New union for a new country
How do you begin to build a new union in a country with no history of democratic trade unionism? Mick Killick of the Maritime Workers Union of Australia explains how a transport workers union WAS formed from nothing less than a year after East Timor gained independence
There has been no history of democratic trade unionism in East Timor, either during the Portuguese colonial days or more recently under Indonesian rule, which finally ended in May 2002.
Two years ago a union body was formed and named Konfederasaun Sindikato Timor Lorosa'e (KSTL). This was established by labour and human rights organisations in East Timor to assist workers in understanding the newly legislated labour code and protecting their rights and solving disputes with employers.
The new constitution of East Timor protects the right to work, the right to strike and prohibits lockouts. It protects trade union freedom and the right to organise and form or join trade unions independent of the state and employers. The labour code further enhances and protects workers' rights and entitlements. This allows for proper formation and registration of unions, for collective bargaining, regulation of hours worked, sick leave, and annual leave - taking into account the cultural needs of the worker.
However most workers lack knowledge and understanding of the labour code, workers' rights, unions and what a union can do to protect their rights. Some employers have taken advantage of this situation.
With few resources and until recently no income, KSTL has been promoting unions and settling workers' disputes. Although there is a government Department of Labour and Solidarity, it too is inexperienced in such matters. Delays in constituting the Labour Relations Board - the independent dispute arbitration body - are indicative that the institutions are not keeping pace with the development of industrial relations. This is just another obstacle to overcome.
Starting from scratch
When the Maritime Union of Australia, the ITF and the KSTL decided to help develop a union for transport workers in East Timor, we knew there would be major barriers to overcome. The initial lack of knowledge, education and understanding of trade unionism combined with language and cultural barriers to create a great deal of intensive work..
Many sessions were held in the park opposite the port during workers' lunch breaks, on weekends and after hours, just discussing the basics of unions. Gaining the trust and respect of the workers was the first step in the organising initiative - convincing them that we were their brothers, not just foreigners.
There are profession-based associations in East Timor, such as for teaching and nursing, but due to a lack of understanding of the difference between a professional association and a trade union they are limited in the delivery of services to their members.
KSTL was personified, until recently, by two very effective union leaders, former student activists during the independence struggle. With their support and a lot of hard work, on 23 February 2003 we formally set up the Maritime and Transport Union of East Timor (UMTTL) with 45 permanently employed transport worker members.
The core membership of the new union comprises maritime workers in the port of the capital city of Dili and the expanding number of seafarers and fisheries workers in local trades. Significant potential for expansion exists in the Timor Gap offshore oil/gas production zone, which is jointly administered under an agreement between Australia and East Timor, and which presently does not prescribe any employment preferences for port state nationals. The Maritime Union of Australia and a strengthening maritime-based union in East Timor will in future be endeavouring jointly to address this issue.
The civil aviation sector is represented in the new union with ground staff at Dili's Comoro airport and cabin crew recruits from the new Thai International Airways owned venture, Timor Air. Drivers to and from the port are represented in the union ranks, while taxis and the numerous minibuses, called mikrolets, promise to be a substantial recruiting challenge.
Putting together a union in a new country has unusual dynamics and challenges. This historic step in East Timor's trade union future has been made possible by getting information out to the people on their laws and rights, and being available at any time for informal on-the-job and home-based training sessions.
We have signed one collective bargaining agreement (CBA) in the port and started negotiations on two others, always ensuring that delegates and rank and file members are involved every step of the way. We have included health and safety and workers' compensation provisions in the CBA, due to the absence of legislation in these areas. The CBA also prescribes skills training and paid time off for union activities.
There is now a network of union activists in every sector and a KSTL executive committee of 12, one position of which is held by the UMTTL. The union movement is now taking hold and expanding in Dili but there is a lot more work and effort required to help East Timorese workers into the future.
On a union bonding trip to the border region recently with KSTL leaders and workers from the agriculture and transport sectors, UMTTL member Rosalino da Santos said: "By forming this union, not only in East Timor do we have solidarity, but also through the ITF we have brothers and sisters all over the world. And if we have links in different sectors we can take action together. Transport by air, land and sea is in our hands." X
Mick Killick is coordinator of the ITF/MUA East Timor Maritime & Transport Union Development Project
A new dawn for workers' rights
By Jose Conceicao da Costa
President KSTL
East Timor became an independent state on 20 May 2002. The independence that is celebrated by East Timorese was not granted by anyone or any country, it is celebrated for those who sacrificed themselves over many years.
East Timorese people have to rebuild their own country from scratch, in every sector with their own capacity, but they also need the support of other countries and organisations in the world.
In terms of the trade union movement in East Timor, the situation looks the same as rebuilding the country. East Timor was part of Portugal for 450 years. During that period, there was no space or opportunity for East Timorese workers to express their ideas in relation to their rights as workers.
The situation continued when East Timor was taken over by Indonesia in 1975. At that time there was a trade union, but this was controlled by the Indonesian government, who did little for the workers of East Timor. During those two periods workers only knew the right to receive a salary and the obligation to do their jobs. Whether they worked under decent conditions or followed an eight-hour day was not something they cared about, because workers' rights were not issues they understood at the time.
After celebrating independence many things changed. East Timorese workers are now free to express their ideas. Our port workers, truck drivers, and airport workers are taking this opportunity. Through many meetings, they have begun to understand and realise that they actually have more rights that need to be protected, and there is only one way to protect these rights. That is to come and join together in a union. We did this with the help of the ITF and the MUA for which we are grateful.
Even though it has just started, the workers have been showing their responsibility and solidarity among themselves. We may lack capacity, but we have a great spirit to fight for workers' rights.
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