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Co-operative Act

Date interview: March 13 2016
Name interviewer: Facundo Picabea
Name interviewee: Carlos Aulet
Position interviewee: president of a federated housing Co-operative


Social enterprises Social-economic relations New Framing National government Legal status Dilemma Business models Assimilating Adapting

This is a CTP of initiative: ICA/Fucvam (Uruguay)

This CTP was chosen because the Cooperatives Act implies a number of significant changes in the cooperative movement in general, and especially for FUCVAM. Unlike most CTP analysed, in this case, the enactment of the Act represent to FUCVAM negative aspects. Although the FUCVAM visibility remains very large; the co-operative movement gained visibility in general, especially the work co-operative. This downplayed the FUCVAM preponderance in relation to the entire sector. Historically, the cooperative movement in Uruguay was associated with leftist political parties: socialists, anarchists and social democrats. The movement has its origins at the beginning of the 20th century but became very important in Uruguay from co-housing movement in the 1960s and especially when began fighting for the Housing Act. In 2008 was enacted the Cooperative Law 18407, during the government of Tabare Vazquez. The cooperative movement organized the original law project, specifically fostered by the Uruguayan Confederation of Cooperative Entities (CUDECOOP). "The approval of the law allowed, among other things and taking into account general aspects, distinguish co-operative activity of other entities, such as commercial companies. In addition, the law created the National Institute of Cooperatives. " While the law passed contains provisions common to the whole sector, and its operation meant a novelty for the cooperative sector, the implementation of the various provisions and legal institutions contained in the law, were revealing the advisability of adequacy of some of its provisions. At present, the labour movement has 400,000 members that represents a large majority in the Uruguayan society, and has become the protagonist of social change in Uruguay. In this context, FUCVAM began to lose leadership in co-operative movement.

Co-production

The Cooperative Act played an important role for FUCVAM in its trajectory. The political decision and the main technical aspects of the law, were developed by the Frente Amplio (Broad Front) government. The main actor in the enactment of the Cooperatives Act was undoubtedly the state. Associated with a progressive ideology, the Frente Amplio's government proposed since his first term strongly encourage all linked to the cooperative movement. The CUDECOOP gathers the entire cooperative spectrum: insurance, consumption, work, housing (mutual aid and prior savings). As mentioned, the Confederation driven the law as principal organism of Uruguayan cooperatives. One of the main organizations involved in drafting the document that later became law, was the National Institute of Cooperatives (INACOOP, for its acronym in Spanish). Then, the work took parliamentary state after the signing of the project by several legislators who make up this body. At the time of the creation of the Law, FUCVAM it no longer had the political weight it had before progressive governments. FUCVAM was certainly the main institution consulted for the creation of the law but only for the housing area. "Objectively FUCVAM has all the credentials to talk about housing. But, if they want to move from there and start marking the political agenda is more complicated. What happens is that since the government of the Frente Amplio, the trade union sector gained a lot of strength in relation to cooperativism". "The Federation continues to be important and influential, but now only in the area of co-housing." FUCVAM politically it is very independent. "No doubt, and this says our clarification of principles, we born of the working class, and that has defined clear guidelines as workers we are, which is heading and what our principles are. First of all, we should vindicate our claims as workers in all aspects of our struggle as workers." From the Law on Cooperatives it gained prominence Federation of Housing Cooperatives (FECOVI). FECOVI is the federation of co-housing by prior savings. They, also represent an alternative to the purchase of a house on the market, but does not include community work and developing cooperative training FUCVAM. In the last years, FECOVI increased his leadership in a co-operative movement in Uruguay. Specially because had one member in the CUDECOOP board.

Related events

The main event that was related to this CTP, is the construction of a national level alliance of centre-left, the Frente Amplio, which governs Uruguay since 2005. Since the first government of Tabaré Vazquez, and then, with José Mujica, the state turned to strongly support social programs that benefit the cooperative movement.

The government created the Portfolio of Land for housing (fiscal ground availability base), a policy that allowed the national government to have urban spaces availability, ensure the award and reduce the waiting time was created. How are the houses nowadays? How long it takes to build a home? Rocha replied: "We always advocate minimum 60 square meters of construction, to live a family. The quality it can be demonstrated only with see it. We try, because are our homes, to build with the best quality. Construction periods ranging from about 18 to 24 months. During those 24 months every family works 21 hours per week making mutual aid, plus work in commissions, and all activities that the cooperative. The assembly is sovereign and resolves all the activities." 

In this context, the government created the fiscal ground base. This was a parallel and fundamental process in the history of co-housing. From the Law, at most, after two years (two opportunities), the third is awarded the ground. "I remember that in the case of our cooperative, was established in 1997, and land and credit were achieved only in 2006, almost 10 years." "When he assumed the government of Frente Amplio, in 2005, that period was shortened at most of three years. That was fundamental to the co-housing movement.

Contestation

FUCVAM left the Uruguayan Confederation of Cooperatives Entities, at the time of the creation of the Cooperative Act. In this time, because of FUCVAM's history, it had a significant participation in the cooperative movement and therefore had a prominent place in in the Confederation. At that time, one of the two members in the National Institute of Cooperatives, is a member of Federation of Worker Cooperatives and the other is FECOVI member, the Federation of housing cooperatives prior savings. "How did this happen? Here? How FUCVAM is not present at that table? The truth is that until today not quite understand whether it was an intentional departure of FUCVAM, or worst, a political decision." In fact, there was a whole discussion because the union movement is seeking to build their own housing plan. The housing plan of union movement, burned in the metallurgical union "... Just when i was in the movement, I propose a model of collective ownership and mutual aid as FUCVAM. It did not go well, the proposal lost 32 to 5. In the board I continued to raise the need of new policies, but at the end prevailed a traditional building model of houses.” One of the problems that FUCVAM had and continues to have is the share of weekly work that must be met. For cooperative worker it is very difficult also to contribute 21 hours of work per week. "FUCVAM failed to develop a strategy to approach the trade union movement. What happens today is that clearly there is a distinction between the two." In that sense, FUCVAM presents today two opposing alternatives: continuing with the unavoidable use of working hours contributed by the cooperative members or opening towards a model that at least provides for financial compensation. The problem there is that when this compensation was allowed, were created "fakes" mutual aid cooperatives, which since its inception has proposed not to provide work and only sought to take advantage FUCVAM privileges. This process generated numerous debates within the Federation as there were two positions: 1- those who believe that FUCVAM is mutual aid, ie working hours; And 2- another group that is more flexible and considers that the identity of FUCVAM is not working hours, but cooperative management and collective ownership. For all this, in the last decade, FUCVAM decreased its growth rate in benefit for previous savings cooperatives and individual property. "Today there is a specific problem that is meeting weekly hours for years. Two or three years at least. Today it is very difficult to maintain a style of building homes so long. And there, the model of previous savings with individual property takes advantages."

Anticipation

One of the characteristics of the analysed process is the lack of anticipation or assimilation of FUCVAM of the growth within the cooperative movement of the worker cooperatives. This occurred with the creation of the Cooperative Act of 2008.

"While it is paradoxical, in recent years, when the service and manufacturer cooperatives grew both in Uruguay, FUCVAM remained aloof growth. I estimate that to preserve its characteristics and fundamental principles."

However, this phenomenon was understood, albeit belatedly, by the Federation. To counter this effect FUCVAM generated between 2010 and 2012 an important space for self-management. A place of philosophical debate for discussion of the new process that was in the making. At present, FUCVAM return to CUDECOOP, from a change in the leadership of the board.

"Today, I think FUCVAM lost some of its leadership because there is no inter-social organization (see Pay Strike case). FUCVAM have a lot of weight to talk about housing, but if you want to get out of there does not have the legitimacy that now has the labour movement."

Although FUCVAM could not anticipate the effects of the creation of the Cooperatives Law, it was able to understand what was happening and make changes to correct the situation. This was possible because the Federation had a great trajectory as a historical movement in the social transformation in Uruguay.

Learning

The main lessons learned from the enactment of Cooperatives Act are associated with designing strategies of the Federation, in relation to the entire cooperative movement. Since the Cooperative Law, it is fundamental that FUCVAM developed new strategies so as not to be surpassed by other types of cooperatives.

According to the testimonies of most members of FUCVAM cooperatives, the Law should strengthen the Federation and not the opposite. In that sense, linked to the Cooperative Law you can be systematized some FUCVAM learnings at different levels.

- FUCVAM was central within the cooperative movement in general from its opposition to military and right-wing governments. When they managed to achieve political objectives and obtain favorable laws in Congress, FUCVAM was geared entirely to co-housing construction and lost his leadership in the movement in general.

- FUCVAM do not accompanied in recent years the new co-housing movement, in which grew much the current system prior savings.

- Because of the increase in formal employment, it is increasingly difficult to meet work quotas by families.

- FUCVAM do not perceived the growth of cooperative work and therefore no strategy not performed to accompany the process without losing its leadership.

- The government followed the trends of cooperative work that do aim at creating conditions to promote economic and technical assistance to these cooperatives.

- FUCVAM no new proposals developed or created new demand and therefore remained outside the attention of the national government.

For all this FUCVAM understands that it must regain its prominence and creates new conditions for the expansion of its activities; both in a co-housing sector as a nationally co-operative movement. FUCVAM considered today these lessons for create a new strategy for recovery of his place in the cooperative movement. They are organized training seminars and plenary discussions in association with the aim of generating a new strategy for political action.

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