2010 Annual Survey of violations of trade union rights – Zimbabwe

Population: 12,500,000
Capital: Harare
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

There were fewer serious trade union rights violations than in previous years, thanks in part to the new Government of National Unity, but many problems persist. Members of the Zimbabwe Congress of Trade Unions (ZCTU) still faced harassment at the hands of the police, ZANU-PF youths and the Central Intelligence Organisation. Three striking mineworkers were shot and injured and many workers faced severe sanctions for exercising the right to strike. ZCTU President Lovemore Matombo was arrested in November along with four colleagues under the notorious Public Order and Security Act. Union activities are hampered by restrictive legal provisions, and there are no trade union rights in the public sector.

Trade union rights in law

The labour laws pertaining to trade union rights are lacking. Although private sector workers enjoy freedom of association, public sector workers do not have the right to form and join trade unions, to bargain collectively, or to strike. The Registrar has the power to supervise trade union elections, and can cancel, postpone, or change the venue of the elections.

Furthermore, collective bargaining is not the exclusive prerogative of trade unions, as workers’ committees may also bargain at the company level, hence potentially undermining the unions. All collective bargaining agreements must then be approved by the authorities.

The right to strike is also limited, as the procedures that must be exhausted prior to a strike are excessively long. Employers are not prohibited from hiring replacement workers during a strike, and also have the right to sue workers for liability during unlawful strikes. The penalties for participating in an illegal strike include harsh prison sentences of up to five years. Strikes are banned in “essential services”, the list of which exceeds the ILO definition. The Minister also has discretionary powers to decide what constitutes an essential service.

Trade union rights in practice and violations in 2009

Background: The year started with high hopes of economic recovery and improvements in the political landscape. The three main political parties entered into a Government of National Unity (GNU) that became functional in February. Morgan Tsvangirai, the president of the Movement for Democratic Change (MDC) and former trade union leader, became Prime Minister. There was strong economic growth but salaries remained stagnant, and the government faced widespread industrial unrest.

Harassment and intimidation by ZANU-PF: In practice, trade union members still face harassment and intimidation from the authorities and supporters of Robert Mugabe’s ZANU-PF party. The Zimbabwe Congress of Trade Unions (ZCTU) is seen as being close to the Movement for Democratic Change (MDC) and has been a particular target for harassment as a result, although the MDC’s participation in the government has helped the situation slightly. Several incidents occurred during the year, however. The ZCTU reported, for example, that its District Committee member in Karoi, Mr. Toindepi Tsigo, was assaulted by ZANU-PF thugs returning from a ZANU-PF meeting in Harare. The youths attacked Mr. Tsigo and removed his ZCTU T-shirt, saying they did not wish to see a ZCTU person in Karoi. Teachers also reported being were terrorised by ZANU-PF youths over the summer further to protest action.

Ignoring international labour standards: For many years, the Mugabe government repeatedly refused to cooperate with the International Labour Organisation (ILO) and for two years running refused to appear before the Committee on the Application of Standards at the International Labour Conference. As a result, the ILO decided in November 2008 to apply one of its toughest measures, a Commission of Inquiry, to examine complaints concerning the non-observance by Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Commission of Inquiry began its work in February 2009.

Union activities obstructed under multitude of laws: The 2002 Public Order and Security Act (POSA) bans any public gathering held without police permission. Although public gatherings held by a registered trade union for bona fide trade union activities are exempted from the act, in practice it is still used to obstruct union activities and harass trade unionists. Under the POSA, people found guilty of disturbing the peace, security or public order, or of invading the rights of other people, are liable to a fine and/or imprisonment for up to ten years.

The reformed Penal Code of 2006 is also often used to arrest and imprison trade unionists. The Miscellaneous Offence Act carries less severe penalties, and is applied when charges of a public order offence cannot stand up in court. Blocking a public thoroughfare, for example, is an offence under this Act. Under the Labour Act, those taking part in an illegal strike can face prison sentences of up to five years.

Ministerial Interference in Collective Bargaining: There were several incidents during the year of government ministers interfering in collective bargaining.

The co-Minister of Home Affairs, Giles Mutsekwa, wrote to the Minister of Labour and Social Services asking that the salaries in the security industry be reduced. Mr. Mutsekwa is a member of the Security Association of Zimbabwe, making his interference particularly inappropriate.

In October, Minister Welshman Ncube launched a scathing attack on labour arbitrators saying they need re-orientation because their awards were too progressive.

During February and March, the Minister of Energy, Engineer castigated the Zimbabwe Electricity Supply Authority (ZESA) management for the level of wages and benefits awarded to employees. The Minister signed a document ordering a reduction of the agreed wages and allowances with which ZESA and the National Oil Company of Zimbabwe (NOCZIM) complied.

The city of Harare also slashed agreed wages after its management was allegedly castigated by the Minister of Local Government for awarding employees better wages.

Striking car workers dismissed: In February, 11 workers were dismissed by Wollowvale Mazda Motor Industries for briefly suspending work over a pay dispute. The dispute began on 24 February when the workers were advised they would be paid in local currency and food vouchers. Since the liberalisation of the economy, the workers needed foreign currency to pay their rent, transport cost and other basic necessities. The company refused requests from the workers and their representatives to meet them and discuss the matter.

On 25 February, employees were instructed to return to their workstations after have been assured that their concerns would be dealt with. The workers returned to their workstations and were paid cash. However, from 27 February, 37 employees were suspended and 11 later dismissed for allegedly engaging in an illegal collective job action. The Zimbabwe Congress of Trade Unions (ZCTU) challenged the suspension and dismissal in the Labour court, which heard the matter and reserved judgment. The substantive issues were heard by the Arbitrator, and the Arbitral award was also reserved.

ZCTU members arrested on International Women’s Day: Fourteen members of the Zimbabwe Congress of Trade Unions (ZCTU) Western Region were arrested on Saturday 7 March during commemorations for International Women’s Day. The ten women and four men were cleaning up at Fife Street market as part of the day’s activities. The police arrived, accused them of staging an illegal demonstration and detained them at Bulawayo Police Station for three hours. The members were only released after the Western Region Paralegal Officer intervened.

Harassment of ZCTU Witness to ILO Commission of Inquiry: On 9 April, agents from Zimbabwe’s Central Intelligence Organisation (CIO) threatened the chairperson of the Zimbabwe Congress of Trade Unions (ZCTU) Rusape District branch, Mr Amos Masumuse, with unspecified consequences if he proceeded to testify before the International Labour Organisation’s (ILO) Commission of Inquiry. The CIO officers advised Mr. Masumuse that they would make his life difficult in Rusape unless he relinquished his trade union post. He was shown a place where a person was murdered during the violent June 2008 elections and told that the same could happen to him. The ZCTU complained to the Minister of Labour and Social Services.

On 4 May, Mr Masumuse was abducted and driven to an unknown destination, but he managed to jump from the moving vehicle. The day after, the CIO agents banned the selling of a ZCTU newspaper “The Worker” in Rusape. They threatened the newsagents that if they continued selling the paper, they would “see what will happen to them”. The newsagents were ordered to return the papers to Mr. Amos Masumuse and they complied. The ZCTU engaged lawyers in Mutare to apply to the Magistrate’s court for a peace order. The Mutare Magistrate’s Court granted the order on 2 June, instructing the CIO agents to refrain from harassing, assaulting, threatening, or engaging in conduct likely to interfere with Mr Masumuse.

Arrest and Detention of ZCTU Journalist: On 11 April, Christopher Mahove, a senior reporter for the Zimbabwe Congress of Trade Unions (ZCTU) publication ‘The Worker’, was arrested by police officers and detained at Dzivarasekwa police station in Harare for taking photos of police officers harassing informal traders and looting their wares. The police officers confiscated Mahove’s camera and deleted all the pictures he had taken. Further to the intervention of a lawyer, on the instructions of the ZCTU, Mahove was released after paying a fine of USD20.

May Day celebrations lead to harassment of ZCTU officer: A Zimbabwe Congress of Trade Unions (ZCTU) official in Hwange, Mr. C. Ncube, was harassed by police for his role in organising May Day celebrations. He was requested to report to Hwange police station on 2 May, but was advised by a ZCTU paralegal officer to go into hiding since it was a Saturday and the police have a culture of detaining people at weekends. From 10 to 15 May, Mr Ncube reported to police between 8 am to around 5:30 pm and was not allowed to eat. No charges were laid against Mr Ncube, but he was subject to abusive questioning. He was warned that if he did not resign from ZCTU activities, life would be difficult for him in Hwange.

Mass dismissal following strike: The Zimbabwe Mining and Smelting Company, ZIMASCO, based in Kwekwe, dismissed 23 workers, all union officials or members of the Zimbabwe Ferro Alloys Workers Union (ZFAWU), after they took part in a strike on 17 June. The strike was called in protest of management’s failure to provide protective clothing for the workforce. All the strikers were dismissed, and the case was taken to the Labour Court, which ruled in favour of the company. However, all employees were reinstated except the trade union officials, including ZFAWU president Shadreck Bvumburai, chairperson Watson Mabhena, and secretary Darlington Mabuto.

Workers’ representatives beaten by police, strikers dismissed: Four workers’ representatives at the Victoria Falls Hotel were severely beaten by police, and 69 employees subsequently lost their jobs further to a sit-in to protest at the incident.

The dispute began when the hotel’s general manager allegedly received an anonymous letter threatening violence. Four members of the workers’ committee were requested to report to the police station on 20 June. The four concerned were Mr. Siboniso Mwela, the committee chairperson; Mr. Nawu N. Ndlovu, a committee member and chairperson of the Zimbabwe Catering and Hotels Workers Union (ZCHWU); Mr. Nigel Njanji, the secretary of the committee and Mr. Msizi Mlalazi another committee member.

The four were asked by an officer named Sugare, known to be a good friend of the hotel’s human resources manager, about a meeting that was convened on 10 May which allegedly resulted in a plan to threaten the General Manager’s life. Mr. Mwela and Mr. Ndlovu were brutally beaten, including on the soles of their feet. The officer refused to accept their explanation about the real purpose of the meeting – arranging union representation for some suspended colleagues – and continued beating the workers’ representatives to force them to admit that the meeting was convened to hatch the alleged plot against the general manager. Mr. Msizi Mlalazi and Mr. Nigel Njanji were also tortured by the same officer and were told to give the police the minutes of the 10 May meeting and of all other workers’ committee meetings of the past few months. They did this quickly but were then accused of bringing the wrong set of minutes. At the end of the day the four were released without charge.

On the 22 June, the entire workers committee was summoned to the police station to see officer Sugare, but when they got to the station the officer was not on duty. They returned on 24 June and were told by officer Sugare that “someone was going to die”. He gave all of them paper and told them to write down the name of the person who wrote the anonymous letter threatening the life of the general manager and the human resources manager. All the committee members were later released without charge.

A request was later sent to management to talk to the workers about the incident, failing which the workers would engage in a collective job action. Management did not address the workers concerns, and on 7 and 8 July the workers held a sit-in. Management said the workers’ action was illegal and ordered them to return to work immediately or leave the premises. The workers refused, and management suspended all 161 workers.

A total of 69 workers were finally dismissed. They lodged an appeal with the NEC, where conciliation was conducted and a certificate of no settlement was issued. The matter was referred to arbitration, which took place on 25 September. The arbitrator reserved his decision.

The workers’ committee members were ordered by police to continuously report to the police station. There were no further developments at the time of writing.

Union leader harassed over ZCTU commemoration: In the Chegutu District, about 105km from Harare, police officers visited the home of the Zimbabwe Congress of Trade Unions (ZCTU) District chairperson, Mr Edward Dzeka, in connection with the “September 13” commemorations held in Chegutu on 12 September. Police alleged that the gathering was illegal, as it was not approved by their office. They asked the ZCTU chairperson and demanded that he reports to their offices on 13 September. On that date, two police officers, one armed, visited his home to arrest him. He was away from home. Mr Dzeka later produced a fax of the High Court order that sanctioned the processions. The police officers left, warning Mr. Dzeka that they would call on him whenever they liked.

Three trade unionists arrested, march disrupted: Three trade unionists were arrested during a commemoration march on 12 September. The march was organised by the Zimbabwe Congress of Trade Unions (ZCTU) to commemorate 13 September 2006, when ZCTU leaders and activists were brutally assaulted while in police custody. The march was initially banned by the police, but the ZCTU won an order from the High Court allowing the commemoration to go ahead. On the morning of 12 September, about 40 police officers in riot gear arrived wielding batons and began dispersing the crowd. Three persons, Jokonia Mawopa, Phillip Gavaza and Juliana Gonhedza, were arrested for holding ZCTU banners. They were detained for two hours and later released without charge.

The commanding officer told the ZCTU that he was acting on instructions from their Police Headquarters to defy the Court Order and ban the ZCTU activity. He handed the letter banning the activity to the ZCTU legal advisor, saying that it was adequate evidence for the ZCTU to apply for contempt of court but that nothing would happen, even if the court issued a contempt order. Police officers then barricaded the entrance to the site. Groups of police officers and two water canon vehicles patrolled the road to the venue.

Striking mineworkers shot, arrested and dismissed: Three striking workers were shot on 25 September at the Shabanie asbestos mine in Zvishavane. They and others were arrested, and a total of 71 were later dismissed.

The workers had been on strike since 31 August in protest over pay. Management had not paid workers’ their full salaries since January. Finally management promised to pay all outstanding wages and allowances by 31 August. The strike began when management reneged on that promise. On 25 September the striking employees gathered near the company premises for what they were told would be a meeting with management. Instead they were met by police armed with AK 47 rifles who threw tear gas into a crowd of 1,000 miners and their families.

One worker, Alluwis Zhou, asked where the managers were. In response he was shot in the left hand and then in the left leg. Two other workers, Taurai Zhou and Leonard Simbarashe Chinhadada, were shot in their right legs as they ran away. They were transferred to hospital in Harare for treatment. All three were arrested, along with scores of others. A lawyer was prevented from seeing the three injured men in hospital and was then arrested for obstructing the course of justice. He was subsequently released without charge.

Three days later two of the injured men, Alluwis Zhou and Taurai Zhou, were taken to a local courtroom in wheelchairs and charged with public violence. Nine more of those arrested appeared with them: Kudakwashe Shumba, Phonos Murombedzi, Laft Moyo, Givemore Nekai, Jemina Ratisai (wife of Alluwis Zhou), Cleopas Mhlanga, Edmore Moyo, Bernard Zhou and Amos Sibanda.

Armed police and agents from the Central Intelligence Organisation (CIO) together with Shabanie Mine security officers visited workers in their homes on 29 September threatening that if they did not return to work the following day (30 September), they would have to vacate the mine houses and get out of town. On 30 September, about three quarters of the 2,280 striking workers returned to work.

Management began to dismiss workers for being absent without leave, defying the General Manager’s order to return to work and for taking part in an illegal work stoppage. The workers’ legal representative had requested management to inform him when the disciplinary hearings would take place, but management declined to do so. A total of 71 were dismissed, including the three who were shot.

On 30 September, the home of Zimbabwe Congress of Trade Unions (ZCTU) Zvishavane District Secretary Ndodana Sithole was raided by police officers. They demanded to know what action the ZCTU was planning to take. Brother Sithole was also warned not to meet any Shabanie Mine employees. The police officers also demanded Alluwis Zhou’s cell phone, as they believed it had photos of the shooting incident. They threatened to abduct Alluwis Zhou’s wife if she failed to tell them the whereabouts of her husband and the cell phone.

Further to a request from the ZCTU, a parliamentary inquiry into the incident was due to be held in 2010.

ZANU PF Threaten ZCTU District Members: In October, in Banket, a ZANU-PF youth (the youth wing of Robert Mugabe’s Zimbabwe African National Union – Patriotic Front party) activist made threats against members of the Zimbabwe Congress of Trade Unions (ZCTU). The ZCTU reported the threats to the police, but no action was taken. The names of four ZCTU members also appeared on a short-list prepared by ZANU-PF youth to be sent to a Minister, member of the ZANU-PF party. Mr. Wonder Nyaupfipa, Mr. Tendenedzeli, Mr. Kabaya and Mr. Chiduwa were to be targeted for unspecified action because of their co-ordination of ZCTU activities, which ZANU-PF view as MDC activities. Mr. Nyaupfira, the ZCTU district chairperson, was approached by the wife of an army officer demanding that he stop co-ordinating and associating with ZCTU.

Police supervision of trade union activity: On October, the Zimbabwe Congress of Trade Unions (ZCTU) notified the Zimbabwe Republic Police (ZRP) in Mutare of its intention to commemorate the World Day for Decent Work. The ZRP sanctioned the commemorations but denied ZCTU Mutare members the right to hold a procession. The police also demanded to be included in the gathering to listen to the discussions. Four police officers attended.

Five union leaders arrested: Lovemore Matombo, the president of the Zimbabwe Congress of Trade Unions (ZCTU); Michael Kandukutu, ZCTU National Organiser; Percy Mcijo ZCTU Western Regional Officer, Dumisani Ncube, ZCTU Victoria Falls district chairperson; and Nawu Ndlovu were arrested by Victoria Falls police on Sunday 8 November at the Ngqondo Ngqondo Complex in Victoria Falls. Mr. Matombo was holding a consultative meeting with members of the ZCTU Victoria Falls District in preparation for a labour forum at the same venue the following day. The police claimed that Mr. Matombo’s meeting was illegal because it was not sanctioned by the police, and charged the ZCTU officials under the Public Order and Security Act (POSA). The five denied the charges. They appeared in court on the 12 November in Victoria Falls. The Magistrate ruled in favour of the trade unionists and warned police to respect the law. The five are suing the State for unlawful arrest and detention.

Police obstruction: On the 14 November, the president of the Zimbabwe Congress of Trade Unions (ZCTU), Lovemore Matombo,wanted to address a consultative meeting in Kadoma at Specks Hotel. Kadoma Police ordered the hotel to cancel the booking unless the ZCTU obtained a clearance letter from police. The meeting was later moved to Kadoma Ranch Motel. Some workers failed to attend due to the sudden change of venue.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec4d0&skip=0&coi=ZWE&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Zimbabwe

Population: 13,300,000
Capital: Harare
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Trade union violations deteriorated further and reached an extremely violent pitch during the period of the elections. One trade unionist was assassinated, whilst several were tortured, women activists were sexually assaulted and dozens of unionists were arrested and/or beaten. The main union leaders have been frequently arrested and threatened.

Trade union rights in law

Freedom of association – “draconian” legislation: The Labour Relations Act (LRA) gives private sector workers freedom of association, the right to elect their own representatives, and to join unions without prior authorisation. It allows for multiple unions per industry, provided that each is registered with the Ministry of Public Service, Labour and Social Welfare (MPSLSW).

The LRA gives the Registrar the power to supervise the election of officers of workers’ and employers’ organisations, to cancel or postpone elections and to change the venue of an election.

Organising is allowed in export processing zones (EPZs).

LRA removes trade union rights for public sector workers: The LRA excludes public sector workers from protection under labour laws by placing them under the Public Service Act, which does not provide for the right to form and belong to trade unions, collective bargaining, strikes or alternative dispute resolution mechanisms.

Collective bargaining – agreements subject to government approval: The LRA recognises the right to collective bargaining. However, Articles 25, 79 and 81 of the Act give the Minister of Labour the power to approve collective bargaining agreements, register and publish them – contrary to promises made by the government at the International Labour Conference in June 2004 that these Articles would be repealed. The Act also states that collective bargaining agreements should provide for measures to combat workplace violence. The Zimbabwe Congress of Trade Unions (ZCTU) believes this could be used to criminalise industrial action.

Collective bargaining is not the exclusive prerogative of trade unions, as workers’ committees may also bargain at company level. The law encourages the creation of these committees in enterprises where less than 50 per cent of workers are unionised. They exist in parallel with trade unions, hence creating the potential for employers to undermine the unions by pitting the workers’ committees against them. Their role is to negotiate on shop floor grievances, while trade unions are supposed to focus on industry level issues, notably wages, and negotiate through National Employment Councils – where they exist. The workers’ committees meet with representatives of the management to discuss workplace issues in a Works Council.

Works Councils have to be approved by the Ministry of Labour. The National Employment Councils must submit their agreements to the Registrar for his or her approval, and they can be vetoed if they are deemed harmful to the economy.

If 50 per cent or more of employees are union members, there is no parallel body, as the workers’ committee becomes the trade union committee.

Barriers to the right to strike: Although the LRA recognises the right to strike, there are many procedural hurdles, such as the fact that more than 50 per cent of the employees must vote for a strike, followed by a 30-day conciliation period and possible referral to binding arbitration and then a 14-day advance notice period. The sum effect of all these delaying tactics is that it is practically impossible to organise a legal strike. The Act does not include provisions to prohibit employers from hiring replacement workers in the event of a strike, and also includes a section that enables employers to sue workers for liability during unlawful strikes, with penalties ranging from fines to imprisonment, or both.

Strikes are prohibited in essential services. The definition of “essential” goes far beyond that envisaged by the ILO, and includes railway engineers, electricians, transport and communications’ employees, veterinary services and pharmacies. The Minister can decide what constitutes an essential service, and so declare that any service or industry is essential and thus impose a strike ban. Those taking part in an illegal strike face harsh prison sentences of up to five years.

Repressive legislation: The 2002 Public Order and Security Act (POSA) bans any public gatherings held without police permission. This has been used to obstruct trade union activities and harass trade unionists. Under the Act, people found guilty of disturbing the peace, security or public order, or of invading the rights of other people, are liable to a maximum Z$100,000 fine and/or imprisonment for up to ten years. In addition, organisers of public gatherings must apply for permission at least four days in advance.

The reformed Penal Code of 2006 is also often used to arrest and imprison trade unionists.

The Miscellaneous Offence Act carries less severe penalties. It is often used when charges of a public order offence cannot stand up in court. Blocking a public thoroughfare, for example, is an offence under this Act.

Trade union rights in practice and violations in 2008

Background: During the Parliamentary elections in March, a wave of violence and intimidation, orchestrated by the party of President Robert Mugabe, ZANU-PF, forced the main opposition party, the Movement for Democratic Change (MDC), to withdraw, shortly before the second round, though it had just won the first round. Although a power-sharing agreement was signed between the two parties in September, the political situation remained stagnant. At the end of the year the country faced a very serious economic and humanitarian crisis, with a cholera epidemic having already caused over 1,500 deaths.

Intimidation, interference and frequent banning or prevention of meetings: In practice, members of independent trade union organisations face harassment from government forces and the ZANU-PF militia. It is extremely difficult for them to carry out any trade union activities. Although the High Court ruled in April 2002 that the ZCTU does not need permission from the police to hold private meetings, the police have continued to interfere with its meetings. In the town of Gweru (Midlands), the authorities refused the ZCTU permission to organise a march on 8 March to commemorate International Women’s Day. Some trade union offices were forced to shut down owing to threats and violence.

“Illegal” strikes: The excessively complicated mechanisms for organising a legal strike means that many unions give up trying to organise a legal strike and instead resort to “illegal” stoppages, stay-aways or protest actions. In February, for instance, members of the Commercial Workers’ Union of Zimbabwe (CWUZ) representing the staff of Kingstons Limited, a quasi-public company, were obliged to sleep at their workplace in order to get their wage demands heard. Their employer threatened them with disciplinary measures and accused the leader of the protest, Wilfred Nyamukuva, of passing on “confidential” information, i.e., regarding their wage levels, to the press.

Splinter unions: The Zimbabwe Federation of Trade Unions (ZFTU) is a government-created labour body designed to undermine and weaken the ZCTU. The ZFTU works closely with the ruling ZANU-PF and has created splinter unions in every sector of the economy. In some cases ZFTU unions have coerced workers, telling them they have to join their union if they want to keep their jobs. In 2008, as before, the ZCTU reported that some of its members were assaulted for wearing ZCTU T-shirts.

Refusal to cooperate with the ILO: The government continued to renege on its international commitments by refusing, for the second year running, to appear before the Committee on the Application of Standards at the International Labour Conference.

Nine trade unionists from the education sector arrested and tortured: On 19 February in Harare, nine members of the Progressive Teachers’ Union of Zimbabwe (PTUZ), including the President Takavafira Zhou and the General Secretary Raymond Majongwe, were abducted by members of ZANU-PF whilst handing out leaflets about the crisis in the education sector. The trade unionists were dragged to the ZANU-PF headquarters, where they were severely beaten. Two women unionists were not spared and were subjected to serious sexual assault. Death threats were also made by the militia. Following this violence, five of the victims had to be hospitalised and two had severe fractures. Despite the assaults the nine women were kept under arrest. Six were released four days later and the three others after one week.

Education trade unionists targeted by the authorities and their henchmen: During the run-up to the elections, teachers and especially their trade union representatives were amongst the main victims of the security forces and gangs of young militia members and war veterans of ZANU-PF, who accused them of trying to influence the vote in the communities where they worked. According to a report from the PTUZ, 77 teachers had to be hospitalised after being assaulted, sometimes in front of their pupils, whilst hundreds of teachers’ homes were ransacked and a huge number of teachers, particularly in rural regions, took flight or emigrated.

Assassination of a member of the PTUZ: The violence reached its peak in the run-up to the second round of the elections. On 5 June, the PTUZ learnt that one of its members, Sheperd Chegwu, the head of the Katsukunya secondary school, had been assassinated. He had been adducted from his home on 3 June. His dead body was found two days later, showing signs of torture and bullet wounds to the neck and head. Sheperd Chegwu had been interrogated beforehand by members of the ZANU-PF militia.

New violence and intimidation against trade unionists from the PTUZ: On 9 June, members of ZANU-PF stormed the PTUZ offices in Gokwe. After ransacking the place and carting off all kinds of documents, the fifteen or so assailants shut the offices down. Earlier, on 6 and 7 June, two local PTUZ activists had been violently attacked. In Harare, the PTUZ closed its offices after its leader Raymond Majongwe, General Secretary, and its treasurer and his family had been harassed by unknown persons.

Violence and threats against the whole free trade union movement: On 12 June, in Chegutu, Edward Dzeka, a leader of the General Agriculture and Plantation Workers’ Union of Zimbabwe (GAPWUZ) and President of the local ZCTU branch, was abducted by members of the ZANU-PF militia. He was apparently taken to a torture centre. In Chegutu too, Rebecca Butau, a ZCTU advisor, was beaten and had to have medical attention. Her assailants told her that they were looking for David Zunde, another GAPWUZ leader. Forty-six members of GAPWUZ had to seek refuge in Harare after being threatened and beaten up by militiamen. Also in June, the ZCTU President of the district of Chivhu, Tinashe Murau, was beaten up by ZANU-PF militiamen, who told him off for wearing a ZCTU tee-shirt. His hand was fractured.

Two main leaders of the ZCTU arrested and held for 11 days: On 8 May, Lovemore Matombo and Wellington Chibebe, the President and General Secretary, respectively, of the ZCTU, were placed under arrest after turning themselves over spontaneously at the Harare Central Police Station, aware that the police wanted to interrogate them after the speeches they had made on First May to workers at the Dzivaresekwa stadium. At that meeting, they had denounced the political violence raging across the country with the death of several people. They were charged with “spreading lies” and “fomenting rebellion against the government”. On 19 May, after several delays and an initial ruling in the court of first instance denying them the right to bail, the High Court ordered their release on bail of 20 thousand million Zimbabwean dollars apiece. Raymond Majongwe, the General Secretary of the PTUZ, who was attending the hearing, was arrested and detailed for several hours. The terms attached to the release of the two ZCTU leaders included a ban on “speaking at political meetings until the case was closed”. After many adjournments, the accused men eventually managed, on 18 September, to get their case heard in the Supreme Court.

PTUZ President imprisoned for five days: On 18 September, Takavafira Zhou, President of the PTUZ, was arrested by some men dressed in plain clothes. After being insulted and manhandled, he was dragged to the police station in Masvingo where he was held, in degrading conditions and with no contact with the outside world, until 22 September. He was threatened and accused of organising illegal strikes. Takavafira Zhou ended up being released, however, with no charge brought against him.

Police brutality, including against union leaders, and mass arrests throughout the country: On 3 December, 69 trade unionists were arrested during peaceful demonstrations by the ZCTU in several towns. The demonstrations were aimed at protesting against the unprecedented financial crisis in the country by submitting petitions to the Reserve Bank of Zimbabwe. In Harare, the ZCTU General Secretary Wellington Chibebe was arrested along with nine other people whilst speaking to workers after handing over the petition. In the capital again, ten other trade union leaders were beaten up by the police, including five women activists: Gertrude Hambira, General Secretary of the General Agricultural and Plantation Workers’ Union; Angeline Chitambo, President of the Zimbabwe Energy Workers’ Union; Tecla Masamba of the Communications and Allied Workers’ Union of Zimbabwe; Martha Kajama of the National Engineering Workers’ Union of Zimbabwe and Mirriam Katumba, Vice-Chair of the Women’s Advisory Council. The activists arrested in Harare were released on the same day, but those arrested in other towns were not released until the day after or even several days later.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cabc1a&skip=0&coi=ZWE&querysi=trade&searchin=title&display=10&sort=date

2010 Annual Survey of violations of trade union rights – Zambia

Population: 12,900,000
Capital: Lusaka
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

The right to strike was again undermined as striking nurses faced police intimidation and the threat of dismissal. On several occasions workers took strike action because of their frustration at the way employers, including the government, ignored or delayed collective bargaining. The right to strike is severely limited in law.

Trade union rights in law

A number of limitations on trade union rights apply despite initial guarantees. While the Constitution provides for freedom of association, there can only be one union per industry. Furthermore, workers in the prison service, judges, court registrars and magistrates are excluded from the Industrial and Labour Relations Act, and the Minister also has discretionary powers to exclude certain categories of workers from the scope of the Act.

While the right to collective bargaining is secured, it is almost impossible to call a lawful strike, as all strikes are subject to a long series of procedural requirements. Strikes can also be discontinued if found by the court not to be “in the public interest”. Police officers can arrest workers without needing a warrant if they are believed to be on strike in an essential service, the list of which exceeds the ILO definition.

Trade union rights in practice and violations in 2009

Background: Zambia was hit hard by the global economic downturn as the price of copper slumped and thousands of jobs were lost in the mining industry. Zambia remains one of the world’s poorest countries, with 60% of the population living below the poverty line. In August Frederick Chiluba, who was President of Zambia from 1991 to 2002 and a former General Secretary of the Zambia Congress of Trade Unions, was cleared of corruption charges after a six year trial.

Trade union rights flouted: Trade union rights are widely flouted particularly in the mining sector, which is dominated by foreign owners, notably Chinese investors who are often accused of intimidating behaviour. The Zambia Congress of Trade Unions (ZCTU) has expressed concern at the government’s failure to apply labour legislation, particularly when it comes to Chinese investors. The increasing number of sub-contractors in the mining industry makes it harder to organise the workers, and when trade unions do succeed they are often faced with employers who try to avoid social dialogue.

Because the right to strike is subject to a long series of procedural requirements, in practice it is almost impossible for workers to hold a legal strike. Employers take advantage of this to declare strikes illegal and dismiss labour activists.

Legal strikes futile: As a result of lengthy procedural requirements making it almost impossible for workers to hold a lawful strike, no legal strike has been held in Zambia since 1994.

Intimidation of striking nurses: On 18 June, during a month long health workers’ strike, armed police were sent to the University Teaching Hospital (UTH) in Lusaka, Zambia’s largest hospital, to stop the nurses from carrying out their strike within the hospital premises. They had gone on strike to press for improved conditions of service. Nurses were then given an ultimatum on 25 June to return to work by 29 June or be sacked.

On 28 June, police officers disrupted a meeting organised in the hospital by striking nurses at the UTH, ordering them to abandon the meeting. The following day police in Ndola, wearing riot gear, broke up a gathering by striking nurses from the Ndola hospital at the Kansenshi cemetery.

The police arrested five of the nurses (Anna Mulio, Nancy Mwila, Matilda Mukobe, Ireen Kunda, of the Ndola Central Hospital (NCH) and Susan Nampemba, of the District Health Management Team (DHMT0) and charged them with illegal assembly. The nurses had chosen to gather at the cemetery after being instructed not to hold meetings in government hospitals. The acting Police Chief for the Copperbelt region told the media that police officers had been deployed in all hospitals and clinics to stop the so-called “illegal” gatherings.

The health workers’ strike was called off further to a meeting between the Health Minister, the Zambia Congress of Trade Unions (ZCTU), the Zambia Nurses Union Organisation (ZUNO) and members of the clergy. As a result of that meeting, the government agreed that nurses’ allowances were too small and promised to set up a technical committee to look at how to meet the nurses’ demands.

Striking miners dismissed: On 13 November, police officers were sent to disperse hundreds of mine workers at the Konkola Copper Mine, on the fourth day of their strike. There had previously been some violent incidents, although the union pointed out that is was largely due to the massive frustration felt by the miners at the failure to address their demands. The National Union of Miners and Allied Workers (NUMAW) said that the company had given the workers an ultimatum to return to work or lose their jobs, declaring the strike illegal. It refused to resume talks until the miners returned to work. The strike was called off and talks on demands for better working conditions and pay resumed. In early December however, Konkola Copper Mines dismissed at least 40 employees for their role in the strike.

University frustrates collective bargaining: At the end of December the University of Zambia Lecturers and Researchers’ Union (UNZALARU), the University of Zambia and Allied Workers Union (UNZAAWU) and the University of Zambia Professional and Senior Staff Association (UNZAPROSSA) warned that the current situation at the institution was potentially explosive . In June, all members of staff at the university had gone on strike after the university management failed to meet outstanding contractual obligations and facilitate meaningful collective bargaining. The strike was called off after assurances that a solution to the unions’ concerns was being sought. By December however nothing had changed. Furthermore the Minister of Education had ignored numerous requests by the unions for a meeting with her. At the end of the year two of the organisations at the university were still negotiating for improved conditions of service for 2009. The unions stated that the management with the full backing of the university council had done everything possible to delay and frustrate the collective bargaining process.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec4d2e&skip=0&coi=ZMB&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Zambia

Population: 11,000,000
Capital: Lusaka
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Trade union rights are widely flouted in the mining sector, which is dominated by Chinese owners.

Trade union rights in law

Restrictions on freedom of association: Workers, apart from police officers, have the right to form and join trade unions. All unions must be registered, but must have at least 25 members in order to do so, and there can, in principle, only be one union per industry.

Anti-union discrimination is prohibited by law, which provides for redress, including reinstatement for workers fired as a result of union activities.

Collective bargaining: Collective bargaining is recognised and in the private sector is carried out through joint councils. Civil servants negotiate directly with the government.

Restrictions on the right to strike: Workers have the right to strike, except those engaged in essential services, which exceeds the ILO definition by including fire fighting, sewerage, and certain mining operations.

Workers enjoy certain legal protections against an employer’s retribution for strike activities. However, the right to strike is subject to a long series of procedural requirements, so it is almost impossible for workers to hold a legal strike. As a result, no legal strikes have been held in Zambia since 1994.

The Industrial and Labour Relations Act empowers a police officer to arrest someone without needing a warrant, if they are believed to be on strike in an essential service or are likely to damage property. Police can impose a fine and up to six months’ imprisonment. The ILO has said that this punishment is disproportionate and has asked the government to amend it.

Revisions of labour laws: The government has been requested by the ILO for many years to amend the law to remove the above-mentioned restrictions and bring it into line with the principles of freedom of association.

Trade union rights in practice and violations in 2008

Background: In November, the acting Vice-President, Rupiah Banda, won the presidential elections following the death of Levy Mwanawasa. The opposition, which was defeated by a small margin, said the vote had been rigged. In recent years the unions have continuously complained about the worsening social climate in the mining industry, which is mainly owned by Chinese investors who are often accused of intimidating and brutal attitudes. Several projects for setting up export processing zones (EPZs) are planned or being developed. The project that has progressed furthest is in Chambishi, where China has said it will shortly be setting up 150 companies.

Mass dismissal of strikers and arrest of seven trade unionists: On 5 March, 500 striking workers at the Chambishi Copper Smelter (CCS) were sacked by their employer. The day before, seven branch officials of the National Union of Miners and Allied Workers (NUMAW) had been arrested by the police after a battle had broken out between 500 workers and 200 Chinese foremen, resulting in at least three people being injured. The workers, employed to build a foundry, had gone on strike on 3 March to demand pay increases and better safety conditions. The union officials were released, and the workers were reinstated after some intensive negotiations.

Trade unionist is beaten and dismissed: In early June, again in Chambishi, Richard Sinkala, a union member working for another Chinese company, NFC (China Non-Ferrous Metal Industry’s Foreign Engineering & Construction Company), filed a complaint that he had been assaulted by Ma Jong, a Chinese engineer. Richard Sinkala had repeatedly complained about the inadequate financial compensation paid to the family of a worker who had died from an occupational accident. After spending a few nights in prison, the engineer was released for lack of evidence. The trade unionist was sacked.

Violations of union rights in the mining industry: The fundamental rights of workers and their representatives are being increasingly flouted in the mining industry. There are more and more sub-contractors, and those trade union delegations that do manage to set up are faced with employers trying to avoid any social dialogue. One specific result of this trend is that occupational accidents, which are often fatal, are constantly rising.

Expulsion of 24 Indian strikers: The situation faced by foreign workers recruited by these foreign investors is not always any better. In May, 24 Indians were summarily repatriated to Bombay after being identified as the ringleaders of a strike involving over 300 of their compatriots employed by Onshore Construction Company, an Indian sub-contractor hired to build a copper foundry in Chingola. The workers were complaining about their pay and working conditions.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cabdc&skip=0&coi=ZMB&querysi=trade&searchin=title&display=10&sort=date

2010 Annual Survey of violations of trade union rights – Yemen

Population: 23,600,000
Capital: Sana’a
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Several strikers and unionists were dismissed and detained while many workers remain unorganised and subject to abuse. The authorities have increasingly stepped up repression of independent media and journalists. There is only one official trade union organisation, and the law is not conducive to trade union activities.

Trade union rights in law

Many excessive restrictions apply despite some trade union rights being recognised. While freedom of association is guaranteed in the Constitution, all unions must belong to the General Federation of Worker’s Trade Unions of Yemen (GFWTUY), the country’s only umbrella union organisation. A proposed Labour Code would allow foreign workers to join trade unions, although they would still not have the right to be elected to trade union office.

While the right to collective bargaining is secured, the Ministry of Labour has the power to veto any collective bargaining agreement. Agreements that are “likely to cause a breach of security or to damage the economic interests of the country” can be annulled.

Furthermore, the right to strike is very limited. Permission to strike must be obtained from the GFWTUY, and all strikes must concern more than two thirds of the workforce of the employer. Three weeks’ notice must always be given, and strikes may not be carried out for “political purposes”. Also, industrial disputes may be referred to compulsory arbitration at the request of only one of the parties, in which case a strike can be suspended for 85 days, and all strikes are banned in some sectors such as ports, airlines and hospitals.

Trade union rights in practice and violations in 2009

Background: Since the middle of 2009 clashes between government forces and rebels in the north-west of Yemen have killed hundreds and displaced many more leading to a humanitarian crisis. Additionally there are fears of a growth in the influence of Al-Qaeda. The government promised to improve the labour law to give more union freedom, but without results. The International Federation of Journalists urged the Yemeni authorities to guarantee the safety of journalists in the country following death threats made against Murad Hashem, Al-Jazeera’s bureau chief in Yemen.

Employer resistance to organising and bargaining: Many private sector employers do not allow their workers to organise. In both the public and private sector, many trade unions are not allowed to negotiate collective agreements. Strikes do occur however. For example, following negotiations with the Yemeni Journalists Syndicate, an affiliate of the International Journalists Federation (IFJ), in early 2009, the government agreed to a pay rise and improved contracts for 2010. The agreement came after a partial strike of journalists working in four media groups who had observed a work stoppage of one hour per day for one week.

Unorganised workers lack legal protection: Most construction workers and those in trades such as painting ceramics and shipment services who work in the capital, Sana’a, are employed on a daily basis without a written contract or legal protection. They are frequently cheated by employers and have no recompense in case of accidents. Specific legal provisions are also needed for the protection of workers’ organisations and sanctions against anti-union activity by employers.

Doctors barred from taking part in protest: A fatal attack on Dr. Derhim Al-Qadasi in the capital Sana’a led to a one month sit in by some 30 relatives and colleagues. In January, it was announced that doctors and nurses would be holding a strike in solidarity with the family and in response to the government’s apparent failure to investigate the case. On 22 January, doctors, pharmacists, nurses and hospital workers of the Yemeni Physicians and Pharmacist Syndicate Union announced a full strike. However, some 70 hospitals were reported to have prevented their doctors from participating in the sit-in by placing security at the gates to prevent them from going out. After huge pressure from physicians, activists, and the general public, the authorities arrested Tawfiq Al-Maflahi and four other involved in the murder.

Strike organisers arrested: Problems between the management and workers at the new “Port II / Caltex port” in Aden (a newly privatized section of the state-owned port) remain unresolved. The non-recognition and banning of trade unions, delays in salaries, non implementation of the agreement concerning workers rights signed between the Port management and the Ministry of Transport, led to a massive strike in the port and the arrest of six of the organisers in November 2008. Intervention by The International Transport Federation (ITF) helped end the conflict and the detained workers were released. However, trade unions are still not allowed and working conditions remained poor.

Union members dismissed and drivers’ union’s registration revoked: In April 2009, the General Federation of Workers’ Trade Unions of Yemen (GFWTUY) wrote to the Minister of Social Affairs and Labour to protest against the cancellation of the official registration of the Total Drivers’ Syndicate. It also asked for four drivers dismissed in connection with an industrial dispute, including the head of the union Abdullah Al-Mihdhar, to be reinstated. The letter stated that cancelling the registration of the Total Drivers’ Syndicate violated the provisions of Trade Union Law No. 35, issued in 2002, particularly articles 2 and 14.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec4ea&skip=0&coi=YEM&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Yemen

Population: 22,400,000
Capital: Sana’a
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

A single trade union system is in place, and labour rights remain restricted. The government still promises to improve the labour law to give more union freedom, but without results. Six union members were arrested for leading a dock strike but were released after six days.

Trade union rights in law

Labour law: The 2002 labour law is consistent with some of the provisions of ILO fundamental standards, but still contains several restrictions on trade union rights. The new Labour Law, still in draft form, contains several significant changes, notably that foreign workers may join trade unions but will still not have the right to be elected to trade union office. However, the proposed Labour Code had still not passed into law by the year’s end, although on 17 March Vice President Abdu Rabu Mansor-Hadi said that the law would be changed to provide more freedom for unions and to improve workers’ conditions.

Freedom of association – Single trade union system: The law recognises the right to organise, but all unions must belong to the General Federation of Worker’s Trade Unions of Yemen (GFWTUY), the country’s only umbrella union organisation. The GFWTUY claims that it is not associated with the government, but it works closely with it to resolve labour disputes.

Restrictions on union membership and election of officers: Some restrictions remain in the draft, such as the exclusion of domestic workers and civil servants from joining unions. In addition, minors aged between 16 and 18 can only join a trade union if their tutor agrees. There is no minimum membership for unions, and workers may associate by profession or trade.

Some trade unions do exist outside the GFWTUY structures, and only the GFWTUY general assembly has the responsibility to dissolve unions. That monopoly might be challenged when the law removes all specific references to the GFWTUY.

Right to collective bargaining – Collective agreements can be vetoed: Workers are allowed to bargain collectively, but the Ministry of Labour has the power of veto over any collective bargaining agreement. Agreements that are “likely to cause a breach of security or to damage the economic interests of the country” can be annulled. The ILO has requested the government amend the draft code so that the government may only refuse to register a collective agreement if it contains a procedural flaw or does not conform to minimum standards laid down by the labour legislation.

Right to strike – Strict conditions: The law recognises the right to strike but strikes may only be called after the completion of dispute settlement procedures. Disputes may be referred to compulsory arbitration at the request of only one of the parties, in which case a strike can be suspended for 85 days. The proposal to strike must be put to at least 60% of all workers concerned, of whom 25% must vote in favour. The strike call must concern more than two thirds of the workforce of the employer. Permission to strike must be obtained from the GFWTUY, and three weeks’ notice must be given.

Strikes are banned in some sectors, such as ports, airlines and hospitals, and may not be carried out for “political purposes”.

No protection from anti-union discrimination in the draft law: The draft law does not contain any provisions or sanctions to protect workers from bosses’ anti-union discrimination or protect unions from employers’ interference.

Trade union rights in practice and violations in 2008

Background: The country has been governed by Ali Abdallah Saleh and the General People’s Congress since 1990. However, there have recently been calls for electoral reform, and the government has violently put down opposition rallies demanding free and fair elections. Yemen has become increasingly caught up in tensions in the Middle East, with actions by Islamic militants unsettling the country.

Employer resistance to organising and bargaining: Many private sector employers do not allow their workers to organise, while in both the public and private sector, and often do not allow trade unions to negotiate collective agreements.

Unorganised workers lack legal protection: Most construction workers and those in trades such as painting ceramics and shipment services who work in the capital, Sana’a, are employed on a daily basis without a written contract or legal protection. They are frequently cheated by employers and have no recompense in case of accidents.

Harbour workers arrested for striking: Six committee members of the Aden Container Terminal (ACT) Union were arrested on 9 November. They were leading a strike of 500 workers protesting at an agreement signed between the government and the Dubai Ports International Company (DPI) to operate the ACT. They feared this could result in their being fired or their rights rescinded. The DPI threatened to replace them with Thai or Dijibouti workers. The six committee members were released on 17 November.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cabe2&skip=0&coi=YEM&querysi=trade&searchin=title&display=10&sort=date

2010 Annual Survey of violations of trade union rights – Vietnam

Population: 88,100,000
Capital: Hanoi
ILO Core Conventions Ratified: 100 – 111 – 138 – 182

The official trade union confederation has been criticised on all sides for its ineffectiveness. The government continues to victimise independent trade unions.

Trade union rights in law

There are many obstacles to the free enjoyment of trade union rights. Workers may not organise or join unions of their choosing, as all unions must be approved by and affiliate with the Vietnam General Confederation of Labour (VGCL) and operate under its umbrella. The VGCL, on its part, is under the leadership of the ruling party. Individual unions can only affiliate with, join or participate in international labour bodies if approved by the VGCL. While VGCL-affiliated unions have the right to bargain collectively, the right to strike is severely restricted. The voting thresholds for calling a strike are prohibitively high, and all strikes must relate to collective labour disputes or concern industrial relations. Furthermore, strikes that involve more than one enterprise are illegal, as are strikes called in public services or state-owned enterprises. Strikes are also banned in sectors considered important to the national economy and defence, a definition which currently covers a total of 54 sectors. The Prime Minister can suspend a strike considered detrimental to the national economy or public security. Finally, if a strike is ruled illegal, the union and the individuals involved are liable for compensation to the employer for “losses and damages”.

Trade union rights in practice and violations in 2009

Background: Vietnam is still under the single party rule of the Communist Party. Repression of any sign of dissidence is being stepped up in the run-up to its next congress, in January 2011.

No freedom of association: Workers do not have the right to form or join a trade union that is not affiliated to the Vietnam General Confederation of Labour (VGCL), the official labour confederation controlled by the Communist Party. A new generation of trade unionists is emerging however, who do not have such close links to the party, notably in the post and telecommunications sector.

Official labour confederation criticised for its ineffectiveness: Strikes in Vietnam are usually called by informal groups of workers, even where there is a VGCL (Vietnam General Confederation of Labour) union delegation. The local authorities and representatives of the official union usually try to hold negotiations between workers and management. However the VGCL mainly takes the interests of the government and the enterprise into account during negotiations. In February, several representatives of the authorities called for a review of the labour legislation in order to clarify the roles and responsibilities of the trade unions. The deputy-director of the Ho Chi Minh City Export Processing and Industrial Zone Authority (HEPZA) explained that workers go on wild cat strikes because the procedures for organising a legitimate strike were too complicated and because workers considered that strikes were the only way to claim their rights and that most of the local trade unions did not fulfil their role of representing members and protecting their rights.

Court cases lead to dead end: Workers who want to claim the respect of their rights in court face numerous obstacles, including the slowness and cost of the proceedings, and even the absence of an employment contract. When the Thu Duc (Ho Chi Minh City) district union wanted to bring a case on behalf of 70 workers at the Hai Vinh Co. factory against their management, it turned out that most of them did not have an employment contract, even though it is a legal obligation. In other cases employment contracts were signed, but the workers did not get a copy.

Union representatives often co-opted: The ability of unions that are affiliated to the Vietnam General Confederation of Labour (VGCL) to effectively bargain with management is handicapped by the fact that at many private enterprises, VGCL representatives are either considered by the workers to be close to management or are actually management officials.

Drop in the number of wildcat strikes: Despite the restrictions on strike action, 216 wild cat strikes (illegal under the terms of the Labour Code) were carried out in 2009, which was 70% less than in 2008 according to government figures. This fall in the number of wildcat strikes was not due to an improvement in the workers’ situation however, but rather owing to their fear of losing their jobs in the wake of the world economic crisis. According to the government, most strikes took place in foreign-owned enterprises and were in protest at long working hours for low wages, as well as the violation of rights set out in the employment contract.

Two workers’ rights activists released: Tran Thi Le Hong, one of the founders and representatives of the United Worker-Farmers Organisation of Vietnam (UWFO) was released in February. She had been sentenced to three years imprisonment for “abusing democratic freedoms”. Huynh Viet Lang, a member of the Democratic People’s Party who had published an article in 2006 criticising workers’ rights violations in Vietnam, was released in February after spending 30 months in detention, but Human Rights Watch notes that he will remain under close supervision for two years, which is tantamount to house arrest.

Tran Khai Than Thuy re-arrested: Tran Khai Than Thuy, a renowned journalist, has been subjected to several periods of detention and house arrest since becoming one of the founders in 2006 of the Independent Workers’ Union. According to Human Rights Watch, she was beaten by thugs and uniformed police on 8 October, after trying to attend the trial of other dissidents in Hanoi and Haiphong. She was arrested and accused of “intentionally causing injury or damaging the health of other persons”. At the end of the year she was awaiting trial.

At least three independent activists still in detention: In May a Human Rights Watch report documented the government’s repression of activists who tried to create independent trade unions. The report recalls that since 2006 at least eight independent activists have been sentenced to prison on dubious national security charges. Three of them were still in prison at the end of 2009: Doan Van Dien, one of the founders of the the United Worker-Farmers Organisation of Vietnam (UWFO), Tran Quoc Hien, UWFO spokesperson, and Le Thi Cong Nhan, a lawyer and multi-party democracy campaigner. During her trial she was accused of “fallacious interpretation” of government policies on labour unions. Her articles on the internet criticised national legislation that allowed for arbitrary detention, prevented the creation of independent trade unions and the exercise of the right to strike. Le Thi Cong Nhan is being held in Yen Dinh prison, 150km south of Hanoi.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec4e3b0&skip=0&coi=VNM&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Vietnam

Population: 87,400,000
Capital: Hanoi
ILO Core Conventions Ratified: 29 – 100 – 111 – 138 – 182

Freedom of association and trade union pluralism continued to be denied in Vietnam. In 2008, the government enacted two Decrees that further restrict the right to strike, but this did not impede wildcat strikes. 762 wildcat strikes were reported during 2008, a 41% increase over 2007. In Hanoi alone, nearly 20,000 labourers were involved in 46 labour disputes.

Trade union rights in law

Freedom of association: Workers are not free to organise or join unions of their choosing. The Law on Trade Unions sets out that trade unions operate “under the leadership of the Communist Party of Vietnam” (CPV). Moreover, any union formed must be approved by and affiliate with the Vietnam General Confederation of Labour (VGCL) and operate under its umbrella. Similarly, the Statutes of the Vietnamese Trade Unions adopted at VGCL’s 9th Congress in 2003 also clearly state the trade unions are under the CPV’s leadership. The VGCL works under the close supervision and effective control of the Party and is a core member of the Vietnam Fatherland Front.

According to the Labour Code, a union must be formed by the local or industry trade unions within six months of the establishment of any new enterprise with ten employees or more. Businesses with less than ten employees are excluded from the requirements on unionisation. The employer is responsible for “facilitating the early establishment” of the union. Once the union is legally formed, the law further requires the employer to recognise the union, and to “cooperate closely with it”. However, officials of the Ministry of Labour, Invalids and Social Affairs (MOLISA) have publicly admitted that many enterprises, particularly those owned by foreign investors, have no union presence.

According to the Law on Trade Unions, individual unions are only able to affiliate with, join, or participate in international labour bodies “in conformity with their activity objectives”. Those “objectives” are determined by the national VGCL, giving it effective power to prevent international contacts or affiliations of which it does not approve.

Acts of anti-union discrimination are prohibited by the Labour Code. An employer must receive permission from the union or higher level VGCL body before terminating any member of the union’s executive committee.

Right to strike: The July 2007 amendments to the Labour Law brought significant changes to legal procedures for strikes in Vietnam. Disputes are divided into disputes over rights (compliance with the law, collective bargaining agreement, and/or work rules of the company) and disputes over interests (demands beyond what the law provides), and different procedures are set out for both. The law also sets out an extensive process of mediation and arbitration that must be followed before a strike can legally take place.

Strikes are illegal if their origin does not arise from a collective labour dispute or if they concern issues that are outside of labour relations. The law also states that in non- unionised enterprises “a strike must be organised and led by representatives nominated by workers”. The names of those workers representatives must be sent to the VGCL.

Sectoral/industrial strikes are clearly banned by a new provision of the law which states that any strike that involves more than one enterprise is illegal.

Thresholds for workers to approve a decision to strike are excessive. The law states that at least 50 per cent of the workers in an enterprise with less than 300 workers must vote for the strike. For enterprises with 300 workers or more, the requirement increases to 75 per cent.

New provisions in the law open a potential loophole for employers and government to influence workers’ decisions through creative use of a “work stoppage allowance”, to be paid to workers who do not take part in the strike but are prevented from working because of it. Striking workers are not entitled to pay and benefits.

Employers have the right to challenge the legality of a strike by appealing to the Labour Court. If a strike is ruled illegal, the law holds that the workers’ organisation and individuals involved in the strike are liable for compensation to the employer for “losses and damages”. Employer challenges to the legality of a strike can be filed up to three months after a strike is finished, raising concerns about retaliatory challenges to successful strikes.

Strikes are prohibited in public services, in state-owned enterprises and those considered by the government to be important to the national economy and defence. The definition is broad, covering a total of 54 sectors, including railway, maritime and air transportation, banks, post and telecommunications, electricity production and the oil and gas industries. The Prime Minister has the right to suspend a strike considered detrimental to the national economy or public security.

In strikes which are deemed legal, provisions in the law provide protection to workers by specifically forbidding “terminating individual labour contract, imposing labour discipline or transferring the workers to other jobs or other locations” because of those workers’ involvement in a strike. The law also prohibits employers from taking “revenge” against workers who supported or lead strikes or engaging in a “unilateral suspension of business of operations in order to resist a strike”.

In 2008 the government enacted two decrees that further restrict the right to strike (Decree 11/2008/ND-CP and Decree 12/2008/ND-CP). They regulate respectively the question of compensation for damage caused by unlawful strikes to employers and the issue of postponement or suspension of strikes.

Collective Bargaining: VGCL-affiliated unions have the right to bargain collectively on behalf of all workers in an enterprise. However, their ability to effectively bargain with management is handicapped by the fact that at many private enterprises, VGCL representatives are either considered by the workers to be close to management or are actually management officials.

Trade union rights in practice and violations in 2008

Workers see wildcat strikes as their only option: The VGCL describes itself as the bridge between employer and worker, rather than the defender of workers’ rights. Credibility of the VGCL among workers is still low because many workers believe that the leadership is unable to represent their concerns successfully.

Nguyen Van Be, Party Secretary of the Tan Thuan Export Processing Zone, said many labour officials did not help workers organise legal strikes or protect their rights. Dang Nhu Loi, Vice Director of the Parliament’s Committee on Social Affairs, said a recent survey in the southern industrial hubs of Binh Duong, Dong Nai and Ho Chi Minh City showed that all labour union officials had been selected by local company leaders, not the workers.

Export processing zones: Nguyen Thi Hoa, Trade Union Chairwoman of Hanoi Industrial and Export Processing Zones, reported that most enterprises did not want to set up trade unions. Hoa noted that the Labour Code requires the establishment of trade unions if employers have not set up a Party organisation or a Communist Youth Union.

Hundreds of strikes tolerated: Despite the restrictions on strike action, hundreds of wildcat (illegal under the Labour Code) strikes occurred throughout the year with around 20 strikes involving more than 60,000 workers.

One of the most publicised strikes involved 17,000 workers at the Taiwan-owned Ching Luh factory sourcing shoes for Nike in southern Long An Province. The workers struck on 31 March and demanded a monthly salary increase. Four workers urging their fellow workers to continue the strike were arrested on 1 April, after the company agreed to a smaller increase and the workers returned to work. In addition, management officials forced at least 20 strike leaders to submit their resignations.

On 9 May, several workers at a Chinese-owned plastics factory in Nam Hoa Ha Co in Bac Giang Province were beaten by company’s security personnel when struggle arose in the factory after manager refused salary increase. In the ensuing clash with police, many workers were seriously injured and 60 arrested. The outcome of the cases of the arrested workers is not known.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cabe23&skip=0&coi=VNM&querysi=trade&searchin=title&display=10&sort=date

2010 Annual Survey of violations of trade union rights – Venezuela

Population: 28,600,000
Capital: Caracas
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138

Violence linked to the fight for jobs continued to be the main reason behind the killing of trade unionists. Unjustified delays in collective bargaining negotiations were common practice, both in the public and private sectors. The legislation prevents trade unions from carrying out their activities freely.

Trade union rights in law

Despite constitutional guarantees, trade union rights are not adequately protected. Workers have the right to form and join trade unions, however the law requires a minimum of 100 members in order to create a union. It also requires that the union submit full information regarding its members’ identity, place of residence together with their signature. Furthermore, unions are not free to organise their internal administration. The Constitution requires union constitutions to make their leaders’ mandates non-renewable, and foreigners are not allowed to belong to a union’s executive body unless they have lived in the country for 10 years. The Constitution also provides that trade union elections shall be announced, organised, directed and supervised by the National Electoral Council (CNE), which is not a judicial organ. Finally, the Penal Code undermines, through the application of penalties, the right to hold peaceful demonstrations and the right to strike and block a company’s production.

Trade union rights in practice and violations in 2009

Background: The government held a referendum aimed at amending the Constitution, to allow representatives elected by popular vote to stand for re-election indefinitely. The reform was approved on 15 February 2009 by 54.36% of the electorate, and will allow the current president, Hugo Chavez, to stand as a presidential candidate indefinitely.

The government’s refusal to engage in social dialogue and establish tripartite consultations on policies affecting workers’ conditions and living standards led to numerous trade union protests.

Strategies undermining collective bargaining: Unjustified delays in collective bargaining negotiations were common practice during 2009, both in the public and private sectors, giving rise to many trade union protests. The delays resulted in the expiry and failure to renew many collective agreements. By June 2009, 243 collective agreements were left unsigned and over 3,500 agreements had not been discussed.

Collective agreement breached by Metro de Caracas: The Caracas metro workers’ union, Sindicato de Trabajadores del Metro de Caracas (Sintrameca), reached a contractual agreement with the state-owned company in 2008. Following the approval of the referendum on 15 February 2009, the government refused to recognise the agreement and called on the union to hold renewed negotiations, based on the proposals presented by the Transport and Communications Ministry. This erratic move by the government shows a total disregard for the negotiations that had been held and the agreements in force, as well as attacking the union’s right to freely decide on its initiatives and action plan, and undermining the right to collective bargaining.

Collective bargaining violations in education sector: The Education and Labour Ministries have been delaying the launch of negotiations on the Fifth Collective Agreement for the Venezuelan education sector for over two years. The government finally called the meeting on 8 May 2009, but only invited the union organisations that support the government’s policy, Sindicato Nacional de la Fuerza Unitaria del Magisterio (Sinafum), Federación Venezolana de Maestros (FVM), and Federación de Educadores de Venezuela (FEV), and went on to sign a collective agreement with them. Six other teaching federations (Fetraenseñanza, Fetramagisterio, Fetrasined, Fenaprodo, Feslev and Fenatev) were thus excluded, on the pretext that they had not met the requirements for holding trade union elections and presenting financial reports to the National Electoral Council (CNE). The organisations excluded pointed out that the agreement signed was later used to advance elements of an Education Act that failed to consider the main actors and was not the product of a wide and inclusive debate.

Multinational tramples workers’ rights and refuses to sign collective agreement: During 2009, the Éxito supermarket chain, owned by the French group Casino, showed complete disregard for trade union rights and the workers’ calls for decent working conditions, leading its employees to stage a number of protests throughout the year. On 13 November, a group of workers affiliated to the commercial workers’ union, Sindicato de Trabajadores Unidos del Comercio y Afines (Sintruco), gathered to demand that the company respect its rights and sign a collective agreement that had already been under discussion for two years.

Interference in union elections at PDVSA: The Venezuelan petroleum company, Empresa de Petróleos de Venezuela S.A. (PDVSA), called on the petroleum and gas workers’ federation, Federación Unitaria de Trabajadores del Petróleo, del Gas, sus Similares y Derivados de Venezuela (FUTPV), to hold elections to allow for the launch of collective bargaining talks in the sector, where the collective agreement had expired almost a year prior. After facing a series of obstacles raised by the National Electoral Council (CNE), the elections were finally held on 1 October 2009. The negotiations were subsequently initiated but no agreement had been reached by December 2009.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec4fb&skip=0&coi=VEN&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Venezuela

Population: 27,976,601
Capital: Caracas
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138

Collective bargaining and the right to strike continue to be steadily weakened, in most cases as a result of the political conflict between the government and opposition trade union organisations. The criminalisation of labour protests and demonstrations, as well as the interference of the National Executive Council (CNE) in internal elections are further undermining the loss of trade union independence.

Trade union rights in law

Freedom of association – restrictions in the LOT: The Constitution of 1999 and the 1990 employment law (“Organic Labour Act” or “Ley Orgánica del Trabajo”, LOT), promote freedom of association for all workers, apart from members of the armed forces. However, some legislative measures are not in line with ILO Conventions 87 and 98.

The 2006 Regulation on the Organic Labour Act (LOT) introduced a number of improvements in the legislation and incorporated some of the observations and recommendations issued by the ILO, whilst introducing some restrictions on freedom of association. The improvements include the setting of the minimum wage based on social dialogue at the national level at least once a year. The Regulation also expressly stipulates that unions are free to conduct their elections based on their internal rules of procedure. A further innovation in the Regulation is the election of “labour directors” through referendums held by trade unions; these people become members of the management board in companies or other bodies. This is a requirement in the public sector and in those private companies that enjoy special protection from the State. Freedom of association is restricted by the stipulation in the Regulation that trade union referendums be held to establish the representativeness of trade union organisations in the event of negotiations or collective disputes. These referendums are regulated entirely by the People’s Power Ministry of Labour and Social Security (Minpptrass), and so they may also be seen as an indirect means by which the State, as the main employer, can regulate the unions and interfere in their affairs.

Right to strike: The inclusion of Articles 357 and 360 in the reform of the Penal Code is a further cause of concern. That reform penalises and undermines, through the application of penalties, the right to hold peaceful demonstrations and the right to strike and block a company’s production, both of which are frequently used to support workers’ demands. Similarly, the Special Law on People’s Defence against Monopolies, Speculation and Boycotts sets out limitations on workers’ protests and other forms of social mobilisation.

Interference in union affairs allowed by the Constitution: Under the pretext of guaranteeing fresh union elections at the end of each mandate, Article 95 of the Constitution requires union constitutions to make their leaders’ mandates non-renewable and subject to a universal, direct and secret ballot.

National Electoral Council (CNE): The role of the CNE is strengthened by Article 293 of the Constitution, which delegates the calling, organisation and supervision of trade union elections to that body, until such time as new laws are introduced.

Unions are ordered to submit their members’ identity: The Resolution adopted by the Minpptrass, which gives trade union organisations 30 days “to provide information on their administration and register of members in a form that includes each worker’s full identity, place of residence and signature”, is still in force.

Trade union rights in practice and violations in 2008

Background: There was no dialogue between the government and the trade unions, thus leaving workers with little or no say in the nationalisation of companies in the iron and steel and the cement sectors. Although approval of the new LOT was part of the constitutional reform promoted by the President of the Republic, Hugo Chávez, it has still not been approved after several years of discussion. The number of trade unions increased, but the proportion of workers covered by collective agreements continued to fall. Several trade union leaders were killed in the disputes between the different factions in the construction and oil industries. Rising inflation weakened purchasing power based on the cost of the basic food basket. Some 40% of workers are in the informal economy.

Freedom of association violated: Although the International Labour Conference in June withdrew Venezuela from the list of countries that most violated Conventions 87 and 98, there were several complaints in 2008 of government interference in freedom of association rights. According to the ILO’s Committee of Experts on the Application of Conventions and Recommendations (CEACR), the National Electoral Council (CNE) undermined trade union autonomy by granting itself powers over the organisation of internal elections. One case in point was the refusal of the National Pipelines Institute (INC) to recognise the representative status of the INC Workers and Mariners Union (Sutomin), on the grounds that the CNE still had to organise the union elections. At the same time, since the government has promoted trade union “parallelism” at every level, a prominent new national trade union centre, the Workers’ Bolivarian Socialist Force (FSBT), has been created as a counterweight to the trade unions that do not support the Minpptrass policies or who oppose the government.

Violence linked to the fight for jobs: A delicate issue for the labour world in Venezuela is the persistence of violent disputes over the right to work, which have cost the lives of at least 19 trade unionists and 10 other workers, according to figures from the Venezuela Education Programme for Action on Human Rights (Provea), a human rights NGO. The situation is particularly acute in the construction and oil industries, where various interest groups and mafias have clashed over the negotiation and sale of jobs, which is affecting trade union activity per se. Although there has been a fall in the number of murders linked to the fight over jobs in comparison with the previous year (from 48 to 29 for the period from October 2007 to September 2008), no investigations have yet been opened into the causes of and those responsible for these deaths. The High Level Negotiating Committee of workers’ and government representatives set up in 2007 to find solutions to this violence was abandoned without achieving any tangible results.

In January, Orlando Chirino, National Coordinator for the National Workers’ Union (UNT) and a member of the United Petroleum Workers’ National Union (Sinutrapetrol), was unfairly suspended from his job by Petróleos de Venezuela S.A. (PDVSA) for opposing government policies.

In March, workers from the steelworkers’ union SUTISS went on a 48-hour strike in protest at delays in collective bargaining at the Orinoco Iron and Steel Company (Sidor), after the High Level Negotiating Committee’s work was suspended. Fifty-three trade unionists were arrested during confrontations with the police.

In April, Armando Guerra, a trade unionist from Hidrocapital, was dismissed in retaliation for demanding better working conditions and recognition of the trade union by the company.

In December, four trade union leaders, Richard Gallardo, José Requena, Luis Hernández and Simón Caldera, were murdered in Aragua state. They were gunned down as they left the premises of the Colombian-owned Alpina company. The killing happened during a dispute with the company’s owners over violations of the collective agreement.

Social dialogue: Social dialogue between the public authorities and the trade unions has been undermined by trade union “parallelism”. The number of trade unions has grown, but the number of workers covered by collective agreements has fallen. One result of this situation was that the government decided unilaterally on an increase in the minimum wage without negotiating with the trade unions.

Right to strike: On at least 70 occasions, articles 357 and 360 of the Penal Code and article 56 of the Organic Security Law that penalise the right to strike and to hold peaceful demonstrations have been used. Several organisations have expressed their concern at statements made by the Miranda State Public Prosecutor, Omaira Camacho, who threatened to take legal action against teaching unions that continued to disrupt teachers’ work to add pressure to the demands by the Teaching Workers’ Union Sitraenseñanza and the Miranda State Education Workers’ Union Sireem for compliance with the article in the collective agreement that stipulates that teachers have the right to a retirement pension after 20 years’ service.

Collective bargaining: There was an increase in the number of collective agreements submitted to the Labour Inspectorate in 2008, reflecting an increase in workers’ demands and in recognition of their rights. Despite this, however, the number of workers covered by collective bargaining fell significantly in relation to previous years, mainly because the collective bargaining process was not conducted at national level. There were repeated delays in collective bargaining in the public sector, as well as an absence of social dialogue and tripartite meetings. The National Federation of Public Sector Workers (Fetrasep) repeatedly asked the Labour Ministry to resume the collective bargaining process (their collective agreement had expired four years ago). According to Provea’s annual report, approximately 243 public sector collective agreements had not been signed, affecting over 1.5 million civil servants, public sector workers and their families.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cabf2&skip=0&coi=VEN&querysi=trade&searchin=title&display=10&sort=date