A Brief History of Namibia's Trade Unions

Contributed by Herbert Jauch

The Namibian labour movement has played a prominent role in Namibia’s liberation struggle.  During the colonial rule by Germany (1884-1915) and through much of South Africa’s rule (1915-1990) workers from Northern Namibia were only allowed to work in the colonial towns such as Windhoek, Swakopmund, Walvis Bay, Tsumeb, Luderitz etc. if they had a contract with a particular employer.  Such contracts were for a specific duration (usually 6-12 months) and workers were not allowed to choose their workplace.   The colonial labour agency, the South West Africa Native Labour Association (SWANLA), classified workers according to age and strength and then allocated them to specific workplaces in the mining and fishing industry or on farms.  Namibian contract workers could not take their families with them and had to endure highly exploitative working conditions.  As a result, there was a lot of anger amongst contract workers over their treatment and they started organising to demand the abolition of the contract labour system.  Contract workers played a critical role in the anti-colonial resistance and formed the backbone of the South West Africa People’s Organisation (SWAPO) which was formed 1960.  Thus, the history of Namibia’s labour movement and politics are closely linked.

The early attempts to form trade unions in Namibia during the 1940s were initiated by South African union like the Industrial and Commercial Workers Union (ICU) which sent an organiser to Namibia’s southern coastal town of Ludeirtz. Another attempt was made in 1949 when the South African Food and Canning Workers Union (FCWU) began to organise the canning factories in Luderitz. Thousands of workers went on strike in 1952 and 1953 but they were violently crushed by employers and the colonial state.  Several more attempts to establish trade unions were made but permanent industrial unions were only established from the 1980s onwards.

Strikes by Namibian workers during colonial rule were a reflection of the broader socio-economic struggles that Namibian workers waged during colonial rule.  The contract labour system, locally known as “okaholo”, played a central role in Namibia’s labour history.  The colonial laws did not allow black workers to form their trade unions and early attempts by workers to organize themselves were crushed by the colonial regime.  The plight of contract workers from northern Namibia was then taken up by the Ovamboland  People’s Congress (OPC) that was founded in Cape Town in 1957 mainly by students and contract workers. Workers in the Namibian compounds (at mining and fishing companies) supported the OPC, which expressed their aspirations and in 1958 was transformed into the Ovamboland People’s Organisation (OPO).  Its key demand was to abolish the contract labour system. The OPO’s political demands for “political, social and economic emancipation of the people” reflected the needs of the workers in the compounds. Its message was also spread to the rural areas through returning migrant workers. In 1960 the OPO was transformed into a national liberation movement known as SWAPO. Its aim was to establish a unified, independent and democratic Namibia, free from colonial exploitation and oppression. Due to the political oppression at the time. SWAPO activities were actively suppressed by the colonial regime and many SWAPO leaders had to flee into exile.

One of the first countries to grant Namibians refuge was Tanzania.  SWAPO held a consultative congress there in Tanga in 1969/70 and established several new departments within the party, including a labour department. Although the congress documents did not mention the formation of trade unions, a decision to establish the National Union of Namibian Workers (NUNW) in exile was taken on 24 April 1970. Its function was primarily to represent Namibian workers at international fora such as the International Labour Organization (ILO). Another aspect of its work in exile was to train trade unionists under the name of the NUNW in the Soviet Union and Angola.

The General Strike of 1971-72

In the early 1970s it was virtually impossible to establish trade unions inside Namibia due to the extremely repressive conditions.  This however, did not prevent one of the most significant strikes in Namibia’s history, the famous general strike which shook the colonial regime and brought the plight of black Namibian workers to the attention of the outside world.  It lasted from 13 December 1971 until 20 January 1972 and involved over 13 000 migrant workers.  It brought the mining industry to a halt and seriously affected farming, commerce as well as communications and transport systems.  It demonstrated the potential of workers to take organised action in defence of their rights.

The general strike was triggered by the oppressive political and economic conditions that Namibian workers, especially the migrant workers from the north, were facing.  Migrant workers were examined in a dehumanising way to determine their health and physical strength and classified accordingly by the colonial labour agency SWANLA.  Breaking a contract was a criminal offence and workers had to stay under appalling conditions in the so-called “single-sex hostels”.   The general strike expressed long-standing grievances against the contract labour system.  In addition, there were three key events that contributed to the strike:

• 21 June 1971: The International Court of Justice declared South Africa’s occupation of Namibia as illegal.
• 30 June 1971:  Two of the largest churches in Namibia sent an open letter to the South African Prime minister complaining about South Africa’s failure to uphold human rights in Namibia as declared by the UN in 1948.
• 15 November 1971: The Bantu Commissioner Jan de Wet denied the church leaders’ statement and described the contract labour system as "voluntary".

These developments fuelled workers’ anger against the continued colonial occupation, racial discrimination and the inhumane treatment of contract workers.  Although the strike was not planned and organised by a trade union, it was aided by student activists in the north who had been expelled from schools due to their political activities.  After their expulsion, these young SWAPO activists moved south, joining workers in Windhoek, Walvis Bay and elsewhere.  They linked the workers’ resentment of the contract labour system to political demands for liberation.

The strike occurred largely spontaneously under the slogan odalate naiteke (let’s break the wire). It started in Windhoek and then spread to Walvis Bay and further to workplaces throughout the country, involving about 13 500 workers (about 25% of all migrant workers), bringing 11 mines and 23 other workplaces to a standstill.  Some estimates put the number of striking workers as high as 20 000.

When the striking workers were deported to "Ovamboland", they engaged in running battles with the "security forces".  Angry workers destroyed about 80 km of the border fence with Angola and they attacked collaborators of the colonial regime. The deported workers formed a "Contract Committee" and set out their demands in a pamphlet.  These demands included the abolition of the contract labour system and freedom for workers to choose their own employment without police interference; the right to live with their families; payment of salaries according to merit and according to the work done, an end to discrimination based on a person's colour; the abolition of the pass law system; sufficient payment so that workers can buy their own food and pay for their own transport.

The state responded with a dual strategy. It attempted to replace striking workers with scab labour from the southern and central regions of Namibia.  The state also resorted to increased oppression and brought in additional police and the army from South Africa to suppress the uprising.  A state of emergency was declared in "Ovamboland" (the central northern regions) which was only partially relaxed in late 1977.  The workers’ hostels in Katutura were put under siege by the police and detention camps were set up all over "Ovamboland" for those detained (and tortured) under emergency regulations.

Although the striking workers did not have the organisational strength to carry on the strike for more than 6 weeks, it resulted in some (although largely cosmetic) improvements in working conditions and in the first public acknowledgement (by parts of business and the colonial state) of the need for trade unions for black workers.  Some companies set up liaison committees to consult with their workers.  Some employers even supported the establishment of trade unions as bodies that they could negotiate with.  Pressure to allow for the formation of trade unions also came from the ILO and the colonial administration had to acknowledge that the plight of Namibian workers could no longer be ignored (ibid).

The general strike set in motion a contradictory process of labour and political reforms alongside intensified war and repression.  In 1976, for example, new and even tougher "security laws" were passed and the emergency regulations were extended to the Kavango and Caprivi regions in north-eastern Namibia.  A “shoot to kill” order was given in most areas of "Ovamboland” where arbitrary arrests, detentions and torture had become the security forces' way of operation. On the other hand, the colonial regime used a strategy of labour and political reforms (e.g. the formal end of wage discrimination on the basis of colour and the adoption of the principle of equal pay for equal work) to appease the popular rebellion.

In 1978, the interim administration of “South West Africa” known as the "Transitional Government of National Unity", ) which had no public support and legitimacy changed the 1952 Wage and Industrial Conciliation Ordinance to expand the definition of "employees" to include black workers.  This was the first legal basis for black Namibian workers to legally form and join trade unions.  Unions were, however, still prohibited from forming links with political movements and workers remained highly vulnerable to victimisation.  An attempt to establish trade unions under the umbrella of the NUNW with the support of Swedish trade unions in the late 1970s failed and the NUNW unions only emerged inside Namibia from the mid-1980s onwards.

Formation of Unions Inside Namibia

In 1985, the South African apartheid government was spending R3 million per day on the war in Namibia. During this time of repression, community activists started organising at the grassroots level. Community organisations emerged in response to the crises in housing, employment, health, education and social welfare. Community organising surged inside Namibia from 1984 onwards, focusing on the crisis in housing, employment, health, education and social welfare. In the absence of trade unions, workers began to take their workplace problems to social workers at the Roman Catholic Church and the Council of Churches in Namibia (CCN). At that time, the umbrella of the churches provided political activists with a shield under which they could start organising workers. By 1985, workers and community activists had formed a Workers Action Committee in Katutura, which became the forerunner of trade unions.

The trade unions, mostly under the umbrella of the NUNW, were formally established from 1986 onwards and provided workers with an organisational vehicle through which they could take up workplace grievances as well as broader political issues, which were always seen as linked to the economic struggle.  This occurred firmly within the SWAPO fold as the NUNW unions openly declared their allegiance to the liberation struggle and to SWAPO as the leading organisation in the fight for independence. The first industrial union to be established was the Namibia Food and Allied Workers Union (NAFAU) in 1986, followed by the Mineworkers Union of Namibia (MUN) in the same year, the Metal and Allied Namibian Workers Union (MANWU and the Namibia Public Workers Union (NAPWU in 1987, the Namibia Transport and Allied Workers Union (NATAU) in 1988 and the Namibia National Teachers Union (NANTU) in 1989.The exiled and internal wings of the NUNW were merged during a consolidation congress held in Windhoek in 1989. At the time of independence in 1990, the NUNW unions inside Namibia were a formidable force among grassroots organisations. They enjoyed huge support even beyond their membership and played a critical role in ensuring SWAPO’s victory in the first democratic elections of 1989.

The NUNW played a prominent role during the liberation struggle and linked the struggle at the workplace with the broader struggle for political independence.  It formed links with other social and political organisations such as women’s and students’ organisations.   The NUNW understood its role as that of a social movement, which could not address workers issues separately from those affecting the broader community. Before Independence, the NUNW believed that exploitation at the workplace was linked to the broader struggle against racial and political oppression.

Unions Outside the NUNW

Several trade unions existed outside the NUNW since pre-independence.  Some operated within a racist paradigm such as the white South West Africa Mineworkers Union (SWAMU) or as “apolitical” staff associations, for example the Government Service Staff Association (GSSA).  Others were opposed to apartheid-colonialism and mobilised workers but refused to join the NUNW because of its political link with SWAPO.

Some of the unions outside the NUNW formed their own federation such as the Namibia Christian Social Trade Unions (NCSTU) which was affiliated to the World Federation of Labour.  In 1992, this federation reconstituted itself as the Namibia People's Social Movement (NPSM) to accommodate workers who were not Christians.  The NPSM formed an umbrella body for the Namibia Wholesale and Retail Workers Union (NWRWU) as well as the much smaller Namibia Building Workers Union (NBWU), the Bank Workers Union of Namibia (BAWON), the Namibia Fishing Industry Union and the Namibia Bankers Union.  The NPSM unions financed their operations from membership fees but also received some funding for educational activities from outside sources such as the World Confederation of Labour (WCL) and the Democratic Organisation of African Workers Trade Unions (DOWATU).

In 1998, a third trade union federation was formed consisting of the Public Service Union of Namibia (PSUN, the successor of GSSA), the Teachers Union of Namibia (TUN), the Namibia Telecommunication Union (NTU), the Local Authority Union of Namibia (LAUN) and the Namibia Seamen and Allied Workers Union (NASAWU).  This federation became known as the Namibia Federation of Trade Unions (NAFTU) and drew the bulk of its membership from the public service.  Workers in the manufacturing industries were in the minority.

In May 2002, NPSM and NAFTU merged to form a new federation called Trade Union Congress of Namibia (TUCNA) which brought together 13 affiliated industrial unions.  The biggest affiliates are those operating in the public sector and in the fishing industry.

Namibia’s third trade union federation, the Namibia National Labour Organisation (NANLO) emerged as a result of a split within the NUNW.  The NUNW congress of 2010 was divided into 2 camps who took opposing positions regarding a dubious “write-off” of N$ 650 million of loans given by the Government Institutions Pension Fund (GIPF).  One camp pushed for strong action to be taken against the write-off while the other opposed any such move.  A second issue which divided the NUNW was whether to support the proposed introduction of a Basic Income Grant (BIG).  Although the congress resolved to support the BIG, expressed itself against the GIPF “write-off” and elected a new leadership, the infighting continued, virtually paralyzing the NUNW.  Towards the end of 2012, the NUMW suspended its elected president and dismissed its general secretary Evilastus Kaaronda.  In a subsequent arbitration case, the dismissal was found to have been unfair and the NUNW was ordered to pay compensation.  The former general secretary then proceeded to establish a new trade union federation under the name of Namibia National Labour Organisation (NANLO) which was registered in 2014. It has five affiliated industrial unions.

Labour Laws after Independence

At independence in 1990, Namibian workers expected the SWAPO-led government to introduce a new Labour Act to replace the oppressive colonial legislation and practices. The new Independence Constitution of 1990 refers to human rights in general but makes no specific reference to workers’ rights.  It was not until November 1992 that the Labour Act was passed through Parliament. The overall aim of the Labour Act of 1992  was to replace the colonial labour relations system and to introduce a system of ”social partnership”.  Tripartite consultations and collective bargaining were seen as critical for the implementation of this new labour dispensation. The government envisaged an improvement in the living and working conditions of Namibian workers to be brought about by a combination of successful economic policies and successful trade union engagement with the private sector. The government defined its own role merely as that of a ”referee,” trying to create a level (and enabling) playing field for collective bargaining between business and labour. However, unlike in a corporatist, institutionalised arrangement – such as in the classical cases of post-war, social democratic Sweden and Germany – where capital, labour and state jointly formulate socio-economic policies, social partnership in Namibia never took the form of a joint decision-making process.

Although the Labour Act of 1992 constituted a significant improvement compared with the previous colonial labour legislation, it was a compromise between the conflicting interests of capital and labour. It extended its coverage to all workers, including domestic workers, farm workers and the public service. The new law encouraged collective bargaining, entrenched basic workers’ and trade union rights, set out the procedures for legal strikes and provided protections against unfair labour practices. However, the Act fell short of some of the expectations of trade unions.as it did not make provision for minimum wages (as SWAPO had promised in its 1989 election manifesto) and it did not guarantee paid maternity leave. Payment during maternity leave was only introduced when the Social Security Act was passed in 996. Other key demands of trade unions that were not accommodated in the 1992 Labour Act were the 40-hour working week and 21 days of annual leave for all workers.

In 2007, a new Labour Act was passed in Parliament and signed into law.  It once again was a compromised document between the different interests of workers, business and the state. Thus, employers and workers will welcome some parts of the new Labour Act while being critical of others.  However, there was consensus to introduce a new system of dispute prevention and resolution.  Past had shown that it was very expensive and time-consuming to resolve disputes through the courts. This was the main reason for the introduction of a comprehensive system of mediation and arbitration in the new Act.  Some unions, however, expressed concern that the administrative requirements for a legal strike might become too time-consuming and thus prevent workers from using strikes effectively to support their demands.  Unions were also unhappy that no tenure rights for farm workers were introduced and that the police and prison services were excluded from the provisions of the Labour Act.  Members of those services are still not allowed to join trade unions in Namibia. On the other hand, trade unions welcomed the improved basic conditions of employment such as increased annual leave, improved maternity leave provisions and the introduction of compassionate leave.

Collective bargaining

Overall, post-independence labour legislation and the role played by the Ministry of Labour constituted an improvement for workers and their trade unions, but the new laws also served to reduce worker militancy by shifting the emphasis away from workplace struggles to negotiations between union leaders and management. Bargaining issues in Namibia were (and still are) narrowly defined and usually deal with conditions of employment only while excluding broader policy issues. Trade union militancy certainly declined after Independence and trade union membership is concentrated in just a few industrial sectors.  Improvement of living and working conditions through collective bargaining only benefited the well-organised industrial workers like those in the mining and fishing industries as well as those in the public service.  The majority of Namibia’s working class – the unemployed, informal sector workers, casual workers, domestic workers, etc. – did not benefit from collective bargaining even if they were union members.  They still experience high levels of poverty.

Sources:

• Jauch, H. (2018). Namibia’s Labour Movement: An Overview.  History, Challenges and Achievements.  Windhoek: FES
• Labour Resource and Research Institute (2006).  The struggle for workers’ rights in Namibia.  Windhoek: LaRRI.
• Labour Resource and Research Institute (2010).  Strikes in Namibia. A long history of struggle. Windhoek: LaRRI.