Skip to main content
SpringerLink
Log in

Management of Industrial Conflict in Africa: a Comparative Analysis of Kenya, Nigeria and Tanzania

  • Chapter
Management Problems in Africa

  • 15 Accesses

Abstract

This chapter is concerned with the incidence of, and management of, trade disputes in Kenya, Nigeria and Tanzania. As former colonies of Great Britain the countries inherited identical social and economic policies from which grew the colonial model of industrial relations in each country. However, at independence and probably before, each of the three countries followed different industrial relations policies in widely diverse manners, as dictated by prevailing economic, political and social circumstances. In spite of these differences, one broad approach has emerged. This comprises a body of rules, regulations and practices emphasising, at one end of a spectrum, a principle of tripartism among the three principal actors in industrial relations, and at the other end, employing a virtual incorporation of labour into the national economic, social and political framework. In any event, the relative achievement of industrial peace measured by the phenomenal decline in disputes in Tanzania has been made possible by the peculiar design of the industrial relations system which makes the unions agents of national development.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Log in via an institution
Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 39.99
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 54.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Preview

Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.

Notes and References

  1. Davies, I. (1966) African Trade Unions (Harmondsworth: Penguin Books) p. 37.

    Google Scholar 

  2. Mboya, T. (1962) Freedom and After (London: Andre Deutsch) pp. 37–9.

    Google Scholar 

  3. Friedland, W. H. (1969) Vuta Kamba: The Development of Trade Unions in Tanganyika (Stanford: Hoover Institution Press) pp. 32–3.

    Google Scholar 

  4. See, for example, the arguments advanced by Mboya (1962) in his Freedom and After, p. 33.

    Google Scholar 

  5. Jackson, D. (1979) ‘The Disappearance of Strikes in Tanzania: Incomes Policy and Industrial Democracy,’ Journal of Modern African Studies, 17(2), pp. 219–51.

    Article  Google Scholar 

  6. Iwuji, E. (1979) ‘Industrial Relations in Kenya’ in Damachi, U. G. et al. (eds.) (1979) Industrial Relations in Africa (London: Macmillan) pp. 205–206.

    Google Scholar 

  7. Federal Ministry of Labour, Lagos, Annual Report, 1962–63.

    Google Scholar 

  8. Ministry of Labour, Nairobi, Annual Report, 1965.

    Google Scholar 

  9. Labour Division, Dar es Salaam, Annual Report, 1962, p. 6.

    Google Scholar 

  10. Mihyo, P. B. (1979) ‘Industrial Relations in Tanzania’, pp. 240–272 in Damachi et al., Industrial Relations in Africa.

    Chapter  Google Scholar 

  11. Labour Division, Dar es Salaam, Annual Report, 1962, p. 6.

    Google Scholar 

  12. Labour Division, Dar es Salaam, Annual Report, 1964–65, p. 10.

    Google Scholar 

  13. See Schedule 1 of NUTA (Establishment) Act, no. 18, 1964.

    Google Scholar 

  14. Mihyo, ‘Industrial Relations in Tanzania’, p. 252.

    Google Scholar 

  15. Ibid., pp. 252–3.

    Google Scholar 

  16. The Ibadan Conference of 1961 was a major effort of government to bring about such unity. For details see Ananaba, W. (1969) The Trade Union Movement in Nigeria (London: Hurst) ch. 19, and

    Google Scholar 

  17. Cohen, R. (1974) Labour and Politics in Nigeria (London: Heinemann).

    Google Scholar 

  18. Bear in mind that 70 unions were, in fact, established but they include management associations as well as employers’ associations and professional unions (for example, doctors). Also some of the 1170 Unions were not trade unions proper.

    Google Scholar 

  19. There are, in fact, two policies here — limited intervention and guided democracy — both are spelled out in the New National Labour Policy. Limited intervention is best explained under the settlement of trade disputes (see later in this chapter). Guided democracy is defined as ‘predicated on the continued guarantee of freedom of association, the promotion of strong, stable and responsible workers’ and employers’ organizations …’. For a full explanation see Fashoyin, T. (1980) Industrial Relations in Nigeria: Development and Practice (London: Longmans) ch. 7 and Appx B.

    Google Scholar 

  20. Address by the Chief of Staff, Supreme Headquarters, Brigadier Yar’Adua, to the Inaugural Conference of the Nigeria Labour Congress held in Ibadan on 28 February 1978.

    Google Scholar 

  21. See Yesufu, T. M. (1962) An Introduction to Industrial Relations in Nigeria (London: Oxford) p. 47.

    Google Scholar 

  22. Nigeria Employers’ Consultative Association (NECA) Annual Reports (various issues).

    Google Scholar 

  23. There are now (1983) about 22 employers’ associations in Nigeria. For full details on the organisation and management of these associations see Fashoyin, T. (1983) Employers Associations and Industrial Relations in Nigeria, 2nd edn. Faculty of Business Administration, University of Lagos.

    Google Scholar 

  24. Federation of Kenya Employers, Annual Report, 1978, p. 10.

    Google Scholar 

  25. Cited in Ministry of Labour, Nairobi, Annual Report, 1962, p. 10.

    Google Scholar 

  26. Friedland, Vuta Kamba, p. 113.

    Google Scholar 

  27. Labour Division, Dar es Salaam, Annual Report, 1964–65, Appx IV.

    Google Scholar 

  28. Jackson, ‘The Disappearance of Strikes’, p. 37.

    Google Scholar 

  29. Government of Tanzania, Presidential Circular No. 1 of 1970, para. 5, p. 1.

    Google Scholar 

  30. For more on this see Jackson, ‘The Disappearance of Strikes’, pp. 43–50.

    Google Scholar 

  31. Federal Ministry of Labour, Lagos, Annual Report 1968–69, para. 118, p. 24.

    Google Scholar 

  32. See, for example, Kilby, P. (1967) ‘Industrial Relations and Wage Determination: Failure of the Anglo-Saxon Model’, Journal of Developing Areas, 1.

    Google Scholar 

  33. Ministry of Labour, Nairobi, Annual Report, 1959, para. 9.

    Google Scholar 

  34. Yesufu, Introduction to Industrial Relations, p. 52.

    Google Scholar 

  35. Labour Division, Dar es Salaam, Annual Report, 1958, p. 14.

    Google Scholar 

  36. Mihyo, ‘Industrial Relations in Tanzania’, pp. 255–6.

    Google Scholar 

  37. See Uvieghara, E. E. (1976) Trade Union Law in Nigeria (Benin City: Ethiope) pp. 25–6, and

    Google Scholar 

  38. Adeogun, A. A. (1972) ‘Industrial Relations and the Law’, in Elias, T. O. (ed.) Law and Social Change in Nigeria (Lagos: University of Lagos, Evans Brothers) pp. 123–4.

    Google Scholar 

  39. Labour Division, Dar es Salaam, Annual Report, 1959, p. 11.

    Google Scholar 

  40. Note that a separate law — the Settlement of Disputes (East African Common Service Organization Employees) Act, no. 4, 1965, came into force in September 1965. It covers employees in Kenya’s four unions — Railways African Union, Union of Posts and Telecommunications Employees, Common Services African Civil Servants’ Union and the Kenya African Customs Workers’ Union.

    Google Scholar 

  41. Section 18a of the Trade Disputes Act, no. 15, 1965, Cap. 234.

    Google Scholar 

  42. Ibid., section 9(1). Note that under the 1964 Act (no. 9) there were seven members, viz. President (appointed by the Chief Justice), 2 independent members, and 2 members each representing CCTU and FKE, all appointed by the Minister for Labour.

    Google Scholar 

  43. Section 29 of the Trade Disputes Act, no. 15, 1965, Cap. 234.

    Google Scholar 

  44. This refers to the old (1963) constitution. The law must now apply to the 1979 constitution. For the relevant provisions see the Trade Disputes Decree, no. 7, 1976, section 15(3).

    Google Scholar 

  45. Section 1(1) of the Trade Disputes (Essential Services) Decree, no. 23, 1976. For an elaborate treatment of this subject and the circumstances leading to the proscription of the 3 unions see Fashoyin T. (1981) ‘State Regulation of Trade Disputes in Essential Services in Nigeria’, (Relations Industrielles, 36(1), pp. 202–22.

    Google Scholar 

  46. In Tanzania, as well as in Kenya, there are other legislations which, in their practical enforcement, provide significant legislative control of the power of trade unions in the country. Examples are the Trade Union Act, 1962, and the Civil Service (Negotiating Machinery) Act, 1962.

    Google Scholar 

  47. Section 8.

    Google Scholar 

  48. For more see Jackson, ‘The Disappearance of Strikes’.

    Google Scholar 

  49. Section 6(5) of the Permanent Labour Tribunal Act, 1967.

    Google Scholar 

  50. Nyalali, F. L. (1975) Aspects of Industrial Conflicts: A Case Study of Trade Disputes in Tanzania 1967–1973 (Nairobi: East African Literature Bureau) pp. 3–4.

    Google Scholar 

  51. Sections 18b(c), 19 (d) (ii) and 20 (c) (ii). See also section 33.

    Google Scholar 

  52. Trade Disputes (Essential Services) Degree, no. 23, 1976, Sections 2 and 3(1).

    Google Scholar 

  53. Section 28(b) of the Trade Disputes Act, no. 15, 1965, Cap. 234.

    Google Scholar 

  54. Section 13 of the Permanent Labour Tribunal Act, 1967.

    Google Scholar 

  55. This was the general pattern in the years before 1950. For example, in Nigeria between 1946 and 1948 the average number of strikes was 19.7. There were, of course, a few cases, such as in 1949–50, when the number of strikes was 46, although this was due to the unsatisfactory wage award. See Kilby ‘Industrial Relations and Wage Determination’, p. 495. In Tanzania 52 strikes occurred in 1949 (see Labour Division, Dar es Salaam, Annual Report, 1949).

    Google Scholar 

  56. Ministry of Labour, Nairobi, Annual Report, 1955, p. 156. Note that this strike led to the Windham Commission Inquiry whose awards and recommendations led to a significant change in the anti-union policy of the colonial labour administrators.

    Google Scholar 

  57. Labour Division, Dar es Salaam, Annual Report, 1960, p. 11.

    Google Scholar 

  58. For full details of this conflict see Mihyo, ‘Industrial Relations in Tanzania’, pp. 243–7.

    Google Scholar 

  59. For more on the impact of party guidelines on workers militancy see von Freyhold, M. ‘Notes on the Tanzanian Industrial Workers’, Tanza-nian Notes and Records, nos. 81 and 82, June 1978, p. 20;

    Google Scholar 

  60. Mwapachu, J. V. ‘Motivation Theory and Workers Productivity in Tanzania: Field of Transition’, Indian Journal of Industrial Relations, 13(3), 339–69;

    Google Scholar 

  61. Mwansasu, B. U. ‘Commentary on Mwongoro wa TANU 1971’, The African Review, 1(4) 9–27.

    Google Scholar 

  62. Nyalali, Aspects of Industrial Conflicts p. 182.

    Google Scholar 

  63. Ministry of Labour and Social Services, Nairobi, Annual Report, 1963, p. 6.

    Google Scholar 

  64. Stewart, F. (1979) ‘The Tripartite Agreements in Kenya’, in Ghai, D. and M. Godfrey (1979) Essays on Employment in Kenya (Nairobi: Kenya Literature Bureau) p. 176.

    Google Scholar 

  65. Ibid.

    Google Scholar 

  66. Ibid., p. 177.

    Google Scholar 

  67. Ministry of Labour, Nairobi, Annual Report, 1959, pp. 13, 58.

    Google Scholar 

  68. Three years — 1951, 1954 and 1961 were not included so the averages were based on a 13-year period.

    Google Scholar 

  69. Fashoyin, T. (1982) ‘Settlement of Trade Disputes: Are we Following the Rules?’ (unpublished; Department of Industrial Relations and Personnel Management, University of Lagos).

    Google Scholar 

  70. For example 45 per cent of all breaches against the law and collective bargaining in 1970–71 were upheld by the Ministry of Labour (see Federal Ministry of Labour, Lagos, Annual Report, 1970–71 para. 135, p. 22).

    Google Scholar 

  71. Muir, J. D. and J. L. Brown (1975) ‘Labour Legislation and Industrial Relations: The Kenyan Case’, British Journal of Industrial Relations, 13(3), p. 339.

    Article  Google Scholar 

  72. See, for example, Labour Division, Dar es Salaam, Annual Reports, 1953, p. 23.

    Google Scholar 

  73. See, for example, some anecdotes in Aire, J. U. (1970) Industrial Conflict in Nigeria and its Implications for National Labour Policy (unpublished Ph. D. dissertation; Graduate School of Business Administration, New York University).

    Google Scholar 

  74. Labour Division, Dar es Salaam, Annual Report, 1962, p. 8.

    Google Scholar 

  75. Muir and Brown, ‘Labour Legislation’, p. 339.

    Google Scholar 

  76. To some extent the Ministry of Labour in Nigeria performs this functions.

    Google Scholar 

  77. Ministry of Labour, Nairobi, Annual Report, 1971, p. 7.

    Google Scholar 

  78. Ibid., 1974–76.

    Google Scholar 

  79. International Labour Office (1972) Employment, Incomes and Equity in Kenya (Geneva: International Labour Office) pp. 263–4.

    Google Scholar 

  80. Nyalali, Aspects of Industrial Conflicts, pp. 3–4.

    Google Scholar 

  81. Ibid., p. 3.

    Google Scholar 

  82. Ministry of Labour, Nairobi, Annual Report, 1974, p. 8.

    Google Scholar 

  83. For more on these issues see Jackson, ‘The Disappearance of Strikes’.

    Google Scholar 

Download references

Authors
  1. Tayo Fashoyin
    View author publications

    You can also search for this author in PubMed Google Scholar

Editor information

Editors and Affiliations

  1. University of Lagos, Nigeria

    Ukandi G. Damachi (Professor of Industrial Relations and Dean of the Faculty of Business Administration) (Professor of Industrial Relations and Dean of the Faculty of Business Administration)

  2. University of Cologne, West Germany

    Hans Dieter Seibel (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations) (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations)

  3. Society for the Advancement of Research on Developing Countries, Cologne, West Germany

    Hans Dieter Seibel (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations) (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations)

  4. Nigerian Institute for Social and Economic Research, Ibadan, Nigeria

    Hans Dieter Seibel (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations) (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations)

  5. University of Lagos, Nigeria

    Hans Dieter Seibel (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations) (Professor of Sociology, President, Research Associate, Visiting Professor of Industrial Relations)

Copyright information

© 1986 Ukandi G. Damachi and Hans Dieter Seibel

About this chapter

Cite this chapter

Fashoyin, T. (1986). Management of Industrial Conflict in Africa: a Comparative Analysis of Kenya, Nigeria and Tanzania. In: Damachi, U.G., Seibel, H.D. (eds) Management Problems in Africa. Palgrave Macmillan, London. https://doi.org/10.1007/978-1-349-05478-7_9

Download citation

Publish with us

Policies and ethics

Search

Navigation