University of Warwick institutional repository: http://go.warwick.ac.uk/wrap A Thesis Submitted for the Degree of PhD at the University of Warwick http://go.warwick.ac.uk/wrap/35613 This thesis is made available online and is protected by original copyright. Please scroll down to view the document itself. Please refer to the repository record for this item for information to help you to cite it. Our policy information is available from the repository home page. LAW, STATE AND WORKING CLASS ORGANISATION IN UGANDA: 1962-1987 by JOHN-JEAN BARYAHARWEGO BARYA LL.B (Hons), Makerere, Dip. L.P. (L.D.C), Kampala, LL.M, Warwick, Advocate of the High Court of Uganda. A thesis submitted to the Law School, University of Warwick, in fulfilment of the requirements for the Degree of Doctor of - Philosophy in Law. January 1990 • CONTENTS Page No. DEDICATION (1) ACKNOWLEDGEMENTS (ii) ABBREVIATIONS (iv) PRINCIPAL LEGISLATION CITED (vi) SUBSIDIARY LEGISLATION CITED (viii) CASES CITED (ix) TABLES (x) ABSTRACT (xi) GENERAL INTRODUCTION 1 CHAPTER I: LAW, STATE AND WORKING CLASS ORGANISATION 7 IN UGANDA - A THEORETICAL FRAMEWORK INTRODUCTION 1. THE SUBJECT-MATTER OF THE THESIS 2. RESEARCH ON WORKING CLASS ORGANISATION IN UGANDA 3. METHODOLOGY AND THEORETICAL PERSPECTIVE: HISTORICAL MATERIALISM AND LAW 4. SOME ANALYTICAL THEMES a) THE CHARACTER AND ROLE OF LAW b) LAW AND THE FORMATION OF TRADE UNION IDEOLOGY c) THE NATURE OF THE AFRICAN WORKING CLASS AND ITS ORGANISATION i) THE WORKING CLASS IN GENERAL ii) DEVELOPMENTALISM AND LABOUR ARISTOCRACY THESIS d) THE RELATIONSHIP BETWEEN TRIPARTISM AND TRADE UNION ECONOMISM NOTES Page No. CHAPTER II: THE LEGAL REGULATION OF WORKING CLASS 31 ORGANISATION - COLONIAL FOUNDATIONS 1937-1962 INTRODUCTION 1. SEMI-PROLETARIAN LABOUR AND THE BEGINNINGS OF ORGANISATION 1900-1945 a) SEMI-PROLETARIAN IMMIGRANT LABOUR AND LACK OF ORGANISATION b) INITIAL ORGANISATIONS 2) THE INTRODUCTION OF TRADE UNION LEGISLATION 1937-1952 a) TRADE UNION LAW - PHASE I: 1937-1943 b) THE 1945 GENERAL STRIKE AND ITS SIGNIFICANCE c) TRADE UNION LAW - PHASE II: 1949/50-1952 i) THE TRADE DISPUTES (ARBITRATION AND SETTLEMENT) ORDINANCE 1949 ii)THE TRADE UNIONS ORDINANCE 1952 - FREEDOM OF ASSOCIATION AND TRADE UNION RIGHTS - FORMS OF ORGANISATION, COMPULSORY REGISTRATION AND UNION LEADERSHIP - TRADE UNION CONSTITUTION, PROPERTY AND FUNDS 3. THE EARLY DEVELOPMENT OF TRADE UNIONS AND EMPLOYEES' ASSOCIATIONS 1945-1962 a) THE POLICY OF JOINT CONSULTATION b) THE DEVELOPMENT OF TRADE UNIONISM c) A PARTIAL APPLICATION OF THE LAW 4. TRADE UNIONISM AND NATIONALIST POLITICS CONCLUSION NOTES Page No. CHAPTER III: FROM INDEPENDENT TO STATE-CONTROLLED TRADE 100 UNION ORGANISATION 1962-1971 INTRODUCTION 1. THE PLACE OF WORKERS IN UGANDA'S POLITICAL ECONOMY 1962-1971 2. TRADE UNION FISSURE AND JOINT TRADE UNION AND POLITICAL MILITANCY (UFL AND UPC-YL): 1962-1964 a) THE SPLIT OF UTUC AND FORMATION OF UFL b) MILITANT POLITICAL UNIONISM AND THE ENACTMENT OF RESTRICTIVE INDUSTRIAL RELATIONS LEGISLATION 3. THE POST-COLONIAL LEGAL FRAMEWORK: RESTRICTING WORKERS' ORGANISATION a) THE INDUSTRIAL RELATIONS CHARTER 1964 b) THE TRADE DISPUTES (ARBITRATION AND SETTLEMENT) ACT 1964 c) THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT 1963 d) THE TRADE UNIONS ACT 1965 4. THE NEW INDUSTRIAL RELATIONS LEGAL FRAMEWORK IN PRACTICE: 1964-1971 a) THE NATURE OF TRADE UNIONISM i) INSTITUTIONALLY VIABLE UNIONS CREATED ii) IDEOLOGICAL AND LEADERSHIP STRUGGLES BETWEEN UTUC AND FUTU AND THE ROLE OF STATE INTERVENTION iii)TRADE UNION "UNITY": THE RISE AND FALL OF ULC iv) LACK OF DEMOCRACY IN THE TRADE UNION MOVEMENT b) TRADE DISPUTES, STRIKES AND INDUSTRIAL PEACE c) TRADE UNIONISM, DEVELOPMENTALISM AND THE LABOUR ARISTOCRACY THESIS 5. TRIPARTISM AND THE LAW-MAKING PROCESS 6. THE MOVE TO THE LEFT STRATEGY AND THE POLITICAL-LEGAL CONTROL OF TRADE UNIONS: 1968-1971 CONCLUSION NOTES Page No. CHAPTER IV: THE PERSISTENCE OF TRADE UNION ORGANISATION 197 UNDER STATE REPRESSION 1971-1979 INTRODUCTION 1. THE RE-EMERGENCE OF TRADE UNION AUTONOMY AND THE LIBERALISATION OF INDUSTRIAL RELATIONS LEGISLATION: 1971-1973/4 a) TRADE UNION AUTONOMY AND THE LIBERALISATION OF TRADE UNION LEGISLATION: 1971-1973 b) AMENDMENT OF THE TRADE DISPUTES ACT 1964: THE ROLE OF THE 1971-1973 STRIKES 2. LOW-PROFILE UNIONISM UNDER AMIN 1973/74-1979 a) TRADE UNIONS AND THE ECONOMIC WAR i) THE ECONOMIC WAR, INDUSTRIAL COLLAPSE AND ANTI-UNION INDUSTRIAL RELATIONS ii)THE RE-ORGANISATION OF TRADE UNIONS AND THE FORMATION OF NOTU b) THE "LIBERAL" INDUSTRIAL RELATIONS LEGAL FRAMEWORK IN PRACTICE i) UNION RIGHTS IN PRACTICE - GENERAL ii) THE MILITARISATION OF INDUSTRIAL RELATIONS: REPRESSION REPLACES LEGALITY iii)WEAK TRADE UNIONS, THE DIMUNITION OF COLLECTIVE BARGAINING AND THE DETERIORATION OF CONDITIONS OF LABOUR iv) DISPUTES AND STRIKES: THE DIMUNITION OF LEGAL DISPUTE SETTLEMENT PROCESSES 3. TRADE UNION EDUCATION, IDEOLOGY AND THE LAW 4. LAW REFORM AND THE INEFFECTIVENESS OF THE LCC CONCLUSION NOTES Page No. CHAPTER V: THE TRIUMPH OF AUTONOMOUS TRADE UNION ORGANISATION 263 OVER STATE INTERVENTION 1979-1987 INTRODUCTION 1. THE NATURE OF TRADE UNIONISM a) ATTEMPTS TO FORM A LABOUR PARTY AND THE ROLE OF ECONOMISM b) STATE VIOLATION OF TRADE UNION FREEDOM OF ASSOCIATION i) THE DIVISIVE STRATEGY OF THE UPC-OBOTE II REGIME ii) GOVERNMENT NEGATION OF UNION DEMOCRACY iii)REPRESSION OF UNION LEADERS AND WORKERS c) LEADERSHIP STRUGGLES, NEGATION OF DEMOCRACY AND WEAKENING OF UNIONS i) UTGWU ii) URWU 2. WORKERS' RESISTANCE TO EROSION OF LIVING STANDARDS: REDUNDANCY OF LAW a) THE ECONOMIC POSITION OF WORKERS AND THEIR RESISTANCE b) THE SUPPRESSION OF THE INDUSTRIAL COURT c) TRADE DISPUTES AND STRIKES i) THE LIRA SPINNING MILL STRIKE 1984 ii) THE MULCO STRIKES 1984-1987 iii)THE 1984 URC STRIKE 3. FOREIGN MATERIAL AID AND IDEOLOGICAL INFLUENCE IN THE .TRADE UNIONS a) THE FOREIGN AFFILIATION QUESTION b) THE ROLE OF FOREIGN FINANCIAL AND MATERIAL AID c) TRADE UNION EDUCATION AND IDEOLOGY 4. TRADE UNIONS AND LAW REFORM 5. TOWARDS THE FUTURE: TRADE UNIONS AND FREEDOM OF ASSOCIATION UNDER THE NRM GOVERNMENT 1986-1987 a) FREEDOM OF ASSOCIATION b) THE LIMITATIONS OF TRADE UNIONS AND THE NRM CONCLUSION NOTES Page No. CHAPTER VI: CONCLUSION 358 BIBLIOGRAPHY 370 1 DEDICATION This work is dedicated to Uganda's workers who, in spite of all adverse forces, have to-date maintained a relatively autonomous trade union movement. ACKNOWLEDGEMENTS In the course of preparing this thesis several people and organisations gave me assistance which I now take occasion to - acknowledge. I begin with acknowledging my gratitude to the Association of Commonwealth Universities (ACU), London which gave me a scholarship for most of the PhD course. Then the Africa Educational Trust and the Gilchrist Educational Trust, London came in at the right moment to supplement the financial assistance of the ACU especially towards the end of my work in 1989. The assistance of the University of Warwick Law School is also hereby acknowledged. Without these Institutions' finances this work would obviously not have been accomplished. Secondly I would like to extend my gratitude to all those people, institutions and organisations that gave me access to the necessary records for my work. Of particular importance were the NOTU Secretariat, Kampala, the Secretary General NOTU, R.W. Kasozi (1986-1988), the Director of Research and Economics, E.Y. Baingana and the Director of Education, M. Onzi. Equally helpful were the clerical staff of NOTU. Further the Secretary Generals and staff of both UTGWU and URWU in Jinja and Kampala respectively provided me with both written and oral information. Finally I would like to record my thanks to Mr. F.X. Mubuuke now Deputy Chief Personnel Manager of Uganda Railways Corporation who introduced me to the relevant Ministry of Labour, employers' federation and trade union officials before the commencement of my research in Uganda and Mr. S. Gumoijukye Byomugisha who gathered materials and sent them to me whenever I so requested. Thirdly I would like to thank my supervisor Mr. Graham Moffat who has patiently advised me from the beginning of my vague research proposal through the gruesome drafts to this final and hopefully intelligible product. His patience and fruitful incessant arguments with me are hereby acknowledged. Fourthly I extend my- thanks to all those colleagues in the Law School at Warwick University and other people whom I cannot mention individually for the academic and social support they provided me with which was useful directly and indirectly in the accomplishment of this work. Finally my thanks go to Mrs. Hazel Taylor who has reduced my often confusing handwriting to this clear legible form. (iv) ABBREVIATIONS AALC African-American Labour Centre. AATUF All-Africa Trade Union Federation. ADC Annual Delegates Conference. AFL-CIO American Federation of Labour - Congress of Industrial Organisations. ARIL Annual Report of the Inspectorate of Labour. ARML Annual Report of the Ministry of Labour. ATGWU Amalgamated Transport and General Workers Union. AUCCTU All Union Central Council of Trade Unions (USSR). CGC Central Governing Council (NOTU). CO Colonial Office.' DP Democratic Party. FRONASA Front For National Salvation. FUE Federation of Uganda Employers. FUECI Federation of Uganda Employers, Commerce and Industry. FUTU Federation of Uganda Trade Unions. ICFTU International Confederation of Free Trade Unions. ILO International Labour Organisation/Office. ILR International Labour Review. ITG & LWF International Textile, Garment and Leather Workers