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POLITICAL STRIKES AND THE LIMIT OF LEGITIMATE INDUSTRIAL ACTION IN NIGERIA: POLICY ISSUES, EMERGING CHALLENGES AND WAY FORWARD


 

By

Femi Aborisade[1]

Labour Consultant and Attorney-At-Law

aborisadefemi@gmail.com

 

Introduction

My interpretation of the above topic given to me is that there is a concern that labour should realise the necessity to organise politically for a radical transformation of society in view of the legal constraints on trade unions to use industrial action for political objectives.

Outline

Assuming that I have correctly interpreted the topic as perceived by the organisers, this paper is based on the following outline:

1.      Definition of terms: Legitimate, Strike, Political Strike.

2.      Theorising Trade Union Goals And Methods Of Organising.

3.      The relevance of Anthony Gramsci’s Hegemony and Counter Hegemony in Redefining the Political Task of Trade Unions Today.

4.      Conclusion.

 

Definition of terms

‘Legitimate’

The Free Online Dictionary[2] defines ‘legitimate’ (adj) as:

·         Being in compliance with the law; Being lawful.

o   Example: embarking on a legitimate business.

·         Being in accordance with established or accepted patterns and standards.

o   Example: engaging in legitimate advertising practices.

An important conclusion we need to draw immediately from the definition of ‘legitimate’ is that while trade unions operate within some legal framework today, the historical development of unionism is rooted in defiance of the law. The union thus tends to maintain a delicate balance between the two ‘Cs’ – cooperation and contestation, depending on the balance of forces and the issues involved.

‘Strike’

The ILO[3] defines strike as any work stoppage, however brief and limited.  

The Trade Disputes Act (S. 47) defines strike only in connection with employment relationship. The legal definition of strike under the Trade Disputes Act contains seven (7) elements as follows:

1.      Cessation of work

2.      By a body of persons (i.e. collective cessation of work, not individual action)

3.      Who are employed

4.      (and) who act in combination or concerted effort

5.      With the goal or purpose of:

a.       Refusing to continue to work for an employer

b.      Compelling an employer to accept or not to accept a term of employment or physical condition of work, or

c.       Aiding  other workers to compel their employer to accept or not to accept terms and physical conditions of work

6.      The action must be in consequence of a trade dispute.

7.      The form of action may include:

a.       Deliberate refusal to work (wild cat strike), or

b.      Deliberately working at less than usual speed or with less than usual effectiveness.

Thus, for example, striking against fuel price increase would not qualify as a lawful strike under the Trade Disputes Act, strictly speaking.

 

‘Political strike’

Political strike is one of the recognised typologies of strikes. The ILO Committee of Experts[4] classifies strikes based on the nature of demands or objectives of strikers and therefore presents the following categorization of strikes –

·         occupational strikes (seeking to guarantee or improve workers’ working or living conditions),

·         trade union (seeking to guarantee or develop the rights of trade union organizations and their leaders),

·         sympathy strikes (where workers come out in support of another strike,  and

·         general and political strikes

 

Just as the definition of strike under the Nigerian Trade Disputes Act does not accommodate political strikes as lawful, so also, the ILO Committee on Freedom of Association[5] considers that ‘strikes of a purely political nature … do not fall within the scope of the principles of freedom of association” (ILO, 1996 para. 481).

From the standpoint of the Committee, while the right to strike does not cover strikes of a purely political nature, it covers those which seek a solution to major issues in economic and social policy. Thus, within the framework of this ‘principle’, it appears strikes against increases in the price of petroleum products would be lawful while the popular strikes declared by the labour and trade union movements in support of the annulled June 12, 1993 election to enable MKO Abiola actualize his mandate and to terminate military dictatorship would be fit for restraint and repression.

Indeed, in Adams Oshiomhole and Nigeria Labour Congress V. Federal Government of Nigeria and Attorney-General of the Federation[6], the Court of Appeal declared a strike action against imposition of a N1.50 fuel tax (effective from 1st January 2004) illegal. The court held that the Nigeria Labour Congress had no right to call out workers on strike against general economic and political decisions of the Federal Government because such had nothing to do with breach of individual contracts of employment with various employers as envisaged in the Trade Disputes Act.

 

THEORISING TRADE UNION GOALS AND METHODS OF ORGANISING

Part of the challenges confronting trade unionism in the 21st century is the need to rethink trade union goals and how best to organise to attain them.

The task of redefining trade union goals and roles in the political development of Nigeria has become more pertinent than ever before in view of excruciating poverty pervading the land. Yet, we need to appreciate that poverty is a creation of politics. The problem of poverty is a product of political choices or decisions. Thus, the poor are poor because the rich are rich. The process of enrichment of the rich is the process for the dispossession of the poor.

 

Examples: 

·         Income Inequality: The resources of the country are used first to satisfy the greed of the rulers and the crumbs that remain are used to attend to the need of the majority. That is why a typical Senator earns more than two times what the US President earns while the official minimum wage is only N18, 000! The US President earns only about N60 million per year compared to a Nigerian Senator who earns at least N163 million per year. That is why the National Assembly has refused to obey a recent court order, which ordered it to publish budgetary allocations it has received.

·         Privatization: The rich Nigerians dispossess society of the common patrimony and enrich themselves in the name of privatization. Privatisation is looting (of common inheritance) by the ruling class.

·         Social Services: The rulers go abroad for medical care and send their children abroad for education, using public resources, while they refuse to implement constitutional provisions, which mandate them to provide cost-free education and health care for the masses.

·         Housing Demolition: The rich live in mansions and demolish the shanties where the masses live in order to build houses, which only the rich can afford.

·         Aiding developers to rob people of their land: The ruling class helps enrich so-called private developers with land compulsorily acquired from poor people under the Land Use Act. Many of the so-called private developers lack the capacity to provide houses. So, they end up selling the land at exorbitant prices to individuals. Alternatively, they demand initial mortgage deposits, which only people who have taken questionable government contracts can afford.

·         Bank salvage: While thousands of bank workers lost their jobs on the basis of bank consolidation and reforms, the bank owners were helped with huge resources to save their investment and prevent bank failure. Meanwhile, education, health, housing for the poor, and so on, remain underfunded. As at 2009 when I religiously tracked the CBN injection of funds into the banking sector to salvage the banks from collapse, the CBN had committed not less than N1.82trillion[7].

·         Establishment of AMCON: AMCON stands for Asset Management Corporation of Nigeria. It was established in 2010 following the promulgation of its enabling Act. It is a Special Purpose Vehicle (SPV) through which non-performing loans (loans which the beneficiaries are no longer repaying) would be absorbed by the CBN. In line with this objective, according to the CBN Governor, Mallam Sanusi Lamido Sanusi[8], the CBN has recently acquired the non-performing risk assets of some banks worth over N1.7 trillion. The AMCON is funded mainly by the CBN contributing N50 billion annually into a sinking fund while the banks contribute only 0.3 per cent of their total assets. According to the press, President Jonathan’s Economic Advisers are among the debtors, owing N1.3 trillion of the debts absorbed by AMCON[9]. The AMCON list of debtors[10], according to the 17 September circular issued by the CBN comprised 113 companies and 419 individuals. The companies included Femi Otedola’s Zenon Petroleum and others that were allegedly involved in the fuel subsidy scam, estimated at US$6.5bn[11].  

·         Corruption: According to the IMF[12], over $700bn had been realized in oil revenues alone since 1960. Eighty five per cent (85%) of this sum accrues to only 1% of the population.

Also, Ribadu[13] asserts that ‘Between 1960 and 1999, Nigerian officials had stolen or wasted more than $440billion. That is six times the Marshall Plan…’ - the total amount that was used to rebuild the whole of Western Europe after the massive destruction produced by the 2nd World War. In spite of the oil wealth, there is an alarming incidence of poverty, which has turned the country into host to 6% of the core chronically poor in the world[14]. The APRM Report on Nigeria asserts that the country is host to the third largest concentration of poor people in the world after China and India and is among the top 20 countries in the world with the widest gap between the rich and the poor.

Historically, trade union goals can be conceptualised within the framework of two extremes – pure trade unionism and radical or revolutionary unionism. The goal, which characterises a particular trade union, tends to define its organisational methodologies, effectiveness and social relevance.

To this extent, trade union goals and methods of organising to attain them may be broadly classified as follows:

1.      Apolitical pure or economistic trade unionism

2.      Syndicalist trend

3.      Social Movement Unionism, which has different variants, including:

a.       Partnership unionism

b.      (Traditional) democratic political unionism

c.       Cosmopolitan (broad-based, alliance seeking) unionism

d.      Moral and ethical unionism

e.       Radicalized political unionism

Let us briefly examine each of the above. 

1.      Apolitical pure or Economistic Trade Unionism 

The economistic theory looks at trade unions as purely organisations concerned with the employment relations. It therefore denies workers or trade unions a political consciousness.  To this theory, workers are and should just be concerned with ‘negotiable’ employment issues – wage increase, improvement of working conditions, etc. According to this theory, trade unions should just be concerned with collective bargaining, lobbying legislators and government to pass favourable legislation, embarking on ‘responsible’ strikes aimed at settling terms and conditions related to problems arising out of the employment relationship.  This kind of reasoning informed successive governments in Nigeria labelling strikes against increases in the prices of petroleum products as ‘political’ and therefore outside the scope of ‘trade unionism’.

In fact, a court judgment has backed up this economistic perspective of the role of trade unions. This was the case in the June 2007 nationwide strike action. As recorded in the judgment of the Court of Appeal in Adams Oshiomhole and Nigeria Labour Congress V. Federal Government of Nigeria and Attorney-General of the Federation[15], the court declared the strike illegal. The major issue in the case was the imposition of a N1.50 fuel tax with effect from 1st January 2004 by the Obasanjo regime. Labour and other civil society organizations declared a strike against it. The court held that the Nigeria Labour Congress had no right to call out workers on strike against general economic and political decisions of the Federal Government because such have nothing to do with breach of individual contracts of employment with various employers as envisaged in the Trade Disputes Act.

The above decision of the court however runs counter to the principle established by the ILO Committee on Freedom of Association, which stated that the occupational and economic interests which workers defend through the exercise of the right to strike do not only concern better working conditions or collective claims of an occupational nature, but also the seeking of solutions to economic and social policy questions[16]. In the same spirit, the Committee stated that workers and their organizations should be able to express their dissatisfaction regarding economic and social matters affecting workers’ interests in circumstances that extend beyond the industrial disputes that are likely to be resolved through the signing of a collective agreement[17].

The classical right-wing definition of trade unions was offered by Sidney and Beatrice Webb, almost a century ago and also subscribes to this view of trade unions as economistic organisations: ‘a continuous association of wage earners for the purpose of maintaining or improving the conditions of their working lives’.

The Nigerian legal definition of trade unions in The Trade Unions Act also restricts the role of trade unions to the economic disputes/issues at the workplace. The Act defines a trade union as ‘any combination of workers or employers … the purpose of which is to regulate the terms and conditions of employment of workers’.

From the foregoing, those who restrict unions to economistic roles do so for either of two reasons as Lenin (1970) pointed out: hypocritical screen for counter revolution or a complete lack of class consciousness.  This means either a conscious attempt to ideologically enslave the working class to the bourgeoisie, or (ii) unconscious enslavement of the working class to the bourgeoisie. The latter reflects a low level of class consciousness.

However, the weakness and bankruptcy of the economistic theory is that economic decisions are products of political decisions. The wage structure and pricing of petroleum products, prospects for job security, pension and gratuity matters, elongation of retirement age, and so on, are politically determined. Why then should the workers and their unions not be involved in conscious political activity to reshape their future? In situations where the oppressed classes are not significantly involved in political decision making processes, meeting basic needs and solving poverty issues will remain a mirage.

 

 

2.      The Syndicalist Trend

 

Syndicalism was a reaction to reformist ideas and bureaucratic wariness in trade unions.

The Syndicalist trend constitutes a variety of revolutionary but non-Marxist approaches to workers’ struggle. This is because the trend emphasizes economistic struggle but one that looks at the General Strike alone as a way of overcoming capitalist state power, without paying attention to the need to build working people’s political organisation, which draws within it, all the other oppressed strata traders, student youths, unemployed, farmers, and so on.

The Syndicalists are partially right. The power of the working class is revealed during any general strike. One powerful truth will be realized by all: the operation of the capitalist society depends entirely on the working class. When workers withdraw their labour, everything comes to a standstill. Contrary to the saying that ‘nobody is indispensable’, a general strike reveals that workers are indispensable in the smooth-running of the society.

But on the other hand, the Syndicalists are wrong because the General Strike also reveals the weakness of the trade union movement alone in changing society. AGeneral Strike action raises the question of control of state power: “Who rules, the capitalist or the working class?”  The ruling class will not willingly give up power. It will therefore move to decisively defeat the strike, either by crushing it militarily or by inducements, tricks and maneuvers. To that extent, a General strike cannot persist, indefinitely. Within a period of days or at most, a week or two, the issues must be resolved, in victory or defeat for either class. For the eventual political defeat of the capitalist ruling class therefore, there is a need for mass-based political organisations of the working class, based on the ideas of socialism, which draw behind them all the other oppressed strata. 

Syndicalism is therefore a revolutionary but non-Marxist trend, which:

·         Believes in militant trade unionism as the mechanism for overthrowing capitalism.

·         Rejects the idea of passive strikes wherein workers simply down tools and wait for results. Instead, they advocate marches, mass pickets, secondary picketing of other workplaces, blacking of goods, sympathetic strike actions in solidarity.

·         Does not regard ‘employment contract as sacrosanct which should not be broken. As James Conolly[18] puts it: “No consideration of a contract with a section of the capitalist class absolved any section of us from the duty of taking instant action to protect other sections when said sections were in danger from the capitalist enemy. Our attitude always was that in the swiftness and unexpectedness of our action lay our chief hopes of temporary victory...”

·         States that since the root of the capitalists is economic, the axe must be applied to the root. This conception means a subordination of politics to economic struggles. They thus hold the view that any politics outside economic struggles are irrelevant. They felt a socialist society would organically spring up out of a General Strike.

·         has contempt for unions with reformist or reactionary leaderships, which are regarded as rotten. They argue that ‘to talk about reforming these rotten graft infested unions which are dominated absolutely by the labour boss, is as vain and wasteful of time as to spray a cesspool with attar of roses’[19]

·         Syndicalists would therefore not work in the existing unions contrary to Lenin’s position which argued that to withdraw from the official unions because of the reactionary and counter-revolutionary character of the trade union leadership would be the greatest service Communists could render the bourgeoisie. Rather than abandoning unions with reformist leaderships, Lenin urged that the rank and file could be organised to put pressure on the official leadership.

 

3.      SOCIAL MOVEMENT UNIONISM (SMU)

Social movement unionism is a reflection of the tendency of trade unions to change their strategies as the environment in which they operate changes. There tends to be a relationship between trade union methods of struggle and the operating context. As the environment in which trade unions operate become more hostile, unions tend to develop an orientation towards societal justice movement in which trade unions assume the role of the tribune of the downtrodden against state and corporate injustice. In a hostile environment, trade unions often find out that to retain the loyalty of their own immediate members and wage successful strike actions, they need to build some form of alliance or show social relevance or sensitivity towards wider socio-economic cum political issues affecting the generality of the society as a whole.

WHAT IS SOCIAL MOVEMENT UNIONISM (SMU)?

Tattersall (2005) has drawn attention to heterogeneous terminologies, which refer to variants of SMU. These include ‘union-community coalitions, social unionism, community unionism, social justice unionism or citizenship movement unionism’, and so on. However, a central feature of SMU is coalition-building with organisations beyond the workplace.

Bronfenbrenner and Juravich (1998) have identified a variety of organising approaches, which typify SMU. These include:

1.      anti-corporate campaigning,

2.      union-community coalitions and alliances,

3.      internationalism, and

4.      outreach to non-traditional members.

The social movement orientation is recognised to be most strongly associated with trade unions in the Global South, where workers’ organisations have often been central to widespread societal justice movements.

 

3 (a). PARTNERSHIP UNIONISM AS A VARIANT OF SMU

Partnership Unionism is characterised by entering into a kind of Partnership with the government. It often occurs where a government that is perceived to be pro-labour is in power. The goal of the partnership is often to restrict trade union action since it is perceived that government is more or less jointly run with the inputs of labour. This kind of unionism tends to lead to Government-inspired (or employer-inspired/Management-inspired) unionism.

This method of union organising does not tend to see much need for alliance building with civil society organisations. The leadership that embraces this kind of union organisation tends to rely more on the goodwill of government (or management) rather than the loyalty of members to achieve members’ demands.

A key weakness of this mode of union organisation is that once the membership knows that the concessions they enjoy are borne out of the goodwill of government/management rather than the organisational muscle of the union, their loyalty will shift from the union to the government/ management. The long-run implication is a weakened union.

 

3 (b). (TRADITIONAL) DEMOCRATIC POLITICAL UNIONISM

The traditional democratic political unionism, unlike economistic unionism, recognizes the role of power in human relationship.  It recognizes that the balance of forces within individual enterprises and the larger society is largely determined by the political decision at the level of the larger society.  The perspective therefore encourages alliance building on the recognition that unions have a role to play in extending workers’ rights to have a say in decisions which affect them both in the micro and macro environments. 

However, the political role assigned to labour by the ‘Democratic’ perspective does not give room for the aspirations of the workers to seize political power and re-organise the whole society on a new basis.  The political role expected of labour by this perspective is to be within the framework of existing production relations and power structure. 

We can establish examples of concern for wider national issues (which have nothing to do with employment relations) at every stage of labour’s history in Nigeria.  The point is that while it has a lot of value, the ‘democratic’ perspective concedes the right to govern to some so called professional politicians while labour’s role (as a group/class) is restricted to pressure group activity - asking government to rule with some humaneness. However, the class that wields political power would usually use it, mainly, to advance its own interests. Therefore, unless the working class and the poor are politically empowered, sustaining the welfare of ordinary people, in terms of basic needs cannot be guaranteed.

3(c). COSMOPOLITAN (BROAD-BASED, ALLIANCE SEEKING) UNIONISM

Cosmopolitan unionism encourages full blown alliance building with workplace and non-workplace, civil society organisations in mobilising support for workers and community struggles. However, because of the heterogeneity of the goals of the organisations involved in the alliance, it tends to become depoliticised, lacking political agenda. An example in Nigeria is the LASCO – Labour and Civil Society Coalition.

While this kind of alliance-building may succeed in building groundswell of support for unions in action, it is doubtful whether a depoliticised movement, lacking a political ideology, which is focused on regime and system change, could engender an enduring change. At the same time, it is recognised that an ideologically and politically committed organisation that lacks the capacity to build social support for popular workers’ and community struggles can hardly succeed in winning the confidence of a critical mass of the downtrodden.

 

3 (d). MORAL AND ETHICAL UNIONISM

This perspective of unionism essentially assigns a role to trade unions from a religious and moral point of view.  It is based on the belief in the ‘brotherhood of man’ and the consequent mutual obligations based on compassion for the unfortunate and the belief that evil in society emanates from incessant accumulation of riches and interpersonal competition.

From the point of view of this perspective, the emergence of trade unions, the idea that binds unionists together, the tonic that keeps the union going and sustains it, the rationale and justification for the existence of the union is the extent to which it is committed to upholding and defending certain societal ethics and morals, which make the welfare of the disadvantaged the focus of its activity.

What sustains the loyalty of some members to the union could be its commitment in defence of the poor.  The Late Chief Gani Fawehinmi, in an interview with the Tell magazine expressed this religious factor to explain his commitment to the people’s cause:

By all standards I am not a poor man. I am convenient and comfortable and I believe that if I don’t do what I am doing for those who are not as opportune as myself, God will punish me. Apart from that, I am always at home fighting for the deprived, the neglected, the repressed and the oppressed.  If I have no cause to fight for, I am like a fish out of water.  What sustains me is the struggle.  What gives me blood is my conviction and what propels me is my dedication to that conviction. And so, if I have no genuine cause to fight for, I die[20]. 

Although the influence of religious beliefs has waned in explaining the character of trade unions in our time, it has transformed into concern for ‘justice’.  Flanders points out that the capacity of the trade unions to survive the hostility of the State and sustain the loyalty of union membership is hinged on commitment to justice:

The trade union movement deepened its grip on public life in its aspect as a sword of justice. When it is no longer seen to be this, when it can no longer count on anything but its own power to withstand assault, it becomes extremely vulnerable.  The more so since it is as a sword of justice rather than a vested interest that it generates loyalties and induces sacrifices among its own members and these are important foundations of its strength and vitality (Cited in Aborisade, 1994).               

The ethical and moral theory means that the strength of the trade union movement in its activities and struggles lies in its capacity to win popular support. Winning popular support is also predicated on the types of issues taken up by the trade unions.

Sam Omatseye, writing in The Nation[21] gave us the practical lesson in the electoral victory of Obama as President of the United States

‘I think Obama is also being rewarded for being good to his fellow people. After a Harvard law degree, he could have earned millions of dollars on Wall Street. But he abandoned all of that and went into community organizing, helping people who could not find meals or homes or get education. It was the benefit of that experience that helped him to craft the spectacular victory for the ages. Nigerians should learn that money is not everything. Only love for your fellow human can even give us the success we want.

That is the lesson of Obama’s triumph. We must ponder this while we celebrate’.

If fighting for the vulnerable classes can earn an individual such victory, how much more could the trade union movement advance the cause of fighting to win basic needs for all?

3 (e). RADICALISED POLITICAL UNIONISM

Radicalised political unionism is a variant of the Marxist perspective, which encourages trade unions to fight for reforms (improvement in the day-to-day material lives of the working masses) as a way of building the organisational capacity of an alliance of the oppressed classes, led by the working class, to bring about a revolutionary overhauling of the existing capitalist social order.

As Marx and Engels (1971) wrote in the Communist Manifesto, every class struggle is a political struggle.  Therefore, the question for any trade union or unionist is not whether or not to be involved in politics, the question is which type of politics: politics to influence those in government or politics to seize political power?

The Marxist theory of the state maintains that the state is an instrument of class domination. Whichever class wields political power uses it to advance the interests of its members by oppressing the other class. In a capitalist society, the state is ‘the executive committee of the bourgeoisie’; it protects the property of the capitalist classes and adopts whatever policies, including violence, to sustain the status-quo. Within the capitalist context, the property-less class is taught to understand that it is in its interest, and within the limits of its capability, to revolt, in the striving to defend its interests by fighting against political and/or economic exclusion. Hence, to Marx and Engels, classes seek to protect the self interests of their members:

The bourgeoisie …has left remaining no other nexus between man and man than naked self-interest, than callous ‘cash payment’. It has drowned the most heavenly ecstasies of religious fervor, of chilvarous enthusiasm, of philistine sentimentalism, in the icy water of egotistical calculation (Marx and Engels, 1933:62).

Friedrich Engels expresses similar idea in explaining that social classes pursue the self-interest of their members:

Bare-faced covetousness was the moving spirit of civilization from its dawn to the present day; wealth, and again wealth, and for the third time wealth; wealth, not of society, but of the puny individual was its only and final aim (cited in Bober, 1948:72).

The foregoing underscores the reality of life that in class societies, the ruling class struggles to retain political power and protect the economic wealth of its members while the expropriated, the disadvantaged are compelled to struggle to end their exploitation and repression. Therefore, the source of development and general wellbeing of the ordinary people in a capitalist society like Nigeria is not the ruling class but organized labour – both the waged and unwaged when they form joint platforms for struggles.

That is why Ake (1989:43) argues that development is agency-determined: ‘somebody has to determine that development is desirable, that a particular kind of development should be pursued and in a particular kind of manner’. This shows that desirability of development, the kind of development and the manner of attainment are neither accidental nor objectively determined. According to Ake (1989), since the capitalist state is a specific modality of capitalist domination, the ability to maintain the capitalist hegemony on society and the capacity of the dominated and oppressed classes to deploy effective counter force in reaction to their domination goes a long way to condition the possibility of development. The degree of resistance put up by the dominated tends to determine the extent to which the state uses scarce resources, which should have been invested in developmental programs into maintaining opulence for the bourgeoisie and building the arsenal of terror and a militarized state.

 

The Need for Declaration on Political Party

Nigeria has witnessed governance by bourgeois politicians, both at the centre and state levels. All they can afford to give Nigeria is unprecedented poverty and insecurity.  There is a need to build a Socialist Labour Party or parties, based on the mass of the working class and its allies. It is not sufficient to have a labour party. It is imperative to have a labour party (or parties) that would openly and unapologetically:

·         Be the voice of workers and the poor in the legislature

·         Declare support for the day-to-day industrial struggles of workers and wider issues being fought in the communities and nationally, and

·         Declare socialism as its ideology. The unprecedented degree of social conflicts and insecurity in Nigeria today means nothing but the inability of the capitalist system to take society forward. The pervasive and excruciating poverty in Nigeria today shows there is a vacuum which only a socialist party can fill, based on a programme of eliminating economic inequality and making majority of human beings in the society - the poor - the ultimate beneficiaries of any government policy. Such a party will not be enslaved to maintaining the existing social order; it will campaign for the need to carry out a system change based on the masses stamping their feet on the sand of history and demanding change.  

Three key tendencies have emerged in the attempts and experiences of organised labour to be involved in electoral politics, as follows:

·         In the 1950s, during the anti-colonial struggle, the central labour organisation, the Trade Union Congress, TUC, merely affiliated to the NCNC, instead of undertaking the formation of an independent workers’ party. Though Chief Fagbenro Beyioku, speaking for the conservatives who opposed workers involvement in politics, raised the option of the TUC forming an independent workers party, it was widely perceived that the goal was just to get the TUC to break from NCNC, as nothing was done by the conservatives to initiate the formation of a workers’ party[22].

 

·         In 1983, labour’s attitude, as symbolised in the May Day Address of the NLC President, was a call on workers ‘to vote for only pro-labour politicians in all the political parties’[23].

 

·         Since the 1960s, socialist intellectuals and labour bureaucrats have laboured to form socialist and labour parties. Examples included The Socialist Workers and Farmers Party (SWAFP), the Nigerian Labour Party, the Working People’s Party, etc. The common bane of those efforts and sacrifices was that the parties lacked mass base of support among rank and file workers.

o   As Prof. Olorode observes, the current Labour Party today serves mainly as the platform for all manners of politicians who lack a labour background to contest after they have lost out in the nomination process in the main bourgeois parties. Politics of exclusion and lack of commitment to working class programme tend to be the bane of parties formed mainly by union leaders[24].

The objective we seek to achieve by giving the above historical outline of organised labour’s attempts at ‘partisan’ political party involvement is not to lament or bemoan the past. Rather, it is to allow us to note that any current efforts are not strange. What we need to do is to draw lessons from past experiences.

First, the successes of the Labour Party in winning some seats in the 1964 elections, the victory of the former President of the NLC, Adams Oshiomhole, as Governor of Edo State, the fact that Dr. Mimiko won the Governorship position in Ondo State on the platform of the existing Labour Party, no matter its weaknesses, all show the potentials that exist for a Party built on:

·         the mass of the rank and file workers and the other poor strata, and

·         a program of defending the interests of the poor and the working class.

Second, there is always a need to build an independent workers party or parties, which could enter into electoral alliances or form joint action committees with other radical or pro-labour parties or organisations. Labour deserves to have an independent political party to politically support struggles on industrial and other wider issues, rather than having to lobby ‘friendly’ politicians (whose primary loyalty is to their bourgeois parties) at critical moments. The experience of encouraging workers to vote for ‘pro-labour candidates in all parties’ also tends to strengthen ethnic/regional consciousness and divide workers along the ethnically-based bourgeois parties[25].

Third, trade unions and labour leaders have ‘ready-made’ national structures and mass base of social support, based on traditions of labour struggles, which the ordinary politician lacks. Labour candidates therefore stand a better chance of success in elections than other politicians, provided the party can demonstrate practical commitment to the cause of all the poor strata, including students, traders, unemployed, farmers, and so on.

Fourth, in order to avoid domination of the party by top union leaders, efforts should be made to win the support of the rank and file union membership for the formation of workers party, through referendum and adoption of a resolution to that effect at unions’ special congresses. Such an approach will ensure a steady source of funding for the parties, through direct union-funding, apart from contributions by individual workers.

Fifth, the trade union movement has a duty to embark on a campaign for law reform for the abrogation of all anti-labour provisions and laws. To this effect, the following provisions pose daunting challenges to developing the political muscle of the working class on militant tradition:

·         S. 15 of the Trade Unions Act, which prohibits trade unions from applying its funds, directly or indirectly, for political objectives.

·         S. 30(6) of the Trade Unions Act, which prohibits strikes or lock outs in any essential service. The definition of ‘essential services’ in S. 9 of the Trade Disputes Act is so broad that it embraces almost all sectors of the economy – persons employed in civil capacity in the armed forces of the Federation; persons employed in any enterprise engaged in the production of any materials for use in the armed forces of the Federation;  any enterprise in the private or public sector connected with the supply of water, electricity, power, fuel, sound broadcasting, postal, telegraphic, cable, wireless or telephonic communications; ports, harbours, docks, aerodromes; transportation of goods, persons, or livestock, by road, rail, sea, river or air; hospitals, burial of the dead, sanitation, cleaning, disposal of night-soil and rubbish; outbreak of fire, teaching, banking, Nigeria Security Printing and Minting, Central Bank of Nigeria, and so on. In contradistinction to the Nigerian Trade Disputes Act, the ILO Committee on Freedom of Association[26] has stated that in a general sense, the following sectors do not constitute essential services, in the strict sense of the term: radio and television; the petroleum sector; ports (loading and unloading); banking; computer services for the collection of excise duties and taxes; department stores; pleasure parks; the metal sector; the mining sector; transport generally; refrigeration enterprises; hotel services; construction; automobile manufacturing; aircraft repairs; agricultural activities; the supply and distribution of foodstuffs (ILO, 1996a, para 545).

·         S. 42(1)(A)&(B) of the Trade Unions Act, which has the effect of depriving striking workers of the right to picket. The abrogation of the right to picket is contained in the Trade Unions (Amendment) Act of 2005, which provides as follows:

o   S. 42(1)(A) No person shall subject any other person to any kind of constraint or restriction of his personal freedom in the course of persuasion;

o   S. 42(1)(B) No trade union or registered Federation of Trade Unions or any member thereof shall in the course of any strike action compel any person who is not a member of its union to join any strike or in any manner whatsoever, prevent aircrafts from flying or obstruct public highways, institutions or premises of any kind for the purposes of giving effect to the strike.

o   The provisions of S. 42(1)(A) and (B) of the Trade Unions Act have the same effect as the judgment of the judicial bench of the House of Lords in the case of Taff Vale Railway v. Amalgamated Society of Railway Servants (1901) wherein the court held union funds liable for damages arising from strike actions.

 

·         Ss. 137 and 182, CFRN, 1999: The trade union movement has a responsibility to canvass for constitutional amendment and law reform such that public sector workers who seek to contest elective offices only need to apply for ‘leave of absence’ rather than the Constitutional and statutory requirement of having to resign 30 days before the date of election[27].

Sixth, the Nigerian labour movement should learn from the process leading to the formation of the British Labour Party. The agitation for a distinct labour voice in parliament, in recognition of the ‘class war’ was initiated, not only by a few individuals within the society as a whole but also within the trade union movement. The decision of the TUC to establish a labour Representation Committee (LRC) followed a motion sponsored by only two unions. The motion called on the Leadership of the TUC ‘to devise ways and means for securing the return of an increased number of labour members to the next Parliament’. Mortimer[28] however notes that the decisive factor in strengthening the trend towards support for independent labour representation was not a product of ideological debate but a product of the judgment of the judicial bench of the House of Lords (the highest court in the UK), which made unions and their funds liable for damages arising out of strike actions. That judgment immediately raised concern that labour ought to be represented in Parliament so as to change the law and restore trade union immunity against claims for damages arising from strike actions. The particular case in point was the case between Taff Vale Railway v. Amalgamated Society of Railway Servants. The Railway workers went on strike in 1900. The House of Lords gave its judgment in July 1901. The Labour Party emerged in 1906 by virtue of the name adopted by the MPs elected under the platform of the LRC. The existence of multiple draconian provisions in labour laws in Nigeria makes it imperative for a labour party that is committed to the cause of the workers to emerge to change the law, as part of the first steps.

Seventh, the Nigerian labour movement should also learn from the history of Solidarity in Poland, which effectively combined economic/industrial and political struggles, in spite of threats of clampdown.

In 1980, Poland was engulfed in non-violent strike waves, which paralysed the entire country. The strike started over economic issues, including rises in meat prices and demand for wage increases. The Stalinist regime tried divide and rule tactics by granting concessions to only strategic industries. But this only encouraged more workers to join the strike.

However, a qualitative twist occurred in the strike at the Gdansk Shipyard, where the workers made a list of 21 economic and political demands, including release of political prisoners, reinstatement of sacked workers, erection of a monument in memory of workers who had been killed in 1970, acceptance of free trade unions, the right to strike, freedom of speech and access to the media for people of all faiths, and wage increases. 

The strike was organised under the platform of Inter-Factory Strike Committee, called, MKS, similar to the Russian Soviets or Workers’ Councils, made up of democratically elected workplace delegates, who in turn elected a Presidium.

In spite of the threat of clampdown by the Stalinist Polish authorities, the strike, which involved factory occupations and street protests, spread to over 750 sites around the country and involved over a million workers. Talks between the MKS and government representatives were occasionally broadcast live to the shipyard workers.

The regime attempted to isolate the Gdansk workers. Concessions were made to some segments of workers in order to discourage them from striking. But the strike movement spread like wildfire.

The strike snowballed into a general strike and a dual-power situation developed. The strikers took control of public transport, health service, food distribution, among others. For the duration of the strike, sale of alcohol was banned, including consumption of alcohol by the strikers.

Under the pressure of the strikes and international concentration of attention on Poland, the regime was isolated and weakened to the extent that it was unable to use the armed forces to suppress the strike as it was not sure on whose side their loyalty lied. Indeed, segments of the rank and file members of the ruling Communist Party (Polish United Workers Party, PUWP)were part of the strike and came in opposition to the top leadership of the Party. It was estimated that about a third of the MKS members were PUWP members.

On 31 August 1980, the regime caved in to all the 21 demands of the strikers and signed an agreement, the Gdansk Agreement. The Agreement included acceptance of free trade unions and the independent Self-Governing Trade Union, known as ‘Solidarity’ was formally born. After the formal signing of the Agreement, it took the leadership of the strike as well as the Catholic Church, to urge the strikers in various parts to end the strike. Meanwhile, the strike had forced hundreds of party secretaries and factory managers to resign their positions.

Two weeks after the strike, membership of Solidarity reached 3.5million and within a short time, it rose to 10million. Solidarity then became the most powerful organisation in Poland.

Unfortunately, however, nine years later, in 1989, in the first open and free election[29] since 1946, Solidarity won all but one of the seats contested into the Parliament (Sejm) and subsequently entered into a coalition government, which restored capitalism through market reforms.

The restoration of capitalism was not however the original programme of the strikers. Graffiti on the walls in Gdansk showed that the workers were consciously or unconsciously aiming at political revolution against state capitalism: ‘Socialism yes! But without distortions!’ But the leaderships of Committee for Workers Defense (KOR), MKS and Solidarity, Lech Walesa and others, had limited perspectives.

The collapse of the economy caused by the absence of democracy and the privileges of the ruling bureaucracy prepared the ground for the appeal of capitalist restoration through market reforms. However, this only compounded the economic problems as mass unemployment of over 20 per cent resulted within the following two years.

General Lessons from the experiences of Solidarity (Poland) and British Labour Party

The lessons of Solidarity in Poland and the Labour Party in Britain are that trade unions need representation in parliament.  However, the political and economic wings of labour should work together to gain strength from each other.  They should not restrict the activities of the other wing.  The trade union wing needs to be deeply political and the political wing needs to rely on the collective strength of the trade unions.  Strikes should continue until working class demands are met or favourable legislation successfully passed in the parliament.  Parties and politicians should support strikes and street protests of trade unions and the poor.

RELEVANCE OF ANTHONY GRAMSCI’S[30] HEGEMONY AND COUNTER HEGEMONY IN REDEFINING THE POLITICAL TASK OF TRADE UNIONS TODAY

The task of redefining trade union roles in transforming society could also benefit immensely from an understanding of Anthony Gramsci’s ‘hegemony’ and ‘counter-hegemony’.

Gramsci explains that the dominant groups maintain their domination of society through imposition of their ‘hegemony’ and that it would be necessary for the subordinate groups to develop a ‘counter-hegemony’.

Hegemony

Gramsci postulated that the hegemony or power of the ruling class over society is not just maintained through sheer force or coercion[31] but through a mix of ‘sheer force’ and ‘consent to domination’. Indeed, the state or the dominant group only resorts to coercion as a means of disciplining those who refuse to consent.

Gramsci maintains that consent to domination is manufactured in the sphere of civil society, through various social institutions, the church, the educational system, the press, cultural activities and several other forms of social interaction, which shape behaviour, thought process and perceptions consistent with accepting existing hegemonic social order.

Counter-hegemony

Gramsci explains that developing the counter-hegemony involves two methods:

 

·         A ‘war of maneuver/ movement’, and

·         A ‘war of position’.

‘WAR OF MANEUVRE/MOVEMENT

According to Gramsci, the ‘war of maneuver’ involves direct confrontation with the state through armed uprising, general strikes, and so on, resulting in the subordinate groups physically overwhelming the coercive apparatus of the state[32].

However, the success of the ‘war of maneuver’ is determined by the success of the ‘war of position’. Therefore, Gramsci opines that “one should refrain from facile rhetoric about direct attacks against the State and concentrate instead on the difficult and immensely complicated tasks that a ‘war of position’ within the civil society entails[33]”.  

What, therefore, is ‘war of position?’

‘WAR OF POSITION’

Gramsci explains that ‘war of position’ entails a process of resisting domination with culture. This means developing a strong culture, a philosophical world outlook, which is capable of establishing the necessary institutions for subverting hegemony. This means the culture which makes people to acquire the ability to question their current undesirable state of life, to desire changes, to imagine how changes might be brought about and to be convinced that change is feasible.

To Gramsci, issues of culture lie at the heart of the task of revolutionary transformation of society.

 In the final analysis, Gramsci’s ‘war of position’ may be interpreted as meaning the capacity of the dominated to question the legitimacy and continued existence of a social order and the system of government holding the social order in place. The political hegemony of the ruling class is largely entrenched by the legitimacy accorded the government by majority of the people – the belief and popular acceptance that public officers’ actions, inactions, policies and decisions are an appropriate use of power by a legally constituted governmental authority. Without the consent of the majority, the domination of the dominant class would not have been possible. The critical challenge therefore is to empower ordinary people to accept that any government loses legitimacy the moment it begins to rule without their consent or against their interests and that such a government loses the right to continue to rule.   

Gramsci’s stress on ‘war of position’ should however not be misinterpreted to mean folding one’s arms in the face of tyranny and oppression. Rather, to strengthen the ‘war of position’, Gramsci encourages the building of alliances and a test of strength in series of dress rehearsals. According to Gramsci,

 “The proletariat can become the leading and dominant class to the extent that it succeeds in creating a system of alliances which allows it to mobilise the majority of the population against capitalism and the bourgeois state[34] 

In Gramsci’s view, the working class could only become hegemonic if it transcends its own class interests by articulating demands, which embrace the interests of other marginalised classes. Thus, at the phase of the “war of position”, the working class has to build alliances with other organisations of the poor and forge a shared ideology, capable of isolating and weakening the power of the ruling class[35].

 

CONCLUSION AS WAY FORWARD

The central message I wish to pass with the various theories on trade union goals and Gramsci’s concepts of hegemony and counter-hegemony is that certain principles inform the praxis and practice of trade unionism. It is risky to have unionists who do not understand the world views of the employers and the working class as well as the principles influencing the activities they have freely chosen to engage in, at every point in time.

Generally, trade unionism may be approached with two optional mindsets:

·         trade unionism as a career, or

·         trade unionism as a mission

Depending on the mindset of individual unionists, the import of the above theories is that adopting appropriate organisational and political strategy might indeed be a necessary weapon in unions’ arsenal if they are to strengthen their power and influence in the 21st century.

The alternatives open to trade unions may be displayed on two dimensions, which have been developed by Upchurch and Mathers[36]

1.      On the first dimension, trade unions may either choose an integrative approach, which involves coalitions and social pacts with governments and employers or an oppositional approach, involving alliance building with workers and communities, creating industrial and political organisations for combative mechanisms of protests and electoral contestations.

2.      The second dimension involves either the continuance of a national orientation to problem-solving, which relies on the maintenance or creation or recreation of sympathetic Government/employer support for the aims and objectives of organised labour, or an international orientation, which supplements national initiatives to organizing with establishing solidarity with working class organizations internationally and learning from them.

 

The two operational dimensions are presented in the diagram below:

 

 

ALTERNATIVE TRADE UNION FUTURES

(Reliance on the maintenance or (re)creation of sympathetic Government support for the aims and objectives of organised labour)

NATIONAL

                                            I                                                       II

                                                          

Productivity coalitions with employers                                    Developing combative and militant

and social pacts with governments                              mechanisms of protest and dissent

                                   

INTEGRATIVE                                                                                         OPPOSITIONAL    

 Productivity coalitions with employers                                     Developing combative and militant

and social pacts with governments                                mechanisms of protest and dissent                                                     

                                          III                                                          IV

                                                                                                                         

                                                       INTERNATIONAL

(Supplementing national initiatives with adoption of better forms of struggle from the international arena and establishing international solidarity with working class organisations)

 

I recommend a reliance on an oppositional approach combined with an internationalist orientation.

Within the recommended framework, it will not be difficult to freely find the way to the appropriate political direction to move.

In the final analysis, the choice is for the unions/workers to make.

Philosophers have interpreted the world, the task is to change it.

 



[1] Being Paper delivered at the workshop on ‘SETTING AGENDA FOR LABOUR IN A DEMOCRATIC DISPENSATION: EMERGING ISSUES.’ Organised by the Food, Beverage and Tobacco Senior Staff Association (FOBTOB) in conjunction with the Friedrich Ebert Stiftung on 9 – 10 November 2012 at Grand Inn and Suites, Stadium Road, GRA, Ijebu-Ode, Ogun State.
[2] www.thefreedictionary.com/legitimate (retrieved on 23 October 2012).
[3] ILO Committee of Experts. 1994. Cited in Aborisade, F. 2008. ‘The Right to strike in Nigeria and ILO Principles on the Right to strike’, in F. Adewumi & S. Fajana. 2008. Workers’ Rights and Labour Standards in Nigeria. Lagos: FES & Dept of Industrial Relations & Personnel management, University of Lagos, pp. 70-91.
[4] ILO (Committee of Experts), 1983, para. 217], cited in Gernigon, B., Odero, A. And Guido, H. (2000).  ILO Principles Concerning the Right to Strike (3rd ed.).  Geneva: ILO.
[5] International Labour Organisation (ILO). (1996a). Freedom of association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO. Fourth (revised) edition. Geneva: ILO.
[6]  (2007) 8 NWLR (Pt. 1035) at page 58.
[7] Evidence: According to Olubu (2009: 17 & 36) the CBN had lent over N400 billion to the banks, as at May 2009 (See National Daily, 18-22 May: 17 & 36). The loans were advanced from the CBN’s Expanded Discount Window (EDW). The EDW was created by the CBN to prevent bank failures under the weight of the global economic recession. Under the EDW, banks can borrow for up to 360 days. Before the crisis, they could only borrow over night. Previously, overnight borrowing by the banks attracted 14.75 percent. Under the EDW, interest rate dropped to 17 percent per annum. Earlier in the year, the Nigerian Compass (6 January 2009:1& 5), had reported that the CBN had salvaged the banks from going under by not less than N800billion, ‘without following due process in order not to send the wrong signal to the troubled financial services system’. The third reported injection was the pumping of N420 billion into five of the banks – Intercontinental Bank, AfriBank, Finbank, Oceanic Bank and Union Bank (The Guardian, 15 August 2009: 1 & 49), to salvage them from collapse. According to the Governor of the CBN, this facility would be for a period of between five and seven years. (The Guardian, 29 August 2009: 1 &50). The CBN Governor later clarified that ‘much of that money will never come back because the bulk of the money is in the stock market’ (The Nation, 2 September 2009: 1). There was also the fourth injection of about N200bn into the banks, after the August N420bn. Altogether, as at the fourth injection, the CBN pumped over N1.82 trillion into the banks to salvage their collapse. The sum of N1.82 trillion injected to save the banks as at 2009 amounts to 54% of the N3.4 trillion 2009 Federal Budget. If the Federal Government had committed the N1.82 trillion pumped into the banks as a salvage measure into any social service for the welfare of the poor, radical changes of revolutionary proportions would have been recorded in such sector.
[8] www.bis.org/review/r120320d.pdf (retrieved on 13 October 2012).
[9] Saharareporters internet post of 21 September 2012.
[10] Allafrica.com/stories/201210050236.html (retrieved on 13 October 2012).
[11] Sahara Reporters’ internet post of 21 September 2012.
[12] Cited in M. Watts (2009). ‘Crude Politics: Life and Death on the Nigerian oil Fields,’ (Working Paper No. 25). Washington DC: Institute of International Studies, University of California, Berkeley, USA, available online at <oldweb.geog.berkeley.edu/ProjectsResources/ND%20Website/Nig...> accessed on 22 May 2012.
 
[13] ‘Capital Loss and Corruption: The Example of Nigeria: Testimony before the House Financial Services Committee, 19 May 2009, available online at www.house.gov/apps/list/hearing/financialsvcs.../ribadu_testimony.pdf  accessed on 22 May 2012.
[14] African Peer Review Mechanism (APRM), 2008, paragraph 427 p.142.
[15]  (2007) 8 NWLR (Pt. 1035) at page 58.
[16]  ILO, 1996a, para. 481, cited in Gernigon, Odero, and Guido, 2000.
[17] ILO, 1996a, para. 484.
[18] J. Connoly, ‘Old Wine in New Bottles’, available online at www.marxists.org/archive/connolly/1914/oldwine.htm (cited in International Socialism, Issue 121 of 2 January 2009. Available online at www.isj.org.uk/index.php4?id=516issue=121 retrieved on 20/10/12).
[19] Quoted in Theordore Drapper, ‘The Roots of American Communism. Elephant, 1989, p19. (cited in International Socialism, Issue 121 of 2 January 2009. Available online at www.isj.org.uk/index.php4?id=516issue=121 retrieved on 20/10/12).
[20] cited in Dateline, No. 13, March 30, 1995.
[21] 10 November 2008: back page
[22] F. Aborisade (1992). Nigeria Labour Movement in perspective. Lagos: The Effective Company, p. 17.
[23] Id.
[24] O. Olorode (ND). ‘Trade Unions and the Political Process: The Quest for Democracy in Nigeria’.
[25] NLC (2007). Nigeria Labour Congress Policy Document, available online at http://www.nlcng.org/policydoc.pdf. Accessed on 19 May 2012.
 
[26] International Labour Organisation (ILO). (1996a). Freedom of association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO. Fourth (revised) edition. Geneva: ILO.
[27]  Ss. 137 & 182, CFRN, 1999 for disqualification factors for Presidential and Governorship candidates respectively; S. 107, Electoral Act, 2010 (as amended) for disqualification grounds for contesting an Area Council election.
[28] J. Motimer (2000). ‘The Formation of the Labour Party: Lessons for Today’. Available online at http://www.socialisthistorysociety.co.uk/MORTIMER.HTM. Accessed on 19 May 2012.
[29]  The election held on June 5 1989. Only 35 per cent of the seats were by election while the rest were filled by PUWP and its allies.
 
[30] A. Gramsci. 2003. Selections from the prison notebooks. Hoare, Q., Nowell, S. G., eds. New York: International Publishers.
[31] According to Simon (1991), the use of force or coercion is the domain of what Gramsci calls ‘political society’, meaning ‘the armed forces, police, law courts, and prisons, together with all the administrative  departments concerning taxation, finance, trade, industry, social security, etc’. (R. Simon. 1990. Gramsci’s Political Thought: An Introduction. 2nd Ed. Lawrence & Wishart). See also www.warofposition.com/?page_id=94 accessed on 23 October 2012).
[32] www.warofposition.com/?page_id=94 (retrieved on 23 October 2012).
[33] Cited in J. A. Buttigieg. 2005. “The contemporary discourse on civil society: A Gramscian critique” Boundary 2, 32(1), 33-52. (accessed in www.warofposition.com/?page_id=94 retrieved on 23 October 2012).
[34] Cited in Simon, 1990,op. Cit. (accessed in H. Jauch. ‘Namibia’s labour movement:  Exploring the potential for radical change’ Paper presented at a conference for Socialist Action, Windhoek, 22 September 2012.
[35] Ibid.
[36] Upchurch, M. & Mathers, A. (ND). Social Movement Theory and Trade Union Organising (Available online at www.mdx.ac.uk/Assets/SMTOrganisingAM.doc, accessed on30 July 2012)

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