Image source: PM Secretariat/RSS
Representatives of trade unions have issued a warning that the government’s decision to dissolve partisan trade unions within public administration is unacceptable to them.
In conversation with the BBC, union representatives revealed that they are consulting on possible actions should the government proceed with dissolving trade unions.
Following the government’s announcement to dissolve the trade unions, concerns are rising regarding the measures to be taken and the likely responses from unions.
A constitutional expert has noted that while the government’s move may be positive, implementing this decision will be challenging.
Various national trade union networks representing civil servants include the Nepal Civil Servants Union, Nepal Civil Servants Organization, Nepal National Civil Servants Organization, Unified Government Employees Organization, Independent Public Servants Employees Organization, and Madheshi Civil Servants Forum, all affiliated with political parties.
What is the government’s decision?
Image source: RSS
In a cabinet meeting held on 26 March, the government approved a list of 100 administrative reform agenda items, including topics related to trade unions.
Point number 12 states: “To free public administration from political interference completely and make it impartial, neutral, and accountable to the citizens.”
“To achieve this, civil servants including administrative staff, teachers, professors, and all public servants will be required to perform their duties without any direct or indirect affiliation with any political party, group, or interest center, and violations will be dealt with strictly as per existing laws,” the agenda mentions.
“Furthermore, to end undesirable political interference and informal pressure by dissolving trade unions based on political parties within public administration, the government will make the decision-making process and service delivery more effective. To this end, necessary legal provisions, particularly the Federal Civil Service Bill, will be prepared within 45 days.”
‘Unacceptable to Us’
Representatives of civil service trade unions have told the BBC that under no circumstances would they accept the dissolution of their organizations.
“If reforms are needed, we are willing to move forward with changes, but we cannot accept the dissolution of civil service trade unions under any condition,” said Uttam Kutuwal, president of the Nepal Civil Servants Union, in an interview with BBC News Nepali.
He added that their actions will depend on how the government proceeds in implementing this decision.
“There remain options for protests and legal remedies. However, let’s see how the government moves forward,” Kutuwal remarked.
Bhavani Nyaupane Dahal, president of the Nepal Civil Servants Organization, expressed confidence that the government would not go against the continuation of employee trade unions, which operate in democratic countries worldwide.
“We are confident the government will not dissolve employee trade unions,” she told BBC News Nepali.
Image source: Reuters
Dahal warned that if the government proceeds with dissolving the unions while practicing under existing laws, such action will not be accepted.
“This is unacceptable. If the government proceeds unilaterally, we are consulting to decide what to do,” said Dahal.
“Before dissolution, the government must amend the existing laws. There will certainly be discussion and consultation.”
Kutuwal asserted that all organizations share a common stance against dissolution.
“We all agree. Within a few days, we will announce a joint position,” he added, stating they also have support from various international trade unions.
“We have fought hard to obtain this right. I have no belief a democratic government would strip it away,” he said further.
Trade unions active in public administration have often been accused of unnecessary interference in transfer processes.
However, union leaders deny these allegations. “Firstly, we are civil servants, not affiliated with any party. Secondly, claims of interference in transfers are falsely spread,” Kutuwal said.
Government’s Position on the Process
The government has announced it is preparing the Federal Civil Service Bill within 45 days, which will address this issue, according to officials.
“The Civil Service Act already contains provisions about national trade unions, but due to the prevalence of partisan trade unions, we are seeking improvements,” said Nita Pokharel Aryal, spokesperson for the Ministry of Federal Affairs and General Administration, in an interview with the BBC.
Officials have also indicated that work on drafting the necessary legal framework has already begun.
“We are drafting the Civil Service Act. This issue could be included, and discussions with stakeholders will take place,” the spokesperson added.
Regarding trade unions in private enterprises, the government has stated it will not interfere since they continue their practices in various forms.
What the Constitutional Expert Says
Constitutional expert Purnman Shakya explains that current laws lack clarity on whether partisan trade unions are allowed.
“The issue will ultimately be resolved through the courts. The law does not explicitly state whether trade unions can be formed on a partisan basis or not,” he said.
“While the government may state the intention to close partisan trade unions, it cannot revoke the fundamental rights of trade unions,” Shakya added.
Nepal’s Labor Act of 2017 has provisions related to the rights of trade unions.
“According to this act and others, every worker has the right to form, operate, or be part of a trade union and engage in related activities,” the act states.
Shakya pointed out that even if partisan trade unions are banned, in practice, individuals associated with political parties are often active, making the issue difficult to resolve.
“While employee rights are invoked, the practice often does not reflect that,” he commented.
“Trade unions working under the direction of political parties have introduced significant distortions,” Shakya said.
“Due to the partisan nature and political agendas of trade unions, the government considers it important to regulate civil service conduct.”
However, he believes implementing the government’s decision won’t be straightforward. “First, this issue will reach the courts. Second, even if trade unions are declared non-partisan, partisan panels are likely to emerge during elections within these unions,” he explained.
Despite the absence of trade unions in industrial sectors, Shakya suggests legal restrictions should be imposed on government employees.
“The tendency of governmental employees to operate along partisan lines must end, as it affects good governance,” Shakya concluded.
He also recalled that previous governments were unsuccessful in attempts to ban trade unions from the civil service sector.
