Fostering Freedom of Association in the fisheries sector in Namibia

A two-day workshop for the social partners in the fishing sector was held to foster understanding of freedom of association, collective bargaining, dispute prevention and resolution as well as negotiation skills.

16 October 2023

ILO News (Windhoek) As part of increasing awareness and adopting of decent work tenets in the fisheries sector in Namibia, social partners have added sensitization on sectoral collective bargaining and dispute resolution to the list. This has resulted in improved inspections, move towards standardized working conditions, and draft terms of reference for a National Commission for the sector.

This capacity building initiative is being implemented under a joint initiative of the ILO and the European Union (EU) Programme for Employment and Social Innovation on Supply Chains for a Sustainable Future of Work (SCSFW)

Due to a strong trade union presence at enterprise level in the Namibia fisheries sector, all collective bargaining negotiations have been at the level of a ‘gentleman’s agreement’ with no records existing of previous sectoral bargaining ‘agreements’. According to the Deep-dive research into decent work challenges and opportunities in Namibia’s fishing supply chain there is a general lack of awareness on human rights due diligence among employers, with workers reporting dissatisfaction with their working conditions, including wages, working hours and compensation for overtime. Other challenges affecting decent work include the widespread use of temporary contracts and related lack of social security contributions on foreign flagged vessels.

To try and address this gap, a two-day workshop for the social partners and members of the National Tripartite Advisory Committee was held to sensitize trade union leaders and employer representatives on freedom of association and the right to collective bargaining. It was aimed at building an understanding of the basic concepts of freedom of association, collective bargaining and their role in prevention and resolution of disputes as well as negotiation skills. The workshop also provided an opportunity to roll-out for the first time at country level, the new ILO International Training Centre (ITC/Turin) module on the Industrial Relations Toolkit on Freedom of Association.

According to the ILO, the right of workers and employers to form and join organizations of their own choosing is an integral part of a free and open society. Freedom of association is a fundamental human right proclaimed in the Universal Declaration of Human Rights (1948). It is the enabling right to allow effective participation of non-state actors in economic and social policy, lying at the heart of democracy and the rule of law. Ensuring that workers and employers have a voice and are represented is, therefore, essential for the effective functioning not only of labour markets and enterprises, but also of overall governance structures in a country.

In addition, the workshop focused on collective bargaining. The ILO states that “… combined with strong freedom of association, sound collective bargaining practices ensure that employers and workers have an equal voice in negotiations and that the outcomes of such negotiations are fair and equitable.”

Collective bargaining allows both sides to negotiate a fair employment relationship and prevents costly labour disputes. Some research has indicated that countries with highly coordinated collective bargaining processes tend to have less inequality in wages, lower and less persistent unemployment, and fewer and shorter strikes than countries where collective bargaining is less established.

The most common causes of disputes as well as the different approaches to manage conflict and resolve them were also put on the spotlight, with specific focus on the most effective approach to arrive at amicable resolutions.

Participants in the workshop were equipped with identifying the stages of positional bargaining and its impact on relationships within the workplace. Skills related to the administration of the process, the building and management of relationships with the parties and the understanding of the identified issues were emphasized.

Participants explored good use of different techniques including reframing and extracting needs, the use of questions and identification of options as well as the importance of brainstorming. They also explored how to manage their own emotions and responding effectively to the emotions of the other side. About 38 participants were present at the workshop representing government, employers and workers organizations.