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AZIEA’s Collective bargaining strategy

ZAMBIAN EXPERIENCE

  by Mr Kashiwa Lameck- General Secretary - Alliance for Zambia Informal Economy Associations (AZIEA)

A.   Introduction  

My name is Kashiwa Lameck, General Secretary of the alliance for Zambia Informal Economy Associations, currently with 13 informal economy associations’ affiliates. I’m also council member of the international committee of Street Net International.  

On the personal level I have been involved in the informal economy as a market trader for the past 20 years though I worked for the mines for 12 years; I was retrenched in 2000.  

B. I have been invited to make a presentation on: Collective Bargaining strategy of AZIEA.

1.     My presentation is structured around the following: 1. In the first part, I am going to trace the evolution of the phenomenon of the informal economy in Zambia. In giving this brief historical perspective, I will also attempt to link the development of the informal economy to the fortunes or indeed, misfortunes of the Zambian economy as a whole. I will discuss this under the socio-economic context in Zambia this is in order for the participants to understand the state of the economy of Zambia and how we have gotten to be where we are now. 

2.     In the second part of my presentation I will discuss with you some of the salient characteristics of the informal – economy and the conditions and constraints that informal economy workers are forced to contend with in their daily struggle to irk out a living. Lastly then I shall look at the prognosis or the way forward in this noble effort to organize workers in the informal economy and contribute to the uplifting of the lives of our people in Zambia.  

3.     Socio-Economic context of the Informal Economy in Zambia.

      In discussing the concept and phenomenon of the informal – economy, forgive me if I will ignore academic conventions. I will avoid academic polemics and try to deal with more pragmatic issues.  

As we are fully aware, the concept of the informal sector – and now   informal economy - came into vogue in the early 70’s under the ILO Employment programme studies in Ghana and Kenya (WEP). At that time it was noticed and recognized that the principal social problem in many developing economies was not unemployment per-se, but;

“The existence of working poor struggling to produce goods and services without their activities being recognized registered or protected by public authorities”.    

According to this notion, the informal economy was taken to cover those small – scale income-generating activities, which take place outside the official regulatory framework. 

These activities are not necessarily performed with the deliberate intention of evading the payment to taxes or facial security contributions or infringing any other registration or administrative provisions.  We have and will continue ague that;  

“It is not so much that the poor are breaking the law but the law is breaking them”  

4.     This apparent illegality arises mainly because these informal economy operators who in fact only venture into such activities, as a survival strategy cannot raise the huge sums of money required for registration and other administrative logistics. In our country Zambia, the poor would-be operator requires not less than $200 to get the proposed Business licensed, registered by the authorities. This is in a country where the monthly wage is about $50.0! It is these transaction costs, the cost of legality, which are simply too high and hence prohibitive! We further argue that the mere fact that some of these activities take place outside of the formal regulatory framework does not make them illegal. It is simply that these activities are not regulated by the state because the boundaries of state regulation are not universal and set in stone. They vary from one state to another.  

In its household budget survey (HBS) conducted by the central statistics office (CSO, 1997) the Zambian government (GRZ) defined the informal – economy as:  

Consisting of all subsistence farmers, all own – account workers and all employees in unlicensed and unregulated Business”  

5.     As you may be aware there is a multiplicity of definitions and descriptions. From a policy point of view; we can argue that some definitions are more useful than others. Some people have actually argued that most of these definitions or descriptive categories are, at best, tautological statements. Being fully alive to this problem allow me to use an alternative definition and description of the informal economy as suggested by BIRCHALL (2001).  

“Units engaged in the production of goods and services with the primary objective of generating employment and income for the persons concerned”.  

6.     I find this definition more superior because it explains the economic rationale behind the existence of the informal economy in a given socio-economic context. The people who do not have access to formal wage employment find ways of surviving by dealing in local markets in whatever way they can. Consequently working in the informal economy is a rational economic decision motivated by the human need to survive. It is purely a survival strategy to which people are forced to resort due to economic hardships.  

7.     In Zambia, and probably in most other countries too, the informal economy and its dynamics are very closely correlated to the fortunes and misfortunes of the mainstream economy. Whereas other people have argued that the emergence of the informal – economy in Zambia could be traced back to the colonial times and the development of the mining, enclave economy predominantly in the copperbelt region of the country, its rise to prominence has come about with the coming to power of the MMD government of “free marketers” who embarked upon the wholesale but dangerously naïve liberalization and privatization economic reforms under the rubric of the now internationally discredited SAP. This renewed importance of the informal-economy is best illustrated by the fact that the Government established the so-called Vendors desk at State House and appointed a Deputy Minister to be in charge of Street and market Vendors affairs. This administrative unit was even referred to as the office of the president, which became almost untouchable by any authority except the president.  

8.     The 1980s could be said to have marked the turning point in the economic fortunes of the country. There were severe foreign exchange shortages and currency devaluations under the instigation of IMF /World Bank (SAP). Foreign exchange shortages led to, among other things, shortages of essential imported raw material, spare parts to continue servicing the manufacturing sector. There was industrial capacity under utilization with many firms operating at levels as low as 30% of their economic capacity.  

Then came the new phenomenon of smuggling of so-called essential commodities and the subsequent rise of what was described as the “Black market”. Indeed one could argue that this was the beginning of cross boarder trading and the globalization of the informal economy in Zambia.

C.   Salient conditions/constraints faced by Informal Economy workers        in Zambia.  

9.     As you are aware, there have been several studies conducted on the various facets of the informal economy. These various studies seem to be unanimous in their conclusions about the conditions and constraints that informal-economy workers operate under. Putting together the findings from these several studies (surveys), I have decided to discuss only a few conditions and constraints, which seem to have current relevance in our informal economy in Zambia. 

 I.      Lack of government policy on the informal economy and its development 

 II.      Lack of social security for informal economy workers 

 III.      Lack of representation in policy dialogue and decision making  

 IV.      Continued harassment from various types and levels of authorities (local authorities, Police, Zambia revenue authority, including party cadres of the political party in power).  

10. As regards government policy, there seems to be no comprehensive policy framework out lining the goals of government objectives principles etc as regard this economy. This is not withstanding the government’s pronouncements about the importance of the informal economy in its fight against unemployment and high levels of poverty in our country.  

The lack of legal protection and entitlement to social security is actually one of the characteristics used by government to define informal economy workers “These are employers and employees working in private sector enterprises with less than 5 employees and not entitled to paid leave and social security scheme”.  

D.  Collective bargaining efforts  

We have a diverse experience of negotiating with both central and local government on a variety of issues. After realizing that we were failing to pressurize and convince government to enact laws and formulate policies that are favorable to the informal economy workers because were working separately and our voice was weak. In 2001 in October we took the initiative of forming an umbrella organisation called; the Alliance for Zambia Informal Economy Associations (AZIEA) to strengthen our voice of representation.  

Bargaining with central government through the ministry of local government and housing is not systematic, but happens as when the burning issues arise, and the emphasis of the negotiations is to change laws including the market act which was passed by the British colonial government, and putting in place friendly police framework to the informal economy workers with the aim of making informal economy workers be part of the recognized, protected and represented workforce and enjoy the 7 labor core standards of ILO.  

At central government level we negotiate with the ministry of local government and Housing, and sometimes request the intervention of either the Republican Vice President or the President himself.  

At local Government level: We negotiate with councilors, towns clerks, State police commandants (Zambia Revenue Authority an agent of government whose responsibility is to collect Pay as You Earn from employees including informal workers) etc. Issues of collective bargaining on the local level are around levies, services as garbage collection, security and harassment.  

One of the difficulties of bargaining both at local and central level is also the informality of negotiations, a lot of these negotiation sessions are not recorded  because the forum as not taken as formal.  

In pursuit of broader objectives of AZIEA, we have undertaken the following strategies in order to push for negotiations with local or central government officials or departments.  

Education

In order for our members to appreciate and understand our role as an organization, we conduct education programmes through seminars and workshops on the role of the association in society, roles and responsibilities of members in the organisation, effects of laws and policies on Markets and Street Vendors and ways and means of fighting for the repeal of such laws and policies.  

Public meetings  

  We hold public meetings to constantly brief and update members on issues of national importance. We invite government ministers, council officers to explain and clarify certain issues.  

Lobbying and Advocacy  

Demonstrations/ picketing  

We demonstrate in the streets to get sympathy from the public and use these demonstrations and picketing not to pay market levies to local authorities as a tool to force government to the negotiating table.  

Injunction

In one instance, we had no option but to seek court intervention after exhausting all complaint process channels as the local authority seem not reversing its decision on the increase of market levies.

Meeting Government officials

We try our best in meeting ministers, permanent secretaries, Vice President, and the President to present our opinion on issues affecting us.

Success cases: In our struggle to change the law of the council that governs the market and street trading we managed to pressure government to take the bill to parliament for amendments. Even if we are still contesting some clauses of the bill such as the composition of the market board. 

For a long time, we have managed to shoot down the intension of councils such as Luanshya and Mansa to unilaterally increase levies when they have failed to provide services. 

With the increase of our visibility, we are now able to secure an audience at any level and meet any one including the state President. 

We have created a united front which is making government difficult to ignore. 

The Zambia Revenue Authority has failed to penetrate markets and Streets to get the Pay as You Earn due to our strong intervention. 

We are invited for seminars organized by government and to seat on some boards’ e.g. District HIV/AIDS task force committee.  

Unsuccessful Cases: We have failed to pressure government to abolish the fast track court.

We still negotiate at the mercy of those in authority. We are not backed by law.

Lastly, representation in policy dialogue and decision-making is one of the most frustrating conditions. Important decisions and interventions are made supposedly for our own good by those who claim to know what is good for us. As the saying goes, “there shall be nothing for us without us”.  

Accordingly AZIEA and WEAZ (Workers education association of Zambia) are currently engaged in dialogue with the national trade union movement through the Zambia congress of trade union (ZCTU) to establish strategic alliances and come up with strategic initiatives to organize informal economy workers, to educate them and create the requisite knowledge-levels and consciousness for solidarity. For instance AZIEA has taken up the ZCTU affiliation.  

Harassment from the various levels of government and its agencies, arrests and detention of informal economy leaders and its members is something we live every day. The level of harassment is so inhuman and barbaric to the extent that the government has even established what it is calling the Fast Track Court that sits at Lusaka City Council premises and so far more than 200 street vendors have been arrested and prosecuted some fined and others sentenced 2-6 months just because, they want to earn a living.  

We have revenue-collectors from the local councils, Zambia revenue authority, including even party cadres of the political party in power. At times our members are harassed for being associated with opposition parties. Our members loose their merchandize through confiscation and even theft by these people.  

We are forced to pay fees, charges, levies which at the end of the day are not even used to provide infrastructure services for our people. The only time when the government recognizes and appreciates the informal economy workers is when it is fighting its political battles with the opposition and during elections. Our vulnerable members are then used as instruments of violence and chaos by these selfish politicians for their own narrow selfish interests (to secure their political positions).  

E.   Conclusions  

From my short presentation, I hope we can draw the following conclusions: 

i.      Though the phenomenon of the informal economy is relatively recent, it has moved to great prominence following the wholesale implementation of SAP in our country. 

ii.      These SAP measurers have resulted into a complete destruction of our economic base and thrown thousands of our people into the street as unemployed and destitute.  

iii.      The majorities have found alternative survival strategies in the informal-economy, which has now grown to employ about 90% of the labour force.

iv.      Despite the importance of this economy, there is no definitive government policy on the informal economy, what role it is supposed to play and what should be done to harness its newly found great potential to provide employment, generate economic growth and reduce poverty in our country.  

v.      Government believes that this informal economy is an aberration, a transient phenomenon that will disappear as the economy develops. It therefore looks at the informal-economy workers as a nuisance to be tolerated for the moment! 

 vi.      The trade union movement in Zambia is so far, not prepared to lead the way in organizing the informal economy workers because it thinks it is too costly a venture with limited benefits. 

  vii.      The onus is therefore on us, the informal-economy associations/organizations such as AZIEA and WEAZ to lead the way. 

  viii.      This fight against injustice, human poverty and deprivation, the fight for recognition etc needs our pro activeness and international solidarity and strategic alliance. 

ix.      Collective bargaining is very difficult, more so in the informal economy, however, unity among the workers plays a crucial role in pushing local or central government officers to negotiate with us.  

x.      Education also plays an important role in promoting common understanding of the contextual situation of the leaders and members, the processes of legal/policy formulated and the effects of such measures on the informal economy workers, and the need to provide intelligent responses and informed advocacy.  

                                         I thank you most Sincerely,  

                                     A  LUTA  CONTINUA!!!    

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