Building stronger unions in Asia Pacific through collective struggle

During a virtual meeting on 23 May, the co-chair of IndustriALL’s Asia Pacific executive committee, Akira Takakura, stressed that unions must take a firm stand against union busting, infringement of the right to collective bargaining, regressive labour law reform and the prosecution against trade unionists.

“Trade unions must show solidarity with other unions who are struggling. We will continue to support the fight for democracy in Myanmar and Ukraine, the struggle against the Omnibus law in Indonesia, and the economic crisis in Sri Lanka.”

Attending the executive committee meeting, the president of Confederation of Trade Unions of Myanmar (CTUM), Maung Maung, said that the repression against unions continues. Maung Maung is declared a non-citizen by the military regime, his passport is not valid and there is an arrest warrant against him. Despite bombings by the military, strikes and demonstrations still continue across the country.

Maung Maung shared that international solidarity is working and is putting pressure on the military at international forums like the United Nations and ILO. Trade unionists in Asia Pacific should tell their governments that the power base of the military regime is fragile, and if their governments refuse to support the regime, the people and workers of Myanmar will win. CTUM vows to work together with Ukraine in their fight against dictatorship.

The executive committee members discussed the economic crisis in Sri Lanka. With an inflation rate of 97 per cent, employers are asking workers to work four days per week, 12 hours a day, and women are asked to work at night. IndustriALL affiliates have been excluded from the National Labour Advisory Council.

Two positive developments in India are motivating unionists. After several nation-wide strikes, the Central Labour Minister in India has begun listening to trade unions on regressive labour law reform. The Indian National Mineworkers' Federation reported the collective struggle at a mine site achieved substantial increase of wages. An out-of-court settlement between the union and the employer was recently signed.

"The world is burning and workers' rights are under attack. Trade unions must join hands to restore democratic rule and to stop regressive labour law reforms and a deterioration of working conditions, like increasing working hours in factories and unsafe practices at mine sites,"

said Kemal Özkan, IndustriALL assistant general secretary.

Unionist nine-month jail ordeal expose workers’ rights violations in Madagascar

The rights are protected by Convention 87 on freedom of association and protection of the right to organize, and the national labour code. Madagascar’s violations of Convention 87 will be discussed at the ILC on 9 June.

The unions are bringing to the ILC the case of the unjust imprisonment of Sento, a trade union representative at the Alsico subsidiary, E-Toile SA in Antananarivo. Sento served the sentence from 29 August 2022 and was released on 30 May 2023 after a presidential pardon.

Sento was arrested and imprisoned for posting on social media the outcome of discussions with E-Toile management to improve working conditions at the garment factory where he worked as a machinist. Unions say the charges against Sento were trumped up: ranging from breaches of confidentiality, data protection, and violation of state property. The trial was unfair and concluded in a record 48-hours under a hostile judge who colluded with the E-Toile lawyer.

An appeal against the judgment was never heard and the judge ignored the fact that that the duties of the trade union representative were protected in the Madagascar labour code. For justice to prevail, the unions say they want a judicial review of the sentence and are arguing that the trial and sentencing offended sections of the law. They also want Sento to be reinstated at E-Toile SA.

During the period of the imprisonment, the unions took to the streets to protest the injustice and were supported by IndustriALL and ITUC Africa which wrote protest letters to E-Toile SA and Alsico management.

Rafenoarimanana Leontine Mbolanomena, the general secretary of USAM, which is in alliance with SVS as Randrana Sendikally said:

“On behalf of the alliance, Sento Chang and his family, we are deeply grateful to IndustriALL, ITUC Africa and other stakeholders, for the unfailing support they gave during the period of his imprisonment. However, despite his release from prison, our fight will continue until the Malagasy state acknowledges the violations it has committed and remedies them by making Sento's criminal record clean, and by taking steps to ensure that he gets his job back. So, during the ILC, particularly when the case of Madagascar's violation of Conventions 87 and 98 is raised, we ask for your continued support.”

Says Kemal Özkan , IndustriALL assistant general secretary:

“We support SVS on its unwavering commitment to workers and trade union rights in Madagascar as seen in this campaign for the release of Sento Chang and for the justice system to protect rather than be used to bash trade unions. Being a trade union representative is not a crime, and we strongly support calls for the expunging of the conviction and sentence.”

Indian unions ask ILO to discuss attacks on workers’ rights

The hard-won workers’ rights that were enshrined in the earlier labour laws have been undemocratically and unconstitutionally either diluted or deleted in the name of ‘ease of doing business’.

Trade union federations in India, including IndustriALL affiliates, have raised their voices, including through general strikes, against the central government’s anti-worker policies and actions.

Under the new labour code, the term ‘factory’ excludes employers with less than 20 workers from any liability, the daily working hours have gone from eight to twelve, with Maharashtra and Karnataka states already in the process of implementing it. Employers with less than 300 workers in their factories no longer need prior permission from appropriate government authorities for layoff or closure. Unions fear that the introduction of ‘fixed term employment’ in the new law will further increase precarious work. The changed law also fails to ensure social security for all workers.

As a member state of the ILO, India has obligations to respect international labour standards, but in reality, the government is following policies to the contrary. 

The letter references the complaint submitted by Indian unions to ILO in 2015 on the violation of ILO Convention 81 on labour inspection. The situation has since worsened. The new law on occupational safety, health and working conditions contradicts the provisions of C81 that call for the free initiative of labour inspectors to enter the workplace without notice and discretion to initiate legal proceedings without prior warning. In the new code, the labour inspector is a facilitator that cannot initiate legal proceedings against an employer, but must instead give an opportunity to the employer to comply with safety provisions.

Unions have requested that the government’s continued, deliberate violations of international labour standards be included in this year’s ILC agenda. They have also urged the ILO to take note of the complaint filed by the ITUC with the Committee on Freedom of Association in 2019 regarding the violation of freedom of association in the Maruti Suzuki case as well as the government’s disregard for international norms in organizing G20 under the Indian presidency.

Says Kemal Özkan, IndustriALL assistant general secretary:

“IndustriALL firmly stands with its Indian affiliates and supports their demand that the ILC discuss the Indian government's attack on workers' rights. Governments have the responsibility include union voices when making decisions about labour-related issues. The tripartite mechanism cannot be disregarded.”

Photo: ILC 2023, plenary sitting, Crozet – Pouteau / ILO

Fight for decent wages continues

Wages are one of the conditions of work that have the most direct effect on the everyday life of workers. A regular and adequate pay rise can be used as a means of reducing inequality, increasing demands, and contributing to economic stability. 

In May, Indian unions successfully negotiated with the Coal India management and secured a 19 per cent wage increase and a 25 per cent increase in allowances. The Joint Bipartite Committee on Coal Industry (JBCCI- XI) comprising central trade unions and management of Coal India Limited (CIL) signed the eleventh national coal wage agreement (NCWA- XI). The agreement is valid for a period of five years. Around 280,000 permanent workers of CIL and its subsidiaries, and the Singareni Collieries Company Limited (SCCL) will benefit from the agreement.

Unions at Chinese-owned ZiJin Bor copper mine in Serbia signed a collective agreement with a 15 per cent wage increase. In the new agreement wages will increase from RSD177 (US$1,6) to RSD192 (US$1,7) per hour. A payment of 4,000 dinars (US$36) was also included in the basic salary. The company agreed to leave the existing CBA in place as a result of a strong demonstration of solidarity among all unions in the workplace.

In July last year, South African unions, the National Union of Metalworkers of South Africa (NUMSA) and the National Union of Mineworkers (NUM), signed a wage deal with electricity supplier Eskom. The deal, which was signed at the Central Bargaining Forum (CBF), included a 7 per cent wage increase, a R400 (US$24) housing allowance increase, and a commitment to continue negotiations to improve wages and working conditions. 

Workers at an Iran Khodro Company auto factory in Tabriz had a wildcat strike in protest of the non-payment of wages. The Iran Khodro Company is the principal automaker in Iran, manufacturing vehicles, trucks, minibuses and buses. The Union of Metalworkers and Machinists of Iran (UMMI) reported that conditions in industrial plants are catastrophic across Iran as the economic impact of the pandemic added to the ongoing consequences of US sanctions. Major auto factories and their suppliers were affected, and many companies failed to pay wages and make social security contributions. This left workers unable to receive benefits or healthcare.
 
IndustriALL assistant general secretary, Kan Matsuzaki, says:

“Unions have a big role to play in fighting for decent wages. The real wage increase is made possible by collective bargaining power through strong solidarity among unions and workers. We must continue to fight for decent wage for all workers.”
 
 
 

European law on due diligence is a step in the right direction, but EU must do better

The vote of the Parliament’s report on the proposal for a Corporate Sustainability Due Diligence Directive is an important step in putting people and planet before the profits, and making all businesses accountable.

The time when companies could make profit out of the exploitation of the environment and on the back of their and their suppliers’ workers’ fundamental rights all over the world is soon to be over.

However the process is not over yet and opposing forces remain active. Lobbying against the EU directive has been extremely high and achieved some wins in the final European Parliament’s vote with: no more reference on a corporate director’s duty to act in the interest of the people and the planet too; no more leeway for Member States to go beyond the EU minimum rules; no reverse of the burden of proof for victims; no full inclusion of the financial sector.

Now that the European Parliament has adopted its position, trilogue negotiations can start with the Council and the European Commission for a final adoption of the EU Directive expected by the end of 2023.

IndustriAll Europe, IndustriALL Global Union and affiliated trade unions in more than 100 countries are urging the EU negotiators to close the remaining loopholes and adopt the first-ever transnational binding due diligence rules that the 50 million industries’ workers they represent are demanding.

Doing business, within or outside the EU, must mean doing business responsibly, and companies must take responsibility for their actions.

Deputy general secretary of industriAll Europe Judith Kirton -Darling says:

"This vote is a step in the right direction, but the European Union must deliver for workers and must hold all buisnesses accountable. Workers deserve adequate working conditions and for their rights to be respected! European companies cannot turn a blind eye to their supply chains. People over profits!"

Says Kemal Özkan, IndustriALL assistant general secretary:

“This is a huge step towards corporate responsibility and accountability to safeguard human rights  in global supply chains. The EU must take the lead in respecting, protecting and empowering workers and the struggle continues in this process. The next step should be the same position for a UN Binding Treaty.”

 

Glass workers strike at Owens-Illinois plant in Montreal

"Our purchasing power is rapidly diminishing. We refuse to see wage rollbacks at a time when our families are suffering from the rising cost of groceries, housing and mortgages. We say no; this time we're putting our foot down,"

says Éric Dumas, president of USW Local 206G, representing workers at the O-I plant.
 
The collective agreement expired in February. The strike is fuelled by a number of issues that have long been a source of discontent among workers. The union argued that wages had remained stagnant and not in line with the rising cost of living. In addition, concerns were expressed about deteriorating working conditions, endangering the well-being of employees.
 
Workers at the O-I plant are determined to make their voices heard and bring about positive change. The strike has attracted attention both in the local community and throughout the trade union movement with messages of solidarity from other unions and organizations, underlining the importance of workers uniting to defend their rights.

The Pointe-Saint-Charles plant is the only glassworks in Quebec that manufactures dark beer bottles and other glass containers. Picket lines have disrupted plant operations and shown the workers' unwavering determination. The strike is affecting the supply chain that depends on O-I's glass packaging products, causing concern among retailers and businesses. Workers want to be recognized and respected for the contribution they have made to this company and the sacrifices they have made in previous contract renewals.

The last round of negotiations took place on 25 May,  but no decent offer was made from the employer’s side. A date for a new meeting has yet to be fixed.

“The strike in Montreal is a testament to the power of collective action and the unwavering determination of workers to improve their working conditions. We express our solidarity and strongly support the fight of our brothers and sisters at Pointe-Saint-Charles,”

says Alex Ivanou, IndustriALL materials director.

 

Glencore continues to put profits before people

Glencore’s extensive workers’ and human rights violations dominated the meeting, including concerns of indigenous communities, undermining just transition and silencing their critics. 
 
Chilling accounts of the impact of Glencore’s irresponsible exit from the Prodeco coal mine in Colombia were raised by trade unions, NGOs and indigenous communities.
 
Juan Carlos Solano from IndustriALL Colombian affiliate SINTRACARBON said: 

“Many of the jobs are outsourced and the workers at these companies have worse working conditions. They are harassed and the salaries are unequal. What is Glencore going to do about this?”

 The indigenous Yukpa community, from Colombia, lives on the borders of El Cerrjon, the largest coal mine in Latin America, owned by Glencore since 2021. This community is suffering from large-scale open pit mining, the rivers are diverted or contaminated. The community leaders told the AGM that 40 children die every year because of poisoned water. 

During the meeting the criticism kept flowing. Dominic Lemieux, co-chair of the mining and DGOJP sector said: 

“Glencore continues to work with subcontractors at the Horne Smelter copper mine in Canada, undermining the collective bargaining agreement.”

Glencore favours a hands-off management style, with local managers encouraged to make operational decisions without reference to a global standard. Questions at the AGM on Glencore’s swashbuckling history at odds with growing importance of ESG were never directly addressed and often referred to local management who were responsible for the mines. 

Despite the constant backlash, the board’s chairman, Kalidas Madhavpeddi’s, answers to all questions were generic and unapologetic: 

“Glencore respects human rights and works closely with indigenous communities. We respect trade unions and workers’ rights. We condemn any violations committed against people who work at the mines and in the communities.” 

 IndustriALL mining director Glen Mpufane, said: 

“We are hugely disappointed. Despite evidence, Glencore denied everything. They refer everything to the operations; the board is not responsible for anything. Anything that impacts workers, communities and indigenous communities is not the fault of Glencore.”
 
“We will escalate our global campaign – Glencore can’t keep making profits at the expense of people’s wellbeing and lives.”

The AGM was the final day of several days of meetings that included the Glencore network meeting and the pre-AGM for investors. 
 
 

OECD Guidelines for Multinational Enterprises

The OECD Guidelines for Multinational Enterprises, although not legally binding, are one of the few international instruments available to trade unions to help secure respect of international labour standards by multinational enterprises (MNEs). 

The Guidelines were considerably strengthened in the 2011 Update through the inclusion of key elements of the UN’s work on business and human rights and further aligning the chapter on employment and industrial relations with the ILO MNE Declaration. As a result, the Guidelines clearly apply to workers in indirect employment relationships and in the supply chain.  

Governments that sign the Guidelines are required to set up National Contact Points (NCPs), which have a responsibility to help resolve complaints of alleged breaches of the Guidelines.
 
The Guidelines can be used to defend the trade union rights of employees, contract workers and workers in other parts of the supply chain. Most trade union cases submitted under the Guidelines concern the rights of workers to form or join trade unions and to bargain collectively, but also a range of other issues including precarious work, disclosure of information, forced labour, discrimination, health and safety, the environment, and corruption.  

The Trade Union Advisory Committee (TUAC) to the OECD has developed a guide – Trade Union Guide to the OECD Guidelines for Multinational Enterprises – to help trade unions to use the 2011 Guidelines in their workplaces and in their campaigns to defend workers’ rights and improve living and working conditions. It also contains a trade union checklist.

NCP complaints process

The OECD Due Diligence Guidance for Responsible Business Conduct offers valuable information on due diligence and remediation mechanisms.

The role of the ILO

Established in 1919 as part of the Treaty of Versailles that ended World War 1, it is the only tripartite United Nations agency – bringing together governments, employers and workers representatives from its 187 member states.

The International Labour Office, the ILO’s secretariat, employs some 2,700 people from 150 countries at its headquarters in Geneva, Switzerland, and in around 40 countries around the world. Its activities are directed by the Director-General and the ILO’s Governing Body, which includes representatives from member states, workers’ and employers’ groups.

Decent Work Agenda

As part of its mission, the ILO aims to achieve decent work for all by promoting social dialogue, social protection and employment creation, as well as respect for international labour standards. The ILO provides technical support to more than 100 countries to help achieve these aims, with the support of development partners.

International labour standards

The ILO sets international labour standards with Conventions, which are ratified by member states, or Recommendations, which are non-binding.

Conventions are drawn up with input from governments, workers’ and employers’ groups at the ILO. Conventions are adopted by the International Labour Conference, which meets every year in Geneva.

In ratifying an ILO Convention, a member state accepts it as a legally binding instrument. Many countries use the Conventions as a tool to bring national laws in line with international standards.

ILO Declaration on Fundamental Principles and Rights at Work

Adopted in 1998 and amended in 2022, the Declaration commits member states to respect and promote eight fundamental principles and rights in five categories, whether or not they have ratified the relevant Conventions.

They are:

Trade unions at the ILO

Worker group representation is drawn from national trade union confederations, so trade unions play a crucial role in developing policy at the ILO. The Bureau for Workers' Activities (ACTRAV) at the secretariat is dedicated to strengthening independent and democratic trade unions so they can better defend workers’ rights and interests.

The workers’ guide developed by ACTRAV provides an overview of the principles on freedom of association established by the ILO supervisory bodies, and helps to understand how ILO procedures can be best used to secure and promote freedom of association.

The ILO’s supervisory role

The ILO monitors the implementation of ILO Conventions ratified by member states. This is done through the ILO Committee of Experts on the Application of Conventions and Recommendations monitors compliance with international labour standards. Complaints can be filed against member states for not complying with ILO Conventions they have ratified. Only complaints against governments can be submitted, to be heard during the International Labour Conference every summer.

It is also done through the International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations.

Member states are also required to send reports on the progress of the implementation of the Conventions they have ratified.

Complaints

Complaints can be filed against member states for not complying with ILO Conventions they have ratified. Complaints can be from another member state which has signed the same Convention, a delegate to the International Labour Conference or the ILO’s own Governing Body.  

Trade unions use the complaint procedure and the International Labour Conference to bring attention to labour and workers’ rights violations in member states.

In the framework of the ILO Tripartite Declaration of Principles on Multinational Enterprises and Social Policy (MNE Declaration), the ILO has set up a procedure to support dialogues involving multinational enterprises and the representatives of the workers on the application of the principles of the MNE Declaration: Company-Union Dialogue

For more information, go to www.ilo.org

United Nations instruments

The special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. As of October 2021, there are 45 thematic and 13 country mandates, including:

Individuals have increasingly acquired the means to vindicate their rights at the international level. Since the early 1970s, international complaint mechanisms have developed apace, and complainants can now bring claims to the United Nations concerning violations of their rights contained in the nine so-called ‘core’ human rights treaties.

The nine treaties concern:

(i) civil and political rights;

(ii) torture and cruel, inhuman or degrading treatment or punishment;

(iii) racial discrimination;

(iv) gender discrimination;

(v) rights of persons with disabilities;

(vi) protection of all persons from enforced disappearance;

(vii) rights of migrant workers and members of their families;

(viii) economic, social and cultural rights;

(ix) rights of the child.

The complaint mechanisms are designed to be accessible to the layperson. It is not necessary to be a lawyer or even familiar with legal and technical terms to bring a complaint under the treaties concerned.

The UN Guiding Principles on Business and Human rights make clear that global companies are responsible for conditions in its supply chain, regardless of where the work is preformed and what the employment relationship is.

Negotiations for a binding UN treaty started in 2014. Global unions are pushing for a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.