By Herbert Jaunch
SWAPO and the National Union of Namibian Workers (NUNW) were close allies during the struggle for liberation. These links date back to the early 1970s, when exiled SWAPO leaders in Tanzania established the Secretariat for Labour.
Inside Namibia, unions affiliated to the NUNW became active from the mid-1980s. They were a militant voice for workers in the final years of the liberation struggle, linking workers' grievances with the broader struggle for independence [won in March 1990].
The relationship was cemented by the NUNW's affiliation to SWAPO in 1993. Five leading trade unionists were nominated and three elected as SWAPO members of parliament in the December 1994 elections. Since independence, however, there have been growing tensions between the SWAPO government and the NUNW.
Following the democratic elections in 1989, the NUNW looked to SWAPO to enshrine worker rights in the new constitution and to pass new labour laws to replace oppressive colonial legislation.
Adopted in 1990, Namibia's new constitution refers to human rights in general; it makes no reference to worker rights. SWAPO argued that, as a new government with limited control over the economy, it was not in a position to guarantee such rights.
The new Labour Act was not passed until November 1992. The delay was caused by SWAPO's insistence on bringing both unions and employers on board, and by what the NUNW perceived as the undue influence of employers on the contents of the act. In the interim, workers continued to suffer the harsh provisions of the old legislation.
During its election campaign, SWAPO promised workers minimum wage legislation as well as paid maternity leave. It did not keep these promises. Other key NUNW demands, including a 40-hour week and 21 days' annual leave for all workers, were also omitted from the bill. The NUNW accused the government of capitulating to pressure from employers and of holding secret meetings with employer organisations while failing to consult with the unions.
The government has chosen the role of "neutral" referee in labour matters. Government support for workers' demands remains rhetorical and — in line with its ideology of a social partnership between government, capital and labour — it expects disputes to be resolved amicably through negotiations.
Social security
In the face of union discontent, the minister of labour set up a commission to make recommendations on minimum wages for domestic and farm workers, who continue to suffer grave exploitation. The minister also tabled a social security bill in October 1994. It provides for paid maternity leave, a national pension scheme and a sickness and death benefit scheme.
An ILO survey of 1990 revealed that 65% of all employees in the formal sector have no access to any form of pension and death benefits or any unemployment support. The bill provides some form of social security. However, despite an estimated unemployment rate of 20-50%, it does not include unemployment benefits, as these are not considered financially feasible. For the first time, domestic workers are also entitled to social security.
The trade union movement is relatively weak. Labour relations are characterised by unjust treatment of workers, non-payment of wages, summary dismissals, racism and disregard of basic human decency. There have been no significant improvements in wages since independence. Even the strongest trade union, the Mineworkers Union of Namibia (MUN), hard hit by retrenchments, has had to settle for wage increases below the inflation rate.
The government acknowledges the abuses workers suffer. In its concern to attract foreign investors, however, it has called on the unions to refrain from militant action and to contribute to an atmosphere of economic stability.
This has drawn a very negative reaction from the trade union movement. The unions have openly criticised the government on several occasions. The government has been condemned for its handling of the land question, the rationalisation of the public service, huge increases in fees at state hospitals and sheltering corrupt officials. The increase in hospital fees, in particular, outraged the trade unions. Increases of up to 300% were described by the Namibian Public Workers Union as a "war against the Namibian people".
An indication of worker disillusionment with the government was the decision by the Rosh Pinah branch of the MUN to call for a boycott of the 1992 regional and local elections. Although the MUN national office distanced itself from the call, the action signalled a warning that Namibia's trade unions are becoming increasingly alienated.
EPZ Act
The conflict over export processing zones (EPZs) exposed the rift. In 1995, the EPZ Act was rushed through parliament without the unions being consulted. The act exempts companies operating in EPZs from the provisions of the Labour Act, and instead empowers the minister of labour to lay down conditions of employment, including health and safety regulations, in these areas.
The government justified the act by arguing that Namibia had not attracted sufficient local or foreign investment. EPZs would provide the answer to unemployment. President Sam Nujoma said the EPZs had to be excluded from the Labour Act in order to allay investors' fears of industrial unrest. He described the act as "a delicate compromise which is necessary to achieve the larger goal of job creation".
The NUNW dismissed the act as a violation of ILO conventions and Namibia's constitution. The federation instructed its lawyers to challenge the constitutionality of the act in court. However, during a high level meeting between the government, SWAPO and the NUNW in August 1995, a compromise was reached. The Labour Act will apply in EPZs, but strikes and lockouts will be outlawed.
A major conflict was narrowly averted but dissatisfaction among organised labour is set to surface again as neither Namibia's liberal economic policies nor the EPZs are likely to meet workers' expectations. The government's desperate attempts to attract foreign investment and the threat of structural adjustment programs are likely to result in further erosion of workers' living standards.
Breaking away?
Namibia's trade unions are beginning to realise that they have to rely on their own strength to achieve improvements. It is likely that the debate on the sensitive issue of the independence of the labour movement will be reopened. Supporters of the NUNW's continued affiliation to the ruling party will have to show tangible benefits for the labour movement.
So far, the NUNW has been unable to decisively influence government policies. Critics accuse the federation of sacrificing workers' interests for the sake of its political affiliation.
NUNW activists who serve in parliament or at cabinet level are accountable to SWAPO only. The NUNW has no influence over them through mandates or mechanisms of recall. NUNW delegates to SWAPO's central committee are a small minority. They can easily be outvoted and then be forced by party discipline to uphold majority decisions.
The stage seems set for increased militancy within the labour movement. The NUNW will have to re-examine its strategies and decide how best to achieve the social and economic aspirations of its members.
[Herbert Jaunch was national secretary of the Namibia National Teachers' Union from 1990 to 1993. Abridged from South African Labour Bulletin.]