Hintergrund: Solidarity asked – Srilankan unions under pressure for involvement in US-Government’s review on GSP+ (engl.)

Die Sri Lanka – GSP+ – Abkommen einerseits der EU, andererseits der USA stehen von zwei Seiten auf dem Prüfstand: Während die EU ihr GSP+ – Abkommen im Blick auf die allgemeine Menschenrechtslage suspendieren wird, prüft die US-Regierung eine mögliche Suspension im Hinblick auf Verletzungen der Rechte der Arbeiter_innen vor allem der Textilindustrie. Anlass dazu ist eine entsprechende Petition des amerikanischen Gewerkschaftsbundes AFL-CIO, der dabei in Vertretung von sieben srilankischen Gewerkschaften handelt. Da sich  die Free Trade Zone and General Services Employees Union (FTZ&GSEU) und ihr Sekretär Anton Marcus dabei besonders engagieren und deshalb in den Fokus der srilankischen Regierung geraten ist, dokumentieren wir hier 1.) ein kurzes Schreiben Marcus’, 2.) den Artikel des Daily Mirror, auf den er sich unmittelbar bezieht sowie 3.) eine Presseerklärung der srilankischen Trade Union Confederation (TUC) vom 1. Juli 2010.

1.)

Free Trade Zone and General Services Employees Union

FTZ&GSEU

Joint Secretary

Dear all,

 You must have been closely watched the latest development in Sri Lanka in relation to GSP benefits scheme both EU & USA. As you know EU has decided to suspend the GSP + benefits from 15th August 2010 and as a result of intransigent attitude of the Sri Lankan Government. In the mean time USA Government has decided to review the petition submitted by the AFL-CIO on behalf of the 7 independent unions including our union on labor rights violation.

During the review the United States Trade Representatives and the U.S departments of labor visit to Sri Lanka in July to discuss labor issue with the Government, Unions & employers. In August there will be a public hearing in the United States on Labor issues in Sri Lanka and the Government of Sri Lanka will be invited to attend along with the labor representative.

Our union is playing a key role in this process and we will be meeting the delegates who will come from USA on 2nd August 2010 & the investigators will visit to our Biyagama FTZ zonal office on 3rd August 2010 to meet the workers who are the victims of the labor rights violations. As usual the government & the employers criticize our union bitterly. As a union we are continuously fighting for the workers rights and determine to face the challenges and we are confidence that you all are continuously support us with solidarity. We will keep you inform further development.

Thanks,

Yours in Solidarity
Anton Marcus
Joint Secretary
FTZ&GSEU

2.)

Daily Mirror, Monday, August 2nd.

Lanka to reply US. By Sandun A. Jayasekera

The External Affairs Ministry, Trade and Commerce Ministry and the Labour Ministry are collectively preparing a reply to a petition handed over to the US government by a US trade union alleging labour rights violations in Sri Lanka.

The State Department has reportedly initiated action against Sri Lanka following a petition by America Free Labour Council of Industrial Organizations (AFL-CIO) after Free Trade Zone Workers Union (FTZWU) lodged a complaint with the AFL-CIO. The matter has serious implications since it could put the US GSP concessions to Sri Lanka in jeopardy.

The President of the FTZWU Anton D. Marcus told Daily Mirror that the complaint deals with the serious and deliberate violation of labour rights by the government with a special mention on the blockade for collective bargaining and right to association within the Free Trade Zone in particular.

The complaint has reportedly highlighted the collapsed trade union action by teachers and port employees after the Supreme Court dismissed the FR petition filed by them.

“A three member team is due in Sri Lanka on July 31 from the US state Department for a fact finding mission and expected to talk to Trade Unions, the Government and Employers,. There will be a public hearing at the State Department in Washington after their return,” Mr. Marcus said.

Minister Lokuge charged that the FTZWU is in a mission funded by NGOs to tarnish the image of Sri Lanka and harm the industry. He said at the AFL-CIO ignored the complaint lodged in 2008 by the FTZWU but Mr. Marcus raised the issue once again in 2009 compelling the State Department for action.

http://www.dailymirror.lk/index.php/news/5298-lanka-to-reply-to-us.html

TRADE UNION CONFEDERATION (TUC)

PRESS RELEASE: STOP LABOUR RIGHTS VIOLATIONS IN THE APPAREL SECTOR AND COMPLY WITH ILO STANDARDS TO PROTECT US GSP

 The US government has accepted a petition to review the US GSP status enjoyed by Sri Lanka. The American Federation of Labour and Congress of Industrial Organisations (AFL-CIO) filed the petition. Sri Lanka is now at the brink of losing both EU and US GSP regimes. The Republic of Maldives lost its US GSP due to such complaints at the beginning of this millennium.

The TUC wishes to state that the US GSP complaint accepted this week by the US government is a direct result of poor labour conditions and non-compliance with international labour standards of the ILO especially by the apparel sector employers and the government of Sri Lanka. It draws attention to poor enforcement of labour laws in Export Processing Zones and the apparel sector, restrictions to form union federations consisting of public-private sectors, etc..

The AFL-CIO submitted the complaint to the US government as all efforts of local unions to address issues with Sri Lankan labour authorities failed despite repeated attempts. The complaint could have been avoided if local labour authorities discharged their duties effectively and impartially. The AFL-CIO complaint is inundated with solid and verifiable evidence relating to a plethora of violations of labour standards i.e. restrictions on freedom of association and collective bargaining, anti-union discrimination, sever exploitation, non enforcement of labour laws impartially etc.. in theSri Lankan apparel sector.

It is no more possible to sweep these issues under the carpet or cover them with expensive fake PR campaigns such as “garments without guilt”. The pathetic labour situation in the apparel sector is now an open secret. All cases against Sri Lanka, of the last two decades before the ILO quasijudicial body based in Geneva, are exclusively on the Sri Lankan apparel sector or involving apparel sector organisations. These international body findings have exposed the violations ofrights and exploitations in the apparel industry. It is shocking to note that some of Sri Lanka’s top apparel exporting companies stand accused of serious workers’ rights violations in the complaint.

The complaint exposes the duplicity of these apparel conglomerates. A key factor raised in the AFL-CIO complaint is Sri Lanka’s non-compliance with the recommendations of the ILO quasi-judicial body’s decision on the restriction of the right to strike. This issue was sparked before the Geneva based ILO body due to irresponsible actions of an apparel sector organisation in 2006. The ILO held the joint apparel body’s court intervention was a violation of international labour standards. These developments cast serious doubts on the fake “garments without guilt” campaign.

The TUC notes, the US government prior to accepting the AFL-CIO complaint held extensive highlevel consultations with government representatives, trade unions and apparel sector employer organisations over the last 18 months. Therefore, the decision to conduct the review is not ad hoc. It’s based on credible and verifiable evidence presented. The TUC considers that the time has now come for all stakeholders in the labour sector to accept

facts as they are and engage them with a view to positively improve realistic ground situations. The TUC strongly urges all apparel sector employers to recognise trade unions, stop anti-union discriminations and respect ILO principles on Freedom of Association and Collective Bargaining. The TUC strongly believes that as a nation we can overcome the challenge of the AFL-CIO petition only if employers, trade unions and the government are committed to work together and present a joint position before the US authorities. There ought to be a constructive dialogue on the issues raised in the petition among the relevant stakeholders and consensus needs to be reached with a view to making positive and progressive changes in the workers’ rights situation. The TUC is willing to support Sri Lanka’s position in such an event before the US government. The TUC hopes the government will accept the support offered by it to overcome the current situation arising from the US GSP review. Therefore, the TUC urges the government to begin immediately a genuine and constructive process of engagement of relevant issues in order to put things in order and save the US GSP.

 COLOMBO, 01 JULY 2010

TRADE UNION CONFEDERATION (TUC)