International Centre for Trade Union Rights

ICTUR IN ACTION: INTERVENTIONSSource: International Union Rights, Vol. 12, No. 1, Multinational companies and labour rights(2005), pp. 14-15Published by: International Centre for Trade Union RightsStable URL: http://www.jstor.org/stable/41936266 .

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ICTUR IN ACTION □ INTERVENTIONS

Cambodia FOLLOWING the purported closure and bankruptcy of the Sam Han factory in February, police violence has been routinely employed against workers' demonstrations outside the factory So far police actions have resulted in more than 40 injuries and have left one * worker in a coma.

On 5 March the police response was witnessed at first hand by representatives of the ICFTU, who reported that some 250 armed police officers, carrying shields and wearing helmets, insulted and verbally abused the workers before breaking up the demonstration with violence.

ICTUR has written to call for an end to actions that prevent trade unionists from conducting their activities in defence of workers' social and economic interests. ICTUR' s letter sought to remind the government that trade union rights are protected under the terms of key instruments of international human rights law.

Cameroon ACCORDING to reports received from the global union federation UNI, management at Cameroon National Printers have responded to trade union campaigns over working conditions with 'retaliatory' action, including disciplinary measures against workers who participated in a recent strike. Workers further complain that the employer has refused to hand over union dues collected from workers salaries over many years.

ICTUR has written to the authorities calling for the backdated union dues to be paid by the company. ICTUR emphasised that the right of workers to carry out activities in defence of their economic interests without suffering retaliatory detriments is protected under the terms of key instruments of international human rights law.

Colombia THE human rights department of the CUT federation warned of a macabre plan to assassinate union leaders' drawn up by paramilitary organisations following trade unionists' criticisms of the form, method and process of negotiation that has been taking place between the paramilitaries and the government. The CUT'S warning refers to a list of people considered to be 'an obstacle to the talks'.

The list threatened assassination attempts against Rafael Cabarcas Cabarcas; Duban Antonio Velez, the President of SINALTRAPROAL Antioquia; Jesus Tovar, vice President of CUT Atlantico; Evélio Mancera, President of SINTRAIMAGRA Atlantico; Pedro Baron, President of CUT Tolima; Carlos Gonzalez, a leader of SINTRAUNICOL Valle; Ariel Diaz, Human Rights Department CUT Valle; Miguel Fernandez, President CUT Cauca and Edgar Mojica, national leader of the oil workers' union USO. The name of Domingo Tovar Arrieta, Director of the CUT Human Rights Department, is also on the list. Domingo reports that unknown persons have been watching his house and following his movements.

Colombia ON THE 2 March the FARC guerrilla group kidnapped Orlando Paredes, Secretary General of the Caquetá branch of the electrical workers' union SINTRAELECOL, and three members of the union, Henry Moreno, Pablo E Peña and Teódulo Muñoz.

ICTUR has written to the Colombian authorities to protest against the continuing appalling levels of violence against trade unionists. ICTUR further called on the authorities to seek the full participation of international trade unions and of the IIO in their efforts to protect trade unionists and their families.

Indonesia THE F-KUI trade union has complained of harassment of union representatives at the PT Batam Expressindo Shipyard that culminated in the raising of criminal accusations against the local union Secretary, Ahmad Fauzi. The union says that in April 2004, following a round of negotiations with management over working conditions, Fauzi was asked to withdraw union demands and offered salary inducements, which he rejected. Shortly thereafter Fauzi was demoted. Another union activist who had participated in the earlier negotiations was then sacked. In September BES management accused Fauzi of the theft of 10 kilos of aluminium, since when he has been held in police detention.

ICTUR has written to PT BES, highlighting the apparent pattern of anti- union actions, and calling upon the company to re- assess its grounds for raising accusations against Ahmad Fauzi. ICTUR called for the company to actively seek ways to secure the release and reinstatement of Ahmad Fauzi and further emphasised the status of trade union rights with international human rights law. ICTUR has also raised this case with the Indonesian authorities.

Indonesia WORKERS at PT Sarasa Nugraha Tbk. Factory, Tangerang complain that the agreement reached in October 2004, that paved the way for the reinstatement of 841 workers, has been marred by conditions now being raised by the employer. According to US NGO the Campaign for Labor Rights the company is now asking that workers renounce their membership of the STTP trade union before they can be reinstated.

ICTUR has written to the US companies that are supplied by the factory calling upon them to use their influence to promote

the reinstatement of all workers and to persuade the company to engage in constructive negotiations with their trade union. ICTUR noted the status of freedom of association under international human rights law and the increasing consensus around the obligations of multinational companies to promote socially responsible standards throughout their supply chain.

Iraq A SERIES of violent attacks, murders and kidnappings were carried out against senior trade union leaders during the early part of the year. ■ 26 December - rocket grenades were launched against the offices of the transport and communication workers' union; ■ 4 January - Hadi Saleh, international secretary of the IFTU was tortured and murdered; ■ 27 January - Talib Khadim of the mechanics, metalworkers and printworkers' union was kidnapped in Baghdad, assaulted and subsequently released; ■ 1 1 February - Moaid Hamed, branch leader of the IFTU was kidnapped in Mosul; ■ 18 February - Ali Hassan Abd of the oil and gas workers' union was murdered in Baghdad; ■ 24 February - Ahmed Adris Abbas of the transport and communication workers' union was murdered in Baghdad.

ICTUR has written to the Embassy of Iraq in london to call for a thorough investigation of the attacks against trade unionists. ICTUR further called on the authorities to make appropriate levels of protection available to trade union leaders and their premises. ICTUR emphasised that, as representative mass organisations, trade unions can play an important role in re-building democratic structures in Iraq.

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ICTUR IN ACTION □ INTERVENTIONS

Kenya THE HARD WON union victories in the Athi River Free Trade Zone came under threat in late 2004, when the campaigning shop steward Sarah Ab wo ja (who spoke to IUR in 2004, IUR 11.2, p22- 23) was sacked by her employer MRC Garments. The sacking followed a brief work stoppage when a wages increase under an agreement between the MRC garment company and the TTWU union went unpaid on 1 November. According to the international textile union ITGLWF, Sarah Ab wo ja persuaded workers to return to work after management agreed to pay the increase, but was then told that she was dismissed.

ICTUR has written to major MRC customers , the Gap and Gloria Vanderbilt, urging them to use their influence to bring about improvements in levels of awareness and respect for trade union rights at their supply factories in the Athi River Zone. ICTUR understands that after several months of campaigning to secure her reinstatement, Sarah accepted compensation as a necessary alternative to the possibility that she would receive nothing. Blacklisting may prevent her finding work.

Morocco ON THE 15 April 2004 a long-running sit-in strike by 148 members of the SACEM union of the CDT at the Imini mine was attacked and violently dispersed by a group of around 120 people resulting in at least one death. At a criminal hearing on 14 January, six of the miners were sentenced to 10 years in prison.

ICTUR has contacted the WCL, the international federation to which the Moroccan CDT is affiliated, and is awaiting further information concerning this case, including information about the specific criminal charges and any appeal process. In the interim, ICTUR has written to the authorities to highlight the

status of trade union rights as fundamental human rights under international law.

Nepal A SERIES of repressive measures introduced in the Kingdom of Nepal under a nationally declared state of emergency are impacting seriously upon the rights of trade unionists to carry out their activities. ICTUR has learned of the following: ■ The closure of public sector trade union offices ■ Searches and raids of union premises and the homes of union leaders ■ Restrictions and even all out bans placed on public meetings and rallies

In early February at least six trade unionists from the Nepal Trade Union Congress were arrested: Ms Manju Bhattarai, Mr Kishore Gautam and Mr Bishnu Nisthuri, Mr Prem Singh, Mr Puskar Acharya and Mr Ramakanta Sapkota. At the time of writing three of the six had been released, but ICTUR has learned of the arrests of at least five trade unionists from the NTUC, namely: Bhakta B Karki, Deepak Tamang, Ms Sarita Boon, Ms Gita Pthak, and Chandra Bhattari.

In a joint press release three trade union centres GEFONT, NTUC and DECONT condemned the autocratic intervention' which banned their 8 March rally for International Women's Day and saw women's leaders threatened, despite the federations having obtained prior written authorisation as required under the State of Emergency provisions.

ICTUR has written to the Embassy of Nepal in London to remind the authorities that the right of trade unionists to carry out their activities is protected under the terms of key instruments of international human rights law. ICTUR called for the release of all trade unionists currently held in detention and for an end to measures that interfere with trade unionists right to conduct their activities in freedom

from state interference. ICTUR further pointed out that - even in conflict zones - throughout the world trade unions have proved to be vital forces for the development and implementation of sustainable and peaceful resolutions.

Turkey ON 21 December, 50 members of the Petrol-Is trade union were sacked from the Jotun Toz Boya Fabrikasi factory in Cerkezkoy, Turkey. The international federation ICEM described the sackings as 'retaliation' for workers' participation in trade union activities earlier in the year, including a strike held in January 2004. The union reports that workers have been offered reemployment on the condition that they renounce their membership of the union.

ICTUR has written to the Norwegian head office of the fotun group to highlight the company's responsibilities under the terms of key instruments of international human rights law. In particular, ICTUR noted that to offer an inducement on the condition that the worker renounces membership of a trade union would be a violation of the rights protected under the European Convention on Human Rights and would run contrary to the standards required by the OECD Guidelines for Multinational Enterprises.

Turkey IN FEBRUARY, police attempted to force entry to SEKA Turkish Cellulose and Paper in Izmit, where 700 striking workers of the Selülöz-Is union had occupied the factories to resist impending privatisation. The global union federation ICEM describes the strike as having the overwhelming' support of the local community, which ensured that 5,000 union supporters resisted the police attack in a stand off that led to a number of

injuries to workers and their families.

ICTUR has written to the Turkeish authorities to protest against the use of force. Drawing on the content of European human rights law and ILO Conventions 87 and 98, ICTUR called for the authorities to engage in constructive negotiations with the union rather than attempting to end the strike by force.

USA ACCORDING to global union federation ICEM a trade union certification election at the Norton Abrasives factory Massachusetts, USA has been witness to scenes of 'intimidation and coercion'. ICEM reports that managers attempted to influence workers during the vote by threatening plant closure if the union won the election.

ICTUR wrote to the French parent company Saint-Gobain drawing the company's attention to the labour rights standards set out under international law and the OECD Guidelines for Multinational Enterprises.

Zimbabwe ON 2 February a delegation of trade unionists from the South African federation, COSATU, including COSATO Secretary General, Zwelinzima Yavi, were expelled from Zimbabwe. The delegation was visiting trade union colleagues in Zimbabwe. Last year an earlier COSATU delegation was similarly expelled from Zimbabwe.

ICTUR has written to remind the Zimbabwean authorities that freedom of association is a right protected under the African Charter of 1981 and under international law. ICTUR drew attention to the clear guidance from ILO jurisprudence that requires respect for freedom of association to include respect for the activities of international trade union delegations.

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