The struggles and beyond

History is often created with blood and sweat of those crusaders who fought for justice & rights of our fellow travellers. Where are we heading for as this process is still continuing, is the subject of this time ‘Face 2 Face’.

Al Haj Alavi Mowlana Governor, Western Province, Convener People’s Alliance Trade Union

Bala Tampoe - General Secretary - Ceylon Mercantile, Industrial and General Union (CMU)

Do you justify people being badly affected due to workers’ strikes or struggles? Isn’t the employer or the authority that should be affected?

AM: I do not at all. There should not be any rat-race to achieve the demands. No one can hold the people to ransom. Whatever the demands a trade union wishes to achieve, should be gained through the support of the public. Irrespective of the Government in power, the trade unions cannot win their demands without hard work and struggle.

It will not be given on a platter. We have come through the hard way. Even now though I am the Governor, I still appreciate my 53-year long experience as a trade union activist. The moment I leave this post I shall go back to perform my duties as a trade unionist.

Today everything is highly politicized. Today we are fighting to achieve the workers’ rights that our forefathers fought for - Not to gain anything new. But for any trade union to get a reasonable demand firstly start with mediation then negotiation and lastly aggression! That is how it should work.

BT: Firstly, all strikes don’t directly affect the public. Those that affect, are the essential services, either public or private. Currently, the private and the public sectors exist side by side.

Sometimes the state may have a monopoly over the services. So, at times strikes because unavoidable in the essential services as well, bringing in pressure indirectly on the minister concerned or the authority. If enough people go on a strike, the authorities cannot put everyone behind the bars!

It is not a question on justifying, but if you do not go on a strike, then the authorities will never recognize workers’ necessities. At times during such strikes, the authorities use the public as ransom and attack the strikers. But, what is the most important is the reasonable demands that caused the strike.

In your point of view, how do you think trade unions should work? Should thy focus on welfare matters or should they carry on with a political vision?

AM: We are dependent all the time. No one can claim to be independent.

Even the trade unions depend on political visions. And must seriously focus on the welfare of the workers. Presently, there is so much division among the working class as well. This is not favourable at all. Leaders may come and go but the working class has to go on! Public support should always be there for worker demands. There were times whenever we made any demands, we were remanded.

Ministers, bureaucrats and the workers should have a constructive dialogue periodically. This is a method that should be implemented.

BT: The modern concept is ‘Cooperate Social Responsibility’ (CSR) recognized even by the ILO. This means a cooperate should give thinking to whatever the policy it follows towards social responsibility.

This includes the ecological concerns as well. My argument is what about the workers’ social aspect of life? If the child falls sick, the mother has to stay back, because people cannot afford to have a domestic aide. In our Union Office, we give sick leave to the mother when her child is not well. Employees should be looked at as social beings.

Today ILO stresses on working in favourable work places. Proper working conditions and wages run parallel. So the unions should look at all the aspects. In order to enjoy some welfare benefits, for example free transport and cost of living allowances, the unions are to face a political struggle. Genuine trade Unions have to be genuine workers’ organizations and should be able to defend and look after the interests of the working people.

Are there any differences between the situations the private sector-worker faces as against those of the public sector workers do? Workers believe that the private sector employees are facing more difficulties and injustices.

AM: I believe private sector employees may be at the highest point of exploitation! For the public sector employees their job is assured. They have adequate leave when they fall sick etc.

But for the private sector employees there is no way out, and one would not want to face superiors to highlight their difficulties because the next day they going to be missed out.

The commitment is at such a level in the private sector because the production has to be brought to the cater to the demands. Therefore, these workers are getting a very raw deal. We can see much of exploitation, Overtime work and so on. I believe with regard to the private sector, still we are lagging behind.

BT: Private sector employees, those who are not state employees, consists of 60% of the entire working class - including the self-employed. Trade Unions operate in a very few companies.

Though we, the CMU, have a majority representation in private sector companies yet we are a minority comparatively. Within certain limits we can win our demands. Sometimes it is not adequate at all. In the private sector one can earn more only by sweating more for it. So the workers pay for the inflation by sweating more and getting more profits to the owner.

In such situations, how can the private sector workers find relief or a solution?

AM: The Ministry of Labour is there whatever is said and done with its own lapses and successers! That is the machinery. Yet it also needs some improvement and more man-power to effectively function.

Governments may come and go, but the labour department has to stand up! I believe it stood in this position for the past years.

BT: The only solution to the majority of the private sector employees who are without the support of the trade unions or backed by trade unions but without bargaining powers, is the social remedy.

That means the State ought to control the cost of living, provide housing, provide proper transport and so on. But such is not possible in a country like ours where the people in control of the State are feeding themselves and their supporters, which is a minority. The other thing is that the trade unions should educate their own members.

People say that today’s trade Union struggles are not as strong and effective as in the past. What are your comments?

AM: There is no collective unity among the trade unions. So much of divisions we see. It is one of the main reasons for it to lose its strength it used to have those days. Trade Unions must think collectively and work together towards achieving their demands. When there is pollution there can be no solution!

There were divisions among the trade unions throughout. But the situation was much more improved then. Those days we had stalwart activists, leaders etc. Now we do not see many except for the very few who are from a past era. Petty party politics, are damaging to a greater extent. When one becomes prominent, one loses one’s sight!

BT: Today there are not many workers’ struggles. There was a time, during the regime of late Prime Minister Dudley Senanayake, from 1965 to 1970 when there were 70 strikes the CMU branches! Mr. Dudley Senanayake had a personal interview with me at his house and the result was the enactment of Employment Act. It was the result of the 70 strikes we launched.

How do you see certain services becoming “essential services”?

AM: Well, we know that this comes with emergency laws of the country. The emergency laws are there to combat insurgency. While we are talking here, there is a war going on in the North. We have to understand that as well. The final weapon should be the trade union action. No country in the Asian region is facing this much of crisis. But of course as I said earlier no Government will give our demands on a silver platter. In such cases, one has to comply and complain!

BT: The ILO clearly defines essential services only as those which are indispensable to the community for the sustenance of life and it can be life endangering if not provided.

But now the Government has made the Garment industry an essential service and all the public sector services too as essential. We opposed that. And the ILO gave a ruling that they cannot call these as essential services. But even in essential services people must have the means to get redress. Once I participated in a conference in Germany and one of the speakers, a union representative, was a police officer of the German police.

How is the Sri Lankan situation compared to that in other countries?

AM: The comparing with the Asian region, we should be proud of our status. We have accepted the ratification and the convention of the ILO. On the other hand we have strong laws to protect the worker. Of course, there can be flaws in the laws as well. At present we do not see any victimization as such.

We see the safeguards are there, despite the current security situation in the country. Emergency can change the situation.

BT: Richer industrial countries like France and Germany have a much more powerful working class, much more powerful legislature. In a country like ours the situation is different.

We were better off up to a point especially, immediately after the World War Two. One time the CMU had over 35,000 members. The unionization is very low at present mainly because the private sector recruits are largely more casual employees.

There was an attempt to bring in a Workers’ Charter by President Mahinda Rajapaksa when he was the Labour Minister during President Kumaratuga’s period. Do you think the situation would have been improved if that was endorsed?

AM: It would have been much better. But even the Charter was tried to make it better. The then Minister of Labour, President Rajapaksa tried to bring it with good faith. The safety of the contract workers would have been strengthened if the Charter was enacted.

But I believe, as per my observations that the present situation has improved. Trade Unions cannot be suppressed whatever is said and done. A little bit of unity among the unions can strengthen them further.

BT: Would have given more security to some basic compensation to contract workers. Under this no contract worker could be assigned for the work of a regular worker. I was with the then Labour Minister Mahinda Rajapaksa, at the ILO convention where he was going to present the Workers Charter, but he was removed from his ministerial post.

There he lined up 32 ILO conventions that the Government should implement. But unfortunately he forgot this in his Presidential election manifesto.