Demonstrations in France against the El Khomri law and the ambiguous attitude of the CGT

For decades, and especially since the 35-hour work week law implemented in 1998-2000, the issue of labour law has been regularly put on the table by both left and right governments; several changes have cut workers’ rights and protections in France and in all industrialized countries, and this in a context of global economic crisis. The International Monetary Fund, the European Central Bank and other financial institutions and governments require “structural reforms” to increase the rate of profit of capitalism, which decreases inevitably.

These measures have been designed in close collaboration with Berlin, and in particular with Peter Hartz, the Social Democrat, union bureaucrat and author of the Hartz laws which were implemented in Germany ten years ago to reduce workers wages and living conditions.

It is wholesale attack on the conditions of life and of the employees work in facilitating layoffs, increasing the “flexibility” of the labour market by abandoning the industry wide labour agreements and promulgating agreements at individual company level by decreasing the legal protections and business and State costs in matters of social protection (health, family, pensions). Just as in the 1930s, the crisis of the global capitalist economy, which nothing can stop, pushes the ruling class in France and worldwide to war and to militarism, as well as to a new assault against the wage earning class. which produces all economic wealth.

It is in this context that the El Khomri law was announced, the purpose of which was to allow further freedom for businesses. Introduced in 2016 by the Minister of Labour, Myriam El Khomri, on behalf of the Socialist government of President François Hollande and Prime Minister Manuel Valls, the project follows a report written in January 2016 by a committee chaired by Robert Badinter, advocating an overhaul of the labour code.

On 24 May 2016 the International Monetary Fund declared that “The El Khomri law is another necessary step towards a more dynamic labour market”! While a wave of protests was developing in Belgium, more or less participatory strikes occurred in France, in oil refineries, ports, civil aviation, railways, energy, transport and construction, under the leadership most of the time by unions CGT, FO and the SUD, but without causing a real paralysis of the economy.

The CGT is presented as the most combative organization and the leadership of the movement, actually plays a role of firefighter – deadly to the class struggle – working to prevent the spreading of the independent working class action and the radical unification of its struggles.

The CGT rides the struggles of workers against the labour reform, seeking to benefit from it in the competition with the other French regime unions.

In the last union elections, in March 2013 (participation was very low, only 5.460.000 voted), the CGT received 26.7% of the vote, making it the largest trade union in France; the CFDT received 26.0% of the votes, FO 15.9%, CFE-CGC 9.4%, CFTC 9.3%, UNSA 4.2%, and SUD 3.4%. But the CGT membership has continually decreased (now 676,000 members) and is likely to be overtaken by the CFDT by the beginning of 2017.

After his election in February 2015, Philippe Martinez, the new head of the CGT, has sought to reinvigorate an organization which has been in crisis for several years by organizing some national protests, which very few participants turned out to most of the time. On the occasion of the CGT’s 51^st Congress, held April 19^th, 2016, Martinez disowned the policy of reconciliation with the CFDT, initiated by Bernard Thibault, Martinez’ predecessor and ended the CGT’s strategy of “Reunified Unionism”.

He jumps today on the bandwagon of a movement against the El Khomri law started by a young people’s movement. But the CGT doesn’t call for a general strike, but for a “generalization” of the strike.

In fact, the CGT opposes a general strike, that is, a struggle to mobilize and unify all movements.

Here is a timeline of the progress of the El Khomri Protests.

The El Khomri project is announced February 17^th, 2016. Ten unions (CFDT, CFE-CGC, FO, FSU, SUD, UNSA, UNL, FIDL) meet on February 23^rd to demand the withdrawal of compensation rates in case of dismissal. The CGT, FSU and SUD are in favour of organizing demonstrations. In the Socialist Party, the text is criticized by dissidents who denounce its “liberal drift”.

By March 3^rd, the five so called “Reformist” central trade unions (CFDT, CFE-CGC, CFTC and UNSA) sign a joint statement in which they ask that the bill be amended, while the so-called “Protester” unions (CGT, FO and FSU) refuse to sign and ask its withdrawal.

The UNEF College Student Union and the UNL High School student union have joined the “Protest Unions”, while the FAGE student union has joined the “Reformist Unions”. The spectre of the youth protests against the 1994 Occupational Integration Contract and those in 2006 which spread against the CPE First Job Contract come back to haunt the government.

On March 9^th the El Khomri Bill is submitted to the Council of Ministers, and the CGT, FO, SUD and student organizations (UNEF, UNL, FIDL) organize many local demonstrations. Estimates of protesters range from 224,000 (Police) to 500,000 (Unions) which is very small in comparison with the big protests of 2006 in which 2 million took to the the street, forcing the withdraw the CPE laws.

On March 14^th, after meeting with Trade Unions and Student Organizations, the government announced that it amended the draft law. The amendment is welcomed by the CFDT, while the CGT, FO, and the UNEF continue to request the withdrawal of the project.

Three more days of demonstrations are announced: On March 17^th and 24 protests called by the student organizations are attended by between 69,000 and 150,000 demonstrators depending on the source. And on March 31 a demonstration is also called by the CGT, FO, SUD and FSU unions.

This last protest sees a growing involvement, high schools and universities are blocked, clashes between youths and police occur in Paris, Nantes, Toulouse Grenoble and Rennes.

In the capital, many demonstrators, mostly young, are found in the Place de la République and this becomes the “Nuit debout” [Rise Up at Night] movement that presents itself as a citizen and pacifist, inspired by the movement of the Spanish “Indignados” movement as well as the “Occupy Wall Street” movement from the USA.

Another two days of demonstrations take place on April 28^th, with 209 marches numbering between 170,000 (Police) and 500,000 (CGT) demonstrators and on May 1^st, in which the police broke up the march by cutting off the young, to the “indifference” of the CGT’s security detail.

On May 10^th Manuel Valls decides to invoke Article 49 paragraph 3 of the Constitution which allows for the adoption of a proposed law without going through a parliamentary vote. On May 12^nd, as new demonstrations erupt, a motion to censure Valls is presented to the National Assembly and receives the favorable vote of a heterogeneous political array (right, Republicans, UDI, Left Front) but not of the dissident fringe of the Socialist Party. The vote does not get the required 288 votes. Therefore, the motion is rejected and the Khomri bill is adopted on first reading. The bill must now be reviewed by the Senate.

On May 12^nd, dockers and oil and railroad workers take to the struggle in Le Havre, one of the nerve centers of the French economy, ushering in a real strike movement.

During the week of May 16^th to 22^nd, new demonstrations take place and workers take to the struggle all over France – truck drivers, railroad workers, refineries workers, airports and ports. But the movement, limited by the CGT, does not cause any crisis in transports.

The situation is better in refineries, where the strikes starting May 23^rd cause partial interruption of fuel distribution in several petrol chains. The same day the police intervene by force to unblock the Gas terminals in Fos sur Mer [Port of Marseilles].

The next day, in reply, all eight French oil refineries are closed by strikes. On May 19^th the fuel depot of Douchy les Mines in the North is blockaded by about 80 trade unionists, mostly CGT but also some SUD. On May 25^th access to the depot is cleared by the police.

On May 26^th a “national day” of strikes is proclaimed by the CGT-FO union. In Paris, the government counts 18,000 to 19,000 protesters with union estimates of 100,000. The fuel shortages now cover over 20% of service stations while nuclear power plants reduce their electricity production. The CGTEnergy union announces that for two days, May 25^th and 26^th, the equivalent of five nuclear reactors out of 58 were removed from the French power grid.

While this is not the first time that the strikes in power plants cause loss in production, it is rare for it to happen as part of a social movement not tied to the company’s specific internal issues.

On the same day the Typographers Union of the 2 CGT stops the publication of the national newspapers which have refused to publish a statement by Philippe Martinez.

On May 28^th between 150,000 and 300,000 people participate in protests; while continuing the blocks at service stations, fuel depots and in nuclear power plants. In Le Havre 10,000 dock workers march in the streets.

On May 31th, ten days before the European football championship begins, the three main trade unions (CGT, UNSA, SUD-RAIL) start an indefinite strike in the National Railway (SNCF) system. The CFDT, the fourth largest railway workers union, does not participate in these strikes, as it did in all former strikes, thus dividing the SNCF unions.

There are also negotiations occurring in the Railroads.

in the final phase, on the project of reform of the Staff Regulations of railway workers, in particular on working time (more flexibility in view of the opening up to competition from 2020 onwards). The UNSA, the second largest SNCF union, is opposed only to the draft reform in the Railroads and doesn’t demand for the withdrawal of the Khomri bill, as do the CGT and SUD-Rail. The CGT has solid strongholds of engine drivers and controllers, the two trades most able to block train traffic. However, the strike seems to have had limited participation.

According to the Transport Minister 60% of the high-speed trains (TGV) have circulated, as well as 50% of the Parisian regional trains and 45% of intercity.

The Paris Transport Authority has also been called to strike, but has limited participation; the CGT has instead called for an unlimited strike.

In the meanwhile, Sunday, May 30, Philippe Martinez celebrated that the Prime Minister had called him, confirming that, despite strikes, the CGT has continued behind the scenes meetings with the Socialist Party and wants to reach an agreement for the approval of the law. On the evening of Monday 31, during a radio interview/debate with the head of the CFDT, Martinez claimed to be “ready to rediscuss” with the government without requiring the withdrawal of the Khomri Bill. He only listed four points of disagreement: the reversal of the hierarchy of the contracts with the preeminence of corporate ones on organization of work; the definition of economic layoffs; the holding of a referendum in the event of a minority agreement and finally, the reform of occupational medicine.

In Belgium, May 31^st was another day of demonstrations and strikes in public services. The movement, which affects public transport, schools, post office, was long planned. Other actions, demonstrations and general strikes have already been planned for June 24^th and October 7^th.

It is obvious that the state of emergency put into place in France and Belgium shortly after the terrorist attacks in Paris last year was meant for not just Islamic terrorist networks, but also for the developing social opposition.

Workers across Europe are closely following the struggles in France, Belgium, Greece, and must reject any attempt to divide their struggles along national lines.

Rather, they should seek to unite their struggles on their territory and beyond national borders. But none of the existing trade union confederations will help do this! Quite the contrary.