Africa, Economy & Trade, Headlines, Human Rights, Labour

ECONOMY-KENYA: EPZs Failing to Deliver on Workers’ Rights, Say Activists

Joyce Mulama

NAIROBI, Feb 19 2004 (IPS) - Export processing zones have come in for substantial criticism since the 1970s, when their number started to grow worldwide. Labour activists claim that the incentives offered to attract companies to these zones create an environment where virtually any corner can be cut in pursuit of profit. Now, these concerns are finding a voice in Kenya.

This week (Feb. 17), the Kenya Human Rights Commission (KHRC) launched a book entitled ‘The Manufacture of Poverty: The Untold Story of EPZs (export processing zones) in Kenya’. The publication documents the human toll taken by the country’s EPZs*.

At present, the zones offer investors a host of incentives that include tax exemptions, and the ability to move funds freely into and out of Kenya. The KHRC claims that workers reap little benefit from these measures, however.

Says the book, “jobs that pay ‘poverty wages’ do not significantly improve the lot of the workers, nor raise their socio-economic status to become better parents or partners. They reflect the worst effects of globalisation, and contrary to their objective of empowerment, end up becoming factories for the manufacture of poverty”.

Regulations governing EPZs allow workers to join unions – a right the KHRC claims is not being respected: “Any attempt at unionisation of this workforce is resisted and blocked using all manner of tactics including, but not limited to denial of the right to reasonable access, harassment, intimidation and termination of the services of workers who attempt to…unionise.”

Grace Nyakeo’s experiences appear to bear out these allegations. She is currently contracted to a clothes manufacturer that operates in one of the EPZs, which are dominated by the textile industry.

Nyakeo claims to have developed tuberculosis as a result of breathing in the dust that emanates from the 1,500 garments she stitches every day: “I have been suffering for three years now and the management does not care. They are only interested in the number of clothes I sew per day.”

This task is performed standing, she says, with workers being given little time to rest their feet. Time off for medical check-ups has been denied, Nyakeo adds – as have overtime allowances for the occasions she stayed on at work in an effort to meet production deadlines.

Nyakeo has to provide for two children, however – which makes it nigh impossible for her to leave the job: “It has been difficult for me to get alternative employment elsewhere because jobs are scarce, and so I have had to persevere even though the working conditions are extremely hostile.”

Gladys Kagore, who works at the same factory, alleges widespread sexual harassment.

“The supervisors and some managers demand sexual favours and when one refuses, she is dismissed,” remarks Kagore, adding: “Many women, especially young girls, have died from HIV/AIDS because of sleeping around with the supervisors, many of whom are infected.”

According to the Civil Society Labour Campaign Alliance, people who work for Kenya’s textile companies are also denied sick leave. The alliance includes the KHRC, the Kenya Women Workers Organisation and Workers Rights Watch.

“Garment workers commonly face penalties for lateness and mistakes – and charges for healthcare, which can add up to more than a month’s earnings,” observes Steve Ouma of the KHRC.

He adds, “Women often lose their work number when on maternity leave, which means that if they are re-admitted, it is as a new employee having lost the little that had been accrued.”

However, the Central Organisation of Trade Unions (COTU) – an umbrella body for unions in Kenya – says while EPZ companies do not favour unions, COTU has succeeded in recruiting a substantial number of their workers. According to the EPZ Authority, a government-controlled body that manages the zones, 26,447 Kenyans were employed in the EPZs in 2002.

“We have been negotiating and renegotiating for better terms of service with employers, (and) we have support from the Ministry of Labour and the Federation of Kenya Employers,” COTU spokesperson Hezron Owalo told IPS.

Tom Owuor, Executive Director of the federation, insists this organisation also has the interests of workers at heart: “We are taking the complaints of EPZ workers very seriously and we have a collective agreement between the union, EPZ and ourselves, that speaks against ills committed (towards) women such as sexual harassment, and discrimination (against HIV-positive) workers, among other things.”

There have been concerns that government has avoided tackling EPZ companies for fear of alienating potential investors. But, labour ministry sources deny this charge.

“There is nothing like that. In fact sometime back when the workers went on strike, we visited factories accused of looking down upon workers’ grievances…Where there were anomalies, it was brought to our attention and the anomalies have since been rectified,” said a ministry spokesperson.

In January 2003, about 9,200 textile workers from a number of firms were sacked for going on strike to demand better working conditions. Some of them have since been reinstated, following intervention by a committee of officials from COTU, the employers’ federation and the labour ministry.

The EPZ Authority says that in 2002, the zones – first introduced in 1990 – contributed about 147 million dollars to Kenya’s gross domestic product of 12.9 billion dollars.

* Please note that the original version of this story stated that Kenya had 41 EPZs. It has since been drawn to IPS’ attention that this figure referred to the number of companies located in EPZs – and that there are in fact five export zones in the country.