policy document

THE REFERENDUM ON ARTICLE 18

A referendum is an instrument of bourgeios democracy designed to strnegthen the illusion of some form of direct democracy, of participation in the legislative power in which, through its constitution, the State enjoys a prerogative. In the Italian system, this participation can be exercised (but only by that portion of the population which has the right to vote) in order to abrogate a law partially or totally. It has nothing to do with direct democracy and it is no secret that this instrument, together with others which form part of the State's structure and of the authorities' methods of social organization, is the subject of hostility on the part of anarchists. For all its problematic etymology owing to the different interpretations of the element "άρχή", Anarchy, in the words of Malatesta means "society organized without authority".

We are anarchist communists not because we want to impose our point of view or our authority, but because we do not believe there can be a way out, a valid alternative, without the cooperation of everyone in order for there to be happiness and freedom for all. This will come from the emancipation of the class, known in the traditional sense of Marxian-descended politics, the proletarian class. What falls into the proletariat today is no easy matter to decide, and can be the cause of much argument. However, the task that anarchists have within the exploited class of an enlarged, varied and international proletariat is clear in our opinion: we must be an active political presence, we must use any available instrument which can lead to the emancipation of class consciousness, through information, symbolic and political de-masking or propaganda. It is for this very reason that we will not turn our backs on any possibility for the conquest of partial freedoms and partial justice. It for this very reason that our role will not be debased by going beyond the consciences of others and striking out alone basing ourselves on positions which are as ideologically pure as they are incomprehensible to our various comrades. Institutionalized political power regulates social life by means of laws - our political activity is directed at encouraging a wide-ranging and popular will which has the precise aim of diminishing this power and to ensure above all that the State does not make too damaging use of this power which it still holds. 

Errico Malatesta wrote these words with regard to the Constitutional Assembly, words which can still provide useful reflection even today:

"The problem therefore is to conquer at the very least a modicum of liberty which is indispensible for every form of progress. In Italy there will be a Republic, and we will contribute to its triumph by competing to destroy the common obstacle which precludes the way for us and for the republicans. But we will not become republicans for this. We will take advantage of the situation to strengthen our ranks, to widen our propaganda and we will continue to aim for the immediate expropriation of the capitalists as a preliminary condition to any true liberty." [1]

The fact that we are part of the working class, that we are organized workers who also fight for better working conditions and to increase class awareness and consciousness, leads us naturally to involve ourselves in every battle, here and now, that workers find themselves fighting. Be it in offensive battles, in order to obtain wage increases, services or liberties, or in defensive battles, where we must defend what has already been won in better times.

On 15th June there will be a referendum on Article 18 of the Workers' Statute. This, for us, is a battle which is offensive and defensive at one and the same time. 

Article 18 protects workers from dismissal without due cause, for example for having expressed ideas and opinions which are not shared by the employer, for joining a union, for participating in a strike, in other words for being a "troublesome" employee. It is a law which protects the freedom of expression and opinion and can help to protect the worker from blackmail on the part of the employer.

This protection is currently limited to workers in companies which have more than 15 employees, which make up only 10% of Italian companies - a tiny amount. For all other workers (making a majority of 65%) this law is not applicable. These workers are not protected against discrimination or arbitrariness on the part of the bosses.

The referendum simply seeks the extension to everyone of a right which many already enjoy.

It is a battle of principles, for freedom and equality between workers, but not only this. It is above all a battle of substance. Confindustria [2] and the Government are patently carrying out a systematic demolition of rights and destabilization of the world of labour. It is a plan which serves only to render the worker's living ever more precarious.

The infamous "White Book", and its legislative enactment, represents the framework of this subversive plan. Bill No.848, which is by now a State law (Law No.30, 14th February 2003), and its "little brother" 848-bis, which contains the transfer of the modification of Article 18, both seek to increase the precariousness of labour through what is in effect a pincer movement - on one hand, rights which have already been won are being limited or eliminated (such as Article 18) while on the other hand, it is getting easier and easier for companies to use unprotected workers.

In simple terms, what is happening is an attempt to increase more and more the number of "atypical", temporary, unprotected workers. While so far the bosses' strategy has been to concentrate on workers with fixed-term contracts, with the latest law the offensive has been directed towards the entire labour force.

The effect of Law 30 is, in fact, all the more devastating the more it succeeds in limiting application of the protection provided by Article 18. Conversely, it is evident that the extension of Article 18 to people who are not currently covered would succeed to a certain extent in limiting the damage of this iniquitous law.

A quick example: the introduction of the new law eliminates some requisites which had previously been necessary in order to authorize the farming out of areas of company activity and it is no longer necessary to show the real functional autonomy of these sections. It will therefore be possible to split a firm up into many smaller enterprises, even with fewer than fifteen employees, without any functional or organizational reason other than that of eliminating the obligations towards and protection of the employees.

The introduction of so-called "staff leasing", too, meaning long-term, continual temporary work is nothing less than putting under the protection of law that strategy of the bosses to use workers as interposition of labour, administrated outside of regular collective bargaining in order to get rid of all contractual obligations and rules as laid down by law and union bargaining, suc as Article 18.

The distructive effect of these manoevres can be countered by extending to those who are not covered at present the right of unfairly dismissed workers to their old jobs.

Winning this referendum for us means the start of a new season of struggles. We must fight so that workers' protection, workers' rights and the rules governing employment are extended to that huge area of "untypical" workers who are either unprotected or only barely so. Already in Italy there are about 2,400,000 workers on "co.co.co." [3] contracts - or 11% of the total workforce.

Winning this referendum is possible. The huge mobilizations of workers on 15th February, 23rd march and 16th April 2002 revealed the enormous potential for struggle which we are all obliged to nurture. The battle for Article 18 risks becoming a mere battle of principles if we do not use it as a launchpad for renewed struggle against those policies which attack wages, rights and the living conditions of millions of workers, young people, old people and immigrants, policies carried out by this Government riding the wave created by the previous centre-left executives.

Winning this referendum will be a turning point. We can finally leave behind us the days of income policies and partnerships and open once and for all a phase of conflict which workers have been demanding through their demonstrations, their strikes and the mobilizations of recent years.

It is only the first step, but it is an important one. That is why we are asking everyone to vote YES to this referendum. 

If we want to block the attempt by Confindustria and the Government to reduce labour and workers to the level of mere merchandise, not only must we fight in order to hold on to the rights that have already been won, but we must begin to fight for an extension of rights to all those workers who do not enjoy them.

This referendum is a first step in this direction. An essential step, but one which at the same time is not sufficient on its own - we must be aware that the only road towards the betterment of workers' conditions lies in direct action by and self-organization of the workers themselves. In the past, it was the workers themselves who fought for and won what rights they have, it was not thanks to any State referendum orlaw. This referendum will be useless if we are unable to follow it up with struggle, built from below and free of all bureaucratic direction, towards the contruction of a unitary platform based on the fight against temporary labour and for European-level wages.

For all these reasons, the organized action of anarchists within the unions and within all those proletarian groups which are involved in the struggle can only be coordinated and directed towards a common goal in defence of the immediate historic interests of the exploited classes. The orientation of an anarchist political organization can, therefore, only be clear and unequivocable, avoiding all confusion regarding positions and all contradictions. A politically significant choice in these cases depends on the anarchist political organization being able to make a united proposal, with positions which are based on the material conditions of the present state of the class conflict.

This is how the Federazione dei Comunisti Anarchici is oriented. This is why the comrades of the FdCA have chosen to say YES.


Federazione dei Comunisti Anarchici
Council of Delegates

Bologna 18th May 2003

Notes:

[1] From "Ancora di Repubblica e Rivoluzione", in "Pensiero e volontà", 15th June 1924. Quoted in Errico Malatesta, "Scritti scelti", edited by G. Cerrito, Rome, Savelli, 1973, p.148.

[2] The Italian industrial employers' federation.

[3] Workers with "continuative contracts of collaboration", in effect permanent temporary status, without any of the protections enjoyed by more "typical" workers.