Democratic trade unions reach out to their aggressors

(April 2010)

Story published in Union View n°17, also available at http://www.ituc-csi.org/IMG/pdf/VS_nepal_EN.pdf

Anarchy and non-respect for the law constitute a barrier to healthy industrial relations in Nepal. Democratic trade unions are advocating peace, in spite of the numerous attacks on their members by Maoist trade unionists over recent years.

Nepal is struggling to recover from the armed conflict between the government and the Community Party of Nepal (Maoist), which claimed the lives of over 13,000 people between 1996 and 2006. The abolition of the monarchy in 2008 has not succeeded in bringing political stability. The peace process concluded in 2006 remains fragile and is further weakened by the armed groups still operating in the Terai region, in southern Nepal. Armed youth groups linked to the main political parties also continue to fuel the climate of insecurity across the country.

The integration of former Maoist rebels into civil society is among the many challenges to be met before there can be talk of any real stability in Nepal. This integration process is not proving easy at any level, even for the trade union movement. The most recent ITUC surveys of trade union rights violations denounce numerous violent attacks suffered by democratic trade unionists at the hands of their Maoist counterparts. In March 2009, for example, TP Khanal, assistant general secretary of the Nepal Trade Union Congress – Independent (NTUC-I) and Krishna Pandey, one of the leaders of the Nepal Tourism, Hotel, Casino and Restaurant Workers’ Union (NTHCRWU) and the union leader at Katmandou's Anna casino, were beaten up by members of the Maoist union. TP Khanal’s injuries were so severe that he had to spend two weeks in hospital. "It was a group of around fifty assailants, some of whom were not members of the casino's staff," explains Krishna Pandey. "The attack took place during the break, in the staff room. Just two of us were beaten; the other union members didn't intervene, out of fear."

It is public knowledge in Nepal that when attacks on democratic trade unionists come from Maoist camp, they are executed by members of the Young Communist League (YCL). They are usually former guerrilla fighters from the People's Liberation Army, who fought a long civil war and are well-versed in the art of combat. "In Kathmandu and other large cities, these militants occupy houses, companies or public places, where they live and train. There are over 3,000 in the capital," says Bidur Karki, a GEFONT representative on the committee of Nepalese ITUC affiliates. Their arrival at places where any form of protest is being held often stirs fears in those targeted by Maoists, as aside from being martial arts experts, some carry weapons under their clothes.

Trade unionists' families threatened

The Maoist trade unions often use force to impose their presence at the negotiating table. This was the case just recently at Kathmandu's casinos, one of the most profitable sectors of the Nepalese economy. "GEFONT and the NTUC-I have representatives at all the casinos, but in most cases we can no longer hold union elections there," explains Ramesh Badal, of GEFONT's international relations department. "If a ballot is called, the Maoists call our trade unionist's wife and advise her to buy some white clothing, which is worn when one's spouse dies."

The NTUC-I and GEFONT accuse Maoist trade unions of not always respecting the rules during negotiations with employers. "When a union presents demands, the law gives employers a period of 30 days to respond. The Maoists do not wait, they immediately take action, organise strikes etc. GEFONT and the NTUC-I follow the legal procedures, but because there are a lot of loopholes in the law, we do not always succeed in having our demands met. The Maoists use brute force, which some workers' like," explains Radha Chalise, vice president of the Nepal Press Union (NPU). Surya Bhandari, head of the NTHCRWU within Casino Nepal, expresses regret that many Maoist trade unionists do not show solidarity with all the workers: "When they engage in collective bargaining, they only do so for their own members, so as to press the other workers to join them. The employers are happy to see the negotiations limited to just a section of the workforce and, as a result, the Maoists often receive pay increases, promotions and other advantages more easily."

Bringing Maoist trade unions to the negotiating table

In spite of the attacks on their members, democratic trade unions are reaching out to the Maoist trade unions, to try to bring them to the negotiating table. They prefer this peacemaking strategy to confrontation with thousands of Maoists trained in combat techniques. A Joint Trade Union Coordination Centre (JTUCC) has been set up for this purpose. Supported by the Danish trade union council for development cooperation, the LO/FTF Council, it is a platform bringing together representatives from seven trade unions, and its aim is to curb the acts of violence. "The only solution is to continue to integrate the Maoists in the peace process," explains Laxman Basnet, president of the NTUC-I. "It's hard sometimes for our members who have been attacked not to lose patience, but what else can we do? If we respond with violence, their members will respond even more violently. Taking them to court would be useless; they'd be released the next day."

The ITUC's other Nepalese affiliate agrees with this approach. "It's true that it's awkward at times," says Bishnu Rimal, president of GEFONT. "Whilst we are sat around the table with the Maoist trade union leaders, their members are beating up ours at the grass roots. But if we abandon the talks, we will be plunged into even greater anarchy. We have observed that there has been a reduction in the acts of violence committed by Maoist militants over the last three years. Their leaders recognise that such acts are unacceptable." The link between the Maoist trade union ANTUF (1) and the Maoist political party would seem to explain why the commitments made by ANTUF in favour of peaceful trade union relations are not always implemented on the ground. Although the main Nepalese unions are all more or less close to one political party or another, the ITUC affiliates note that in ANTUF's case it is totally under the party's control, especially at local level. "The Maoist members carry out attacks at local level without informing ANTUF's leaders. When we meet the leaders within the Joint Trade Union Coordination Centre, they call the local Maoist politicians. It's the only way they can control the local Maoist trade unionists," underlines the negotiator for an ITUC affiliate.

Although it may not have resolved all the problems of violence, the ITUC's Nepalese affiliates comment that the Joint Trade Union Coordination Centre has opened the door to joint trade union demands in a range of areas that are crucial to the country's future, such as the introduction of social security for all, the revision of the labour legislation and the drawing up of the new Constitution, etc. They are hoping that the unity behind these key trade union demands will bring Nepal greater social justice and, as a result, greater stability.

                                                                                                                                                             Samuel Grumiau

(1) All Nepal Trade Union Federation

Box 1 :

"On 30 May 2008, I had posted a trade union notice on the notice board at Casino Nepal, where I work. In the evening, when I finished my shift, over 25 Maoist militants attacked me and five other colleagues. I think at least two of the aggressors were former Maoist rebels. We took refuge in the manager's office. He asked them to stop the beating, but he did not dare intervene. None of the security staff came to our aid. I had to spend three days in hospital following this attack, and I am still suffering from headaches because of it. The Maoist union leaders apologised and said it would not happen again, but a month later, we were confronted with a renewed attack (on that occasion we were able to defend ourselves). Some of the assailants are our work colleagues, so you can imagine how heavy the atmosphere is after such acts."

Laxman Sah, member of the Nepal Tourism, Hotel, Casino and Restaurant Workers’ Union (NTHCRWU)

Box 2:

"We want to evolve toward peaceful trade unionism"

The leaders of the Maoist trade union centre recognise they have some difficulty controlling their members on the ground. "For ten years, our trade union only worked underground, as the Maoist political party we are close to was at war," explains Shalik Ram Jamkattel, president of ANTUF (1). "A lot of our members were arrested during that period. Many received combat training. They do not have the same thought processes as the other trade unionists. Our official and active participation in trade union initiatives and training only dates back to 2006."

ANTUF's leadership is clear about its will to evolve toward a peaceful trade union movement. Baburam Gautam, vice president: "We need time to resolve the problem of violence, by training and educating our members. In some places, discussions between rival trade unions or between Maoist trade unions and employers still lead to conflict on occasions. What has to be understood is that our members are really from the grass roots, they are blue collar workers with little education and many are heavily exploited by their employers. They work hard and barely have time for the training activities; we cannot make them evolve overnight."

ANTUF's political discourse takes its distance from Maoist ideology. "Our aim is to take Nepal along the path of economic growth," underlines Baburam Gautam. "We want to invite multinationals to invest in Nepal, within the framework of a socialism that distributes the  profits equally and as widely as possible. We are fighting for social justice and the introduction of social security for all. But this is not possible in the Nepal of today: we need to develop economically first."

                                                                                                             S.G.                                                                                                                                  

 (1)   All Nepal Trade Union Federation