1.2 The union awakening
Since its 1978 Congress the USTN (Union des Syndicats des Travailleurs du Niger), the only federation of unions, had advocated
'responsible participation', and collaborated with the military regime. However, the weakness of the government at the end of the
1980s gave the union movement an opportunity to separate itself from the State Party. The real turning point came on 1 May 1990
with the demand for a multiparty democracy and a National Conference. Since then, together with the student movement, the
USTN has been at the forefront of the struggle for democracy.
This awakening promised to be fruitful but the rank-and-file workers quickly became disillusioned. Having based their hopes on
solving the economic and social problems which were at the root of the social conflict, workers became the victims of economic
stabilization. During the transition, as under the Third Republic and even more under the Fourth Republic, their purchasing power
collapsed. The drawing up of a new Constitution and the creation of democratic institutions did not compensate for this economic
failure. Furthermore, the unions had to face the growing economic hostility of the democratically elected authorities.
It was in this context of economic and political liberalization that the cohesion and unity of the labour movement, so remarkable
during the struggle for democracy, began to break down. There were conflicts between unions affiliated to the federation and
divergences among union leaders suspected, rightly or wrongly, of playing the political game.
1.3 Planned reforms under the new programmes
The struggle against the economic measures recommended by the IMF and the World Bank, particularly in the field of education,
led to the fall of the Second Republic and the introduction of political democracy. The National Conference rejected the SAP and
adopted a series of measures designed to stimulate the national economy. The transitional government was faced with a great
challenge. The fall in the uranium market meant a reduction of 34.48 per cent in the value of mineral exports between 1986 and
1990, according to the IMF. Disruptions in distribution, the destruction of equipment and the closure of more than half the
country's small and medium-sized enterprises left the economy in a desperate position. According to the World Bank, Niger's
foreign debt amounted to 1340 thousand million FCFA at the end of 1989, including 331 thousand million FCFA of long-term debt.
There were shortfalls in tax revenues, overdue salaries in the public sector, and unemployment in the private sector. One-fifth of the
population of the capital city was without an income as a result of the closure of numerous small businesses. Employment fell by
22.68 per cent between 1978 and 1990.
Incapable of mobilizing internal resources and faced with the timidity of development partners, each successive government has
appealed to the international financial institutions. Formerly decried and contested by unions and political parties the SAP thus
came back through the front door.
Niger's financial situation had deteriorated to the point where it was necessary to give priority to budgetary adjustment. The
imperative reduction in salary costs required a restructuring of the public service and a revision of government objectives in
education. Significant measures were introduced to cut production costs in order to make the economy competitive. These were the
principal IMF recommendations which were made in 1992, and successive governments have attempted to implement them despite
the reluctance of many social groups. Owing to political instability, however, no government has been able to carry out the reforms
in full and the programmes and facilities have been continually renegotiated.
Nevertheless, massive lay-offs have occurred in both the public and the private sectors, and workers' interests have been sacrificed.
The sacrifice is all the more painful as unions have not been involved in economic reform, despite the fact that Niger has ratified
international Conventions which prohibit this type of action without prior consultation. It must be said that the political context of
the Fourth Republic is not favourable to negotiation.
1.4 Union attitudes
There are many obstacles to the implementation of economic reform. But despite union opposition unpopular measures have
generally been applied and workers have suffered. The lack of real direction on the part of leaders has meant that unions have not
been very effective in their efforts to defend workers' interests. The USTN document Analysis of structural adjustment in Niger
gives the impression that the federation considers structural adjustment as a neutral technique for solving economic and financial
problems, and that the SAP is inevitable.
The federation seems to accept lay-offs as workers' contribution to national recovery, despite the fact that the burden is not spread
evenly over all social classes. Nevertheless the unions are trying to initiate strategies to combat the social cost of globalization.
Their demands relate to four vital areas: preserving democratic structures, safeguarding union rights, protecting employment and
defending wages. The following chapters describe union strategies in the face of globalization.
2. Recent reforms and their effect on production
2.1 Reasons for privatizing enterprises
Privatization/restructuring is one of the principal elements of the SAP. The entire public sector is affected by economy measures
and retrenchment. Salaries were cut by 30 per cent across the board in 1997, and early retirement became mandatory for everyone
aged 50 and over, or having 30 years service. Eight enterprises are concerned by the reforms foreseen in the structural adjustment
programme.
2.2 The institutional framework and collective agreements
Employment in public sector enterprises is governed by the Labour Code and by collective agreements. In other words, public
sector workers are treated like those in the private sector. They are automatically promoted every two years, moving from one
grade to the next.
Strictly speaking there is no collective agreement between the State and the public sector unions. The negotiating body is the
Consultative Committee of the Public Service, which has six members representing government ministries and six representing
employees. The Committee gives an opinion on human resource policies and practices in the public sector: it also studies draft
texts dealing with changes in the status of government employees.
There is a collective agreement between employers and unions in the private sector, which dates from 15 December 1992. This
agreement incorporates the principal union rights enshrined in international texts; it also outlines the practical modalities of
applying the provisions of the Labour Code, particularly those relating to acquired rights. It stipulates that an employer cannot
discriminate against an employee who belongs to a union. Discrimination is also forbidden on grounds of the political,
philosophical or religious beliefs of employees. With regard to union rights the agreement authorizes absence from work to take
part in union activities, the provision of premises and facilities for union meetings and the collection of union dues inside the
enterprise. Like the Labour Code, the collective agreement protections unionists from discrimination. The dismissal of a union
delegate is not valid unless approved by the Inspector of Labour.
2.3 Effects on employment
Between 1988 and 1992 about 5000 people who were employed in public enterprises lost their jobs. Many of these people will join
the ranks of the unemployed as there are few openings for job seekers in the context of privatization and restructuring. 'Voluntary
retirement' is really a disguised form of lay-off. Workers are offered an attractive payment if they resign rather than wait to be
dismissed. They are encouraged to start their own business and create new jobs, but many of these enterprises fail. The reason
generally given is the lack of institutional support and the unfavourable economic situation.
2.4 Effects on acquired rights
- The 30 per cent reduction in public sector wages was a heavy blow to government employees. Salaries have also been cut in
private enterprises, ostensibly to save the enterprise and thus preserve the jobs. In other words, workers are given the choice of
accepting a lower wage or losing their job. Unfortunately many workers have suffered both.
- Public sector wages have been withheld because of strike action, without regard to actual responsibility for the stoppage. These
strikes have been justified by the non-payment of wages, so that the State (the employer) is responsible because it fails to honour
its commitments to employees. Withholding salaries is thus a step backwards. Civil servants have also lost the right to a salary
increase on promotion. This allows the State to save on salaries, at the expense of workers.
- The check-off system which assured the payment of union dues has been challenged by the Ministry of Finance, in order to
weaken the unions.
- The President of USTN, the main union federation, automatically chaired the Administrative Council of the CNSS (Caisse
Nationale de Sécurité Sociale), which made it possible for the unions to promote the social rights of workers. This privilege has
now been withdrawn.
- The right to strike has been seriously undermined by individual and collective reprisals. Picketing is forbidden and unionists
have been arrested and imprisoned. Government forces have been deployed at workplaces to obstruct the action of union
delegates by violence or intimidation.
- Union leaders have been imprisoned and dismissed, in contravention of the Labour Code. Strikers have been wounded during
protest demonstrations.
- Temporary workers have been hired in order to break strikes. These workers are not familiar with the equipment they have to
use, and they often damage it, which makes the conditions of work more difficult after the strike. Some employers dismiss
strikers.
- Two police unions were dissolved by the government, in defiance of international Conventions, the police having made many
demands for improved pay and conditions. The pretext for dissolving the unions was that police strikes were against the public
interest. The union representing customs officials was also dissolved, as a strike in this sector would sabotage the government's
economic programme.
- The freedom of the labour movement has been seriously threatened by state intervention in union affairs. Government has made
appointments to union offices and created new unions favourable to the ruling party.
- Unions have lost the right to organize demonstrations as marches are forbidden on the pretext that municipal services cannot
cope with them. Only meetings are allowed.
- Unions have lost their access to the public mass media.
- Unions are not involved in the privatization process.
Since a democratic government was installed at the beginning of the 1990s unions have managed to preserve some of their rights by
resorting to judicial procedures. They have prosecuted employers, including the State, who do not respect their obligations to workers. Some positive results have been achieved, notably:
- the reinstatement of workers who were illegally dismissed;
- the restitution of their salaries and other rights and benefits;
- the release of imprisoned unionists;
- the preservation of threatened jobs;
- the cancellation of arbitrary assignments of unionists;
- the recruitment of young graduates to the public sector, notably in health and education.
Under the authoritarian government of the Fourth Republic economic liberalization seriously affected workers, enterprises and
business. The immediate effects were felt in:
- purchasing power - workers were impoverished;
- civil liberties - demonstrations and marches were forbidden, and unions were denied access to the media;
- enterprise productivity - workers were demotivated by salary cuts;
- foreign investment - industrial unrest deterred foreign investors;
- union activities - some unions lost the right to organize meetings at the workplace;
- union militancy - loss of workers' rights undermined union action, particularly among women and young people. Some workers
were obliged to take a second job in order to make up the income lost as a result of salary cuts. They were discouraged and had
no time for union activities.
- degree of mobilization - the massive demonstrations organized in protest against public sector wage cuts failed to achieve any
result. This caused workers to lose heart and leaders to become apathetic. Some union leaders were suspected of colluding with
the government.
2.5 Union strategies
In the period before privatization began unions preferred action which required a minimum of human and material resources. This
stage was generally peaceful as unions were trying to ensure a 'soft' process of privatization which would not be prejudicial to
workers. Six types of action were undertaken during this period.
2.5.1 Before the reforms were implemented
Preventive action
Unions carried out research and collected data on the enterprises which were to be privatized and on the public sector generally.
The information allowed them to combat the options preferred by employers, which threatened workers' interests. Unions made
counter-proposals which they publicized in the media and among their members. They only accepted measures which they
considered were justified and only on condition that unions took part in the entire process.
Internal promotion
Unions denounced certain enterprise directors who deliberately mismanaged the company in order to profit from privatization.
They fought for internal promotion so that people inside the enterprise would be appointed to management positions. They believed
that directors appointed from outside were not able to defend the enterprise and the people working there.
Negotiation and mediation
In order to obtain the reinstatement of workers illegally dismissed the unions denounced the lay-offs and demanded talks with the
employer. If employers refused to negotiate a strike warning was issued. The strike was highly publicized to gain public sympathy
and alert other unions. The strike was also brought to the attention of unions in other countries.
Judicial proceedings
For private sector employees hearings were held at works tribunals. The first recourse in the public sector was to the bipartite
authorities, before going to the Supreme Court. In the case of imprisoned unionists publicity campaigns were organized to exert
pressure on the government and the matter was brought to trial if there was no response from the authorities.
Lobbying
Unions lobbied the government for the reinstatement of workers. If negotiations broke down they also lobbied influential
politicians.
Administrative measures
The union defended workers who were illegally dismissed and helped them prepare the documents necessary to challenge the
employer through the official channels.
2.5.2 After the reforms were implemented
If the types of action described above were not effective, the unions moved on to different strategies. This has caused considerable
disturbance because the unions are trying to achieve by force what they failed to achieve by peaceful means. This stage continues as
the privatization programme is still being pursued. Three principal strategies are deployed:
The indefinite strike
The traditional union strategies of strikes and negotiations are still preferred but their nature has changed since the introduction of
the SAP and economic reform. Thus, when the government refuses to negotiate, or if negotiations fail, the unions individually or
collectively decide to:
- call an indefinite strike, sometimes with no guaranteed minimum service;
- suspend activities because of the 'impossibility of working'.
These methods were used during the political struggles of 1991 when, for the first time in its history, the USTN called an indefinite
strike to demand a multiparty government and the withdrawal of structural adjustment measures. This strike, which was massively
supported by workers, students and the general population, led to the fall of the Second Republic and the introduction of
multipartism.
Under the democratic regime the USTN used this strategy in 1994 to combat government measures affecting salaries and unionists.
The federation organized an indefinite strike which lasted for 55 days but achieved no more than a promise of arbitration. This did
not meet the expectations of workers, particularly as the authorities had drafted in temporary workers to maintain skeleton services
in the public sector. The strike thus had very limited success, particularly as workers were not paid during the action. Indefinite
strikes seem to have given way to intermittent strike action now, although the suspension of activities is still used.
The strike relay
Under this strategy all the unions affiliated to the USTN declare a strike in turn. As soon as a strike is called off in one sector
employees stop work in another sector, so that the authorities are constantly importuned. Sometimes no skeleton service is
maintained, which is a real declaration of war on the government. Unions in the health sector, education and electricity are able to
use these strikes to the best advantage as they cause the most serious problems for the government and employers. This strategy has
made it possible to start a dialogue and even to satisfy some union demands.
The general strike
Unions paralyse all the vital sectors of the economy for one or two days, thus disrupting national life and embarrassing the
government. This strategy is used when the political situation is extremely critical, when negotiations have failed or the government
offer falls far short of workers' demands, and also when democracy and national unity are under threat. It was effective in 1991 in
the struggle for democracy, and also in 1992 and 1994 against an army mutiny during which the established authorities were
illegally confined by rebellious troops.
3. Union structures and finances