Annual Survey of violations of trade union rights 2012 - ITUC

Since January 2012

Sylvie de Ryck — 2012-09-07T11:40:00Z

In the course of 2011, the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL), together with the Swaziland National Association of Teachers (SNAT), undertook to merge into one unified, strong national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. : the Trade Union Congress of Swaziland (TUCOSWA). This new organisation, with an estimated membership of 50.000, held its first congress on 9-11 March 2012. The federation was registered and duly issued with a certificate on 25 January 2012. The Labour Commissioner subsequently withdrew the certificate she issued, however, arguing that there are no provisions in Swazi law that regulate the merging of different trade union organisations into a federation, and that the law had therefore to be amended before TUCOSWA could be registered (sic).

A range of civil society organisations, including the trade unions, undertook to announce correctly and well in advance their protest actions on the occasion of 12 April 2012, the 39^th anniversary of Swaziland's state of emergency. The Swazi authorities, however, appeared firmly bent on blocking any free expression of public dissent. Swazi security forces blocked marches on 11 and 12 April and stopped a prayer meeting on Saturday 14 April, imposing a ban on gatherings of more than two people. The authorities also proceeded to arrest trade union leaders or otherwise prevent them from joining the protests. Trade Union Congress of Swaziland (TUCOSWA) First Deputy President Sipho Kunene and Second Deputy General Secretary Muzi Mhlanga were both arrested and later released. Wonder Mkhonza, Deputy General Secretary of the Swaziland Processing, Refining and Allied Workers' Union, was arrested and detained by the Nhlangano police as he was on his way to meet workers at the Nhlangano offices of the Conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation , Mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation and Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party's recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation Commission. After Mr Mkhonza was released, he was ordered to remain in Nhlangano and not to set foot in Manzini or Mbabane, despite the fact that his union's headquarters are located in Mbabane. He was told not to go to Mbabane “until further notice”. The same orders were issued to Emmanuel Dlamini, Recording Secretary of the Swaziland National Association of Teachers (SNAT), and to Sidumo Dlamini, Chairperson of the SNAT's Elections' Committee. Meanwhile, armed forces were holding road blocks and harassing anyone wearing a union T-shirt in all roads leading to Mbabane and Manzini.

On 1 May 2012, the government deployed armed police to hold roadblocks on all the main roads leading to Manzini, intimidating workers who were wearing TUCOSWA t-shirts and ordering that they return to get “dressed properly”. Buses ferrying workers from regions outside Manzini were stopped and turned back at police roadblocks on very dubious claims ranging from un-roadworthiness to unaccepted variation permits. The police maintained a heavy intimidatory presence in every corner of the sports ground where May day celebrations were taking place. It brutally confiscated ten TUCOSWA banners, which led to a scuffle that resulted in the arrest of some activists and leaders, including TUCOSWA's second Deputy Secretary General Muzi Mhlanga, and the Hhohho Regional Chairperson of the National Public Servants and Allied Workers Union (NAPSAWU), Oscar Nkambule. The arrested comrades were harassed, assaulted and further detained by the police at the Manzini Regional police headquarters, and later released without further charges.

On Tuesday 15 May, Swazi police fired tear gas at bus drivers in the kingdom's commercial centre Manzini. Violence erupted as police tried to force bus drivers to move from the main Manzini station to a new satellite hub outside the city. Drivers returned to occupy the old station, and stoned police who tried to remove them. Police responded with tear gas and batons, chasing the drivers through the streets for several hours. The Swaziland Transport and Allied Workers Union (STAWU) responded by calling for a nine-day national 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 from May 29, threatening to block all imports from neighbouring South Africa

In the run-up to the 101^st ILC, in June in Geneva, the Swazi government recognised a new and mysterious organisation by the name of Swaziland Economic Empowerment Workers Union as the body that should represent Swazi workers at 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 . It also tried to prevent the legitimate workers' representatives, ie TUCOSWA leadership, from attending it, and to replace them by so-called workers' representatives from the bogus organisation.

On Wednesday 11 July, actions by the National Public Service and Allied Workers' Union (NAPSAWU), the Swaziland Transport and Allied Workers' Union (STAWU) and the Swaziland National Association of Teachers (SNAT) were met with disproportionate violence, including the use of tear gas canisters, batons and rubber bullets. NAPSAWU President Quinton Dlamini was arrested while he was on his way to support the industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. taken by the SNAT. They were demanding a 4.5% salary increase, which is way below Swaziland's inflation rate, and the withdrawal of the newly-established 14% VAT on a number of commodities.

NAPSAWU had, together with the Swaziland Democratic Nurses Union, organised a gathering at Coronation Park in Mbabane on 11 July. The police broke up this peaceful meeting with excessive violence, using batons, tear gas and even rubber bullets to disperse its 500 participants. Eight people were shot, and five were seriously beaten up. In total, twelve people needed to be hospitalised. In spite of this excessive repression, NAPSAWU managed to mobilise workers to subsequently deliver a petition to the Public Service Principal Secretary, Ms. Sibongile Mazibuko, who upon receiving it expressed her sympathy with those who had been injured. Furthermore, the Swazi police arrested NAPSAWU President Quinton Dlamini while he was on his way to support the industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. taken by the teachers' union, in their outspoken support of their trade union colleagues' actions.

Government lacks understanding of Freedom of Association

Sylvie de Ryck — 2012-09-07T11:35:58Z

In response to a request from the government, 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 commented on the government's objection to the relations between trade unions and political parties. The report from the High Level Mission to Swaziland points out clearly that “according to 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 jurisprudence, it is a legitimate exercise of 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 for a trade union or a trade union federation to form an alliance with a political party. By parity of reasoning, it is a legitimate exercise of 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 for a trade union to demand that political parties be recognised.”

PDF version

Alex Gomes — 2012-06-01T10:15:20Z


ITUC Survey 2012

Statistics

Alex Gomes — 2012-05-03T11:51:50Z

You will find statistics for all countries here. - stats / 2012

New translation: Legal Summary Switzerland

Sara Hammerton — 2012-04-26T21:41:43Z

Basic trade union rights are secured in law, but are not without limitations. The Federal Constitution explicitly recognises the right of workers to form and join unions. Although union representatives enjoy a certain degree of protection against dismissal, the Federal Court has confirmed that employers have considerable leeway due to the notion of redundancies “for economic reasons”, and reinstatement is not possible. However, a bill submitted for consultation in 2010 would increase the penalty for unfair dismissal and improve protection of elected workers' representatives against layoffs. The government has not yet decided whether or not to put the bill before Parliament for approval.

The right to 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 is limited, as all strikes must be connected to industrial relations industrial relations The individual and collective relations and dealings between workers and employers at the workplace, as well as the institutional interaction between unions, employers and also the government.

See social dialogue to be legal. The government can limit or prohibit strikes if they affect state security, external relations or the provision of vital goods and services, however there are no compensatory dispute resolution mechanisms for the workers affected. Furthermore, if 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 is declared illegal, workers can be summarily dismissed and liable to pay compensation, as well as damages. Penal sanctions may also be applied. Finally, the semi-canton of Nidwald and the canton of Fribourg have introduced laws that ban strikes for the cantons' staff.

ITUC Survey 2011 updated (only last sentence of the first paragraph was modified) by USS January 2012

Trade union rights in law: Tunisia

Sara Hammerton — 2012-04-26T21:33:03Z

A decree dated 25 May concerning the regulations governing the internal security forces allows police officers to engage in trade union activity outside of work.

http://www.kalima-tunisie.info/fr/N...

New translation: legal résumé

Sara Hammerton — 2012-04-26T21:27:30Z

Although basic trade union rights are guaranteed in the law, excessive restrictions are still in place. To obtain legal 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. , unions must deposit their statutes with the competent authorities, or face a fine or prosecution. Workers have the right to bargain collectively, with the exception of merchant shipping employees.

Although the right to 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 is recognised in both the public and private sectors, it is marred with restrictions, including a requirement to announce the length of 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 advance. The government also has the right to declare 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 illegal on specific grounds such as a threat to social peace and order, and can requisition requisition To issue back-to-work orders. civil servants in the event of 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 .

On 1^st October a new law came into force extending the ban on the right to 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 for military personnel and police officers to customs officers and water and forestry workers.

Background Kenya

Sara Hammerton — 2012-04-26T07:26:31Z

Six high-ranking officials, including a deputy prime minister, two ministers and a police chief, appeared before the International Criminal Court in The Hague in April, accused of possible crimes against humanity in relation to the 2007-8 post-election violence. There was anger among workers in May when the government announced a 12.5% increase in the minimum wage, far short of union demands for a 60% increase in face of sharp rises in the cost of living. In November the country witnessed a wave of 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 actions by workers in key sectors, namely the Kenya Power and Lighting Company, Kenya Civil Aviation Authority, Kenyatta National Hospital Staff and University teaching and non-teaching staff. By the end of the year inflation was running at 19.72%.

UN News Service – by e-mail to ITUC http://www.bbc.co.uk/news/world-afr... http://www.nation.co.ke/News/-/1056... http://kbc.co.ke/news.asp?nid=73491 http://www.businessdailyafrica.com/...

Forced labour

Sara Hammerton — 2012-04-24T15:12:30Z

At the beginning of 2011, at the shop “Sam's Club” in Mexico State, a worker about 60 years old was carrying out his work, checking customers' membership I.D. One of the customers could see that something was wrong and asked what it was. The worker pointed to his belt, showing that he was tied up, saying “they have me tethered like a dog”. He had been tied up so that he could not leave his work station. The customer demanded that the manager release the worker, warning that it was a violation (...) - 4. Violations / Mexico, 3. Private employer, 04. Worker, 8. Forced labour and trafficking, 2012

Deaths of 65 workers remain unsolved

Sara Hammerton — 2012-04-24T15:09:09Z

An explosion at the Pasta de Conchos coal mine, owned by Grupo México, on 19 February 2006, killed 65 miners. Nearly five years later, the bodies of 63 of the 65 who died remain buried in the mine and the Government of Mexico has done nothing to investigate the accident or prosecute those responsible. By contrast, it has stepped up its attacks against the Mineworkers Union of Mexico, which is still demanding justice for the industrial homicide committed at Pasta de Conchos and the (...) - 4. Violations / Mexico, 2. Update, 1. State as public authority, 01. TU organisation, 07. Act to undermine or deregister a TU, 2012