2010 Annual Survey of violations of trade union rights – Angola

Population: 18,500,000
Capital: Luanda
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 182

Trade union activities are tolerated provided they do not “threaten” the country’s reconstruction. In practice, trade union activity is closely monitored by the authorities. The legal framework is still unfavourable for trade unions.

Trade union rights in law

The laws on trade unions, strikes and collective bargaining are lacking, but are under revision by the National Tripartite Commission. Government approval is required to form a trade union, and the procedures are long and cumbersome. Collective bargaining is banned in the civil service.

The categories of workers excluded from the right to strike exceed the ILO definition of essential services, and an excessively high quorum must be attained when holding a strike ballot. Although discrimination against union members is prohibited, the law does not contain any effective measures to prohibit employer retribution against strikers. The government can also requisition striking workers under various pretexts.

Trade union rights in practice and violations in 2009

Background: The strong economic growth of recent years, based on oil and diamond exports, has slowed. Pay rises have been kept under control by the authorities, anxious not to anger the international financial institutions, but the price of basic goods continued to rise. Many human rights activists were harassed, as were journalists. In Luanda, 15,000 people were evicted from their slums. The authorities also conducted mass expulsions of Congolese migrants. The presidential elections were postponed.

Collective bargaining curtailed: Collective bargaining is restricted in its coverage. The government is the country’s biggest employer and, through the Ministry of Public Administration, Employment and Social Security, sets wages and benefits on an annual basis. This involves consultation, but no negotiations with the unions.

Little respect for rights: Workers’ organisations are closely monitored by the authorities, particularly in the strategic oil and diamond industries. The authorities and employers have shown little tolerance for protest action. There are frequent and repeated warnings. Any social unrest is met with reminders about the need for the country’s economic recovery, discipline at work and for dialogue as the only possible solution to workers’ demands. Freedom of expression is quashed just as much as freedom of association, if not more so, hence union demands or grievances are rarely mentioned in the press.

source: http://www.unhcr.org/refworld/country,,ITUC,,AGO,,4c4fec921e,0.html

2009 Annual Survey of violations of trade union rights – Angola

Population: 17,500,000
Capital: Luanda
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

There are still far too many legal restrictions preventing workers from organising, negotiating and going on strike.

Trade union rights in law

Government approval required: The Constitution provides for the right to form and join trade unions, apart from the police and the armed forces. However, government approval is required and the procedures are cumbersome. At least 30% trade union membership is needed for setting up a branch union at provincial level, which is an excessive requirement. Women and men engaged in domestic work or casual labour are excluded from the General Labour Act.

Strike restrictions: The right to strike is recognised, but strictly regulated. The law does not contain any effective measures to prohibit employer retribution against strikers, and the government can force them back to work under various pretexts. The law prohibits strikes by the armed forces, police, prison workers and fire fighters. The Strike Act was being revised (as of February 2006) and trade unions called for genuine tripartite consultation to ensure it complies fully with international labour standards. When holding a strike ballot the quorum to be attained (two-thirds of the votes) is too high. The list of essential services is too long and includes, for instance, the transport sector, communications, waste management and treatment, and fuel distribution.

Collective bargaining is banned in the civil service. Discrimination against union members is prohibited, but these rights are not consistently enforced.

The National Tripartite Commission has drafted some proposals for modifying the laws on trade unions, strikes and collective bargaining.

Trade union rights in practice and violations in 2008

Background: The elections in September, which were the first since 1992, produced a crushing victory for the ruling party, the MPLA. UNITA, the main opposition party, did not contest the vote. Harassment of human rights organisations and of the free press intensified during the year. Despite increasing oil revenues (the country has become the leading oil producer in sub-Saharan Africa), the gap between rich and poor has continued to widen.

Rights not respected: In practice, the fragile process of democratisation and restrictions on civil liberties, following a long civil war, make it difficult for unions to enforce their rights or to carry out any activities without permission from the government.

Collective bargaining curtailed: Collective bargaining is restricted in its coverage. The government is the country’s biggest employer and, through the Ministry of Public Administration, Employment and Social Security, sets wages and benefits on an annual basis. This involves consultation, but no negotiations with the unions.

source: http://www.unhcr.org/refworld/country,,ITUC,,AGO,,4c52cb05c,0.html