The right to strike is of course a fundamental human right. The rights is about to be granted in its fullest in the upcoming constitution which awaits ratification soon.
The country has in its recent memory seen two main strike actions. One was by taxi drivers in 2007 to protest the hike in petrol while taxi fares remained frozen. The other was today by teachers across the country demanding higher wages and better service structures.
While being placed at the eve of a new constitution which launches human rights, civil liberties and fundamental freedoms in their entirety, every reasonable Maldivian would believe in the right to strike. I am no exception.
The Half
I am amongst those who understand and appreciate the reason on the part of the teachers to strike today. This one day long industrial action shut down many schools across the country, and impacted several others.
What we went through today, both in support of the teachers and in support of the students, and looking at it from a national perspective, the incident sharpens the need to understand the legal issues and good practices surrounding the exercise of the fundamental right to strike.
Unfortunately, most often than not, we get to focus on half of the right. We have little time or reason to believe in the fuller picture and obligations and regulatory mechanisms that go along with the exercise of the right. We often fail to understand the full right in its own worldview.
I saw no media cover that side of the story. If we know that "strikes are possible in other countries, we might as well have one" cannot be the attitude we have about our right to strike.
The Logic
The rationale behind the right to strike is that humans are not machines or slaves or serfs. They work under a contractual employment which dictates obligations for both the employer and the employee. By signing a contract of employment, they do not enter into slavery or serfdom. They enter into the relationship as an equal part of the bargain. They can withdraw their labor in case the bargain is not kept as agreed between the employer and the employee.
The right to withdraw one's labor is the crux of the right.
The extent to which strike is possible varies largely from country to country, even in the most developed word. The right may be enshrined in their constitutions or laws, but the actual right in its exercise is subject to several restrictions and variances and processes.
The Issues
Several issues come to the mind when we talk of the exercise of the right to strike:
1. Is a strike a breach of the contract of employment?
2. Can the employee be dismissed with or without notice, with or without compensation, or penalized in any form?
3. Can one strike singularly or in association with others?
4. Can a person strike with or without involving a trade union? Or should it always be carried out through unions?
5. What is the relationship between employers, employees, collective bargaining, and collective action?
6. What are the rights of the trade unions in relation to the employees or the employers?
7. Does it allow the right to withdraw labor only, or other rights like the right to assemble, free expression, and representation of the working population?
8. What is the role of the media while a strike action is on?
9. Can strikes happen eve if there is no enterprise bargaining system or collective bargaining system in place?
10. Can the right to strike be available right away at industry level by passing other recognized forms of bargaining, that is to say enterprise or union or collective bargains or mediation or binding arbitration?
11. Can it happen while a contract is in force or can it happen only before a contract is signed or after it has expired on in between two contracts?
12. How do we allow the right to strike while being engaged in essential services; who determines those services; and why is there the need to protect essential services from breaking down?
13. What are the alternatives to strike like binding arbitration procedures; can all in an essential service join a strike; or can the work be totally stopped; is there any minimum notice period?
The Need
These are all serious issues we would need to legislate upon, and understand when we allow a right to strike.
Of course, the right being enshrined in the upcoming constitution is noble for a country like Maldives as some countries even in the developed world recognized this right as recently as two decades back.
The right being protected is fine as every body agrees. It is the actual exercise of the right on the ground that gets tricky and people differ on the shape and size of the right.
That is why several questions need to be answered, at the appropriate time, and in the appropriate manner, before we get excited about the right to strike. But then I understand the reasons for the excitement too.
Comments (13)
It was never about the right to strike. It was an eruption of a profession ("the teaching force") brought to their knees.
Posted by Shihab | July 2, 2008 1:07 AM
Posted on July 2, 2008 01:07
Classic symptoms as a "fledgling" democratic government goes through its birth pains. It will be many months or perhaps years, before many people understand the futuristic stuff thats in the post.
Posted by . | July 2, 2008 1:08 AM
Posted on July 2, 2008 01:08
While not directly related to the topic ... with regards to the high salary paid to the upper echelons of government ...
I *believe* the major problem is not the high salary/benefits paid to ministers or their deputies but the high number of un-deserving people who got huge promotions (and salaries) due to their political connections.
I, for one, believe that Ministers/MPs should be paid high salary. I cried the day the Governor of Maldives Central Bank was awarded a paltry 30,000 salary by the parliament.
But their is no excuse for 4 deputy ministers + state ministers + 5 executive directors and so forth.
Best Regards.
Posted by Riyaz | July 2, 2008 12:30 PM
Posted on July 2, 2008 12:30
dunno much about legal part. but the strike and the talk has led the government to consider the fact and a PAY COMMISSION is made in overnight. Thus proving any thing is possible.
The main problem is thins are not planned, instead done to sole problems and these actions solve the problem temporarily or cause more problems....
With todats technology and with the highly educated civil servants in the GOvernemnt, the performance shall be far better than this....
Posted by ibu | July 2, 2008 1:53 PM
Posted on July 2, 2008 13:53
When are you going to educate the current goverment on the rights of people.Just like the current budget was passed to do everything that has been promised every five years for the past 30 years.For the people who have been deprived of the most basic rights every cause is just.Right now I'm not sure of what a "budget deficit" is and when does 3 years of waiting become such a short notice. Please start your education process at the top and then come down to the people.
The goverment should understand the rights the people have been promised.
Posted by chiken | July 2, 2008 3:48 PM
Posted on July 2, 2008 15:48
the teachers strike for me is a good example of excercising the right to strike in its most decent and effective way. they tried to negotiate, it fell on deaf years. they gave a clear and definite time period. nobody gave a damn. then they went for the strike. and only one day. and they are back. they have made sure their voices are heard now. State media covered it. majlis debated it. a commission has been formed. and things now seems to be at least rolling. all this could have been avoided if the people responsible for these things have actually done something worthwhile in the past instead of sitting and warming their chairs.
For all those who are reading this blog, did you guys know that some preshool and primary teachers who earn around MRF4000/- a month spend about mrf2000/- on photocopying and half of that on other stuff to produce teaching material for their students. some schools are more linient that if the teachers bring paper they can use the school photocopy machine. and half the time that machine is not working.
Did you know that iskandhar school has only one printer for all the teachers to use. now imagine if the teachers had to wait for their turn to use this printer the academic syllabus for the yesr will never be covered. Now compare this with all other civil service institutes. yeah its sad. its pathetic. its shameful.
As a parent i was quite happy to forgoe yesterdays schooling for my son, in order to give an opportunit for my son's guiders words to be heard. and if needed more i will happily take part. i'd rather have a happy and energized set of teachers to educate my children than a sulking, unhappy and irresposible set of teachers.
Posted by hassan | July 2, 2008 4:10 PM
Posted on July 2, 2008 16:10
Dear Nasheed,
I fully support the actions of the teachers. I also know for a fact at least is Iskandar School that the teachers had planned for supervision of all the classes in their absence, with the help of prefects and in some cases help of parents who were more than happy to support them. As this was a well organised acton, probably same would have been in other schools. This action alone proves that the teachers care for our children.
What many do not appreciate is that a teacher's job is a job which requires a lot of sacrifices. Their work is not over when they leave the school. Preparation for the next day's lessons, marking of home work and class test papers are all done in their "free" time at home.
I don't think anyone will dispute that the current salaries paid to teachers are enough for them to make ends meet. They have knocked on all possible doors without success before they went on this unprecedented move.
Priorities should be right. Our teachers are the most deserving and really need a raise to their wages and this should have been done without us having to see them on strike.
Posted by Ahmed | July 2, 2008 6:59 PM
Posted on July 2, 2008 18:59
I don't support strikes as a means to achieve an end. Ends should be achieved and targets should be met by using rational means. In this sense, I believe strikes as an irrational method to achieve an objective.
Having said that, however, I do like to point out that teachers' strike was an emotional explosion. All types of explosions as a means to achieve an end is used by strategists only in times when all the other attempts fail. Although the strategists from one side unleash an explosion, it explodes and damages the target when explosion experts at the receiving end fail all attempts to restrict or evade the explosion.
Therefore, whenever there is a successful explosion, the whole fabric is also damaged. In times of explosion, there is always an emergency situation and things are done to minimise the damage. Hence, there is no time to think or debate or get answers to your 13 questions.
Posted by azak | July 3, 2008 2:53 PM
Posted on July 3, 2008 14:53
In hospitals, when junior doctors strike, the senior doctors, consultants and surgeons step in and do the job. The patients cannot be left to suffer.
So, when teachers strike, the supervisors, the headmasters, principals and in Maldives' situation, the permanent secretary , the education minister and several other education ministry's sector junior and senior staff who are all very qualified teachers should step in and fill in. They should step in and do the little bit they can, no matter whether their work was symbolic or not. The students should not be left to suffer. If they don't step in, then that means they don't mind to see the students suffer.
Posted by azak | July 3, 2008 3:03 PM
Posted on July 3, 2008 15:03
Teachers going for strike is Ok as I also do feel they are under paid. Its OK as long its done for good and worthy cause.
I dont believe that the Majlis members are worthy of that big salary.
Posted by Amjad | July 3, 2008 4:02 PM
Posted on July 3, 2008 16:02
Do you think that the rumour of Dr. Shougee's resignation confirmed the by President's Spokesman, is in line with the logic you have presented here for a Strike and that there can be a contractual agreement that stipulates the obligations of parties! And it is so unlike you to have kept quiet on the subject and not make a comment about it. When are we going to hear your side of the Story! After all, you are ex-officio Spokesperson of the Government.
Posted by Shihab | July 4, 2008 6:49 PM
Posted on July 4, 2008 18:49
Dear Nasheed
"Right to strike" actually nasheed gives us good feed back regarding the right to strike, any have not only the teacher to stand for a strike, many and many sector have to go strike but not because of what if they go for a strike their families suffer more than the teachers. they know they will loose the job immediately specially resort workers.
on behalf of resort workers i want write few thing in my comment, last three decade we have suffer many thing for our right, for better food, Better salary, Batter accommodation , just think about basic salary for junior staff , they have earn just Between MRF 1200 to 1500 or less than this, for our local companies fixed the salary depending on tips, this is not fair, but we cant strike for that, because we still we do not have a better and acceptable labor laws and basic principle,
now maldives gives us freedom of expression , we can talk we can write for ur concern. on behalf of me i want thank MDP and new maldives Movement and Specially you, Because After the new maldives movement and Nasheed after joined the government we feel these youngsters will fight for right, they did it but also many thing have to be done we hope it.........
slavery or serfdom = is not acceptable in our new generation, but still we have it, we have to sweep it as soon as we can, it will ,we can change , we will
will continue soon
thanks
man of the sea
Posted by hameed | July 5, 2008 5:18 PM
Posted on July 5, 2008 17:18
The views emanating from the fountain of human rights are full of contradictions.The minister says right upfront that 'The right to strike is of course a fundamental human right' and then stressing the importance of adhering to contractual agreement is blatant contradiction.
Posted by gg | July 6, 2008 9:18 AM
Posted on July 6, 2008 09:18