2000
Violations of Trade Union Rights
Kathryn Hodder
ICFTU
“[We will] Put the creation of employment, the reduction of unemployment and the promotion of appropriately and adequately remunerated employment at the centre of strategies and policies of Governments, with full respect for workers' rights and with the participation of employers, workers and their respective organizations...” Region by region, however, this is the situation regarding the violations of these rights.
AFRICA
In
Zambia public sector workers faced a wage freeze and plans to lay-off tens of
thousands of workers. When the ZCTU demanded talks, the government threatened to
de-register it. In Niger the government responded to public sector strikes over
unpaid wages by saying that it had to follow a tough structural adjustment
programme and it would be cowardice for the government to back down on reforms
for reasons of short term expediency. Never mind that the workers needed to eat.
Single,
government-controlled trade unions seem to be a thing of the past, although
independent trade unions are still banned in Libya, Sudan, Egypt and Equatorial
Guinea. Elsewhere unions are still treated with suspicion, such as Malawi where
the government claimed they were being used by other organisations to cause
civil unrest.
In
Zimbabwe respect for trade union rights and civil liberties deteriorated. The
ZCTU was accused of being puppets of the white community, and at the end of the
year there were reports that the security forces were investigating suspicions
that it was receiving foreign funding. In Ethiopia, the teachers’ union is
still subject to repeated harassment and its leader, Taye Woldesmiate, was in
prison for the third year running. Harassment of trade union leaders continued
unabated in Swaziland.
Governments
still impose legal limitations on many trade union rights. Swaziland’s
repressive Industrial Relations Act remained in force despite the fact that
amendments were drawn up with ILO assistance. In many countries, the right to
organise is limited in the public sector. In Lesotho, for example, civil
servants are banned from forming unions, as are all public service workers in
Ethiopia. Collective bargaining is also undermined in the public sector, in some
cases by governments unilaterally setting wages. The right to strike is often
banned in the public services, and obstructed in general by heavy a cumbersome
procedures.
In
the export processing zones, the governments are still all too keen to attract
foreign investors, and either exempt the zones from labour legislation, such as
in Zimbabwe, or simply do not provide the necessary human resources to enforce
it. This is the case notably in Lesotho, Kenya, Madagascar, Malawi, and to a
lesser extent, in Mauritius.
It
is unfortunately still commonplace in Africa that when trade unions finally
decide to take action, to protest at lay-offs, wage freezes or unpaid wages, the
typical response is repression, even violence. In Kenya armed police were used
to disperse 400 protesting nurses, striking bank workers were beaten, and
teargas was used to break up a teachers’ demonstration. Police were also sent
in to attack strikers Burundi, Djibouti and Egypt. In Zimbabwe national strikes
were declared illegal for six months.
Deaths
were also recorded. During a wage dispute in Lesotho a woman worker was shot
dead by police, while in Zambia two workers suffered the same fate when a
demonstration turned violent. All they wanted was the payment of their salaries.
In Zimbabwe too a youth was shot dead during a protest. In Swaziland the
wheelchair-bound former treasurer of the SFTU, Mxolisi Mbata, died from injuries
sustained when beaten by the police in 1997. In Morocco, an official report was
published showing that trade unionists had died in prison.
It
was not all bad news however. Things were looking up in Nigeria when, following
the death of General Abacha in June, trade unions leaders, including the NUPENG
and PENGASSAN leaders, Frank Kokori and Milton Dabibi, were released from
prison, unions were freed from government control and harsh anti-union laws were
amended or repealed. In Tanzania the single trade union system was ended, and in
Namibia a tripartite agreement was reached on improving its labour laws.
Although South Africa appears to the first time in the Survey since its
democratic elections, the overall framework for industrial relations and trade
union rights continues to be satisfactory.
Despite
these small glimmers of hope, however, there is still a very long way to go
towards the real respect of trade union rights in Africa.
The
unions are looking forward to the day when the government sends in the
negotiators, not the riot policy.
AMERICAS
Nowhere
is a workers’ rights clause in trade agreements more urgently needed than in
the Americas, where the most appalling abuses still take place. Regrettably,
negotiations for the Free Trade Area of the Americas have steadfastly ignored
that need.
Deregulation,
privatisation and austerity measures continue to be the order of the day,
leading to job losses, price rises and wage ceilings. Workers protests against
the deteriorating situation are often met with violence, even death. A general
strike in Bolivia sparked by price rises and job cuts led to violent clashes
with police, in which several where killed and many injured. In Ecuador at least
three people were killed in protests against the government’s economic
policies. There were also signs of a resurgence of death squad activity in the
country, when the tortured body of trade union leader Saúl Canar Pauta, was
discovered in December.
In
Brazil, clashes between landowners and landless rural peasants worsened and in
March another two members of the MST rural worker’s union were killed. In
Mexico a teachers’ union activist was shot dead.
The
death toll fell in Colombia, but the total of over 90 workers assassinated
during the year is still a grim reminder of the level of hostility towards the
unions. And the fact that the government allows it to happen.
Governments
still turn a blind eye to abuses. In Costa Rica the Labour Ministry ignored
union complaints of harassment and violations of labour law. Recommendations
made by the ILO in respect to the fertiliser company, FERTICA, were ignored by
authorities and management alike, and the violations continued. In Guatemala,
labour inspectors colluded with employers to destroy unions.
Behind
the headlines about the banana trade war between the US and the European Union,
another battle was being fought, for the rights of workers on the plantations.
They are still forced to work long hours in dangerous conditions, exposed to
toxic substances that have caused ill-health and the birth of genetically
deformed babies. In Honduras, a union leader was shot death. He had been calling
on a US company to compensate the workers affected by pesticides.
The
export processing zones remain a union black spot. International exposure of bad
working practices and commercial pressure did lead some companies to draw up
codes of conduct, but this was largely a cosmetic exercise. Inhuman working
condition, long hours and low pay still prevail, and the authorities do nothing
to change that.
On
a positive note, in Brazil there are plans to put an end to its single trade
union structure, which is already ignored in practice, while in Argentina, the
government agreed on labour law reforms with the trade unions. Chile ratified
ILO conventions No. 87 y 98, although it still needs to amen its labour
legislation. In Venezuela, a tripartite agreement was reached in May to bring
its restrictive labour legislation into line with ILO standards.
North
America is doing little to set a good example. In the United States the legal
protection of union rights is still inadequate, and there is a trend towards bad
faith bargaining among employers. In Canada, despite some legislative changes,
there is still interference in the collective bargaining of public sector
employees.
The
overall picture in the Americas is of the growing power of multinationals, at
the expense of workers’ rights. It need not be the case. It is time they used
their power positively, and they could start by agreeing, together with
governments, to abide by the ILO’s core conventions.
ASIA
Asia
was still reeling from the effects of the financial crisis in 1998. A rapid rise
in bankruptcies and mass redundancies led to a massive increase in unemployment
and poverty. Hundreds of thousands lost their jobs in Thailand, unemployment
doubled to 8% in the Philippines, tripled to 9% in the Republic of Korea, and
reached an all time high of 16% in Indonesia. In Hong Kong too workers were laid
off, without compensation.
Millions
of workers were also laid off in China, in state-owned factories. There were
many protests over lay-offs, which led to confrontations with the police.
Workers have little means of defending themselves, as the All China Federation
of Trade Unions (ACFTU) is part of the ruling party’s apparatus and exists to
carry out its policy. Independent trade unions are still banned in the country,
and more independent labour activists were imprisoned during the year. Many
remained in prison or labour camps from previous years, and were frequently
singled out for harsh treatment, including physical violence.
In
Burma the FTUB maintains underground structures, its activists under constant
surveillance and in permanent fear of arrests and torture. The ban on
independent trade unions also remains in force in the Dem. People’s Rep. of
Korea.
The
biggest improvement during the year was in Indonesia, following the resignation
of President Suharto. ILO Convention 87 was ratified, independent trade unions
were recognised and trade union activists, including Muchtar Pakpahan, where
released from prison. Attitudes do not change overnight however. The army and
the police still intervene in strikes and protests.
In
the Republic of Korea the unions had a turbulent year. While agreements were
made about changing the law to give some trade union rights to public sector
workers and teachers, almost 500 trade unionists were arrested or wanted for
arrest. In Turkey, violations of trade union rights continued and the question
of bargaining for public sector workers had still not been resolved.
In
Thailand, no state employees can belong to unions. It was believed that the
government deliberately frustrated the passage of a state enterprise reform
bill, which would have restored trade union, rights. In Bangladesh too, many
public sector workers are banned from joining unions.
In
Pakistan the government declared that Ghazi Barotha Hydro Power Project and
essential service, severely restricting trade union rights at the project. At
the end of the year it installed the army to run the state-owned water and power
supply company, WAPDA, and suspended the trade union there.
Organising
and bargaining rights are most limited in the export processing zones (EPZs). In
Bangladesh unions are banned in law, in the Philippines the zones are virtually
union free, in Sri Lanka labour law is not enforced in EPZs.
In
Fiji’s tax free zones, where one garment manufactures compelled workers to
work 36 hours at a stretch, it is virtually impossible to organise because of
employer hostility. In Cambodia an employer introduced a rule compelling workers
to work all night to meet export orders.
One
of the biggest attacks on union rights was in Australia, where there was a major
assault on the maritime union. Attempts to break the union and introduce
non-union labour in the docks continued. Patrick Stevedores sacked all 2,000
dock workers, and security guards with dogs moved in to forcibly remove workers.
The Minister of Workplace Relations welcomed the sackings. The workers were
later reinstated, after the federal court upheld an injunction brought by the
MUA, with the backing of international trade union solidarity. The 1996
Workplace Relations Act violates basic trade union rights, including by
undermining the right to collective bargaining.
New
Zealand also failed to set a good example. The government ignored ILO
recommendations to amend its brutal Employment Contracts Act, which dismantled
the previous system of collective agreements, replacing them with individual
employment contracts.
EUROPE
Economic
trends are making themselves felt in Europe too. Globalisation is a reality, and
with it liberalisation which has had a devastating effect on the transition
countries of Central and Eastern Europe. The results are more precarious
employment, less collective bargaining and more individual contracts.
In
the Russian Federation, some 20 million workers in the public and private
sectors are affected. There were general strikes in April and October in which
the main demands were for payment of wage arrears, together with calls for wage
increases and social reforms. In Croatia, 30.000 workers were affected, facing
delays in payment of their wages of between 1 and 40 months. In Kazakhstan
workers went on hunger strike in protest at two-year salary arrears and 200 were
arrested.
The
tendency towards individual fixed term contracts replacing collective agreements
continued, as did mass dismissals resulting from reorganisation and
bankruptcies. In Romania, trade unions held demonstrations protesting at the
dire economic situation, unemployment and feared layoffs in light of plans to
close loss-making state factories, affecting some 70,000 workers. In Belarus and
in Serbia there was simply no rule of law, and trade union rights were violated
systematically.
Trade
union assets questions remained unresolved in Croatia and Lithuania. In Belarus
and Estonia, laws forced trade unions to re-register themselves, or face
dissolution.
In
Azerbaijan, trade unions reported that foreign-owned companies obstructed trade
union organising and sacked union leaders. In Bulgaria, where the economic
situation continued to deteriorate, the KNSB and Podkrepa released a “black
book” of the mainly foreign-owned companies, including multinationals, taking
advantage of the economic crisis to exploit workers. In some cases, particularly
the textile industry, workers had no contracts at all.
Social
dialogue deteriorated Hungary when the new government came in, while in
Kazakhstan violations of trade union rights continued unabated.
In
France meanwhile, workers in small and medium-sized enterprises experienced
difficulties in setting up unions and carrying out union activities. Strikes are
still banned in the oil industry in Norway, and Germany persisted in its
long-standing strike ban for many categories of public servants, despite
repeated ILO criticism.
On
the positive side, since the change of government in the Czech Republic, social
dialogue has resumed and a tripartite declaration was adopted.
In
Western Europe, there were improvements in the United Kingdom where the
government set out proposals to restore legal recognition for collective
bargaining to representative trade unions. The proposals also went some way to
restoring other basic rights removed in the 1980’s and 1990’s.
MIDDLE
EAST
Much
of the Middle East is still a black spot as far as the trade unions are
concerned, particularly the Gulf States.
In
Qatar trade unions are illegal, in Saudi Arabia they are banned by royal decree.
Similarly in the United Arab Emirates trade unions are illegal, the law does not
recognise the right to bargain collectively or to strike. The ban on trade
unions in Bahrain continues. In Iran, workers’ representation exists mainly to
promote a political, religious and welfare agenda. The rules for the functioning
of the Islamic Labour Councils are drawn up by government Ministers.
Independent
trade unions are banned in Iraq and Syria, where collective bargaining is very
restricted. In Iraq there are no laws guaranteeing bargaining.
Lesser
restrictions exist in countries such as Lebanon, although the authorities
continue to interfere into trade union affairs. The labour code dates back to
1946, many government employees are not allowed to form or join unions and the
Ministry of Labour enjoys broad powers. In Jordan public sector workers and
non-nationals do not have the right to organise, bargain collectively or to
strike. In Kuwait foreign workers, who make up 80% of the workforce, have to
wait five years before they can join a union. Domestic servants and seafarers,
as well as Indian and Pakistani workers in state or public sector jobs, or on
fixed-term contracts, cannot join unions.
Many
countries in the region still have a large migrant workforce, although the trend
now is towards lessening dependence on migrant workers and give jobs to country
nationals. In Qatar three quarters of the workforce are migrants and are
dependent on their employers for residency rights. Domestic workers are
particularly vulnerable to ill-treatment. In Bahrain two thirds of the workforce
are expatriates, and are under-represented in the country’s joint council
system. Labour law does not apply to domestic servants. Similarly in Saudi
Arabia, about half the workforce are migrants, and are vulnerable to widespread
abuse, particularly domestic servants. Their movements are restricted, they are
often confined to the employers’ home, underfed and subjected to physical and
sexual abuse. It is a similar story in Kuwait and Oman. The United Arab Emirates
has the largest migrant workforce, estimated at between 85 and 90%. They risk
deportation for trying to organise unions or going on strike.
Israel
and the West Bank and Gaza are perhaps a case apart. Israel respects basic trade
union rights, although the situation is certainly not perfect. New proposals may
give the Ministry of Finance more powers to interfere in pay bargaining. The
West Bank and Gaza still have no labour code. A 1996 draft restricted trade
union autonomy and did not allow public servants to join trade unions. The
Palestinian Authority was working on a new draft in 1998, and asked the ILO for
assistance.
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