Tuesday, July 15, 2008

Support Migrant Workers Freedom of Association and MTU [kctupower]

Dear Friends and Allies,

Please show your support for the Migrants Trade Union and the right of migrant workers in South Korea to form and join trade unions. Send a statement expressing support for MTU’s right to freedom of association to the South Korean Supreme Court.

The Seoul-Gyeonggi-Incheon Migrants Trade Union (MTU), an affiliated of the Korean Confederation of Trade unions, was formed in 2005 as a union for and by migrant workers regardless of visa status. We seek to improve working conditions, stop the crackdown against undocumented migrant workers and win migrant workers’ human and labor rights.

Since we were found the government of South Korea has sought to stop our activities, refusing to acknowledge our legal union status and targeting our leadership for arrest and deportation. This repression has grown even stronger in recent months. MTU’s second president, vice president and general secretary were arrested in a targeted crackdown and deported at the end of last year. And again, on May 2nd MTU’s third president and vice president were arrested by immigration officers who had been waiting in hiding for them and then deported on May 15th. The Ministry of Justice carried out the deportation despite the fact that the National Human Rights Commission had made a decision calling for a stay of deportation until its investigation into human rights violations during the arrests into was complete.

This heighten repression comes right as the Supreme Court decision that will decide on MTU’s legal union status draws near. The Ministry of Labor and South Korean government have been refusing to grant MTU legal union status based on the assertion that undocumented migrant workers do not have the right to freedom of association under Korean law. MTU has since been fighting to gain recognition. On February 1, 2007, the Seoul High Court, overturning a pervious decision, ruled in favor of MTU’s legal union status, stating clearly that undocumented migrant workers are recognized as workers under the South Korean Constitution and the Trade Union Law, and therefore the subjects of legally protected basic labor rights, including the right to freedom of association. The Ministry of Labor appealed this ruling to the Supreme Court where a decision is expected wit! hin this year, as early as next month.

International human rights conventions which South Korea has signed, and which it is bound to respect under its own Constitution, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) all protect the rights of workers regardless of social status to freedom of association. In particular, the CERD General Recommendation No. 30(2004) states that “guarantees against racial discrimination apply to non-citizens regardless of their immigration status” and that “all individuals are entitled to the enjoyment of labor and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.&! rdquo; In addition, ILO Convention No. 87 protects the right to freedom of association for all workers, “without distinction whatsoever” and has been shown to apply to undocumented migrant workers through Committee on Freedom of Association recommendations (UGT, 2001 and AFL-CIO/CTM, 2002). While South Korea has not ratified Convention No. 87, it is bound to uphold the rights protected in it as a member of the ILO under the Declaration on Fundamental Principles and Rights at Work (1998).

Despite this basis in domestic and national law, the Ministry of Labor is still refusing to acknowledge MTU’s legal union status. The new conservative president Lee Myeong-bak has also stated he will not tolerate MTU. MTU’s needs the support of organizations around the world to assure it will gain the legal recognition it deserves!

International human rights and labor organizations and the South Korean National Human Rights Commission have all decided to send position statements in support of MTU to the Supreme Court. We are asking that your organization also issue a statement supporting MTU’s legal union status and send it by fax to the Supreme Court. Please also send a copy to the Ministry of Labor and Ministry of Justice. All statements will be announced at an upcoming press conference.

A sample statement is included below. However, we welcome self-written statements reflecting the position of your organization as these send and even more powerful message.

Please send a copy of your statement to the KCTU at inter@kctu.org, and MTU at MTUintl@jinbo.net

Sample Position Statement

Supreme Court, Republic of Korea
Teukbyul 3bu
219 Seocho-ro, Seocho-gu
Seoul 137-750
Republic of Korea
Fax: 02-2-533-2824

Ministry of Labor
427-718 Government Complex II,
Jungang-dong1, Gwacheon-si, Gyeonggi-do,
Republic of Korea
Fax: 82-2-3679-6581

Ministry of Justice, Republic of Korea
Building 1, Gwacheon Government Complex,
Jungang-dong 1, Gwacheon-si, Gyeonggi-do
Republic of Korea
Fax: 82-2-2110-3079

Regarding Supreme Court Case No. 2007du 4995

To the Honorable Justices of the South Korean Supreme Court

The Seoul-Gyeonggi-Incheon Migrants Trade Union was founded in 2005 and has been carrying out legitimate union activities since. The South Korean Ministry of Labor and South Korean administration have refused to acknowledge MTU’s legal union status because its founders are undocumented migrant workers. However, as was shown in the Seoul High Court ruling of February 1, 2007, the South Korean Constitution and the Trade Union Law protect the right to freedom of association of all those who enter into employment relations as workers, including undocumented migrant workers.

International law to which South Korea is party including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Convention on Civil and Political Rights (ICCPR) and the International Convention on Economic, Social and Cultural Rights (ICESCR) all protect the rights of workers, regardless of social status, to freedom of association. In particular, the CERD General Recommendation No. 30(2004) states that “guarantees against racial discrimination apply to non-citizens regardless of their immigration status” and that “all individuals are entitled to the enjoyment of labor and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.” In addition, ILO Convention No. 87, which South Korea is bound t! o uphold as a member of the ILO, protects the right to freedom of association for all workers, “without distinction whatsoever” and has been shown to apply to undocumented migrant workers through CFA recommendations (UGT, 2001 and AFL-CIO/CTM, 2002).

We are concerned that the Ministry of Labor’s denial of MTU’s union status is in contradiction to these international conventions and to South Korean domestic law. It is our position that countries that adhere to international human and labor rights standards must protect the right of migrant workers, regardless of visa status, to freedom of association. As such, it is our position that the denial of MTU’s legal union status should be reversed and MTU should be granted recognition.

We hope that the Honorable Justices of the Supreme Court will take these matters into consideration and make a decision that upholds the South Korean Constitution and the international conventions to which South Korea is party.

Sincerely,


Representative’s Name,
Organization

Lee Changgeun
International Executive Director
Korean Confederation of Trade Unions
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134
E-mail: inter@kctu.org Web-site : http://kctu.org

Monday, July 14, 2008

Solidarity Appeal to Support the Branch of the Pohang Construction Plant Workers Union, KFCITU [kctupower]

Background


From July 1 to September 20, 2006 over 4,000 members of the Pohang Construction Plant Workers Local Union, an affiliate of the Korean Federation of Construction Industry Trade Union went on strike. Their demands were a 15% increase in wages, implementation of a five-day work week, safe and healthy working conditions, and dignity and respect at the work site. Although the union members were hired by subcontractors, they worked at the construction plants operated by POSCO, a major steel production company in South Korea. Thus, POSCO had a direct influence over the sub contractors as they controlled the conditions and the ultimate approval of all contracts with these subcontractors.

During the strike the union engaged in several industrial actions, the most public was the sit-down demonstration conducted by 3,000 union members at POSCO headquarters in Pohang for nine days starting July 1st. In an effort to support the workers who were holed up inside POSCO headquarters and surrounded by more than 10,000 riot police, local unions affiliated with the KFCITU conducted rallies that were brutally suppressed by the riot police.

In the end, the workers peacefully concluded the sit-down demonstration and the strike came to an end when over 67% of the membership agreed to accept the agreement. It should be noted that the agreement the union had signed in September, 2006 specifically contained language that would ensure that union members would be not be barred from work in POSCO facilities even though they were hired by subcontractors. Nevertheless, at the time both the sub contractors association and POSCO had stated that at least 25 union members including the key leadership would be barred from working at POSCO.



Members of Pohang Construction Plant Workers Union Still in Jail


The strike would come at high costs to the local union, as it resulted in the arrest of close to 100 union members. Currently eight are still in jail having been sentenced to two and a half years to three and a half years for their leading role in the sit-down demonstration and strike. With the exception of Lee Ji Kyung, former President of the local union, all are expected to be released later this month. In addition, close to 200 members were injured in the various industrial actions that took place during the strike and as a result many were hospitalized. However, the most tragic result of the strike is the tragic death of Ha Joong Keun.



Ha Joong Keun, who was brutally beaten on the head by several riot police during a demonstration on July 17 in front of POSCO headquarters, while his colleagues were conducting a sit-down demonstration inside POSCO headquarters died on August 1 due to his injuries. Even though nearly two years have passed since his death the government has still failed to take full official responsibility for his death. The union’s calls for an impartial government investigation have yet to materialize.



Relationship between Sub Contractors and POSCO


The members of the Branch of Pohang Construction Plant Workers Union are categorized as subcontract and irregular (non-permanent) workers. Since regular (permanent) workers are hired directly by the company they are guaranteed three basic labor rights---the right to organize, the right to strike, and the right to bargain. On the other hand, sub contract workers must negotiate with the sub contractors as they are hired by them but in reality the real power in terms of determining wages, working conditions, and work hours lies with the user company, the principal contractor, in this case POSCO.

In many cases user companies have terminated contracts with sub contracts once the workers organize and form a union. Because of this, many sub contract companies refuse to negotiate with the union. Furthermore, both the user company and the sub contract company shift the blame between each other in refusing to recognize and negotiate the union.


POSCO Repression of the Pohang Construction Plant Workers Union


Since the 2006 strike conducted by the union, POSCO has used its political and economic clout in Pohang, where they control at least 70% of the economy to implement a deliberate and strategic plan to break the union through the following tactics:



1. Linking employment with Union Disaffiliation


 Workers who are members of the Branch of Pohang Construction Plant Workers Union are refused employment and are barred from working on POSCO facilities until they disaffiliate from the union.
 In order for union members to work in POSCO construction sites even though they are hired by subcontractors they must possess entrance passes issued by POSCO. However, POSCO refused to issue entrance passes to union members. This is in violation of South Korean labour laws.
 POSCO exercises preference over subcontractors that refuse employment to members of the Branch of the Pohang Construction Plant Workers Union.



2. Rejection of the Collective Bargaining Agreement


 A collective bargaining agreement is a promise between the trade union and the employer that was agreed upon in good faith bargaining. Even though the POSCO was not the party to the agreement between the Branch of Pohang Construction Plant Workers Union, they have a strong influence in the implementation of the CBA through their role as the principal contractor.
 After the 2006 strike, POSCO filed a civil lawsuit against the union seeking compensatory damage of one million and eight thousand US dollars.
 POSCO auctioned off a tract of land acquired for the construction of a building for the labour union. Thus, POSCO is using financial tactics to break the union.



3. Union Officials are Barred from Entering POSCO Facilities


 Prior to the strike officials of the union routinely visited POSCO operated construction sites to address the needs and concerns of union member; however, they are now limited access to the site to twice a week. This clearly restricts and interferes with the union’s ability to conducting trade union activities.
 Since the union officials and staff have limited access to the construction site, there is also less scrutiny or questions raised on occupational safety and health standards resulting in a greater increase in the number of work-related accidents.



WHAT YOU CAN DO



1. Please send your letters (a sample letter is enclosed) to Mr. Ku Taek Lee, Chairman and CEO
POSCO, 89-2 POSCO Center, Kangnam-gu, Dae Chi Dong, Seoul, Korea, Via fax : +82-2-3457-6000

2. You can also send your protest comments (see a sample below) on the POSCO website at www.posco.com

3. Please send copies of letters (sample letter is below) to the KFCITU headquarters at 82-2-843-1436 (Fax) or e-mail it to kfcitu@hanmail.net





SAMPLE LETTER




Mr. Ku Taek Lee
Chairman and CEO
POSCO
89-2 POSCO Center
Kangnam-gu, Dae Chi Dong
Seoul, Korea
Via fax: +82-2-3457-6000




Dear Chairman Lee



On behalf of the ____, I am writing to express our outrage at your repression against the Branch of the Pohang Construction Plant Workers Union affiliated to the Korean Federation of Construction Industry Trade Unions.

In July 1, 2006 the union had engaged in a strike that was amicably resolved through a collective bargaining agreement between the union and the subcontractors association on September 20, 2006. As you know this agreement included language that specifically stated trade union members would not be discriminated or barred from working in POSCO facilities. However, it is our understanding that your company has been using your strong influence as a principal contractor to link union membership with employment. Union members have been denied identification passes to POSCO facilities and we have been told that you have asked union members to disaffiliate to remain employed or be employed. This is a violation of South Korean Industrial Labour Laws 81.



More importantly, I would like to point out this is violation of the ILO Convention 87---Freedom of Association. This also goes against POSCO’s policy of Codes of Conduct which you adopted in June 2003. According to your company’s Code of Conduct, the goal of POSCO is to “implement corporate ethics that meet internationally accepted standards thus making another bold step toward becoming a globally respected and trusted company.” In both the UN Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, there are specific articles pertaining to the right to organize, the right to join a union, and the right to strike. Even though the members of the Branch of Pohang Construction Plant Workers Union are not directly hired by POSCO, they still work in a POSCO work site and thus the international conventions comply.



POSCO is internationally recognized for being a major global company. Your company prides itself in having a vision that ensures ethical and social responsibilities. We would like to point out that a major social responsibility of your company should be the workers who work at your facilities regardless of how they are employed because as a principal contractor you have major responsibilities regarding the working conditions particularly around the issues of health and safety. Since your company has deliberately restricted the access of union officials and organizers to address issues of their members, we have been told there is a lack of adherence to safety and health regulations resulting an increase of work-related accidents at POSCO construction sites. This is unacceptable and worrisome for us because workers safety should come first before any form of profit.

We urge you to immediately stop repressing the Branch of the Pohang Construction Plant Workers Union by immediately stopping all anti-union campaign against the union. Be a positive corporate leader by respecting trade union rights for all workers in your work sites. In doing this your company will be truly a leader in the international business community.



Sincerely,



Your Union President


E-mail Sample Comment


I am writing to express our outrage at your repression against the Branch of the Pohang Construction Plant Workers Union affiliated to the Korean Federation of Construction Industry Trade Unions.


It is my understanding that POSCO has utilized its influence as a principal contractor to link union membership with employment. Union members have been denied identification passes to POSCO facilities and we have been told that you have asked union members to disaffiliate to remain employed or be employed. This is a violation of South Korean Industrial Labour Laws 81. This also goes against your company’s policy of Codes of Conduct which you adopted in June 2003. According to your company’s Code of Conduct, the goal of POSCO is to “implement corporate ethics that meet internationally accepted standards thus making another bold step toward becoming a globally respected and trusted company.” In both the UN Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, there are specific articles pertaining to the right to organize, the right to join a union, and the right to strike. Even though the members of the Branch of Pohang Construction Plant Workers Union are not directly hired by POSCO, they still work in a POSCO work site and thus the international conventions comply.


We urge you to immediately stop repressing the Branch of the Pohang Construction Plant Workers Union by immediately stopping all anti-union campaign against the union. Be a positive corporate leader by respecting trade union rights for all workers in your work sites. In doing this your company will be truly a leader in the international business community.





Lee Changgeun
International Executive Director
Korean Confederation of Trade Unions
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134
E-mail: inter@kctu.org Web-site : http://kctu.org
2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, Seoul 150-032 Korea

Tuesday, July 08, 2008

Guarantee Democracy and Human Rights at all Moments [kctupower]

Protesting the Denial of border entry of the KCTU Delegation to the G8 Summit by the Japanese government.

Statement from the Korean Confederation of Trade Unions G8 Delegation

The Korean Confederation of Trade Unions (KCTU) with a membership of 800,000 is a major confederation of South Korean trade unions actively fighting to advance democracy, human rights, and a democratic trade union movement. At this very moment, we are conducting a General Strike against the importation of U.S. beef; privatization of public services, and the failure of the current Lee Myung Bak government to address the genuine concerns raised by South Korean citizens about food safety. The negotiations around the importation of U.S. beef within the context of the unequal KORUS FTA has denigrated South Koreans the right to food safety and privatization will force the working poor to undergo more social sacrifices.

The G8 Summit is a gathering of representatives of corporations and governments that support their interests to further the advance an agenda of neoliberalism, privatization, and free trade. The neoliberal economic agenda has not only failed to resolve urgent issues that affect workers in general, but have triggered a global emergency on financial markets, food supply, and the environment. This is a moment when we truly need to seek another path, another direction, and another praxis.

Therefore, the KCTU delegation consisting of 9 representatives of various KCTU affiliates traveled to Japan to participate in the G8 Summit on July 4 to ensure that workers’ voices and interests were addressed. It was the goal of the KCTU delegation to join other civil society groups and popular movement to oppose the neoliberal agenda. We believe this is a fundamental human right and responsibility we carry in these momentous and challenging times.

Four members of the delegation arrived in Haneda Airport, where they were forced to undergo a lengthy individual examination without any proper explanation. The other members of the delegation that included KCTU Vice President Huh Young Goo were denied entry to Japan by the Japanese Immigration Department without any explanation. Their passports were confiscated and during the process Vice-President of the Korean Health and Medical Workers Union, Lee Keun Sun was detained when he protested the actions of the Japanese Immigration officials.

Prior to entry, the KCTU had notified the Japanese Immigration Department the purpose for their visit and the details of the activities during the G8 Summit. The KCTU had been invited by the Japan-based G8 Action Network to participate in their planned events. Despite having followed all proper standard protocol and procedures, the Japanese government unfairly denied the entry of the KCTU delegation
to the G8 Summit.

The KCTU believes that the irrational denial of entry by the Japanese government is politically motivated and an attempt by the government to pre-emptively block any dissenting voice during the G8 Summit. This is clearly a repression of people’s right to freedom of expression, right to dissent, and against human rights as guaranteed by all international conventions. The KCTU challenges the undemocratic actions of the Japanese government.

The KCTU determines that the denial of entry of the KCTU G8 Summit Delegation is an overprotective measure to ensure “peaceful” proceedings of the G8 Summit without any disruption or dissent. This is of course a repression of democracy and human rights. The KCTU will continue to organize for the right for workers to express their voices and raise concerns as a fundamental human right in solidarity with other trade unions and civil society groups in Japan as well as the social movement at the international level. At the same time, the KCTU will focus on revealing the corporate greed of the G8 Summit and to show that there are people’s alternatives to neoliberalization through dialogue and solidarity.

Finally, the KCTU wishes to convey its sincere thanks to Japanese and international trade unions and civil society groups for the support in this difficult time. In solidarity, we will stop the neoliberal agenda and achieve true democracy and human rights.

Korean Confederation of Trade Unions
July 7, 2008