International Centre for Trade Union Rights

ICTUR IN ACTION: INTERVENTIONSSource: International Union Rights, Vol. 13, No. 1, Labour rights are human rights: Unionsmarch for justice (2006), pp. 14-15Published by: International Centre for Trade Union RightsStable URL: http://www.jstor.org/stable/41937399 .

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ICTUR IN ACTION O INTERVENTIONS

Cambodia IN LATE 2005 a series of attempts were made to arrest and lay charges against trade union leaders in Cambodia who had made statements that were critical of the government. Rong Chun, President of the Cambodian Independent Teachers' Association, was arrested on 14 October and held in detention facing criminal charges of defamation and incitement after making statements critical of Cambodian government policies. Arrest warrants were also issued for Chea Mony, President of the Cambodian trade union centre FTUWKC, and Man Nath, President of the Cambodian Independent Civil Servants' Association on the same grounds.

ICTUR wrote to the Cambodian authorities calling for the trade unionists and other human rights defenders to be released immediately or provided with access to legal counsel, and for the outstanding arrest warrants to be withdrawn. ■ In January Rong Chun and three other human rights defenders were released by order of the Prime Minister Hun Sen. However, charges against the trade unionists were not dropped and human rights groups are concerned that the group may still face a criminal trial.

Colombia THE SERIOUS threat to trade unionists in Colombia continued. ICTUR's full time monitoring programme on labour rights violations has been temporarily suspended while the organisation works to build a Trade Union Rights Unit in Bogotá (see page 20). However, during the past two months, ICTUR filed protest letters with the Colombian authorities in response to five cases: ■ On 2 January, Carlos Arciniegas Niño, a local leader of the agricultural workers' union SINTRAINAGRO, was found dead in Barrancabermeja, his body showing signs of torture. ■ Fernando Ramirez González, a member of the

Executive Board of the mining union SINTRAMINERCOL - FENASINTRAP and of the Claims Committee of FUNTRAENERGÉTICA, was dismissed from his employment in breach of Colombian labour law that protects the employment of trade union representatives. ■ On 4 February, Plutarco Vargas Roldan, a member of the Bogotá section of the SINALTRAINAL trade union at the Coca-Cola bottling plant received a death threat against his family. ■ On 23 February Guillermo Zemanate Bermeo, a local leader of an education trade union in the Cauca region was found dead, having being kidnapped and assassinated by unknown assailants. ■ During February, threats were made against leaders of the FENSUAGRO agricultural workers' union in the Cauca region.

In response to these cases, ICTUR's staff lawyers drafted protest letters that were lodged with the Colombia authorities. During 2006, thanks to a grant provided by LO-Norway, ICTUR will produce three further editions of its Bulletin on trade union rights violations in Colombia. These reports will be reproduced in IUR. For more information about ICTUR's future work on Colombia, see page 20.

Greece THE PRESIDENT of the GSEE trade union confederation Christos Polyzogopoulos was seriously assaulted on the evening of 31 January. Mr Polyzogopoulos and Professor Robolis, the Director of the union's research institute, were pulled from their car in downtown Athens after being stopped by a gang of around 20 people. The trade unionists were then subjected to a savage beating by the gang, who then fled. Mr Polyzogopoulos received serious injuries during the assault.

ICTUR has called upon the authorities to launch a full inquiry into the assault. ICTUR reminded the authorities that trade union rights are protected under the fundamental

instruments of international human rights law, including the Conventions of the International labour Organisation and the European Convention on Human Rights.

India HUNDREDS of workers were arrested and temporarily detained in Bidadi district, Bangalore, over the weekend of 21/22 January following a 13-day labour dispute at the Toyota-Kirloskar Limited plant.

ICTUR has written to the authorities calling for an investigation into this case and appropriate actions to protect the rights of trade unionists to organise and to carry out trade union activities in defence of their interests. ICTUR noted that India is required to respect trade union rights under the terms of the International Labour Organisation's Declaration of Fundamental Principles.

Indonesia A SERIES of anti-union actions continued throughout 2005 against the FSPM TG trade union at the Gunung Madu Plantation in Central Lampung, Sumatra.

Daud Sukamto, President of the newly formed FSPM TG union, was suspended from his post in March and then dismissed in June.

In September a number of written statements were issued that criticised or condemned the trade union and the international foodworkers' federation IUF. The IUF reported that one of these letters threatened physical attacks against trade unionists.

In October the local Manpower Ministry challenged the status of the union, which was forced to re-register in an arbitrary bureaucratic process. Since October Legimin, the FSPM TG General Secretary, has been followed by two unknown men in a car.

In November representatives of the Manpower Ministry met with IUF officers in Geneva and reportedly declared that they

would not take any action to investigate the threats against the trade unionists.

ICTUR has called for the authorities to launch an investigation into this matter and to ensure that appropriate levels of protection are made available to the trade unionists concerned. ICTUR is concerned that the dismissal of Daud Sukamto was approved by the local Manpower Ministry when the grounds for his dismissal were clearly trade union activities. ICTUR called for an end to the ongoing campaign of anti-union action at the Gunung Madu Plantation.

Iran LEADERS and activists of the Tehran Public Bus Company Trade Union were arrested on 22 and 23 December. The union's bank accounts were also frozen and the union's offices were seized by the state. Many of those arrested were released on 28 December. However, the union's leader Mr Mansoor Osanlou and a number of his colleagues remained in detention, reportedly in a high security prison.

The following month tensions escalated as the union demanded the release of their leader. On 26 January Tehran Mayor Ghalibaf declared the union to be an illegal organisation and threatened to confront the workers' strike with force. On 27 January initial reports identified six leaders and activists who were arrested, with later reports stating that the wives of four trade union leaders were later arrested in the early hours of 28 January. Further reports made clear that in fact many hundreds of workers had been arrested and taken to Evin Prison. Amnesty International believes that as many as 500 union members were taken into detention at Evin 'solely on account of their peaceful activities as trade unionists'.

ICTUR has written to call upon the authorities to release the detained leaders immediately, or at the very least to ensure that they are provided with access to legal

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ICTUR IN ACTION □ INTERVENTIONS

counsel. ICTUR further called upon the authorities to return the union's assets, and to cease the repression of trade union rights, of which these incidents are only the most recent symptom.

ICTUR questioned the basis for these actions in law and insisted that Iran must respect trade union rights as a matter of international law, citing in particular the Universal Declaration of Human Rights and the ILO Declaration of Fundamental Principles which requires that Iran, as a member of that organisation, must respect the principles of freedom of association.

The establishment of the Tehran Public Bus Company Trade Union was welcomed at the 21st Session of the ICTUR Administrative Council in Geneva, June 2005. The Council committed itself to support the efforts of Iranian workers to establish free and independent unions in accordance with the principles in ILO Conventions 87 and 98.

Ireland IN NOVEMBER 2005 Joanne Delaney, a shop steward with the Mandate trade union, was dismissed from a local branch of the Dunnes Stores supermarket, apparently in retaliation for wearing her union badge on her uniform.

Ms Delaney is an elected trade union representative, with four years service at the Ashleaf store in Crumlin, Ďublin. Prior to the sacking, Dunnes stores refused to attend a meeting with Ms Delaney because she was accompanied by her local union organiser.

ICTUR has written to the management of Dunnes Stores drawing attention to the protected status of trade union rights under international and European human rights law. ICTUR cited the articles of international law that prohibit anti-union discrimination, and called for Dunnes to secure the immediate reinstatement of

Ms Delaney. ■ The campaign was evidently successful as Joanne resumed work in Dunnes Stores on Monday 27 February, complete with union badge. Due credit must go to the Labourstart website, www.labourstart.org, which provided a space for trade unionists from around the world to register their support for Joanne by sending email protest messages.

Liberia LIBERIAN AUTHORITIES have attempted to interfere with the internal affairs of the Liberian Federation of Labour Unions. A letter dated 21 September 2005 from the Ministry of Labour purported to declare the position of LFLU General Secretary to be 'vacant'. The Ministry alleged that either the LFLU or its General Secretary G Isaac Williams had acted unlawfully when Mr Williams stood as a candidate in the recent Presidential elections. According to the ICFTU, the LFLU did not actively support Mr Williams' candidature and therefore did not breach Liberian constitutional law.

ICTUR wrote to Liberian President to remind the authorities that intervention in the internal affairs of a trade union is in breach of the principles of freedom of association. ICTUR noted that ILO Convention 87 has been ratified by Liberia.

Mexico ON 29 DECEMBER, Martin Barrios Hernández, President of the Mexican Human and Labour Rights Commission of the Tehuacon Valley, was arrested by state police and transferred to the state capital and held in detention. Barrios was accused of blackmail, based on the charges filed by a maquila factory owner. Numerous internationally respected human rights groups agreed that Barrios 's only involvement with the factory had been representing 163 workers who had been unjustly fired.

ICTUR wrote to the state governor and the President of Mexico calling for Barrios to be released immediately

ICTUR cited the strong support Barrios enjoyed among respected human rights organisations, and argued that the charges were being brought against Barrios in retaliation for his labour rights advocacy. ■ Martin Barrios was held for two weeks, but was released shortly after ICTUR and other human rights organisations lodged protests. However, on 12 February Barrios received two warnings that someone had been hired to kill him.

ICTUR wrote to the state and federal authorities calling for them to guarantee the physical security of Martin Barrios Hernández and to launch a swift and effective investigation into the death threats issued against him.

Nepal MUKUNDA NEUPANE, Chair of GEFONT, and Binod Shrestha, General Secretary of GEFONT, were arrested on 19 January and given detention orders of 90 days. ICTUR is further informed that police raided and searched the GEFONT offices and cut a telephone line, and carried out a similar raid of the NTUC offices. ■ On international human rights day 12 December 2005, a demonstration in Kathmandu Ratna Park was forcibly dispersed. Water canons and physical force were used to evict 130 activists, including representatives of Nepalese trade unions who were protesting to demand freedom of speech and assembly.

ICTUR has written to the King of Nepal to emphasise 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 immediate release of the trade union leaders and for an end to measures that interfere with trade unionists' rights to conduct their activities in freedom from state interference.

ICTUR noted that in conflict zones throughout the world trade unions have proved to be essential for the

development and implementation of sustainable and peaceful resolutions.

Philippines THE TRADE UNION leader Rafael Tarroza, KMU chair for the Eastern Visayas region, was kidnapped and held in detention on 8 January. The union leader has claimed that those responsible for the kidnapping were members of the armed forces, and that his ordeal included a lengthy interrogation.

ICTUR has written to call for the authorities to launch an investigation into the kidnapping and to ensure that those responsible are identified and brought to justice. ICTUR reminded the authorities that trade unionists must be protected under international law.

Zimbabwe ARMED POLICE carried out an armed raid against the offices of the Zimbabwe Congress of Trade Unions on 10 January. During the raid, computer disks and files were seized by the police, purportedly as evidence forming part of an investigation.

The ongoing climate of repression against trade unionists in Zimbabwe has included numerous instances of raids and arrests against trade unionists.

ICTUR has written to the authorities questioning the aims and objectives of the investigation. ICTUR reminded the authorities that interference with the property of a trade union is a violation of the rights to freedom of association. ICTUR noted that these principles are protected under ILO Convention 87, which has been ratified by Zimbabwe, and similarly under the African Charter of 1981. ICTUR called on the authorities to return the confiscated property and to compensate the ZCTU for any loss caused by the actions of the police.

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