Web Only / Features » February 11, 2010
To Resist Is to Survive’ (cont’d)
A legal state of limbo
But regardless of their success in seizing and then operating factories, most worker enterprises remain in legal limbo. Very few courts have recognized the workers as factory proprietors. Plants such as the Forja San Martin factory, a steel forge in Buenos Aires, or FaSinPat, a ceramics plant in Neuquen, have seen owners attempting to reassert control these facilities. This has resulted in either police attempting to expel workers, or lengthy court battles between owners and employees.
The employees of Brukman were evicted several times from their downtown location, since taking over operations there in 2001. The courts gave the cooperative ownership of the machines, but not the building–which is currently owned by the government. Expulsion still remains a distinct possibility for these workers.
IMPA had its eviction notice lifted in September 2009, but its legal status remains tenuous. “The (national) government has not enacted any real reforms in favor of the recuperated movement,” says Saiegh, the UCSD professor. “They have pretty much allowed it to fight out in court.”
According to Placido, of the Chilavert print shop, the one thing many workers want is a law of expropriation that would allow the government to recognize them as legal owners. Such recognition would help these businesses obtain credit and other forms of financial assistance.
But Claudia Acuña, a journalist with the Lavaca Collective who has extensively covered Argentina’s worker self-management movement, says many of the cooperatives could also be assisted if the government itself provided enterprises with credit. Most financial institutions are loath to offer it, which means many workplaces can’t upgrade facilities or buy new machinery.
Successive center-left Kirchner governments (Nestor Kirchner was elected to the presidency in 2003; his wife Cristina Fernández was elected to the office in 2007) for the most part have stayed uninvolved. “The difference with the government now is that it is not doing anything. This is different than the repression we experienced under the dictatorship,” Acuña says. Argentina’s dictatorship ended in 1983, with the election of Raul Alfons’n.
Making matters worse for workers’ cooperatives, several Argentine unions have also decided to stay above fray. “There are tensions between the movement and certain unions,” Murúa says. “These unions don’t have experience with this idea of autogestion (worker self-management) and are accustomed to the ideas of workers and owner in a workplace. They didn’t come out to support us in the occupations, and in that regard, when issues like solidarity come up, we have a problem.”
Legal aid, or direct action?
Beyond its ongoing tension with the government and unions, the movement continues to argue about what stance the factories should take toward the capitalist system and the government.
Caro, a trained lawyer, helps the enterprises navigate the nation’s legal system so they receive recognition as legitimate cooperatives. This strategy has been successful, although not always. Most notably, FaSinPat worker cooperative (formerly Zanon), Latin America’s largest ceramics manufacture, won an outright legal victory in August 2009, when the provincial legislature agreed to hand over ownership to the workers. Brukman’s and IMPA’s futures, on the other hand, remain unclear.
Divisions have also formed within the movement, with the two major recuperated factory organizations holding different opinions on the direction of the movement. MNER, the premier federation, maintains an anti-capitalist analysis. “Under the capitalist system, I don’t know how much longer we [the worker-managed factories] can survive,” Murúa says.
But Caro, president of the rival MNFR, believes the movement can survive within a free-market framework. “The other movement is too radical and I believe it doesn’t represent the best interest of the workers,” he says. Under his guidance, the MNFR has adopted a non-confrontational posture toward the government.
Success, failure and survival
The current global economic crisis has impacted Argentina’s worker-managed enterprises, but most have survived. “The workers have sacrificed a lot to keep the factories running” Murúa says. Whereas many owners or shareholders may not be willing to run businesses that make very little or no profit, these are the conditions under which many cooperatives usually operate.
The small amount of profit that is earned by recuperated factories goes into salaries, Murua says. “If there were greater profits, they would be used to decrease [workers’] hours and create new jobs.”
At Chilavert, the graphic arts shop, profits are distributed equally and everyone is paid the same wage. Placido says this has created some problems. He feels the policy seems unfair because it fails to take into account the number of years worked or experience. Even though a number of factories have implemented similar policies, such as Vieyetes, each workplace is free to set its own protocols.
Even with minimal profits and a global recession, activists say that fewer than five worker-run factories have failed. One reason is given for the very high success rate: “What do these factories produce?” asks Acuña. “What they produce is work, it really doesn’t matter what they produce, televisions or radios, or whatever as long as it produces work … It’s the value of employment.”
Acuña points to FaSinPat, the ceramics plant in Neuquen, as a model workers’ cooperative. “What business in Argentina triples the number of jobs? No one, and that’s the measure of success,” Acuña says. The plant originally employed 180 workers when it was seized in 2002, but now employs 430 people.
Murúa believes the greatest achievement of Argentina’s worker-managed initiatives is their fortitude. “To succeed is to resist,” he says, “and to resist is to survive.”
Adam Case, a former In These Times editorial intern, is a San Diego-based I.W.W. organizer and freelance writer. He has traveled extensively throughout Latin America, encountering guerrillas, intellectuals and change-makers. But most of the time he tries to indulge his passions, which include surfing, social justice and a good Philly Cheesesteak.
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