INFIGHTING, LACK OF CAPACITY HOBBLES BOTSWANA LABOR

UNCLAS SECTION 01 OF 03 GABORONE 000623

SIPDIS

SIPDIS

AF/S FOR MUNCY

E.O. 12958: N/A
TAGS: ELAB PGOV PHUM BC
SUBJECT: INFIGHTING, LACK OF CAPACITY HOBBLES BOTSWANA LABOR
MOVEMENT

REF: (A) 05 GABORONE 1605 (B) 04 GABORONE 1607


1. Summary: The majority of trade unions represented at
May Day celebrations in Gaborone have dismissed their
umbrella body, the Botswana Federation of Trade Unions
(BFTU),as worthless. Unionists accused the government and
employers of destabilizing their organizations by
instigating factional infighting. Government officials
responded, warning unions not to become involved in
politics. Meanwhile, public workers' associations are
slowly taking advantage of new labor laws allowing them to
register as trade unions. Despite recent labor law reforms,
Botswana's labor movement remains a weak advocate for
workers' rights. End Summary.

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BOTSWANA FEDERATION OF TRADE UNIONS IN TROUBLE
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2. Botswana's largest trade union, the National Amalgamated
Local and Central Government and Parastatal Manual Workers
Union hosted May Day celebrations in Gaborone attended by
roughly 500 workers. Dissatisfaction with the Botswana
Federation of Trade Unions (BFTU) emerged as a key theme
during the day's deliberations. Representatives from
various unions and workers' associations proclaimed the BFTU
"hopeless" and "as good as dead". Pelotshweu Baeng,
President of the Botswana Unified Local Government Service
Association (BULGASA),complained that the BFTU had failed
to assist public sector workers' associations to register as
trade unions, forcing BULGASA to send delegations to consult
with unions in South Africa. The General Secretary of the
Manual Workers Union rhetorically asked Minister of Labor
and Home Affairs Moeng Pheto why the GOB continues to engage
the BFTU when it no longer represents them, implying that
the government prefers to have an ineffective body as the
official representative of the labor movement.


3. BFTU's Acting General Secretary Patrick Chengeta later
expressed to Emboffs his dismay over this criticism. He
explained that the Manual Workers Union and seven other
unions were currently suspended from the Federation for
failure to pay monthly dues for three consecutive months, in
accordance with the BFTU constitution. He insisted that the
BFTU was willing and able to provide assistance to
associations to register as unions but claimed that none had
sought its help. This inaction, he said, reflects a
lackadaisical approach that is a major impediment to the
labor movement. The Federation's primary problem, he said,
is lack of resources. If members refuse to pay their dues,
the organization cannot afford full-time professional staff,
and therefore will not have the capacity to aggressively
defend and promote the rights and interests of workers.


4. A subsequent conversation with Assistant Commissioner of
Labor Ms. Sissy Seemule confirmed that the Government does
work with the BFTU as the representative of labor in
domestic tripartite structures and takes BFTU
representatives with it to international labor events, such
as the annual ILO conference in Geneva. If some unions
were to establish a rival umbrella body, as some had
suggested, Ms. Seemule would have to make a recommendation
to the Commissioner of Labor on which body was the most
representative of the labor movement. The Department of
Labor would have to change its regulations, but not any
laws, in order to replace the BFTU with another umbrella
organization as the official representative of labor in
tripartite structures.

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WORKERS CRITICIZE GOVERNMENT LABOR & ECONOMIC POLICIES
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5. Condemnation of the GOB's labor and economic policies
constituted the primary content of May Day speeches in
Gaborone. The National Chairperson of the Manual Workers
Union accused Minister of Local Government Margaret Nasha
and Minister of Education Jacob Nkate of fomenting
factionalism within his organization in order to weaken it
(REF A). This resulted in the creation of a rival union,
the Botswana Government Workers Union (BGWU),which will
compete to represent the same employees and which, he
suggested, will provide the Government with an opportunity
to play workers off against each other. He similarly
accused Debswana of interfering in the Botswana Mine Workers
Union in an effort to install pliable persons in the union's
leadership (see para 10). According to Eric Ditau, of the

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Botswana Federation of Secondary School Teachers, the
Department of Labor had fasttracked the registration of the
BGWU but had unnecessarily prolonged the registration of
other associations as unions, implying preferential
treatment for organizations seen to be allied with the
government.


6. Union representatives also criticized economic policies,
including privatization and devaluation of the Pula. Simon
Kgaoganang, Secretary General of the Manual Workers Union,
denounced privatization as a threat to job security and the
strength of unions in Botswana. The June 2005 devaluation
of the Pula had depressed the real incomes of workers, he
said, and triggered escalating inflation. The government's
decision to adjust the salaries of civil servants by 8%
across the board only reinforced the extreme income
inequality in the country.

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GOVERNMENT WARNS UNIONS TO STAY OUT OF POLITICS
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7. Minister of Labor and Home Affairs Moeng Pheto countered
the unionists' complaints observing that the government has
recently ratified and implemented ILO conventions to respect
the rights of workers and abides by the principles of
tripartism. Pheto complained that unions have failed to
educate their members about labor laws, resulting in
confusion and failure to fully take advantage of their
rights. Despite clear ILO principles enshrining the right
of unions to participate in politics, Minister Pheto advised
unionists against electing representatives who have
political motives. Speaking at a May Day event in
Mahalapye, Minister of Foreign Affairs Mompati Merafhe put
his admonition in stark terms. He reportedly stated that
the government suspected trade unions of supporting the
opposition parties and advised workers to "remove politics
from trade unions and we will cooperate with you," implying
that the government might not cooperate with the unions
otherwise.

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GOVERNMENT WORKERS SLOW TO REGISTER AS UNIONS
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8. Assistant Commissioner of Labor Seemule insisted to
Emboffs that the Department of Labor works with unions
consistently and fairly. Contrary to unionists' accusations
of unreasonable delays, Seemule stated that most public
workers associations have not even begun the process of
registering as trade unions. Barring any serious
objections, BOFESETE will become the first association to
successfully register as a union by the end of May. The
Botswana Teachers Union, she said, is the only other
association that has made significant progress toward
registering as a union.


9. The Botswana Civil Service Association (BCSA) Deputy
General Secretary says his association, potentially one of
the largest and wealthiest unions in Botswana, is on course
to register as a union. Currently, the BCSA is working on
union by-laws, which must be submitted with a constitution
when the Association applies to register as a union. They
expect to complete the registration process by the end of
August.

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COURT SETTLES BOTSWANA MINE WORKERS UNION DISPUTE
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10. The High Court has finally delivered judgment between
two factions of the Botswana Mine Workers Union, settling a
dispute that stretches back to 2004 (Ref A). Soon after the
election of a new National Executive Committee (NEC) in
September of that year, the old NEC refused to hand over
their office. It called the new NEC illegitimate because
some of its members had been fired by Debswana following an
August 2004 strike (Ref B) despite the fact that legislative
amendments had eliminated the requirement that union
officers work in full-time in the relevant industry. Since
that date, the old NEC also kept all subscriptions from the
new NEC making it impossible for it to operate without
funds. BMWU members accused the management of propping up
the old NEC and using it to weaken the union.


11. In the High Court judgment, Justice Gaongalelwe ordered
the old NEC to hand over all properties and assets as well

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as documentation to the new NEC. The old NEC was instructed
to provide full accountability to the new Committee of how
subscriptions received since July 2005 were used. The court
also ordered the old NEC to pay all legal costs in the
dispute. If they fail to abide by the terms of the
judgment, members of the old NEC are liable to imprisonment
for six months. The old NEC failed at the High Court on May
2 in their application for a stay of execution of the court
order while they appealed the judgment.

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COMMENT
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12. The labor movement in Botswana remains weak after
decades of excessive restrictions by the government. Due in
part to the absence of a history of struggle for
independence and in part to the ruling Botswana Democratic
Party's declared distrust of unions, Botswana workers are
not as well organized or militant as their neighbors. Given
that the government is by far the largest employer in
Botswana, however, the opening of union membership to public
employees could significantly empower Botswana's labor
movement through an infusion of well educated, well paid,
and articulate civil servants. Mission has encouraged the
Solidarity Center to increase its assistance to Botswana's
labor unions during this critical transition period and will
continue to use its own resources to promote respect for
workers rights in Botswana.
CANAVAN