Retrenched Kenyan Worker Speaks

++++++++++++++++++++++++++++++++++++++++++++++ KENYA SOCIALIST DEMOCRATIC ALLIANCE (KSDA) Website: http://www.kenyasocialist.org ++++++++++++++++++++++++++++++++++++++++++++++ Retrenched Kenyan Worker Speaks http://kenyasocialist.org/kswsfiles/retrenchedworkerspeaks.html -------------------------------------------------------------------------- May 6 2003 KSDA has made contact with a retrenched worker resident in the Coastal city of Mombasa who is part of a wider community of 2,000 retrenched workers in Kenya struggling collectively to get their case heard by the new Narc government. According to reports, the situation is very difficult as the new government is not responding to the plight of the workers who are currently undergoing untold human suffering as a result of loss of income. Families are unable to meet their daily needs while the future of the retrenchees is bleak. Here, we publish the view of Mr. F.M. Mureithi who writes about the circumstances that led to the retrenchment of the Civil Aviation workers. Nickolas Ochieng KSDA Information Desk --------------------------------------------------------------------------------------------------------------------------------------------------------- HISTORICAL SEQUENCE OF THE 2002 INDUSTRIAL ACTION BY CIVIL AVIATION WORKERS The Civil Aviation Industry is an industry which is as sensitive as it is unique. Indeed, the International Labour Organisation - ILO (vis-à-vis ILO report of may 1997) unanimously recognizes this fact. In its observations regarding the Industry, ILO has, in the past, made deep and sweeping recommendations regarding industrial relations and remuneration. These are two fundamental issues on which the 2002 industrial action by Directorate of Civil Aviation (DCA) workers were based. Agitation for better remuneration and improved staff welfare has been going on since 1979. During the 1992 industrial action and subsequently in 1996, the industry realized enormous losses. However, the issues raised by workers gained more prominence and sympathy. For the first time the government acknowledged that there was need to address (or consider) the workers’ demands. A consensus was reached that the only way to build a high worker morale and to cope with the dynamics of the industry was to delink the Directorate of Civil Aviation (DCA) from the mainstream Civil service. This was the conclusion by the Directorate of Personal Management (DPM), Public Service Commission (PSC), Office of the President (OP), Ministry of Transport and Communication (MOTC) and (DCA). The authorities agreed to put into immediate motion the process and modalities that would culminate in an autonomous body for the Aviation workers that would have the mandate to run the affairs of DCA. Immediately there after, optimism, anxiety and excitement rent the air in unmeasurable dimensions within the DCA fraternity. Indeed surgical changes were promised by the DCA throne, changes that were scheduled to take effect as early as 1997. This was never to be and the Director of DCA persistently but positively postponed his promises. As pressure mounted, the Director, in collaboration with the government, embarked on a divide and rule policy in a bid to arrest any possible universal revolt against him as a result of persistent demands that a new DCA body be formed. This did not work. As tension mounted, the government directed in 2001 that all civil servants occupying government houses start paying rent at market rates with effect from July of that year. The same year (2001), the DCA Director made frantic efforts to arrest an intended industrial action in June. In his plea, the Director emphatically stated that the autonomy of DCA would be granted in January 2002. He called for calm, patience and professionalism, which the workers reluctantly heeded. In January 2002, two things happened that were later to leave a permanent mark on the lives of workers. First, the housed workers started receiving negative salaries as a result of deductions in arrears of revised house rents (market rates). It transpired that most of the workers (suddenly) were living in houses that were rated well above their house allowances. In some cases, the rent had been hiked three times the market rates. This left so many people devastated and completely helpless. The irony was that earlier in 2001, the Director had promised that the government directive would not affect DCA workers. Secondly, the Director’s credibility as a sincere and honest person came into question. He had lied about everything – autonomy, house rent, efficiency, grabbed houses in Mombasa etc. Many workers felt that it was time for them to take action and let the whole world know that the Director could not be trusted anymore. Thus on 29th March 2002, a go slow began. Although the workers had not intended to down tools completely, the Director responded to the go slow by issuing a directive that all the 252 workers be kicked out. In downing their tools, one of the main demands put forward by the workers was the sacking of the Director whom they accused of mismanagement and corruption. In the days following the start of the go slow, 29 workers were arrested and charged in court – 7 in Mombasa, 1 in Eldoret and 21 in Nairobi. All the 29 were charged with breach of contract while 16 were further charged with the act of participating in an illegal assembly. Fortunately the courts dismissed all the cases. Meanwhile all the workers were dismissed after which they were allowed to make appeals against their sacking. In August 2002, 181 workers were recalled to work while 71 were left out. These 71 were asked to make and present second appeals to the Public Service Commission (PSC) in accordance with the PSC Act. This was done within two months by almost all the affected workers. Unfortunately these letters were procedurally supposed to be forwarded to the PSC through the DCA and MOTC. We have reliable information that the letters were deliberately held at the MOTC headquarters where they delayed until the 13th January 2003 when the new Minister of Transport and Communication queried their position. This is to say that it has taken more than six months for the letters to move from DCA to PSC. The irony of the matter is that no plausible reason exists as to why the 71 workers were left out. Neither is anyone ready to explain the kind of criteria that was was used in selecting workers back to work. You will recall that teachers who do essential services went on strike for 28 days but none of them was sacked. Why the sacking of DCA Personnel? The staff were fighting for the creation of an independent body. The Director has fought tooth and nail to head the delinked organization that he was opposed. Does the Director General have powers to head a new organisation that was being proposed by workers he had been frustrating? Indeed the evidence available lend proof to the fact that our grievances were very genuine. In a letter (dated 1.4.02) addressed to the divisional heads and officers in charge, the Director outlined his plan of action geared, to among others things, tackling the workers’ demands. Isn't it hypocritical therefore as well as a demonstration of insincerity for the Director and the authorities to act irrationally by locking other workers out of work. Further to that, there has been no consideration of human rights entitlement to the 71 workers because none of them has received any salary or any form of assistance since April 2002. Twelve of them are women and nearly half of these women have small babies to tend. The psychological torture of the mother passed over to the child is inhuman and irreparable. Families have undergone psychological and physiological harassment as a result of the drastic adjustments due to lack of income. We uphold that the attitude and stand taken by DCA, MOTC and PSC is too punitive. It is based on the premise that all dissent, including constructive dissent, should be gagged. It also has intent on encroaching on the right and privileges of workers to ask what is lawfully theirs. And while we agitate (politically) for more individual rights in this country, the labour rights are being infringed upon and overlooked. A recent example is the EPZ case, which is basically similar to our own example. Where then, do we move to from here? Where are the rights of the worker? Does the suffering experienced by the ex-workers and their families anything to be considered vis-à-vis the human rights? On the contrary we (former DCA workers) on behalf of all workers discriminated against and sacked demand for all considerations in the human and workers’ rights. We demand that we be reinstated and compensated for loss of income by the new Narc government because our sacking was unjustified, instigated and illegal. We appeal to local and International workers, Trade Unions, Human Rights organisations and all progressive forces to show solidarity with our struggle for the right to work and the fight against illegal and mass retrenchments which have left us and members of our families devastated, helpless and starving. Truth and justice must prevail. F. M. Mureithi Dismissed DCA Worker ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ KSDA is a revolutionary Socialist Alliance which fights for Socialism in Kenya and the World. The Alliance believes that the fundamental social, economic and political crisis facing Kenya today requires a democratic Socialist revolution with Kenyan working class taking a leading role in the struggle. The Alliance advocates for the formation of a Workers' Party in Kenya and the abolition of capitalism in the country. Contacts: KSDA Box 74, 123 22 Farsta, Sweden. website: http://www.kenyasocialist.org. Tel: 00 46 736533068. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++