Protecting fundamental rights

January 28, 2024

Workers’ unions face imposed restrictions as well internal strife

Protecting fundamental rights

The caretaker government has reportedly prohibited all forms of union activities in the power sector. This step has purportedly been taken to ensure a ‘serene’ environment needed for private sector participation and divestment of certain entities. Some of the workers’ representatives have described this move as ultra vires of the constitution, which guarantees the right to association and the right to fair wage. It goes without saying that legally validated industrial relations are a fundamental pre-requisite in the smooth running of large enterprises.

Within this framework, unions are considered one of the most effective institutions for ensuring the wellbeing of diverse worker classes. They have evolved from contexts that were the launching grounds of the industrial revolution. Under the rapid technological advancements that aimed at achieving prosperity and wealth in the first place, a vast segment of the Western worker cadres was acutely exploited. In manual craft guilds as well as high-scale labour intensive industries, the employer was the final authority on labour affairs. The workers eventually realised that the solution to their sufferings lay in unity, organisation and collective bargaining. A very powerful platform of human organisation evolved and tried to change the social processes far beyond the worker-employer relationship. It augmented many a political vacuum by providing options, leadership and organised manpower.

The rise of trade unionism in the early 20th Century had a direct relationship with an emerging political ideology, socialism, ‘an all left’ leadership and paradigms. The phenomenon spread to each and every cross-section of society at that time. The flow of fresh ideas, progressive approaches and intellectual input contributed significantly to bolstering the bargaining position of the labour. With the eclipse of socialism as an alternative political ideology, the world appears to be impoverished in visions to choose from and apply for collective benefit. The stringent control of the market forces on all segments of social and economic life has left trade unions in tatters. The unions are left to grapple with the aftermath of the neo-liberal practices that thrive on nascent market procedures.

Public institutions, including utilities, around the world were the real arsenal for the trade union movement. Increasingly, these are being privatised. In most of these cases unions have been unable to make a difference, let alone determine policy. As governments derive their strength from the Bretton Wood institutions, trade unions are losing ideological, operational and organisational ground. The role of trade unions seems to be declining. Whether lobbying for the rights of the collectives or dealing with individual cases of mal-treatment and injustice, the unions seem to have lost their battle against the all-powerful globalization machine. The handicap is not confined to Pakistan. It is the same situation in all quadrants of developed and developing worlds. Despite being an institutional platform which generated outstanding leadership for the various state duties and functions, the trade union movement is struggling for bare survival.

In Pakistan, trade unionism – especially in utilities - has been drastically affected by dictatorships. Despotic rulers have attempted to maim and muzzle all organised resistance against their illegal usurpations. Workers’ organisations have thus been among their prime targets. This has greatly affected the potential of trade unions, leaving the hapless workers at the mercy of hostile or apathetic managements.

Unions have also been affected by internal discord. Many union leaders tend to act arbitrarily in blatant disregard of the larger good of the communities they represent. A well-known trade union leader from a nationalised commercial bank notoriously connived with the management in its downsizing. In return, he and his cronies retained their jobs.

The rulers have also made inroads into the trade unions by using coercive tactics. In 1992, for example, the government banned the elected union at the foremost steel manufacturing plant in Karachi and installed an establishment figure to weed out resistance leaders from unions. A few black sheep amongst union leaders ditched their brethren for petty personal gains.

During the attempts to privatise the Karachi Water and Sewerage Board (now Karachi Water and Sewerage Corporation) in 1990s, the unions effectively challenged the unilateral decision and fought successful legal battles to prevent privatisation of the utility. Experience has shown however that due to a lack of internal mobilization and vulnerability to outside pressures, trade unions can seldom put up any meaningful resistance.

Traditionally, private businessmen, industrialist and corporate organisations have regarded unions as a deadly threat. However, in acting against the unions they have been dependent on their workers. Over time, they have found new alternatives. To demolish union based activities, many now use contract labour. It has been believed that trade unionism in utilities causes poor performance. This is over simplification. Reforms must be based on dispassionate scientific analysis, taking all aspects of the utilities into account.

The caretaker government should leave such matters to the elected government that will succeed it. Ousting genuine stakeholders such as workers from consultation prior to important policy actions may not be wise.


The writer is an academic and researcher based in Karachi

Protecting fundamental rights