jobs by employers stemming from the effects of globalization has also been contained by the New Labour Laws.  

We at COTU (K) are happy with the New Labour  Laws and we argue the government to make adequate budgetary provision to ensure that the New Labour Laws are implemented to the letter.

The calls by FKE and the LSK to review the just enacted laws is misplaced as this laws uphold workers rights.

Our collaboration with ACILS has not only been in this course COTU (K) and ACILS together commissioned a study on trafficking in persons especially trafficking in women and children.  The report was well received by the unions and the findings have been disseminated to stakeholders who are working on a draft law to curb trafficking in persons.

Earlier on, COTU (K) had closely worked with ACILS in organization and recruitment of workers and together we imparted negotiation and collective bargaining skills. 

At the regional level ACILS has been instrumental in the establishment of our regional body known as the East African Trade Union Confederation, EATUC which is now engaged in a number of activity that includes the establishment of a Protocol on free movement of persons and the rights to residence and the rights of migrant labour is addressing the effects of Regional Integration to workers welfare.

In preparation of this course we at COTU (K) enlisted on the support of legal practitioners both from the private and public sector.  In this regard let me take this opportunity to thank Ms Judith Guserwa and Brother Isaiah Kubai for coming up with the curriculum for this course and let me in the same vain thank the two judges of the Industrial court that have spared their time to come and make presentations at the courses.  Special thanks goes to Justice Stewart Madzayo and Justice Mukunya for their dedicated contribution to this course.

Last but not least let me thank the American Centre for International Labour Solidarity for their financial support and the role played by its staff in facilitating the course. 

I thank also the General Secretaries of our affiliates for cooperating with COTU (K) in the whole nomination process and in ensuring that the right participants to this course are selected.

Finally, let me take this opportunity to welcome our new Regional Director at the ACILS Brother Richard Hall who took over the office in April and l assure him that COTU (K) will give him maximum support to ensure that the joint activities of COTU (K) and ACILS benefit the Kenyan workers.

Before l conclude let me mention something about the Post Election violence. Over 200 workers lost their lives in various regions in the country with over 500,000 jobs lost.

We agreed with employers that workers should not be victimized due to Post Election violence and any worker who did not report on duty due to violence should be back on duty unconditionally.   COTU (K) remained neutral during the violence but COTU (K) took the initiative to reconcile the two warring groups.

COTU (K) has appealed to development partners to support the healing process by offering counselling to the traumatized workers at their workplaces starting May 2008 COTU (K) is mounting seminars and workshops on counselling and reconciliation and peace building.

With these few remarks l declare this course officially opened.

Speech by Brother George Odiko, Assistant Secretary General of Central Organisation of Trade Unions, COTU (K) at the Occasion of opening a Workshop organised by KUDHEIHA on New Labour Laws, held at Parklands Sports Club between 8th - 10th April, 2008:

Distinguished Guests,

Brothers and Sisters,

On behalf of the COTU (K) Executive Board, the Secretary General and on my own behalf, I take this opportunity to make some opening remarks at this important workshop. 

For along time the workers of this country have suffered under archaic laws that were introduced by the Colonialists. 

The New Labour Laws have attempted to a large extend to domesticate the International Labour Standards in our Legislation.  Some of the new areas that have been highlighted include – maternity leave protection, Insurance of employees by employers and the charging of agency fee by unions to non-members who benefit from negotiated agreements.  The New Labour Laws have also made provision for payment of gratuity and reduction of days on Casual employment.

We at COTU (K) are grateful to the nineth parliament for passing these Labour Laws.  We also thank the Head of State his Excellency the President of Kenya Hon Mwai Kibaki for assenting to these laws.  These New Labour Laws should go along way in taming the unscrupulous employers who are bend on exploiting workers.

The Challenges is now with the implementation of these laws.  The government through the Ministry of Labour and Human Resource should engage more Labour inspectors fully equipped and trained to enforce the New Labour Laws to the letter.

It is unfortunate that our Social partners are up in arms about these laws.  We need to warn FKE that COTU (K) will go on extra mile to ensure that these New Labour Laws are implemented in the present form.

For more workers to know their rights as contained in the New Labour Laws COTU (K) has started running Sensitization workshops for the General Secretaries, Branch Secretaries, Shopstewards and rank and file. 

These courses are expected to enlighten the Trade Union leadership and rank and file on their rights and social protection contained in the laws. 

Despite the enactment of the New Labour Laws the Trade Unions are still faced with other challenges emanating from globalization and economic reforms.  In some sectors membership is on the decline due to unfair competition and massive retrenched specifically in the public sector.

The recent post election violence has also affected the Trade Union activities through loss of life and displacement.

Trade Union leaders should intensify their organization and recruitment exercise to ensure that trade union membership is growing and that unions are strong.  COTU (K) is organizing counselling workshop at workplaces affected by the post election violence especially for the traumatized workers.

Trade Union movement should through there Workers Education develop the capacity of Trade Union Leaders to engage the other social partners in policy issues that would lead to Decent Work in this country and in peaceful and secure environment.

Trade Unions should improve their service delivery to members for then to remain relevant.  So much time is spend in wrangling that is not productive.  We need to stick to our democratic principles as union leaders and manage unions in the Interest of our members.

Trade Unions should apply modern management principles.  These principle includes strategic planning, budgeting and monitoring of our activities.

We should concentrate on our core functions of improving workers standard of living and defending trade union rights.  We should provide workers education to members with special emphasis on Collective Bargaining, organization and recruitment Occupational Health and Safety and industrial relations.

I commend KUDHEIA leadership to have taken the initiative of starting training of the New Labour Laws and l encourage all other unions to follow suit.   COTU (K) is willing to come and assist anytime you need us.  We can send COTU (K) experts to facilitate training or hire professional to assist the unions in capacity building.

With these few remarks l wish you a fruitful workshop and l declare the workshop officially opened.

Thank you.

The Danish International Development Agency Business Support Programme, Sensitization Workshop on COTU (K) Strategic Plan New Labour Laws, held in Nairobi, Kenya at Silver Springs Hotel between 17th - 19th March, 2008:

The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K)

To all General Secretaries Present,

Our Consultants for the BSPS Program,

Brothers and sisters,

It is a great pleasure for me to preside over the opening of this strategic workshop on the Danida Business Sector Programme Support that aims to carry out a post-mortem of our Strategic Plan and more importantly give us a critical overview of the newly enacted Labour Laws.

Brothers and sisters, the road to the enactment of the New Labour Laws has been a bumpy one.

The continued existence of the previous archaic colonial Labour Laws four decades after our independence remained the single greatest injustice meted against the Kenyan workers.

This prompted the Central Organization of Trade Unions, COTU (K) to initiate the move and led a tripartite delegation together with the  FKE and the government to the ILO for purposes of seeking funds to review these archaic Labour Laws.

The ILO’s positive response to this request saw the government in May 2001 appoint a tripartite taskforce with the mandate to examine and review all the Labour Laws and make recommendations for appropriate legislation to replace our Labour Law statutes and also submit proposals on reforms to ensure they are consistent with the conventions and recommendations of the ILO.

This was a momentous period for us as the taskforce under the able leadership and guidance of its Chairman Justice (Rtd) Saeed Cockar proceeded on to discharge this noble duty and handed over its work to the Attorney General in April 2004.

Let me take this opportunity again to recognize the important role played by the taskforce particularly the immense contribution by COTU (K) representatives of Bro. Rajabu Mwondi, The Chairman General, Bro. George Muchai, Deputy Secretary General and Bro. Isaiah Kubai our Executive Board member accompanied by the Organization’s Lawyer Sis. Judith Guserwa as well as our counterparts from FKE and the team of legal experts.

However, this was far from over.  COTU (K) had once more to put up aspirited fight to see that the resultant Bills are presented to parliament for debate.

Further, upon presentation to parliament, we had to fight hard against any move to water-down the gains made in the laws and went on to attend several tripartite workshops organized by the office of the Clerk to the National Assembly where we remained firm on protecting clauses which in the employers views, were favouring workers.

It is apparent that the fight that COTU (K) put up to see the New Labour Laws enacted cannot be over emphasized.

We are all aware that we could not have all the 100% win as we strongly feel that there are some grey areas which need to be re-looked at for purposes of effectively addressing the many issues that dot the struggles that workers go through daily.

On the other hand we appreciate that our other social partners, the employers, also feel that some notable areas they wanted to achieve could not be achieved in the spirit of give and take.

However, as Key social partners, let us accept to share the spoils and not abuse the spirit of tripatism as reflected in the ILO Convention Number 144 on Tripartite Arrangement and not proceed on to the courts to be involved in the settlement of a matter we can comfortably handle amongst ourselves as social partners.

I am particularly not happy with the manner in which a section of employers have since behaved and reacted towards the implementation of these Laws particularly when we have a full fledged Ministry of Labour which though currently a Minister is yet to be appointed, has a very able Permanent Secretary who can competently regulate and arbitrate in such matters.

It was insincere on the part of some members of FKE to start calling for amendments to the New Labour Laws hardly a week after the President had assented to them and even going ahead to negatively portray these new laws to the public.

Against these odds, l am however glad with the unity of purpose and the Solidarity we have exhibited as leaders and the support you have continued to give the secretariat even at difficult of times when service to the Kenyan workers is needed.

COTU (K) will fight relentlessly to the hilt to ensure that the newly enacted Labour Laws remain intact and are not interfered with whether by FKE, any Employer or a section of individuals and no amount of pressure, persuasion nor campaign will deter our efforts to protect what we have fought to achieve.

Meanwhile l am informed that the post-elections violence that saw the country plunge into days of agony and deaths has seen a slight delay in this program’s activities but this will not deter us from moving ahead.

Already the application of our  Strategic Plan, which we will as well be discussing during this workshop, and modeled along COTU (K)’s is being extended to some of our affiliate unions and I urge those that are yet to start preparing one to do so as soon as possible.

We are all indebted to this program particularly within its three component areas on the Application and Development of Occupational Health and Safety Standards, Skills Development to match emerging Industry demands as well as the strengthening of Social Dialogue.

COTU (K) recognizes the Royal Danish Embassy support to the program and we remain graceful.

Last week we met the two consultants in the program both for COTU (K) and for the overall program and urged them as a matter of urgency to meet with DANIDA leadership who are funding the program to ensure that participants like General Secretaries who are Chief Executives of Unions  are considered for some allowances and we hope and trust that their meeting will be fruitful.

On this note, l now declare this workshop officially opened.

 Thank you.

 

The Eastern Africa Trade Union Confederation, EATUC Strategic Planning Meeting held in Arusha, Tanzania at New Safari Hotel between 19th - 20th February, 2008:

The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K)

Brother Makame L. Makame,    Secretary General of Zanzibar Trade   Union Congress, ZATUC

Brother Nestory K. Ngulla, Secretary General, Trade Union Congress of Tanzania, TUCTA ;

Sister Irene Kaboole, Deputy Chairman General,  National Trade Union of Uganda, NOTU

Brother Rajabu Mwondi, Chairman General, Central Organisation of Trade Unions, COTU (K)

Brother Emmanuel T. Nzunda, Executive Secretary, East Africa Trade Union Confederation, EATUC

Brother Karsten Fogde, LO-FTF Programme Advisor

Mr. Busso Von Alvensleben, GTZ Project Advisor

Brothers and Sisters,

It gives me great pleasure to warmly welcome all of you to this important strategic planning meeting for the East African Trade Union Confederation, EATUC and our Danish counterparts’ LO-FTF.

I particularly welcome Brother Karsten to Arusha as we look forward to our close collaboration and working together with you and your organization in strengthening the trade union movement in the region.

I would also like to recognize the presence of GTZ Project Advisor Bro. Busso Von Alvensleben whom I am informed has variously been involved with the business community and farmers’ associations in East Africa and I take this opportunity to welcome you to this trade union activity and we hope this is a good beginning for our cooperation with you and feel free to be part of us.

Indeed your attendance here today is a clear manifestation of your commitment to our collaboration in strengthening EATUC and the overall trade union movement in the region.

I further take this opportunity to thank the LO-FTF for having accepted to support the trade union movement in the region through its Regional Programme on Good Governance and Local Social Dialogue which was officially launched in November 2007.

As stipulated in the programme document, certainly this programme will have enormous contribution to the strengthening of trade union organisations in the entire East Africa region.

This event is one of the activities under the LO-FTF Programme and it is special in the sense that it underscores EATUC’s effort and commitment to improve and strengthen linkages that are necessary to ensure that EATUC activities are properly formulated and articulated so that the intended output will be realized in a coherent manner. The noble objectives of this workshop will go a long way in enabling us to identify core activities, indicators as well as the direction.

In this regard I would like to call upon all participants in this workshop to openly share their insights and simply give their best in generating the desired output which can then be translated into an integrated, time-bound operational plan that might enable EATUC to have a clear direction in influencing the social dimensions of the East Africa Community’s regional integration. 

I would also like to encourage regular strategic planning sessions, which should be used to create a shared vision of the desired future and align the vision and EATUC’s activities to the trends in the environment in which it exists in connection with the LO-FTF project and other cooperating partners’ support and assistance.

In this context I would like to advise that the LO-FTF project be revised occasionally to accommodate and address new emerging challenges, developments and priorities just as strategic thinking should be embraced as a norm in EATUC and its affiliates’.

It is imperative to note here that strategic planning process should also be used to review the roles of EATUC vis-à-vis that of its affiliates as far as their participation in the East Africa Community regional integration process and to efficiently co-ordinate our interventions as we are engaging the community and its partner states in all issues related to labour and employment.

Brothers and Sisters, as we reflect on the challenges ahead of us, let us have genuine and focused discussions that will help us adopt a common and coherent approach in the strengthening of EATUC, and implementation of its programmes and activities.

In conclusion, I appeal to all national trade union centres to honour their commitments and pledges by contributing regularly to EATUC for its effective functioning and discharge of its duties to workers across the region.

I wish you fruitful discussions and now declare this meeting officially opened.

Thank You.

The Sustainable Development of Economy and Society, Decent Work and the Role of Trade Unions Forum, organised by All-China Trade Unions Federation, held in Beijing, China between 7th - 8th January, 2008:

The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Dear Delegates,

Brothers and Sisters,

SALUTATION

On behalf of all the working men and women in Eastern Africa, I extend fraternal greetings of solidarity to you especially the All-China Federation of Trade Unions. Let me start by thanking the All-China Federation of Trade Unions for hosting this important forum on Economic Globalization and Decent Work on the role of trade unions.

CHALLENGES OF ECONOMIC GLOBALIZATION

While globalization has created more trade and economic growth income imbalance, the gap has widened especially between the developed North and the less developed South.

Job security, casualization of employment, outsourcing of labour and privatization of state owned corporations have been driven by the forces of Globalization. Some governments have engaged in the appeasing of the developed nations under the guise of attracting foreign direct investment.

The quality of work created is very precarious leading to decent work deficit and poor working environment. The key beneficiaries of the Globalization process are the multinationals, which in some cases are more powerful than some sovereign states and they carry out business without corporate social responsibility.

Globalization has allowed the rapid growth of informal economy where the majority of workers have ended up. The informal economy has no formal structures and workers to a large extend are not organized as the labour laws are not applied in this type of economic arrangement.

It is the responsibility of the trade unions to intensify their campaigns for decent work and put pressure on the multinationals and governments to carry their corporate social responsibility as per the requirement of good governance in countries where they operate.

The trade unions should intensify trade union education and form Educators network to sensitize workers and build capacity for the trade unions world wide in order to engage employers and government in seeking alternatives to globalization and regional integration.

DECENT WORK FOR ALL WORKERS

In this era of Globalization the question of securing Decent Work for women and men everywhere still remains elusive to the trade union movement world wide. It is essential to share amongst trade unions and people’s families including communities in every society; and at all levels of Development. Decent Work is a global demand today, confronting political labour and business leadership world wide.

Decent Work sums up the aspirations of people in their working lives. It involves opportunities for work at the workplace and social protection for families, better prospects for personal development and social integration freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equal opportunity and treatment for all women and men.

Decent Work is central in efforts to reduce poverty as a means of achieving equitable inclusive and sustainable development.

Promoting decent work is a shared responsibility of workers’ employers and governments.

THE ROLE OF TRADE UNIONS

Trade Unions have been known to fight for equality and social justice. We therefore call upon Governments together with trade unions to mobilize their energy and resources in providing a platform for constructive consensus on social and economic policies.

NEO-LIBERAL POLICIES AND LABOUR STANDARDS

The reason for poor economic performance has been the pursuit of neo-liberal policies by most of the developing countries of whose dependant on these policies have finally paralyzed their economies.

Time has come for the world to respect homegrown policies that are relevant to each country’s needs.

The trade unions should put more pressure on multinationals to honour corporate social responsibilities. The multinationals and governments should also internalize the Core Labour Standards to guarantee the rights of workers.

The expanding informal economies should be stopped through policy measures and the creation of formalized economic policies to be put in place.

Finally, all trade agreements must include the International Labour Standards especially the Core ILO Conventions which must be respected by all the International Financial Institutions.

In conclusion let me say how happy I am to be part of this important forum and I believe resolutions passed at this meeting will go along way in creating decent work and contribute to sustainable development in clean environment and acceptable to all.

Thank you.

The Leadership Training Workshop,organised by ASCILS held at The Tom Mboya Labour College, Kisumu  on 13th November, 2007

The entire opening Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Representative of American Center for

International Labour Solidarity;

Sister Laundies Kisla;

Sister Susan Washington;

Bro. Dialla Tanuk;

Bro. Shawn Fivecoat;

Bro. Isaiah Kubai, COTU (K) Executive Board Member;

Bro. Francis Wangara, COTU (K) Executive Board Member;

The Principal of Tom Mboya Labour College;

Brothers and Sisters,

I take this opportunity on behalf of the Central Organisation of Trade Unions, COTU (K) Executive Board to cordially welcome you all to this important leadership workshop for Branch Secretaries.

We are opening this workshop today at a time when the challenges facing the trade union leadership across the world occasioned by globalization continue to weigh heavily on us.

The world today is witnessing an emergence of terminologies that remain the greatest impediment to the working men and women like Economic Reforms, Downsizing, Redundancies as well as Economic Partnership Agreements.

However, the power of trade unions here and elsewhere as agents of change and the voice of workers cannot be underestimated and it is against this background that COTU (K) as an alternative centre for national guidance has been the cradle of critical national policy thinking and direction.

We remain the only independent national centre in the country and as a credible organization, we will continue to regain our rightful place not only in the country but across the globe through building the capacity of our wider membership for substantive engagement with the rest of our social partners.

As trade union leaders we need to provide leadership and direction in national fronts for purposes of keeping unions relevant in this fast developing new global economy.

Brothers and Sisters, you are assembled here to be equipped in the areas of leadership skills, Administrative practices, develop an understanding on democracy and accountability issues, Industrial Relations, Labour Laws and Financial Management in unions so as to have the potential and ability to rise above many of the problems that face us.

COTU (K) is determined to build the capacity of its entire unions leadership through economic literacy and policy intervention as we seek to strengthen our organizational skills which remains key to the strengthening of the role of trade unions.

Leaders should develop strategies to organize and retain members and through our trade union structures, need to develop policies that will make our leadership effective and responsive to the emerging challenges.

We have just successively pushed through a new set of Labour Laws and as leaders we should take the lead in providing their contents to our general membership, as well as creating awareness.

Given the abundance of goodwill that do currently exist, this workshop provides a moment of opportunity to strategize ourselves and remain bold, resolute and authentic in the defense of democratic values, human and trade union rights and ensure that the voice of workers is heard loudly, clearly and penetratingly.

Brothers and Sisters through this training the interest and concerns of our members and the poorer sections of our society must exhibit itself in our active participation in all tripartite structures and in social dialogue.

Our priorities as unions today are to continue with the sensitization exercise for the new Labour Laws, put more of our members in paralegal training, recruitment and organization and the establishment of an educators’ network to build exchange on key issues affecting workers.

We are grateful to the American Centre for International Labour Solidarity, ACILS for their financial and material support towards this workshop together with their earlier support on Child Labour, Trafficking in Persons, HIV/Aids, Organisation and Recruitment and Paralegal training.

Finally I now take this opportunity to declare this workshop officially open.

Thank you.

The Opening of African Workers Participation in Development Programe (APADEP), held at The Silver Sprins Hotel Nairobi  on 5th November, 2007

Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Bro. Kwasi Adu Amankwah, Chairman;

General Secretaries from African Trade Union Centres;

Members of APADEP Educators Network;

Members of African Labour

Research Network; Representatives of Labour Colleges;

Representatives of FNV Mondiaal;

Representatives of Global

Research Network;

Invited Guests;

Brothers and Sisters,

On behalf of the Executive Board of Central Organization of Trade Unions, COTU (K)and on my own behalf, I take this opportunity to welcome you all to this important political leadership workshop.

Mr. Chairman, the challenges facing trade union Education in Africa are many. Trade Union Education has not been of priority to most of our national centres due to lack of funds.

Many centres do not have enough membership as a result there is lack of allocation of resources, both human and financial to ensure the sustainability of many of our educational performances and activities.

Among the challenges that have been identified facing Labour Education are:

Ø      Awareness creation;

Ø      Capacity Building of Trade Union Educators and leaders;

Ø      Adequate Resources and Funding;

Ø      Appropriate programme contents and methodologies;

Ø      Development of Educators Data base and networks and

Ø      Education Programmes sustainability.

 Mr. Chairman, I am happy to note here that the APADEP programme which has been in operation for more than twenty years has attempted in a way to address some of the numerous challenges facing Labour Education in Africa.

APADEP developed an Educators’ network since 2004 and the network has indeed made a difference in some of the countries represented here today.

The APADEP Educators network has attempted to link various educational programmes of the African Trade Union related to worker participation and workplace democracies that exist or have been developed to the various Trade Union national centres.

Chairman, I am aware that under the APADEP programme accredited programmes have also been developed between Labour Colleges and Universities. This is the case in South Africa, Ghana, Benin and Togo.

Chairman, today trade unions and their education programme cannot ignore the consequences of economic globalization on workplace issues such as demand for decent work, the fight against HIV/Aids, discrimination in employment, exploitation of migrant workers, the informal economy, occupational health and safety and violation of trade union rights.

Education programmes, fellow participants have to assist workers’ representatives in handling complex negotiations on economic integration processes, poverty reduction strategies, debt reduction and good governance. In this regard therefore it is important to establish synergy between workers education and research.

Mr. Chairman, I am glad that the members of African Labour Research network have been invited to this forum to chart a way forward in fostering closer collaboration between Labour Education and Research in Africa. I am aware that the Global Union Research Network has also been invited to foster closer links with the APADEP programme.

COTU (K) has participated in APADEP activities since 2004. COTU (K) which is the APADEP focal point for East Africa ran Educators workshop in July this year. COTU (K) is in the process of finalizing the arrangements to start a collaboration with Masinde Muliro University to run accredited programmes between Tom Mboya Labour College and the University.

Mr. Chairman, I believe that this political leadership workshop will come up with a way forward especially regarding future sustainability of Labour Education and Research in Africa. Currently the APADEP programme has been sponsored by the FNV Modiaal of Netherlands.

It is important that we in the political leadership of trade unions in Africa make commitment to the programme and trade union research development.

 In conclusion let me once again thank the co-coordinators of the programme for organizing this workshop in Kenya and inviting eminent trade unionists from our continent to map out future strategies of re-energizing Labour Education and Labour Research in Africa.

 We at the same time thank FNV Mondiaal for the support of the APADEP programme and we believe that this partnership will continue as the programme has given trade union leaders opportunities in life long learning and exposure to global trends and the impact on workers welfare.

 With these few remarks I wish you fruitful deliberations that will strengthen labour education and labour research in Africa.

 Thank you.

The Luncheon to Celebrate Award on Recognition of Reforms in Kenya, held at The Hotel Inter-Continental, Nairobi  on 17th October, 2007

Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Hon. Amos Kimunya, E.G.H, M.P., Minister of Finance;

Hon. Henry Obwocha, EGH, M.P., Minister of Planning & National Development;

Hon. Peter Kenneth, M.P., Assistant Minister for Finance;

Mr. Joseph Kinyua, CBS, Permanent Secretary, Treasury;

Dr. Edward Sambili, Permanent Secretary, Ministry of Planning;

Invited Guests;

Brothers and Sisters,

I take this opportunity on behalf of the Central Organisation of Trade Unions, COTU (K)’s Executive Board and its general membership of Workers to thank the organizers of this important celebration for the invitation you have extended to us.

At the onset allow me to thank the Kenya Government for its Economic Recovery Strategy that has yielded the much needed results we are celebrating today and earned the country recognition in the world of money makers.

It is the current steady economic growth attributed to the stable macroeconomic environment in the country and prudent fiscal and monetary management witnessed over the last four-and-a-half years that we are gathered here to celebrate this Global International Award as one of the top reforming countries with ease of doing business in Africa and globally.

And while celebrating this achievement, there should be a deliberate system in place to allow for this improved economic growth to trickle down and be felt by the common mwananchi.

Further we at COTU (K) are happy that the vision 2030 was launched and now the first 5 year medium term plan 2008 – 2012 has been prepared.

We are confident that the vision 2030 that is build on the three pillars namely economic social and political would be the driving force of our future development as a nation.

At COTU (K), we were the first people to come up with data indicating that due to the robust economic performance that  the country was enjoying, we had eased pressure on both local and international borrowing by 29% and this was occasioned by the prudent monetary measures put in place by the government, including the widening of the revenue collection bracket and proper financial and fiscal management with the collected revenue being apportioned to variously indebted projects.

COTU (K) strongly feels that as we seek for these changes within our economy to trickle down, the country will be in a position to create more employment for our people and at the same time, we embrace upon our politicians to avoid reckless and sensational statements that will only help in scaring away investors and jeopardizing the existing political stability.

Lastly, I urge all of us to remain patriotic to our nation irrespective of our diverse political difference and ethnicity.

 Thank you.

 

The Closing of The Chief-Shopstewards Training held at The Tom Mboya Labour College, Kisumu  on 22nd September, 2007

Closing Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Bro. Rajabu W. Mwondi, Chairman General, COTU (K);

Bro. Cornelius Ogutu, Treasurer General, COTU (K);

The Principal of Tom Mboya Labour College;

Brothers and Sisters,

It gives me great pleasure on behalf of the entire Central Organisation of Trade Unions, COTU (K) leadership to join you as we come to the close of our trainings have been running from August the 13^th this year.

I want to pay my personal tribute to all our Chief Shopstewards together with our resource persons for their dedication and commitment to the realization of an educated, knowledgeable and informed trade union movement in this country.

The positive trends we have witnessed in the country’s Labour Movement in the last couple of years is a clear testimony to the fruits of the reforms that the entire leadership of COTU (K) embarked on upon its election to office in the year 2001.

Brothers and Sisters, I am personally taken aback and lost of words when I hear some people talking of initiating reforms in the labour movement at a time when we are now angling ourselves to engage constructively in global issues that pose a threat to the livelihoods of the working men and women. We tell them they are late!

COTU (K) reformed itself in 2001 through 2003 and with a modern and responsive leadership to the workers needs we embarked on a policy of educating and training our members right from the shop-floor level to the top where we have gone further to send out leaders for trainings overseas, a move that has witnessed a leadership buried in ignorance being eroded.

The refurbishing of both the COTU (K) headquarters and the Tom Mboya Labour College where we are today and which is our main training centre went a long way in enhancing our training capacity and for anyone to talk about reforms, he can be likened to an individual who is stranded in terms of ideas.

Brothers and Sisters, I however commend all the Kenyan Workers particularly their leaders for their foresight and continued support for their cause and sustained efforts and hard work that has seen this country record a steady improvement in our economic performance.

The impending challenges posed by a world pegged on a global economy as well as terminologies like organizational restructuring necessitated by the equally fast changing global business environment that have been branded inevitable for enterprise growth and sustainability of employment opportunities need trained personnel for constructive engagement.

We are talking of an informal sector which remains unpredictable for unions to organize creating 418,000 new jobs constituting 87% of all the new jobs created compared to the 51,000 created in the modern sector for the year 2006.

This comes amid cries of precarious jobs in the sector and through these trainings; we should be able to understand the level of engagement through which this trend can be reversed.However, the development of an employment policy together with incomes and wages policy will, to a larger extend provide checks and balances currently witnessed in the informal sector.

The national wage policy will ensure wage earners get a reasonable share of the national product so as to promote a harmonious and just relationship between employers and workers in different sectors of the economy as opposed to the current trend where the government pursues the policy by issuing statutory minimum wages and negotiated wages.

 At the same time, I commend the unions for their efforts despite the lack of a national wage policy since the number of Collective Bargaining Agreements registered by our Industrial Court in 2006 was 344 compared to 275 in 2005, with the Agricultural Sector leading  in the number of registered Agreements with 91,513 unionizable employees benefiting from this increase compared to 59,455 in 2005.

It is my belief that through this training, the country’s labour movement is set to go a notch higher particularly in social dialogue with our social partners.

We are glad that in collaboration with the  government, are already set to put up an ultra-modern and multi-purpose resource centre at the college and its completion will witness a completely transformed modern education centre to adequately serve our workers.

We have the potential as workers in this country to raise above many of these challenges and even as we enter into the general elections, let us remain focused.

In this forward march, COTU (K) continues to be an alternative centre for national guidance and with the knowledge that we since acquired, our resolve to this cause remains.

Thank you as I wish you luck and solidarity at your various workplaces.

The Opening of the 23rd International Confederation of Free Trade Unions in the African Region Executive Board Meeting held at The Sarova Stanley Hotel, Nairobi on 12th September, 2007: The entire Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K), and Vice President of ICFTU-AFRO

Bro. Mody Guiro, The President of the International Confederation of Free Trade Unions, ICFTU-AFRO;

Bro. Andrew Kailembo, General Secretary of International Confederation of Free Trade Unions, ICFTU-AFRO;

Executive Board Members Present;

Brother and Sisters,

I take this great opportunity on behalf of the Executive Board of the Central Organisation of Trade Unions, COTU (K), and the entire Kenyan Workers to officially welcome you all to this 23^rd International Confederation of Free Trade Union in the African Region, ICFTU-AFRO Executive Board Meeting.

Brothers and Sisters, the task before us is enormous. We have a duty during this historical meeting of the ICFTU-AFRO Executive Board to conclusively come up with resolutions based on the various agenda before us this morning.

The meeting is historical because it marks the last activity of the ICFTU-AFRO Executive Board and we have a duty as members of this important board to embrace structures and decisions that will form the foundation upon which the new found ITUC-UARO Organisation will stand.

This comes when the trade union movement on the entire African Continent is faced with several challenges ranging from globalization, HIV/Aids, unemployment as well as the ever increasing conditionalities as imposed by the international Financial Institutions whose impact has witnessed a steady decline in conditions of the working men and women.

We have witnessed jobs that are hitherto permanent being casualised, outsourced, sub-contracted and made seasonal as another challenge posed by Regional Economic Trade Agreements like Economic Partnership Agreements, EPAs continue to take toll on the workers.

However, we are glad to note here that the ICFTU-AFRO as a regional body spearheaded by the able leadership of this Executive Board has laid strategies to confront the foresaid challenges.

We believe that the reports that will be presented at this meeting will be a testimony to the big struggle that this regional organization has had to endure.

While we thank the affiliates for having supported the activities of this regional body through payment of the affiliation fee, we call upon all national centres to be prompt on the payment of these fee as it is the only source of revenue for running activities of our regional organisation.

As we move towards our unification in November, there is need for us to re-double our efforts in strengthening the trade union structures on the continent to play a more robust and active role in promoting social and economic well-being of the majority of workers on the continent. Finally, I am obliged to also thank all those who have time and again accorded us financial support to run our activities.

Thank you.

The Chief Shopstewards Training held at Tom Mboya Labour College, Kisumu 13th August 2007: The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K).

Hon. Dr. Newton W. Kulundu, E.G.H, M.P., Minister for Labour and Human Resource Development;

Mr. Johnstone Kavuludi, H.S.C, Labour Commissioner, Ministry of Labour and Human Resource Development;

 Principal Tom Mboya Labour College;

 Mr. Ismael Noo, Chairman Board of Governors,Tom Mboya Labour College;

 Brothers and Sisters,

On behalf of the entire Executive Board of COTU (K), and on my own behalf I take this opportunity to welcome you all to this important Chief Shopstewards Seminar.

Mr. Minister, COTU (K) is indeed committed to imparting skills to its national leaders, branch officials, shopstewards and rank and file.

The situation in the workplace is changing and it is imperative for trade unions to equip their leaders and rank and file members with skills to confront the challenges of the working men and women today.

The neo-liberal policies that seek to deregulate the labour market have no regard for the rights of workers.  Privatization, outsourcing, casualization as well as seasonal employment has become the order of the day in many developing countries like Kenya.

It is our role as trade unionists to engage our government in social dialogue to confront unfair practices which are rampant in multinational companies and in Export Processing Zones.

Moreover, efforts should be made to formalize the informal sector where the working conditions are indeed precarious yet over 70% of working men and women are in this informal sector.

Historically, no country has developed with a large informal sector. It is my hope that the social partners will take advantage of the Decent Work Country Programme that is soon to be launched to organize the informal sector into viable sustainable enterprises where workers will be organized to fight for improvement in the working conditions.

Mr. Minister, today we are re-launching the Shopstewards courses and as you know a shopsteward is a key person in the workplace. A shopsteward is our contact person between the workers and the management at the shop floor and therefore he or she should be multiskilled to cope with the workplace challenges. Mr. Minister, further a shopsteward is an advocate for rank and file workers, a leader, a grievance handler and organizer, a communicator, a negotiator, a counselor and an educator and therefore he should be multi-skilled to perform his/her role effectively.

Mr. Minister, this course is intended to sharpen the skills of shopstewards in playing the above mentioned roles. We in the trade union movement believe that an informed shopsteward is indeed a resource to both the trade union and the employer because they maintain industrial peace through social dialogue and are conversant with Industrial Relations and Labour Laws relating to dispute resolution.

The course will look at various aspects of Trade Union Education. The participants will be exposed to the reality at the workplace and how to use the acquired skills in confronting the challenges.

Mr. Minister, while we appreciate the efforts the government is making to review the Labour Laws the process has been too slow and we call upon the government to move with speed and enact the labor laws.

Mr. Minister, the Kenya economy has registered a growth of 6% but due to lack of wages and incomes policy the benefits from the improved economy have only benefited a few Kenyans. It is sad to hear our honourable members demand a pension of over 6 million yet over 20% of youth are unemployed and 46% of Kenyans are languishing in poverty.

We believe that it is a high time for the government to develop two important policies, namely:

Employment policy and incomes and wages policy to guarantee Justice and Equity to all Kenyans.

By equipping our shopstewards with skills COTU (K) is acting within our mandate to strengthen the trade union institution to engage both the government and the Employers Organisations.

Mr. Minister, as you are aware that this is an election year and COTU (K) will spend sometimes at the workshop on civic education to sensitize workers representatives of the trade union agenda and how to engage the political pattern before election.

Mr. Minister, we are grateful to the government for working with COTU (K) to develop Tom Mboya Labour College into a centre for excellence and a Resource Centre for workers education in the East African Region.

I thank you for agreeing to come and grace the occasion marking the re-launch of shopstewards seminars. With these few remarks I wish you all fruitful seminar as you have well seasoned resource persons versed in trade union education.

Thank you.

The 96th Session of the International Labour Conference 30th May - 15th June 2007
The entire Statement of Bro. Francis Atwoli, MBS the Secretary General of the Central Organisation of Trade Unions, COTU (K) delivered on 11th June, 2007 during the Plenary Discussion on the Report of the Director General and Chairman of the Governing Body on Equality at Work: Tackling the Challenges:

Mr. President, allow me to first of all take this opportunity on behalf of the entire Kenyan Workers, members of my delegation and on my own behalf to congratulate you and members of your bureau on your well-deserved election to guide the deliberations of this conference. It is my sincere believe that, under your wise stewardship, this conference will succeed in its desired objectives.

Mr. President, we wish to commend the Director General of the ILO for his articulate and comprehensive global report on Equality at Work and how the resulting challenges can be tackled.

The Director General has pointed out the need for better enforcement of legislation against discrimination as well as non regulatory initiatives by governments and enterprises and equipping the social partners to be more effective in making equality a reality at the workplace.

Mr. President, the report has described at length the major advances in the struggle against discrimination including progress in ratification of related I.L.O Conventions as well as improvements on the national legal and institutional fronts, action plans and programmes to combat inequalities stemming from discrimination.

Mr. President, despite the advances made in the struggle against inequality, discrimination still persists in many work places in Kenya and Africa.

Apart from gender inequality, there exists many other forms of discrimination that include casualisation of employment, outsourcing, seasonal employment as well as sub-contracting of labour and serious disparities in the informal economy where the legal machinery hardly covers.

Together with the above mentioned unfair labour practices, there exists discrimination based on one’s HIV/Aids status.

Mr. President, globalization and the current economic reforms have made it difficult to address the challenge of equality at workplaces.

Many jobs that are otherwise permanent have been casualized and made seasonal in a bid to give employers flexibility to hire and fire workers indiscriminately.

We as workers are tired year in year out to be talking about casualisation, contractual, seasonal and casual employment across the world. We now need action and not words.

Casualization of employment is discriminatory because it denies workers access to social security like the National Social Security Fund, Pension Schemes, National Hospital Insurance Schemes and shelter. It does not guarantee job security and incomes for the workers and their families.

Many Employers Mr. President, especially the multinationals are engaged in outsourcing services there by discriminating against the workers outsourced as they are not entitled to the same terms as workers employed directly by such multinationals.

Mr. President, the informal economy in Kenya is rapidly expanding. It is a source of livelihood for the majority of workers in Kenya.

However, since the labour laws do not apply in this sector there exists inequality that range from gender to age discrimination. There is need to urgently address the informal sector with the aim of formalizing the sector and ensuring that anti-discriminatory policy measures apply in all sectors and the I.L.O. can ably fund governments towards this direction.

Mr. President, I agree with the Director General’s observation that discrimination is an insidious and shifting phenomenon that is difficult to quantify yet statistical information is needed to capture progress made in the elimination of discrimination.

Workers in Kenya through the Central Organisation of Trade Unions, COTU (K)’s Economic and Research Department have attempted to collect data based on worst forms of workers discrimination by the employers and we have supplied the same information to government and employers for action.

Further efforts are therefore required in collection of information on key indicators of discrimination for it to be tackled.

The Export Processing Zones which have been established on the advice of the World Bank and International Monetory Fund are workplaces where discrimination persists.

Cases of sexual harassment and abuse have been rampant in these Zones. Women workers are subjected to harassment by their managers who are reluctant to recognize the trade unions.

In Kenya, Police Officers still work in deplorable conditions and without freedom of association since they have been denied their right to form and belong to a trade union. We appeal to our government to allow Police Officers like other workers to form a trade union and this is an I.L.O issue.

Mr. President, it is unfortunate that many regional economic integration blocks and trade agreements do not address discrimination and inequality.

The East African Community has not embraced the inequality issues and the trade unions in the region have come up with a protocol on the free movement of persons, right to Residence and Employment as a response to the East African Community.

Further, although the East African Community has come up with a very impressive protocol on importation of new technology and technological changes, the community is opposed to any technology that can deny the East Africans creation of employment but the Kenya government has not acted fully on the issue of importation and practice of  Tea Plucking and Pruning Machines by Multinationals in Kenya which stands to deny Kenyans thousands of jobs.

Mr. President, We commend the efforts made by the Kenya Minister for Labour and Human Resource Development Hon. Dr. Newton Kulundu who is the Head of our Delegation here in Geneva  for having moved very fast to introduce the New Labour Laws in the Kenya Parliament.

In conclusion, we would like to record our agreement with report’s analysis of the lessons learned from the biennium under review and encourage the organization to implement the suggested recommendations on the way forward during the current biennium.

I Thank You.

The Counter G8 Summit Meeting, Germany - 4th June, 2007: The entire Key Note Address by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K), in  Rostock, Germany.

Hon. Members of the German Parliamentary Group;

Trade Union Leaders in Germany;

Trade Union Members;

Invited Guests;

Brothers and Sisters,

On behalf of the Executive Board of my national trade union centre in Kenya, the Central Organisation trade unions, on behalf of the trade union fraternity in Africa and on my own behalf I take this opportunity to thank the organizers of this event which is of great concern to workers worldwide for inviting me to come and address you today.

Dear Brothers and Sisters I join you on this occasion and thank you for having organized a protest meeting against the effects of Global Trade Liberalisation on the living and working conditions of workers across the world with special reference to the African Region.

Fellow workers, Globalisation and the whole concept of neoliberal policies is the creation of the G8 through the three main institutions namely the World Bank the International Monetory Fund and the World Trade Organisation (WTO).

These institutions have assumed the role of international police and they are carefully and surely pushing neo liberal policies on the whole world which have seriously hurt workers in Africa.

Honourable members of parliament follow workers, Africa has undergone very painful history.

We had a period of slavery followed by colonialism and neo-colonialism in the form of neo liberal policies and trade liberalisation.

The African people Brothers and Sisters have been subjected to humiliation and discrimination and exploitation by the World.

During the period Africa was under colonial rule and even now, resources on the African continent have been plundered by the clever people and most of the traditional governance structures were destroyed.

The colonial masters used divide and rule as a means of creating conflict among the African People for other countries to continue exploiting the rich resources in Africa. This exploitative arrangement caused an imbalance in international trade and resource distribution. Africa for a long time has remained a raw maternal provider for the west.

The exportation of raw materials has disadvantaged many African countries as the prices of those materials are determined by the consumers in the west and many African countries are forced to compete for the same market by lowering the prices.

This kind of trade arrangement has meant that resources are shifted from the south to the north in this unfair trade scenario.

The unfair trade is promoted through the multinational companies that do not care about corporate social responsibility, and workers rights supported by the World Bank and International Monetary Fund conditionalities to the so called  developing countries.

I have asked myself when will these developing countries develop while faced with numerous unbearing conditionalities from these institutions.

The World Trade Organisation who purports to set rules for fair trade has no respect for core labour standards and environmental conservation.

The unfair global trade liberalization together with the accompanying neo-liberal policies has indeed destroyed the African Economies.

Many local infant industries have been destroyed as they can not grow in a liberalized market where the established multinationals are engaged in unfair trade.

You are aware that these multinationals are more powerful than most of our African Governments and we need your support.

The promotion of trade through the Export Processing Zones a requirement for the liberalized trade is in itself a scandal. It is a scandal because the treatment of workers in these zones world over is inhuman.

The ILO estimates that 27 million people worldwide mostly women have to work under these inhuman conditions.

Privatization of state owned corporations and the economic reforms prescribed by the Bretton Woods Institutions is causing poverty rather than alleviating it and in my view, this is an open theft of national resources that were built over the years by tax payers money.

The privatization process has led to outsourcing of labour which has reduced labour to a commodity for trade against the I.L.O Constitution and Conventions.

Many workers are loosing their livehood as a result of implementation of the conditionalities prescribed to our nations by the Bretton Woods Institutions and the effects of trade liberalization.

African countries that would otherwise have collected revenue through charging of duty and tariffs to service some of these foreign debts can not do so as Word Trade Organisation has forced these countries to remove all trade tariffs and requirements including what is rightfully theirs.

This has led to debt crisis in some of the African countries.

The trade unions on the continent have called for debt cancellation as some of the loans acquired did not create any value addition.

In a bid to attract foreign direct investment African countries have been forced to create investment climate at the expense of workers’ conditions of work. This has included casualization of employment and removal of social security.

It has also meant long working hours with lower pay. For farmers the removal of subsidies has threatened food security and decline in Agricultural production in Africa.

The removal of subsidies for African farmers while European countries and the United States of America heavily subsidise their farmers is an application of double standards by World Trade Organisation.

Dear colleagues, the net effect of the World Trade Organisaiton trade policy and the trade liberalization supported by the G8 has been negative to workers in Africa.

Many workers have been declared redundant due to unfair competition. Most local industries have closed especially textile, shoe and leather industries.

The trade unions in Kenya have taken a lead in fighting the negative effects of trade liberalization that hurt our members.

The trade unions have taken a lead in reviewing the labour laws of the country with the assistance of the I.L.O to ensure that the Core Labour Standards are domesticated in our legal system to protect workers from unscrupulous employers and multinationals.

The Central Organisaiton of Trade Unions, COTU (K) has urged the government to streamline revenue collection so that the national budget is fully financed by revenue locally collected to enable the country pursue homegrown economic policies without attracting conditionalities from the International Monetary Fund, World Bank and avoid the World Trade Organization.

The Central Organisaiton of Trade Unions, COTU (K) has also impressed upon the government to seek new trading partners in Asia and other parts of the world and strengthen regional economic communities in Africa.

The trade unions in Kenya through networking with other trade unions on the continent are campaigning for total rejection of the Economic Partnership Agreements that have no development agenda for Africa and which will enslave our people for ever.

The trade unions have used forums like the World Social Forum to campaign for decent work agenda in Africa.

I will also like to use this opportunity to appeal to our trade union Brothers and Sisters in the North to join hands with us to reject the neo liberal policies prescribed by the World Trade Organisation, World Bank and International Monetary Fund and press for debt cancellation and campaign for slowing down of trade liberalization process.

We also call upon the new International Trade Union Confederation to engage the World Bank, the IMF and the World Trade Organisation to make a paradigm shift to pursue people centred welfare policies.

I believe another world without globalization is possible and let us fight together and reject the G8 unfair trade and economic policies.

I thank you.

The 30th Session of the Organisation of African Trade Union Unity, OATUU General Council - 10th - 14th May, 2007
The entire speech of Bro. Francis Atwoli,MBS the Secretary General of the Central Organisation of Trade Unions, COTU (K) and the Deputy Treasurer of Organisation of African Trade Union Unity, OATUU held in Kisumu - Kenya at the Tom Mboya Labour College between 10th to 14th May, 2007:

 Mr. Mark Borr, Permanent Secretary Ministry of Labour and Human Resource Development;

Bro. Hassan Sumonu, Secretary General of Organisation of African Trade Union Unity, OATUU;

 Economic Commission of African Representatives;

The Executive Committee of Organisation of African Trade Union Unity;

Members of Organisation of African Trade Union Unity General Council;

Central Organisation of Trade Unions, COTU (K) Officials;

General Secretaries of the Central Organisation of Trade Unions, COTU (K) Affiliates;

Brothers and Sisters,

On behalf of the entire Executive Board of the Central Organisation of Trade Unions, COTU (K) and on behalf of all the workers in Kenya, and on my own behalf, I take this opportunity to apologise for poor transport arrangement from Nairobi to Kisumu which was as a result of assumption that was made by OATTU Office that all delegates would arrive in the morning but because of time differences the arrivals were not as planned.

However I take this chance to welcome you all to this Organisation of African Trade Union Unity meeting held here in Kisumu in our great nation Kenya.

I begin by thanking the organizers of this 30^th session of the Organisation of African Trade Union Unity, OATUU General Council and the OATUU Executive Committee for choosing Kenya as a venue for these activities.

Mr. Permanent Secretary the Executive Committee and General Council will be preceded by our OATUU/ECA/COTU (K) Workshop on Economic Partnership Agreements (EPAs) and World Trade Organisation trade negotiations for Africa Trade Union leaders, a Workshop that will attempt to come up with alternatives for Economic Partnerships Agreements.

Mr. Permanent Secretary, COTU (K) invited all the General Secretaries of Trade Unions affiliated to COTU (K) to benefit from this workshop in order to participate more effectively in the future Economic Partnership Agreement proposals and come up with alternatives to these agreements and equally advise the COTU (K) Secretary General on issues of both local and international economic trade agreements.

Mr. Permanent Secretary, the OATUU is a continental trade union confederation, which was created by the African trade union leaders and recognized by Organisation of African Unity and now African Union.

This organization was created with the sole purpose of fighting for the rights of the African people and the improvement of the living standards for all the working men and women on the African continent and we in COTU (K) together with our Eastern African trade union’s colleagues we intend to continue supporting OATUU for now and for ever as Pan African Labour movement.

Mr. Permanent Secretary, you are aware that Africa has undergone very painful history. We had a period of slavery followed by colonialism and now neo-colonialism.

Mr. Permanent Secretary, the African people have been subjected to humiliation, discrimination, exploitation and abuse by foreigners.

During the period of colonialism Africa resources have been plundered by the West and most of the traditional governance structures were destroyed. The colonial masters used divide and rule as a principle to subdue the African people.

After political independence Mr. Permanent Secretary the colonial master still kept links with Africa through trade agreements, conditionalities for aid, investment and debt burden.

Mr. Permanent Secretary, the Economic Partnership Agreements (EPAs) is one of  such agreements that seek to establish the market access to both the trading blocks , the European Union (EU) and the African, Caribbean and Pacific countries (ACP).

Mr. Permanent Secretary, before the proposed Economic partnership agreement under negotiations now we had Yauonde Convention from (1963 – 1975) then Lome (1975 – 2000) and most recent Cotonou (2000 – 2020).

The general feature in these three agreements has been preferential access to the European market that they have granted to exporters from ACP countries.

Mr. Permanent Secretary, we in the trade union movement are not happy that most of the trade agreements are negotiated and signed without involving workers representatives yet such agreements enslave our members for centuries.

The trade unions are opposed to having an agreement that will not address the development priorities of our continent.

Development issues and the need to address the supply side of trade is essential for African, Caribbean, Pacific countries because market access alone without addressing the supply constraints will not achieve the desired goals of benefiting the developing world ACP countries.

Infrastructure development subsidies to farmers and support to farmers through extension services must form part of the agreement.

Decent work and Core Labour Standards must be included in the agreements so as to protect workers on the continent from exploitation.

Mr. Permanent Secretary, the Economic Partnership  Agreements if implemented in the proposed form shall indeed undermine regional integration in Africa.

The African Governments should therefore involve trade unions in trade negotiations like the Economic Partnership Agreements and develop the capacities of social partners to be able to analyse the impact of such trade agreements on our livelihood and proposed alternatives to such unpopular trade agreements. Mr. Permanent Secretary, it is sad to note that the sovereignty of African countries has been eroded.

Mr. Permanent Secretary, foreign governments and certain international institutions including International Monetary Fund, World Bank and the World Trade Organisation try to interfere with the affairs of our governments through prescription of irrelevant foreign policies that do not work.

Trade Unions have the moral responsibility in cooperation with other African people to fight for Africa’s economic liberation as we did during pre-independence days.

The quickest way to win the battle for Africa’s economic independence is to mobilize for the fast tracking of Africa’s economic integration, built on the pillars of rationalized Regional Economic communities like Ecowas, SADCC, EAC.

In the course of this struggle, we have to stop our countries and Regional Economic Communities from signing Economic Partnership Agreements, which will otherwise make economic integration in Africa more complicated.

The corrupt action by Mr. Wolfowitz the President of the World Bank is a manifestation of how Bretton Woods institutions have undergone moral decay.

It is a pity that a person holding such a high office can be retained in the position of President of the World Bank after he was involved in serious scandal, if he was an African the story would have been different.

I believe we as trade unionists gathered here should condemn the conduct of the World Bank President and call upon his immediate resignation.

I believe in our deliberations, the many challenges facing us shall be discussed and solution found.

Mr. Permanent Secretary, Africa has in the past come up with good programmes to transform our continent into a better place to live but they have not taken off due to various factors both internal and external.

The Lagos Plan of Action, the African charter for popular participation in development and now the New Partnership for Africa Development have been all brilliant ideas by the African people.

However, resources to achieve the desired objectives have not been availed and we call upon our governments to commit themselves in supporting homegrown economic policies, and live up to the same policies to get the continent out of the present state to a prosperous path and our elected members of parliament must take this work very seriously in order to urge African parliaments and our governments to remain assertive.

In conclusion, I thank all the brothers present and wish you a good stay in this lake side town of Kisumu.

Thank you.

Labour Day Speech,1st May, 2007: The entire speech of Bro. Francis Atwoli,  the Secretary General of COTU (K)  during the Labour Day Celebrations held in Nairobi - Kenya at Uhuru Park Grounds on 1st May, 2007:

Your Excellency, Hon. Mwai Kibaki, C.G.H, M.P., The President of the Republic of Kenya and Commander in Chief of the Armed Forces;

Your Excellency, Hon. Moody Awori, M.P., The Vice President of the Republic of Kenya;

 Honourable Ministers;

Hon. Dr. Newton Kulundu, E.G.H., M.P., Minister for Labour and Human Resource Development;

Hon. Assistant Ministers;

Honourable Members of Parliament;

Your Excellencies the Ambassadors;

 Honourable Judges;

Judges of the Industrial Court;

Councillor Dick Wathika, Your Worship the Mayor of Nairobi;

 Permanent Secretaries;

Mr. Mark K. Bor, Permanent Secretary Ministry of Labour and Human Resource Development;

Mr. Johnstone Kavuludi, Labour Commissioner Ministry of Labour and Human Resource Development;

Bro. Karanja Kabage, The Chairman Federation of Kenya Employers;

Sis. Jacqueline Mugo, Executive Director Federation of Kenya Employers,

Sis. Jane Mwangi, The Chairman Board of Trustees, National Social Security Fund:

Sis. Rachel Lumbasyo, The Managing Trustee, National Social Security Fund;

Senior Government Officials;

Bro. Andrew Kailembo, General Secretary of ITUC-AFRO;

Sis. Leela Muluktula, Regional Representative of American Centre for International Labour Solidarity;

Representatives of Global Union Federations;

Representatives of International Labour Organisation;

Councillors,

Civil Servants;

Trade Union Leaders;

Distinguished Guests;

Brothers and Sisters,

On behalf of the entire Executive Board of COTU (K) and on my own behalf I take this opportunity to welcome you all to this important workers day, Labour Day of the year 2007.  I thank you particularly your Excellency for taking time out of your busy schedule to come and grace this workers’ occasion.

This day is very crucial to workers as it is a day we reflect on our achievements and challenges during the year and rededicate ourselves for the trade union movement in this country.

On the onset, let me thank you Your Excellency and the Government for coming up with vision 2030 that will guide our nation in the next 25 years.

For the first time in the history of Kenya, a long-term plan to transform the lives of Kenyans has been launched. It is our hope that the government through the National Economic and Social Council will popularize the vision to enable all Kenyans buy in and move together towards attainment of the anticipated 10% sustained annual economic growth rate.

Your Excellency, we applaud the government for the stable macroeconomic environment and prudent fiscal and monetary management that has led to a stable economic growth in the last four years.

Mr. President, we as workers are happy that improved revenue collection has continued to set our nation free from the yoke of foreign debt that is riddled with conditionalities that undermine our economic and social progress and we urge all Kenyans to continue supporting this country through paying taxes. We further thank the Kenya Revenue Authority’s Commissioner General for his foresight in enhancing tax collection reforms and let this tax collected be used to improve services like education, health, and infrastructure.

The workers Mr. President appreciate the reforms in the Civil Service especially the continuous process of improving the working environment for Civil Servants. We appreciate the recently awarded salary increases in the Civil Service. However, we appeal to the government to consult the Kenya Union of Civil Servants before adjusting salaries for their members in future, since unilateral decision by the government on Civil Servants’ working conditions might lead to friction in Industrial Relations that might affect our productivity.

Mr. President while we applaud the government for the prudent management of the economy, we demand radical reforms in the banking sector especially as far as the interest rates spread is concerned. The difference between interest rates on borrowed capital and the interest paid by banks on savings accounts is very wide. COTU (K) feels that the banks are exploiting Kenyans and discouraging investment and job creation.

Your Excellency some checks and balances should be put in place to control the behaviour of multinational corporations. The majority of multinational corporations reap massive profits, which are repatriated abroad yet they do not respect the laws of the land. They should discharge corporate social responsibilities to their employees and communities in which they operate.

In the same breadth, hiring of alleged experts Your Excellency to run our companies when this country boasts of over 12 Universities with the capacity to produce trained and qualified personnel to be employed in these companies is raising concern among the workers and Kenyans.

It is demeaning Your Excellency, that some companies in this country continue to have foreigners as Chief Executives who have no idea of this country’s Industrial Relations Machinery nor how to associate with workers. A case in point is at the Kenya Power and Lighting Company where jointly with some of other companies, foreigners continue to head strategic positions and as workers, we strongly feel that these positions should be managed by Kenyans and let these alleged experts play technical advisory role.

The last time we were here Your Excellency, we reported and called for your intervention at the Kenya Airways over their unfair labour practices that had seen our young people employed on temporary, casual and contractual terms. However, we thank you, Your Excellency, for your prompt action that has seen employees of our national carrier, Kenya Airways be hired on permanent basis and applaud the Chief Executive Officer Mr. Ole Naikuni to have responded to our request through you. We equally appeal to your government that in show of patriotism to our country and creation of employment, let it put in place a policy that require every government Minister and Public Officers spending government money on travel use our national carrier, Kenya Airways as opposed to the current policy where senior government officers fly other foreign Airlines.

Your Excellency, the recent rulings by the High Court against Awards by the Industrial court is threatening the Industrial Peace that this country has enjoyed over the years.

The Industrial Court Your Excellency, is a special court for a special purpose formed by the President as the final arbiter in any trade dispute matter and nowhere in the commonwealth countries where these court’s rulings and awards are subjected to any appeals our Trade Disputes Act Cap 234 section 17 (2), clearly clarifies the matter and for Industrial peace, and economic development and stability of our nation, this law must remain so for now and future and our one social partner, the employers must stop campaigning for the Industrial Court of Appeal forthwith.

The special jurisdiction of the Industrial Court empowers it to hear and finally determine Industrial disputes and the move by some unscrupulous  employers and lawyers to rush to the High Court and other constitutional courts to block such awards denies workers justice for years causing untold suffering to these poor workers who cannot afford expensive lawyers for justice.

As we speak, Your Excellency, the Industrial Court awarded workers in the Banking Industry a 15% salary increment in 2004 which was contested by the Banker’s Association at the High Court and despite the High Court Ruling in favour of this award, in 2006, they moved to the Court of Appeal to defeat justice where to-date, this case is yet to be finalized.

We applaud the government for the introduction of the Constituency Development Fund whose effect is now being felt at the grassroot levels. These funds together with other devolved funds like the Local Authority Transfer Funds, LATIF, have accelerated rapid and sustained growth trends across all sectors of our development.

However, the management of these funds is wanting and unless prudent fiscal, monetary and transparent management policies are put in place for them, these gains are likely to be jeopardized as some leaders have personalized these funds.

To build a strong trade union, Your Excellency, that is well developed, free and enlightened on Industrial Relations and human intervention spheres, we need to expand and modernize the Tom Mboya Labour College in Kisumu. This college can be used by all our social partners, that is the government, employers and workers.

In Europe, United States of America, China, Japan, Rusia and even North African countries, governments set aside funds for workers education and capacity building and also for external assistance for the trade unions because they recognize their role in economic development and as tax payers.

It is the highest time that the Kenya government felt free to fund workers educational activities as it happens elsewhere including  South Africa.

Further, the government need to assist workers and employers in creating policies and labour laws that can create quality jobs and to do so, we must by all means as Kenyans, stop capital flight by developing policies that create a conducive and sustainable investment environment.

Today, we have no quality jobs because of poor Labour Laws, that are non-protective to our workers. Our laws have created casual, temporary, contractual and seasonal jobs and because of loopholes in our statutes. We have allowed exploitation of labour and indirect slavery by unscrupulous employers in the newly introduced outsourcing.

The outsourced persons work like slaves, are paid peanuts as they simply don’t know the structures of their companies, and their names do not appear anywhere in the register and should they die at their workplaces, nobody is responsible.

They have no insurance cover, do not contribute to any statutory bodies like the NSSF, NHIF nor to the income tax and are not members of any organized labour, nor do they have letters of appointment. This is indirect slavery that the government should not allow in an independent country like Kenya, Your Excellency.

Your Excellency, one of the critical challenges to improving our economic performance and providing even greater employment opportunities to our people particularly the youths is security.

Unlike many fast developing countries, Kenya is indeed yet to become a 24-hour economy largely because of reported cases of insecurity. Workers have been forced to keep away from their workplaces as proscribed organizations continue to cause mayhem and unleash terror on innocent Kenyans.

We appeal to you as our president and a worker number one to put in place stringent measures to curb the Mungiki, Talibans and any root of thuggery in our country.

However, as workers we believe that better living standards for the police force and retraining of the force will go along way in fighting insecurity to attract investment in the country for job creation and we appeal to your office Your Excellency, to let police have their own union like it is in South Africa with a rider not to go on strike.

Your Excellency, it is sad that the increased democratic space that your government has created is now becoming a target of abuse by some politicians. The mushrooming cases of political parties does not augur well for a young democracy like Kenya especially when older democracies like the United Kingdom, (UK) and the USA could only boast of two major parties like The Labour Party and The Conservative and Democratic and Republicans respectively.

We therefore call on the government to review the relevant legislation governing the formation of political parties and politics, which Kenyans have now turned into an industry and thriving business.

The free primary education Your Excellency has witnessed increased enrolment in schools and as we applaud the government, we request for deliberate measures to be undertaken to expand post-primary education institutions to accommodate these large numbers.

The current clean-up exercises of both Mombasa town and the city of Nairobi that have seen the Nairobi streets lit is worth commenting. Your Excellency, today, the two cities now resemble other known cities of the world and we urge the local authorities in these two cities to continue with this exercise of refurbishing them to international standards and your government extending the same to other towns of Kenya.

The government, Your Excellency, has done quite well in its efforts to improve the country’s dilapidated infrastructure including the road network.

We are happy as workers to see what is going on along the Naivasha-Nakuru-Timboroa and Nairobi-Mombasa highways. However, the same should be extended to other highways like Nakuru-Kericho-Kisumu and Timboroa-Eldoret-Malaba among other roads since this will reduce the cost of doing business in the country and lead to increased investment locally.

We also appeal to your government to modernize and expand the Kisumu Airport which is now serving Uganda and Tanzania besides Western Kenya.

Your Excellency, we have witnessed remarkable improvement in our health facilities with our hospitals being able to maintain a culture of cleanliness as well as equipped with the necessary drugs. We have however been taken aback with some of these institutions like in Kisumu, Kakamega, Kitui, Kiambu, Kisii, Kericho, Nyeri and even in Machakos where shortage of facilities has witnessed patients being forced to share beds.

We wish to request that these situations be addressed by the government and be supplemented by the CDF allocation, including our national budgetary allocations.

We thank the government for keeping its promise to appoint three more judges to the Industrial Court to add up to five. We are happy as this will speed up the dispensation of justice. However, we envisage a situation where workers will be able to access justice from these courts at the provincial levels and this Your Excellency, calls for additional Judges.

On the constitution, as workers we are for constitutional reforms and any form whether comprehensive or minimum, as long as our interests and aspirations are captured and reflected, workers shall support the process, any amorphous constitution making process that excludes the workers interests will be opposed until such a time when our needs will be addressed in a process that is all-inclusive and that is our plea, Your Excellency, as you are aware that you cannot treat leprosy with a rush skin ointment like Vaseline. Kenyans must be careful with partial making of the constitution.

Finally Your Excellency, we will not get tired calling on the government to speed up the process of passing the new labour laws already before the Attorney General. These laws are core to workers and we once again call for their enactment.

CONCLUSION

It is now my duty and pleasure to invite our Honourable Minister for Labour Dr. Newton Kulundu to speak to us and later invite His Excellency the President to address us.

 Thank you.

The Danish Business Sector Programme Support Baseline Report : Remarks by Bro. Francis Atwoli,  the Secretary General of COTU (K)  during The Release of the Danish Baseline Report held at Solidarity Building, Nairobi, Kenyaon 13th April, 2007:

Distinguished Guests;

General Secretaries;

Brothers and Sisters;

INTRODUCTION

On behalf of the Kenyan working men and women, the Executive Board of COTU (K) as well as on my own behalf, we welcome you to this brief yet very important meeting culminating from months of consultations, exchanges and commitment from both the unions and our resource persons.

The Baseline Report we are receiving here today gives us a general overview on the existence and operation of the trade union movement in the country.

As we go through the report, certain issues raise concern over our commitment as unions and it is for instance disturbing to note that of our total affiliates, only 20 unions were able to respond to the study questionnaires yet the answers to these questionnaires were important to forming the basis upon which we would eventually base our decisions on the way forward.

Brothers and Sisters, we are all privy to the fact that trade unions are the most important social movements underpinning employee’s development democracy and good governance. Our ability to provide effective and sustainable representation to our members and give service to Kenyans as a whole is influenced by both internal and external factors.

We have witnessed massive losses in our membership occasioned by these factors more importantly due to the changing nature of employment where majority of the employers, have now devised a new mode of hiring and engaging workers on casual, contractual, seasonal and temporary terms allegedly or the premise of reducing labour costs.

These are striking challenges to us since majority of such workers are not organized by the unions due to the nature of their contracts, ambiguity in the legal framework and the usual general resistance by some employers to allow for free unionization of such workers.

As we go through the report, we will realize how privatization and staff nationalization within the public enterprises has witnessed massive retrenchments in firms such as Postal Corporation of Kenya, Kenya Railways, Gilgil Telecommunications Industries, (GTI) as well as in the Export Processing Zones firms. These are challenges we as trade unionists should ready ourselves to face.

This has further seen most workers pushed to the informal sector and the nature of employment in this sector do not facilitate workers to enjoy the fundamental rights of workers such as freedom of association and Collective Bargaining, right to paid leave as when sick, maternity and annual leave; right to social protection such as old age benefits which goes with statutory deductions like NSSF, NHIF nor do they even pay taxes.

On gender, there are glaring disparities witnessed in the proportion of women to men holding leadership positions in our unions. The study shows that mainstreaming gender in our unions still remains a tall order.

Finally, we need to re-invent ourselves as far as dealing with issues to do with workers are concerned since it is absurd that the report depicts that virtually all Collective Bargaining Agreements negotiated and registered by trade unions still contain the traditional clauses such as wages, working hours, leave, housing, retirement and medical schemes as opposed to contemporary issues such as productivity, gender, HIV/Aids, sexual harassment and specific occupational health and safety.

We are all in agreement that the Business Sector Programme Support remains a priority to us and as we read through this report, let us strive to learn and realize our weak and strong points for better service delivery to our members.

Thank you.

The African Trade Union Unity Partnership Forum  Organised byThe Organisation of African Trade Union Unity, (OATUU) between 3rd to 5th April, 2007Remarks by Bro. Francis Atwoli,  the Secretary General of COTU (K) and the Deputy Treasurer of Organisation of African Trade Union Unity, OATUU during The African Trade Union Unity Partnership Forum held in Accra - Ghana at the Conference Hall, between 3rd to 5th April, 2007:

Distinguished Guests;

Brothers and Sisters;

 INTRODUCTION

On behalf of the entire trade union fraternity in Kenya and Eastern Africa as a whole and on my own behalf I thank the OATUU Secretariat for giving me this opportunity to join my Brothers and Sisters at this important Partnership Forum.

On the outset let me start by recognizing the important role the trade union movement played in the struggle for independence on the African Continent. In Kenya for example as the colonialists detained and imprisoned political activists the trade unionists remained the lone voice for the people, agitating and fighting for independence.

However, it is regrettable that after independence most African governments sidelined the trade union leaders and adopted colonial legacies that drastically curtailed the role of trade unions in determining their sweat and the destination of the African People. The trade unions have not been mainstreamed in the main decision making structures.

 AFRICAN CHARTER FOR POPULAR PARTICIPATION IN DEVELOPMENT

However, all was not lost as the Organization of African Unity which identified the need for popular participation in the development and transformation of Africa in the African Charter at the Arusha conference in 1990.

In the charter for popular participation in development on African strategies, modalities and actions for effective participation in development were laid down.

African Governments were to adopt development strategies, approaches and programmes, the content and parameters of which are in line with the interest and aspirations of the people and which incorporated rather than alienated African values and economic social cultural, political and environmental realities.

Further the African Governments were required to promote the formation and implementation of national development programmes within the framework of the aforesaid aspirations, interests and realities were developed as a result of a popular participatory process and which aims at the transformation of the African economies to achieve self reliant and self-sustainable and centered development, based on popular participations and democratic consensus.

In the charter, trade unions were required to establish autonomous grassroots organizations to promote participatory self-reliant development and increase the output and productivity. Trade unions were at the same time required to develop their capacities to participate effectively in debates on economic policy and development issues.

Further the need to promote education, literacy, skills training and human resource development as a means of enhancing popular participation was identified.

Brothers and Sisters, what is now witnessed in many African countries is the fact that there was no follow-up to what was contained in the charter by neither the Governments nor the trade unions.

The level of poverty has increased and armed conflicts still persist in many of the African countries. Poor governance and limited democratic  space has undermined the aspirations of the African people. Wide spread diseases, like the HIV/Aids scourge and massive youth unemployment still ravage the African Continent.

NEPAD

The New Partnership for Africa’s Development is a framework developed by the African Union to try and reverse the abnormal situation that is obtained in Africa. However, this framework was decided at the top by Heads of states and grass-root organizations like the trade unions were not involved in the initial formulation.

The partnership also puts emphasis on finance from the Western donors yet we know what kind of destruction this foreign aid has done to Africa.

To be able to achieve some of the results anticipated under Nepad it is necessary to involve grass-root organizations like the trade unions that have played a pivotal role in the emanicitipation of Africa and African governments to divorce themselves from 100% reliance to the so called development partners whom in my view are destructive partners.

WAY FORWARD

Brothers and Sisters, I have looked at the objectives of this forum and I am convinced that they are relevant and realistic. However I urge you not to turn this Forum into a more talk-show. This forum should go beyond the previous initiatives to make implementable recommendations. I propose at this juncture that the nepad framework should be enhanced to fully integrate the trade unions and should be an opportunity through which trade unions can make inputs into African Union decision making processes.

Brothers and Sisters the trade unions still face numerous challenges. In setting our agenda we should reflect the aspirations of the African workingmen and women, I believe that this forum will come up with a practical and sustainable working relationship between the African Union and the African Trade Unions that will meet the aspirations of our people.

With those few remarks I wish you all a productive meeting.

Thank you.

The Trade Union Federation of Eastern Africa Conference Organised by COTU (K)   18th February, 2007
The entire speech of Bro. Francis Atwoli,  the Chairman of Trade Union Federation of Eastern Africa, Chairman of East African Trade Union Confederation and the Secretary General of COTU (K)  during the TUFEA Conference held in Nairobi - Kenya at Sarova Stanley Hotel, between 18th to 23rd February, 2007:

Distinguished Guests;

Brothers and Sisters;

On behalf of myself and on behalf of the entire Executive Board of COTU (K), I take this early opportunity to welcome all of you to this crucial conference that is addressing Conflict Resolution in Africa.

Trade Union Federation of Eastern Africa (TUFEA) was formed in May 2003 in Khartoum. One of the objectives of TUFEA is to advocate, promote, support and defend human and trade union rights as a prerequisite for peace, security and stability and regional economic integration within the countries of the affiliates.

The federation was also formed to undertake every effort to strengthen its affiliates in the field of organization, education and to support the struggle of its working men and women in our respective countries, without the external assistance as external assistance is pegged on anti-African conditionalities which are witnessed today through globalization that favours the former colonialists.

The verdict passed by the majority of world leaders on the causes of conflict in Africa has not been from an informed point of view, as the majority of them have not made an effort to learn the causes or visit these countries with conflict and assess the situation before wholesale condemnation of the African People and their Governments.  I would like to call upon leaders especially from the West to visit Africa and talk to both the Governments and the people of Africa on the true situation obtaining in these countries as regard to causes of conflict.

The theme of this conference is on conflict resolution in Eastern Region of Africa including the great lakes region.

I have had an opportunity to visit Darfur as part of organization of African Trade Union Unity delegation led by no any other person other than its president who is also our General Secretary of Trade Union Federation of Eastern Africa Prof. Ibrahim Ghandour and who is here with us.   I was able to comprehend the dynamics of the situation in Sudan.  What I discovered is not what is reported by the world media. It is important that more leaders visit Darfur before they condemn the Sudanese Government for fueling conflict, as it appears to be more than Darfur conflict.

In Democratic Republic of Congo we have had conflict over a prolonged time. Most world leaders have preferred a portioning blame on the authorities in the Democratic Republic of Congo without making any attempt to go and see for themselves the situation and the causes of the conflict.

In Somalia from post Siad Barre era we have had the escalation of conflict and civil wars which has been worse with the existence of warlords and Islamic courts. No world leaders have taken time to go on the ground in Somalia to assess the situation to be able to propose and support a lasting solution.

Let me at this juncture thank the Ethiopian government for understanding the situation in Somalia and moving in to restore peace and stability.

To come near home in Kenya there has been an escalation of tribal and ethnic conflicts and no credible leader has taken trouble to acquaint himself or herself with the causes of tribal conflict. No leader or scholar has gone on the ground to analyze what are the causes of re-occuring conflict in parts of the rift valley.  We used to blame the Moi regime for fuelling conflict in parts of Kenya, what are we and our present government doing with clashes in Molo,  Mt Elgon region and Transmara?  Equally the war in Northern Uganda, which is pitting kony of the lords resistant army against the Museveni Ugandan Government.

The world is fast at apportioning blame to the government without a detailed analysis of the situation.

These are but a few of the cases where media and world leaders have decided to mislead the world on the actual causes of conflicts. The situation in Ethiopia and Eritrea who are brothers and sisters need to be looked into for a permanent solution. Massacre in Rwanda and the conflict between Hutus and Tutsi went on as the whole world watched.  The causes of Massacre in Rwanda and the perpetual political disagreement in Burundi between two major brothers and sisters the Hutus and Tutsi need also to be re-examined so as to have a lasting solution.

COTU (K) has decided to call our brothers and sisters from the fourteen East African countries who represent the  larger regional Trade Union Federation of Eastern Africa to assemble here in Nairobi to deliberate on the matter of conflict resolution in the region with guidance from able African professionals and leaders.  Mr Minister, this conference is 100% sponsored by COTU (K) and its affiliates and that is how we operate if we go in any country the sender in that country sponsors the conference.

I want to appreciate that the subject of conflict must be understood from a historical perspective. Back in the year 1884 when a conference was held in Berlin under the chairmanship of Chancellor Bismarck, Africa was Balkanized. The partition of Africa indeed set the stage for disintegration and disunity amongst the African people and the resultant conflict evolved around the issue of sharing economic resources.

It must be recognized that the principle motive of colonial powers was purely economic exploitation of Africa with its rich resources.

To us in the labour movement therefore it is critical for us to understand the underpinning root causes of conflicts in our region. As we attempt to resolve the conflicts, it is important that we must appreciate that factors to be addressed go beyond our borders and we must reject external impositions and supply of arms on the continent.

At this juncture let me thank the Kenya Government for the efforts and honour bestowed on Kenya by member states of IGAAD to spear head the search for peace in the Region. The Kenya Government has attempted with some degree of success to bring peace in Sudan and Somalia.

Fellow participants trade unions have a number of clear issues that must be addressed if we are to investigate the areas for conflicts on our continent.

First, the trade union leaders must remain truly faithful to their mission in championing the rights of workers in Africa. For a long time conflicts in Africa rotates around the issue of sharing Economic Resources. Since labour has always been exploited, the trade unions have the responsibility to continue agitating for better terms and conditions of employment for all workers as the destiny of our countries lies in our hands and we echo our Trade Union brothers and sisters in Guinea Conankry where open and democratic governance is being spearheaded by the Trade Unions.

Until there is equitable and satisfactory sharing of wealth created by workers there will be permanent conflict between those who have and have nots.

Sharing of national resources has been at the centre of conflict.  In Kenya today we have three ministers fighting for the control of sugar importation for personal gains.  As trade union leaders we call upon the Minister of Finance to stick to his decision of charging duty at 100% for sugar imported in the country apart from COMESA Member State.  We would also encourage the Ministers to borrow a leaf from Sudan on the policy for the Sugar sub-sector.

At the national level, conflict resolution assumes a high political . Unfortunately it has been assumed that Trade Unions who ironically represent the largest political constituency cannot be involved. This is because in many of our countries, we in the labour movement are not integrated in democratic structures, with the exception of a few countries namely Uganda, Sudan and our brothers in the Northern part of Africa, we hardly have Trade Unions represented in parliament as it is in other Commonwealth Countries overseas and today even those Kenyan climouring for Minimum Constitutional reforms are not mentioning anything about workers as they talk about women and the youth.

The history of trade union tells us that we have the most powerful resources at our disposal in conflict resolution. All the independent states in Africa, Asia and Latin America emerged from trade union leadership.

Once again, allow me to welcome you all to Nairobi especially to this important conference. It is my belief that the conference will come up with a road map to complete elimination of conflict in Africa.

I wish you all the best of luck and a happy stay in Nairobi.

May God bless you.

Thank you.

The World Social Forum Co-organised by COTU (K) 21st January, 2007. The entire speech of Bro. Francis Atwoli, the Secretary General of COTU (K)  during the World Social Forum held in Nairobi - Kenya at the Moi Sports Centre Kasarani between 20th to 25th January 2007:

Distinguished Guests;

Brothers and Sisters;

On behalf of the Executive Board of COTU (K), the Kenyan Workers and on my own behalf, we take this opportunity to cordially welcome all our Brothers and Sisters to this Decent Work for Decent Life campaign launch here today with solidarity greetings.

Brothers and Sisters, the widening inequalities between the rich and the poor and the high incidence of absolute poverty demand greater attention and more concerted efforts to lift the social floor for all workers.

This has adequately been articulated by the ILO in its Decent Work Agenda whose primary goal is to “Promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity.”

And as you are aware, the ILO Decent Work Agenda shares several priorities and interests with Africa’s social protection strategy with the continent’s decent work deficits of the synergies with our own approach as opportunities for broader coherence and greater collaboration in the International system opening in the wake of an emerging International consensus on the importance of finding more effective ways to bring together social and labour objectives with the dynamics of the global economy.

The Decent Work for Decent Life campaign world over is a flexible and dynamic phenomenon.  It must be developed and adapted with sensitivity to the national context and emerge out of consultation with and participation by the social partners.

The world is vast and its diversity does not need to be over emphasized.  In each region and country, particular circumstances require specific analyses of the decent work challenges and responses.

The ILO’s long standing presence world over and the relationship it has developed with the governments, employers and workers at the regional and national levels, together with its expertise in social policy and the world of work and its record of developing and promoting the International Labour Standards provide a powerful momentum for achieving ILO’s primary goal of decent work for all.

As trade unionists, we want to see an environment where jobs are not only created as a general phenomenon but ones that are decent and sustainable to enable a worker to access decent shelter, sound living and security.

This has been echoed through the convergence of the ILO’s four strategic objectives of promoting and realizing standards and fundamental principles and rights at work, creating greater opportunities for women and men to secure decent employment and income, enhancing the coverage and effectiveness of social protection for all and strengthening tripartism and social dialogue.

The security and Decent Work for all demands a spirit of inclusion, equity and balance.  Work is about people’s relationship with each other, nature and the world.  We need to look at work from a holistic perspective and to recognize the interconnections and interrelations.

To this end we say our campaign here today will leave a great impact to not only the world of work, but also to the rest of the spheres of the world.

Thank you.

The Economic Globalization Seminar Organised by the All Chinese Federation of Trade Union - Monday, 4th December, 2006
The entire speech of Bro. Francis Atwoli, the Secretary General of COTU (K) and the Chairman of East African Trade Union Confederation during the Economic Globalization Seminar Organised by the All Chinese Federation of Trade Union held in Beijing - China between 4th December to 8th 2006:

Distinguished Guests;

Brothers and Sisters;

·     On behalf of the Executive Board of the Central Organisation of Trade Unions Kenya and on behalf of the entire trade union fraternity in Eastern Africa I salute the All China Federation of Trade Unions for organizing this important congregation that is at the heart of all trade union leaders. 

·     Let me take this early opportunity to thank the All China Federation of Trade Union for extending an invitation to us from the African continent to share our experiences in Trade Union movement with our brothers in China on Globalisation.  Mr. Chairman, at the onset let me say that Economic Development in Africa has for a long time been arrested by Europe.

·     Since the colonial days during the scramble for Africa, the economic development of the continent has continued to be undermined by Europe.  The European rulers plundered African resources and destroyed most of the traditional institutions that gave way to conflict amongst communities and countries.

·     As African countries struggled for political independence, the West changed their tactics under the guise of reconstructing the continent from the damage caused by colonialism.

·     The change in approach was through prescription of neo-liberal policies that advocate for free trade, privatization, liberalization, deregulation and reduction in the role of state especially in the provision of basic services like in education, health and shelter.

·     The neo-liberal policies are crafted by the International Monetary Fund, (IMF), World Bank and the World Trade Organisation, (W.T.O) to ensure that the West reap to last cent, the fruits of Globalisation.

·     Economic globalisation has caused untold suffering to the African continent.  The process has confined the African countries to raw material producers whose prices are determined by the market in the West.  The pricing structure has devalued the cost of labour to an extent that the producers of primary products have been impoverished.

·     The conditionalities that have been given to the majority of African countries have increased their foreign debts and led to debt crisis.  The demand for free trade has denied some of our countries revenue from tariffs that would have otherwise boosted the ability of our countries to provide social services and generate employment.

·     Economic Globalisation which is supported by neo-liberal policies has been unfair and has only served to transfer resources to the North.

·     Multinationals who are the beneficiaries of globalization have disregarded all conventions that relate to fundamental principles and rights at the workplace. Globalisation continues to cause unemployment through redundancies, retrenchments and outsourcing.

·     Privatization of essential services has not only led to loss of jobs but has also denied the majority of people access to essential commodities like clean water, electricity, medicine and education.

·     The trade union experience with globalization in Africa has been a painful one as it has led to poverty, unemployment and even death where patients cannot get access to basic medicine.

·     We in the trade union fraternity in Africa are looking towards alternatives to Globalization as it has only created competition among our economics that is actually a race to the bottom.

·     African countries have been forced to disregard labour standards to attract foreign investment. Investors are given tax holidays, lower charges and repatriation of profits as incentives; actions that undermine the revenue base on our governments and poor working conditions for our people.

·     We are here to share your experiences, as your system is radically different from the West. It is gratifying to note that the Chinese economy although the most populated in the world has a gross domestic growth rate of over 10%. We know that China despite preserve from other quarters has relied on home-grown policies that have remained relevant and have led to the prosperity now being experienced.

·     The African continent has found a new friend in China and I believe there are similarities in our environment that we can emulate.

·     At the same time, we as trade unionists speaking for the oppressed voice of the workers, we vividly believe that Building Harmonious Labour Relations is important to Economic Development. Good labour relations should lead to increased productivity which should improve the living standards of both employers and workers.

·     However, to build harmonious labour relations, we must have strong labour market institutions, that is a strong trade union organization and Employers organization with an enabling legal framework.

·     Kenya has a strong tripartite system that has ensured harmonious labour relations.

·     However, the neo-liberal policies pose a big threat to industrial peace therefore a need for alternatives to the neo-liberal policies.

·     In conclusion, I wish to laud the co-operation and friendship that is developing between the African continent and China and we believe that this partnership might be an alternative to the neo- liberal globalization that has redistributed resources from the South to the North. 

·     Long live the Africa-China Co-operation.

Thank You.

Unification Congress of the International Trade Union Confederation - Wednesday, 1st November, 2006
The entire speech of Bro. Francis Atwoli, the Secretary General of COTU(K) and the Chairman of East African Trade Union Confederation on the occasion of the Unification Congress of the International Trade Union Confederation held in Vienna - Austria between 28th October to 4th November 2006:

Dear Distinguished Delegates; Brothers and Sisters;

SALUTATION:

I take this opportunity to congratulate the delegates to this congress, which is a landmark in the International Trade Union history.  Special thanks goes to the trade union leaders both at the International Confederation of Free Trade Unions and the leaders at the World Congress of Labour.

Time in memorial labour and capital have been at loggerhead over the share in enjoying wealth that is created by workers. In the majority of cases workers have lost out because while the capital owners consolidate their wealth through multinationals, workers have remained divided on ideological basis, which has made it difficult for all the workers to unite and achieve their objectives.

Today marks a very important occasion in the workers’ calendar as all workers of the world regardless of the difference in ideology have come together to form one powerful International Trade Union Organisation, The International Trade Union Confederation, ITUC. This renewed solidarity should enable the trade unions confront Multinational Enterprises, Governments and International financial corporations in pursuit of decent work agenda and in defence of workers fundamental rights.

GLOBALIZATION AND NEO-LIBERAL POLICIES

As a United Trade Union Organisation under ITUC, we are still faced with challenges that demand immediate attention.

The failed Structural Adjustment Programmes have led many countries into a debt trap, with debts continuing to soak up a major portion of the least developed countries budgets.  Poor countries have been compelled to adhere to conditionalities imposed by the International Financial Institutions (IFIs). This has often led to more financial hemorrhage from poor countries to rich countries.

The massive debts contracted by African Governments have created fiscal crisis that has negatively affected the continent’s economic growth and threatened the livelihoods of the African people condemning them to abject poverty.

Developing countries are normally under increasing pressure to offer incentives in order to attract investments, leading to lowering of labour standards, as is the case in Export Processing Zones, resulting in a destructive race to the bottom.

The objectives of trade unions are to defend and improve the living standards of their members has been made increasingly difficult by reform programmes and of particular importance has been the degeneration of the living standards, job losses and economic recession that leads to massive devaluation of currencies, reduction of Public spending and a higher external debt repayments.

Liberalization of trade across the national borders has led to unfair trade that has transferred resources from the South to the North.  Liberalized trade has also led to closure of industries in developing countries leading to massive job losses and poverty.

WAY FORWARD:

 As we unite into one global Trade Union Organisation we should not loose track of the role of multinationals and the International Financial Institutions.  It is important that we use our numbers to engage the National Governments, the IFI’s and the International community at large on the way to create an equitable and a just society where workers enjoy the fruits of their labour in peace and freedom.

We from the African continent are looking forward to the merger of the ICFTU-AFRO, which the African regional office of the ICFTU, and DOAWTU, which is the African regional office of the World Congress Labour, WCL into one strong continental body next year that should be able to make a difference in the lives of all the working men and women of Africa.  The continental body will have to champion for a change in the world order to make Africa a continent of economic prosperity political stability and social progress.

With these few remarks I congratulate all the delegates for coming to witness this glorious moment where all workers of the world have come together to chart out a new world order that guarantee peaceful coexistence and social progress in solidarity.

Thank you.