Central Organization of Trade Unions - Kenya. COTU(K)

"Promoting the Social, Economic, Political and other Interests of the Kenyan Workers"

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The entire Statement delivered by Bro. Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), during the Plenary Discussions on the report of the Director-General and Chairman of the Governing Body on - ILO Programme Implementation 2008 - 2009 in Geneva, Switzerland, 10th June, 2008:

Mr. President, allow me to thank you most sincerely for giving me the floor to make this statement.

On behalf of the Kenyan Workers  and on my own behalf, I wish to welcome the Director General’s Report which provides a comprehensive overview of ILO performance and programme implementation for the Biennium 2006 – 2007.

While the Report is no doubt much longer than previous reports, it provides a much better picture of the organization of work for the period under review; thus making it more accessible for Delegates to offer informed decisions and policy guidance to the organization.

The continued integration of Decent Work into the work of multilateral agencies and regional groupings is welcome because it helps spread the gospel to more members besides bringing on board more resources to help and achieve the agendas goals.

In this regard the organization’s efforts to achieve greater policy coherence and increase support for Decent Work Agenda within Continental, Regional and National development strategies including improvement in the area of indicators and reporting mechanism will be critical to the initiatives’ success.

Mr. President, while the reporting framework using the integrated resource information system has improved on quality and depth of the report, we agree with the report’s observation that there is need to sharpen indicators to make them more measurable, strengthen outcomes and better use of the evaluation tools.

With regard to resource use, my Delegation notes that, just like in the previous Biennium, the bulk of resources for technical cooperation programmes have continued to come from donors as opposed to the regular budget. 

While this is appreciated, we feel it may not be sustainable in the long run, something which may jeopardize the achievement of the objective.

We also note that, although standards and fundamental principles and rights at work recorded a reduction of funding in the Biennium, overall, the objective received most funds, a trend which continued for sometime now.

We feel that, rising unemployment, income inequality and poverty which have been exacerbated by increased globalization, soaring oil prices and food shortage, calls for the organization to redirect more resources to strategic objectives No. 2 and 4.

Employment creation needs to be made the central objectives of macro-economic policies especially in the so called developing countries if we are to realize a shared and inclusive growth across all those who are involved in the production process.

However, for this to happen, we need to have strong workers’ organization, able to influence socio-economic and governance policies in their countries.  This must also be complemented by existence of developed institutions of social dialogue

Mr. President, my country has just emerged from the Post Election violence following the disputed December 2007 elections. 

While we acknowledge that the flawed electoral process was to blame for the chaos, we know that the main underlying causes of escalation of violence had to do with widespread inequality, unemployment and poverty among the labour force. 

These decent work deficits have persisted despite the economy registering an impressive 7% GDP growth in 2007.  This phenomenon of imbalanced growth is unacceptable.

If we have to build stable and peaceful nations, our experience should serve as an example to others on the need to foster a shared and inclusive growth.

Fellow delegates, our recently enacted labour laws whose review was financially and technically supported by the ILO have gone along way to engender equity and fairness in labour relations. 

However, a clique of non-actors in industrial relations who include among others the law society of Kenya (LSK) and Kenya Association of manufactures (KAM) have taken upon themselves to frustrate the implementation of these laws on grounds of alleged constitutional contradictions.

Mr. President, these are mere smoke-screens and the fear among those opposing the New Labour Laws is the loss of opportunities for exploiting workers which existed under the now repealed laws.

It is in this content that, we are appealing to the organization to avail further financial and technical assistance to help and ensure that the implementation of these laws is not derailed by these self-seeking organizations.

In the meantime we have called on some of our social partners who have also expressed some displeasure with some of the provisions of the laws to follow known channels of dialogue rather than confrontation to address such concerns.

This notwithstanding, the fact is that most of those opposing the laws were fully represented and participated in all stages of the review process.

I Thank you.

The entire Labour Day Speech by Francis Atwoli, MBS, Secretary General of Central Organisation of Trade Union, COTU (K), held in Nairobi, at Uhuru Park Grounds on 1st May, 2008:

Your Excellency, Hon. Mwai Kibaki, C.G.H., M.P., The President of the Republic of Kenya and Commander-in-Chief of the Armed Forces;

Your Excellency, Hon. Eng.Raila Odinga, E.G.H., M.P., The Prime Minister;

Your Excellency, Hon. Kalonzo Musyoka, E.G.H., M.P., The Vice President of The Republic of Kenya;

Honourable Ministers;

Hon. John Kiyonga Munyes, EGH, M.P., Minister of Labour;

Assistant Ministers;

Honourable Members of Parliament;

Your Excellencies the Ambassadors;

Honourable Judges;

Judges of the Industrial Court;

Your Worship the Mayor of Nairobi, Cllr. Geoffrey Majiwa;

Permanent Secretaries;

Ms. Beatrice Naliaka Wasike, Permanent Secretary, Ministry of Labour;

Brother Kwasi Adu-Amankwah, General Secretary of ITUC-Africa;

Brother Rick Hall, Regional Representative of American Centre for International Labour Solidarity;

Brother Patrick Obath, The Chairman, Federation of Kenya Employers;

Sister Jacqueline Mugo, Executive Director, Federation of Kenya Employers;

Sister Jane Mwangi, The Chairman, Board of Trustees, National Social Security Fund;

Sister Racheal Lumbasyo, The Managing Trustee, National Social Security Fund;

Senior Government Officials;

Parastatal CEOs;

Representatives of Global Union Federations;

Representatives of International Labour Organization;

Councillors;

Civil Servants;

The Executive Board and Officials of COTU (K);

Trade Union Leaders;

Distinguished Guests;

Brothers and Sisters;

On behalf of the entire Executive Board of COTU (K), the trade union fraternity in Kenya and on my own behalf l take this opportunity to welcome you all to this important International Workers Day, Labour Day of the year 2008.  

This day is an International event celebrated all over the world and we in Kenya are happy to join the rest of the working men and women world over in this celebration. 

Importance

The  day is an important one particularly for  the working people in the world and organized labour since it gives us an opportunity to reflect on our achievements and challenges over the past year and rededicate ourselves to the service of workers and Kenyans in general.

Thank His Excellency

I thank you your Excellency for accepting our invitation to be our Chief Guest during this important annual workers’ celebrations and taking time out of your busy schedule to be here with us.

Your Excellency, we are indeed privileged and honoured to have been the first organization to host you after the December elections together with the post-elections violence and the extensive and expensive negotiations that culminated into constituting a coalition government, a process that workers supported to its successive conclusion.

Elections and its Post Violence

Your Excellency, as workers we take the opportunity to congratulate both the party of National Unity, PNU and the Orange Democratic Movement, ODM for the sacrifice you both made in order to restore and facilitate the peace agreement under the able chairmanship of the former United Nations Secretary General His Excellency Dr.Koffi Annan that has since seen this country emerge from a political and governance crisis to a new coalition and acceptable government .

The unprecedented events soon after the last December General Elections were unique and presented a situation never witnessed in Kenya since Independence where over 200 workers were among the more than  1000 Kenyans who lost their lives and 500,000 workers displaced from their various places of work.

Your Excellency, it is unfortunate that some of the employers have seized this opportunity to totally refuse re-engaging these displaced workers and even a section of them went further to organize terror using a few hired goons particularly in the Agricultural sector to cause mayhem to workers willing to resume their duties (particularly the multinationals and other Tea Companies around Kericho).

Bearing in mind Your Excellency that  nobody was prepared for such a magnitude of violence as all Kenyans have lived in peace over the years, we urge employers not to use this opportunity to retrench, apply redundancy or re-structure their enterprises  without involving the trade unions. This will not be in good faith.

We as workers hope and trust that as we look forward to our national constitutional review process, it is my believe that in future, we must critically narrow down to an area of elections vis-à-vis democracy in Africa when crafting our constitution.

Democracy that embraces upon our own traditions, culture and reality which clearly bears a reflection of what has taken place in Kenya before and after Independence politically, socially and economically might create a big departure from what we recently witnessed.  

Your Excellency, these skirmishes dealt a blow to our economy which was experiencing accelerated growth of over 7.1% due to your government’s prudent, fiscal and monetary policy management including accurate revenue collection by the government allowing the government to finance its national budget for both recurrent and development expenditure by 95%.

Recognition of Veteran Trade Unionists

Your Excellency, we take this opportunity once again to thank you most sincerely for  what you exhibited to workers last year by recognizing veteran trade unionists for their roles and contribution made in the nation building and their historical participation in the fight for our country’s Independence, economic development and industrial relations stability.

Besides, Your Excellency, this year you have also gone further to recognize our role as workers in support of the dialogue process in the wake of the post-elections violence and reconstitution of the coalition government.

Since the independence of this country, you are the first President to recognize the workers’ role in this area by awarding the following trade unionists with various Titles of Honour:

Bro. Francis Atwoli

Bro. James Dennis Akumu

Bro. Bonface Munyao

Bro. Joseph Nyabiya Onchonga

Bro. Francis Muiruri Ng’ang’a

Bro. Were Dibo Ogutu

Bro. Rev. Joel Kandie Chebii

As well as those who have since left us in the struggle:

Bro. Stephen Kioni

Bro. Juma Boy

We thank you.

Tom Mboya Labour College

Your Excellency, workers education is a key to the industrial relations stability and Kenya boasts of properly trained industrial relations practitioners both in the government and the private including the Trade Unionists assembled here today.

Creating capacity among trade union leaders will be an added advantage for our country in having a responsible locally and internationally respected labour leaders.

Your Excellency, workers do not practice mass action. We  have our own weapon entrenched in our statutes called strike and Your Excellency, strike is more stronger than mass action and without well-trained and focused labour leaders, this weapon can be dangerous if wrongly used and can make the country come to a stand-still.

It is on this note that during the last year’s Labour Day Celebration, we requested your government for financial assistance to put up an ultra-modern resource centre at the Tom Mboya Labour College, Kisumu.

We are very grateful that this request was accepted by your government by allocating funds towards this worthy cause in the 2007/2008 budgetary allocation and I am happy to report that the contractor is now on site and we hope and trust that the same will be reflected in this year’s national budgetary allocation to support this noble cause.

Further,  you are aware of your government’s new  policy on training of civil servants, which directs that workshops and seminars  must  be conducted in educational institutions and not in  hotels, and as we echo and support the government in this direction, we believe this college will serve as a pointer to government, employers, workers, International Labour Organization and International Trade Union Confederation and on behalf of the Kenyan workers we thank you.

Your Excellency, your government now joins other governments in Africa like Egypt, Sudan, Eritrea in partnership with Italian Trade Union Movement, Ethiopia, South Africa, China, Vietnam, Italy, United Kingdom, Germany, France and the United States of America in supporting workers’ activities and educational projects through the trade unions.

We now appeal to those involved in the implementation of this exercise from the ministries of Labour and Public Works including ourselves we must strive to make sure that this institution is build and completed in time for your official commissioning. 

New Labour Laws

Your Excellency, one of the greatest achievements that Kenyan workers are celebrating today is the review of the new Labour Laws from the archaic colonial Labour Laws and Your Excellency we support the 9th parliament for these Labour Laws just as we expect the current 10th parliament to protect what we achieved through your government in the name of the new Labour Laws.

I humbly take this opportunity to thank all our honourable members of Parliament across the political divide during the last Parliament for taking this bold move in passing these Bills and specifically yourself for Assenting to these important new sets of Labour Laws.

Your Excellency, this shows the attachment you personally hold for the Kenyan workers and on their behalf, please accept our kind appreciations.

Your Excellency, your government formed a task force with the support of the International Labour Organization, ILO, and this task force was through tripartism arrangement as required by the ILO Convention No. 144 solely to review our Labour Laws.

It is disturbing  to see the employers reneging on what they themselves supported and commissioned.

Further, this was intended to domesticate the International Labour Standards practices world over into our statutes.

In any case, Your Excellency, these laws are a replica of the various International Labour Organization’s Conventions practiced and accepted elsewhere in the world.

Your Excellency, for example Convention 183 on Maternity Protection provides for a 14 weeks Maternity Leave yet the 9th Parliament as per the recommendations of the task force gave our female workers 12 weeks against what is practiced and respected all over the world by most member states to the  international Labour organization that have  ratified and domesticated this convention. 

Such  countries include Albania, Austria, Cyprus, Cape Verde, Barbados, Seychelles, Norway, Tanzania, Malaysia, Singapore, Japan, United Kingdom, Rwanda, Sudan, Egypt, Mauritius, Tunisia, and Eritrea among others.

For instance, Your Excellency, a country like Sudan, with an even smaller economy, Maternity leave is 12 months with full pay. 

Your Excellency, Kenya as a key member of the ILO and a strategic economy in the region is bound to ratify relevant ILO Conventions and we have had an opportunity to serve in the ILO Governing Body and even this year we are proposed to seek for a new position and to exhibit the same, we should take lead in supporting relevant ILO Conventions and move away from what employers want Kenyans to believe.

We appeal to the 10th Parliament not to succumb to any pressure from employers who are calling for the repeal to these new laws even before they are tested. 

Formulation of Various Economic Policies

As workers Your Excellency, we appeal to your government to urgently formulate: 

1. Income and wage policy:-

To guarantee better standards of living and decent work. 

2. Investment policy:-

This will create checks and balances and the movement of both direct and indirect investment including transitional and multinational investors for the purpose of curbing exploitation of both workers through unfair labour practices and non-remittance of taxes. 

3. Local Authorities policy:-

To guarantee clean cities and the creation of barons that will see close administration applied to ensure international standards of cleanliness and security for both international visitors, local residence and business community. 

4.Transport policy:-

That will ensure city commuters mostly workers are not left at the mercy of matatu touts and other gangs that have taken over public transport industry. The same will see the provision of modern transport facilities comparable to both developed and developing countries restoring sanity in our transport system.

We appeal as workers to Your Excellency to once again give Hon. John Michuki an opportunity to accomplish what is now known as the Michuki rules that he himself started. 

5. New Education Policy:-

That will control the Kenya National Examination Council, KNEC from releasing unverified and unacceptable Examination results which has eroded the confidence of Kenyans in our education system.

The same policy will check on the parallel degree programmes at our Universities with a view to ensuring that they are accessible and affordable to the poor and workers’ children. 

6.Health and Medical Service delivery policy:-

With a view of ensuring that all public hospitals are kept extremely clean and no sharing of beds by patients; hospitals are adequately staffed and equipped with drugs and facilities for our people.

7. Agricultural policy:-

The government must make sure that we have a comprehensive Land and Agricultural policy that reflects equity and addresses genuine land ownership.

8. Communication policy:-

To allow people have access to easy and cheap communication.

Productivity Centre of Kenya

Your Excellency, l call upon the government to support the productivity Centre of Kenya in order to promote productivity that addresses all factors of Production.

The Productivity Centre of Kenya should promote technological transfer and modernize our industrial technology to match other manufacturing and exporting countries in the world and hence stop the massive importation of finished goods in the country. 

Infrastructural Development

Your Excellency, last year we requested the government to improve our dilapidated road network.

We are happy to note that great improvement has already been undertaken by the government particularly on the Nairobi-Naivasha-Gilgil-Nakuru Highway.

However, much work is required to save the stretch from Nakuru-Kericho-Kisumu and Eldoret-Malaba roads that now demands immediate attention considering that this is part of the Northern Corridor linking  various economies in the region.

While we thank the government for its commitment to improve the country’s infrastructure, we call for the expansion and upgrading of the Kisumu Airport as the current run-way cannot sustain and absorb the increased traffic at the airport which now serves Uganda, Tanzania besides Western Kenya; Your Excellency, last year we appealed to you for the same expansion and upgrading of this strategic airport in Western Kenya.

The Police Force

Your Excellency, in our last year’s Labour Day Celebration’s, we requested your government to consider payment of risk allowance to our Police officers involved in dangerous and risky assignment in the course of their duties.

We are happy that Your Excellency you have since responded positively to this request and we thank you as we believe that this will go along way by motivating these officers for continued and improved performance.

However, we requested that the Police Force be unionized in order to have a Collective Bargaining Agreement as a document that spells out their terms and conditions of service and emphasizes on their essential services.

Your Excellency, let me take this opportunity to thank my colleagues and brothers, the National General Secretaries of unions affiliated to COTU (K) for concluding wonderful Collective Bargaining Agreements for the year 2007/2008.

A total of 546 Collective Bargaining Agreements were signed giving unionisable workers wage compensation of between 12% and 40% depending on the ability to pay by sectors and Enterprises. This compensation which was in accordance with the cost of living indices translated into approximately 2.8 billion Kenya Shillings in compensation for the years under review for both lower and upper income groups.

We urge those workers that do not belong to a trade union to join the trade unions so as to benefit from negotiated Collective Bargaining Agreements. However, for those who are reluctant to join the union the New Labour Laws have provided for the payment of agency fee by non members who benefit from the services provided by trade unions.

Your Excellency, the rest of the matters relating to wages and terms of conditions of work particularly the retention of minimum wage it is in your hands to decide.

In Conclusion

It is now my duty and pleasure to invite our honourable Minister for Labour and Human Resource Development to speak to us and invite you.

Thank you.

The Danish International Development Agency Business Support Programme, Sensitization Workshop on COTU (K) Strategic Plan New Labour Laws, held in Nairobi, Kenya at Silver Springs Hotel between 17th - 19th March, 2008:

The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K)

To all General Secretaries Present,

Our Consultants for the BSPS Program,

Brothers and sisters,

It is a great pleasure for me to preside over the opening of this strategic workshop on the Danida Business Sector Programme Support that aims to carry out a post-mortem of our Strategic Plan and more importantly give us a critical overview of the newly enacted Labour Laws.

Brothers and sisters, the road to the enactment of the New Labour Laws has been a bumpy one.

The continued existence of the previous archaic colonial Labour Laws four decades after our independence remained the single greatest injustice meted against the Kenyan workers.

This prompted the Central Organization of Trade Unions, COTU (K) to initiate the move and led a tripartite delegation together with the  FKE and the government to the ILO for purposes of seeking funds to review these archaic Labour Laws.

The ILO’s positive response to this request saw the government in May 2001 appoint a tripartite taskforce with the mandate to examine and review all the Labour Laws and make recommendations for appropriate legislation to replace our Labour Law statutes and also submit proposals on reforms to ensure they are consistent with the conventions and recommendations of the ILO.

This was a momentous period for us as the taskforce under the able leadership and guidance of its Chairman Justice (Rtd) Saeed Cockar proceeded on to discharge this noble duty and handed over its work to the Attorney General in April 2004.

Let me take this opportunity again to recognize the important role played by the taskforce particularly the immense contribution by COTU (K) representatives of Bro. Rajabu Mwondi, The Chairman General, Bro. George Muchai, Deputy Secretary General and Bro. Isaiah Kubai our Executive Board member accompanied by the Organization’s Lawyer Sis. Judith Guserwa as well as our counterparts from FKE and the team of legal experts.

However, this was far from over.  COTU (K) had once more to put up aspirited fight to see that the resultant Bills are presented to parliament for debate.

Further, upon presentation to parliament, we had to fight hard against any move to water-down the gains made in the laws and went on to attend several tripartite workshops organized by the office of the Clerk to the National Assembly where we remained firm on protecting clauses which in the employers views, were favouring workers.

It is apparent that the fight that COTU (K) put up to see the New Labour Laws enacted cannot be over emphasized.

We are all aware that we could not have all the 100% win as we strongly feel that there are some grey areas which need to be re-looked at for purposes of effectively addressing the many issues that dot the struggles that workers go through daily.

On the other hand we appreciate that our other social partners, the employers, also feel that some notable areas they wanted to achieve could not be achieved in the spirit of give and take.

However, as Key social partners, let us accept to share the spoils and not abuse the spirit of tripatism as reflected in the ILO Convention Number 144 on Tripartite Arrangement and not proceed on to the courts to be involved in the settlement of a matter we can comfortably handle amongst ourselves as social partners.

I am particularly not happy with the manner in which a section of employers have since behaved and reacted towards the implementation of these Laws particularly when we have a full fledged Ministry of Labour which though currently a Minister is yet to be appointed, has a very able Permanent Secretary who can competently regulate and arbitrate in such matters.

It was insincere on the part of some members of FKE to start calling for amendments to the New Labour Laws hardly a week after the President had assented to them and even going ahead to negatively portray these new laws to the public.

Against these odds, l am however glad with the unity of purpose and the Solidarity we have exhibited as leaders and the support you have continued to give the secretariat even at difficult of times when service to the Kenyan workers is needed.

COTU (K) will fight relentlessly to the hilt to ensure that the newly enacted Labour Laws remain intact and are not interfered with whether by FKE, any Employer or a section of individuals and no amount of pressure, persuasion nor campaign will deter our efforts to protect what we have fought to achieve.

Meanwhile l am informed that the post-elections violence that saw the country plunge into days of agony and deaths has seen a slight delay in this program’s activities but this will not deter us from moving ahead.

Already the application of our  Strategic Plan, which we will as well be discussing during this workshop, and modeled along COTU (K)’s is being extended to some of our affiliate unions and I urge those that are yet to start preparing one to do so as soon as possible.

We are all indebted to this program particularly within its three component areas on the Application and Development of Occupational Health and Safety Standards, Skills Development to match emerging Industry demands as well as the strengthening of Social Dialogue.

COTU (K) recognizes the Royal Danish Embassy support to the program and we remain graceful.

Last week we met the two consultants in the program both for COTU (K) and for the overall program and urged them as a matter of urgency to meet with DANIDA leadership who are funding the program to ensure that participants like General Secretaries who are Chief Executives of Unions  are considered for some allowances and we hope and trust that their meeting will be fruitful.

On this note, l now declare this workshop officially opened.

 Thank you.

 

The Eastern Africa Trade Union Confederation, EATUC Strategic Planning Meeting held in Arusha, Tanzania at New Safari Hotel between 19th - 20th February, 2008:

The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K)

Brother Makame L. Makame,    Secretary General of Zanzibar Trade   Union Congress, ZATUC

Brother Nestory K. Ngulla, Secretary General, Trade Union Congress of Tanzania, TUCTA ;

Sister Irene Kaboole, Deputy Chairman General,  National Trade Union of Uganda, NOTU

Brother Rajabu Mwondi, Chairman General, Central Organisation of Trade Unions, COTU (K)

Brother Emmanuel T. Nzunda, Executive Secretary, East Africa Trade Union Confederation, EATUC

Brother Karsten Fogde, LO-FTF Programme Advisor

Mr. Busso Von Alvensleben, GTZ Project Advisor

Brothers and Sisters,

It gives me great pleasure to warmly welcome all of you to this important strategic planning meeting for the East African Trade Union Confederation, EATUC and our Danish counterparts’ LO-FTF.

I particularly welcome Brother Karsten to Arusha as we look forward to our close collaboration and working together with you and your organization in strengthening the trade union movement in the region.

I would also like to recognize the presence of GTZ Project Advisor Bro. Busso Von Alvensleben whom I am informed has variously been involved with the business community and farmers’ associations in East Africa and I take this opportunity to welcome you to this trade union activity and we hope this is a good beginning for our cooperation with you and feel free to be part of us.

Indeed your attendance here today is a clear manifestation of your commitment to our collaboration in strengthening EATUC and the overall trade union movement in the region.

I further take this opportunity to thank the LO-FTF for having accepted to support the trade union movement in the region through its Regional Programme on Good Governance and Local Social Dialogue which was officially launched in November 2007.

As stipulated in the programme document, certainly this programme will have enormous contribution to the strengthening of trade union organisations in the entire East Africa region.

This event is one of the activities under the LO-FTF Programme and it is special in the sense that it underscores EATUC’s effort and commitment to improve and strengthen linkages that are necessary to ensure that EATUC activities are properly formulated and articulated so that the intended output will be realized in a coherent manner.

The noble objectives of this workshop will go a long way in enabling us to identify core activities, indicators as well as the direction.

In this regard I would like to call upon all participants in this workshop to openly share their insights and simply give their best in generating the desired output which can then be translated into an integrated, time-bound operational plan that might enable EATUC to have a clear direction in influencing the social dimensions of the East Africa Community’s regional integration. 

I would also like to encourage regular strategic planning sessions, which should be used to create a shared vision of the desired future and align the vision and EATUC’s activities to the trends in the environment in which it exists in connection with the LO-FTF project and other cooperating partners’ support and assistance.

In this context I would like to advise that the LO-FTF project be revised occasionally to accommodate and address new emerging challenges, developments and priorities just as strategic thinking should be embraced as a norm in EATUC and its affiliates’.

It is imperative to note here that strategic planning process should also be used to review the roles of EATUC vis-à-vis that of its affiliates as far as their participation in the East Africa Community regional integration process and to efficiently co-ordinate our interventions as we are engaging the community and its partner states in all issues related to labour and employment.

Brothers and Sisters, as we reflect on the challenges ahead of us, let us have genuine and focused discussions that will help us adopt a common and coherent approach in the strengthening of EATUC, and implementation of its programmes and activities.

In conclusion, I appeal to all national trade union centres to honour their commitments and pledges by contributing regularly to EATUC for its effective functioning and discharge of its duties to workers across the region.

I wish you fruitful discussions and now declare this meeting officially opened.

Thank You.

The Sustainable Development of Economy and Society, Decent Work and the Role of Trade Unions Forum, organised by All-China Trade Unions Federation, held in Beijing, China between 7th - 8th January, 2008:

The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Dear Delegates,

Brothers and Sisters,

SALUTATION

On behalf of all the working men and women in Eastern Africa, I extend fraternal greetings of solidarity to you especially the All-China Federation of Trade Unions. Let me start by thanking the All-China Federation of Trade Unions for hosting this important forum on Economic Globalization and Decent Work on the role of trade unions.

CHALLENGES OF ECONOMIC GLOBALIZATION

While globalization has created more trade and economic growth income imbalance, the gap has widened especially between the developed North and the less developed South.

Job security, casualization of employment, outsourcing of labour and privatization of state owned corporations have been driven by the forces of Globalization. Some governments have engaged in the appeasing of the developed nations under the guise of attracting foreign direct investment.

The quality of work created is very precarious leading to decent work deficit and poor working environment. The key beneficiaries of the Globalization process are the multinationals, which in some cases are more powerful than some sovereign states and they carry out business without corporate social responsibility.

Globalization has allowed the rapid growth of informal economy where the majority of workers have ended up. The informal economy has no formal structures and workers to a large extend are not organized as the labour laws are not applied in this type of economic arrangement.

It is the responsibility of the trade unions to intensify their campaigns for decent work and put pressure on the multinationals and governments to carry their corporate social responsibility as per the requirement of good governance in countries where they operate.

The trade unions should intensify trade union education and form Educators network to sensitize workers and build capacity for the trade unions world wide in order to engage employers and government in seeking alternatives to globalization and regional integration.

DECENT WORK FOR ALL WORKERS

In this era of Globalization the question of securing Decent Work for women and men everywhere still remains elusive to the trade union movement world wide. It is essential to share amongst trade unions and people’s families including communities in every society; and at all levels of Development. Decent Work is a global demand today, confronting political labour and business leadership world wide.

Decent Work sums up the aspirations of people in their working lives. It involves opportunities for work at the workplace and social protection for families, better prospects for personal development and social integration freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equal opportunity and treatment for all women and men.

Decent Work is central in efforts to reduce poverty as a means of achieving equitable inclusive and sustainable development.

Promoting decent work is a shared responsibility of workers’ employers and governments.

THE ROLE OF TRADE UNIONS

Trade Unions have been known to fight for equality and social justice. We therefore call upon Governments together with trade unions to mobilize their energy and resources in providing a platform for constructive consensus on social and economic policies.

NEO-LIBERAL POLICIES AND LABOUR STANDARDS

The reason for poor economic performance has been the pursuit of neo-liberal policies by most of the developing countries of whose dependant on these policies have finally paralyzed their economies.

Time has come for the world to respect homegrown policies that are relevant to each country’s needs.

The trade unions should put more pressure on multinationals to honour corporate social responsibilities. The multinationals and governments should also internalize the Core Labour Standards to guarantee the rights of workers.

The expanding informal economies should be stopped through policy measures and the creation of formalized economic policies to be put in place.

Finally, all trade agreements must include the International Labour Standards especially the Core ILO Conventions which must be respected by all the International Financial Institutions.

In conclusion let me say how happy I am to be part of this important forum and I believe resolutions passed at this meeting will go along way in creating decent work and contribute to sustainable development in clean environment and acceptable to all.

Thank you.

The Leadership Training Workshop,organised by ASCILS held at The Tom Mboya Labour College, Kisumu  on 13th November, 2007

The entire opening Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Representative of American Center for

International Labour Solidarity;

Sister Laundies Kisla;

Sister Susan Washington;

Bro. Dialla Tanuk;

Bro. Shawn Fivecoat;

Bro. Isaiah Kubai, COTU (K) Executive Board Member;

Bro. Francis Wangara, COTU (K) Executive Board Member;

The Principal of Tom Mboya Labour College;

Brothers and Sisters,

I take this opportunity on behalf of the Central Organisation of Trade Unions, COTU (K) Executive Board to cordially welcome you all to this important leadership workshop for Branch Secretaries.

We are opening this workshop today at a time when the challenges facing the trade union leadership across the world occasioned by globalization continue to weigh heavily on us.

The world today is witnessing an emergence of terminologies that remain the greatest impediment to the working men and women like Economic Reforms, Downsizing, Redundancies as well as Economic Partnership Agreements.

However, the power of trade unions here and elsewhere as agents of change and the voice of workers cannot be underestimated and it is against this background that COTU (K) as an alternative centre for national guidance has been the cradle of critical national policy thinking and direction.

We remain the only independent national centre in the country and as a credible organization, we will continue to regain our rightful place not only in the country but across the globe through building the capacity of our wider membership for substantive engagement with the rest of our social partners.

As trade union leaders we need to provide leadership and direction in national fronts for purposes of keeping unions relevant in this fast developing new global economy.

Brothers and Sisters, you are assembled here to be equipped in the areas of leadership skills, Administrative practices, develop an understanding on democracy and accountability issues, Industrial Relations, Labour Laws and Financial Management in unions so as to have the potential and ability to rise above many of the problems that face us.

COTU (K) is determined to build the capacity of its entire unions leadership through economic literacy and policy intervention as we seek to strengthen our organizational skills which remains key to the strengthening of the role of trade unions.

Leaders should develop strategies to organize and retain members and through our trade union structures, need to develop policies that will make our leadership effective and responsive to the emerging challenges.

We have just successively pushed through a new set of Labour Laws and as leaders we should take the lead in providing their contents to our general membership, as well as creating awareness.

Given the abundance of goodwill that do currently exist, this workshop provides a moment of opportunity to strategize ourselves and remain bold, resolute and authentic in the defense of democratic values, human and trade union rights and ensure that the voice of workers is heard loudly, clearly and penetratingly.

Brothers and Sisters through this training the interest and concerns of our members and the poorer sections of our society must exhibit itself in our active participation in all tripartite structures and in social dialogue.

Our priorities as unions today are to continue with the sensitization exercise for the new Labour Laws, put more of our members in paralegal training, recruitment and organization and the establishment of an educators’ network to build exchange on key issues affecting workers.

We are grateful to the American Centre for International Labour Solidarity, ACILS for their financial and material support towards this workshop together with their earlier support on Child Labour, Trafficking in Persons, HIV/Aids, Organisation and Recruitment and Paralegal training.

Finally I now take this opportunity to declare this workshop officially open.

Thank you.

The Opening of African Workers Participation in Development Programe (APADEP), held at The Silver Sprins Hotel Nairobi  on 5th November, 2007

Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Bro. Kwasi Adu Amankwah, Chairman;

General Secretaries from African Trade Union Centres;

Members of APADEP Educators Network;

Members of African Labour

Research Network; Representatives of Labour Colleges;

Representatives of FNV Mondiaal;

Representatives of Global

Research Network;

Invited Guests;

Brothers and Sisters,

On behalf of the Executive Board of Central Organization of Trade Unions, COTU (K)and on my own behalf, I take this opportunity to welcome you all to this important political leadership workshop.

Mr. Chairman, the challenges facing trade union Education in Africa are many. Trade Union Education has not been of priority to most of our national centres due to lack of funds.

Many centres do not have enough membership as a result there is lack of allocation of resources, both human and financial to ensure the sustainability of many of our educational performances and activities.

Among the challenges that have been identified facing Labour Education are:

Ø      Awareness creation;

Ø      Capacity Building of Trade Union Educators and leaders;

Ø      Adequate Resources and Funding;

Ø      Appropriate programme contents and methodologies;

Ø      Development of Educators Data base and networks and

Ø      Education Programmes sustainability.

 Mr. Chairman, I am happy to note here that the APADEP programme which has been in operation for more than twenty years has attempted in a way to address some of the numerous challenges facing Labour Education in Africa.

APADEP developed an Educators’ network since 2004 and the network has indeed made a difference in some of the countries represented here today.

The APADEP Educators network has attempted to link various educational programmes of the African Trade Union related to worker participation and workplace democracies that exist or have been developed to the various Trade Union national centres.

Chairman, I am aware that under the APADEP programme accredited programmes have also been developed between Labour Colleges and Universities. This is the case in South Africa, Ghana, Benin and Togo.

Chairman, today trade unions and their education programme cannot ignore the consequences of economic globalization on workplace issues such as demand for decent work, the fight against HIV/Aids, discrimination in employment, exploitation of migrant workers, the informal economy, occupational health and safety and violation of trade union rights.

Education programmes, fellow participants have to assist workers’ representatives in handling complex negotiations on economic integration processes, poverty reduction strategies, debt reduction and good governance. In this regard therefore it is important to establish synergy between workers education and research.

Mr. Chairman, I am glad that the members of African Labour Research network have been invited to this forum to chart a way forward in fostering closer collaboration between Labour Education and Research in Africa. I am aware that the Global Union Research Network has also been invited to foster closer links with the APADEP programme.

COTU (K) has participated in APADEP activities since 2004. COTU (K) which is the APADEP focal point for East Africa ran Educators workshop in July this year. COTU (K) is in the process of finalizing the arrangements to start a collaboration with Masinde Muliro University to run accredited programmes between Tom Mboya Labour College and the University.

Mr. Chairman, I believe that this political leadership workshop will come up with a way forward especially regarding future sustainability of Labour Education and Research in Africa. Currently the APADEP programme has been sponsored by the FNV Modiaal of Netherlands.

It is important that we in the political leadership of trade unions in Africa make commitment to the programme and trade union research development.

 In conclusion let me once again thank the co-coordinators of the programme for organizing this workshop in Kenya and inviting eminent trade unionists from our continent to map out future strategies of re-energizing Labour Education and Labour Research in Africa.

 We at the same time thank FNV Mondiaal for the support of the APADEP programme and we believe that this partnership will continue as the programme has given trade union leaders opportunities in life long learning and exposure to global trends and the impact on workers welfare.

 With these few remarks I wish you fruitful deliberations that will strengthen labour education and labour research in Africa.

 Thank you.

The Luncheon to Celebrate Award on Recognition of Reforms in Kenya, held at The Hotel Inter-Continental, Nairobi  on 17th October, 2007

Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Hon. Amos Kimunya, E.G.H, M.P., Minister of Finance;

Hon. Henry Obwocha, EGH, M.P., Minister of Planning & National Development;

Hon. Peter Kenneth, M.P., Assistant Minister for Finance;

Mr. Joseph Kinyua, CBS, Permanent Secretary, Treasury;

Dr. Edward Sambili, Permanent Secretary, Ministry of Planning;

Invited Guests;

Brothers and Sisters,

I take this opportunity on behalf of the Central Organisation of Trade Unions, COTU (K)’s Executive Board and its general membership of Workers to thank the organizers of this important celebration for the invitation you have extended to us.

At the onset allow me to thank the Kenya Government for its Economic Recovery Strategy that has yielded the much needed results we are celebrating today and earned the country recognition in the world of money makers.

It is the current steady economic growth attributed to the stable macroeconomic environment in the country and prudent fiscal and monetary management witnessed over the last four-and-a-half years that we are gathered here to celebrate this Global International Award as one of the top reforming countries with ease of doing business in Africa and globally.

And while celebrating this achievement, there should be a deliberate system in place to allow for this improved economic growth to trickle down and be felt by the common mwananchi.

Further we at COTU (K) are happy that the vision 2030 was launched and now the first 5 year medium term plan 2008 – 2012 has been prepared.

We are confident that the vision 2030 that is build on the three pillars namely economic social and political would be the driving force of our future development as a nation.

At COTU (K), we were the first people to come up with data indicating that due to the robust economic performance that  the country was enjoying, we had eased pressure on both local and international borrowing by 29% and this was occasioned by the prudent monetary measures put in place by the government, including the widening of the revenue collection bracket and proper financial and fiscal management with the collected revenue being apportioned to variously indebted projects.

COTU (K) strongly feels that as we seek for these changes within our economy to trickle down, the country will be in a position to create more employment for our people and at the same time, we embrace upon our politicians to avoid reckless and sensational statements that will only help in scaring away investors and jeopardizing the existing political stability.

Lastly, I urge all of us to remain patriotic to our nation irrespective of our diverse political difference and ethnicity.

 Thank you.

 

The Closing of The Chief-Shopstewards Training held at The Tom Mboya Labour College, Kisumu  on 22nd September, 2007

Closing Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K),

Bro. Rajabu W. Mwondi, Chairman General, COTU (K);

Bro. Cornelius Ogutu, Treasurer General, COTU (K);

The Principal of Tom Mboya Labour College;

Brothers and Sisters,

It gives me great pleasure on behalf of the entire Central Organisation of Trade Unions, COTU (K) leadership to join you as we come to the close of our trainings have been running from August the 13th this year.

I want to pay my personal tribute to all our Chief Shopstewards together with our resource persons for their dedication and commitment to the realization of an educated, knowledgeable and informed trade union movement in this country.

The positive trends we have witnessed in the country’s Labour Movement in the last couple of years is a clear testimony to the fruits of the reforms that the entire leadership of COTU (K) embarked on upon its election to office in the year 2001.

Brothers and Sisters, I am personally taken aback and lost of words when I hear some people talking of initiating reforms in the labour movement at a time when we are now angling ourselves to engage constructively in global issues that pose a threat to the livelihoods of the working men and women. We tell them they are late!

COTU (K) reformed itself in 2001 through 2003 and with a modern and responsive leadership to the workers needs we embarked on a policy of educating and training our members right from the shop-floor level to the top where we have gone further to send out leaders for trainings overseas, a move that has witnessed a leadership buried in ignorance being eroded.

The refurbishing of both the COTU (K) headquarters and the Tom Mboya Labour College where we are today and which is our main training centre went a long way in enhancing our training capacity and for anyone to talk about reforms, he can be likened to an individual who is stranded in terms of ideas.

Brothers and Sisters, I however commend all the Kenyan Workers particularly their leaders for their foresight and continued support for their cause and sustained efforts and hard work that has seen this country record a steady improvement in our economic performance.

The impending challenges posed by a world pegged on a global economy as well as terminologies like organizational restructuring necessitated by the equally fast changing global business environment that have been branded inevitable for enterprise growth and sustainability of employment opportunities need trained personnel for constructive engagement.

We are talking of an informal sector which remains unpredictable for unions to organize creating 418,000 new jobs constituting 87% of all the new jobs created compared to the 51,000 created in the modern sector for the year 2006.

This comes amid cries of precarious jobs in the sector and through these trainings; we should be able to understand the level of engagement through which this trend can be reversed.However, the development of an employment policy together with incomes and wages policy will, to a larger extend provide checks and balances currently witnessed in the informal sector.

The national wage policy will ensure wage earners get a reasonable share of the national product so as to promote a harmonious and just relationship between employers and workers in different sectors of the economy as opposed to the current trend where the government pursues the policy by issuing statutory minimum wages and negotiated wages.

 At the same time, I commend the unions for their efforts despite the lack of a national wage policy since the number of Collective Bargaining Agreements registered by our Industrial Court in 2006 was 344 compared to 275 in 2005, with the Agricultural Sector leading  in the number of registered Agreements with 91,513 unionizable employees benefiting from this increase compared to 59,455 in 2005.

It is my belief that through this training, the country’s labour movement is set to go a notch higher particularly in social dialogue with our social partners.

We are glad that in collaboration with the  government, are already set to put up an ultra-modern and multi-purpose resource centre at the college and its completion will witness a completely transformed modern education centre to adequately serve our workers.

We have the potential as workers in this country to raise above many of these challenges and even as we enter into the general elections, let us remain focused.

In this forward march, COTU (K) continues to be an alternative centre for national guidance and with the knowledge that we since acquired, our resolve to this cause remains.

Thank you as I wish you luck and solidarity at your various workplaces.

The Opening of the 23rd International Confederation of Free Trade Unions in the African Region Executive Board Meeting held at The Sarova Stanley Hotel, Nairobi on 12th September, 2007: The entire Remaks by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K), and Vice President of ICFTU-AFRO

Bro. Mody Guiro, The President of the International Confederation of Free Trade Unions, ICFTU-AFRO;

Bro. Andrew Kailembo, General Secretary of International Confederation of Free Trade Unions, ICFTU-AFRO;

Executive Board Members Present;

Brother and Sisters,

I take this great opportunity on behalf of the Executive Board of the Central Organisation of Trade Unions, COTU (K), and the entire Kenyan Workers to officially welcome you all to this 23rd International Confederation of Free Trade Union in the African Region, ICFTU-AFRO Executive Board Meeting.

Brothers and Sisters, the task before us is enormous. We have a duty during this historical meeting of the ICFTU-AFRO Executive Board to conclusively come up with resolutions based on the various agenda before us this morning.

The meeting is historical because it marks the last activity of the ICFTU-AFRO Executive Board and we have a duty as members of this important board to embrace structures and decisions that will form the foundation upon which the new found ITUC-UARO Organisation will stand.

This comes when the trade union movement on the entire African Continent is faced with several challenges ranging from globalization, HIV/Aids, unemployment as well as the ever increasing conditionalities as imposed by the international Financial Institutions whose impact has witnessed a steady decline in conditions of the working men and women.

We have witnessed jobs that are hitherto permanent being casualised, outsourced, sub-contracted and made seasonal as another challenge posed by Regional Economic Trade Agreements like Economic Partnership Agreements, EPAs continue to take toll on the workers.

However, we are glad to note here that the ICFTU-AFRO as a regional body spearheaded by the able leadership of this Executive Board has laid strategies to confront the foresaid challenges.

We believe that the reports that will be presented at this meeting will be a testimony to the big struggle that this regional organization has had to endure.

While we thank the affiliates for having supported the activities of this regional body through payment of the affiliation fee, we call upon all national centres to be prompt on the payment of these fee as it is the only source of revenue for running activities of our regional organisation.


As we move towards our unification in November, there is need for us to re-double our efforts in strengthening the trade union structures on the continent to play a more robust and active role in promoting social and economic well-being of the majority of workers on the continent.

Finally, I am obliged to also thank all those who have time and again accorded us financial support to run our activities.

Thank you.

The Chief Shopstewards Training held at Tom Mboya Labour College, Kisumu 13th August 2007: The entire Speech by Bro. Francis Atwoli, the Secretary General of the Central Organisation of Trade Unions, COTU (K).


Hon. Dr. Newton W. Kulundu, E.G.H, M.P., Minister for Labour and Human Resource Development;

Mr. Johnstone Kavuludi, H.S.C, Labour Commissioner, Ministry of Labour and Human Resource Development;

 Principal Tom Mboya Labour College;

 Mr. Ismael Noo, Chairman Board of Governors,Tom Mboya Labour College;

 Brothers and Sisters,

On behalf of the entire Executive Board of COTU (K), and on my own behalf I take this opportunity to welcome you all to this important Chief Shopstewards Seminar.

Mr. Minister, COTU (K) is indeed committed to imparting skills to its national leaders, branch officials, shopstewards and rank and file.

The situation in the workplace is changing and it is imperative for trade unions to equip their leaders and rank and file members with skills to confront the challenges of the working men and women today.

The neo-liberal policies that seek to deregulate the labour market have no regard for the rights of workers.  Privatization, outsourcing, casualization as well as seasonal employment has become the order of the day in many developing countries like Kenya.

It is our role as trade unionists to engage our government in social dialogue to confront unfair practices which are rampant in multinational companies and in Export Processing Zones.

Moreover, efforts should be made to formalize the informal sector where the working conditions are indeed precarious yet over 70% of working men and women are in this informal sector.

Historically, no country has developed with a large informal sector. It is my hope that the social partners will take advantage of the Decent Work Country Programme that is soon to be launched to organize the informal sector into viable sustainable enterprises where workers will be organized to fight for improvement in the working conditions.

Mr. Minister, today we are re-launching the Shopstewards courses and as you know a shopsteward is a key person in the workplace. A shopsteward is our contact person between the workers and the management at the shop floor and therefore he or she should be multiskilled to cope with the workplace challenges.

Mr. Minister, further a shopsteward is an advocate for rank and file workers, a leader, a grievance handler and organizer, a communicator, a negotiator, a counselor and an educator and therefore he should be multi-skilled to perform his/her role effectively.

Mr. Minister, this course is intended to sharpen the skills of shopstewards in playing the above mentioned roles. We in the trade union movement believe that an informed shopsteward is indeed a resource to both the trade union and the employer because they maintain industrial peace through social dialogue and are conversant with Industrial Relations and Labour Laws relating to dispute resolution.

The course will look at various aspects of Trade Union Education. The participants will be exposed to the reality at the workplace and how to use the acquired skills in confronting the challenges.

Mr. Minister, while we appreciate the efforts the government is making to review the Labour Laws the process has been too slow and we call upon the government to move with speed and enact the labor laws.

Mr. Minister, the Kenya economy has registered a growth of 6% but due to lack of wages and incomes policy the benefits from the improved economy have only benefited a few Kenyans. It is sad to hear our honourable members demand a pension of over 6 million yet over 20% of youth are unemployed and 46% of Kenyans are languishing in poverty.

We believe that it is a high time for the government to develop two important policies, namely:

Employment policy and incomes and wages policy to guarantee Justice and Equity to all Kenyans.

By equipping our shopstewards with skills COTU (K) is acting within our mandate to strengthen the trade union institution to engage both the government and the Employers Organisations.

Mr. Minister, as you are aware that this is an election year and COTU (K) will spend sometimes at the workshop on civic education to sensitize workers representatives of the trade union agenda and how to engage the political pattern before election.

Mr. Minister, we are grateful to the government for working with COTU (K) to develop Tom Mboya Labour College into a centre for excellence and a Resource Centre for workers education in the East African Region.

I thank you for agreeing to come and grace the occasion marking the re-launch of shopstewards seminars.

With these few remarks I wish you all fruitful seminar as you have well seasoned resource persons versed in trade union education.

Thank you.

The 96th Session of the International Labour Conference 30th May - 15th June 2007
The entire Statement of Bro. Francis Atwoli, MBS the Secretary General of the Central Organisation of Trade Unions, COTU (K) delivered on 11th June, 2007 during the Plenary Discussion on the Report of the Director General and Chairman of the Governing Body on Equality at Work: Tackling the Challenges:

Mr. President, allow me to first of all take this opportunity on behalf of the entire Kenyan Workers, members of my delegation and on my own behalf to congratulate you and members of your bureau on your well-deserved election to guide the deliberations of this conference. It is my sincere believe that, under your wise stewardship, this conference will succeed in its desired objectives.

Mr. President, we wish to commend the Director General of the ILO for his articulate and comprehensive global report on Equality at Work and how the resulting challenges can be tackled.

The Director General has pointed out the need for better enforcement of legislation against discrimination as well as non regulatory initiatives by governments and enterprises and equipping the social partners to be more effective in making equality a reality at the workplace.

Mr. President, the report has described at length the major advances in the struggle against discrimination including progress in ratification of related I.L.O Conventions as well as improvements on the national legal and institutional fronts, action plans and programmes to combat inequalities stemming from discrimination.

Mr. President, despite the advances made in the struggle against inequality, discrimination still persists in many work places in Kenya and Africa.

Apart from gender inequality, there exists many other forms of discrimination that include casualisation of employment, outsourcing, seasonal employment as well as sub-contracting of labour and serious disparities in the informal economy where the legal machinery hardly covers.

Together with the above mentioned unfair labour practices, there exists discrimination based on one’s HIV/Aids status.

Mr. President, globalization and the current economic reforms have made it difficult to address the challenge of equality at workplaces.

Many jobs that are otherwise permanent have been casualized and made seasonal in a bid to give employers flexibility to hire and fire workers indiscriminately.

We as workers are tired year in year out to be talking about casualisation, contractual, seasonal and casual employment across the world. We now need action and not words.

Casualization of employment is discriminatory because it denies workers access to social security like the National Social Security Fund, Pension Schemes, National Hospital Insurance Schemes and shelter. It does not guarantee job security and incomes for the workers and their families.

Many Employers Mr. President, especially the multinationals are engaged in outsourcing services there by discriminating against the workers outsourced as they are not entitled to the same terms as workers employed directly by such multinationals.

Mr. President, the informal economy in Kenya is rapidly expanding. It is a source of livelihood for the majority of workers in Kenya.

However, since the labour laws do not apply in this sector there exists inequality that range from gender to age discrimination. There is need to urgently address the informal sector with the aim of formalizing the sector and ensuring that anti-discriminatory policy measures apply in all sectors and the I.L.O. can ably fund governments towards this direction.

Mr. President, I agree with the Director General’s observation that discrimination is an insidious and shifting phenomenon that is difficult to quantify yet statistical information is needed to capture progress made in the elimination of discrimination.

Workers in Kenya through the Central Organisation of Trade Unions, COTU (K)’s Economic and Research Department have attempted to collect data based on worst forms of workers discrimination by the employers and we have supplied the same information to government and employers for action.

Further efforts are therefore required in collection of information on key indicators of discrimination for it to be tackled.

The Export Processing Zones which have been established on the advice of the World Bank and International Monetory Fund are workplaces where discrimination persists.

Cases of sexual harassment and abuse have been rampant in these Zones. Women workers are subjected to harassment by their managers who are reluctant to recognize the trade unions.

In Kenya, Police Officers still work in deplorable conditions and without freedom of association since they have been denied their right to form and belong to a trade union. We appeal to our government to allow Police Officers like other workers to form a trade union and this is an I.L.O issue.

Mr. President, it is unfortunate that many regional economic integration blocks and trade agreements do not address discrimination and inequality.

The East African Community has not embraced the inequality issues and the trade unions in the region have come up with a protocol on the free movement of persons, right to Residence and Employment as a response to the East African Community.

Further, although the East African Community has come up with a very impressive protocol on importation of new technology and technological changes, the community is opposed to any technology that can deny the East Africans creation of employment but the Kenya government has not acted fully on the issue of importation and practice of  Tea Plucking and Pruning Machines by Multinationals in Kenya which stands to deny Kenyans thousands of jobs.

Mr. President, We comm