ICFTU INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS annual survey of violations of ➔trade union rights The violations of trade union rights reported in this survey took place in 1999. The survey was written by Kathryn Hodder of 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 2000 Contents 0 FOREWORD 5 ASIA 89 Introduction 92 Australia EIGHT ILO CORE 94 Bangladesh LABOUR 97 Burma STANDARDS 6 98 Cambodia 100 China STATISTICAL 105 Fiji ANALYSIS 7 106 Hong Kong Special Administrative Region of China AFRICA 13 Introduction 109 India 16 Botswana 110 Indonesia 16 Burkina Faso 114 Japan 17 Cameroon 115 Korea (North) 18 Cape Verde 115 Korea (South) 19 Central African Republic 118 Laos 20 Democratic Republic of Congo 119 Malaysia 21 Djibouti 121 Nepal 22 Egypt 122 New Zealand 23 Equatorial Guinea 123 Pakistan 24 Eritrea 125 Papua New Guinea 24 Ethiopia 126 Philippines 25 Gabon 128 Singapore 26 Ghana 129 Sri Lanka 27 Kenya 130 Taiwan 28 Lesotho 131 Thailand 29 Libya 133 Turkey 29 Madagascar 135 Vietnam 30 Mauritius 31 Morocco EUROPE 139 Introduction 32 Namibia 142 Belarus 33 Niger 144 Belgium 34 Nigeria 144 Bulgaria 36 Senegal 146 Croatia 36 South Africa 147 Czech Republic 37 Sudan 148 Estonia 38 Swaziland 148 Georgia 40 Tanzania 149 Germany 41 Togo 149 Hungary 42 Tunisia 150 Kosovo 43 Uganda 151 Malta 44 Zimbabwe 153 Norway 154 Poland AMERICAS 49 Introduction 154 Romania 52 Argentina 156 Russian Federation 53 Bolivia 159 Serbia 54 Brazil 160 Slovakia 55 Canada 160 Switzerland 57 Chile 161 Ukraine 57 Colombia 162 United Kingdom 62 Costa Rica 64 Cuba MIDDLE EAST 165 Introduction 65 Dominican Republic 168 Bahrain 65 Ecuador 169 Iran 67 El Salvador 170 Iraq 68 Guatemala 170 Israel 72 Guyana 171 Jordan 72 Haiti 172 Kuwait 73 Honduras 173 Lebanon 74 Mexico 174 Oman 77 Nicaragua 175 Qatar 79 Panama 175 Saudi Arabia 79 Paraguay 176 Syria 80 Peru 177 United Arab Emirates 82 Trinidad and Tobago 177 West Bank and Gaza 83 United States of America 178 Yemen 87 Venezuela APPENDICES 180 ILO complaints 188 ILO conventions 87 & 98 ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2000 Foreword 0 Much has been said about the need to include a social dimension into the globalisation process. In meeting after meeting, governments, representatives from international institutions, even employers, talk about how important "social inclusion" is. Yet, there is often a gap between words and deeds. At this June's UN meeting on the follow-up to the 1995 Copenhagen Social Summit, to cite one example, references to workers' fundamental rights as an indispensable pillar of social policy were watered down and the fierce opposition of a few hard-line countries (which figure prominently in this report for their poor performance on trade union rights) was sufficient to suppress any hope of seeing the ILO Declaration on Fundamental Principles and Rights at Work included in the final document. In fact, until today, there has never been such global acknowledgement of the need to take civil society and the social aspects of the economic process into account. But when it comes to protecting those women and men whose role it is to promote and defend workers' basic rights, little has improved. This year's annual survey cites workers' rights abuses in 113 countries. 140 trade unionists have been murdered in the twelve month period it covers, and hundreds have been beaten up, arrested, jailed and tortured for doing no more than carrying out trade union activities. Demanding payment of wage arrears, calling for improved working conditions, asking for dialogue and for negotiations, campaigning for welfare, for education and for a fair share of income. These are the only "crimes" that have led to people being killed or thrown in jail. This year's report gives us an opportunity to denounce the prevailing hypocrisy which sees government officials parading at international gatherings, ostensibly promoting basic rights, while those who actually defend them at home are being harassed, attacked, threatened, sidelined and silenced - sometimes for ever. Trade union rights are human rights. They form the very basis on which social justice can be built. It is high time that those who claim to lead the world, and actually should, fully integrate this in their day to day practices. Some of the heroes of this report are no longer with us. Their unflinching commitment will continue to inspire us and generations of trade unionists. The fight will go on. General Secretary ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2000 6 The eight core labour standards of the ILO (International Labour Organisation) It is indicated in the text whether a country has ratified the following conven- tions: • No. 29 Forced or Compulsory Labour (1930) • No. 87 Freedom of Association and Protection of the Right to Organise (1948) • No. 98 Right to Organise and Collective Bargaining (1949) • No. 100 Equal Remuneration for Work of Equal Value (1951) • No. 105 Abolition of Forced Labour (1957) • No. 111 Discrimination in Employment and Occupation (1958) • No. 138 Minimum Age for Employment (1973) • No. 182 Worst Forms of Child Labour Convention (1999) ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2000 0 Violations of trade union rights: statistical analysis Violations of trade union rights remain at least as frequent as in the past few years. In 1999, 140 people lost their lives, 17 more than in the previous year. The anti-union climate has been on the increase over the years and workers’ rights are being steadily whittled away. International conventions on trade union rights, to which a growing number of States have signed up, are paradoxically being respected less and less. Every year, new countries appear in the survey. The cases reported in it are a stark illustration of this negative trend and only represent the tip of the iceberg of daily violations of fundamental trade union rights. The ICFTU’s information is based on reports from affiliates, international trade secretariats, regional organisations, human rights organisations and the media. The statistics given below are only based therefore on a partial view of the trade union situation in the world. Trade unions in the Middle East, for example, are in most cases banned outright, or are closely controlled by the authorities. The workers are subject to massive rights abuses but very little concrete information can be obtained from these countries. The figures should therefore be treated with caution. The survey does however reflect a certain situation that the statistics below seem to confirm. For example, in over 10% of the countries analysed, trade unionists have died. In nearly one in three countries, trade unionists were wounded, while unfair dismissals following trade union activities took place in nearly 40% of countries. The government interfered in trade union affairs in at least one country in four. Obstacles to the functioning or formation of a trade union can be found in nearly 90% of the countries examined. A. DEATHS AND ASSASSINATIONS 1. Total per region 100 90 . Europe: 9 80 . Africa: 2 60 Middle East: . 0 39 40 Asia and the Pacific: . 39 20 9 Americas: . 90 2 0 Total: . 140 Europe Asia and the Pacific Africa Americas 2. Distribution by region of countries 15.40% where trade unionists died 7.70% Europe: . 15.40% 0% Africa: . 7.70% 53.80% Middle East: . 0% 23.10% Asia and the Pacific: . 23.10% Americas: . 53.80% Europe Asia and the Pacific Africa Americas Middle East Total no. of countries: . 13 ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2000 8 B. BEATINGS AND TORTURE 1. Total per region 800 728 . 700 Europe: 86 583 600 Africa: . 148 500 400 Middle East: . 0 300 . 200 148 Asia and the Pacific: 583 86 100 . Americas: 728 0 Total . 1545 Europe Asia and the Pacific Africa Americas 2. Distribution by region of countries where trade unionists were beaten 13.90% 33.30% or tortured . Europe: 13.90% 22.20% Africa: . 22.20% 0% Middle East: . 0% 30.60% Asie & Pacifique: . 30.60% Europe Asia and the Pacific Americas: . 33.30% Africa Americas Middle East Total no. of countries: . 34 C. ARRESTS AND DETENTIONS 1. Total per region 2500 Europe: . 48 2023 2000 Africa: . 254 1500 Middle East: . 51 1000 Asia and the Pacific: . 566 566 500 254 Americas: . 2023 48 51 0 Total . 2942 Europe Asia and the Pacific Africa Americas Middle East 2. Distribution by region of countries 6.25% where trade unionists were 25% arrested or detained 31.25% Europe: . 6.25% Africa: . 31.25% Middle East: . 6.25% 31.25% 6.25% Asie & Pacifique: . 31.25% Europe Asia and the Pacific Americas: . 25% Africa Americas Middle East Total no. of countries: . 32 ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2000 0 D. STRIKES AND DEMONSTRATIONS REPRESSED 1. Total per region 70 62 Europe: . 15 60 50 Africa: . 27 40 34 Middle East: . 1 30 27 20 15 . Asia and the Pacific: 34 10 1 Americas: . 62 0 Total: . 139 Europe Asia and the Pacific Africa Americas Middle East 2. Distribution by region of countries where strikes and demonstrations 14.60% 33.30% were repressed Europe: . 14.60% Africa: . 31.20% 31.20% . Middle East: 2.10% 18.80% 2.10% Asie & Pocéanie: . 18.80% Europe Asia and the Pacific Americas: . 33.30% Africa Americas Middle East Total no. of countries: .