ICFTU INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS annual survey of violations ➔of trade union rights Period under review: January to December 2001. The survey was written by the ICFTU Trade Union Rights Department. ICFTU Boulevard du Roi Albert II, 5, bte 1, B-1210 Brussels - Belgium Tel. 32-2-224.02.11 - Fax 32-2-201.58.15 E-mail: [email protected] - website: www.icftu.org ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2002 Contents 030 FOREWORD 5 ASIA AND 119 Introduction THE PACIFIC 122 Australia EIGHT ILO CORE 124 Azerbaijan LABOUR 125 Bangladesh STANDARDS 7 127 Brunei 128 Burma AFRICA 9 Introduction 130 Cambodia 12 Algeria 131 China 13 Angola 137 Fiji 14 Benin 139 Hong Kong SAR China 14 Botswana 141 India 15 Burkina Faso 143 Indonesia 16 Cameroon 147 Japan 18 Central African Republic 148 Kazakhstan 19 Chad 150 Korea,Democratic People’s Republic of 20 Democratic Republic of Congo 151 Korea,Republic of 22 Djibouti 157 Kyrgystan 23 Egypt 157 Laos 24 Equatorial Guinea 158 Macao SAR China 25 Ethiopia 159 Malaysia 27 Ghana 163 Maldives 28 Guinea 163 Nepal 28 Kenya 164 Pakistan 30 Lesotho 168 Philippines 32 Libya 170 Singapore 32 Madagascar 171 Sri Lanka 34 Malawi 173 Tadjikistan 35 Mauritania 173 Taiwan 37 Mauritius 174 Thailand 38 Morocco 178 Turkey 40 Mozambique 182 Vietnam 41 Namibia 42 Nigeria EUROPE 183 Introduction 43 Rwanda 186 Andorra 44 Senegal 186 Belarus 45 South Africa 189 Belgium 47 Sudan 190 Bosnia 48 Swaziland 191 Bulgaria 49 Tanzania 192 Croatia 50 Togo 194 Czech Republic 51 Tunisia 196 Georgia 52 Uganda 197 Germany 53 Zambia 197 Hungary 54 Zimbabwe 200 Latvia 201 Lithuania 202 Malta AMERICAS 57 Introduction 203 Moldova 60 Argentina 204 Poland 63 Bahamas 205 Romania 64 Belize 206 Russian 64 Bolivia 209 Slovak Republic 66 Brazil 210 Spain 69 Canada 211 Switzerland 72 Chile 211 United Kingdom 73 Colombia 213 Ukraine 82 Costa Rica 215 Yugoslavie,Federal Republic of Serbia 85 Cuba 86 Dominican Republic MIDDLE EAST 217 Introduction 87 Ecuador 220 Bahrain 89 El Salvador 221 Cyprus 91 Guatemala 222 Iran 96 Guyana 224 Iraq 96 Haiti 224 Israel 99 Honduras 226 Jordan 100 Jamaica 226 Kuwait 100 Mexico 228 Lebanon 103 Nicaragua 229 Oman 104 Panama 229 Qatar 106 Paraguay 230 Saudi Arabia 107 Peru 231 Syria 109 Trinidad and Tobago 232 United Arab Emirates 110 United States of America 233 West Bank and Gaza 114 Venezuela 234 Yemen APPENDICES 236 ILO conventions 87 & 98 ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2002 Foreword 050 During the period covered by this Survey, trade unions have been making their presence felt. They have been out in the streets, in the press, in the public eye, speaking out against repression, demanding democratic rights and of course the respect of workers’ rights. Governments know they cannot ignore those demands. Or at least, that they should not be seen to do so. Many of them champion rights and democracy, they agree that respect for certain rights are not negotiable, that certain workers’ rights are fundamental. Companies too parade their "corporate social responsibility" to their customers, shareholders, and even to their employees. Yet despite this public recognition, govern- ments and employers are still guilty of violating fundamental workers’ rights. This year’s survey records continued and widespread harassment of trade unionists, ranging from the simple refusal to recognise or bar- gain with a union to dismissals, imprisonment and even death, including the horrific death toll of 185 murdered trade unionists in Colombia. Why does this happen? In some cases, of course, regimes simply fear that democracy will take root, and to counter this, they outlaw, or other- wise block the self-organisation of workers through trade unions. Burma is an obvious example. Elsewhere, the evidence still points to a direct relationship between attacks on workers’ rights and accelerated global liberalisation of trade and investment. The pursuit of wealth and the pressures of competing in a global marketplace encourage employers to cut corners where they can, usually at the expense of the workers. Organised protest is still all too often repressed by persecuting union organisers, putting their names on black lists, intimidating workers into leaving the union and sacking strikers. Such action by employers is often supported, or quietly ignored, by the police forces and justice systems of governments eager for foreign investment. In the Republic of Korea riot police were sent in to violently repress strike action. Over 200 trade unionists were detained for their activities, with more than 50 still in custody at the end of the year. In China, now a member of the WTO, trade union activists can still face 20-year prison terms, or even life imprisonment. In many countries the violations may not be so dramatic, but the strike- breaking techniques practised in Australia, and the union busting still rife in the United States are nonetheless a denial of fundamental rights, as are the legislative restrictions on the trade union rights of many pub- lic service workers around the world. The ICFTU has been urging the international community to act to put in place regulations that would prevent violations of trade union and other human rights at work being used to gain competitive advantage in the ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2002 060 global market. So far that hasn’t happened. So it is all the more impor- tant that, wherever there are violations of trade union rights, the inter- national trade union movement is there to support workers. It is there giving practical daily support to trade unions, as well as making repre- sentations in key international bodies, notably the UN’s International Labour Organisation, and orchestrating protests campaigns, often in a broad coalition with other human rights groups. As the evidence in this Survey show, this can and does make a difference. International trade union solidarity has led to the resolution of disputes, the reinstatement of trade unionists, the recognition of trade unions, and the release of work- ers’ leaders from detention. At a broader level, the shift in perception can be seen even in the notoriously anti-union Gulf States where Saudi Arabia has taken some first, timid steps towards permitting worker rep- resentation. We are making a difference. We will continue to do so. Guy Ryder General Secretary ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2002 070 The eight core labour standards of the ILO (International Labour Organisation) It is indicated in the text whether a country has ratified the following conventions : • N° 29 Forced or Compulsory Labour (1930) • N° 87 Freedom of Association and Protection of the Right to Organise (1948) • N° 98 Right to Organise and Collective Bargaining (1949) • N° 100 Equal Remuneration for Work of Equal Value (1951) • N° 111 Discrimination in Employment and Occupation (1958) • N° 138 Minimum Age for Employment (1973) • N° 182 Worst Forms of Child Labour Convention (1999) ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2002 The mounting unrest, and in some cases open conflict, in many countries in Africa, is partly a consequence of the failure of the governments concerned to uphold democratic principles and the rule of law and respect the fundamental rights of their citizens. Trade union rights are frequently the first victim of this lack of respect. At the same time, in countries such as South Africa and Botswana, genuine efforts are being made to ensure the respect of fundamental rights. The cumulative effect of the IMF and World Bank-supported structural adjustment programmes continued to have a Africa severe impact on workers, with a steady stream of job losses during the year. In many countries workers were not paid for work undertaken, resulting in wage arrears of many months. Meanwhile, those who find themselves out of work are turning in their millions to the unprotected, informal economy, to eke some sort of a living. In Ethiopia, there was little change in respect to the teachers’ union, which is no longer functional. Its president remained in jail, having been arrested in 1996 and subsequently imprisoned under a questionable judicial process. Many workers were dismissed in the course of strike action. Several trade union leaders were arrested during the year. In Chad, the president and general secretary of the UST were arrested on May 30. So too was the general secretary of USTC, in the Central African Republic. He was arrested on June 17 when he was returning from a trip outside the country. He was released the following day thanks largely to ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2002 pressure orchestrated by the international trade union movement. And in Malawi the General Secretary of the Post and Telecommunications Workers’ Unions was arrested, seemingly because of his union activities. The trade union situation in Malawi deteriorated. Many trade union leaders lost their jobs, in what would appear to be cases of victimisation. In Morocco trade unionists suffered from a similar lack of protection against anti-trade union discrimination. But whereas in Morocco trade unionists are arbitrarily dismissed or discriminated against due to the inadequacy of the law, in Malawi these acts of anti-trade unionism are carried out despite the law. It would seem the state is powerless to intervene. Developments in Senegal were also a cause for concern. The amendment to the constitution of Senegal which states that strike action “should not jeopardise companies”, was the first sign of unwelcome developments to come. Since then, government interference in internal trade affairs has become increasingly evident. The long-running trial of trade unionists in Swaziland, including the SFTU General Secretary Jan Sithole, continued.