Sri Lanka - 2012

The government ended the State of Emergency that had been in force for nearly 30 years, but the legislation and other measures still give the police excessive powers of detention. Thousands of people are still being held without trial, often for years. Human rights activists who denounce the violations committed during and after the civil war continue to be the victims of assassinations, threats, attacks or long prison sentences. Power is being concentrated more and more in the hands of the friends and family of Presidet Rajapaksa. Sri Lanka has one of the worst records in the world for violating freedom of the press.

Public sector trade union federations tolerated: Although the law prohibits federations of public sector trade unions, there are a few such federations operating openly such as the Public Service National Trade Union Federation (PSNTUF) and the Ceylon Trade Union Federation (CTUF). These federations do not engage in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, however, as they are not legally recognised as trade unions.

EPZs - A long tradition of anti-unionism: Export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s) are managed by the Board of Investment (BOI), which sets wages and working conditions. In many cases, union members or officials are suspended, demoted or dismissed. In addition, new workers, often women, are warned not to join unions. Union activists not employed by one of the firms operating in an EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. are not allowed to access the zone unless their entry is expressly authorised by the employer. This ban is one of the main barriers to organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s.

Derisory fines: The maximum fine for employers found guilty of anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

is 20,000 rupees (around USD 174), which is far too little to be dissuasive.

Poor enforcement of legislation on union recognition:

The recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of unions for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
purposes is hindered by excessive delays. Employers try to delay the holding of union elections for as long as possible and use this time to identify, victimise and, very often, fire the union activists concerned. As a result, workers generally refrain from voting, for fear of being identified, and the union fails to secure the number of votes required for it to be recognised. Employers go as far as to change their staffing figures to ensure the 40% representation target (deemed excessive by the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights ) is even harder to reach.

Where an employer refuses to recognise a union for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
purposes, the union can complain to the Commissioner General of Labour, who organises a referendum at the workplace. There is generally a very long wait, however, before such a referendum is actually held.

Unions denied access to Magistrates’ Courts: There are many cases of anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

. As with other unfair labour practices, such cases are heard by the Magistrates’ Court, but only the Commissioner General of Labour can file a complaint with it. Trade unions can try to obtain a summons from a higher court, but this is a long and costly procedure. In the absence of a maximum deadline for bringing cases before the Magistrates’ Court as of the moment a union reports a violation, the legislation on unfair labour practices serves little real purpose. The Commissioner General of Labour has only filed two cases since 1999.

Poor rights enforcement in export processing zones: Labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. is clearly inadequate in the Export Processing Zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s), as government inspectors are not allowed to carry out unannounced visits to EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. factories. In addition, when complaints are received by the competent government body, employers rarely turn up to the hearings, and, when they do so, they often flout the rulings with impunity. The government has proved incapable of enforcing these rulings.

Employees’ Councils:

Employees’ Councils are promoted by the Board of Investment (BIO) as a substitute for trade unions in the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s). Employees’ councils are, however, structures funded by and functioning under the aegis of the employer and can influence workers’ choices much more easily than a union (where the workers elect their leaders and can act independently as the organisation is financed by the dues paid by its members). In some cases, management refuses to recognise an emerging trade union and will “negotiate” directly with the Employees’ Council as if it were the workers’ legitimate representative body. In other cases, it will offer employee council members certain advantages if they do not join a union and threaten them if they do.

A study by the ITGLWF (International Textile, Garment And Leather Workers Federation) in the export processing zones found that at least six factories in the zones banned all union representation and did not even respect the BOI guidelines on creating employees councils.

Harassment of trade union activists by Bratex:

The Bratex (pvt) Ltd. women’s underwear factory, in the Katunayake export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. has sought in several ways to intimidate trade union activists from the Free Trade Zones and General Services Employees’ Union (FTZ&GSEU).

On 11 February a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike began at the factory over pay demands. On 14 February two workers, Amal Santha and U.W. Gayan Pradeep Kumara, were accused of attacking Bratex staff. They were arrested and detained by the Katunayake police. That evening, as the workers were gathering outside the police station to demand the release of their two colleagues, police officers attacked them and arrested three more people: Asela Dharmapriya, the FTZ&GSEU representative in the Katunayake zone, Asoka Basnayake, a union member, and M. Prasad, a photographer. The latter was released after his photographs were deleted from his camera. The others were released on bail on 18 February.

From 14 February onwards, striking workers were subjected to various forms of intimidation to force them back to work, including sending police officers to their homes in cars supplied by Bratex. During the visits, the police had with them a list of 10 men workers and 10 women workers suspended by Bratex. These 20 people were members or representatives of the FTZ&GSEU. They were questioned by the police, then released on bail.

On 17 February, 33 workers affiliated to the FTZ&GSEU (including the 20 people sought by police a few days earlier) received a letter saying they were suspended on disciplinary grounds. Bratex put up their photographs at the entrance to the Katunyake zone, effectively blacklisting them. Their photographs were also sent to the zone’s police.

Nurses union lodges complaint with ILO: The Government Nursing Officers Association (GNOA) , the Health Services Trade Union Alliance (HSTUA), and the Trade Union Confederation (TUC) lodged a complaint with the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Committee on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework . The complaint concerned the intimidation of nursing staff who had taken part in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in 2010 (see the 2011 edition of the Survey), the transfer of 34 GNOA activists to distant hospitals to prevent them from taking part, and the authorities’ refusal release from duty the president of the GNOA, Saman Rathnapriya. He was refused release from duties at the beginning of the year, even though he had been granted it for the previous four years. The unions considered this to be an act of reprisal against the union president for his role in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .

One person killed and hundreds injured when police fire into crowd of workers: A coalition of 26 trade unions was formed to oppose the introduction of a pension fund bill, designed to meet one of the conditions set by the International Monetary Fund for a loan of 2.6 billion dollars to Sri Lanka. On 24 May tens of thousands of workers marched through the streets of Colombo and in the Katunayake export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. to protest against the bill. On 29 May, people linked to the government distributed false leaflets in the zone, claiming to be from the trade union coalition, calling for support for the bill. The following day the workers went out onto the streets in protest at this manipulation. The police used extreme violence to repress the demonstration, using automatic weapons and tear gas. A 22-year-old worker, Roshen Chanaka, was killed in the shooting which also left hundreds injured (including 15 police officers). The police then began to harass and intimidate union delegates and workers, by preventing them from leaving their factories for example and by attacking some workers as they left the zone. Women workers were humiliated by the police, and some were even struck with iron bars. Trade union offices were searched by the police, without a warrant. The police finally handed over security in the zone to the army. The head of the Sri Lankan police force resigned following this repression and two police officers were arrested. In the end the bill was withdrawn by the government.

Thugs attack teachers’ demonstration: On 6 July, in Kurunegala, a peaceful demonstration by members of the Ceylon Teacher Services Union (CTSU) was attacked by about 50 yobs wielding sticks. Fifteen teachers were injured. The union believes the thugs had close links with the government.

Unions not recognised:

Once a parent union is registered, the branch unions that subsequently form are not legally required to individually register themselves with the Department of Labour. Recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. of a union at the plant or branch level is achieved when the employer recognises and enters into collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
with the plant-level and the parent union. Several companies refused to recognise plant-level unions in 2011.

Tensil Structures Pvt., Ltd. rejected the FTZ-GSEU after they discovered the union formation. The company engaged the branch union, but refused to deduct union dues from worker paychecks and to remit the dues to the FTZ-GSEU, despite the branch union specifically requesting the deduction.

At Mirrai Pvt Ltd, management intimidated the unionised workers and internally transferred the President and Assistant Secretary of the branch union from the ironing section to the sewing section of the factory (a transfer viewed as retaliatory by the union) after they were notified of the formation of the branch union.

The Progress Union was not recognised at Kinetecs, DSL Toys, Sees Lanka, Upali Garments, Mazda Plastics, Melborne Metal, and CD Packing. The National Workers Congress was not recognised at United Tobacco Processing, Sky Fan Asia, Alitex, Dainin Lanka, Brandix, Sha Lanka, and Passion Trade.

Despite the repeated failure of these companies to recognise plant and branch level unions, the government brought only two unfair labour practice cases before the Magistrate’s Court. Both cases failed.

Employees councils used to frustrate unions:

Employees’ councils are being promoted inside the Export Processing Zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) as an alternative to union recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. . Management-controlled employees’ councils are staffed by supervisors and office-based workers, and management sets the agendas for meetings and limits discussion of issues. The use of employees’ councils to subvert the will of workers to form a union is a violation of the right to organise and bargain collectively. A number of companies are promoting employees’ councils where a union is trying to register and is being unrecognised.

Mirrai Pvt., Ltd. instructed the branch union of FTZ-GSEU to go through the employees’ council of the factory. Brandix continues to promote the employees’ council in the Koggala EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. even though the National Workers Congress is attempting to gain recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. . In addition, several companies are promoting employees’ councils where unions are registered: Mag Pack (Pvt) Ltd. instructed the branch union of FTZ-GSEU to go through the employees’ council of the factory after the branch union requested an appointment from management to discuss demands. DSL Lanka is trying to undermine Progress Union’s plant-level union by establishing an employees’ council. Finally, Ranmalu, Suluta, Koggala Garment, Trandsetter, Sky Sport, I.C.L., and Brooky Diamond are promoting employees’ councils as an alternative to the branch level National Workers Congress unions.