Kenya 1 (Monica Musau)
	Report: Session 5

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ACTIVITY ONE

Attendance

1. Monica Musau
2. Francisca Wambua
3. Benedicta Kilonzo
4. Emily Latan
5. Michael Otieno
6. Margaret Muthemba

1. Are Codes of conduct effective instruments to protect workers’ rights?

• Yes, the Codes of conduct are effective instruments to protect workers rights provided they are:-

1. Suitable for the workers needs and interests
2. Accessible to monitoring by workers and workers representatives and the Ministry of Labour
3. If workers are involved and well informed about the contents contained in the Codes of Conduct
4. If the TNCs implementing the Codes of Conduct are transparent and accountable
5. If the workers are involved in the formulation of the Codes of Conduct

• Read the reports from the other study circles. Discuss the opinions which the other groups have expressed, and decide how you would like to respond

We have read the UK report on globalisation and have come to the following conclusions:-

1. That as a result of massive layoffs of workers, there is no job security
2. Charges in the laws protecting workers in favour of TNCs which might be difficult to amend in future
3. Introduction of short term contracts leading massive unemployment due to retrenchment of workers
4. Less pay for contractors
5. Reduction of social benefits
6. Negative economic effect on the community
7. Closures of industries to allow those running cheaply to continue
8. Competition between the employees in order to maintain their jobs and also between companies
9. The use of "divide and rule" tactics by TNCs
10. The workers representatives (Shop Stewards) are also forced by these circumstances to compete for job places with the workers they represent
11. The weakening of the trade Union Structure arising out of competition for survival
12. Increase in the profits of TNCs due to layoffs of jobs, lack of permanent jobs and the introduction of contracts

• Our response to all these is that there is a need for workers world wide to:-

1. Foster international solidarity to counter TNC power
2. Launch protests against the MAI
3. Sensitise policy makers, workers and their representatives, church organisations, NGOs, environmental activists, lobby groups and heads of state and other government leaders
4. Expand the international study circles to other workers of the world on the need to lobby against TNCs
5. Strengthen local Trade Unions through educational programmes and international affiliations to international Trade Union Secretariats
6. Introduce local study circles where the same materials are going to be used to spread the message of TNCs to workers locally
7. Monitor the activities of the advocates of MAI through the Internet and encourage those with information to pass it to other workers
8. Encourage International Collective Bargaining on TNCs by ITS’s

Workers’ rights clauses in international agreements

Attendance

1. Monica Musau
2. Pamela Rabuogi
3. Margaret Muthemba
4. Francisca Wambua
5. Emily Latan
6. Michael Otieno

Short article to other workers concerning MAI

1. The MAI is going to disarm the ILO and the standards will not apply in counties where the MAI has been signed
2. There will be increase in child labour and discrimination in employment
3. MAI demands equal treatment for TNCs and local industries which will lead to the death of local industries
4. The MAI demands unrestricted access to any country in the world for TNCs
5. The MAI also intends to reduce the power of the Trade Unions, both locally and internationally
6. The MAI advocates non compliance f local laws by TNCs investing in the host countries
7. Interference by the MAI of the democratic process
8. The MAI advocates the increase of the markets for TNCs and the acquisition of natural resources
9. The intention of the MAI is to block competition from other industries and crate monopolies for TNCs

• In support of the ICFTU article on the MAI, we request other ITS’s to launch their campaigns against the MAI because we have foreseen the dangers associated with the signing of the MAI
• We also call upon other workers in other countries to lobby their governments against signing the MAI, and is possible communicate with other workers internationally
• We also suggest that there is a need for networking for all workers internationally
• We insist that in any international trade agreements at any time, the ILO Standards must be adhered to by any means
• The MAI will greatly interfere with National economic planning of host countries by investing in non national priority areas by taking advantage of the host countries’ economic status and enhancing their own productive capacities
• We urge governments where the MAI operates not to relinquish their sovereignty and they must be firm in refusing to be manipulated by TNCs
• We appreciate the concern of the ICFTU on the MAI and urge them to continue relentlessly by disseminating information to all workers internationally in order to expose the advocates of the MAI and the TNCs behaviour

3. International Collective Bargaining to protects workers rights

Our views are:-

• To encourage local Trade Unions to affiliate themselves to International Trade Secretariats to strengthen them for International Collective Bargaining
• There is a centralised source of information due to the affiliations of many Trade Unions
• International Collective Agreements should be conveyed to local Trade Unions for implementation nationally

ATTENDANCE

1. Margaret Muthemba
1. Francisca Wambua
2. Benedicta Kilonzo
3. Emily Latan
4. Lilly Muinde
5. Lagwinda Nkongoli
6. Pamela Rabuogi
7. Michael Otieno
8. Monica Musau

International collective Bargaining to protect workers’ rights

Possibilities for International Collective Bargaining in TNCs exist if:-

1. ITS’s disseminate information to National Trade Unions e.g. SAPs etc.
2. Local Trade Unions are encouraged to affiliate themselves to ITS’S in order for them to be strong enough to negotiate internationally
3. Governments demand that TNCs respect the International Collective Bargaining agreements which they have signed
4. The ITS’s should have a central information pool where affiliates can get information
5. The ITS’s should give information to National Trades Unions for implementation locally
6. National Trade Unions are in a position to lobby the Governments to insist that they lay down conditions and formulate regulatory policies for TNCs intending to invest locally
7. International Workers Solidarity is encouraged through educational and exchange programmes to improve communication between workers
8. Members of the local communities should be sensitized on the importance of negotiations with TNCs before and after the I.C.B. (International Collective Bargaining) in order for them to understand the effects on them

Communicating with the other members of the International Study Circle

We have decided to adopt the article form of reporting on our findings about the International Collective Bargaining with TNCs

Our view on I.C.B. (International collective Bargaining)

After our thorough discussion on International Collective Bargaining with TNCs we have come to the following conclusions

That in order for the International Collective Bargaining with TNCs to have any meaningful benefit to workers world-wide, we must have the support and collaboration of the following parties.

• The governments responsible for hosting investors
• The Trade Unions
• The Church Organisations
• The NGOs e.g. environmental groups
• The TNCs as the principal investors and employers
• The International Trade Secretariats as the chief negotiators on behalf of workers internationally

• The dissemination of information to National Trade Unions regarding issues such as saps, retrenchment and other matters of concern to workers
• The affiliation of National Trade Unions to International Trade Secretariats to strengthen them for negotiations on the International Collective bargaining
• A request for Governments to demand that TNCs respect the International Collective Bargainings agreements they have signed with the ITS’s
• The creation of a central information pool where affiliates can get information concerning any subject on request
• The requirement that the ITS’s give information to National Trades Unions on signed International Collective Bargaining agreements for follow up and implementation locally
• The possibility of National Trade Unions bodies to be in a position to lobby the governments and insists that conditions are laid down and policies formulated to regulate TNCs intending to invest locally
• The possibility of fostering international workers solidarity through educational and exchange programmes to improve communication between workers
• The involvement of the local communities and their sensitisation on the importance of negotiations with TNCs before and after the International Collective Bargaining agreements in order for them to understand the effects

We therefore request the members of the International Workers Solidarity to work together for the success of the International Collective Agreements for the benefit of workers world wide

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