Labour Relations in the Export Processing Zone: Challenges for Organized Labour edited by Funmi de!urni t Friedrich Ebert Founda nert. 1o part of this publication may be reproduced, stored in a retrie0al system or transmitted by any means, electronic, mechanical, photocopying, recording or other!is.
Labour Relations in the Export Processing Zone: Challenges for Organized Labour edited by Funmi de!urni t Friedrich Ebert Founda nert. 1o part of this publication may be reproduced, stored in a retrie0al system or transmitted by any means, electronic, mechanical, photocopying, recording or other!is.
Labour Relations in the Export Processing Zone: Challenges for Organized Labour edited by Funmi de!urni t Friedrich Ebert Founda nert. 1o part of this publication may be reproduced, stored in a retrie0al system or transmitted by any means, electronic, mechanical, photocopying, recording or other!is.
edited by Funmi de!umi Labour Relations in the Export Processing Zone: Challenges for Organized Labour edited by Funmi de!urni t Friedrich Ebert Founda nert"#$ % &&' ()(*+ #,- Copyright . Friedrich Ebert Foundation/ ll rights reser0ed/ 1o part of this publication may be reproduced, stored in a retrie0al system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or other!ise, !ithout a !ritten permission of the copyright o!ner/ First Published +&&2 3#41 &25 ' 6*6()/6 '2 Published by the Friedrich Ebert Foundation, Lagos Printed by/" Colour Printers Limited Plot /+6, 3ze lyamu #treet, Oregun 3ndustrial Estate 37efa ' L 1igeria/ Fore!ord One de0elopment strategy that has generated so much contro0ersy, especially in respect of its implications for !or7ers8 !elfare and industrial L relations8: practice in general, : is the' export'dri0en industrialisation model that is encapsulated8 in the Export Processing Zone 9EPZ: scheme/ ;enerally concei0ed to boost exports, in0estors are usually offered a lot of incenti0es by the host country, including the relaxation of con0entional labour legislations,!hich are too pro'labour/ Export processing zones thus become encla0es !here !or7ers rights are put ih abeyance, <e0elopments in many EPZs across the !orld confirmed this 0ie!/ 3t is partly in response to this that there has been an interest in examining the social and !or7ing conditions in the EPZs/ =he 1igerian go0ernment appears committed 9at least going by the amount of money in0ested so far: to the ta7e'off of the EPZ scheme/ ;i0en this preparedness and ta7ing a cue from the experiences of other countries !here the scheme is on, it is appropriate to consider in detail the labour relations issues in0ol0ed and the challenges posed to !or7ers in the context of the EPZ/ >e do not ha0e to !ait until problems arise before addressing them/ pro'acti0e stance can be ta7en/ 3t is against this bac7ground that in ?arch +&&2 9on the @)th and @2th:, the Friedrich Ebert Foundation, in partnership !ith the 1igeria 3ndustrial Relations ssociation, organised a !or7shop on the themeA BLabour Relations in the Export Processing Zone: Challenges for Organised LabourB/ =he !or7shop !hich held in Calabar, home of the premier EPZ in 1igeria, attracted participants from the trade unions, employers8 associations, the academia as !ell as the 1igerian Export Processing Zone uthority/ =he collections in this 0olume are presentations put together for the benefit of a !ider audience/ !ide range of issues are raised by the different authors/ =hese include an o0er0ie! of the EPZ as a de0elopment strategy, industrial relations issues !ithin the context of the EPZ 9and this from a comparati0e perspecti0e:, the rele0ance of international labour 3 standards to employment relations and the maCor issue of protecting !or7ers8 rights/ 3t is hoped that these !ould eDuip trade unions officials and !or7ers generally to face the challenges posed by the peculiar nature of operations in EPZs/ Finally, 3 !ish to seize this opportunity to than7 all those !ho contributed to the success of the Calabar !or7shop and,by extension, this publication, most especially, participants and the paper !riters as !ell as the 1igeria 3ndustrial Relations ssociation for their efforts, 3 ha0e no doubt in my8 mind that readers !ill find this 0olume 8a 0aluable addition to the existing literature on the subCect matter8of this boo7/ ;erhard >endEer, Resident Representati0e, Friedrich Ebert Foundation, Lagos, 3F " =able d CGptents Page Fore!ord i0 =able of Contents ' ' ' 0i Chapter One Export'<ri0en 3ndustrialization: n O0er0ie! of the Export Processing 9EPZ: #cheme 1igeria @ Chapter =!o Ensuring Compliance !ith 3nternational Labour #tandards in EPZs +( Chapter =hree 3ndustrial Relations in the EPZ: Learning from the Experiences of other Countries +2 Chapter Four 3ndustrial Relations in Export Processing Zones: =he Experience of #ri Lan7a @2 Chapter Fi0e Protecting >or7ers8 Rights in the Export Processing Zones 9EPZs:: Challenges for the Labour ?o0ement *2 iii Chapter One !E Export'<ri0en 3ndustrialization: n O0er0ie! of the Export,Processing 9EPZ:,#cheme in81igeria by Prof/ 7pan H E7po <epartment of Economics $ni0ersity of $yo,,$yo, 7!a 3bom #tate, 1igeria/ 3ntroduction #ince the mid/+&)(s, se0eral de0eloping countries implemented policies designed to stimulate exports, of non'traditional manufactured goodsA One type of this export promotion effort is the establishmentA of export processing zones 9EPZs:/ #e0eral/EPZs !ere created in the early +&2(s and by:the +&5(s, about 6I existed in sia alone/ EPZs are increasingly becoming important in the export promotion crusade of de0eloping countries/ n EPZ is a special encla0e, outside a country8s normal customs barriers, !ithin !hich8 in0esting/ firms, mostly foreign, enCoy special
treatmeht >ith respect to imports of intermediate goods, :company taxation, pro0ision of infrastructures and freedom from industrial regulations applying else!here in the country/ =hough details may 0ary, a uni0ersal feature in EPZs B is the almost complete absence of either taxation or regulation of imports of 3ntermediate goods into8 the8 zones/ =hese pri0ileges aresubCectto%the%donditions that almost all of the output produced are exported and that all imported intermediate goods are utilised fully !ithin the zones or re'exportedB 9>arr, +&&(: 6(:/ Follo!ing the problems in the 1igerian economy created by the mismanaged, !indfall from petroleum and the, failure, of the,A import 0 =his 8footloose8 character of firms operating !ithin EPZs, that is, their substitution industrialization strategy 93#3:, policy'ma7ers began to concei0e of establishing an EPZ for the country as a !ay of promoting industrialization through exports/ =raditionally, 1igeria exports ra! materials 9agriculture and mineral resources: to de0eloped countries, 3t !as anticipated that the earned foreign exchange !ill be utilized in de0eloping and modernizing the economy/ fter se0eral decades, 1igeria 8 still remains essentially an export'based economy/ >hat is sad is that the exports are still in ra! form/ =herefore, the 0arious8 policies, programmes and strategies including the 0arious incenti0es ha0e not altered the export of ra! materials and import of finished goods feature of the economy/ Partly due to this, go0ernment decided to create an EPZ to encourage the export of manufactured or semi'manufactured goods/ =his chapter is an o0er0ie! of this de0elopment strategy/ part from the introduction, section '@ discusses some 8conceptual 8 issues highlighting the special features of EPZs/ 3n section 6, the Calabar Export Processing Zone is examined !hile !or7ers !elfare in the context of EPZ is analysed in section */ #ection I concludes the global mobility and capacity to adCust output rapidly in response to changing conditions has been ignored by most of the existing theoretical !or7 on the subCect/ =hus, the conclusion more often is that EPZs are necessarily !elfare'reducing for countries establishing them/ =he economic literature on EPZs centre on their benefits and costs/ EPZs are closely monitored by host go0ernments and !hen compared !ith data 8a0ailable for other public8 proCects in de0eloping countries, there exist a paucity of information/ ConseDuently, empirical !or7s on EPZs are still scanty/ Features of EPZs =he detailed features of EPZs 0ary, but the follo!ing are almost uni0ersal and can be used in describing a typical EPZ/ i:/ Gu6Ja! materials needed for the production of exports may be imported duty'free/and !ithout regard to any Duantitati0e restrictions existing in the domestic economy/ lso, products may be exported !ithout i chapter/ payment of export taxes, aesl dutieshomef ih9hostK ecoun country s butythe Conceptual issues Export processing zones88or free 8trade zones are special encla0es ,outside a country8s normal customs barriers !here foreign or domestic firms may manufacture or 8assemble goods for export !ithout paying the normal custom duties on ra! materials8 and exported8 products/ =he economic acti0ities ta7ing place !ithin EPZs ha0e8 been labour' intensi0e/light manufacturing processes such as electronics assembly, garment production, assembly of light electrical goods, among others/ n important feature of firms operating !ithin EPZs is their international mobility, =urno0er, is often high and firms lea0ing an EPZ in one country mo0e to an EPZ in another, in !hich, perhaps, conditions are more fa0ourable/ =his 8footloose8 character of firms operating/ !ithin EPZs, that is, their global mobility and capacity to adCust output rapidly in response to changing conditions has been ignored by most of the Eexisting physically located any!here processing acti0ities underta7en !ithin them occur 8outside8 the country if the Curisdiction of normal customs pro0isions is considered/ =hough goods produced !ithin8 EPZs may not normally be sold !ithin the domestic economy, reCected goods by foreign buyers can be sold domestically !ith permission/ 3n0ariably, this type of sale !ill displace imports !hich !ould ha0e occured from other sourcesA and often attract normal custom duties/ EPZs firms8 purchases of ra! materials and intermediate goods from !ithin the domestic economy are freDuently subsidized so as to encourage bac7!ard lin7ages bet!een EPZ firms and the domestic economy, =hese subsidies are other!ise 7no!n as 8rebates8 or %dra!bac7s8 and 8 they8 often counteract the effects of domestic protection, * @ iiK smax incGmahGLtdJ: 3n most cases, temporary exemptions 8 from normal income'tax pro0isions are freDuently "8fered, !ith duration lasting from three to ten years/ 1ormally, EPZ is negotiate successfully for continuation of tax holidays/ t times, they threaten to relocate if tax holidays are not granted/ iii: R s e bumamrm: EPZ firms are often pro0ided !ith streamlined customs/ documentation reDuirements for imported ra! materials and8 capital goods and exported final products/ ?ore often, a special branch of customs is usually established to mediate bet!een EPZ firms and the go0ernment/ =he idea is to minimize EPZ firms8 administrati0e costs and to pre0ent8 unnecessary and costly delays/ =he extent to !hich these bodies are empo!ered to act on behalf of the go0ernment differs/ EPZ firms are, can then rent floor space/ #uch rates are again generally lo!er than commercial industrial ones else!here in the country/ lternati0ely, intended EPZ firms may lease land !ithin the zone and construct their o!n buildings/ >hat is described abo0e is the general characteristics 8of EPZs/ Ho! then does the Calabar Export Processing Zone in 1igeria,fits into this general picture/ Calabar Export Processing Zone =he apparent successes recorded in some sian countries notably =ai!an and the Republic of Morea !ith EPZs prompted 1igerian policy' ma7ers to consider establishing EPZs in 1igeria/ 3t !as belie0ed that EPZs !ould 88 attract foreign in0estment thereby contributing to the gro!th of the economy/ +&5(, ;ills 1igeria Ltd/, a firm, of consultants, carried out a generally exempted from the follo!ing regulationsA restrictions on repatriation of profitsA restrictions on the employment of foreign Hence, in feasibility study and recommended, the establishment of an88 EPZ 1ine8 years / after, the go0ernment nationals in managerial, super0isory and technical rolesA and reDuirements for special appro0als for the importation and installation of labour'sa0ing capital eDuipment/ #ometimes EPZ firms may be granted access to the host country8s allocation of imports/ i0: 4etter infrastructure and subNidized utilities: n EPZ usually consists of a fenced area !ith a perimeter and gates around 88the Calabar port/ recommended a re0ie! of the ;ills report gi0en the long internal and cost 0ariations due to the changing, economic situation/ ne! study !as conducted by a consortium of $13<O and $1<P experts bet!een 1o0ember +&&( and Lune +&&+/ =he submission of ,this/ report led to the formation of an inter/ ministerial committee charged !ith the responsibility of drafting the EPZ legislation/ =hereafter, experts !ere +&&+, go0ernment policed by customs officials to pre0ent duty'free materials from being appointed to complete the feasibility study, 3n 6* formally establishing the EPZ, and smuggled into the domestic economy, ccording to >arr, 9+&&(: +6I: B !hile infrastructural facilities such as roads, and telephone and telex communications are normally superior to/ those outside, they are generally inferior to those found in the industrial area of de0eloped countriesB/ $tilities are more often subsidized/ Electricity tariffs are especially important in this regard since light manufacturing enterprises are hea0y users of electrical po!er/ promulgated <ecree 1o/ pro0iding for the appointment of the 1igerian Export Processing Zone uthority 91EPZ: to handle its implementation/ total area of +I@,((( hectares close to the Calabar port complex has been set aside to ser0e as the permanent site of the first EPZ in 1igeria/ =he foundation stone of the EPZ !as laid on 1o0ember ++, +&&+/ ;o0ernment inaugurated an implementation tas7 force in ?arch +&&@ !ith the responsibility to o0ersee 0arious aspects of the proCect/8 Rates charged !ithin EPZs are freDuently belo!, and ne0er abo0e, industrial rates else!here in the host country/ =he role played by EPZs in promoting industrialization and 3n addition, EPZs include standard construction factory/ buildings, constructed and managed by go0ernment authoritiesA in0esting firms manufactured exports has al!ays been contro0ersial/ ;o0ernment has allocated huge funds for/the realisationA of EPZ in 1igeria/ s at the 3t 3 I first Duarter of +&&2 about 1@/I billion has gone into the proCect/ For the most part, the Calabar EPZ has met almost all the con0entional =able '+/ ?anufactured x Ports as a Proportion of =otal Exports, +&5@' &@ 1o: Jear ?anufactured Oil Exports reDuirements for it to ta7e'off/ For example, in +&&I, go0ernment allocated about 16 million for the pro0ision of facilities in the free trade zone/ =he economic en0ironment in the last three years has been fa0ourable for the ta7e off of the EPZ/ =he rate of inflation is around @@OA the exchange rate regime is stableA interest rate is no! mar7et determined and budget deficits ha0e been curtailed, =hese indices should attract foreign in0estors to use the facilities pro0ided by the Calabar EPZ/ 3n the +&&I budget, any export processing factory in a bounded export zone !as entitled to an accelerated first year +((O capital allo!ance claim on its Dualifying building and plant expenditure !ithout any restriction to full claim of capital allo!ances in any year of assessment/ Furthermore, in the +&&2 budget, plant and machinery imported for use in the EPZ are exempted from F=/ =his is to encourage in0estment in certain preferred sectors of the economy/ lot of resources has gone into the EPZ scheme hence, society could benefit/ =he Calabar EPZ !ill generate employment, increase incomes of firms, result in the establishment of auxilliary 0entures 9bac7!ard and for!ard lin7ages: and contribute positi0ely to the economy of Cross Ri0er and neighbouring states/=he state of manufactured exports in 1igeria indicates the need for an EPZ/ Ho!e0er, in spite of !hat appears to be a fa0ourable economic climate foreign in0estors ha0e not sho!n enough enthusiasm in the scheme/ gain as at ?arch, +&&2 only t!o firms !ere on the 0erge of ta7e'off, >hat appears to be an impediment is the inclement political climate in the country/ Performance of manufactured exports in 1igeria, =able 3 belo! sho!s the performance of manufactured exports in 1igeria/ For the entire period, manufactured exports as a proportion of total exports !as less than +O, On the other hand, oil export continues to dominate, =he establishment of the EPZ in Calabar is aimed at increasing the share of manufactured exports, =he Exports as a O of as a O of =otal8 total Exports Exports/ +&5 (/+) &2/+ +&56 (/+@ &*/@ +&5* (/+) &I/( +&5I (/(2 &)/2 +&5) (/(* &6/+ +&52 (/I+ &I/6 +&55 (/)( &+/@ +&5& (/II &*/& +&&( ' (/)2 &2/( ,+&&+ (/&@ &)/@ +&&@ (/I6 &2/5 #ource: Lerome, L/ and / deni7inCu B=rade Policies and the Promotion of ?anufactured Exports in 1igeriaB in 1E#, +&&I, p/ @((/ Export Processing Zone and !or7ers8 !elfare 3t is necessary that the !elfare of !or7ers be addressed in the Calabar EPZ/ =here is a general tendency for firms in the EPZ to exploit !or7ers ' pay lo!er !ages and do not pro0ide necessary facilities li7e adeDuate medical, care/ >or7ing conditions in EPZs ha0e been !idely criticized by scholars from industrialized countries/ =he criticism centres on harsh !or7ing conditions and lo! !ages/ =his situation !as disco0ered in a study on !or7ing conditions in Phillipines8 4ataan EPZ/ =his ought to be a0oided in 1igeria hence, it is useful that from the start a cordial !or7ing relationship should exist bet!een/!or7ers and employers/ 3ndustrial peace is neceassry for sound EPZ that !ill stimulate gro!th in the economy/ =his issue is treated more elaborately in Chapter I/ ) 2 5 Conclusion rasurmg Com llanc !ith 3nternation, al Labour #t n a ds n EP =his chapter has examined export promotion in the context of EPZs/ =here is no doubt that the Calabar Export Processing Zone has some of the basic features of any EPZ in the !orld, 1onetheless, there is need to continue to de0elop the basic infrastructure/ ;o0ernment should as a/ matter of urgency commission the Calabar EPZ/ 3t !ill enhance the economic acti0ities of the area and neighbouring states/ =here is need to state that firms operating !ithin the EPZ must ensure industrial peace/ =he surest !ay of achie0ing this is to pro0ide basic facilities and incenti0es for !or7ers/ 3ndustrialization through EPZ should not negate the !elfare of !or7ers/ References E7po, /H/ 9+&&I: Openness and Economic Performance in 1igeria: =ime #eries nalysisB in 1igerian Economic #ociety 9+&&I: ansl EeGrgrCie/<e0el>r$ tLO 1igg 3badan, #teps'head, Federal ;o0ernment of 1igeria/ nn gLL *gP &I arzdQ+ Lagos,Federal ;o0ernment Press/ Lerome, / and / deni7inCu 9+&&I: B=rado/EGLL ies and the PrG/mG9fgn f anut turd xu rx/ n 1iserLaB 3n 1igen n: ;otGmics Ropiety, op,cit, ?iluer, P/ 9+&&(: 9ed/: ESp&rf P romoti gn +geQeO/=he&ncQand by Cynthia Jinusa 9?rs/: 1ational Programme Officer, 3LO, rea Office, Lagos introduction For'practical purposes an EPZ is seen as a clearly delineated industrial estate !hich constitutes a free trade encla0e in the customs and trade regime of a country and !here foreign manufacturing firms, producing mainly for export, benefit from a certain number of fiscal8 and financial incenti0es/ =he maCor interest of the modern8 EPZ concept lies not so much in the in0ention itself, as in the !orld'!ide diffusion to de0eloping countries rather than to the more industrialised countries of Europe and 1orth merica, 3n +&2(, there !ere some ten de0eloping countries throughout the !orld !ith at least one B#hannon'styleB EPZ/ 4y +&5), their number had reached a total of *)/ 3nformation a0ailable indicate that more than half the countries classified by the $nited 1ations as Bde0elopingB are acti0e in the EPZ business/ 3n frica, the early starters include ?auritius, Liberia, #enegal and =ogo/ Others !ho ha0e since Coined the band !agon are =unisia, Egypt, ?adagascar, =anzania, Cameroon, ;hana, 1igeria, Zaire and Menya/ Others li7e Zimbab!e, Cape Ferde, Ethiopia, 1amibia, ?ala!i, ?ozambiDue, E/0Qid Cmyr g , 1e! Jor7, Har0ester >arr, P/ 9+&&(:Exp rot Pg@gne 8, in ?iluer, C/ '9ed: op/cit/ >orld 4an7 9+&&@: Country Economics <epartment/ >heatsheaf, Zambia, #eycheilles and #outh 8frica/ are de0eloping their programmes/ =he modern EPZ should rightly be considered an 3rish in0ention, Faced !ith8 the ineluctable decline of #hannon international irport, caused by the8 ad0ent of the Cet airliner !hich, unli7e iteB% Gpeller"dri0en +( predecessors, no longer needed to refuel ,on the trans8'atlantic flight, the 3rish authorities decided in +&I& to transform the airport area into a free trade zone and attract foreign firms to set up manufacturing facilities in the area/ =he reasoning behind this !as that the firms !ould help to replace the Cobs lost as a result of the airport8s decline, pro0ide ne! employment opportunities in !hat !as then a some!hat industrially underde0eloped economy, and through the export by air of industrial products !ith a high 0alue added, gi0e a ne! lease of life both to the airport and the national airline/ #ubseDuent e0ents pro0ed the 0alidity of this approach/ 3n +&)(, its first year of operation, the #hannon free trade zone sa! the creation of **( ne! industrial Cobs, and by +&2I !as employing o0er 6,5(( people 9!ith a pea7 of *,2I( in +&2(:/ s for the airport itself, the total number of employees rose, from +,@I( in +&)( to @,@(( in +&2I/ Employment in these zones ha0e8 gro!n from about I(,((( in +&2( to, o0er +/6 million in +&5)/ ;lobal employment in EPZs gre! by &O8 bet!een +&2I and +&5) and by +*O bet!een +&5) and +&&(/88 >ith the expansion in the number of EPZs spread all o0er the !orld, aggregate employment in these zones has hit the 6/I million mar7/ =his figure does not include China8s Bspecial economic zonesB !here bet!een +* and *(/ million !or7ers are employed/ 3nternational labour standards r =he significance of international labour standards stem from the 3LG8s aims and purposes/ 4y its constitution, the 3LO is committed to see7ing the realisation of certain normati0e obCecti0es, !ith a 0ie! to ensuring that all <uman beings, irrespecti0e of race, creed or sex, ar able to pursue their material !ell being and their spiritual de0elopment in conditions of freednr' anal dignity, economic security and eDuality/ , ll member/states by 0irtue of their membership/, ha0e a common responsibility to !or7 to!ards the attainment of these goals// , 3nternational labour standards are central, to, the acti0ities/ of, ,the 3LO/ O0er the years, the i go0ernments , of / member #tate s /and their employers8 and !or7ers8 organisations ha0e built up a system of international standards in all !or7'related matters, such as the abolition of forced labour, freedom of association, eDuality of treatment and opportunity, employment promotion and 0ocational training, social security, conditions of !or7, pre0ention of >or7'related accidents, maternity protection, minimum age for entering the labour mar7et, and protection, of migrantsA and categories: of !or7ers such as seafarers, fishermen, nursing personnel or plantation !or7ers/ 3n Lune of each year, after considerable preparatory !or7, representati0es of go0ernments and employers8 and !or7ers8 organisations of all member countries meet in the 3nternational Labour Conference in ;ene0a to adopt or re0ise those standards !hich !ill become international labour Con0entions or Recommendations/ =hese international instruments, !hich deal !ith people and their !or7, are binding on countries !hich ratify them/ =he, international labour standards/ ha0e been a, source of guidance and inspiration for formulating labour, and social policy, in the 0arious countries, ,, =here are also a series 8of resolutions, conclusions and codes ,ofpractice adopted by the 3nternational Labour// Conference or technical meetings of 3LO such as those of industrial committees or meetings of experts !hich ser0e as social policy guidelines and supplement the international labour standards/ 4ased on reports submitted to the 3LO, the8 standards thatBare 8of special rele0ance td export processing zones include: Freedom of ssociation and Protection of the Right to Organize Con0ention 52 9+&*5:/ Establishes8 the right of all !or7ersEemployees to form and Coin organisations of/ their: o!n choosing !ithout prior authorization,/ and lays do!n a series of guarantees for the free functioning of organisations !ithout interference by the public authorities/ Right to Orggh se and Collecti0e 4argaining Con0ention 1o/ &5 9+&*&:/ Pro0ides for protection against/ anti'union, discrimination, for protection of !or7ers8/ and employers8 organisations against acts of interference by each other, and for measures to promote collecti0e bargaining/ ++ Labour 3nspection Con0ention 5+ 9+&*2: #ets out the mechanism to secure the enforcement of the legal pro0isions relating to the conditions of !or7, and the protection of !or7ers !hile engaged in their !or7 9including hoursA safety, health and !elfare:/ ?aternity Protection Con0ention +(6 9+&I/ #tipulates that at least +@ !ee7s8 lea0e should be granted the concerned !or7er,and also pro0ides that an employer may not dismiss a !oman !hile she is on maternity lea0e or gi0e her notice of dismissal at such a time that it !ould expire !hile she is on lea0e/ Human Resources <e0elopment Con0ention +*@ 9+&2I:/ ReDuires the adoption and de0elopment of comprehensi0e t programmes of 0ocational guidance and training ta7ing account of employment needs and the le0el of economic obCecti0es/ =he programmes are to enable all persons !ithout discrimination, to de0elop and use their capabilities to !or7/ Ensuring compliance Resolution ,@&, adopted by the Fourth =ripartite/, =echnical ?eeting for the Leather and Foot!ear 3ndustry, called for the full application of 3LO standards in EPZs to be ensured and for the promotion of the =ripartite <eclaration of Principles concerning ?ultinational Enterprises and #ocial Policy/ =he =ripartite <eclaration pro0ides, among others, that all rele0ant international labour standards, notably Con0entions 52 and &5 must be respected by multinational enterprises/ =he implementation of these standards in EPZs are subCect to constant super0ision by the 3LO/ Each member country agrees to present periodically to the 3LO a report on the measures ta7en to8 apply, in la! and in practice, the rele0ant con0entions !hich it, has' ratified, 8 =he go0ernment reports are examined by the Committee of Experts on the pplication of Con0entions and Recommendations, composed of some t!enty independent, eminent figures in either the legal or social field and !ho are also specialists in labour matters/ =he committee submits an annual' report to the 3nternational Labour Conference, !hich is closely examined by a tripartite committee composed of go0ernment, employers and !or7ers members/ 3n parallel !ith this mechanism of regular super0ision, procedures !ritten into the 3LO Constitution also contribute to respecting the system of international labour standards/ 4y 0irtue of its constitution, the 3LO !as established in/particular to/ impro0e !or7ing conditions and to 8 promote8 freedom of association8 in its member states/ ConseDue8ntly, the matters dealt !ith by the 3LO in8respect of !or7ing conditions and freedom of association can not 8 be considered to be undue interference in the internal affairs: of a so0ereign state, since such issues fall !ithin the mandate that the 3LO recei0ed from its members/, =hus, !hen a state decides to become a member of the organisation, it accepts the fundamental principles embodied in the Constitution and the <eclaration of Philadelphia, including the principles of Freedom of ssociation/ =his in effect means that all member/ #tates are expected to respect the minimum standards of trade union rights enshrined in Con0entions 52 and &5, and other basic human rights, no matter the le0el of de0elopment of the country concerned/ Employers and !or7ers8 organisations can also lodge complaints !ith the 3nternational Labour Office on a member state8s noncompliance !ith a Con0ention it has ratified, 3f the complaint is Cudged: recei0able by the 3LO ;o0erning 4ody, it appoints a tripartite committ ee toA study the Duestion/ =his8 committee, thereafter, submits a report con0eying its8conclusions and/recommendations to the ;o0erning 4ody// ?oreo0er, any8lnember country can lodge a complaint !ith the Office against another member country !hich, in its o!n opinion, has not ensured in a satisfactory manner the implementation of a Con0ention !hich both of them ha0e ratified/ =he ;o0erning 4ody has the option to establish a Commission of 3nDuiry to study the Duestion and present a report on the subCect/ =his process may also be set in motion by the ;o0erning 4ody itself orT/on the complaint of a delegate 8to, the Conference, +@ +6 employment !ith employees that include !age scales, minimum =he Commission of 3nDuiry formulates recommendations on measures to be ta7en, if necessary/ =he go0ernments concerned then ha0e three months to accept these recommendations/ 3f they do not, they may submit the disagreement to the 3nternational Court of Lustice/ 3f a member state/ does8 not comply !ith the recommendations of the Commission of 3nDuiry or !ith a decision of the 3nternational Court of Lustice !ithin the stipulated period, the ;o0erning 4ody may Brecommend to the Conference such action as it may deem !ise and expedient to secure compliance there !ithB/ 3n addition, the super0isory system of the 3LO includes a' standing tripartite committee of the ;o0erning 4ody8 responsible for examining special complaints concerning freedom of association and the right to organise/ Rights, !hich as earlier stated, ha0e a central place in the 3LO constitution, Conclusion =his chapter has briefly loo7ed at the emergence of EPZs and international labour standards that are of special significance to this sector based on the reports submitted to the Committee of Experts/ =he measures used for ensuring compliance !ith these standards ha0e also been highlighted/ $nfortunately, the information pro0ided to the Committee of Experts and the Freedom of ssociation Committee of the ;o0erning 4ody ha0e been 0ery negligible/ =rade unions do not seem to ha0e free zones specialist capacities to pro0ide expert inputs into EPZs/ =his may/ ha0e resulted in the 0ery limited use of the 3LO super0isory mechanism to ensure that international labour standards are complied !ith in EPZs/ /3t has, ho!e0er, been/ obser0ed that as a result of the 3LO8s persistence in !or7ing to!ards the implementation of international labour standards in member, states 9including EPZs:,, EPZ legislations are becoming consistent !ith these standards/ " For example, 8the ;hana Free Zone legislation reDuires employers to Bnegotiate and establish contracts of !or7ing hours, employee suspension and dismissal, settlement of disputes/// and other such terms of employment !hich shall be consistent !ith 3LO con0entions on !or7ers8 rights and conditions of ser0iceB/ ;hana still !ent a step further by ensuring the representation of ;hana =rade $nion Congress on the Free Zones 4oard/ =he 4oard8s Committee on 3mmigration and Labour is 8expected to Bensure compliance of zone de0elopers,and operators !ith /3LO Con0entions on !or7ers rights, conditions of ser0ice as !ell as other labour reDuirements in the Free Zone Regulation 5+)+B/ $nfortunately many member states ha0e not been as protecti0e of labour standards in the EPZs, infact some ha0e denounced their ratification of 3LO Con0entions/ #ri Lan7a denounced its ratification of Con0ention 5& on 1ight >or7 in order to encourage foreign enterprises in the EPZs 9this decision is further explained in chapter four:/ =here is, therefore, 8 a lot of !or7 that needs to be done to sensitize trade unions, and other sta7eholders on the challenges posed by/ export processing zones to trade unions/ =hey should also be made a!are that they can a0ail themsel0es of the super0isory machinery !ithin the 3LO/to enhance the conditions operating !ithin these encla0es/ 3t is my hope that trade unions in 1igeria !ill transform themsel0es from being passi0e obser0ers of the national EPZ scheme into pro'acti0e players, // References ;eorge 4oagye:BChallenges po/sedQby fre/eQtrade zonesto =adQQllnions/in ricaB Paper presented at the +CF=$E;=$C Regional Conference on organising >or7ers in EPZs, ;hana +&&)/ 3LOE$1C=C: Economic U #ocial Effects of/ ?/ultinational/Ente/rprises in/// /Export proce/singQZ,ones/9+:/ 3LO: =ripartite <eclaration/ of Principles Concerning/ ?ultinat iona l/Enterprlse 3LO Fact #heet/ +) ,ti +* +I #edondlyA it is not an o0erstatement tc explain here that the o0erall probability of success of the 1igerian, EPZ ProCect is also closel8 3ndustrial Relations in the EPZA Learning from t e Exp:grfences 0uier t,uunirres by <r #egun ?atanmi ssociate Professor of #ociology, Lagos #tate $ni0ersity, OCo, Lagos/ #ecretary ' =reasurer 1igeria 3ndustrial Relations ssociation,8 3ntroduction Fundamentally, the raison d8etre for the creation of export processing zones 9EPZs: cannot be o0er'emphasised, particularly as a 0iable, mechanism for the desired acceleration of 8 socio'economic de0elopment processes in underde0eloped countries and additionally8 for theA obCecti0e of sustainable human 8de0elopment 9#H<:/ For, example, the 1igerian EPZ proCect that !as initiated in +&&+ !as primarily a de0elopment strategy to attract8 necessary in0estment capital into the country through both foreign and local sources, and ultimately for the composite obCecti0es, among others, of: " increasing the production of exportable goods, especially from the non'oil sector'!hich by impEication, in0ol0es the strategic de0elopment and expansion of the production base of the agricultural and solid mineral export sector,, " creating labour employmentA and associated !ith the8: status of industrial relations climate and organizational beha0iour much as a battery of other critical success8 factors' such as the nature of macro'economic policies, the larger en0ironment of politics and go0ernance, strategic resource management, flexibility'ha0e been identified in the literature relating to the subCect'matter/ 4ac7ground scenario of the international economic system and realities of globalization/ 3n spite of the relati0ely ne! and on'going dispensation of global order, 9than7s to the positi0e de0elopments of general globalization, such as the more rapid/ integration and greater openness and flexibility of a larger number of the national economies, as !ell as the implicit opportunities and challenges:, the political and economic dimensions of these de0elopments are hardly fa0ourable to the frican countries and, indeed the/ generality of underde0eloped countries/ For example, !hile the unsustainable burden of external debt particularly necessitated the !idespread adoption of mar7et'oriented economic policies by the underde0eloped countries generally, and the greater trade, in0estment and technology flo!s, ha0e also further unified cross'national mar7ets, the de0elopment gap bet!een sub'#aharan frican countries and the industrial countries, has actually !idened 9see 0arious issues of Human <eueCopment Report +&&(/+&&)/: #tatistical corroboration for such a finding is further pro0ided e0en by comparison !ith the parallel rates for the more faster'gro!ing de0eloping countries of East sia/ For instance, the real ;<P per capita in sub'#aharan frica !as @/+, (/* and ' +/@O respecti0ely for the broad periods of +&)I/+&26/5( and +&5('5&/ 3nstead, the East 9e/g/ ?alaysia, =hailand and Morea: ha0e been " generating foreign exchange 9see l7pf, +&&*: sian countries associated !ith figures of )/@O respecti0ely for the I/6, */&/ and =o date, it is appealing that the 0ision9s: of a premier EPZ proCect at Calabar and the Onne Free Port are about to be realized, +2 same designated time period abo0e/ ;ranted that the East sian countries ha0e been able to achie0e that appreciable gro!th rate of real ;<P' through their adoption of mar7et'dri0en de0elopment strategy, it is a further e0idence of the reality that the less de0eloped economies are far from being monolithic on accounts of their existing +5 + le0els of de0elopment/ 3t is also a general affirmation of the inherent ineDualities in the emergent pattern of the ne! international economic order 9=he >orld 4an7, +&&I: @*&A%FaCana, +&&)A ?atanmi, +&&)a:/ 3n general terms, a do!n!ard trend had been associated !ith the gro!th of frican economies 8 since8 the +&2(s/ ?oreo0er, the longitudinal trend for sub'#aharan frica has generally declined, also specifically from +&5( to +&&6 9see =able + belo!:/ s further depicted by the statistical table, the composite data on all lo!'income economies 9excluding China and 3ndia:, !hich indicate a modest positi0e a0erage gro!th in the same period, ha0e actually portrayed ho! !orse8 off the frican sub'region has been/ =he o0erall implications of that statistical sho!ing/ are that the frican countries 9especially #ub'#ahara: are predominantly lo!'income economiesA and the fall out of a general trend of economic deterioration has been the lo! standard of li0ing and Duality of life in the generality of these countries/ 3t should be recognized that the present economic crises in frica is attributable to a combination of internal and external factors that range from structural economic constraints8 and the mostly unfa0ourable terms of international trade, to the huge debt burden 9FashoyinU?atanmi,+&&):*@/*6:/ =able /, Cross'country profile of annual a0erage percentage gro!th of the ;<P for frica in the Lo!'income group as compared to global corn arable rou +&2('+&&68 Country of Region +&2(/5( +&5( '&6 +/ 4enin @/@ @/2 @/ 4ur7ina Faso */* 6/2 6/ 4urundi 6/+ 6/)+ */Central frican Republic @/* +/( I/ Cote d8l0oire )/5/ )/+ )/ ;ambia */I @/* 2/ ;hana '(/+ 6/I 5/ ;uinea 6/2 &/ ;uinea 4issau @/*8 */5 +(/ Menya )/* 6/5 ++/ Lesotho 5/) I,I +@/ ?ala!i I/5 6,( +6, ?ali */2 +/& +*/ 1iger (/) (/) +I/ 1igeria */) @/2 +)/ #ierra Leone +/R +/+ +2/ =anzania 6/( 6/) +5/ =ogo */( (/2 +&/ Zambia +/* (/& @(/ Zimbab!e +/) @/2 @+/ #ub'#aharan frica 9excluding #outh frica: 6/5! +/)! @@/ ll lo!'income Economies excluding China and 3ndia *,6! I/2! Mey ! F !eighted a0erage 9#ource: 8 =he >orld 4an7, >orld <e0elopment Report +&&I, >ashington, <C/: Oxford $ni0ersity Press, +&&I:+)*'I:, 3n 0ie! of the abo0e, the more feasible a0enues for the achie0ement of economic reco0ery in: the, frican countries appear to lie in the follo!ing: " the formulation and acti0ation of sound macro economic policiesA " the pursuit of the de0elopment of good infrastructures'!hich also ha0e their multiplier effects across sectors in these countriesA " the attention to human resource dimensions of the acti0e de0elopment of reliable and s7illed labourA and again " the absolute concern about the achie0ement of social and political stability, 3n particular, it has been argued that frican countries ha0e generally not benefitted much from the trend of economic globalization and the liberal international trade patterns because of the absence8of the/ abo0e +&, mentioned critical de0elopment agents or factors/ ?ore specifically, there is an urgent need for the frican countries 9or go0ernments: to create fa0ourable operating en0ironments for the particular attraction of necessary in0estment capital and, eDually, the reduction of capital flight/ One parallel global de0elopment that further compounds the frican predicament is the on'going economic reconstruction of former centrally planned economies 9e/g/ former #o0iet $nion: !hich has intensified the competition for direct foreign in0estment in frica 9FaCana, +&&):/ enough to further promote labour mar7et and employment flexibility, !hich is pro'gro!th and pro'employment/ For example, labour mar7et flexibility tends to be more associated !ith faster gro!th of outputs and total employment gro!th 9Rama:, +&&I: @*2, @)@'@)IA ?atanmi, +&&)b: @6'@):/ =he EPZ ConceptEEndustrial relations connecti0ity s one of the critical/ inputs in the operation of EPZs is the labour resource, it is then ob0ious !hy industrial relations is crucial in the context of EPZs, Hence, the sharpening of existing apparatuses of production in the frican countries, !ith all its implications in terms of the necessary creation of conduci0e climate for competiti0eness and optimization are all necessary conditions, if the frican countries are to benefit much, or at all, from the emergent open opportunities in the !a7e of the continuing global integration of trade and in0estment/ 4ut, it is obser0ed that these countries are still a long shot from the model economies of the East sian countries ' !hich !as alluded to earlier/ =he attribution for the latter8s success story has been their ability to explore and utilize the 0arious opportunities of the ne! international economic order/ =he structural reforms in their countries Bha0e permitted the in'flo! of capital to reinforce the effects of open trade still generally lac7ing in the maCority of frican countries, especially south of the #ahara but excluding #outh frica/ 3nstead, economic globalization and trade liberalization ha0e actually increased their marginalization, unli7e the greater economic integration of the East sian countries in the global economyB 9FaCana, +&&):/ =herefore, by and large, the possibility of economic reco0ery in the frican nations 9especially including 1igeria: appears to generally hinge on the extent of institution'building, through / capacity'building and enhancement, better natural resource processing and management 9including the establishment of EPZs: and the complementary measures of 8promoting organizational performance and producti0ity/ =hese also call for a regime of labour mar7et and other institutional policies, '/ such as the de0elopment of small'scale enterprises 9#?Es:-and a greater role by the business sector in economic acti0ation, ' that are flexible 3t is also little !onder that the employment relationship is a matter of foremost concern in this discussion: for instance, the 0arious dimensions of suitable !or7force, !or7ing time 9in terms of normati0e hours, o0ertime, lea0e, etc/:, general !or7ing conditions, including fringe benefits, !ages and other remuneration, and the sensiti0e issues of labour8s right to organisation and collecti0e bargaining/ EPZ profiles all o0er the !orld ha0e tended to sho! practical 0ariations and peculiarities: for example, most are intolerant of labour/ acti0ism, !hile a fe! 9e/g/ ?auritius and #ri Lan7a: actually encourage unioinism as a chec7 and balance/ For specific illustration, the follo!ing cases are cited: a: =ur7ey >or7ers are forbidden to stri7e during the first +( years of operation of an EPZA disagreements must be settled by binding arbitrations8 b: 4angladesh ' =he go0ernment suspended union acti0ity in the Chittagong EPZ in +&5IA national labour la!s do not apply in the EPZs c: Pa7istan ' =he go0ernment bans stri7es in its EPZ in Marachi/ 3n +&5I, the go0ernment of Pa7istan had told the 3LO that the ban !as adopted Bto meet the condition laid do!n by multinational organisations before ma7ing in0estments in the countryB/ =hat claim 8prompted a $/# <epartment of Labour delegate to the +&5I 3LO Conference to call the stri7e ban a Bdeplorable situationB, and to ad0ise the Pa7istani delegation that Bgo0ernments ha0e an obligation ' to resist those 7inds of pressuresB @( @+ the technological reDuirement, the possession of positi0e !or7 ethic d: Morea ' $ntil the democratization process of mid'+&52, Morea legally restricted the right to form unions and bargain collecti0ely in its t!o EPZs/ lthough these restrictions !ere lifted in +&52, and that country8s largest EPZ became an acti0e centre of union organisation and stri7e action, the Morean go0ernment in ugust +&5& re' introduced restrictions on stri7es by ruling that EPZ firms are Bpublic interest companiesB " implying the restriction of labours8 right to stri7e, and imposition of mandatory arbitration in almost all cases of industrial conflict 9#ource, $#8 <epartment of Labour, >or7ers8 rights, in/ Export Processing ZonesA 4ureau of 3nternational Labour ffairs, P/ 2, >ashington <C, +&5& ' +&&(:/ 4e that as it may,/ the direct interface of EPZs and industrial relations is also manifested in the follo!ing areas: PrGdtiVTVlximperQatieQaftdthe multiplier 4y simple calculus, greater marginal producti0ity in the EPZs should generate 0alue'added output, and, thus create additional demand for labour/ 9ii: rnploy/ment/generatiGOQpOteCfial and/ industrial discipline, as !ell as !illingness to accept the Bgoing !age ratesB 9see <ror, +&5*: 2():/ 3nternational and comparati0e e0idence on EPZs r/ ?auritiras =he EPZ ProCect in ?auritius too7/ off some @2 years ago, in +&2(/ =he EPZ output in, that country is,outstanding, gi0en,,a record of high ratio of/industrial employment and of EPZ exports to total exports/ 4ut on the !hole, there are no significant labour la! differences bet!een the ?auritanian EPZ and the rest of the country, concerning regulation of industrial relations or trade8union acti0ity 9<ror, +&5*: '2(5:/ @/ /a7istan =he practice here reflects one extreme, in !hich there is the absence of labour 8relations regulations 9e/g/ exemption:, or the denial of minimum 8!age protection in the EPZ/ =hus, labour matters that reDuire collecti0e a8ction by nature 9e/g/ collecti0e bargaining: cannot be accommodated in indi0idual contracts of employment, and therefore are8 completely unregulated in Pa7istan8s EPZs 9<ror, +&5*: 2(&:/ 6/ P 8=he a0ailable data on the existing EPZs, particularly in frica 9Egypt, ;hana, ?auritius and =unisia:, sia and the Pacific 9China, Hong Mong, and #ingapore:, as !ell as Latin merica and the Caribbean 94razil, hilippines =his presents another extreme practice of comparable regulation, as opposed to /the Pa7istani model/ =hat is, for a number8 of the labour la!s, 88 <ominican Republic, ?exico and Puerto Rico: ob0iate any further explanation about their employment effect 9see 3LO ?ulti <ata 4ase in 3moisili, ed/ +&&*: 22'5(:/ =hus, the Duantitati0e or economic aspect of employment in EPZs is appealing and uni0ersally ac7no!ledged/ Rather, EPZs ha0e'often been criticized more than complimented for their employment effect particularly on the ground of the seemingly B pro0isions are of general application and not confined to EPZ enterprises, For example, in the 4ataan EPZ in that country, the, trade unions are particularly strong 9&ror, +&5*: 2(&:, */ Rri Lan7a, Here, the ;reater Colombo Economic Commission 9;CEC: is/iin control, similar to 8 1igeria8s 1EPZ 91igerian Export Processing Zones exploitati0eB, conditions of this employment 9<ror, +&5*:2+:: 9iii: C ate of industrial relations and'go0ernance 9of the uthority:/ 3n #ri Lan7a, no, pro0ision is made forcollecti0e bargaining 'political en0ironment: certain measure of labour mar7et flexibility is often considered ideal for the successful operation of EPZs/ =his is also considered a general function of social and political stability, the absence of militant trade unions,/ or e0en, the opposition from unions to the establishment, of EPZs, the a0ailability of an abundant labour force that is adaptable to B3 or similar negotiations bet!een employers and trade unions/ >hene0er trade disputes arise, they are resol0ed by the Commission, lea0ing no room for a bipartite settlement or collecti0e relations 9<ror, +&*: 2+@'6:/ Lessons for the 1igeria EPZ +/ =here is a need for some semblance of democratic machinery for the achie0ement 9or pursuit: of synergetic collecti0e relations !hether by the mechanism of !or7s councils or other appropriate apparatuses/ @/ >hile EPZs should be empo!ered or enabled to pursue their intended obCecti0es, part of this enabling en0ironment should be the guarantee of baseline standards in conformity !ith accepted norms and international standards of humanistic !or7ing conditions and the Duality of !or7ing life 9G>L:/ 6/ =here is need for utmost caution not to promote the Bsacred co!B or Bspecial classB syndrome in a !Dy that the labour employed in the 1igeria EPZs are treated specifically or differently from other labour groups or sectors/ =he 1igerian labour organisation must not be bal7anised, such that segments from different sectors are pitted against one another, simply on the basis of differential regulation, etc/ */ For no!, it appears !e can only conCecture about !hat !or7ing life and industrial relations in the EPZs of 1igeria may loo7 li7e/ Ho!e0er, in the short to medium term, !hen obser0able patterns !ill coagulate, the local EPZs !ill constitute good grounds for formati0e research on the emerging trends in industrial relations, not only in terms of employment policies and practices, but also the contour of the associated labour mar7ets, !age profile comparisons, the dynamics of aggregate sectoral emT8,//,AB8nnt, as !ell as the scope of human resource de0elopment and institution 'building/ References FaCana, Olufemi 9+&&)::B;lobal Economic En0ironment and the 1e! >orld Economic OrderB/ Paper deli0ered at the #eminar on the theme: Labour management Relations under Economic Recession, organised by the $ni0ersity of Lagos, +*/+I 1o0ember/ Fashoyin, =ayo U ?atanmi, #egun 9+&&):, B<emocracy, Labour and <e0elopment: transforming industrial relations in fricaB, 3ndustrial Relations Lournal: 9=he European Lournal of nalysis, Policy and Practice:, 0ol/ @2 1o/ +, ?arch %&)/ 65/*&, 37pi, / 9+&&*: B=he Export Processing Zones #cheme in 1igeriaB, in 3moisili, 3/C/ 9ed/: 3ndustrial/ Relations in the EPZ, Lagos: 1EC, pp/ 6I/*6/ ?atanmi, #egun 9+&&)a::B3ndustrial Relations in <e0eloping CountriesB, in >arner, ?alcolm, 9ed/: 3nternational Encycl/opediaQof 4usinessQandQ?anagemQent, London: Routledge/ ?atanmi, #egun 9+&&)b:: B re0ie! of #tate Role in Producti0e Employment ;eneration in a =ransitional Economy:A in FaConyomi, 4anCi 9ed/:, =opical 3ssues in 1igerian Publicdministraton/,///Lagos: Olu"7in Publishers, pp/ +2/6(/ Rama, ?artin 9+&&I:: B<o labour mar7et policies and institutions matterP: =he dCustment Experience in Latin merica and the Caribbean, Labour 9Re0ie! of Labour Economics and 3ndustrial Relations #pecial 3ssue, pp/ @*6@)5/ $# <epartment of Labour: >or7ers/ rights in//EPZs 4ureau of 3nternational Labour ffairs, >ashington <C, +&5&'&(/ @) @* +2x @I Chapter Four 3ndustrial Relations in Export Processing Zones: =he Experience of #ri Lan7a by Leslie >iCetunga <irector of 3ndustrial Relations, 4oard of 3n0estment of #ri Lan7a/ 3ntroduction =he concept of Export Processing Zones 9EPZs: originated in 3reland in +&I& !ith the setting up of the #hannon Free =rade Zone/ =he concept !as concerned !ith employment and the de0elopment of the manufacturing exports and !as designed to attract a portion of the flo! of international in0estment into the country 9Melleher, +&2):/ EPZs ha0e been defined as !ell organized encla0es !ith sophisticated infrastructure and other facilities, !hich are ready for occupation by in0estors/ =hese encla0es pro0ide the flexibility necessary for the enterprises to lin7 !orld!ide production facilities to their global mar7ets/ study carried out by the 3nternational Labour Office 93LO: and the $nited 1ations Centre on =ransnational Corporations 9$1C=C: in +&5) re0eals that there are around +& different terms in use in the English language to describe these economic encla0es/ #ome of the more popular terms are Export Processing Zone, Free =rade Zone, 3n0estment Promotions Zone, Export Free Zone, 3ndustrial Free Zone and #pecial Economic Zone 93LO, +&55:/ EPZs ha0e multiplied rapidly during the last 6( years/ ccording to the >orld Export Processing Zone ssociation8s 9>EPZ: 3nternational <irectory, there are I@) EPZs and F=Zs in the !orld and )2 national go0ernment authorities regulating such EPZs and F=Zs/ =he de0eloped countries ha0e adopted the EPZ concept to increase their production facilities and mar7ets !hile the de0eloping countries ha0e loo7ed unto the idea to di0ersify their economies and to find employment opportunities for the large number of unemployed in their countries/ =he case for EPZs in #ri Lan7a 3n #ri Lan7a successi0e go0ernments ha0e in0ested hea0ily in human capital/ Free education is pro0ided from the 7indergarten through the uni0ersity le0el/ =echnical education is pro0ided through a net!or7 of technical colleges and s7ills de0elopment centres/ =he island has maintained a high literacy rate o0er the last t!o decades as sho!n in =able +/ =able/ +, dult Literacy Rate 9+&I6 +&&I: Jear Percentage +&I6 )&/( +&)6 Q/QW 22/( 8Q/// /// +&2+ 25,I +&5+ 52/@ +&&( +&&I 5&/6 9#ource / <epartment of Census and #tatistics: Ho!e0er, due to the mismatch bet!een educational attainments and the Cob opportunities a0ailable, unemployment had increased during the period +&)6 to +&26/ =he unemployment rate had more than doubled during this period as sho!n in =able @/ @2 =able $nemployment Figures +&)6 ' +&26 ?ales Females =otal Percentage Census +&)6 +&&,*&( )I,*5( @)*,&2( 2/2 Labour force sur0ey +&)5 6+@,((( +I@,5(( *)*,@&& +6/* Census +&2+ *2*,()I +&2,&+2 )2+,&5@ +I/) Labour Force #ur0ey +&26 **),&@& 6*),(2+ 2&6,((( +5/6 9#ource " <epartment of Census U #tatistics: 4y +&26 unemployment had become a maCor issue in the country and the go0ernment had to ta7e meaningful steps to arrest the increasing trend of unemployment/ =herefore, in +&25 the ;o0ernment of #ri Lan7a changed its economic strategy to!ards liberalization and free mar7et enterprise !ith the sole obCecti0e of attracting Foreign <irect 3n0estment 9F<3: into the country to generate the much needed employment opportunities for the labour force and embraced the concept of EPZs as a means to achie0e this obCecti0e 9nnual Reports, Central 4an7 of #ri Lan7a:/ statutory body named the ;reater Colombo Economic Commission 9;CEC: !as established for the purpose of promoting and facilitating foreign in0estments in the pri0ate sector of #ri Lan7a/ 3n +&&@ this statutory authority !as ele0ated to the status of the 4oard of 3n0estment of #ri Lan7a 94(+: and it no!, promotes, appro0es and facilitates industrial and commercial enterprises, both foreign, and local in the EPZs and also outside the EPZs !ith the primary obCecti0e of creating employment opportunities for the large number of unemployed entering the labour mar7et e0ery year, #tatistics re0eal that in #ri Lan7a around 2I,((( school lea0ers enter the labour mar7et e0ery year 9nnual Reports, Central 4an7 of #ri Lan7a:/ @& #ri Lan7a no! has four Export Processing Zones in operation/ =he first EPZ !as established in +&25 at Matunaya7e 9MEPZ: Cust opposite the premier airport in the country and the second EPZ at 4iyagama 94EPZ: in +&5I/ =he Moggala EPZ 9M;EPZ: !as established in the #outhern Region in +&&( and the fourth at Mandy 9M3P: in the Central Region in +&&6/ =here are +I+ enterprises set up by in0estors from around 6( countries in the four EPZs employing a !or7force of 5),+5@ as at <ecember +&&) 94oard of 3n0estment of #ri Lan7a:/ 3n addition to the traditional EPZs most countries allo! the establishment of EPZ structures outside the zones/ =hese are 7no!n as licensed enterprises or non'zone enterprises and they also enCoy the same pac7age of benefits as the EPZ enterprises/ 3n #ri Lan7a there are )5) such enterprises employing a !or7force of +II,255/ =hese include +)6 enterprises !hich come under a special ;arment Factory Programme !hich employs 2),5@+ !or7ers/ =hus, there are 562 enterprises employing @*+,&2( !or7ers 9as at the end of +&&): under the pur0ie! of the 4oard of 3n0estment of #ri Lan7a !hich administers the EPZs/ =he employment opportunities created by the #ri Lan7a EPZs and outside the zone licensed entreprises, are sho!n in =able 6/ @5 6( =able 6 Employment by Location E#ex in EPZs " #ri Lan7a as at 6+/+@, +&&) Location 1o of ProCects 1o/ of Employees ?ales Females =otal Percentage to the Labour Force #ur0ey carried out by the <epartment of Census and #tatistics/ =he most stri7ing feature 0isible in the structure of EPZ employment is the rapid increase in the female participation rate/ Case +5 countries prepared by the 3LO ' $1C=C ProCect 9+&5): Matunaya7e EPZ9MEPZ: &@ &I@) *525@ I56(5 @*O 4iyagama MPZ94EPZ: *5 I((@ +2+I5 @@+)( &O Moggala EPZ 9M;EPZ: ++ *&& I@+I I2+I @O Mandy 3ndustrial Par7 9M3P: Licensed Ent/ I@6 66I6& *I*@5 25&)2 66O ;arment Factory Program +)6 5(@@ )52&& 2)5@+ 6@O 562 I)I55 +5I65@ @*+&2( 9#ource " 4oard of 3n0estment of #ri Lan7a: =he 3ndustrial relations system and employment in EPZs n industrial relations system is largely influenced by the employment situation pre0ailing in the country/ =raditionally the industrial relations systems came into existence as there !as the need to safeguard the !or7ers from the excesses and abuses committed by the employers, Ho!e0er, labour relations ha0e de0eloped to such a degree o0er time, that the present day obCecti0e of an industrial relations system is to create and maintain industrial peace for the benefit of both social partners " the employer and the employee/ Hence, in outlining the industrial relations system in EPZs, the structure of employment in EPZs has to be considered first/ 3n #ri Lan7a the creation of EPZs resulted in bringing do!n the unemployment rate considerably/ 3t came do!n from +5/2O in +&26 to +6/5O in +&&+ and to ++/6O in the first Duarter of +&&) acco rding 6+ studies in ha0e sho!n that the rate of participation of !omen in labour force in EPZ industries exceeds the rate of participation in the outside EPZ manufacturing sector as indicated in =able */ 3n fi0e 9I: out of eighteen 9+5: countries the participation has exceeded 5*O and it is only in t!o countries that the rate had been belo! I(O/ =ableQ* ge of EPZ !or7ers, and share of !omen in EPZ !or7force and in non'EPZ manufacturing industries 9early +&5(s: Country or =he situation in #ri Lan7a EPZs also corresponds to this phenomenon/ ccording to the 3LO study the share of !omen in EPZ industries in #ri Lan7a !as 55O as compared to +2/+O in 1on'EPZ manufacturing/ i ?exico #in a ore Republic of Morea Hong Mong ?alaysia 4razil ?acau ?auritius =unisia Phillippines <ominican Republic ge of +2P2 i !or7ers 25/IO belo! age @2 5IO bet!een @( and 6( I 5 O 5I W bet!een @( and 6( 0erage age @+/2 yrs 0erage age @+/2 55E belo! age @& 2(O belo! Or 2(O bleo! a e @I 55O bleo! age @& 56O belo! a Re @) G3,//rn ,/* !omen in EPZ industrie # ? 22 )( 2I )( 5I *5 2* 2& &( 2* )5 !omen in non"EPZ manufact !ring industries 9O: @*I **6 62I *&6 6@& @*5 *5+ + +( ( *5+ *5+ '+2/) industries/ #tatistics re0eal that bet!een +&2+ and +&5+ male employment in #ri Lan7a rose by +*/*O, 4et!een +&5+ and +&&+ the increase in male employment !as only +@/@O !hile female employment increased by )5O 9<epartment of Census and #tatistics:/ =his steady rise in the female participation rate is attributed to the opening up of EPZs and licensed enterprises under the 3n0estment Programme/ =he female participation in EPZ labour force in #ri Lan7a as at <ecember +&&) is sho!n in =able I/ 3n the #ri Lan7an experience the reason for this increase is the higher le0el of manual dexterity associated !ith the female employees andA/ their ability to adCust themsel0es to the assembly line production system/ t the Matunaya7e EPZ six enterprises !ho experimented found that the !or7ers dropped out after a period of I to ) months/ t least in #ri Lan7a !ages did not play a 0ital role in increasing female participation as both men and !omen get eDual !ages for eDual !or7/ =able I Female parcipation in Labour Force EPZZ ' #ri Lan7a <ecember +&&) =otal Female O 56/2 #ri Lan7a Egypt 3ndia 3ndonesia Lamaica =rinidad and =obago 4arbados + 56O belo! 3ge@) 56O belo! age @) b 56O elo! && @) 56O bl!oe age @) 0erage age /Lay @(s 0erage age early @(s 0erage age early @(s (( +2/+ )5 , +)I 5( &I &( *2& &I +&( +( @5/+ &( +@ MEPZ 9&@: I56(5 *525@ 22/) 4EPZ 9*5: @@+)( +2+I5 M;EPZ 9++: I2+* I@+I &(/5 ;rand =otal 9#ource " 4O3 #ri Lan7a: =he high rate of female participation in EPZ industries also mean a lo! rate of male participation/ =he non'a0ailability of adeDuate Cob' opportunities in the EPZs for male Cob see7ers has had an ad0erse effect on the industrial relations system in the EPZs of #ri Lan7a/ =he tendency for unrest to gro! up!ard among male !or7ers had been 9#ource / Economic #ocial Effects of ?1Es in EPZs " +L(+&55:/ obser0ed/ <iscontentment among male !or7ers due to the nature of Cobs a0ailable for them also has contributed to this situation/ 6@ 66/ nother eminent feature in the labour relations scenario of EPZs is the8 relati0ely lo!8 age of !or7ers employed in EPZ industries/ =he 3LO ' $1C=C study 9=able *: has confirmed this finding in regard to many EPZs in the !orld, sample sur0ey carried out by the sian Regional =eam for Employment Promotion 9R=EP: in +&5I has re0ealed than in Phillipines 55O of EPZ !or7ers !ere under the age of @& years !hile in #ri Lan7a 56O of EPZ !or7ers !ere belo! @) years of age/ 3n ,#ri Lan7a, maCority of !or7ers in EPZ industries ha0e migrated from rural areas and therefore are in employment for a span of I 2 y #ri Lan7a has ta7en cognizance of these inherent characteristics of the labour force in moulding its industrial relations system in the EPZs/ Factors contributing to effecti0e industrial relations e EPZs #ri Lan7a experience 3ndustrial relations system in the EPZs has necessarily to be designed to achie0e the goals of both social patners in production ' employees and employers/ Operations in EPZs industries are directed to!ards8the8global mar7et/ !hen they lea0e for marriage or for better prospects or ears for =he trend to!ards globalization !ill promote more competition and% employment in the #tate sector/ 3t is also found that the maCority of Cob see7ers in EPZ industries are the young school lea0ers !ho do not proceed !ith higher studies/ sample sur0ey carried out in EPZs by the 4oard of 3n0estment of #ri Lan7a in +&&( re0ealed that 25O of EPZ employees belonged to the age group of +5 @5 years/ ' =his also corresponds to the high rate of participation of !or7ers in age groups of @( ' @& years in the 1ational Labour Force as indicated in =able )/ =able ) #ri Lan7a Labour Force Pa rF ticiati on a Rt e b y g e U #eS pP Q =otal ?ale Female ll age groupsQ/Q *&/@ )I/6 )I6 +(/ +*Jrs/ QQ// @/(/// @/( /Q'@/(Q/// +I ' +& Jrs/ @5,( 66/2' ' ' ' @@/* @(/@* Jrs/ 2(/& 56/I I5/& @I/@& Jrs/ 2@/I &6/& I@/I 6( 6* Jrs/ 2(/@ &I/6 *)/6 ors, 2@/( &2/( *5/5 *(/ " ** Jrs/ )5,) &)/)/ *(+* *I '8*& Jrs/ ))/6 &@/( *+/& I(/I* Jrs/ I&/* 5)/@ 6@/6 II " AI& Jrs// *&+ 26 0 @2,@ )( V Jrs/ @@/* 6)/) & ( Duality becomes a pre'reDuisite/ Hence, the performance, of/ the employee becomes a crucial factor/ 3t is only through an effecti0e, and participati0e industrial relations system that/ the/ employee8s performance can be de0eloped to meet the needs of an export oriented industry catering to the global mar7et and dependent hea0ily on production schedules for target/ deli0ery dates/ Employee in0ol0ement !ouldcontribute to higher morale, greater commitment/ and increased producti0ity, Hence, good/ human relations respecting, the fundamental rights of ,the !or7er should be promoted so that, heA and his family are able to lead a, contented life/ =hus the industrial relations system in EPZs should ser0e t!o purposes " achie0e the !ell' being of the employee on the, one hand and facilitate industries to satisfy its mar7et reDuirements on/the other hand/ #tatus of labour legislation in EPZs =he status of EPZs industries relating to the application or exemption from national8 labour la!s is a 7ey feature in the industrial relations system in the EPZA 0ailable data indicate that in many countries the EPZs industries ha0e been exempted from the operation of normal labour la!s/ 4eing economic encla0es the EPZs are designed to operate !ithout inter0ention from national agencies so that, such climate !ould pro0ide an incenti0e for the attraction of FPl/ 3n #ri Lan7a the national labour la!s in the country are applicable to all EPZs industries as !ell, =he guidelines on labour relations issued to 9#ource " Labour Force/#ur0ey,+&&), <epartment of Census U #tatistics: in0estors by the 4oard of 3n0estment of #ri Lan7a !hich administers/ +6 main 'the EPZs clearly state this position/ =here: are around 6* enactments on labour applicable to the industrial sector designed to regulate the employer ' employee relations for achie0ing industrialT peace/ ppendix 9+: lists out these enactments and their obCecti0es/ =he <epartment of Labour super0ises the enforcement of the pro0isions of these statutes and any !or7er in EPZ has the right to see7 redress for the 0iolation of any of these pro0isions8/ rbitraryT termination of ser0ices'is regulated by the =ermination of Employmen of >or7men 9#pecial Pro0isions: ct/ Labour =ribunals established under the 3ndustrial <isputes ct also adCudicate on !rongful termination of ser0ices, =he 4oard of 8in0estment of #ri Lan7a !hich administers the EPZs8also has its o!n administrati0e8 machinery8 to ad0ise and assist the EPZs enterprises in regard to compliance !ith national ' labour la!s/ n effecti0e, machinery to monitor labour relations in/ EPZs n effecti0e machinery to monitor all aspects of labour relations is a prime reDuirement for the success of industrial relations in EPZs/ =he co0erage of employees8 interest under national8 labour la!s, presence of managements from different countries and the8 dependence of the EPZ industries on tight production schedules for8global8mar7ets all lead to the fact that the industrial relations system should function FeryT smoothly/ On'coming problems ha0e to be, identified and correcti0e action ta7en in ad0ance A =he endea0our should be to pre'empt problems and not to !ait untilX they crop up/ #uch early action could be ta7en only if the industrial relations acti0ities in EPZs are monitored/ 0ery closely/ 8 =he #ri Lan7an EPZ, authority Y)(+:8 has its o!n administrati0e8 machinery to monitor the labour relations8 aspects in EPZs/ =he industrial Relations <epartment consisting of officers !ith experience in industrial and human relations attend to8 this8tas7/ =his Lan7an labour la!s/ #uch ad0ice is pro0ided through inter0ie!s, meetings, seminars and pro0iding documented guidelines on labour relations to the enterprises/ @/ to monitor the compliance !ith8 labour la!s regulations and practices by enterprises and pro0ide + ad0ice to rectify any shortcomings found/ Periodic inspections are carried out on labour relations acti0ities of enterprises forthis purpose/ 6/ attend to grie0ances of !or7ers 8 and help employees and managements to resol0e their disputes/ */ 8Promote effecti0e labour management relations bet!een the t!o social partners through dialogue and, consultati0e practices 0is'a 0is, Employees Councils established in enterprises/ I/ to promote employee !elfare and safety/ Practices in the host country 3deally, the industrial relations system in practice in the host country should be adhered to by the EPZ industries/ Foreign enterprises should not be allo!ed to BimportB their o!n rules and regulations'in labour relations if they come into conflict !ith the practices in the host: country/ Expatriate staff sometimes are not able to understand the type/ of life styles of !or7ers in the, host country and as a result conflicts in/ !or7 culture !ill arise/' Further, social limitations in the/ host country ha0e,to be accommodated !ithin the labour relations system at, least to some degree/ dCustments in cultural/ conflicts ha0e to be streamlined through e0ol0ing practices/ acceptable to both social Partners/// #ri/ Lan7a during the early stages of EPZ de0elopment has experienced suchproblems and made adCustments for the benefit of good industrial relations/ =he shift system and night !or7 are t!o such #ri Lan7a denounced its ratification of 3LO administrati0e outfit !or7s in 0ery close liason !ith both8managements crucial areas/ 3n /+&56 5& on night !or7 for female employees to facilitate and employees of EPZ enterprises and facilitate both parties to achie0e industrial harmony/ =he main functions of the 3ndustrial Relations8 <epartment areA +, to ad0ise in0estorsEenterprises on all aspects of industrial relations especially the statutory/ obligations of employers T under the #ri con0ention 1o/ continous/ production for EPZ industries/ Ho!e0er, night !or7, for female employees ha0e 8 been allo!ed only subCect to stipulated conditions and strict super0ision aimed at proctecting the8 health,/ !elfare and social obligations of female employees/ =hese8 6I /6) 62 conditions are listed/belo!/ 1ight !or7: Employment of female !or7ers on night !or7 from conditions/ +(,(( pm to )/(( am on the follo!ing the particular industry/ Hence, e0ery EPZ enterprise has its o!n in' house training centre to cater to this situation/ =raining programmes at EPZs are based at the follo!ing le0els: 9+: !ritten consent of the !or7er to be a0ailable/ 9@: the employer to obtain prior appro0al for night !or7, 96: payment of +/I times the daily rate of !ages for the normal night shift/ 9*: maximum of ten days night !or7 per female !or7er in any one month/ 9I: a !or7er employed bet!een )/(( am and )/(( pm not to be a: ln"plant training:' =raining inputs at plant le0el are pro0ided by the local and expatriate technical staff/ b: #7ills based training gi0en at #7ills <e0elopment Centres throughout the country/ =hese centres are organized on a regional basis and =raining / uthority, =he employed on night shift on same day/ 9): a !or7er employed on night !or7 to be allo!ed an adeDuate period of rest after such !or7/ 92: matronEfemale suder0isors to be present during the shift, 95: canteen, medical and rest room facilities to be made a0ailable/ 9&: transport facilities to be made a0ailable for use in an emergency/ 9source / ;uidelines on labours standards and relations " 4O3E#ri Lan7a:/ Human resource de0elopment policy =he concept of human resource de0elopment 9HR<: is based on the dual conception that !hile the human factor plays a decisi0e role in the: economic and social,/ progress the people are also the intended beneficiaries of de0elopment/ Hence, an integrated frame !or7 for examining the HR< resources in EPZs including manpo!er8 de0elopment, science and technology, Duality of !or7 life dimension has to be established/ =he highly literate and easily trainable !or7force is one of #ri Lan7a8s great assets/ =he EPZ authority 94O3: assists the enterprises in the recruitment of employees through its Employment Placement Centres : !hich facilitates the enterpises to impro0e employment relations/ =raining of employees is an integrated part of the HR<88plan included in the industrial relations system of EPZs/ ?aCority of recruits to EPZ enterprises are school lea0ers and therefore ne! comers to their Cobs/ =he 9R=EP: sample sur0ey of +&5I has re0ealed that 2@O/ of EPZ !or7ers in #ri Lan7a, I@O in ?alaysia and )*O/ in Philippines !ere ne! recruits/ 3n 0ie! of this situation it becomes incumbent on the enterprises to pro0ide them !ith s7ills and methodology reDuired for are managed, by the 1ational 3ndustrial Focational =raining uthority and the <epartment of Labour,: 9c: 1et!or7 of =echnical Colleges !here training at Certificate and <iploma le0els are8 conducted/ 9d: Professional institutes such as 3nstitute of Engineers, 3nstitute of Chartered ccounts, 1ational 3nstitute of 4usiness ?anagement, =extile =echnology =raining 3nstitute/ $pgrading of s7ills and career de0elopment are common features in EPZ industries/ round )IO8 of middle management posts are through promotion of employees from lo!er le0els and there are also personnel !ho ha0e remained in the trade to 8achie0e top management posts especially in the production field/ #ettlement of disputes Conflict is the conseDuences of disagreement/ Employer'employee conflict in industry !ill remain as long as/ there/ are employees/and employers/ >hen industrial conflict gets out of control it does not help both/ social partners/ n effecti0e strategy for pre0enting and resol0ing conflicts depend largely on consultation and collecti0e, bargaining, Creating, industrial harmony in EPZs !ill lead to in0estor confidence and employee !ell' being/ 3n #ri Lan7a the 3ndustrial <isputes ct pro0ides the machinery for settlement of industrial disputes through' Conciliation by the Commisioner of Labour/// @/ Foluntary arbitration/ 6/ Compulsory arbitration/ *( 65 6& */ 3ndustrial Courts =he EPZ industries are a part of the national system and the dispute settlement machinery operates in the enterprises/ =he EPZ authority also assists the employees and managements to arri0e at amicable settlement of their problems/ Guality of life 3mpro0ement of Duality of life of employees is 0ital in any strategy for the re0italization and de0elopment of the economy/ Conditions affecting the employee both, at his !or7ing en0ironment and the socio' economic conditions outside the !or7 place ha0e to be impro0ed Aso that the industry !ill ha0e a contented group of employees/ #tandards relating to !or7ing conditions8 in EPZ enterprises are stipulated in #ri Lan7a, Construction of factories are: allo!ed only !hen it conforms to the statutory reDuirements laid do!n in the Factories Ordinance/ in relation to pro0ision of !elfare facilities to #uitable and adeDuate li0ing accommodation in :the periphery area of the Matunaya7e EPZ !hich pro0ides employment to around )(,((( !or7ers has become a crucial problem to the EPZ authorities/ sur0ey carried out re0ealed that around )(O of the !or7er population li0e out of their homes in boarding houses !ithin a radius of @( 7ilometres from the zone/ Hence, steps ha0e been ta7en to impro0e and ,increase the accommodation facilities in the area by the rele0ant go0ernment authorities and also to non"go0ernment organizations/ Ho!e0er much has to be done in this field as the periphery area has a high concentration of !or7ers/ =ransport facilities in the area alsp haye to be impro0ed toy cater, for the needs of the/increasing !or7force/ =here are enterprises !ho pro0ide transport to their o!n !or7ers// Ho!e0er, the ,!or7er population as !ell as the ci0ilian population of the area /has increased and therefore further impro0ements in transport are necessary/ =rade unions =rade unions had been the traditional form of organizing labour/ $1C=C in EPZs ha0e indicated a lo! rate/ of !or7ers such as meal room, sanitary con0eniences, changing, rooms, adeDuate !or7 space, 0entilation, temperature, medical facilities, safety measures and en0ironmental norms and standard remuneration pac7age/ >or7ing conditions, industrial safety and health are subCect to strict super0ision by the rele0ant authorities and endea0ours are made to promote them in EPZ industries,8 Enterprises also offer numerous fringe benefits to the !or7ers/ 3ncenti0es for production performance, good attendance, free brea7fast, free or subsidized meals, free medical attention,, annual bonus, distress loans and funeral assistance are some of the popular fringe beneflts offered to employees by enterprises/ Health and counseling ser0ices are pro0ided by the medical centres of the EPZs, =hese include out'door and in'door treatment, specialist ser0ices, pre'and post'natal maternity care, nutrition and family health, Guality of life outside the !or7place depends mainly on the socio' economic conditions in the country/ 3nfrastructure in regard to common amenities for the large concentration of industrial !or7ers ha0e to be pro0ided/ #tudies by 3LO unionization in many EPZs/ lthough comprehensi0e information/ is not a0ailable, the sur0eys ha0e :sho!n, the follo!ing rates for some countries/ ?alaysia philipplnes lnaip/ China 3n #ri Lan7a, approximately 6(O of the formal sector is unionized and of these members the maCority consists of the plantation and public sector !or7ers/ ?aCority of unions are affiliated to political parties in the country and therefore unionization and politics go together/ $nder the pro0isions of the =rade $nion Ordinance, any 2, employees can get together and form a trade union/ 3n the EPZs, there are no legal restrictions against forming trade unions/ =he managements had not sho!n a fa0ourable response: to unionization in the present context/ =hey ha0e sho!n agreement to in' *@ *+ house unions !ithout office bearers from outside the industry/ Ho!e0er, it has been obser0ed that unions are gaining ground e0en though the process is Duite slo!, 8 EPZs are8 national/ proCects based on economic and social reDuirements of the host country/ Hence, it is necessary for trade unions to act !ith utmost responsibility and follo!, a constructi0e approach to acti0ities in EPZs/ Commitment and co'operation of both8 social partners is an essential feature for8the success of industrial relations in EPZs/ Formation of Employee Councils as a consultati0e process also has been promoted in #ri Lan7a EPZ enterprises/ ?embers of the councils are elected by the employees through secret ballot/ =he councils ta7e up 8any issues affecting the !or7ers !ith the management/ =he EPZ authority assist the councils and managements to resol0e8, i their problems amicably/ Commitment of Employers Commitment and co'operation of employers to ensure the !ell being of !or7ers is also essential for the success of industrial relation8s in EPZs/ References Central 4an7 of #ri Lan7a,rmualQReports ' BEconomic5s #oc(i E,ffeQcR o?ltiPatioraLEn 't rpses i EPZsB/ 3LO 9+&55: Q%E/mRLoymelltQe dQ?ultinatiorlalsin s/ianEPZsB 9R=EP: 3LO +&5I/ Legislati0e Enactments of #ri Lan7a/ Melleher, =homas 9+&2): BHard 4oo7 on EPZB l aG$//Force//#ueys,/' <epartment of Census U #tatistics #ri Lan7a #tatistics/UQlnfor/Zrietio/G " 4oard of 3n0estment of #ri Lan7a/ B>orld Export Processing Zones ssociationB 9>EPZ: 3ntO(Qt/i&Q7L <r//ectoe[ ppendix + ?ain enactments on labour, industrial sector in #ri Lan7a/ +/ Factories Ordinance Pro0ide for the safety and !elfare of !or7ers in factories 9c:8 ccident Procedure/ EPZ authority in #ri Lan7a ta7es/ numerous steps to create a!areness on industrial relations !ith the EPZ employers/ ?eetings and seminars on HR< are held for this purpose/ ;uidelines on these obligations on labour relations and labour standards are issued to them e0en before the enterprises are set up to help them to get in0ol0ed in the industrial relations process/ =he summary of contents of such guidelines is at ppendix @/ continuous dialogue is maintained !ith the employers to get their commitment to loo7 after the employees in their enterprises/ =he EPZ Employers ssociation also ad0ise their members on the need to be model employers/ 9a: Health U !elfare facilities 9b: 3ndustrial #afety @/ #hop U Office Employees ct Pro0ide for the regulation of employment, hours of !or7 remuneration and connected matters of employees in offices and shops, 9a: >ages 9b: Others terms and conditions 9c: Holidays/ 6/ Employment of >omen, Joung Persons and Children ct/ Regulate the employment of !omen, young persons and children 9a: Employment of children 9b: 1ight !or7 for female !or7ers/ */ 3ndustrial <ispute ct Pro0ide for the pre0ention, in0estigation and settlement of industrial disputes and 9a: Conciliation of disputes 9b: rbitration on disputes 9c: Conclusion 3n conclusion, it has to be stated that the success of industrial relations in Export Processing Zones depend on the commitment8 and the co,B operation extended by the social partners the8 employee and matters connected, Labour =ribunals 9d: Collecti0e 4argaining/ I/ =ermination of Employment of >or7men ct ?a7e special pro0isions in respect of the termination of the ser0ices of !or7men 9b: Retrenchment 9c: employer and the effecti0eness of the monitoring machinery follo!ed to implement the system of industrial relations in EPZs/ for non'disciplinary reasons/ Lay'off/ 9a: =ermination or Closure )/ Employees Holidays ct Pro0ide for holidays to the Public #ector and Pri0ate #ector employees/ 2/ ?aternity 4enefits Ordinance Pro0ide for granting maternity lea0e, ma7ing payments 9a: ?aternity Lea0e 9b: Payments 9c: 1ursing inter0als/ 5/ >or7mens8 Compensation Ordinance Payment of compensation to !or7men for inCury in the course of employment/ 9a: ccident Lea0e 9b: Compensation for inCury 9c: Occupational diseases/ &/ >ages 4oards Ordinance Regulation of !ages and other emoluments of persons engaged in 0arious trades 9a: =erms U Conditions of Employment 9b: Establishment of >ages 4oards/ +(/ =rade $nions Ordinance Pro0ide for the establishment and functioning of trade unions/ 9a: Formation 9b: Registration 9c: Entryto enterprises/ ++/ Employees Pro0ident Fund ct Pro0ide contributory social #ecurity benefits/ 9a: 5O of total earnings by employees 9b: +@O of total earnings by employer/ +@/ Employees =rust Fund ct Pro0ides non'contributory social security benefits, 9a: 6O of total earnings by employer 9b: 1o contribution from employee/ +6/ Payment of ;ratuity ct 9a: 'Half month8s salary for e0ery year of ser0ice for I years and abo0e, pp,en l /@/ Contents 9+: Employment 9@: 1ormal >or7ing <ay and 1ight,>or7 @ 96: Payment of Remuneration 6 9*:/ Holidays */ 9I:8 Lea0e I8 9): #uperannuating 4enefits ) 92: <isciplinary Code 2 95: Health U >elfare 9&: 3ndustrial #afety & 9+(: Employment 3nCury +( 9++: =ermination of #er0ices +( 9+@: 3ndustrial <isputes ++ 9+6: Loint Consultati0e Councils ++ 9+*: Role of the 4O3 +@ *6 ** Chapter Fi0e *& *) Protecting >or7ers8 Rights in the Export Processing Zones 9EPZs:: Challenges for the Labour ?o0ement by <r/ Funmi de!umi ProCect ?anager, Friedrich Ebert Foundation, Lagos/ 3ntroduction #ince the establishment of the first Free =rade Zone 9Export Processing Zone: by the 3rish in +&I& around the #hannon 3nternational irport 93LO, +&55:, the idea has spread !orld!ide, especially among de0eloping countries !ho !ere made to belie0e that this option is a Duic7'fix to the de0elopment problem/ 3n actual fact, in the de0eloping !orld the EPZ model is 0ie!ed as the 7ey instrument of export'oriented or dri0en industrialization, a de0elopment strategy that !as embraced in place of the import'substitution model that !as adopted soon after the attainment of political independence/ One maCor feature of the EPZ scheme is that the de0elopment of such a zone is intimately dependent upon, and perhaps, is conditioned by the presence of foreign firms 93LO, +&55:@:/ s a matter of fact, it !ould appear that EPZs are set up to attract the subsidiaries of foreign multinational enterprises !ith the hope that such firms !ould generate a large number of ne! Cobs and contribute signficantly to increasing the host countries exports of manufactured goods/ 3n order to achie0e these /obCecti0es, host countries usually bend o0er bac7!ards to offer Cuicy incenti0es such as 9in the case of 1igeria:A total foreign o!nership of enterprise, tax holiday, unrestricted remittance of profits and di0idends, among others to attract foreign in0estors/ 3t is largely based on this o0erindulgence of foreign in0estors that !or7ers and their allies ha0e expressed fears about the social conditions in the EPZs/ =his is especially so gi0en the 0ery peculiar nature of EPZ industries and notably their physical insulation from the rest of the local economy and their legally conceeded immunity 0isa'0is customs la!s, foreign exchange regulations 93LO, +&55: and' con0entional labour practices and legislations/ i 3n 1igeria, for instance, one of the conditions of employment dra!n88up by the 1igerian Export Processing Zone uthority 91EPZ: is that B!or7ers employed by companies operating in the EPZ !ould not go on stri7e =his is apart from the moratorium of +( years placed on the formation of trade unions/ 3n the absence of trade unions and the right to stri7e,8 ho! !ould !or7ers protect 8their interests in the employment situationP ?ore importantly, !hy should !or7ers8 rights be circumscribed in the name of export promotion or economic de0elopment !hich may only benefit a fe! members of societyP =hese Duestion8s become germane gi0en the experience of !or7ers !ithin the larger economy in !hich they are exposed to myriads of abuses and depri0ations, in spite of the existence of protecti0e legislations, both domestic and international/ 3t is against this bac7drop that this chapter explores !hat can be done to protect !or7ers8 rights in the EPZ encla0es/ 3t is the contention of this author that the rights of employees must be respected in the !orld of !or7 no matter the temptation to do other!ise and in the peculiar circumstance of the EPZs members of the labour mo0ement and the human rights community should empo!er !or7ers in these encla0es to insist on the obser0ance of basic rights as !ell as be ready to ta7e some affirmati0e,/ actions in this direction/ Ho!e0er, before examining these in detail, it is necessary to highlight !hat constitutes !or7ers8 rights/ Components of !or7ers8 rights/ O0er the years through a combination of struggles and appeals to the conscience, of the ci0ilized !orld !or7ers, acting largely through their organizations, ha0e been able to secure for themsel0es a body of rights/ =hese rights are complemented by some constitutional pro0isions !hich confer certain rights on !or7ers as citizens of gi0en naton states/ *2 3n a most general sense !or7ers and trade union rights are those legal pro0isions !hich are meant to protect !or7ers not Cust as producers of national !ealth, but also as free citizens/ #uch rights are confered on @/ =!o of these, Con0entions 52 and &5 !ill be further highlighted here, long !ith a number of local legislations and constitutional pro !or7ers, and/ their organizations ta7ing into consideration their special, role and the need to protect them from extreme abuse and exploitation 0isions, they constitute part of !or7ers8 rights, Con0ention 52 addresses the issue of freedom of association !hile Con0ention in the hands of profit'conscious employers/ 3n the course of this century both national and international instruments ha0e been de0ised to gi0e effect to the 0arious pro0isions on !or7ers8 rights and to compel national go0ernments and, indi0idual employers to respect these rights/ #ince its establishment in +&+&, the 3nternational Labour Organization/ 93LO: has played a maCor roleA in ensuring that !or7ers, indi0idually and collecti0ely,/ enCoy certain minimum rights/ =hese ha0e come, in the forms of Con0entions and Recommendations !hich member countries are expected to comply !ith/ >hile some of the 3LO Con0entions ha0e prompted national go0ernments to enact similar legislations, it is important to, stress that !or7ers8, struggles, based on the need to secure certain measures of dignity for !or7ers, ha0e also assisted in conceeding some rights to !or7ers, =he need for these rights !ere also reinforced by rticle @6 of the $nited/ 1ations $ni0ersal <eclaration of Human Rights of +&*5/ 3t says: E0erybody has the right to !or7, to free choice of employment, to, Cust and fa0ourable conditions of !or7 and to protection against unemployment/ E0eryone, !ithout discriminations, has the right to88 eDual pay for eDual !or7/ E0eryone !ho !or7s has the right to Cust and fa0ourable remuneration ensuring for himself and his family an existence !orthy of human dignity, and supplemented if necessary by other means of social protection/ E0eryone has the right to form and Coin trade unions for8the protection of rights 9cited in C<HR +&&), nnual ReportA ++6:/ it is Cust enough to say for no! that !or7ers8 struggles re0ol0e around the need to enforce these rights/ From the foregoing, it can be argued that !or7ers and union rights are encapsulated in a number of bilateral,8 multilateral and general agreements !hich extend throughout the !orld and predicated on a fe! uni0ersal principles/ of social philosophy and Custice/ number of international instruments !hich are meant to protect !or7ers in the employment relationship ha0e been discussed in chapter &5 focuses on the right to organise and collecti0e bargaining/ #ome specific pro0isions of these con0entions are !orth highlighting/ rticle ++ of Con0ention 52 pro0ides that Beach member of the 3LO for !hich this Con0ention is in force underta7es to 8 ta7e all necessary and appropriate measures to ensure that !or7ers and employers may exercise freely the right to organiseB/ rticle +8 of Con0ention &5 pro0ides that B!or7ers shall enCoy adeDuate protection against acts of entire union discrimination in respect of their employment8 rticle * insists that: measures appropriate to national conditions shall be ta7en !here necessary to encourage and promote the full de0elopment and utilization of machinery for 0oluntary negotiation bet!een employers or employers8 organisations and employees !ith a 0ie! to the regulation of terms and conditions of employment by / means of collecti0e agreements/ s mentioned earlier some local' 91igerian: legislations confer certain rights, on !or7ers/ =he =rade $nion ct of +&26, =he Labour ct of +&2* and the >ages 4oard and 3ndustrial Councils ct of, +&26 0ariously recognise the right to organise, the right to collecti0e bargaining as !ell as the right of unions to act on behalf of their members/ dded to these are =he Factories ct and >or7men8s Compensation ct, both of +&52, !hich see7 to protect !or7ers from !or7'related hazards and diseases as !ell as ma7ing pro0isions for compensation for inCuries or disabilities suffered in the course of employment/ #ection 62 of the +&2& Constitution 9!hich is presently in force: recognises the freedom'of association by8 1igerian citizens !hile the constitution recognises the right to life 9a position that can be in0o7ed against employers !ho endanger the li0es of !or7ers under their employment:/ =he pro0isions of all the instruments mentioned abo0e can be in0o7ed to ensure that !or7ers in the EPZ encla0e are protected from abuse by their employers/ 3t also :follo!s that all efforts to circum0ent !or7ers8 *& rights on the altar of economic de0elopment expediency ha0e no basis in la! and morality/ =he international community that came up !ith all these standards recognise them as the 0ery minimum reDuired to ensure humane and decent !or7 en0ironment for !or7ers/ =he Duestion that follo!s is !hat can be done to protect !or7ers8 rights in EPZs/ 3t is this Duestion that is addressed in the next section/ Protecting >or7ers8rights in EPZs tas7 for all 3t !ould appear that those !ho clamour for an abridgement of !or7ers8 rights proceed from the !rong premise that B indulgingB !or7ers !ould impede production acti0ities, and in turn slo! do!n economic de0elopment 9see Panford, +&&* for an elaboration of such 0ie!s:/ Counterposed against this 0ie! is the position of scholars li7e,Claire 9+&22: that !or7ers8 rights !ere not only compatible !ith, but also necessary for, sustained social progress 9see Panford, +&&*:&:/ long this line, our point of departure is that gi0en the exploitati0e character of capitalist !or7 relations, all hand must be on dec7 to protect the !or7er from extreme abuses and mitigate the ad0erse conseDuences of the employment relationship/ =his is certainly a tas7 for all/ ConseDuently, the go0ernment, !or7ers themsel0es, trade unions and similar machinery can be set up by go0ernment in respect of 0arious labour legislations subsisting in the country/ 3f this machinery is properly put into use it !ill go a long !ay in curbing the excesses of employers !ho are mainly dri0en by the profit'moti0e, Lea0ing the/ protection of !or7ers8 rights to, go0ernment alone, especially in a capitalist society, amounts to a / lac7 of interest in protecting such rights in, the first/ place/ ;i0en the philosophy behind the establishment of EPZs and the commitment of the state to pri0ate property, and going by !hat obtains !ithin the polity, the 1igerian state only pays lip'ser0ice to the protection of basic rights, including those of !or7ers/ s such, other groups of people should be interested in, protecting !or7ers8 rights/ One of such groups is the collecti0ity of !or7ers/ >or7ers themsel0es ha0e an important role to play in defending their o!n rights/ Labour history all o0er the !orld sho!s that rights and concessions are not !on on a platter of gold/ Experience has also sho!n that the capitalist state is not too !illing to grant basic rights to !or7ers, 3n light of this, !or7ers/ non'go0ernmental organizations 9especially those interested in human rights: should !or7 to!ards ensuring the obser0ance and protection of human rights in the EPZs/ ;o0ernment is generally touted as the custodian of public good and8 are such, irrespecti0e of the sphere of national life in !hich they are, go0ernment has a basic duty to ,protect, and ensure for the citizenry a humane existence/ 3f the 1igerian go0ernment must li0e up to this expectation, it must do e0erything possible to ensure/ that/ employers in the EPZs obser0e basic minimum standards and !or7ing conditions, !ith or !ithout union presence in the 0arious !or7 establishments/ =his can be done through increased labour inspection ser0ices,/ =he +LO had argued in respect of its con0entions that: ma7ing !or7 more humane and promoting conditions in !hich !or7 respects the !or7er8s life and health, reDuires creating a machinery to o0ersee and super0ise 3mplementation of Con0entions adopted in the first instance to humanise !or7 9LO, +&5*: @*:/ 9because they bear the conseDuences of breaches of !or7ers8 rights: should be ready to fight for the obser0ance of their rights, =hey should fight acts of employers that are, in contra0ention of, both local legislations and international labour standards/ =he absence of/ trade unions should not be a deterrent,in this regard/ =his is moreso gi0en the fact that some of these 3ggislations recognise the right of !or7ers as indi0idual employees/ 3f it,becomes difficult to see7 enforcement of !or7ers8 rights, under the existing labour legislations, !or7ers can institute ci0il actions against their employers in order to see7 restitution/ >or7ers can, informally support aggrie0ed indi0iduals in doing this/ =he fact of common employment and a common predicament should, ma7e this attracti0e/ 3n spite of the indi0idual remedial measures suggested abo0e, !or7ers should still8insist on their right to freedom/ of association, =here, is no one'to'one relationship bet!een the denial of the right csf asso)i*tion and the idea of EPZ, s an interim measure, !or7ers can :constit themsel0es into committees or other informal structures to/ad e : t e ' \ I( I+ specific issues as they relate to the rights and/ interests of !or7ers,/ Lin7s should also be established !ith groups outside the, !or7 places/, that are interested in addressing !or7ers8 plight/ 3n order to realise some of the options suggested abo0e, !or7ers in the EPZs should enCoy the support of the trade unions and the 0arious human rights groups in the country/ =he trade unions should 8 insist/ op their right to organise !or7ers irrespecti0e of the sector of the economy in !hich they find themsel0es/ 3f this struggle fails, they 9unions: should establish8 informal lin7s !ith EPZ !or7ers 8 in their respecti0e industries, !ith a8 0ie! to assisting them in their struggles for fair and humane !or7ing conditions/ =his position recognises the present sorry state of the unions in 1igeria but it is hoped that sooner than later, the unions !ill o0ercome their predicament and become more rele0ant to the aspirations of 1igerian !or7ers/ >ith respect to the 1;Os, it is heart!arming to note that already some of them, notablyA the Committee for the <efence of Human Rights 9C<HR:, the 1ational ssociation of <emocratic La!yers 91<L: and the Ci0il Liberties Organization 9CLO: ha0e started addressing the issue8 of !or7ers8 rights/ =his is being done both at the le0el of ad0ocacyA8 litigation and human rights education/ 3t can only be added that these should be extended/ to !or7ers in the EPZs, especially gi0en the absence of unions/ =he role of humane rights groups in promoting !or7ers8 rights is Duite important gi0en the !ide net!or7s of contracts and support enCoyed by them !hich ma7es it possible for them to dra! the attention of local and international communities to the 0iolation of !or7ers8 rights/ Organisations of the labour mo0ement should eDually be in0ol0ed in addressing the Duestion of !or7ers8 rights/ =hey should readily fill the 0acuum created by the absence of trade unions in the EPZ encla0e/ For the 1;Os to succeed in8the tas7 being imposed on8 them, !or7ers themsel0es, it must be stressed, should be !illing to coA operate !ith the 1;Os in protecting and defending their rights/ =hey8 should report cases of infringements of rights to the 1;Os and be prepared to go the distance in see7ing restitution/ >ithout, the preparedness of !or7ers to do this, there is 8 a limit to !hat the 1;Os, alone can do, 3n all these, education has role to play in the protection and defence of !or7ers8 rights/ >or7ers need to be/ a!are of the 0arious rights of !or7ers and their !ell'being as !or7ers/ =his calls for a 8constant programme of education for !or7ers/ 3t is only !hen !or7ers ' are a!are of these rights: that they can rise up to their defence/ >or7ers should, /bear it in, mind that both education and political acti0ity are necessary to ensure compliance !ith !or7ers8 rights/ Conclusion =he dictates8of capitalist political ecohoriy8mean that employers and the state !ould be 8 rea8dy to trample an the rights , of !or7ers as this !ould further engender the exploitation of the labouring class/ 3n, 0ie! of this, the tas7 of defending !or7ers and8tradel/+ union rights cannot be left on the shoulders of !or7ers and their unions alone, Public spirited organizations such as 1;Os that are interested in !idening the scope of human rights should be in0ol0ed/ =his is particularly so gi0en the pre0ailing circumstances in !hich 1igerian !or7ers and trade unions find themsel0es today/ >e ha0e gone past the stage at !hich the state and pri0ate employers appeal to some base 8national8 sentiments as Custifications for abridgement of !or7ers8 rights/ 3f the society truly 0alues the contribution of !or7ers to the economic de0elopment process, such should be ac7no!ledged by according them basic human dignity and adeDuate compensation for their efforts in generating the common!ealth/ =his should be reflected in a regime of humane and fair conditions of !or7 and terms of employment/ nything short of this amounts to begging the issue/ References Committee for the <efence of Human Rights 9+&&): nnual/// ///Reports on the,C'lurnan/ Rights #ituation in 1igeria, Lagos: C<HR/ Federal ;o0ernment of 1igeria, 9+&26: =rade $nion ct,/QLagos: Federal ;o0ernment Press/ 9+&26:/ >ages//4eard/Qandlndustria// CouncilsQ ct, Lagos: Federal ;o0ernment Press/ 9+&2*:/ Labour/ct, Lagos: Federal ;o0ernment Press, 9+&52:/ Factories ct, Lagos: Federal ;o0ernment Press/ C? I6 , 9+&52:, lyorfte ]R C Press,/ omp nsatiop/Gc], Lagos: Federal ;o0ernment 3nternational Labour Organisation, 9+&*5:QCo0QeionQ5/2Q,/ Fr/dom/ Gf//+Rgiation/ an'd P/rotegtiGn/ of,ihe Right to/Organis ,;ene0a: 3LO/ //, 9+&*&:/ Co Q0Qen]iorQ&5,,QRighfi to/ organise ndQ/;ohe 0e 4 rgai ng, ;ene0a: 3LO, 9+&5*:/ =h/Q3LQOQ aad the F'ori of >or7,/ ;ene0a: 3LO/ and $nited 1ations Centre on =ransnational CorporatiDns 9+&55:// E o c m 7 Q a m d L 3 ? Effects/Qof>tim(on t3 nti rprises in ]beQ ,xport Processin/g Zones, ;ene0a: 3LO/ Panford, M/, 9+&&*:/ frican Labour/ Relations and >or7ers Rights, ssessing the Role8of the 3nternational Labour Organization, Connecticut U London ;reen!ood Press/ I* t i rO
The Impact of Industrial Rules of Origin On Increasing Tensions and Disputes in The Mechanics of International Trade Between Economic Partners - Cases Studies
International Journal of Innovative Science and Research Technology