TRADE UNION MOVEMENT IN NIGERIA AND INTERNATIONAL TRADE

UNION MOVEMENT

ABSTRACT

The paper will be examining the developments in the Nigerian Trade Union

movement and the International Trade Union Movement. Because capital is

concentrated social power, in a context in which the worker has only his individual

labour power, it is considered imperative for workers to be united in confronting the

enormous power of capital. This can be done through the collective effort of the

Nigerian Trade Union Movement and their international counterparts.

INTRODUCTION

“Workers of the world unite; you have nothing to loose but your chain”.

That was the clarion call of Karl Marx and his comrade with collaboration of

Friedrich Engels in ending the communist manifesto of 1848. That call was based on

the enormity of the task before workers in the struggle between labour and capital, not

just within the workplace but also in the general class struggle to overthrow the yoke

of capital. Because capital is concentrated social power, in a context in which the

worker has only his individual labour power, it is considered imperative for workers

to be united in confronting the enormous power of capital. According to Lozovsky

(1972), the only social force possessed by the workers is their numerical strength.

This force, however, is impaired by the absence of unity. It is in the same vein that

Allan Flanders (1972) argues that the unity of workers makes the trade union a

complete organization and constitutes the foundation of the union’s strength.

Nigeria’s trade unions movement has a rich history. It took part in the anti-

colonial struggle and also contributed to the fight against military dictatorship. Since

the beginning of democracy in 1999, the labour movement has acted as the guardian

of the interests of the poor. In the early November 2006, 1,700 delegates from 156

countries met in Vienna for an event unprecedented in the history of the international

trade union movement. They dissolved two globally operating and competing

international confederations – the international confederation of free Trade Unions

(ICFTU) and the denominationally oriented world confederation of labour (WCL) and

founded the international trade union confederation (ITUC) comprising 304 affiliated

federations in 156 countries in which 168million workers are organized across the

world. Congress delegates were firmly convinced that the globalization of political

institutions and the globalization of business and markets must be followed by the

globalization of trade union.

MEANINGS OF TRADE UNION

Trade union has attracted variety of definitions from scholars. Definitions

depend on the perception of workers and the definition imposed by legal framework

of a particular country. According to Akpala (1982) the exact definitions of trade

union may vary from one situation to another depending on the economic and

political situation encompassing the worker – management relations. The Nigerian

Labour law Section 1 of Sub section 1 Trade Union Act No 31 of 1973 defines Trade

Unions any combination of workers or employers whether temporary or permanent,

the purpose of which is to regulate the terms and conditions of employment of

workers whether the combination in question would not apart from this act be an

unlawful combination by reason of its purpose or any of its purpose be in restraint of

trade and whether its purpose do not include provision of benefits for its members.

Another definition is “an association of wage or salary earners formed with the object

of safe guarding and improving the wage and employment conditions of its members

and to raise members’ social status and standards of living in the community” (Fajana,

2000), Also, Sidney and Beatrice Webb (1920) defined Trade Union as a continuous

association of wage earners for the purpose of maintaining or improving the condition

of their working lives.

BRIEF BACKGROUND / TRADE UNION MOVEMENT IN NIGERIA

The origin of trade union movement in Nigeria could be traced to the pre-

colonial period. At this time, there existed guilds, mutual aid groups and professional

or occupational craft unions all of which function to play the role of trade union.

However, these associations are not in the modern sense of its full fledged trade

union. Rather, most of them are merely workers association (Otobo, 1987:12). The

inception of modern trade unions in Nigeria could be said to coincide with

colonialism. Consequently, the first set of trade unions were modeled after British

unions. Unlike the situation in most developed countries, trade union preceded

industrialization in Nigeria.

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The organized trade union movement in Nigeria dates back to 1912 when the

workers in the Southern Nigerian Civil Service under the then colonial administration

organized themselves into workers representatives. This then became known as the

Nigeria Civil Service Union (NCSU) in 1914. This became a pivot with which

workers in other sectors began the agitation for the formation of Trade Unions before

and after independence in 1960.

At this period, trade union could not take the pattern of radical organization

because of the paternalistic nature of colonial government which is the largest

employer of public labour. Other unions which emerged during this period were the

Nigeria Native Staff Union (NNSU), Nigerian Union of Railway men, Nigerian

Mechanics Union and the Nigerian Union of Teachers (NUT). It was in 1938 that the

Trade Unions Ordinance was enacted which provided legal backing for trade unions.

By 1975 during the military regime of General Murtala Mohammed, Trade

Union in the country have risen to over 1,000 which include Mushroom Unions.

In 1976, the Federal Government established a commission of inquiry into the

activities of the various unions and appointed an administrator to administer the

unions and come up with a structure for the proper administration of the unions. This

became necessary as the Unions were polarized into ideological divide which was

creating problems in the country. Towards the end of 1977, these Unions were

restructured into 42 along industrial line. The government also insisted on the

formation of a labour centre as there were various multiple centres. In February 1978,

the Nigeria Labour Congress was formed and inaugurated. The then 42 Industrial

Unions became affiliates of the Nigeria Labour Congress with a legal backing of

Trade Union (Amendment) Decree 22 of 1978.

Several reasons have been given to explain the apparent late arrival of trade

unionism in Nigeria.

Limited wage employment: Since the largest proportions of the citizens are

engaged in the informal work sector, the few wage earners are colonial

employers and these are restricted to the colonial officers as well as related

parastatals.

Low level of economic activities which limited the recruitment into the

formal economy and hence membership of trade union.

The repressive colonial labour policy also contributed to the late entry of

effective trade unionism in Nigeria. The colonial administration regarded

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trade unions as destabilizing activities. Consequently, it took measures to

discourage its employees from membership of these groups.

Low consciousness of the worker as to the need of unionism.

Absence of legal backing also impeded the early realization of Trade

Union in Nigeria.

However, with time these obstacles were overcome and this paved the way for

the emergence of trade unionism in the country. For instance, the emergence of small

indigenous and large multi-national companies broke the monopoly of public sector

employment in the country. The influence of neighbouring countries like Sierra Leone

and Ghana also helped to boost the tempo of trade unionism in Nigeria. This factor for

instance led to the enactment of Trade Union Ordinance in 1938 which gave legal

backing to trade unions in the country,

The Second World War also played important role in the growth of trade

union in Nigeria. The war brought untold hardship to the workers and the general

public in form of acute shortage of essential commodities, rise in prices, stagnant

wage structure (Otobo 1987:21). These problems pushed many workers into joining

trade unions which was seen as the only forum for improving their bad economic

condition. Union agitation during the period led to the introduction of Cost Of Living

Allowance (COLA) as well as the first general strike in the country in 1945 with the

participation of about 42,000 workers (Fajana, 1995:146). The war heightened the

socio-political consciousness of the workers. The Nigeria Labour Congress [NLC]

was formally constituted as the only national federation of trade unions in the country

in 1978. Before then, four labour centres existed. These are Nigeria Trade Union

Congress [NTUC], Labour Unity Front [LUF], United Labour Congress [ULC] and

Nigeria Workers Council [NWC]. The emergence of the NLC ended decades of

rivalry and rancor involving the four centres and unions affiliated to them. The

unions, numbering over 1,000 were also restructured into 42 industrial unions.

The organization has had a chequered history, surviving two instances of

dissolution of its national organs and consequent appointment of state administrators.

The first was in 1988 under the military regime of General Ibrahim Babangida.

Congress' opposition to the anti-people Structural Adjustment Programme incensed

the military administration to take over the NLC. The second military intervention

was in 1994 during the regime of General Sani Abacha, whose government also

became fed up with the labour movement's agitation for the restoration of democracy.

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Like the initial case, the military government dissolved NLC's National Executive

Council and appointed a Sole Administrator. The same treatment was meted to the

two unions in the oil and gas industry National Union of Petroleum and Natural Gas

Workers [NUPENG] and Petroleum and Natural Gas Senior Staff Association of

Nigeria [PENGASSAN]. However, the administrators apparently added a further brief

which plundered the finances of Congress and the two unions.

The dissolution exemplified the travails of Congress, its leadership, affiliates

and state councils, under military rule. Arbitration, prolonged and unlawful detention

of labour leaders, invasion and disruption of union meetings, seminars and other

activities of Congress and its components by security forces and a vicious anti-labour

campaign by the state generally marked the period. The military also invoked its

legislative prerogatives to unleash all manner of legislation to check the activities of

unions. For instance, under General Abacha, a decree that banned a section of the

movement from holding leadership position in Congress came into effect.

However, with the death of General Abacha, the unions reclaimed Congress,

culminating in a National Delegates Conference held on January 29, 1999. The

leadership led the NLC from 1999 - February 2007 with another delegate conference

was held on February 2007, the current leadership was elected - Abdulwahed Ibrahim

Omar - President

FREEDOM OF ASSOCIATION & THE RIGHTS OF WORKERS TO

BARGAIN COLLECTIVELY

Union preference is integral to the rights of workers to freedom of association

and the right to organize collectively for the purposes of bargaining. This is codified

in the ILO Conventions especially convention No 87, freedom of association and the

rights to organize (1948) and convention No 98, Rights to organize and collective

bargaining (1949), Any infringement of the rights of union members and workers

under freedom of association is an encroachment on workers ‘rights to collective

bargaining in the workplace. The Federal Government is obliged under international

law by ILO Conventions 87 and 98 to ensure that national laws governing the labor-

management relationship guarantee that the discrete interests of employers and

employees are underwritten. This obligation requires legislation to guarantee, first, the

right of employees to establish and join organizations of their own choosing, second,

protection for employees against acts of anti-union discrimination, and third, the

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promotion of collective bargaining and effective collective representation (ILO

1987:4).

TRADE UNION POLICY IN NIGERIA

There has been serious shortcomings in the application and enforcement of core

labour standards, particularly with regard to the lack of trade union rights of workers

including the right to strike, discrimination and child labour,". The labour policy of

1999 wanted to checkmate NLC which Abubakar also consented with. The decree

deaffiliated Nigeria trade union from the international body except to those related to

Nigeria which is an act of absolutism in Abacha’s regime. In October 2004, the

President of the Nigerian Labour Congress (NLC) was arrested during a general strike

despite the fact that the action was "an entirely legitimate exercise of the collective

rights of the trade union movement,” Though released, the NLC leader faced criminal

charges in an Abuja High Court while police raided his house and office on several

occasions. Nigeria's new Trade Union Amendment Act 2005, the Trade Union

Amendment Act was passed in March 2005. It retains the NLC as a central labour

union but gives other trade unions the freedom to federate and form umbrella unions

and makes union membership voluntary. While such freedom is in principle to be

welcomed, it was widely believed that one of its main aims was to weaken the

cohesion and unity of the trade union movement and in particular the Nigeria Labour

Congress. The Nigeria Labour Congress which was hitherto the only central labour

organization in the country opposed vehemently to the 2005 Amendment Act. It was

argued that the law was principally enacted to de-register the NLC, reduce its power

and control in labour as well as to check the rising profile of labour as a stiff

opposition to the Federal Government most especially when it takes any unpopular

labour policies. The Amendment Act outlawed strikes and lock-outs of workers and it

empowered the Minister of Labour and Productivity to register or de-register any

union or central labour organization. The trade union amendment act of 2005 broke

the monopoly of the Nigeria Labour Congress. The Nigeria Labour Congress and the

Trade Union Congress are now the only parallel central labour organizations in

Nigeria and they are to represent the workers at the tripartite bodies. This recent

adoption still fails to address adequately problems identified with regard to freedom

of association and the right to collective bargaining, the right to strike and anti-union

policies." The new Act was said to aim at curbing the right to strike and at weakening

the Nigerian Labour Congress. The Act had been presented without adequate

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consultations through the tripartite labour review set up with assistance of the

International Labour Organization (ILO), contrary to what had been promised.

Furthermore, trade union rights were restricted in Export Processing Zones and strikes

prohibited in such zones for a period of ten years, which is directly contrary to ILO

conventions. The ICFTU and the NLC considered that, "in view of the seriousness of

these problems, there is need for a much stronger commitment to social dialogue by

the federal government of Nigeria in order to achieve a culture of constructive

engagement of labour over policies and governance issues." It was also imperative to

abrogate the Public Order Act, which compels organizations to seek a permit from the

Police before any assembly, the unionists said. The law gives the Commissioners of

Police latitude to refuse to issue such a permit or to break up assemblies convened

without one. As such permits are invariably denied, the right to assembly provided for

by Nigeria's Constitution and the right to freedom of association "cannot be

meaningful as long as this law still exists," ICFTU said. This is absolute domination

of the government over trade union in Nigeria.

Discrimination in employment and wages persist in Nigeria. Surveys had

showed a wage gap between men and women and a highly segregated labour market.

Few women are employed in the formal economy due to social discrimination in

education and training and to a gender-based division of labour in the formal

economy. Moreover, Nigeria's Minimum Wage Act was excluding many workers, in

particular those groups where women are disproportionately represented such as part-

time workers and seasonal agricultural workers, the report found.

Child labour is still widespread in Nigeria, and it was estimated in 2003 by the ILO

and the government that 15 million children are working, of which up to 40 percent is

said to be at risk of being trafficked for forced labour, forced prostitution and armed

conflict. 6 million children do not attend school and 2 million work more than 15

hours per day. Many children were also trafficked into Nigeria for the purpose of

forced labour, according to the same sources. Several child slave camps exist in the

western states of Nigeria, where children are used as slaves in mining and on rubber

plantations, the trade unionists complained. The former president, Obasanjo has at its

peak decentralized Nigeria trade union complemented with the 2005 act which makes

trade union in Nigeria grow at a slow pace.

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THEORETICAL FRAMEWORK

MARXIST APPROACH

Karl Marx was in many respects the most influential political theorist of the 19 th

century. He sought to combine factual analysis and political prescription in a thorough

survey of the modern economic system. Ageing that “the history of all hitherto

existing society is the history of the class struggles,” and that liberal governments and

ideology were merely agents of the exploiting owners of property. Marx advocated

the abolition of private property and predicted the demise of capitalization after a

sense if receiving crises. The abolition of property and therefore of class exploitation

would make possible a situation in which individual will contribute according to their

abilities and take according to their needs. The state, following a transitional period in

which the working class would rule, would eventually wither away.

Marx’s view of human history is both profoundly pessionistic and profoundly

optimistic. Its pessimision has in his belief that history reflects the oppression of the

many by a small minority, who thereby secure economic and power. It is optimistic

on two counts. First, Marx Believed that technical innovations bring about new ways

of meeting human needs and make it increasingly possible for people to satisfy their

deepest wants and to develop and perfect their individual capacities. Second, Marx

claimed to have proved that the long history of oppression would soon end when the

masses rise up and usher in a revolution that will create a classless utopian society.

PLURALIST APPROACH

Classical pluralism is the belief that politics and decision making is located mostly in

the governmental framework, but many on governmental groups are using their

resources to exert influence. The central question for classical pluralism is how power

is distributed in western democracies. Groups of individuals try to minimize their

interests. Lines of conflict are multiple and shifting. There may be inequalities but

they tend to be distributed and evened out. Any change under this view will be slow

and incremental as groups have different interest and may act as “veto groups” to

destroy legislation that they do not agree with .The existence of diverse and

competing interests is the basis for a democratic equilibrium and is crucial for

obtaining of goals by individuals. Pluralists stress civil rights, such as freedom of

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expression and organization and an electoral system with at least two parties. On the

other hand, since the participants in this process constitute only a tiny fraction of the

populace, the public acts mainly as bystanders. This is not necessarily undesirable:

political issues require continuous and expert attention which the average citizens do

not have. The important theorists of pluralism are Robert. A. Dahl and Seymour

Martins Lipset.

TRADE UNIONISM UNDER MILITARY RULE

Nigeria’s history is benefit with contrasting political climate. Since

independence in 1960 the country has been under military dictatorship for twenty-

nine years while democratic rule span for the remaining account for the remaining

years. The long years of military rule has had its impact on the nation’s trade

unionism and workers struggle in the country. In view of the dictatorial tendency of

such military administration, trade unions have a herculean task in responding to

policies and unpopular programmes of such regimes. The first challenge posed to

trade unions is with regards to how they can mobilize the members to agitate against

unpopular and repressive programmes of military administration. Trade union

movement in Nigeria attained its highest crescendo of activities during Military

dictatorship. While trade union activities were heightened under previous military

regimes of General Gowon (1967-1975), General Muritala/Obasanjo (1976-1979),

General Buhari /Idiagbon (1984-1986), Gen Babangida (1986-1993) it was during

Gen. Babangida’s regime that witnessed active involvement of trade unions in the

struggle both for the improvement in the living standard of members and restoration

of democratic rule. For example in 1992, there was widespread discontent in the

country in which citizens were harassed, repressed and hungry (Akinyanju, 1997).

Wages were generally low, however, the leadership of the Central Labour

organization (NLC) were collaborators of the military junta, hence could not monster

any resistance against the Military government. It was against this background that

the ASUU embarked on a nation-wide strike in 1992 to advance the improvement of

the working condition of its members. The high level of poverty among members

fostered unity of purpose among members. The strike was largely successful in terms

of total participation of members and the military Government was forced to negotiate

with the union.

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During Gen. Babangida’s regime (1986-1993) trade unions were able to

mobilize their members to protest against the negative effects of the Structural

Adjustment Programme (SAP) of the government. The protest led to the introduction

of some relief measures meant to caution the effect of economic policy on the

citizens. Such relief measures include wages and salaries increment.

Also, the experience of the struggle towards revalidation of true annulled June

12, 1993 Presidential election is another instance of workers struggle during military

era. MKO Abiola won a decisive victory however, on June 23 Babangida using

several pending law suits as a pretence annulled the election throwing Nigeria to

turmoil. More than 100 were killed in riots before Babangida agreed to hand power to

an interim government on August 27, 1999. With the country sliding into chaos

Defense Minister Sani Abacha assumed power and forced the interim Government

headed by Ernest Shonekan a prominent nonpartisan businessman who was meant to

rule from august 27 1993 to February 1994 when elections were scheduled for to hand

over power to him in November 17, 1993. Abacha dissolved all democratic

institutions and replaced elected governors with military officers.

On June , 1994, Moshood Kashimawo Olawale Abiola declared himself president

and went into hiding until his arrest on June 23, in response, petroleum workers

(NUPENG and PENGASSAN) called a strike demanding that Abacha release Abiola

and hand over power to him. Other unions joined the strike, bringing economic life

around Lagos and the southwest to a standstill. After calling off a threatened strike in

July the Nigeria Labour Congress (NLC) reconsidered a general strike in August after

the Government imposed conditions on Abiola’s release. On August 17, 1994 the

government dismissed the leadership of the NLC and the Petroleum Unions, placed

the union under appointed administrators and arrested Frank Kokori and labor leaders.

After assuring power in June 1998, the Abubakar government took steps towards

restoring workers rights and freedom of association for trade unions, which had

deteriorated seriously under Abacha and even implemented a civil service pay rise

and other reforms.

Trade unions also performed the role of sensitizing its members and the

general public against government repressive programmes such as increment in

petroleum price. Past experiences have shown that on each occasion government

desires to effect change in fuel prices, trade unions have played significant role in

mobilizing its members and the general public on the need to resist such action.

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From the preceding discussion, one could observe that the activities of trade

union movement in Nigeria were heightened during military role. The dictatorial

climate provided by Military regimes has the effect of pushing trade unions towards

increasing militancy. Such undemocratic government could not tolerate active

unionism and hence had to resort to intimidation, repression through arrest of union

leaders and outright bar of radical unions. These actions in return further fuelled

radicalism on the part of the unions.

TRADE UNIONISM UNDER DEMOCRATIC RULE

Ironically, though the succeeding post colonial administration inherited the

fear, suspicious and hatred for labour from its predecessor. Trade union activities

were regarded by government as destabilizing to the interest of the state. Hence, right

from the First Republic (1960 – 1966) the posture of government has been to regard

trade union with suspicion and therefore took various measures to decapitulate the

unions. This deliberate action of the Nigeria government has resulted into state

intervention in trade union movement in what is regarded as the principle of “guided

democracy” (Olugboye, 1996).

A significant instance of trade union activities towards enhancement of

workers welfare under democratic role was in 1981 under the regime of Alhaji Shehu

Shagari when trade unions successfully mobilize their members for general strike

which forced the government to increase the monthly minimum wage to N125.00.

The prevailing democratic atmosphere during this period enabled the unions to pursue

its goal of improving the working lives of members through struggle for wage

increase.

During the current political dispensation, trade unions have had cause to

mobilize members to embark on concerted actions aimed at resisting unpopular

government programmes. For instance, since 1999 when democratic rule was restored

in the country, the Federal Government has severally increased the pump price of

petroleum products. On each of these instances, the Central Labour Congress had to

mobilize the workers for strike against the policy. However, this did not go well with

the government which responded by enacting what is now popularly known as anti-

Labour Legislation – the labour bill of 2005. The law among other things seeks to

decentralize the labour union in the country.

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INTERNATIONAL TRADE UNION MOVEMENT

Among the pioneers of international co-operation were the International Trade

Secretariats (ITS). They were renamed, in 2002 as GUFs – Global Union Federations.

GUFs are worldwide federations of unions that unite workers based on industry, craft

or occupation. Amongst the very first pioneers were British, French and other

European trade unionists, whose cooperation resulted in the establishment of the

International Workingmen's Association in 1864. This "First International", which

also grouped the several political factions, supplied some concrete support in several

industrial disputes over its short lifespan. The first enduring international trade union

organizations, independent from the political groupings, were established in 1889,

when the International Federation of Boot and Shoe Operatives, the International

Federation of Tobacco Workers and the International Typographical Secretariat were

created. Several others were formed in the late 19th century and, by 1914, 33 of them

had been established. In the beginning, they were fairly informal structures, co-

operating on a practical level with exchange of information on the craft, trade or

industry, helping travelling journeymen, and discouraging the international transport

of strike-breakers. Around 1900, they had already enlarged their co-operation to areas

such as organizational assistance, international strike support and international

standard setting. The first international trade union organization composed of national

centres grew out of a conference in 1901, where the most important European national

trade unions decided to create an international body. First established as the

International Secretariat of Trade Union Centres, the organization was renamed in

1913, becoming the International Federation of Trade Unions (IFTU). The period

between the wars was one of name changes, the establishment and disappearance of

new international organizations, and schisms. Following the Second World War, the

World Federation of Trade Unions (WFTU) was established. In 1949, the

International Confederation of Free Trade Unions (ICFTU) was founded, largely by

national trade union centres that had left the WFTU over the issue of Communist

domination of that organization. The WFTU remained in existence, but lost most of

its membership after the changes in Central and Eastern Europe in the 1990s. The

ICFTU, which is based on the principle that legitimate unions must be controlled by

their members and not by governments, employers or political parties, is now by far

the largest international trade union confederation. There is also the World

Confederation of Labour (WCL), a relatively small organization based on Christian

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social principles. Also in the immediate post-war period (1948), a body was created to

represent trade unions in connection with recovery programmes in Europe. This

organization later became the Trade Union Advisory Committee to the OECD

(TUAC).

There have been several major shifts in global power relations between social

forces in the last century. There are two most important to consider in this discussion

because they have directly shaped our thinking and our experience. The first

happened in the late 1940s and was a consequence of World War II; the second

happened forty years later and this is what we are referring to when we talk about

globalization.

At the end of World War II, unions were in strong position politically and

industrially. In the three or four decades following World War II, power relationships

had been negotiated basically at national level where the power of capital was limited

by national legislation and by dependence on domestic markets. The ground started

shifting under our feet in the 1980s. The end of the Cold War coincided broadly

speaking, with the end of the post war economic boom. Mass unemployment started

appearing in the industrialized countries in the early 1980s after the first “oil stock” of

1974; the Berlin Wall fell in 1989 and the USSR was dissolved in 1991. At the same

time in little over ten years, the world economy underwent a fundamental change

moving from an aggregate of national economies linked together by a network of

trade, investment and credit to an integrated, borderless global economy.

In the global labour market, workers of all countries have been compelled to

compete against each other with huge wage spreads ranging from one to one hundred.

Workers in all industrialized countries in Europe, North America and Japan have

experienced outsourcing and relocating to low wage countries in the last fifteen years.

But now, even workers in low wage countries are experiencing job losses to lowest

wage countries: Mexico, Central America, South East Asia and Eastern Europe are

losing jobs to China. In every country, employers are telling workers the same thing:

take pay cuts and work longer hours. A whole new vocabulary has been created

“Reform” used to mean progress. Today it means social regression: cuts in benefits,

dismantling of social protection. Workers’ rights and union contracts are referred to as

“labour market rigidities” and introducing “flexibility” means dismantling such rights.

The American Business Magazine’s Business week is asking itself if the world is not

becoming “one grant global labour pool” which has started to affect white collar and

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professional jobs in the United States so far not threatened by international job

competition. But the article says, “As low-wage countries developed the ability to

produce things such as apparel, electronics and textiles, American in those industries

found themselves competing with people who’ll work for a tenth of their pay.

Labour in Western Europe is facing the same problem. Germany for example,

like other West European countries, lost much of its textile and consumer-electronics

industry to Eastern Europe and Asia in the 1980s and 1990s. The big picture is

therefore that transnational capital has emancipated itself from society and can seek

ever-increasing profits where it pleases. It does so in the name of competition but it

has redefined the terms of competition: a profit rate of 5 percent used to be considered

as satisfactory; the benchmark rate is now 15 percent and any production unit that

fails to meet this target risks closure.

INTERNATIONAL TRADE UNION POLICY

By the existence of the Trade Union Acts , certain social welfare provisions and a

small amount of health and safety legislation and legislation dealing with conditions

of employment. During the 1960s and 1970s a number of statutes were enacted,

covering issues such as unfair dismissal, redundancy (the first Act in this area was

passed in 1967), sex discrimination, maternity leave and so forth. Since then, there

have been further interventions in the area of individual employment rights: the

Safety, Health and Welfare at Work Act 1989 and the Worker Protection (Regular

Part-time Employees) Act 1991 ; and the Industrial Relations Act 1990 , which dealt

with collective labour law, regulating the conduct of industrial action as well as

changing the structure of the principal institution of dispute resolution, the Labour

Court qualified a little by the existence of the Trade Union Acts , certain social

welfare provisions and a small amount of health and safety legislation and legislation

dealing with conditions of employment. However, during the 1960s and 1970s a

number of statutes were enacted, covering issues such as unfair dismissal, redundancy

(the first Act in this area was passed in 1967), sex discrimination, maternity leave and

so forth. Since then, there have been further interventions in the area of individual

employment rights: the Safety, Health and Welfare at Work Act 1989 and the Worker

Protection (Regular Part-time Employees) Act 1991; and the Industrial Relations Act

1990, which dealt with collective labour law, regulating the conduct of industrial

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action as well as changing the structure of the principal institution of dispute

resolution, the Labour Court. The voluntarism type of policy is still adopted till date

as Labour Party is still participating in political affairs of the states. Legal regulations

are followed strictly and fundamental human right not compromised which

strengthens trade unionism.

DIVERSITY OF INTERNATIONAL UNIONS

Labour law varies from country to country as does the functions of unions. For

example, in Germany only open shops are legal; that is all discrimination based on

union membership is forbidden. This affects the function and services of the union. In

addition, German unions have played a greater role in management decisions through

participation in corporate boards and co-determination than have unions in the United

State.

Before going on with our work, it will be necessary to make clarification of

terms/ concepts.

A closed shop (US) or a ‘pre-entry closed shop’ (UK) employs only people

who are already union members.

A union Shop (US) or a ‘post-entry closed shop (UK) employs non-union

workers as well, but sets a time limit within which new employees must

join a union.

An agency shop requires non-union workers to pay a fee to the union for

its services in negotiating their contract.

An open shop does not require union membership in employing or keeping

workers. Where a union is active, workers who do not contribute to a

union still benefit from the collective bargaining process.

In Britain, a sense of laws introduced during the 1980s by Margret Thatcher’s

government restricted close and union shops. In Western Europe, professional

associations often carry out the functions of a trade union. In these cases, they may be

negotiating for white collar workers such as physicians, engineers or teachers.

Typically such trade unions refrain from politics or pursue a more or do liberal

politics than their blue collar counterparts.

REBUILDING THE MOVEMENT

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We do not now have the kind of international labour movement that is capable

of meeting the challenges of globalization. The International Confederation of Free

Trade Unions (ICFTU) sees itself largely as a political lobby with the international

institutions on what has been described as “the increasingly bizarre assumption that

such instances would be influenced by being lobbied by union institutions with

decreasing weight and power and with virtually no presence in the dominant or

alternative public spheres intentionally”. The main problem of all international labour

organizations however, is that they have remained in fact loose associations of

national unions which think and react in national terms, at a time when capital is

international and thinks and acts globally. They are unable to develop a common

strategy, only a lowest common denominator.

THE ROLE OF INTERNATIONAL TRADE UNIONS

Starting with the TUCN in 1942, the organisation sent representatives to 1949

London conference of the WFTU, hitherto comprising both eastern and western trade

unions. Following accusations and counter accusations on the ideological leaning of

the world body, the conference split in two. This split gave birth to the ICFTU and

both organisations have propagated the east-west ideological perspectives until the

collapse of the ideological divisions in the late 1980s. It should be stated that there

was the rampant shifting of ideological positions by Nigerian unionists who naturally

raised doubts about the genuineness or seriousness of the ideological division. It

therefore appears that a major contributing factor to disunity was the fact that virtually

all the central labour organizations of the 1960s and 1970s derived most of their

finances from international trade unions. According to well documented investigation

of the internal affairs of the central trade unions of 1976, they were virtually financed

by external bodies. The tribunal also revealed that apart from cash grants, other

assistance in form of materials and vehicles and sponsorship of such projects as the

Trade Union Institute for Economic and Social Development by the African –

American Institute were given to Nigerian Unions.

Throughout the colonial period and up to the early 1970s, the response of the

Government had in general reflected the voluntary policy. While the government was

well aware of the divisive consequences of international trade union affiliation,

neither the colonial government nor the post-independence civilian administration

was willing to intervene because of a commitment to the ILO’s convention on

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freedom of association. On the other hand, the government had on occasion

encouraged the activities of the international trade unions particularly in the area of

labour education.

GLOBALIZATION AND TRADE UNION

This globalization is a challenge for workers and their trade unions. There is

the pressure put on governments to deregulate and, increasingly, to abdicate their role.

A nation-centered system with national social and economic policies helped to create

a degree of social justice and economic equity. This nationally based approach has

come under severe pressure. Due to the diminished role of national institutions, there

has been a certain shift towards the world level, but without an international frame

work and institutions in place that can deal effectively with issues of justice and

equity. An additional challenge for trade unions is the changing nature of the

employer. In a world where capital is much more mobile than workers, different

forms of business organization and relationships have been created which can shift

employment and threaten collective bargaining relationships, including the

introduction of new management methods, sometimes “best practice”, but too often

“worst practice”, and the threat to relocate to countries with lower social or

environmental standards and no independent trade unions. New forms of work

organization have been established as well as changes in the employment relationship.

A long list of examples can be given such as outsourcing, subcontracting, contract

labour and various other forms of precarious employment. Globalization has also

helped to extend the market and the responsibility for goods produced under extreme

forms of exploitation such as child labour or forced labour. Because of these changes,

one of the fundamental goals of organized labour, taking workers’ rights out of

competition by establishing fundamental common standards, is under direct attack.

Even with the emergence of corporate social responsibility as the latest fashion,

competitiveness and flexibility are still the main objectives for most of the enterprises

in the global environment. They put workers into increasingly fierce competition with

each other, put pressure on social safety nets, and, at times, effectively undermine

workers’ rights that were won through many years of struggle.

With the advent of globalization, there had been a decrease of trade union

density, increase of the informal sector (most of the workers employed in the informal

sector are women and children), increase of atypical forms of labour (contract labour),

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global attack against workers’ rights, strikes repressed by employers or the police,

trade unionists harassed, arrested, detained, killed or “disappeared” . some employee

were dismissed because of their trade union activities, unequal pay where women are

paid anything between 10-50% less than men for doing similar job or different job of

equal value while numerous women and children becomes victims of cross-border

human trafficking, and fundamental human rights compromised.

TRADE UNION RIGHTS AND INTERNATIONAL LABOUR

ORGANIZATION (ILO) STANDARDS

The International Labour Organization (ILO) is based in Geneva and is the

major international body dealing with labour and labour related issues. It is also the

only body in the UN system that is tripartite, with representation of workers,

employers, and governments. From the beginning, it was recognized that interference

in markets is necessary to protect rights from the village to the world. Legislative

protections in such areas as wage and working hours laws, health and safety

protection, and other labour standards are such “interference”. So are collective

bargaining agreements. Both attempt to create a system of competition that is not

based on exploitation of workers. Globalization, without mechanisms to support

fundamental workers’ rights, can put workers back into competition and lead to a race

to the bottom, as countries reduce wages, taxes, welfare benefits and other social or

environmental protections to make themselves more competitive. The fundamental

concern of the trade union movement has been the struggle to secure the right of

workers to form and join independent trade unions and to bargain collectively with

their employer. This is the very basis of trade union organization and is still its highest

priority. Defending trade unions and trade union rights under attack from any

government is a main activity for the international trade union movement The most

important trade union rights are defined in the ILO conventions No. 87 on freedom of

association and No. 98 on the right to collective bargaining. International trade union

organizations have been fighting since their inception to get these rights recognized

by all governments and employers. Conventions No. 87 and No. 98 are integral parts

of what is needed to combat the excesses of globalization: a strong set of labour

standards securing the principal labour rights that can be used to confront the social

actors with their responsibilities.

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ILO DECLARATION ON FUNDAMENTAL PRINCIPLES AND RIGHTS AT

WORK

The International Labour Conference, at its 86th Session in 1998, adopted a

declaration on workers’ rights based on the fundamental conventions of the ILO, the

principles of which governments are considered obligated to respect by virtue of their

ILO membership. The eight main ILO labour conventions on which the new

Declaration is based are: No. 87 and 98 on the rights to freedom of association and

collective bargaining, No. 29 and 105 on the abolition of forced labour, No. 100 and

111 on the prevention of discrimination in employment and equal pay for work of

equal value and No. 138 and 182 on child labour. The effective application of this

Declaration would strengthen respect for workers’ rights and help reduce the negative

effects of globalization. The ICFTU led the effort to create this Declaration and its

follow-up procedure. ILO convention No. 87 on Freedom of Association and

Protection of the Right to Organize, adopted in 1948, has been ratified by over 140

countries. It declares: • That workers can establish and join organizations of their

choice without prior agreement from the state. • That trade unions cannot be dissolved

or suspended by the state. • That they are free to create federations and

confederations, which, in turn, can affiliate at the international level. ILO convention

No. 98 on the Right to Organize and Collective Bargaining was adopted in 1949. Over

150 countries have ratified it. • It extends worker protection against acts of anti-union

discrimination. • It encourages and protects the process of voluntary negotiation

between workers and employer organizations to regulate terms and conditions of

employment by means of collective agreements. • It does not deal with public

servants “engaged in the administration of the State” who are covered by Convention

151 (1978).

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SUMMARY AND CONCLUSION

The preceding discussion has considered trade union movement in Nigeria and

internationally and its impact on workers emancipation with a focus on varying

political setting in the country and the emergency of the ITUC at the world levels. It

reflects that Nigerian trade union movement has a long history beginning from the

colonial era to the present day. The post colonial administration was seen to inherit

the anti-labour policy of the colonial era. The military regime was considered to

demonstrate harsher attitude towards trade union activities than the civilian

administrations. However, both political environments were seen to pose serious

challenges to trade union movement in the country.

At the international sphere, the impact of globalization has allowed trade

bodies internationally based to have affiliates in other countries. Also, it employs

labour from different countries into their work force (though it is sometimes a form of

cheap labour).

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