Industry captains and trade unions, akin to people from all walks of life, have come up with a slew of recommendations to be incorporated in the new Constitution. And, the Constitutional Committee (CC), headed by veteran CPN-UML leader Madhav Kumar Nepal, is intently poring over the suggestions these days.
Joint Trade Union Coordination Centre (JTUCC), a conglomerate of labour unions, vows to protect workers' rights.
Yesterday, six major trade unions, affiliated to various political parties and Confederation of Professionals-Nepal (CoNEP), handed over their input to CC chairman Nepal.
While, the Federation of Nepalese Chambers of Commerce and Industry (FNCCI) and Confederation of Nepalese Industries (CNI) are all for safeguarding the duties and responsibilities of industrial and manufacturing sectors.
FNCCI's statement, meanwhile, has queered the pitch for the unions. CNI, too, agrees with this observation. "Trade unions that are affiliated to political parties shouldn't have any role to play," said FNCCI, an umbrella organisation of Nepali private sectors.
Perhaps, the hardening of stand stems from bitter labour disputes in the recent past. Entrepreneurs are of the opinion that unions, which owe their allegiance to parties, are tough nuts to crack. To make matters worse, there is an overriding fear of intervention from political parties, bordering on militant trade unionism.
As a concept — apolitical trade union — seems far fetched under present circumstances. But, at the same time, there is a dire need for one to address the genuine grievances of labourers. This is largely because it will not become a tool for the party to fulfil its "vested interests".
Bishnu Rimal, president of General Federation of Nepalese Trade Unions (Gefont) — affiliated to the ruling CPN-UML — disagrees with the business community's perception.
"An individual has every right to pursue an ideology. It should not be misconstrued through a political prism," he reasoned. He went on to elucidate the contrasting history of labour movements in Nepal and Europe.
While, labour struggle led to the birth of parties in Europe, the contrary holds good for Nepal.
Kush Kumar Joshi, president of Federation of Nepalese Chambers of Commerce and Industry (FNCCI), has a different take on the role of unions. "They should act as a conduit between industries and workers. Settling of internal disputes and fostering good industrial relations should be their primary tasks. But, once they have a political mandate, the parties' guidelines start dictating their policies and actions," he explained.
Joshi pointed out that there were industries galore, which were operating sans unions' pulls and pressures.
He has a copybook approach to the issue.
"A union has to look after labourers' rights. It will have a role to play only if the labour laws are manipulated and subsequently workers were denied of their rightful dues," he signed off.
The ever muscle-flexing and high-handedness of the politically-affiliated trade unions have been, at times, headache for the parties themselves.
“The parties should either be able to tame their militant trade unions or depoliticise them,” said CA member and CNI president Binod Kumar Chaudhary. “Both should be left to their own devices. Political exercise is simply not enough for the nation to make progress in this fast-changing world. This is a critical moment in the history of the nation. The whole world is watching the political parties. Whether they stand for a prosperous Nepal or let the unions hold sway,” he added.
The new Constitution is a stepping-stone to the New Nepal. “In that light, the Constitution should ensure that economic benefits reach one and all. And, that’s the only way one can build a well and truly inclusive society,” said Chaudhary,.
What FNCCI wants in the new Constitution?
Economic liberalisation
Rule of Law
Right to Property
Safeguard of goods and services
Eradication of corruption
Right to economic rights
Government should not nationalise any industry, trade or business
Right to natural resources and equitable distribution
Free market economy
What CNI wants in the new Constitution?
All sectors should be open for the people as a civil right, save those banned by the government’s Gazette notification
The government should not nationalise any industry, trade or business
Private sector should act as an equal opportunity employer
Right to property
Painless exit for business community if it deems so
Trade unions should be apolitical
Right to do business sans any kind of interference
Public Institutes should be privatised
The government should adopt private sector-friendly policies to boost growth
Free market economy
The government’s policies should attract foreign investment, technology, skill and knowledge
The government should ensure more bi-lateral and multi-lateral agreements in sync with the current trend of globalisation
The government should establish a separate commercial court to settle cases regarding industry, trade and commerce
What JTUCC wants in the new Constitution?
Right to trade union and group bargaining, social security and justice
Ban on child-labour
Right to employment
A 10 per cent-fixed quota for labourers in all policy-making agencies
Workers representation must in bodies that have employers as well
Labour Senate (Labour Parliament) should be established as an umbrella body of all labour organisations
Formation of National Labour Commission to settle all labour disputes