在两国组织中发展综合集体谈判制度——以坦桑尼亚-赞比亚铁路局为例

Mwansa Kamukwamba
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摘要

坦桑尼亚-赞比亚铁路全长1860公里,从东非印度洋港口坦桑尼亚的达累斯萨拉姆到内陆赞比亚的新卡皮里-姆波希。它被定义为一个两国组织,而不是跨国组织或多国组织,因为它由坦桑尼亚和赞比亚政府共同拥有和管理。它的建设是由中国无息贷款给两国政府。在非洲,很少有开发项目像坦桑尼亚-赞比亚铁路那样,受到如此多的政治和意识形态的冲击。对于西方列强来说,中国进入了他们认为属于自己的领地,他们感到愤怒,这条红色铁路旨在将共产主义推向非洲的心脏地带。对于南部非洲的白人政权来说,这条路被看作是非洲的胡志明小道,带着中国的思想和武器,将游击队带往赞比西河岸边。中国人把这个项目看作是一条友谊之路,以加强非洲新国家对抗帝国主义的力量,对坦桑尼亚和赞比亚来说,这是一条自由铁路,应该证明这是增加他们独立的工具。这些反应不仅增加了建立和管理一个两国组织的复杂性,而且也对两个国家工会如何最好地代表其成员提出了挑战。劳资关系文献指出,各国历史、社会、政治、经济和意识形态背景的差异是跨国或跨国组织中集体谈判机制发展的主要障碍。在坦桑尼亚和赞比亚铁路管理局进行的一项研究试图建立一个两国集体谈判的综合机制,其集体协议可能在各自国家具有法律效力。本文探讨了坦桑尼亚和赞比亚工会的发展历程,其发展历程可分为三个阶段:一是建设阶段;二是巩固阶段;第三个也是最后一个阶段是工会自由化和政治多元化,其中包括发展两国集体谈判模式及其联合工业理事会结构和谈判程序。本文比较和对比了两个缔约国的工会发展,并批判性地考察了每个阶段对工会发展的影响。它简要概述了集体谈判过程的历史概况,并阐明了两国集体谈判机制的优点和局限性。本文通过观察得出结论,指出区域经济发展的主要目标之一
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Developing Integrated Collective Bargaining System in a Bi National Organization: The Case of the Tanzania Zambia Railway Authority (TAZARA)
The Tanzania Zambia Railway stretches 1,860 kilometers from the East African Indian Ocean port of Dar es Salaam in Tanzania to New Kapiri-Mposhi in land locked Zambia. It is defined as a bi-national organization as opposed to either transnational or multinational because it is jointly owned and managed by the Governments of Tanzania and Zambia. Its construction was made possible by Chinese interest-free loan to the two Governments. Few development projects in Africa have been charged with as much political and ideological dynamite as Tanzania Zambia Railway. To the Western powers, angry that the Chinese had entered territory which they considered their own preserve, it was a Red Railway intended to thrust communism into the very heart of Africa. For the white regimes in Southern Africa, grimly attempting to hold back demands for majority rule, it was seen as Africa’s Ho Chi Minh Trail, carrying guerrilla further, armed with Chinese thoughts and weapons to the banks of the Zambezi River. The Chinese regarded the project as a Friendship Route to strengthen the new African states against the forces of imperialism and for Tanzania and Zambia it was a Freedom Railway, which should prove an instrument in increasing their independence. These reactions underpin not only the complexity of the establishment and management of a bi-national organization but also present challenges to the two national trade unions on how best they can represent their members. Industrial relations literature has cited differences in countries’ historical, social, political, economic, and ideological background as the main obstacles in the development of collective bargaining machinery in transnational or multinational organizations. A study in Tanzania Zambia Railway Authority has attempted to develop an integrated bi-national collective bargaining machinery whose collective agreements are likely to be legally enforceable in their respective countries. This paper explores the development of trade unions in both Tanzania and Zambia which can be divided in three phases: first, the construction phase; second, the consolidation phase; and the third and final phase, trade union liberalization and political pluralism which covers the development of a bi national collective bargaining model with its Joint Industrial Council structure and negotiation procedures. The paper compares and contrasts trade union development in the two contracting states and critically examines how each phase has influenced trade union development. It provides a brief historical outline of collective bargaining process and spells out advantages and limitations of bi-national collective bargaining machinery. The paper concludes by observing that one of the main objectives of regional
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