Cotu to petition global labour watchdog

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By Luke Anami

The Central Organisation of Trade unions (Cotu) wants the UN to compel Kenya to implement new labour laws fast.

The workers’ umbrella body is dissatisfied with the pace the five Labour Acts enacted two years ago are being implemented.

Top among Cotu’s complaints is the refusal by employers to allow employees to join a union of their choice.

"Cotu will take the matter to the upcoming International Labour Organisation (ILO) summit in June this year," Francis Atwoli, Secretary General of Cotu, said in an exclusive interview with The Standard.

The principle of freedom of association is at the core of the ILO’s values: it is enshrined in the ILO Constitution (1919), the ILO Declaration of Philadelphia (1944), and the ILO Declaration on Fundamental Principles and Rights at Work (1998).

It is also a right proclaimed in the Universal Declaration of Human Rights (1948).

The right to organise and form employers’ and workers’ organisations is the prerequisite for sound collective bargaining and social dialogue. "The move by employers is against the conventions of ILO which have been ratified by Kenya," Mr Atwoli (Pctured) said.

The rights to organise and to bargain collectively are enabling rights that make it possible to promote democracy, sound labour market governance and decent conditions at work.

Registered with union

For a worker to effectively enjoy this requirement, he or she must be a member of a registered union as stipulated in the Labour Relations Act 2007.

However, the majority of employers continue to deny their workers the opportunity to exercise their right to engage in meaningful bargaining.

"There is increased constant harassing of shop-stewards and employees who show willingness to join a union," Atwoli said.

He singled out sugar firms as notorious in the Nyanza Sugar belt.

The others include companies in the horticulture industry.

In the manufacturing sector, he said some firms have denied their workers the right to organise and bargain under unions.

"While the employers action is obviously against the law that allows freedom of association, Cotu is worried that no legal action has been taken against such employers, so far, two years after the acts came into force," he said.

Last month, the Kenya Union Plantation and Allied workers, through Gregory Ombito and Company Advocates filed a case against Kibos Sugar and Allied Industries in the Industrial Court.

Kibos is accused of sacking one, George Angira for apparent refusal to dissociate himself with trade union recruitment.

"Most employers have taken advantage of the Ministry of Labour’s lack of manpower to supervise and enforce the new laws," Atwoli said.

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