European Parliament must do everything in its power to end military rule in Myanmar

After the coup, almost the entire labour movement of Myanmar has been banned, with many trade unionists arrested and others going into hiding or exile. Despite this, these organizations continue to operate underground. European and international trade unions maintain close and frequent contact with their counterparts in Myanmar, and we use this opportunity to relay to Members of the European Parliament a direct request from Myanmar’s trade union movement on the forthcoming Resolution.

The Resolution should note that the military junta has escalated its repression of democratic forces in Myanmar, through increased military attacks on civilians, including an air strike on Pazigyi on 11 April that killed at least 165 people. The regime banned 40 political parties ahead of upcoming illegal and sham elections that it intends to use to consolidate and legitimise its grip on power.

These actions demonstrate that there is no pathway to democracy in Myanmar that does not involve the defeat of the regime, and that the current EU policy of trying to encourage democratic reform through trade is misguided and counterproductive.

The military regime desperately needs foreign exchange to buy weapons, ammunition, energy and components. A shortage of foreign exchange is possibly the single biggest threat to the regime.

IndustriALL Global and industriAll Europe call on the European Parliament to do everything in its powers to stop the military regime including by cutting off its funding via foreign exchange. All economic activity by European companies brings foreign exchange into the country.

In April 2022, the junta changed the law, making it illegal to hold foreign exchange for more than 24 hours. Foreign exchange must be changed into the local currency, kyat, at a preferential rate. The junta controls the Myanmar Central Bank, and the Myanmar Foreign Trade Bank, meaning that any foreign exchange entering the country passes directly to the regime.

For this reason, the EU has already adopted some key restrictive measures against a list of Myanmar companies and has called on EU oil companies to withdraw from the country. The same should apply to EU garment brands as EU consumers, by buying products made in Myanmar, are inadvertently funding the regime. This must stop.

The trade unions of Myanmar are concerned that current EU policy, and the partial adoption of restrictive measures that excludes financial and insurance sectors, provides both financial and institutional support for the military regime and undermines efforts to return the country to democracy.

Specifically, trade unions request that the Resolution asks the European Commission and the European Council to:

-> Withdraw EU support for the MADE in Myanmar programme. MADE (Multi-Stakeholder Alliance for Decent Employment in the Myanmar Apparel Industry) is a project funded by the EU as well as by European-based garment brands which claims to establish social dialogue at factory level in the garment industry. The project has been condemned by independent trade unions and labour organisations in Myanmar in a letter sent to the Commission in April 2023, as it legitimises the creation of bogus workers organisations a military-controlled labour relations and social dialogue mechanism. In a context where workers are not free to choose their own representatives, MADE amounts to a whitewash that benefits the regime financially. During the ongoing ILO Commission of Inquiry on freedom of association violations in Myanmar, the military junta cynically uses MADE to claim that social dialogue and freedom of association exist in the country. The regime is currently not recognised by the UN, ILO and other agencies, and there are fears that MADE could help facilitate diplomatic normalisation of the regime.

-> Withdraw the Everything But Arms (EBA) trade preferences. EBA preferences can be withdrawn in the event of serious and systematic violations of the core 15 UN and ILO Conventions, as happened in the case of Cambodia. Myanmar is clearly in violation of the core Conventions as well as EU principles and should not enjoy a preferential trade access to the EU.

-> Implement further targeted sanctions. All international financial transactions related to the State Administrative Council's (SAC) fuel buying process be identified with the international banks and including the Central Bank of Myanmar, the Myanmar Foreign Trade Bank and the Myanmar Investment and Commercial Banks be sanctioned. This is essential to stop the SAC from continuing the atrocities leads back to stopping the SAC buying weapons, ammunitions, dual use fuel that transports the soldiers and the ammunitions.

-> Condemn the illegal elections and insist on the release of all political prisoners. Urgent action is needed to end the military violence and reinstate real democracy including the legitimate trade unions.

In its statement of November 2021, the National Unity Government (NUG) made clear that no international company should operate in Myanmar if its operations provide any material benefit to the military regime, for instance through taxes or bills paid to military-owned companies, including in utilities and ports.

The subsequent change to the law that requires foreign exchange to be converted into local currency within 24 hours means that all trade with Myanmar benefits the regime and allows it to maintain its grip on power, thereby prolonging the suffering of the people of Myanmar. The Resolution on Myanmar should aim to cut all support for the regime.

Responsible business disengagement from Myanmar is possible, and we draw your attention to IndustriALL Global’s responsible exit framework which it has negotiated with a number of global garment brands. This framework is a tool that can be used by companies to responsibly end their activities in Myanmar.

Workers and trade unions in Myanmar and across the world, look to the European Parliament, as a defender of democratic values, to do everything in its power to end the military junta’s rule and return democracy to the people of Myanmar.

Union win stops unfair retrenchments at Botswana diamond mine

The dispute with the union can be traced to June 2022 when Canadian- based Lucara Diamond Corporation, asked its subsidiary, Lucara Botswana, to investigate allegations of maladministration and unethical business conduct in the security department at Karowe Mine. 

However, the 50 workers who volunteered and provided information as whistle-blowers were given termination letters after they had provided testimonies. BMWU strongly objected to this action resulting in the letters being given only to three workers. The other 47 workers remained at work, and the union argued in court that the termination was unlawful as there were no disciplinary hearings as required by the labour laws. 

Lucara Botswana management hired a South African company, Assurance Protection Group Incorporation, to carry out a security optimization assessment. However, the assessment report was not shared with the union as per labour laws, and the union suspects that the assessment is meant to victimize the 47 workers and to provide grounds for the retrenchments. 

The union petitioned the diamond company and wrote to the Commissioner of Labour on the same grievances and the need for mediation, but the matter was not resolved.

But on 28 April the industrial court in Gaborone ruled that the diamond mining company cannot continue with the retrenchments without negotiating with the union as per existing collective agreement.

Joseph Tsimako, BMWU president says: 

“BMWU enjoyed cordial relations with Lucara Botswana until the union intervened following reports of maladministration. It would have been remiss of the union not to protect whistle blowers against reprisals from Lucara Botswana’s top executives.”

Maenge Maenge, BMWU general secretary, adds: 

“The union, through its collective bargaining structures requested disclosure of both the optimization assessment and investigative reports, neither of which the company availed. Collective bargaining and human and workers’ rights are critical indicators in ESG frameworks against which the performance of a mining operation and the management of potential risks by its executive are gauged. It is apparent that there is a serious deficit in ESG stewardship at Lucara.”

“Lucara Botswana must always consult with the unions and respect existing agreements before deciding to retrench workers. Ignoring existing agreements violate workers and trade union rights to collective bargaining. We applaud BMWU for challenging Lucara’s unilateral decisions in court and welcome the ruling that the diamond mining company must consult and negotiate with the union,”

says Glen Mpufane, IndustriALL mining director.

How can H&M justify its presence in Myanmar?

The Myanmar Labor Alliance, which represents most of the trade union movement in Myanmar, has called on companies to divest.

Myanmar is a military dictatorship with no freedom of association. The Myanmar ministry of information reports that garment exports were worth US$4.7 billion last year. The military regime desperately needs foreign exchange to buy weapons, ammunition and fuel to conduct a civil war against the population. By sourcing from Myanmar, H&M maintains a flow of foreign exchange into the country, helping to sustain the regime.

The Ethical Trading Initiative, of which H&M is a member, released a report last year saying that due diligence is not possible in a context where independent worker voices are suppressed, where unions are banned, and trade unionists are imprisoned and killed. As a consequence of this report, responsible global brands, including Inditex, Fast Retail, Tchibo, Primark and Marks & Spencer, have left or announced plans to leave.

“We value our relationship but are extremely concerned by H&M’s decision to continue to source from Myanmar, which is a sharp departure from the responsible business practice we have come to expect. Given all of the above, how can H&M justify its presence in Myanmar?”

asked IndustriALL campaigns director Walton Pantland at the company AGM in Stockholm, Sweden.

H&M responded that they had a strong local team and were working with the EU MADE programme. This programme has been condemned by Myanmar unions as a whitewash.

IndustriALL has a global framework agreement with H&M, which have been used to challenge union-busting in supplier factories and remedy workers’ rights violations. The global brand has set important precedents by upholding freedom of association in supplier factories and contributing to workers’ health and safety, and yet it refuses to stop sourcing from Myanmar.

 
Cover photo: Myanmar trade union leader Khaing Zar, currently seeking asylum in Germany, outside an H&M store in Stockholm.

Urgent need for mandatory due diligence

The week began with bilateral meetings at the ILO in Geneva to highlight the continued need for stronger support by the ILO. The delegation, IndustriALL sector co-chair Habib Hazimi, Tunisia, Nazma Akter, Bangladesh, and Athit Kong, Cambodia, joined a commemoration ceremony in honour of the workers who lost their lives at the Rana Plaza organized by the ILO's Bureau for Workers’ Activities (ACTRAV).

"The collapse of the Rana Plaza and its aftermath is a stark reminder that occupational safety and health is not only a fundamental right at work, but also a key step in the quest to achieve social justice for all,"

said Manuela Tomei, ILO assistant director-general for governance, rights and dialogue.

The call for a strong supply chain industrial relations took the union leaders to a conference on Asia’s textile industry hosted by the German Federal Ministry for Economic Cooperation and Development in Berlin, where they were joined by Khaing Zar from Myanmar.

As part of the panel of experts, IndustriALL textile and garment sector director Christina Hajagos-Clausen said:

“For the brands still sourcing from Myanmar despite the military coup – shame on you. You cannot talk about decent work and still source from Myanmar.”

At the Textiles Partnership’s Working Meeting Textilbündnis, Nazma Akter, president of Bangladeshi union Sommilito Garments Sramik Federation, reiterated the message that safe factories still need to be fought for:

"Only half of Bangladesh’s 4,4 million garment workers are covered by the Accord. It must continue and all brands sourcing from Bangladesh must sign it.”

In Brussels, the delegation met with members of the European Parliament (MEP) and the European commission.

“Trade unions in production countries expect the EU to push for strong mandatory due diligence,”

said Athit Kong, president of Cambodian union CCAWDU.

“The EU has the leverage to use trade relations to improve the situation for workers.”

Said Habib Hazimi, general secretary of Tunisian Textile, Clothing, Shoes and Leather Federation:

“Workers do their best to improve productivity, so why not help them and put the weight on the shoulders of multinational brands to provide decent wages, better working conditions and respect for workers’ rights.”

The union leaders came with three key demands that rely on European action and support

"The EU MADE in Myanmar project provides a front for workers’ rights violations, as it legitimises the military. EU must stop it as decent work is not possible under the dictatorship in Myanmar,”

said Khaing Zar.

“We undertook this advocacy tour to put forward a key pillar of our policy; to move away from social auditing and to move to mandatory due diligence,”

concluded Christina Hajagos-Clausen.

Working group develops proposals on labour protection

Participants noted that a big issue for workers and trade unions is the lack of mandatory evidence of safe workplaces. Employers' investments in occupational health and safety and the level of remuneration depend on the results of certification. Currently, certification is carried out regularly only at large industrial enterprises. Since this is a costly undertaking, employers at many small medium enterprises try to shy away from extra costs. 

Vadim Borisov, IndustriALL regional secretary said 

“Armenia has not ratified ILO Conventions 155 and 187 on Occupational Safety and Health and the Industrial Sphere. The legislation of Armenia in the field of labour protection is not tied to international norms or standards.”

Trade unions also noted the low level of social dialogue and the absence of social partnership due to the lack of employers' associations both at the sectoral and national levels.

“We do not have a social partner in the employer. We have no one to negotiate with in the formally existing trilateral commission,” 

said Yelen Manaseryan, chair of the Confederation of Trade Unions of Armenia. 

A draft of a new labour code is being prepared for parliamentary readings. For the first time in the post-Soviet period, the trade unions of Armenia took part in active discussion, and the final draft includes 120 amendments received from the trade unions. 

Trade unions created a working group, which included two experts from each trade union. Among the tasks facing the working group is the development of proposals for employers and government agencies on labour protection issues. The first task of the group was to develop recommendations and write a draft attestation of workplaces. 

“The day after the seminar, the leaders of trade unions met with the head of the state labour inspectorate of Armenia and we agreed to hold quarterly meetings to address topical issues in the field of labour protection,”

 said Eduard Pahlevanyan, chairman of the trade union of metallurgists and jewelry industry workers.

On 1 May, trade unions organized street actions including trade union lawyers working in the main square of the city, who gave advice to people on labour issues.

T-win Garment reinstates eight Cambodian union leaders

After the formation of a local union and election of ten union officials from CUMW at T-win Garment in Takeo province, company management forced two CUMW leaders, Horn Sophoeurn and Koeurng Ngieng, to resign from the union. When they refused, the company dismissed them on 10 February.

Four days later, the company management asked the remaining eight unionists to resign from the union. After refusing to follow the instruction they were dismissed on the same day. CUMW filed a complaint with the authority and attended mediation meetings, but still the management refused to reinstate workers.

After failed mediations CUMW and IndustriALL requested the intervention of Nike, a customer of T-Win Garment. After two months of engagements with the brand and the company, T-Win Garment finally agreed to reinstate the dismissed leaders. The other two unionists decided to leave with termination compensation.

Pav Sina, president of CUWM said

“we welcome the full reinstatement of the 8 unionists with backpay. The joint agreement states that both parties will respect legal procedures and will not retaliate against each other after the reinstatement. Labour disputes will be managed peacefully and effectively in the future.”

IndustriALL director of textile and garment industry Christina Hajagos-Clausen says, 

“we thank Nike for their intervention and the cooperation of T-Win Garment. We hope that employers in Cambodia fully respect workers’ freedom of association and collective bargaining in garment and textile factories and that they build harmonious relationships with unions. Suppliers should adhere to stronger labour standards because there are increased legislative efforts in implementing human rights’ due diligence in global supply chain.”

The garment sector is the prime contributor to the Cambodian economy. Sixty per cent of the country’s total export are garment, textile, shoe and footwear products. The garment export increased by 24 percent to US$10.25 billion on a year-on-year basis. 

Working group establishes strategic action plan to confront global capital

Welcoming the participants, FTM-CGT general secretary Frédéric Sanchez, said:

“MNCs have a big responsibility in the world economy; they have more power than governments. International solidarity is key if we want people to be empowered, and we need IndustriALL for that.”

Participants agreed to focus on strategic campaigns targeting multinational companies in IndustriALL’s sectors to confront global capital and build trade union power. The work will include promoting global trade union networks, trade union rights, transnational solidarity and collective action.

The committee also agreed to aim to establish strategies for affiliates to address changes affecting working conditions and job security, strengthen current policies and instruments, and negotiate and implement global framework agreements.

As the energy transition will impact all IndustriALL industries and the way we live, delegates identified as priorities the supply chain that support the transition to renewable energy, notably the solar and wind energy power. Mining, notably critical minerals, and base metals were identified as key sectors to focus on. The meeting expressed a wish to further develop the different proposals at the Mid-term policy conference in Cape Town in June.

The GMC established a steering committee to analyze its composition and resources on a regular basis. The steering committee will consist of regional representation determined by IndustriALL vice-presidents. Delegates elected Jonathan Hayward, Workers Uniting UK, and Maria Soledad Calle, UOM, Argentina, as co-chairs.

Said IndustriALL assistant general secretary Christine Olivier:

“As global capital continues to exploit vulnerable workers across the globe, especially in the producing countries, IndustriALL has a responsibility to respond to these onslaughts by reinforcing global solidarity, unity and build our capacity through the work of this committee.”

Zimbabwean unions want an end to poverty, corruption and oppression

According to the country’s statistical agency Zimstats most workers earning less than US$62 per month and trade unions are concerned that most workers and their families are living in poverty. Unions say workers need at least $500 to afford basics like food, transport, and housing.

The theme of the celebration, with thousands of workers in attendance, was: “Workers demand an inclusive Zimbabwe free from poverty, corruption, and oppression.” 

The May Day theme relates to the country’s adverse mentions in the Application of International Labour Standards 2023 Report of the Committee of Experts on the Application of Conventions and Recommendations. Zimbabwe has been asked to explain, after reports were made by the ITUC and the Zimbabwe Congress of Trade Unions on violating Convention 87 and Convention 98. Additionally, the government of Zimbabwe must respond to serious allegations of violations of trade union rights and civil liberties. These include anti-union discrimination and proposed labour law amendment bills that curtail workers’ rights. 

Zimbabwe Congress of Trade Unions (ZCTU) president Florence Taruvinga says,

“the government must include trade unions in their processes through social dialogue, so that workers are given the opportunity to defend their interests. Further, we would like investors especially Chinese employers to respect workers and stop humiliating them through beatings.” 

She added that the Zimbabwean workplace has changed and is largely informal, and this calls for unity between the formal and informal workers.

Joseph Tanyanyiwa, chairperson of the IndustriALL Zimbabwe national coordinating council said:

“This year’s celebrations are taking place when workers are struggling to put food on the table. As unions we are campaigning for minimum wages of US$150 across all sectors and calling on employers to pay in US dollars as the value of the local currency continues to fall. We have been demanding the dollarisation of wages in our tripartite negotiating forums.”

IndustriALL regional secretary for Sub-Saharan Africa, Paule France Ndessomin said

“we support union campaigns for living wages and urge the government to respect workers’ rights according to the national labour laws and international standards. Instead of denying workers’ rights, the government must play its role as a key stakeholder that facilitates social dialogue.”

The celebrations were organized by the ZCTU to which IndustriALL Global Union affiliated unions also belong. The affiliates organise in chemicals, garment and textiles, metal industries, plastics, and other sectors, and are the National Union of Metal and Allied Workers of Zimbabwe, the National Union of the Clothing Industry, the Zimbabwe Chemicals, Plastics and Allied Workers Union of Zimbabwe, and the Zimbabwe Textile Workers Union.

Countries from across the world including Bangladesh, Pakistan, India, Sri Lanka, Nepal, France, Germany, Thailand, Switzerland, Turkey and Georgia celebrated May Day. 

African unions commemorate International Workers' Memorial Day 

Kofi Poku, the union branch chairperson at the terminal said, 

“Blue Ocean is known to be conscious on health and safety issues and workers make significant contributions towards creating a safe working environment. The visit by IndustriALL is commendable and highlights the commitment of organised labour at global level to ensure health and safety at work.” 

A meeting preceding the visit discussed country reports which focused on: accident reporting systems in Togo, campaigns for health and safety laws in mining that protected workers’ rights in South Africa, and campaigns against precarious work as workers, in Ghana, Nigeria, Kenya, and Uganda, with short contracts faced more health and safety risks than those on permanent contracts. 

The meeting also heard that Madagascar’s garment and textile factories’ contract workers faced risks that were worsened by sexual harassment which was targeted at young women workers. The meeting discussed the positive impact of the Bangladesh Accord on Sub-Saharan Africa especially the involvement of brands through global framework agreements after the Rana Plaza disaster which happened a decade ago.

In Mauritius, unions were campaigning for proposed amendments to Articles 7, 10, 11, and 22, to the Rotterdam Convention, a global treaty to facilitate informed decision making by countries to manage chemicals in international trade and exchange information on hazardous chemicals and their potential risks. The campaign by the CTSP received government endorsement, and Mauritius’ position will be presented at the 11th conference of parties to the Rotterdam Convention that is currently taking place in Geneva, Switzerland.

Glen Mpufane, Industrial director for mining and lead on health and safety, said: 

“Workers have made immense sacrifices on health and safety and as trade union activists we are in solidarity on their demands for safer workplaces. It is a victory for workers that health and safety is now one of the fundamental rights at work and this is why we must have knowledge on international labour conventions and recommendations. However, as we remember the injured and dead, we must adapt our programmes to include human rights’ due diligence and demand responsible business conduct from employers.”

 Glen added that workers must remain vigilant on identifying hazards and risks at the workplaces including wearing of appropriate personal protective equipment in hazardous areas and exercising the right to refuse unfair and unsafework.

The participants are part of the Sub-Saharan Africa occupational health and safety committee whose members are drawn from the chemical, garment and textile, mining, oil and gas, and other industrial sectors. This visit was organized by IndustriALL affiliate, the Ghana Transport Petroleum and Chemical Workers Union which organizes workers at the Tema Oil Refinery and Blue Ocean.

Human rights due diligence is not possible in Myanmar

After the military coup in Myanmar in February 2021, IndustriALL supported a call by Myanmar unions for all multinational companies operating in the country to divest. Companies maintaining operations in the country are unwilling accomplices to a growing humanitarian crisis and are de facto funding the military’s war on its own people, recently through airstrikes killing more than 100 people.

The situation continues to deteriorate. Unions have been outlawed and with no mechanism to help workers and no freedom of association, workers are in a very vulnerable situation. Violations against workers are increasing, as is wage exploitation, forced labour and harassment against women. The military has cracked down on unions and its members, with violent attacks and arrests. More than 60 trade unionists are imprisoned on trumped up charges, who must be immediately released.

The EU-funded MADE in Myanmar project, which claims to support the garment manufacturing sector by replacing unions with employer-selected “workers’ representatives, is worrying. Employers take advantage of the political situation to deprive workers of their rights and allows serious violations of human rights and labour rights continue in Myanmar while helping the military gain legitimacy.

Freedom of association is a fundamental human right and a fundamental EU principle, the restrictions on unions and the right to collective bargaining in Myanmar under the military regime are a serious concern which puts the legitimacy of this EU initiative into question.

Investments have long-term impacts on labour rights. All companies should leave Myanmar to cut off funds to military. Planning a responsible exit is the only position consistent with upholding global human rights standards. Due diligence is not possible under a military dictatorship and in a state of civil war.