WORKERS in Zambia would certainly be relieved if the Zambia Congress of Trade Unions (ZCTU) and Federation of Free Trade Unions of Zambia (FFTUZ) merged to form a single, united body.
Just when everyone was resigned to the odd feeling that the labour movement in the country was reaching its twilight, fractured in large part by accusations of political interference rather than the oscillating workers’ interests, there is now hope that the situation may soon change.
Over the years, there have been deep divisions in the unions which have triggered recriminations among many unionists.
The raucous trade union landscape has failed to galvanise the general workforce, especially new entrants to the job market.
For this reason, labour leaders have been heaving under immense pressure to consider pulling on one rope in order for them to pull the ship to a destination shared by all the interest groups.
The fragmentation of the labour movement has, to a larger extent, worked to the advantage of some employers who have thrived on weakened bargaining for improved salaries and conditions of service.
Many workers are increasingly arguing that they cannot afford a flourish of separatist talks among the labour leaders, as that has undermined their voices.
A point of note is that everyone is free to form or join a union of their choice. I will refer you to the Constitution of Zambia (Amendment) Bill of 2016 which in Part 3 Section 41(2) (d) states that a person has the right to form, join or participate in the activities and programmes of a trade union, including going on a lawful strike.
However, some people contend that this legal provision has made some labour leaders lure workers from long-standing unions to their splinter groups, and usually with the heavy price of ineffective representation.
It is inarguable that the labour movement has undergone an astonishing transformation from the 1970s through the ‘80s when the late President Frederick Chiluba led the ZCTU in strenuous circumstances made possible by a one-party dictatorship.
Splinter unions seem to be the norm from the time Zambia reverted to multi-party democracy in 1991, and the labour movement has thus struggled to clamber out of the trench in which it is currently lodged.
Some political and social commentators have noted that following the Industrial and Labour Relations Act of 1993, more unions have emerged.
Some have departed from the mainstream unions while others have disaffiliated from the ZCTU, making the labour movement today more divided than ever before in the history of the country.
Labour Institute of Zambia (LIZ) executive director Clement Kasonde says although trade union amalgamation through merging is not a panacea, it may offer many opportunities for using resources more effectively.
Mr Kasonde, who is also a lecturer in labour studies at Mulungushi University, observes that careful strategies should be developed to ensure the promised benefits of union mergers are realised.
He says managing trade union mergers and development may not be a quick fix. In other words, planning a merger could be a long-term process.
One of the major trade union responses to globalisation in the 21st Century is the creation of global unions through trade union mergers.
According to Mr Kasonde, more companies are conglomerating and off-shoring investment and jobs in search of bigger markets and to seek higher returns on investments.
This, therefore, supports the need for the ZCTU and FFTUZ to transform themselves into global unions as a counter-veiling force to the power of capital.
“The philosophy behind this shift in unionism is that global companies require global unions.
“To achieve this vision, ZCTU, FFTUZ, their affiliates, and other stakeholders should support this process to ensure its success,” says Mr Kasonde.
He says the ZCTU and FFTUZ constitutions and Zambian laws allow for trade union mergers through amalgamation and globalisation of political institutions.
The globalisation of business and markets should be followed by the globalisation of trade unions, and this can also be achieved through trade union mergers both at federation and sector level.
Legally speaking, the term ‘merger’ can be segmented or interpreted into two distinct ways as follows:
1.    Transfer of engagements: This involves the transfer of membership, property, etc, from one union (the “transferring”) to another (the “receiving”).
2.     Amalgamation: This involves a simultaneous merging by two or more unions of all their membership, property, etc, creating a new amalgamated union.
Mr Kasonde says both the ZCTU and FFTUZ were created by the Industrial and Labour Relations Act (ILRA).
Their respective constitutions do provide for the amalgamation of unions in line with the enabling legislation.
The right to union mergers is premised on the Right to Freedom of Association (FoA) as guaranteed by the Zambian Constitution, IRLA, International Labour Organisation (ILO) C87, C98 and Universal Declaration of Human Rights (UDHR).
According to Inviolata Chinyangarara, senior specialist for workers’ activities, ILO Decent Work Team – Pretoria, the two main instruments of the ILO that protect the freedom of association of workers are the FoA and Protection of the Right to Organise Convention, 1948 (C87) and the Right to Organise and Collective Bargaining Convention, 1949 (C98).
On account of the importance of the principles contained in the two Conventions, they have been categorised as ‘fundamental conventions’ requiring universal observance.
These enabling rights make it possible to promote and realise decent conditions at work.
There is a caution by ILO, though. The right to FoA should be protected and should not be left open to abusive interpretation and application, as has happened in a number of countries.
Trade union unity – both in action and in structures – should be the most urgent priority for the union movement in the countries concerned if it wants to preserve or restore its credibility for the future.
Trade union pluralism is part of the principle of freedom of association, which is a universal basic right.
The aim of the International Labour Conference, when drawing up Convention No. 87, was to protect the independence of trade unions and safeguard the right of workers to create and belong to trade unions of their own choice. The purpose was never to promote trade union proliferation and fragmentation.
Therefore, this right has to be used with extreme caution as well as with an unwavering sense of loyalty and devotion to the cause of defending the rights and the interests of workers and trade union members in the best possible manner.
It is thus comforting that in June, this year, the ZCTU and FFTUZ formally signed a Memorandum of Understanding (MoU) aimed at amalgamating the two organisations.
The two units started the merger negotiations in February 2016 under the auspices of LIZ as neutral facilitators.
LIZ administration and programme manager John Musonda says a technical committee comprising representatives from both federations and LIZ is overseeing this process, while the Friedrich Ebert Foundation is supporting the project.
Mr  Musonda says the process is expected to culminate into a merger congress by January 2018.
Next week, I will delve deeper into the guidelines and processes on which mergers are centred.
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