NOTU/LO/FTF Program Assistant National organisation of trade unions

58
THE HISTORICAL DEVELOPMENT OF TRADE UNIONS IN UGANDA 2011 Compiled by Yazidi Baligasima BPA (IUIU) MPA student (UMI) NOTU/LO/FTF Program Assistant National organisation of trade unions Plot 64 Ntinda Road P.O. Box 2150, Kampala Uganda Tel: +256-414-256 296/+256-414-288 592 E-mail : [email protected] Website: www.notu.or.ug

Transcript of NOTU/LO/FTF Program Assistant National organisation of trade unions

THE HISTORICAL

DEVELOPMENT OF TRADE

UNIONS IN UGANDA

2011Compiled by

Yazidi Baligasima

BPA (IUIU)

MPA student

(UMI)

NOTU/LO/FTF

Program Assistant

National organisation of trade unionsPlot 64 Ntinda Road P.O. Box 2150, Kampala Uganda Tel: +256-414-256 296/+256-414-288 592

E-mail : [email protected]: www.notu.or.ug

2Baligasima Yazidi [email protected] , [email protected]

Table of ContentsFORWARD .........................................................................................................................................3INTRODUCTION...............................................................................................................................5TRADE UNIONS ORDINANCE......................................................................................................8FORMATION OF NATIONAL LABOUR CENTRE ...................................................................10THE CLOSURE OF THE LABOUR COLLEGE AND ULC.......................................................16CLOSURE OF ULC..........................................................................................................................18THE FORMATION OF NATIONAL ORGANISATION OF TRADE UNIONS.......................19FORMATION OF COFTU ..............................................................................................................29THE IMPACT OF INTERNATIONAL TRADE UNION MOVEMENT VIS-À-VIS INDUSTRIAL RELATIONS ...........................................................................................................31INTERNATIONAL INFLUENCE ..................................................................................................33THE INFLUENCE OF KENYA MIGRATION .............................................................................41FEDERATION OF UGANDA EMPLOYERS (F.U.E.) ................................................................43INDUSTRIAL RELATIONS IN UGANDA...................................................................................48

3Baligasima Yazidi [email protected] , [email protected]

FORWARD

Trade unions are growing institutions and anything that grows has

history that is why it is important to know the history of trade unions

in Uganda. However Uganda, until recent, lacks compiled history of

the trade union development. I hope this book will save as a basis

for the development of trade union history in Uganda.

We call upon the trade unions in Uganda to develop their history

and share it on the NOTU website.

The emergency of a new and younger trade union generation

provides a further stimulus to the compilation of Uganda trade union

history. The young trade union members need to know the Uganda

trade union history and it is through these compilations that it can

be achieved.

No doubt, the new emerging issues have entailed a rethinking of the

approach to collective bargaining, requiring new techniques of

bargaining with emphasis on the role of unions at the enterprise

levels. However it may be had for the educators and organizers to

do an effective and efficient role without a reflection on the trade

union historical development in Uganda.

It is my hope that this book will empower trade union leaders,

educators, organizers and general public with information about the

4Baligasima Yazidi [email protected] , [email protected]

historical development in Uganda and help them to make a good

compulsion of the past and present trade union regimes.

Peter Christopher Werikhe Secretary General National Organization of Trade Unions

5Baligasima Yazidi [email protected] , [email protected]

INTRODUCTION

During the 18th Century, workers were faced with long working

hours, getting little wages, without rest days, annual leaves and

public Holidays. This forced workers to unite and form Trade

Unions in order to fight against the exploitation exercised by

employers. The workers fight against exploitation by employers was

met with heavy resistance from both employers and Governments in

that some workers were killed while on strike like in the case of

those in Chicago in America where over 6 million workers were

killed in 1864 and that is why we celebrate the May day in memory of

the blood shed when fighting for the increase of their salaries and

wages.

It will be recalled that before colonialists came to Uganda, wage

labour did not exist, except that many tribes were confined to tilling

land, hunting, fishing making of crafts etc.

Commercial transactions were characterised by barter trade i.e.

spears from Bunyoro were being exchanged for bark cloth and salt

from Lake Katwe for many items including food and beads. In the

same century there were conspiracy laws established such that the

Trade Unionists who operated in Britain once arrested were

deported to Australia in enslavement.

6Baligasima Yazidi [email protected] , [email protected]

It will be remembered that with the American Civil war in 1860s with

subsequent industrialisation in America the British Economy was

threatened and the American cash chops were withheld such that

they were no longer feeding the British Industries. The British

Manchester Textile Industries starved and this forced Britain to turn

against African slave trade to America which slaves were meant to

cultivate cotton, tea, tobacco and others were working in the South

American mines for gold and silver in Mexico and Peru. With the

exercise, the British introduced the growing of cash crops in the

tropics for the Manchester Textile Industries.

When missionaries came to Uganda in 1877 i.e. Protestants and

1879 for Catholics followed by Colonial Government, the British

introduced the growing of cotton in 1903. Tea and Coffee were

introduced in the year 1923 and these were to be grown by

Buganda, Busoga, Toro and Ankole very cheaply. The “giants” from

the North and Kigezi were to provide cheap labour. The first kind of

wage labour in Uganda was migrant labour which came from India

to build the Railway line from Mombasa to Kampala which was used

to transport crops from Kampala to Mombasa for British

manufacturing industries which products became expensive on

their return.

It was not until the year 1940 when the Labour Party was in power in

Britain that a Development and Welfare Act was enacted. Among

other things, the British Government would finance economic

7Baligasima Yazidi [email protected] , [email protected]

projects in the colonies only if fair wages would be embodied in the

laws of the colonies and that the affected colony provides laws and

facilities for establishment of Trade Union activities.

In the case of Uganda the colonial administration was not in favour

of Trade Unions but preferred to have works committees and these

committees were selected by the employers. The committee

members were selected from members of management and few

members from supervisors who were advancing the interests of

management. In general, these committees did not work to the

expectation of the workers interests in that it forced workers to form

Trade Unions.

In the year 1945, I.K. Musazi organised the Uganda Tax Drivers

Association whose aim was to demand for the marketing of Ugandan

cotton and coffee. Also to demand higher wages and salaries this

resulted in calling for a national strike. This strike paralysed many

Government activities in that many workers demands included the

right to organise trade unions, the right to organise co-operatives

and the marketing of their tea, cotton and coffee. To stop the strike

the colonial Administration deployed the army which killed some

people on the strike and some workers were arrested. I.K. Musazi

and Kivu were arrested and deported to Karamoja.

The strike was called No. 8. The two gentlemen Musazi and Kivu

were released after 2 years and came back to Buganda.

8Baligasima Yazidi [email protected] , [email protected]

In the year 1949 again Musazi and Kivu called another strike under

an organisation known as the Uganda African Farmers Union having

been joined by Uganda Transport and General Workers Union. The

strike was known as No. 9.

The colonial Administration found it necessary to ban the Uganda

Tax drivers Association by also arresting Musazi and Kivu and

leaders of Uganda Transport and General Workers Union labelling

those organisations for being politically motivated which forced the

protectorate administration to concede to their demands.

TRADE UNIONS ORDINANCE

In 1952, the colonial administration introduced a Trade Unions

Ordinance which included the following:-

The formation of Industrial Unions.

Trade Union funds to be supervised by the Government.

All unions donations to go through the Government

Ugandans were free to form Political parties

Formation of Co-operative societies

Trade unions not to affiliate to political parties

Trade Unions must be registered.

In the Trade Union Ordinance, emphasis was put on Unions backed

by specific body of Industrial workers. The provisions of the

9Baligasima Yazidi [email protected] , [email protected]

ordinance spelt out that all Union members except the Secretary

should have been employees of the Industry concerned for at least

three year and that membership of more than one union was illegal.

The registration of unions was compulsory and Annual Inspection

and submissions of financial returns to Government was a must.

In the same ordinance non-industrial organisations were

discouraged.

When the ordinance came into force the following unions were first

registered:-

1. Kampala Local Government staff (Association for

Europeans & Asians)

2. Busoga African Motor drivers union

3. The Railway Asian Union

4. Uganda Posts and Telegraph African Welfare Union.

The above Unions (3 and 4) were formed as a result of contact with

the more developed Kenya Union movement through the East

African High Commission.

The Railway African Union remained registered in Kenya due to

internal Administrative problems as was required by the setting up

of an independent organisation in the new ordinance. This was

finalised at the beginning of 1955.

10Baligasima Yazidi [email protected] , [email protected]

With the introduction of The Trade Union Ordinance in 1952. The

works committees because spokesman of workers which

committees were chosen by employers which were composed of

Management officers and supervisors which never represented the

workers interests.

By 1957, many unions had already been established and trade

unions organisations now appealed to workers as means of

protection from competition from outside labour and the resulting

opportunities for exploitation by employers.

This trend of registration continued up to date. Many unions

continued to be registered and by the time the National Centre was

formed, Unions had multiplied.

FORMATION OF NATIONAL LABOUR CENTRE

With the increase of a number of unions, the International

Confederation of Free Trade Unions (ICFTU) felt that there was need

to introduce a National Labour Centre where co-operation and

assistance to Ugandan workers would be channelled. The ICFTU

sent the late Tom Mboya of Kenya Federation of Labour to Uganda

who together with Uganda Trade Unionists agreed to form the

Uganda Trade Union Congress in 1955, and the Headquarters were

at Radiant House in Kampala. The leadership of T.U.C. was headed

by H.M. Luande as President.

11Baligasima Yazidi [email protected] , [email protected]

The first leadership was as follows:-

1. H.M. Luande - President

2. John Reich - Vice President

3. A. Banyanga - Secretary General

4. F. Pulley - Treasurer General

5. E. Kibuka - Organising Secretary

This team developed a constitution which provided for a Central

Governing Council. The T.U.C. operated smoothly until 1960 when

John Reich and A. Banyanga were expelled for having gone to

attend a conference of All African Peoples Conference in Ghana

without authority from the Governing Council. This marked the

beginning of selfish trend and confusion of Trade Unionists in

Uganda.

After their expulsion from T.U.C. they formed a splinter group and

formed another Trade Union Centre known as Uganda Federation of

Labour (UFL). This eventually did not gain momentum. The centre

was led by John Reich as President and L. Kasolo as Secretary

General. In the case of Mr. A. Banyanga, he joined Metha Sugar

Factory and later John Reich joined Madhvan group of companies in

a managerial position. When the two left the T.U.C. Mr. L.E. Kibuka

became the Vice-President and E.LW. Nakibinge was elected

Secretary General.

12Baligasima Yazidi [email protected] , [email protected]

It will be remembered that the coming of Tom Mboya to Uganda

found individual unions in operation. In the year 1961, there were

political campaigns going on also a number of unions multiplied as

follows:-

Unions which existed and became T.U.C. Affiliates

1. Busoga Local Government workers union

2. Petroleum workers union

3. Civil Servants Association

4. Uganda Posts and Telecommunications Union

5. Namulonge Cotton Research workers union

6. Makerere Workers union

7. Transport workers union

8. Printers workers union

9. Railway workers union

10. Co-operative movement workers union

11. Plantation workers union

12. Tobacco workers union

13. Agricultural workers and plantation union

14. Airlines workers union

15. Textiles union

16. Beverages workers union

17. Community Service workers union

18. Public Employees Union

19. Hotel workers union

13Baligasima Yazidi [email protected] , [email protected]

20. Clerical and commercial workers union

21. Building and Construction workers union

22. Kilembe mines workers union

23. Lango transport workers union

24. Night Security workers union

25. Tailors and Garment workers union

26. Teachers union

27. Uganda shoe and leather workers union

28. Buganda Teachers union

29. Railway Asian workers union.

The establishment of T.U.C. was not made by law like in the case of

NOTU which was established by decree No. 29 of 1973. During the

elections of 1962, Mr. H.M. Luande was elected member of

Parliament for Kampala East on a UPC card and later disagreed with

the UPC administration and left the party to become independent.

This annoyed the party secretariat in that E. Kibuka who was then a

strong UPC with the assistance of other politicians formed a splinter

group and started Federation of Uganda Trade Unions (FUTU) in

1964 whose leadership was as under:-

1. Abdalla Kharim - President

2. Wamalwa - Vice President

3. E.K. Kibuuka - Secretary General

4. J.M. Sheja - Financial Secretary

14Baligasima Yazidi [email protected] , [email protected]

5. Ojambo - Organising Secretary

6. John Twinomusingiz i- Administrative Secretary

The following Unions formed FUTU.

1. Uganda Public Employees Union

2. Petroleum and chemical workers union

3. Breweries Union

4. Makerere College Employees Union

5. Uganda Garment workers union

6. Kilembe Mines workers union

7. Plantation workers union

8. Uganda Night Security Workers Union

9. Uganda Shoe and Lather Workers Union

It was known that the T.U.C. was affiliated to International

Confederation of Free Trade of Free Trade Unions (I.C.F.T.U) based

in Brussels and FUTU was affiliated to All African Trade Union

Federation (A.A.T.U.F.) based in Ghana which Federation was

affiliated to the World Federation of Trade Unions W.F.LT.U. based

in Prague.

Both national Labour centres continued to operate up to 1966 when

they agreed to form a unity committee composed of the following

members:-

15Baligasima Yazidi [email protected] , [email protected]

1. Stanley Okwir – Chairman Hotels Union

2. John Kalangari - UEB Union

3. I.M. Sheja - Petroleum Union (Secretary)

4. Romano Imanywoha - Plantation

5. Peter Opata - Pastoral Union

6. John Rwamashongye - Mines Union

With the recommendations of the committee, both centres agreed

and formed the Uganda Labour Congress (ULC) led by the

following:-

1. 1. H.M. Luande - President

2. 2. J. Kalangari - Vice President

3. 3. L. Senkezi - Secretary General

4. 4. J. Twinomusinguzi - Vice Secretary General

5. E.K. Hall - Treasurer

6. D.H. Lule - Education Secretary

7. E.K. Kibuka - Organising Secretary

8. H.M.S. Okwir - Assistant Treasurer

9. I.M. Sheja - Ass. Organising Secretary

16Baligasima Yazidi [email protected] , [email protected]

THE CLOSURE OF THE LABOUR COLLEGE AND ULC

The British Trade Union Congress (TUC) sponsored its own

programmes in Uganda by assisting unions through material gifts

and taking trade union leaders to Britain on TUC courses.

In early 1951, the Colonial Administration in Uganda had accepted

that localised Education was the most efficient mechanism for union

training. The said idea was adopted by I.C.F.T.U. in 1957 but before

1957 the I.C.F.T.U. opened up a labour college in Kampala. In May

1958 it was decided that the Labour College should be in Kampala

due to its accessibility by Rail and Air and close to multi-racial

University of East Africa.

The College started operating in November 1958 by conducting

constant series of training courses ranging from 1 week to six

months. All significant unions had in its executive a trainee from the

college course and shared their experience with the African ex-

unionists on the other side of the bargaining table.

Union leaders were coached for key negotiations by the I.C.F.T.U.

advisor and used information provided by the Research Department

of the college. The training was reflected in the increasing use of

comprehensive collective Agreements modelled on those in use in

17Baligasima Yazidi [email protected] , [email protected]

Sweden and North America and more willingness to accept a

system supported by legal sanctions.

In early 1968, the students at the college disagreed with the

principal Mr. Wadu Ananaba and later went on strike. During the

course of the strike, the students cautioned the Ghanaian and

Nigerian girls from falling in love with the lecturers of the college

least they live unwanted children in Uganda by putting it on the

notice board. This annoyed the principal in that he ordered to see

all students note books in order to bring culprits to book. All these

efforts did not produce results. A few days after, 3 students from

Uganda, Mauritius and Liberia were suspended and barred from

attending classes. About 25 other students walked out of classes in

support of suspended students who they wished to be allowed to

attend classes. Then the college authorities stopped the students’

allowances for a period of 2 weeks by also calling in the police to

guard the college and staff of the college. They were accused of

being anti-government and that they were hiding dangerous

weapons under their mattresses.

The students rooms and stems were searched. No dangerous

weapons were found. The college continued to be guarded by

police and army. When the principal contacted Brussels on what

could be done, authority came to the conclusion that the suspended

students should be allowed to continue with their lectures and that

all those whose allowances were suspended continue to be paid and

18Baligasima Yazidi [email protected] , [email protected]

those were the last intake hence the college was closed in May

1968.

CLOSURE OF ULC

In the same year of 1968, Mr. E.K. Kibuka staged a coup in Uganda

Labour Congress alleging that the leadership of the congress was

unable to serve its affiliates, full of selfishness, weak etc. The

allegations made by Kibuka were as follows:-

1. That the ULC had failed to call the central governing council

meetings as required by the constitution

2. That the ULC administration had failed to produce accounts

as required by the constitution.

3. That the ULC had failed to mobilise funds from affiliates and

was only depending on hand outs which came from

I.C.F.T.U.

The government had lost confidence in H.M. Luande who was ULC’s

president and decided to suspend the activities of ULC.

Then Government appointed a one man Commission of Inquiry in the

names of Godfrey Lukongwa Binaisa QC, who was to inquire into the

19Baligasima Yazidi [email protected] , [email protected]

dispute affecting the executive board of the Uganda Labour

Congress and report to Government of the Republic of Uganda.

With closure of the ULC Individual 24 Unions which were operational

during the period of ULC continued to function without the National

Labour Centre. This time every union was to be allowed to use its

funds with the permission from the government i.e. through the

Registrar of Trade Unions.

It will be remembered that when the inquiry was conducted by Mr.

Godfrey L. Binaisa, the allegations made against the ULC leadership

were disproved. In the course of time the government established a

Trade Unions Act 1970 which was to make the ULC one Trade Union

and the rest affiliates as branches of ULC and by reducing some

branches to few. Before the Act was put in force, in January, 1971

the Obote 1 regime was overthrown by the Military coup of Idi-Amin.

The unions had selected a six man team which acted as an advisory

committee led by L. Senkezi the former Secretary General of ULC.

THE FORMATION OF NATIONAL ORGANISATION OF TRADE

UNIONS

Coincidentally, on 25th January 1971 the government was

overthrown by Amin’s military regime. Accidentally, the March 1971

trade Union Act Amendment Decree reversed to the 1965 Trade

Union Act. The coup helped trade unionist especially the

20Baligasima Yazidi [email protected] , [email protected]

coordinating committee to press the then president, Idi Amin hard

through a civilian Minister of labour (Mr. Katagira) to create the

National Organisation of Trade Unions (NOTU) in 1973. So in 1974

NOTU was launched under the same Decree and trade unions were

reduced from 24 to 16.

Trade unions that formed NOTU in 1973

1. Amalgamated Transport and General Workers’ Union.

2. Uganda Beverages, Tobacco and Allied Workers’ Union.

3. Uganda Building, Construction, Civil Engineering, Cement and

Allied Workers’ Union.

4. National Union of Co-operative Movement Workers.

5. National Union of Clerical, commercial and Technical workers’

Union.

6. National Union of Educational Institutions.

7. Uganda Hotel Food and Allied Workers Union

8. Uganda Mines, Metal and Allied Workers’ Union.

9. Uganda Printers, Journalists, Paper and Allied Workers

10. East African Community General Funds Service

Union(Ug)

11. National Union of Plantation and Agricultural Workers.

12. Uganda Communication Employees’ Union.

13. Uganda Public Employees Union

14. Uganda Electricity and Allied Workers’ Union.

15. Uganda Railways Workers Union

16. Uganda Textile and Government Workers Union

21Baligasima Yazidi [email protected] , [email protected]

The current NOTU affiliates

1. Amalgamated Transport and General Workers’ Union.

2. Uganda Beverages, Tobacco and Allied Workers’ Union.

3. Uganda Building, Construction, Civil Engineering, Cement

and Allied Workers’ Union.

4. Uganda Government and Allied Workers’ Union

5. National Union of Co-operative Movement Workers.

6. National Union of Clerical, Commercial and Professional and

Technical Employees’ Union.

7. National Union of Educational Institutions.

8. Uganda Mines, Metal, Oil, Gas and Allied Workers’ Union.

9. National Union of Plantation and Agricultural Workers.

10. Uganda Communication Employees’ Union.

11. Uganda Public Employees Union

12. Uganda Electricity and Allied Workers’ Union.

13. Uganda Railways Workers Union

14. Uganda Hospitality Leisure and Allied Workers Union.

15. Uganda Media Union

16. Uganda Nurses and Midwives Union

17. Uganda Fisheries and Allied Workers’ Union.

18. Uganda Horticultural and Allied Workers’ Union.

19. Uganda National Teachers’ Union

20. National Union Theatrical, Domestic and General workers

22Baligasima Yazidi [email protected] , [email protected]

In 1973, the National organisation of Trade Unions was established

by decree No. 29 of 1973 as amended by decree No. 20 of 1976. In

the decree, NOTU was made to be the only National Labour Centre

in Uganda. The following were elected to lead NOTU in 1973:-

1. Mr. H.M. Luande - Chairman

2. Mr. Don Joseph Hatangimana- - Vice Chairman

3. R.W.T. Wetosi - Secretary General

4. Mr. M.K. Mukasa - Deputy Secretary General

5. Mr. Romano Imanywoha - Treasurer General

6. Mr. Nyegenya - Vice Treasurer General

The above mentioned team operated smoothly up to such a time

when NOTU Secretary General R.W.T. Wetosi had been involved in

financial problems of Makerere University Employees Union as its

General Secretary which forced him to flee the country to

neighbouring Kenya. Mr. M.K. Mukasa continued to serve as Ag.

Secretary General up to 1975 when new executive was elected. The

following were elected:-

1. H.M. Luande - Chairman

2. E.K. Hall - Vice Chairman

3. J.K. Kalangari - Secretary General

4. P.K. Amandra - Vice Secretary General

5. Y. Okot Omara - Treasurer General

6. M. Kawesi - Vice Treasurer General

23Baligasima Yazidi [email protected] , [email protected]

The above mentioned leadership stayed in office for a period of 4

years with the exception of M. Kawesi who had resigned from Trade

Unionism and was replaced by P. Katabulingi. Mr. Kalangari went to

exile in Nairobi and after the war which overthrew Idi-Amin, Mr.

Kalangari came back from exile on arrival, he was accused of

having sold 2 typewriters which was a donation to NOTU by A.A.L.C.

where the Central Governing Council of NOTU forced him out of

office. Elections were organised in 1979, the following were

elected:-

1. H.M. Luande - Chairman

2. E.K. Hall - Vice Chairman

3. David Wogute - Secretary General

4. M.K. Mukasa - Vice Secretary General

5. Y. Okot Omara - Treasurer General

6. P.K. Katabulingi - Vice Treasurer General

Towards the end of 1980, Mr. H.M. Luande the then Chairman of

NOTU was removed from leadership on flimsy reasons which

originated from printers union. Then NOTU continued under the

leadership of D. Wogute as Secretary General during and after

political campaigns of 1980. He had intended to form a Labour Party

in order to contest with UPC, DP, CP and UPM but when he made

efforts to meet other Trade Unionists on the formation of the Labour

party, many Trade unionists preferred to be in political parties of

24Baligasima Yazidi [email protected] , [email protected]

their own choices. Wogute joined UPM and became one of the Vice

Chairmen of the party to Yoweri Kaguta-Museveni who was

Chairman.

The UPC took over power in 1980 after the General elections. Then

UPC workers councils were established in Industries which councils

tried to exercise the role of Trade Unions in industries. There was a

lot of contradictions between the role played by Trade Unions and

workers councils at the time. Because of Wogute’s fears of his

political position in the UPM as well as his leadership responsibility

in NOTU, he announced his cross over to the UPC.

He advanced a policy of eliminating his political opponents by

alleging that they were in collaboration with the rebels who were

fighting to remove the government from power. When the affected

Unionists learnt of the practice, they hit back by accusing Wogute of

violating the NOTU constitution. By contravening the provisions of

the Trade Unions Decree No. 20 of 1976 on receiving donations and

putting the same donations to personal use. A unanimous vote of no

confidence was adopted by the emergency delegates conference

which took place at the International Conference Centre, chaired by

the Minister of Labour in 1983. At the same delegates conference

Mr. L.S.A. Okolimong was elected the Acting Secretary General.

The Ag. Chairman E.K. Hall and the Treasurer General Y.K. Okot

Omara were left in office by the Conference.

25Baligasima Yazidi [email protected] , [email protected]

Disagreements continued among themselves i.e. between

Okolimong, E.K. Hall, and Okot-Omara where the later were

dismissed by the Central Governing Council. E.K. Hall was replaced

by E. Katuramu as Ag. Chairman who later was replaced by W.O.

Okello on his resignation as Ag. Chairman and R. Senabulya Vice-Ag

Chairperson and P. Katabulingi as Ag. Treasurer and J. Kalema

Vice-Treasurer by Central Governing Council.

During the leadership of S.A. Okolimong during Obote II in July

1983, the following Trade Unionists were arrested and taken to

Mbuya Military Barracks and severely beaten.

1. S.A. Okolimong

2. Okuku

3. R.W. Kasozi

4. W. Batumbya

5. P. Katabulingi

The above arrests came in as a result of the misunderstanding in the

Trade Union movement. With the intervention of the ICFTU Nairobi

office, the President of Uganda Dr. A. Milton Obote directed for the

release of Trade Unionists and were freed after 2 days.

The leaderships of S.A. Okolimong went up to 1988 when the

delegates conference was called, the substantive holder of the post

26Baligasima Yazidi [email protected] , [email protected]

of Secretary General Mr. Okolimong did not participate in the

conference for unknown reasons and the following were elected:-

1. J. Katuramu - Chairman

2. R. Senabulya - Vice Chairperson

3. R.W. Kasozi - Secretary General

4. C. Bindeeba - Vice Secretary General

5. P. Katabulingi - Treasurer General

6. A. Kawoya - Vice Treasurer General

It will be recalled that since the inception of NOTU to date, there has

continued to be groupings, camps, and divisions all aimed at NOTU

leadership. Foreign trips and scholarships have been distributed to

affiliates on the basis of their groupings and camps which has been

the route cause of disunity in the labour movement.

In February 1988 Mr. R.W. Kasozi was appointed by H.E. President

Museveni to the post of Deputy Minister of Tourism and Wildlife. In

1989 Mr. Katuramu died and R. Senabulya took over as AG.

Chairperson of NOTU while C. Bindeeba became Acting Secretary

General in place of R.W. Kasozi and Mr. P. Nankumba came in as

Acting deputy Secretary General.

On 31st January 1991, a Quinquennial Delegates Conference took

place in Kampala and a new Secretariat was elected:-

27Baligasima Yazidi [email protected] , [email protected]

1. Mr. V. Mutekanga - Chairman General

2. Mr. Ouku G.O. - Vice Chairman General

3. Mr. M.K. Mukasa - Secretary General

4. Miss Milly Kazinda - Deputy Secretary General

5. Mr. Ojambo V. - Treasurer General

6. Mrs Teo Sentongo - Deputy Treasurer General

Sr. Milly Kazinda was forced to resign from NOTU Secretariat due to

internal leadership wrangle.

Mr. G.O. Ouku also followed suit in 1994 due to the same reasons.

Then Mr. Joseph Katende and Paul Amandra were made to replace

them on the Secretariat.

In 1995 Mr. V. Mutekanga resigned from the Chairmanship and Mr.

J. Katende was dismissed from the Secretariat and was not replace

and Mr. P.K. Amandra was made Ag. Chairman General.

On 10th May 1996, The Quinquennial delegate’s conference took

place at Jinja and elected new office bearers as under:-

1. Mr. D. Nkojjo - Chairman General

2. Mr. C. Kahirita - Vice Chairman General

3. Mr. .O. Ongaba - Secretary General

4. Mr. J. Katend - Deputy Secretary General

5. Mr. J. Pajobo - Treasurer General

28Baligasima Yazidi [email protected] , [email protected]

6. Mr. W.O. Okello - Deputy Treasurer General

On 24th-26th October 2003, The Quinquennial delegate’s conference

was held in Mandela Sports Hotel, Namboole in Bweyogere Kampala

and elected new NOTU Secretariat office bearers as under:-

Mr. Nkojjo David - Chairman General

Ms. Kaboole Irene - Vice Chairperson General

Mr. Ongaba L.O - Secretary General

Ms. Tunde Mary Marion - Deputy Secretary General

Mr. Kabi Geoffrey - Treasurer General

Nalongo M. Mayende - Deputy Treasurer General

On 18th- 19th December 2008 , The Quinquennial delegate’s

conference was held at Mandela Sports Hotel in Bweyogere,

Kampala and elected new NOTU Secretariat office bearers as

under:-

Mr. Owere Usher Wilson - Chairman General

Ms. Kaggwa Stanley - Vice Chairperson General

Mr. Peter Christopher Werikhe - Secretary General

Mr. Oloka Mesilum - Deputy Secretary General

Ms. Katende Nabulya Sarah - Treasurer General

Nalongo M. Mayende - Deputy Treasurer General

Some of NOTU’s preoccupations since its inception in 1973 include:

national recognition with 5 workers representatives, including a

Minister in Parliament; review and enactment of labour legislation;

29Baligasima Yazidi [email protected] , [email protected]

affiliation to NOTU of 20 trade unions; ratification of IO Conventions;

sensitization of members on the current industrial relations in the

country; reaching out to members in the informal sector;

sensitization of the public about child labour and its evils; sensitizing

the public about sexual harassment in the workplace; improvement

of occupational health , hygiene and safety in the workplace;

establishment and implementation of HIV/AIDS policies in the

workplace; ensuring payment of full benefits to the workers affected

by retrenchment and privatization ;and general improvement of

working conditions in the country. Although NOTU has not been

quite successful in addressing these pursuits, it should in close

cooperation with the other social partners and its affiliates,

redouble its efforts in ensuring that these important concerns are

adequately addressed.

Formation of COFTUThe Confederation of Free Trade Unions (COFTU) is a breakaway of

4 or 5 trade unions from the original 20 NOTU affiliates. These

include: The Uganda Medical Workers Union; The Uganda Textile,

Garment, Leather and Allied Workers Union; The Printers, Polyfibre

and Allied Workers Union; and The Uganda Government and Allied

Workers Union. Unlike Kenya and Tanzania which encourage and

promote one national trade union Centre, in Uganda splintering

seems to be promoted. The splintering of the trade unions in Uganda

has further weakened the trade union movement in Uganda in that

instead of merging, there is now a proliferation of fake or counterfeit

trade unions e.g. market vendors, shoe shiners, boda boda (motor

30Baligasima Yazidi [email protected] , [email protected]

cycle) riders, etc . In one day, 40 of such unions were registered

with the Registrar of Trade Unions/Labour Commissioner. The

government’s indifference to such splintering of the trade union

movement would indicate low interest in a strong national trade

union organization.

31Baligasima Yazidi [email protected] , [email protected]

THE IMPACT OF INTERNATIONAL TRADE UNION MOVEMENT VIS-

À-VIS INDUSTRIAL RELATIONS

In this text, efforts will be made to approach the subject from the

historical aspect of our Trade Union development and the

development of our Industrial Relations machinery and the role

played by International Trade Unions organisations in influencing

our Trade Unions in relation to growth and promotion of our

Industrial Relations machinery.

It will be noted that during the growth of Trade Union movement in

Uganda, there has been wrangles, strifes and mudslinging removals

and replacements of Trade Union leaders in many unions as well as

the apex organisation (National labour centre) which has

contributed to the weakening of the Labour movement in terms of

negotiating for a good Industrial Relations system and machinery.

With the assistance from International Trade Union organisations

both materially and financially, Trade Unions in Uganda have

continued to exist to-date. They have continued to offer Training

and Education to Uganda Trade Unionists so that they acquire skills

and Techniques to enable them negotiate for collective bargaining

and improvement of the Terms and conditions of service.

International influences first appeared in Uganda when more

sensational events prevailed in the political sphere. The deportation

of the Kabaka of Buganda in 1953 involved a number of British

32Baligasima Yazidi [email protected] , [email protected]

Labour party politicians in ensuing negotiations. This period made

the beginning of the British Trade Union Congress (TUC) continuing

interests in Uganda’s Labour Relations and Uganda received

visiting missions from a wide variety of organisations. Aid and

Advisers followed. The process brought about the establishment of

International Confederation of Trade Unions (ICFTU) Kampala

Training College for Union officials from all over English Speaking

Africa.

The influence of Kenyan migration of workers for building the

Railway line speeded up union develoment in Uganda. The first

contact with Kenyan Unionism was made in the Railways which was

rather strong at that time.

The development and growth of Trade Unionism in Uganda in the

long run influenced the growth and formation of the Federation of

Uganda Employers. The Federation of Uganda Employers was first

registered in 1945 but its aims were only specifically for

constructive criticisms against the Colonial Administration.

By 1948 the Federation became defunct because it was badly

organised. When the Secretary for the Overseas Employers

Federation visited East Africa in 1958 in connection with

developments in Kenya, employers formed a society of Employers

which later changed its name to the Federation of Uganda

Employers in July 1961.

33Baligasima Yazidi [email protected] , [email protected]

The Federation offered technical advice to the employers to

negotiate with unions on issues of collective bargaining. This also

encouraged the growth of Trade Union movement in Uganda.

INTERNATIONAL INFLUENCE

It will be remembered that the ICFTU sent Tom Mboya of the Kenya

Federation of Labour to come and establish a National Labour

Centre in Uganda in 1955 which was called the Uganda Trade Union

Congress. This national labour centre was made up of 4 unions

namely:-

1. Clerical Union

2. Postal Union

3. Railway African Workers Union

4. The Busoga African Motor Drivers Union which later

became Amalgamated Transport and General Workers

Union.

The Labour Advisory Board was set up in 1959 and the Labour

Department nominated 4 workers out of 6. This marked the

beginning of workers representation on boards as is the case

nowadays.

34Baligasima Yazidi [email protected] , [email protected]

After the Second World War, the ILO had little influence outside

Europe. Each colonial power was left free to decide whether

International Conventions had any relevance to various areas under

its control.

After the Philadelphia declaration of 1949 which specifically related

the principals of the ILO to the dependent territories, services of

Conventions were drawn up to cover social minimum standards for

non-metropolitan dependent territories.

The topics covered were such as migrant labour, force labour,

employment of women, juveniles, workers compensation and

national tripartite collaboration.

For the development of Trade unions, three important Conventions

were established and they are as follows:-

1. Convention No. 84 on the Right of Association and

settlement of disputes in non metropolitan territories 1947.

2. Convention No. 87 on Freedom of Association and

Protection of Right to organise 1948.

3. Convention No. 98 on the Application of Principles of the

right to organise and Collectively Bargain 1949.

It will be noticed that the current labour laws enacted in former

British colonies originated from the ILO Conventions. Instead of

35Baligasima Yazidi [email protected] , [email protected]

Trade Union development, the ILO concentrated on International

Standards, financial assistance, which ranged from technical

assistance and programmes.

In East Africa, the programme started by establishment of an ILO

Field Office in Dar es Salam and the sending of Local Union officials

and others to training courses in Geneva. Uganda also received

assistance from the visit of an ILO Training mission for Union

leaders and another for government labour officers.

The British TUC sponsored its own programmes in Uganda by

assisting Unions through material gifts and by taking union leaders

to Britain on T.U.C. courses.

It will be recalled that in early 1951, the Colonial Administration had

accepted that localised education was the most efficient union

training but the idea was adopted by I.C.F.T.U. in 1957 by opening

up a Labour College in Kampala.

In May 1958 it was decided that the College be built in Kampala due

to its accessibility by Rail and Air and close to multi-racial University

of East Africa. The College started operating in November 1958 by

conducting constant series of Training courses ranging from 1 week

to six months. All significant unions had in its executive a trained

from the college course and shared their experience with the

African ex-Unionists on the other side of the bargaining table. Union

36Baligasima Yazidi [email protected] , [email protected]

leaders were coached for key negotiations by the ICFTU adviser and

used information provided by the Research department of the

college.

The training was reflected in the increasing use of comprehensive

collective agreements modelled on those in use in Sweden and

North America and more willingness to accept a system supported

by legal sanctions. Associated with ICFTU were the ITS which were

different from it. The ITS are known as International Trade

Secretariats. An ITS is an International Federation of Unions

concerned with specific field of activity. Nine ITS have been and are

active in Uganda which are the following:-

1. Building

2. Petroleum

3. Plantations

4. Transport

5. Posts and Telegraph

6. Civil Service

7. Teachers

8. Clerical Workers

9. Railways

In Uganda the earliest ITS in the field was Transport. From 1957

onwards, the President of the Railway African Union Mr. H. Luande

was receiving both financial and material aid and was also able to

37Baligasima Yazidi [email protected] , [email protected]

call upon the services of a permanent adviser in Nairobi. One of the

two active ITS in Uganda was the Public Service International

(P.S.I.).

In Uganda, Charles Franken from Holland set about the task of

creating a single public employees union from a few weak staff

associations.

Similar tasks were faced by the advisers sent International

Federation of Agricultural workers. The same trend became of

Building International. With the development of Trade Unions in

Uganda, with the involvement of ICFTU, ILO, ITS, a lot of

contributions were made towards the involvement of International

Trade Union movement to have influence and impact on the

Industrial Relations system in Uganda like in the case of the

Industrial Relations Charter of 1964 which was published and is of

tripartism.

ICFTU continued to place its dominance on Trade Union

development in Africa in general and Uganda in particular. It

continued to offer assistance in the form of on-spot advice and

education and full-time advisers were posted to Nairobi charged

with East and Central Africa. It can be mentioned that the present

co-ordinating office for the entire Africa (ICFTU – AFRO) is based in

Nairobi.

38Baligasima Yazidi [email protected] , [email protected]

At the same time, the American Federation of Labour had also sent

an adviser in East Africa. The other mission of the American

Federation of Labour was to co-ordinate aid. Of course, both

organisations i.e. (ICFTU & A.A.L.C.) were trying to win over key

leaders with a political future. The AALC has its Headquarters in

Nairobi.

The works of the International Trade Secretariat (ITS) cannot be

underrated. The first ITS which operated in Uganda in 1957 was

that of Transport workers. It gave both material and financial

assistance to the Railway African Union with a permanent adviser

based in Nairobi. Another ITS was Public Service International (PSI)

which also dispatched to the 3 territories advisers. In Uganda,

Charles Franken from Holland was given the task of creating a

single national public employees union.

Franken found three inactive staff associations in existence:-

1. Kampala local staff association

2. The Uganda African Civil Servants Association

3. African Medical Assistants Association.

All the above mentioned were based in Kampala. Outside Kampala,

and in Jinja there were two genuine trade unions:-

39Baligasima Yazidi [email protected] , [email protected]

1. Uganda Public Service Union (1960) which catered for

unestablished employees in the Ministry of Works and other

allied manual workers. The founder was Wangatia a Kenyan

national who could not speak English but was dynamic and

influential.

2. The second union which was founded in the same year, was

the Municipal and Township Employees Union also led by a

Kenyan Absolom Mbwanga. He was working as an

Accounts Clerk in Jinja Municipality offices and was greatly

assisted by Uganda TUC to form the Union.

Other public service unions (workers in district administrations)

included Bugishu (230 members) Bukedi (270) Kigezi (100) Lango

(100). Franken preferred to have a single union to the dual structure

separating local administrations from central government as in

Britain and worked towards this end.

Indeed, by the time he left in July 1962 he was pleased with internal

organisation of Uganda Public Employees Union (UPEU). From the

aforesaid it can be noted that the international influence did a great

job in shaping trade unionism in Uganda with organisations like

ICFTU. TUC (Britain) American Federation of Labour and ITS taking

lead.

40Baligasima Yazidi [email protected] , [email protected]

Also rivalry stimulated the growth of Trade Unionism based on

political or ideological influences. At least, there is literature,

equipment plus the study visits offered by former communist

countries to African countries. In Uganda, such assistance tended

to be in the hands of individual leaders who were in most cases not

supported by the majority Industrial workers. In fact, such

assistance was enjoyed by splinter groups like the case of Uganda

Federation of Labour (UFL) led by John Reich and Federation of

Uganda Trade Unions (FUTU) led by E. Kibuka. FUTU was affiliated

to both All African Trade Union Federation (AATUF) based in Ghana

and WFTU (World Federation of Trade Unions) based in Prague

(Czechoslovakia).

Pan-Africanism was still much stronger counter to ICFTU influence,

and Ghana a base for AATUF until this day, Ghana is the

Headquarters of the Organisation of African Trade Union Unity

(OATUU) which is the alternative for AATUF.

At a conference in Casablanca in 1961 all members of the All African

Federation were advised to severe their Association with all other

Internationals, a move which was directed against the ICFTU and its

affiliated secretariats. The said move was engineered by WFTU

which saw that they could not get enough affiliates and used the

non-aligned philosophy to weaken ICFTU and its allies. This move

led to protests from E. African leaders and Nigerians that it was an

infringement of the right of each national centre to decide upon its

41Baligasima Yazidi [email protected] , [email protected]

own affiliation. Indeed AATUF made little progress in E. Africa. In

Uganda such developments led to a number of splits in the National

Centre (TUC) as earlier stated.

THE INFLUENCE OF KENYA MIGRATION

The Ganda tribe dominated the works committees and the early

Trade unions. This was because they were in regular employment

and were more interested in wages and better conditions of work.

Besides employment they still relied on the land for subsistence and

as an alternative source of income. Therefore, there was no

enthusiasm for them to get deeply in issues of Trade Unionism. But

the Kenyans were much urbanised and that they stayed in

employment for longer periods.

The Kenyan involvement in Uganda’s Trade Unionism is greatly

attributed to the Railway construction. Before 1955 the only

effective trade Union was the Railway African Union which had its

registration in Kenya. It is believed that these workers spread the

idea of Trade Unionism in the minds of Ugandans and as noticed

earlier, most of them were involved in the formation and leading the

unions like in the case of Wangatia’s and Mbwanga’s contribution to

the formation of Uganda Public Service Union and Municipal and

Township Employees Union respectively.

42Baligasima Yazidi [email protected] , [email protected]

The political (Mau Mau rebellion) and Economic pressure continued

to push the Kenyans to Uganda yet this period coincided with

unemployment with unemployment and food shortage to the extent

that official action was taken to discourage migration. But this was

not done effectively as employers in the new industries offered good

employment prospects to Kenyans who had previous factory

experience and stayed long enough to be trainable.

43Baligasima Yazidi [email protected] , [email protected]

FEDERATION OF UGANDA EMPLOYERS (F.U.E.)

The growth of Trade Unions in Uganda influenced the development

of the Federation of Uganda Employers which was registered in

1945. This was brought about by the increasing number of Union

members and Strong Union employers Associations and Cotton

Associations which existed before the second world war. These

associations were mainly concerned with fixing of prices and

exerting pressure on the Colonial Administration.

The Labour department report of 1946 praised the Federation’s

keen interest and valuable criticism and added that the Federation

will be more fully representative of Employers of Labour in Uganda,

particularly in the direction of organised recruitment in time.

By 1948, the Federation became defunct because it was badly

organised like in the case of employees. In the Federation, voting

was in accordance with the numbers of the labour force. So the two

large sugar estates in Lugazi and Kakira dominated the proceedings

of the Federation also to deal with the most economic methods of

recruiting migrant labour to cope with the labour shortage. This

kind of trend went on until 1957 that any interest was shown in an

employees Association or organisation to deal in matters of

Industrial Relations.

44Baligasima Yazidi [email protected] , [email protected]

In 1958, the Secretary for overseas Employers Federation visited

East Africa in connection with development in Kenya and made

efforts to have old federation in a new form. In Uganda’s case after

the visit of the Secretary for overseas employers federation, most

large firms opted for forming purely consultative “Society of

Employers” and to find out the possibility of co-ordinating their

personal policies to take into account of expanding trade union

activities. This was as a result of fearing that the appearing of

Employers Association might further stimulate the growth of Trade

Unions. Their society first met in secret and only and only

established informal contact with the Labour department.

When Government raised the statutory minimum wage rates in 1959

for urban areas without consulting the society, the members

realised that their objectives could only be known by emerging as a

public body.

In 1960 the society became registered with the registrar of Trade

Unions. When the society’s membership increased to 35 firms the

then retiring Labour Commissioner was appointed a full time

Executive Officer. In July 1961 the name of the society changed to

the Federation of Uganda Employers up to now. Its constitution was

redrafted to allow the entry of smaller firms grouped together in

subsidiary organisations.

45Baligasima Yazidi [email protected] , [email protected]

From then, the Federation increased its membership and

strengthened its organisation by sponsoring of the emergence of

Trade Associations. The Federation functioned as a representative

of employers interests on general issues of policy and as an

information centre. Later, the Federation was in good position to

give technical assistance and being engaged in negotiations with

unions. Remember that the Trade Association of the Federation was

directly concerned with the negotiation of Collective bargaining

Agreements and with their enforcement in collaboration with unions

concerned.

At the time, the main weakness of the Federation was lack of

discipline over its members regarding the observance of collective

agreements. There was also fundamental conflict between the idea

of combination embodied in the Federation and the attitudes of

many of the members. With the exception of Lager Joint Companies,

the larger majority of employers in Uganda were Asians, running

business as a family concern. These people were suspicious of

recognising the union and of collaborating with their competitors

and the exclusive role of the family placed special stresses upon the

efficiency of personnel management. With this kind of development,

the existence of the Federation of Uganda Employers contributed

very considerably to the expansion and consolidation of the Union

movement in Uganda. The Federation of Uganda Employers is not

established by law. The employers who are members of the

Federation are only bound by the constitution of the organisation

46Baligasima Yazidi [email protected] , [email protected]

and Government has no direct control over them other than through

the Trades Disputes Act as and when it affects each employer

individually.

INDUSTRIAL RELATIONS IN UGANDA

In some circles, Industrial Relations is defined as a system applied

in the settlement of Trade Disputes existing between employees or

Employees Associations (Trade Unions) and Employers or

Employers Associations (Federation).

In the case of Uganda, before colonisation, the question of paid up

labour was insignificant because commercial transactions and slave

labour were of barter trade. With the establishment of colonial

administration in Uganda in 1894, forced labour was introduced in

1901. The colonialists found difficulty in introducing paid up labour

so the had to use the coercive power of the Buganda Chiefs in order

to create a working class. This almost became a failure so they had

to instruct to encourage their subjects to pay taxes in Labour.

47Baligasima Yazidi [email protected] , [email protected]

So by about 1905-6 paid up labour was in practice and the then

existing minimum wage was 3/= Rs per month which was enough for

paying Tax. This did not induce workers to work for wages because

they preferred to work on their land and grow cash crops and small

Trade than going for paid up labour.

In order to arrest the situation, Government had to regularise hut tax

labour into forced paid labour with the exception for those who were

working. This forced workers to opt for paid up employment on

permanent basis. This enabled permanent workers to be well off

than those who depended upon the growing of cash crops and small

trading. So they were able to pay Tax in cash. The Buganda Lukiiko

in 1906 agreed to supply to Government and Private employers with

a regular supply of Tax labour. By 1912 what had started as forced

labour became Kasanvu and a law was padded by both Buganda

Lukiko and Protectorate Government re-enforcing it. This period

was used by the Colonial Administration for organising paid labour.

History tells us that when Kasanvu was introduced, it was the same

time when World War I erupted. So Uganda was to contribute

190,000 both troops and porters to the war effort.

The impact of the war was felt everywhere and economic imports to

Uganda increased by 50%. Prices of export crops and labour went

up. Prices of Cotton and Coffee short up more especially cotton

went 4 times higher than the pre war by 1919.

48Baligasima Yazidi [email protected] , [email protected]

By 1913 – 1919 the total export value increased from 512,000 to

1,247,000 pounds. This forced the Uganda Government to raise the

minimum wage of the unskilled labour from 4/= Rs p.m. to Rs 35/=

p.m.

However, public works paid 11/= Rs p.m. It must be realised that the

Industrial Relations system and machinery could only be applicable

where there was a workforce and eventually where organised

labour existed. In this regard the organisation of the workforce

became inevitable in order to see the growth of Industrial relations.

You will also be made to understand that the impact of World War I

was reflected in a number of strikes which were in and around

Kampala as a result of coming back of the ex-service men.

In 1924 Government introduced labour legislation which was simiar

to British Vagrancy act whose main objective was to force the

unemployed to go back to their districts. Under the same law, chiefs

were given power to recruit and distribute labour to Government

and Agricultural plantations. It was also a move to deal with migrant

workers which was referred to by Government as detribalisation.

With growing number of workers in joining paid employment, history

tells us that the colonial office in 1942 introduced a colonial

Development and Welfare Acts. Before funds were dispatched to

various colonies, they would first ensure that the GTRade unions

were formed in the colonies concerned. In Uganda, Trade Unions

49Baligasima Yazidi [email protected] , [email protected]

and Trade disputes ordinance was passed in 1943 which composed

legislation laid down by colonial office so that Uganda qualifies for

funding.

By the year 1950 another ordinance was passed namely Trade

Disputes (Arbitration and settlement). The ordinance was merely a

simple piece of legislation based on the colonial model circulated by

the colonial office.

Where a report of a Trade dispute was made by either party and the

Labour Commissioner was satisfied that the matters in dispute were

being handled without outside intervention he would appoint a

conciliator who should be a Labour Officer. In the process of

conciliation he would discuss differently with either party separately

and call both parties to a meeting chaired by himself. When the

dispute remained unresolved after the expiry of 14 days of

conciliation, the Labour Commissioner had powers to offer

arbitration. If his offer is accepted by both parties, the

Commissioner would request the Minister to appoint an Arbitrator or

an Arbitration Tribunal composed of representatives from both

sides.

In the same Trades Dispute (Arbitration and Settlement) ordinance,

provision was made to cover employees considered to be in

essential services i.e. in health services and general welfare in the

community. In this regard, the Minister responsible for Labour had

50Baligasima Yazidi [email protected] , [email protected]

powers to intervene where delay in reaching settlement by

negotiations or where parties to the dispute would not agree to

accept arbitration.

The Minister would direct that the issues in dispute be referred to an

Arbitration Tribunal which Tribunal was to give its decision within

twenty eight days. In the said ordinance workers and employers

covered by essential service schedule were not allowed to engage

in strikes or lock-outs. If anyone in the said services is engaged in

strikes or lock out would be liable to heavy penalties.

In 1952, the Trade Union ordinance was established. In the

ordinance all unions were to be registered as was the case with

1943 ordinance which it replaced. In the ordinance, the Registrar of

Trade Unions was empowered, to accept or refuse to register a

Trade Union if the Union was used for unlawful purposes or if the

union already registered was considered to be representing the

interests involved in section 16 of the ordinance.

Unregistered Trade Union was forbidden from operating and its

officials would be prosecuted in accordance with the law. All union

funds were to be supervised, controlled, and inspected by the

Registrar of Trade Unions.

In the ordinance, each union was required to submit to the Registrar

of Trade Unions. Financial statements and annual returns with

51Baligasima Yazidi [email protected] , [email protected]

details concerning changes in Union membership. Under the same

law the Registrar was empowered to inspect and enforce rules to be

included in each union’s constitution.

Chapter 2 of the ordinance showed how earlier unions were formed

as instruments for political protests. Section 29 stipulated that all

union officers except the Secretary should have been employed for

not less than three years in the industry or occupation with which

the union was directly concerned. It was not allowed for a union

official to hold office in more than one union or for an official to have

been convicted of fraud or dishonesty.

Changes of Name and Amalgamations were discouraged by

requiring a high percentage of approval by members in a secret

ballot and by special sanction of the Governor in Council.

Unions constitutions were required to provide representation for

separate sectional interests of members, a provision often

interpreted to discourage the growth of armophous general unions.

In the same 1952 ordinance, an amendment to the 1943 legislation

was to make a provision for probationary trade unions. This had

been recommended by the Griffiths (colonial Secretary) circular

despatched to allow a period of stabilisation in less advanced areas.

52Baligasima Yazidi [email protected] , [email protected]

In part two of the ordinance a provision for employees, association

and employees organisations to be established as probationary

Trade Unions was made. An association was defined as a

combination of six or more employees engaged in the same trade or

industry and as an organisation as any combination of workers

engaged in the same type of employment but who work for different

employers. This was only aimed at improving industrial relations and

its regulations. The said associations were not regarded as Trade

Unions. They were permitted to receive annual contributions which

was confined to office expenses and welfare expenditures. There

was also provision made for the Associations and organisations to

be registered as Trade Unions.

The Registrar had powers to cause this change if he satisfied

himself that the constitution concerned was conducting its business

in a manner that it should be registered as a trade union. The

compulsory registration of Trade unions meant that workers

organisations were to conform with onerous conditions of Trade

Union legislation or not to exist.

In Uganda, the system of probationary Trade Unions was never

implemented although its intentions were aimed at simple

introducing Industrial Relations where workers were allowed to

build up experience and reasonable degree of organisation. In the

1952 Trade Union ordinance, works committees were encouraged

but were formed by employers and collective bargaining

53Baligasima Yazidi [email protected] , [email protected]

consultation was initiated by employers where they ignored the

need to make contact between representatives of workers.

Management appointed more educated tribal groups on the

committees who claimed monopoly of seats on the committees. The

transitional situation in 1955 can be reflected by the detailed

account of major industrial issues of that year. There were

spontaneous strikes during that year even with concurrent strikers

at the beginning of each year when increments were expected. In

1955, many strikes took place due to the implementation of the

salaries Commission report. The report increased salaries/wages

for established officers in the civil service back dated to January

1954.

Earlier on, there were too ordinances which were of little

significance in relation to the development of Trade Unionism. An

employment ordinance of 1946 revised in 1950 which specified

conditions of service such as hours of work, leave entitlement and

housing standards. Where unions existed, conditions were above

the minimum requirements prescribed by the ordinance.

In 1949 a Minimum Wages Ordinance was made which provided for

statutory fixing of wage rates for any part of Uganda.

In 1950, it was first used to set the minimum for urban areas of

Kampala and Jinja. In the same ordinance, there was an

54Baligasima Yazidi [email protected] , [email protected]

introduction of a Central Labour Advisory Board and many

provincial boards which acted as area sub-committees. The boards

were empowered to fix minimum wages through the country subject,

subject to the approval of the Governor.

Eventually, when trade union activity increased, the reliability on the

works committee function weekend because works committees

could not prevent major disputes. In 1957 a Minimum Wages

Advisory Board and Wages Council Ordinance was enacted which

put the older ordinance up to date. This ordinance specified the

composition and powers of the Board and councils. Then a Minimum

wage was established by statutory order after the report of a

Commission of inquiry in 1959. This change met opposition from

large scale private employers, local government and municipalities.

Large employers were paying well above the introduced minimum.

The Trade Unions in Uganda had very little interest although the

UTUC issued a press statement opposing the move because it

resulted in retrenchment in Labour and brought about

unemployment.

You will note that the Railway African Union opposed the idea of

differentials and preferred single minimum to avoid the flow of

Labour into Kampala and Jinja. Wage councils orders were made

for Road Transport industry in 1959 and for the printing Industry and

55Baligasima Yazidi [email protected] , [email protected]

Cotton ginning in 1962. It will be noted that works committees

continued to be in existence up to 1963 in government departments.

It will be remembered that Uganda obtained independence on 9th

October, 1962 when Governor Sir Walter Courts was in office. The

trend of Industrial Relations System was left in the Ministry of

Labour. There was decline in the Industrial Relations System

because of lack of experienced personnel at a lower level than that

of the Labour Commissioner and Permanent Secretary. So they

found themselves handling minor disputes which would have been

solved at a lower level.

The functions of Arbitration declined on ground that arbitrators

were appointed on an ad-hoc-basis for a particular dispute which

led to inconsistencies and irregularities in decision making. Later,

this led to the reformation of the Trades dispute (Arbitration and

Settlement) Act 1964. In the same Act, provision was made to the

effect that a basis for consistent policy could be developed. It

overcame the difficulty of getting qualified independent arbitrators

now and then whenever a new dispute came up for settlement.

In the Act, the government intensifies its role in the Industrial

Relations machinery by absolute control over Trade unions. In

1964, a Government policy towards the Trade Unions was clearly

drawn. The Public Service was treated as a special category

because of the lay role it played in relation to the running of state

56Baligasima Yazidi [email protected] , [email protected]

business. Union membership would only be obtained from the

unskilled labour and the lower grades of clerks. The union was

subjected to the absolute power of the Minister responsible for

Labour wherever a major dispute threatened.

In the same year, a new Trades dispute (Arbitration and settlement)

Act was established which made it to be an offence for a strike

action without first exhausting the existing disputes procedures. It

imposed heavy fines or prison sentences on leaders calling the

strike and on the side of workers for the breach of contract by

getting involved in the strike.

For the essential services, more stringent laws were to be applied

and re-inforced at the discretion of the Minister. So Government

gave its support to the establishment of the Industrial Relations

Charter which emphasised and recognised voluntary co-operation

between the Federation of Uganda Employers and Uganda Trade

Unions Congress as a representative national union centre.

At the same time in 1964, Government supported the emergency of

an alternative centre which would be compromising to official

direction.

The newly established centre (FUTU) lacked majority support of

affiliate unions but continued recognition by Government as a

National Centre which made FUTU a competitive force to reckon

57Baligasima Yazidi [email protected] , [email protected]

with. In the act, the acceptable machinery of settling disputes is

between employers and Trade Unions which unions must be

registered and recognised.

You will note that recognition of a Trade Union according to the act

was voluntary which at times makes it difficult for a union to be

recognised by the employer through the normal means of voluntary

negotiation and agreement. Because of this reason, government

had to establish laws which would promote workers freedom of

association and representation for collective bargaining purposes.

Attempts have been made to include workers in the national

constitution as can be seen below:-

(i) The right of a worker to join a Trade Union of his/her

own choice for the protection of his/her economic

and sound interest.

(ii) The right to collective bargaining and

representation.

(iii) To withdraw his/her labour according to the law.

58Baligasima Yazidi [email protected] , [email protected]

Reference

NOTU Election reports of 1996, 2003 and 2008

NOTU Secretary General Report 2003 and 2008

NOTU annual reports

NOTU website