There can be no compromise on the right to strike

“It is good to finally shake your hand; the last time I saw you, I was in prison”.

Members of the Korean Railway Workers’ Union are facing a maximum of five years in prison and millions of US dollars in damages for “obstructing business” by going on strike.

These were the poignant words Myoung-hwan Kim, President of the Korean Railway Workers’ Union (KRWU), greeted me with when we met at the International Transport Workers’ Federation’s (ITF) 43rd Congress in Sofia earlier this year.

Indeed, the last time we spoke, we had to do it through a prison intercom system as Kim, along with other leaders of the KRWU, was being detained for organising a strike in opposition to rail privatisation. Despite complying with all ‘essential services’ requirements under Korean law, the authorities declared the action illegal even before it began.

Kim and his colleagues are now facing so-called ‘obstruction of business’ charges which carry a maximum sentence of five years in prison or a fine not exceeding 15 million won (US$ 14,000).

Furthermore, the state rail operator is pursuing a damages suit against the union and its leaders for 16.2 billion won (US$16 million) together with separate proceedings for alleged “damage to brand value” amounting to 1 billion won (US$990,000).
These legal actions are just the tip of the iceberg.

Hundreds of strikers have been dismissed or relocated and the union’s assets have been seized by the authorities.

All this simply because the KRWU sought to defend its members from an ill-conceived privatisation drive that would have heavily diluted terms and conditions of employment.

What this example illustrates is that despite being a fundamental human right enshrined in international law, the right to strike is certainly not guaranteed for all workers.

In fact, transport workers are one of the groups increasingly being excluded from the right to strike by way of outright bans or public service, essential services or minimum services requirements that severely limit that right.

The ITF has been called on time and time again to provide solidarity support and legal assistance to affiliates who have had their right to strike curtailed.

Following a fatal train accident in 2009, the State Railway Workers’ Union of Thailand (SRUT) launched an occupational health and safety initiative and called on its members to abstain from driving trains with faulty equipment.

Without even attempting to address the grave issues at hand, the authorities cracked down on the initiative by conveniently labelling it a ‘strike’, a right denied to all public sector workers in Thailand.

Thirteen SRUT leaders were subsequently dismissed and had damages suits filed against them for 15 million baht (US$ 462,000).

In another recent dispute, 316 members of the Turkish Civil Aviation Union were dismissed by text message following a coordinated sick leave action taken in response to the Turkish government’s decision to add aviation services to the list of industries where industrial action was prohibited.

Turkey currently has one of the worst rates in the International Trade Union Confederation’s (ITUC) Global Rights Index.

Convention 87

It is quite clear from these examples that the critical economic role of transport is being used as a pretext to defend the free movement of passengers and goods beyond the rights of people involved in the transportation itself.

This trend is especially concerning as transport workers, including those employed in aviation, trucking and commercial seafaring, have some of the most dangerous jobs in the world.

This is why the protection of the right to strike under Convention 87 of the International Labour Organization (ILO) and its enforcement through the ILO’s supervisory mechanisms is particularly important for transport workers.

For over 60 years the ILO’s Committee of Experts and Committee on Freedom Association have recognised a limited right to strike under Article 3 of Convention 87.

Not only have these supervisory bodies acknowledged the right, they have developed clear principles which have subsequently been relied on by national and regional courts.

For example, it has been unequivocally held that the right to strike may only be restricted or prohibited in the public service for those exercising authority in the name of the state or in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

Furthermore, it has also been held that transport generally does not constitute an essential service and that minimum operational services can only be applied to non-essential services in very limited circumstances.

Notwithstanding this extensive jurisprudence, the Employers’ Group at the ILO has since 2012 been doing its best to undermine the authority of the ILO’s supervisory mechanisms. Not only has it questioned the mandate and capacity of the Committee of Experts, it has challenged the very existence of a right to strike under Convention 87.

The Employers’ continued intransigence has left the Workers’ Group no alternative but to call on the ILO’s Governing Body to seek an advisory opinion from the International Court of Justice (ICJ) on the question of the existence of a right to strike.

As elaborated in detail in the ITUC’s excellent briefing on the legal foundations of the right to strike, there is little doubt that the ICJ will recognise the right’s protection under Convention 87.

However, a majority of the Governing Body is required to move the resolution in favour of a referral to the ICJ. It is therefore imperative that we call on all governments to vote accordingly at the next session of the Governing Body in November 2014.

Railway personnel in Korea and Thailand, Turkish flight attendants and workers all around the world depend on it.

There can be no compromise on the right to strike. There can be no compromise on human rights.

To join the ITF Campaign to Defend the Right to Strike, please visit here.

FROM INSIDE COSTA RICA:

Unions around the globe will stand with Costa Rica’s dockworkers, says ITF

October 28th, 2014 (InsideCostaRica.com) The International Transport Workers’ Federation (ITF), an international federation of some 700 unions representing more than 4.5 million transport workers from 150 countries, said it and its member unions will fight for the rights of Limon’s striking dockworkers in a communiqué sent to Inside Costa Rica on Tuesday.

ITF said it strongly condemns “the actions of the Costa Rican government after hundreds of police officers stormed Puerto Limon’s Moin and Limon terminals last Thursday, October 23rd, violently attacking workers and arresting 68 men and women who were peacefully striking.”

“The workers were detained, then the port re-opened Friday with strikebreakers, some of them from nearby countries, replacing the union members,” the statement continues.

ITF described what it called “aggressive police beatings” as a “shocking development in a country well known for its peacefulness and democracy.”

“This is another example of profit coming first, with governments putting effort – and violent effort – into attacking the public sector,” said ITF’s president and chair of its Dockers’ Section, Paddy Crumlin.  “Dockers’ unions worldwide will fight this.”

Sintrajap, the union that represents the workers of the state-owned port operator, Japdeva, declared the strike after negotiations to alter the concession granted to Dutch firm, APM Terminals to build and operate the new Moin Container Terminal, broke down.

Costa Rica’s Constitutional Court dismissed an appeal this month in which the union had claimed that a particular clause in the concession would create an “illegal monopoly” giving APM Terminals the exclusive right to load and unload containers arriving in Limon.  The appeal was the last legal alternative available to Sintrajap in its attempts to stop the project.

ITF, supporting Sintrajap’s view, says that the concession creates a “huge competitive advantage” for APM, which “casts a shadow over the future of the state-owned port company Japdeva in the Moin and Limon terminals.”

In the communiqué, ITF said that Japdeva has an “explicit role” as a “regional economic development engine, helping to fund education and health services,” adding that both unions and the local population are extremely concerned about the potential loss of Japdeva’s “much-needed public sector income” and what they describe as potential environmental impacts of the new terminal.

“The new facility could compromise the nesting grounds of leatherback turtles and endanger manatees, dolphins, and coral reefs,” ITF said.

ITF said it is stepping up its pressure, writing to port unions globally asking them for their support.

“All the union members want is proper observance of the law, security for existing jobs, and protection of their community.  Instead, the government authorized disproportionate force and hired strikebreakers.  Of course the international union community is shocked,” said ITF Regional Secretary Antonio Rodriguez Fritz. “We will fight this and we will win.”

APM Terminals obtained the concession to build and operate the port in 2011 and was due to begin construction last year, but the project has faced several legal challenges.

The initial concession is for 33 years, with an initial investment of at least $1 billion and the creation of some 400 jobs.

The new facilities would be able to accommodate modern “Panamax” class container vessels of up to 13,500 containers, some five times larger than those that can be serviced in the country presently.

FROM LLOYD'S LIST:

Dockers stay out in row over APM Terminals’ Moin concession win

Wednesday 29 October 2014, 13:39

by Lintion Nightingale

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APM Terminals has won the concession to operate Costa Rica's Moin Container Terminal.

ITF backs Costa Rica waterfront strike amid reports of tens of arrests and drafted-in labour

WILDCAT strikes in Costa Rica continue this week over the awarding of a 33-year concession to APM Terminals to operate the new Moin Container Terminal.

Last Thursday, the port was forced to cease operations after dockworkers walked off the job in protest against the decision.

According to local press as many as 68 dockworkers have been detained at Moin and Limon terminals after police engaged with the protesters at the request of the Costa Rican government.

The port has since reopened using dockers, including some from neighbouring countries, brought in to replace striking union members to handle cargo.

ITF president and chair of its dockers’ section Paddy Crumlin said the striking Moin dockers have the full support of the organisation.

He said the decision to award the tender to APM Terminals is an example of “profit coming first”.

Mr Crumlin said other Latin American dockworkers’ unions have backed the protests in Moin, presenting petitions to Costa Rica's regional embassies.

The ITF has written to port unions globally asking them to support the Costa Rica dockers.

APM Terminals won approval earlier this month to move forward with the project after Costa Rica's Supreme Court rejected an appeal filed by the port workers’ union Sintrajap.

The union claimed the concession would create an "illegal monopoly" in Limon, granting the operator the exclusive right to handle containers.

The appeal was Sintrajap’s last legal means to end the expansion plans.

MCT, APM Terminals’ first venture in Central America, will have a 1,500 m quay and can handle 13,500 teu vessels, ships up to five times larger than those now able to call into the country's ports.

The new terminal will open with an initial capacity of 1.3m teu, with the option to extend to 2.7m teu.

FROM THE MMP:

STRIKING DOCKERS IN COSTA RICA ATTACKED BY POLICE, ARRESTED, REPLACED BY FOREIGN WORKERS

Hundreds of police officers stormed two terminals in the port of Limon, Costa Rica, on Oct. 23, attacking longhore workers and arresting 68 men and women who were peacefully striking. The port re-opened the next day manned by strikebreakers, some from nearby countries, replacing union members. The International Transport Workers’ Federation (ITF) has condemned the actions of the government.

The dispute arose over a 33-year, $1 billion expansion deal won by APM to run a new terminal. The deal grants significant competitive advantages to APM, which negotiated the exclusive right to handle containers, casting a shadow over the future of the state-owned port company Japdeva. Besides overseeing activities in the ports, Japdeva helps fund public education and health services in Costa Rica.

“This is another example of profit coming first, with governments putting effort--violent effort--into attacking public sector workers,” said ITF President Paddy Crumlin. The beatings by police--a shocking development in a country known for peacefulness and democracy—were broadcast on television. “Dockers’ unions worldwide will fight this,” Crumlin said.

The union has strong support from other public sector workers as well as environmentalists, because the new facility could compromise the nesting grounds of leatherback turtles and endanger manatees, dolphins and coral reefs. On a regional level, Latin American dockworkers’ unions have rallied and presented petitions to Costa Rican embassies. Now the ITF has stepped up the pressure, writing to port unions globally asking them for support.

“All the union members want is observance of the law, security for existing jobs and protection of their community. Instead, the government authorized disproportionate force and hired strikebreakers. Of course the international union community is shocked,” said ITF Regional Secretary Antonio Rodriguez Fritz. “We will fight this and we will win.”

ITF AFFILIATE WINS LABOR DISPUTE IN JORDAN

Port workers at Aqaba Container Terminals (ACT) in Jordan are celebrating after an agreement was signed between management and the General Union of Port Workers, an affiliate of the International Transport Workers’ Federation (ITF).  The workers went on strike last week over contract changes and management’s refusal to negotiate a new collective bargaining agreement. During the course of the strike, over 150 workers were arrested. A spokesperson for the union said that support from the ITF and its affiliates had been a key factor in the workers’ ability to achieve a contract. “This victory came not just from our members’ determination, but from the support of the ITF and its affiliates,” he said. “Our workers never lost sight of how many colleagues were supporting us across this region and worldwide.”

FROM SEAFARER TIMES (PHILIPPINES):

ITF “will fight” Costa Rica port violence

Submitted by Helmsman on Tue, 10/28/2014 - 21:56

ITF “will fight” Costa Rica port violence
28 October 2014 received via email

The International Transport Workers’ Federation has strongly condemned the actions of the Costa Rican government after hundreds of police officers stormed Puerto Limon's Moin and Limon terminals last Thursday 23rd October, violently attacking workers and arresting 68 men and women who were peacefully striking. The workers were detained, then the port re-opened Friday with strikebreakers, some of them from nearby countries, replacing the union members.

Footage of the aggressive police beatings was shown on Costa Rican TV – a shocking development in a country well known for its peacefulness and democracy. (http://www.teletica.com/Noticias/69691-Policia-abre-puertos-en-Limon-y-d...)

Paddy Crumlin of the Maritime Union of Australia, the ITF’s president and chair of its Dockers’ Section said: “This is another example of profit coming first, with governments putting effort – and violent effort – into attacking the public sector.”

Crumlin added, “Dockers’ unions worldwide will fight this. They’ll be reminded of the heavy-handed tactics used by the Australian government during the infamous Patrick’s Dispute fifteen years ago.”

The dispute arose over the 33-year, $1 billion expansion deal won by APM to run a new terminal, which has been the subject of a legal battle. Under the microscope has been the huge competitive advantage granted to APM, who negotiated the exclusive right to handle containers, casting a shadow over the future of the state-owned port company Japdeva in the Moin and Limon terminals. Japdeva in turn has an explicit role as regional economic development engine, helping to fund education and health services.

The union has won significant support at home, with other public sector workers offering solidarity, and locals keenly feeling both the potential loss of Japdeva’s much-needed public sector income and understanding the environmental effects. The new facility could compromise the nesting grounds of leatherback turtles and endanger manatees, dolphins and coral reefs.

Regionally, Latin American dockworkers’ unions have rallied and presented petitions to Costa Rican embassies. Now the ITF has stepped up the pressure, writing to port unions globally asking them for support.

“All the union members want is proper observance of the law, security for existing jobs and protection of their community. Instead, the government authorised disproportionate force and hired strikebreakers. Of course the international union community is shocked,” said ITF Regional Secretary Antonio Rodriguez Fritz. “We will fight this and we will win.”

FROM THE COSTA RICA STAR:

Amid reports of vandalism, gunfire, fiery roadblocks, arrests, canceled negotiations, criminal infiltration, political posturing, and civil disobedience, the dock workers strike at the main seaport of Costa Rica continued on Monday evening with no end in sight. One of the latest developments of this strike, which has been going on for a week, is the possibility of the International Transport Workers’ Federation (ITF) organizing port strikes around the world in solidarity.

The strike at the ports of Moin and Limon has seen its share of violence perpetrated by criminals; however, police officers have also arrested dozens striking laborers blocking the path of trucks hauling shipping containers in and out of the docks. Leaders of the powerful ITF have been monitoring the situation in Costa Rica, and they are particularly concern about how things have developed over the last few days.

Despite the ongoing strike, cruise ships and maritime cargo vessels have been able to operate with only a few delays, and the reason for this continued operation can be pinpointed to government involvement in locking out striking workers and replacing them with non-union workers, many of them foreigners. In labor union parlance, these temporary workers are called “scabs.”

ITF leaders consider that the actions by the government of Costa Rica during the port strike have been heavy-handed. To this end, ITF has put its Latin American chapters on notice to potentially go on strike along with their fellow dock workers in Limon. This display of solidarity would begin in Central American and Caribbean ports if ITF considers that the demands presented by dock workers in Costa Rica are not being considered. If neighboring strikes fail to call attention to the issue, ITF would call on fellow unions in North and South America to take action as well before reaching out to chapters in other continents.

Earlier today, the Ministry of Labor announced that negotiations scheduled for Wednesday were called off after large photographs of President Luis Guillermo Solis and other public officials were burned during a street protest. Government officials have demanded a formal apology from union leaders, who explained that they have already written a letter to this effect. Meanwhile, Ministry officials have filed a complaint in court for the purpose of obtaining a judgment that would categorize the strike as an illegal act.

FROM PORT NEWS (RUSSIA), ALSO SCOOP (NZ):

ITF “will fight” Costa Rica port violence

The International Transport Workers’ Federation has strongly condemned the actions of the Costa Rican government after hundreds of police officers stormed Puerto Limon's Moin and Limon terminals last Thursday 23rd October, violently attacking workers and arresting 68 men and women who were peacefully striking, ITF said in its media release.

The workers were detained, then the port re-opened Friday with strikebreakers, some of them from nearby countries, replacing the union members.

Paddy Crumlin of the Maritime Union of Australia, the ITF’s president and chair of its Dockers’ Section said: “This is another example of profit coming first, with governments putting effort – and violent effort – into attacking the public sector.”

Crumlin added, “Dockers’ unions worldwide will fight this. They’ll be reminded of the heavy-handed tactics used by the Australian government during the infamous Patrick’s Dispute fifteen years ago.”

The dispute arose over the 33-year, $1 billion expansion deal won by APM to run a new terminal, which has been the subject of a legal battle. Under the microscope has been the huge competitive advantage granted to APM, who negotiated the exclusive right to handle containers, casting a shadow over the future of the state-owned port company Japdeva in the Moin and Limon terminals. Japdeva in turn has an explicit role as regional economic development engine, helping to fund education and health services.

The union has won significant support at home, with other public sector workers offering solidarity, and locals keenly feeling both the potential loss of Japdeva’s much-needed public sector income and understanding the environmental effects. The new facility could compromise the nesting grounds of leatherback turtles and endanger manatees, dolphins and coral reefs.

Regionally, Latin American dockworkers’ unions have rallied and presented petitions to Costa Rican embassies. Now the ITF has stepped up the pressure, writing to port unions globally asking them for support.

“All the union members want is proper observance of the law, security for existing jobs and protection of their community. Instead, the government authorised disproportionate force and hired strikebreakers. Of course the international union community is shocked,” said ITF Regional Secretary Antonio Rodriguez Fritz. “We will fight this and we will win.”

FROM MYANMAR TIMES:

Ko Aung Naing’s dream was to be a seaman on a shipping vessel. But when his parents paid an employment agency K3.3 million to get him a job on a foreign cargo ship, he didn’t expect to end up working near a foreign port for a meagre wage as an assistant welder.

Containers are loaded onto a vessel at a port in Qingdao, China. Photo: AFP

His 900 ringgit (US$300) per month salary is barely enough to cover his living expenses in Sibu, in Malaysia’s eastern state of Sarawak, let alone begin paying off the loan that his parents took out to pay the agency.

Employment and living conditions in Sibu are “very unpleasant”, says Ko Aung Naing, who has been in Malaysia for three months. He relates the case of one Myanmar man working on a palm oil plantation in the area who was “severely beaten” by a gang because he had tried to run away from his job.

“Most people can’t endure that kind of hard work,” he said. “I felt very sorry when this happened but I can’t give any help to him because I’m struggling to get by as well. Plantation owners have even threatened to kill anybody who runs away.”

But with debts at home and no money to return to Myanmar, Ko Aung Naing has little option but to wait for a chance to get on a ship. And he is not alone; he and others in Sibu interviewed by The Myanmar Times estimated there are several hundred Myanmar nationals waiting for jobs on shipping vessels – including one man who has been there for six years. Some have jobs in small workshops, like Ko Aung Naing, while others work in factories, or on fishing boats or local vessels carrying construction materials.

“We are in a very tough situation,” he said. “So far, we haven’t seen any opportunities to get on a ship but we also can’t go home. Instead, we have to work for a meagre income and try to save money to pay back the fee that our parents borrowed to pay the agency. But I am not ready to give up on my dream to be a sailor.”

Going to sea has always been an attractive job in Myanmar. However, in the past two years an industry has arisen to exploit the dreams and lack of knowledge of young Myanmar men and their families. Many are misled into thinking that by paying thousands of dollars to employment agencies they will secure well-paying jobs on reputable cargo ships.

As a result, the number of registered sailors has grown to more than 98,000, according to the Department of Marine Administration, yet of this figure only 30,000 are on a ship at any one time. Those without experience are also at a disadvantage, with experienced sailors getting most of the jobs on offer.

Seafarers’ organisations, such as the Myanmar Maritime Workers’ Federation (MMWF) and the Myanmar Seamen’s Federation, have been widely criticised for failing to address the problem. Some of them seem more interested in raising funds than helping their members, said Ko Nyo Tun, an executive at the Bangkok-based Seafarers’ Union of Burma.

“There are no organisations able to resolve seamen’s problems effectively. They just want to recruit more members and seek international financing,” he said.

But MMWF general secretary U Tin Ko Ko Thet said the federation helped to negotiate on behalf of seafarers who get in disputes with job agencies, while also conducting training to better prepare sailors before they head abroad.

He said seamen who have been misled by the agency could take legal action, including the filing of criminal charges for deception. However, most do not because they do not have enough money or do not realise their rights. Some find it too difficult because they are from outside Yangon, where most employment agencies are based. “People who live in Yangon can go to the agency every day. But those from outside the city have difficulty demanding a refund because of the expense of transport, so they don’t claim a refund,” he said.

He agreed that many agencies are exploitative, pointing to the fact they collect service charges from seafarers for placements but also get payments from shipping lines for placing workers in jobs. This continues to happen despite the government issuing an order on July 17, 2013, outlawing the levying of service charges to sailors. U Tin Ko Ko Thet said the fee had actually risen since the order was issued.

“I don’t know who started the system that seafarers have to pay the agents but the agents get income from both sides. The fee used to be $300, but it has now risen to $500 or more. The government has asked the agencies not to charge the seamen, but only the employers, but I’m not sure if any agreement has been signed.”

U Toe Myit, director of the DMA’s Seafarer Division, said because of the service charge agencies have an incentive to recruit as many sailors as possible, regardless of whether they have positions for them.

“If they can’t get the service charge from them, [agencies] won’t lie,” he said. “The DMA is planning to help seafarers so they can avoid being cheated by creating a list of shipping companies so they can check whether the company they are in contact with is official.”

U Htin Aung Thwin from Victory Shipping & Trading Company agreed that there were some dodgy agencies in the industry but said it was also difficult to ensure every sailor is placed on a ship immediately.

“Sometimes the ships leave the port suddenly after they have finished loading. In this situation, the men have to wait until that ship lands again,” he said. “My company has sent more than 700 seafarers and most of them can work on the ship within a short time. But some companies lie and say they have work on a ship when they don’t.”

U Tin Ko Ko Thet said prospective sailors also need to be aware of their rights and responsibilities. “If a vessel is not the one stipulated by the company, the seafarer can charge the company. If they’re afraid to fight for their rights, they will lose their rights,” he said.

In practice, however, this can prove difficult. Until recently, sailors who asked for help or submitted a complaint to the International Transport Workers’ Federation or International Labour Organization were likely to have their Continuous Discharge Certificate – an identity document for registered seamen – confiscated by the DMA. While the government insists this policy is no longer in place, many sailors fear they will have trouble getting work if they complain about abuses or exploitation.

While Ko Aung Naing is not ready to give up on his dream, others would be more than happy to return home from Sibu – if they had the money. Ko Soe Thu, who paid the K3.3 million agency fee with support from his parents, said the delay and the uncertainty over when he would board ship had left him depressed.

“The agency assured me of an urgent job on a bunker ship earning nearly K500,000 a month. I wanted to acquire sea experience and then shift to another job with better pay. But I’ve been stranded here for two months,” he said by phone. “I will go home if I don’t get a job on a bunker [fuel] ship.”

He expressed anger at the way the recruitment company in Yangon had misled him and other Myanmar sailors in Sibu.

“All of us came here in the hope of getting a job immediately. Recruitment companies should take responsibility for their failings and should refund the money,” he said.

Mandalay resident Ko Ko Naing, who is waiting in Sibu to join a ship, said he had been promised a job on a bunker. “I’ve been waiting a month. They asked me to join other vessels. I told my family to send me money to get back home if no suitable vessel becomes available.”

He said some had little option but to stay. “I feel sorry for those who can’t afford to go back. I’ve since learned from more experienced people you should bring enough money with you to get home again.”

Ko Khun Chan said he graduated as an engineer before training as a sailor and signing a contract with an agency for an immediate job on a bunker ship. He paid K3.2 million to come to Sibu, where he has spent the past month waiting, with no word about a ship.

“We’ve found there are a lot of seafarers waiting here for months. My cousin’s parents mortgaged their home to raise the agency fee,” he said. “People here are demoralised and angry.”

Ko Chan, who has been working at a car workshop for the past two months while waiting for a berth, said even returning home is fraught with danger. “Two men who arranged a return trip for themselves are now in hiding from the police because their agent informed the police about their plans,” he said.

He expressed anger at both the Myanmar government and seafarer organisations for ignoring those stuck in Sibu – and not lifting a finger to stop more young men from Myanmar’s rural areas chasing their dreams and ending up stuck in a foreign town, heavily in debt. “There’s no one here to help us,” he said. “Agents in Yangon and in Malaysia know exactly what is happening but they don’t stop cheating people, they just keep sending new men here. It’s simply human trafficking.”

Translation by Thiri Min Htun and Zar Zar Soe

FROM LA INFORMACION (SPAIN):

La federación internacional de trabajadores del transporte pide al barça que rompa con el patrocinio de qatar airways

lainformacion.com

martes, 21/10/14 - 13:51

La Federación Internacional de Trabajadores del Transporte (ITF) ha pedido al presidente del FC Barcelona, Josep Maria Bertomeu, que no renueve el contrato de patrocinio de su club con Qatar Airways, porque “es una compañía que, en el tratamiento de su personal, se encuentra a las antípodas de los valores de justicia y equidad que el Barcelona defiende”.
En la misiva, esta organización dice a Bertomeu que “es de público conocimiento que el patrocinio de Qatar Airways al Barcelona es incompatible con el código ético del club, y su fuerte misión social y caritativa”.
Por ello, la ITF, que agrupa a unos 700 sindicatos que representan a 4,5 millones de trabajadores, explica que “al igual que muchos de sus fans, siempre hemos cuestionado ese acuerdo de patrocinio”. 
“Estamos seguros de que los aficionados, y de hecho los jugadores del club, se sentirán más orgullosos de los logros del club si el nombre de la empresa se retira de sus camisetas”, añade la carta. 
La ITF ha presentado una demanda contra el Estado de Qatar ante la Organización Internacional del Trabajo (OIT) por el trato que mantiene la aerolínea con sus empleados.
“Por estos motivos, le rogamos que respalde la labor realizada por la ITF, la Confederación Sindical Internacional y muchas otras organizaciones para sacar a la luz las condiciones en Qatar y en la línea aérea. Confiamos en que tome la única decisión posible y rechace la continuación del patrocinio de Qatar Airways una vez que el acuerdo actual expire. Le instamos a que lo haga, y que lo haga públicamente.”, concluye el escrito.

(SERVIMED

LAN materializa en Ecuador su agresiva política antisindical, despidiendo a la secretaria general del Sindicato de Trabajadores de Aerolane (SITA), la líder y creador de la organización, Jimena López.

LATAM Holding Group, no sólo transgrede los derechos laborales de sus trabajadores, sino que articula acciones para impedir  su organización, vulnerando la legislación nacional. Las autoridades nacionales deben reaccionar enérgicamente a esta política de la aerolínea.

Desde este martes se desarrollan asambleas y planifican movilizaciones en Ecuador y el resto de los países de la RED LATAM para apoyar a la destacada dirigente sindical e impedir las prácticas antisindicales de LAN y TAM en Ecuador y en la región.

SITA está afiliado desde su inicio a Federación Internacional de los Trabajadores del Transporte (ITF) y Jimena López es una destacada y reconocida dirigente que participa en las actividades en defensa de los derechos laborales, de las mujeres y colaborando en la creación organización donde sea necesario. Tiene el respaldo y reconocimiento de ITF y de sus compañeros y compañeras de la RED LATAM.

Rechazamos los intentos antidemocráticos de la empresa para eliminar la organización sindical  a la que los trabajadores de LAN, como en cualquier parte del país y del mundo, tienen derecho para mejorar sus condiciones laborales.

FROM PHUKET WAN:

Andy Hall with migrant workers on Phuket earlier this year

Photo by Phuketwan.com

Thailand Faces Protests in Cities Across Europe, US Over Criminal Defamation Trials

Friday, October 24, 2014

PHUKET: Demonstrations are planned outside Thai embassies in four large international cities next week to protest at the prosecution of British human rights defender Andy Hall by a pineapple processing company in Thailand.

The verdict in one case being pursued by Natural Fruit is to be delivered next Wednesday, with a second case brought by Natural Fruit against Mr Hall scheduled to begin the following day.
Mr Hall's supporters say that public demonstrations will be held outside Thai embassies in Washington, London, Helsinki and The Hague on October 29.

The international union movement is throwing its weight behind calls for the pineapple processor to drop a series of cases against Mr Hall, brought after he reported on conditions for migrant workers for an NGO, Finnwatch.

As Mr Hall was the only member of the team conducting the research who resides in Thailand, Natural Fruit opted to sue him using the country's controversial criminal defamation laws and the draconian Computer Crimes Act.

The same much-criticised laws have been used by the Royal Thai Navy to sue two journalists at Phuketwan, Chutima Sidasathian and Alan Morison, and by expats with poor reputations - and in some cases past criminal convictions - to sue British investigative journalist Andrew Drummond.

Public demonstrations next week in the US and three major cities in Europe are likely to alarm Thailand's Ministry of Foreign Affairs, food exporters and the tourism industry and intensify calls for Thailand's military government to intervene to save Thailand's reputation.

The use of bad laws by private companies, by the Royal Thai Navy and by expat rogues to silence human rights defenders and investigative journalists has been widely criticised inside and outside Thailand.

The Finnwatch report, 'Cheap Has a High Price,' exposed smuggling of migrant workers along with the use of child labor, forced overtime and violence against factory workers.

The large International Transport Workers' Federation (ITF) said last month that Thailand itself is on trial over these abuses.

Mr Hall has since turned his attention to the welfare of the two Burmese charged with the murders of British tourists Hannah Witheridge and David Miller on Koh Tao on September 15.

In defending expats and Thais from Pattaya fraudsters and conmen, journalist Andrew Drummond has been forced to fight an increasing number of cases where criminal defamation is being used to silence him and exhaust his funds.

The trial of Morison and Khun Chutima resumes in July next year.

Charges brought by the Royal Thai Navy cite a 41-word paragraph from a Pulitzer prize-winning Reuters special report on the Rohingya boatpeople.

Reuters and other news organisations in Thailand that published the same paragraph have not been charged. The charges were laid before the military takeover in Thailand.

So far, the Thai government has failed to respond to a call from two UN Special Rapporteurs to have the Navy justify the case or end proceedings.

Morison and Khun Chutima face a maximum of seven years in jail. Morison's passport has been seized.

The Phuketwan news site may have to close in February when it will be impossible for Morison to renew his annual work permit.

The ITF Seafarers’ Trust – the charity arm of the International Transport Workers’ Federation – has appointed leading shipping figure Kimberly Karlshoej as its new head.

Ms Karlshoej was recently director and programme officer of The TK Foundation, the trust named after her father, J Torben Karlshoej, who founded the Teekay Corporation. She has also worked as a consultant to a number of maritime charities and has been an executive board member of the World Maritime University.

“Shipping is a low-profile industry, and to the wider public, seafarers are practically invisible. There is a clear and pressing demand for programmes that can effectively alleviate their unique welfare needs. I am honoured by this appointment, and delighted by the opportunity to take the ITF Seafarers’ Trust’s important and ambitious work forward,” she said.

ITF Seafarers’ Trust chair David Heindel added: “This job attracted an incredible field of candidates. It is heartening that there are so many skilled and passionate people out there either working in this field, or hoping to. In the end we chose Kimberly because of her obvious passion for seafarers’ welfare and her record at The TK Foundation, which is rightly known for its pioneering work.”

ITF general secretary and trustee of the ITF Seafarers’ Trust Steve Cotton said, “We are proud of what the Seafarers’ Trust does and I know that we will be prouder still of what it will achieve under Kimberly’s highly experienced stewardship.”

The trust was established by the ITF in 1981 as a body with charitable status under UK law. It is dedicated to the welfare of seafarers, irrespective of nationality, race or creed. Its funding comes from the investment income of the ITF welfare fund, which is used to provide trade union services to seafarers. The trust is tasked with supporting projects which directly benefit individual seafarers’ spiritual, moral or physical welfare.

FROM ICI LOME (TOGO):

TRANSLATION:

Togo - 'The democratic structure and operation of a union' 'is on this theme that held a training seminar for women and young workers FESYTRAT (Federation of Unions of Workers transportation Togo) on 24 and 25 October 2014 in Lomé.

This initiative aims to equip FESYTRAT participants, most of whom make their first steps in unions to better know the trade union movement through its genesis, its values, its principles and missions. More specifically, it aims to acquaint the participants with the prerogatives of the International Labour Organisation (ILO), whose primary mission is to promote social justice worldwide through its normative action.

The opening was made by the secretary of FESYTRAT, Emmanuel AGBENOU.

Several modules are on the menu two days of meetings among others, a communication on the union movement, the International Transport Workers' Federation: history, objectives and principles, democratic functioning and management of a trade union etc.

This meeting is for the organizers, a forum that will give participants a thorough knowledge of the International Transport Workers Federation ((ITF) through its history, purpose, principles, values ​​and missions.

FROM CREWTOO:

New Face of Seafarers Welfare - October 24, 2014

The ITF Seafarers’ Trust – the charity arm of the International Transport Workers’ Federation – has appointed leading shipping figure Kimberly Karlshoej as its new head. Ms Karlshoej was recently director and programme officer of The TK Foundation, the trust named after her father, J Torben Karlshoej, who founded the Teekay Corporation. She said, “Shipping is a low-profile industry, and to the wider public, seafarers are practically invisible”

FROM CBC (CANADA):

Cargo crew stranded in Argentia running low on food

Life aboard a cargo vessel that is stranded in the port of Argentia became a little more bearable for 11 crew members this week following the arrival of a shipment of food.

The 132-metre Jana has been docked in Argentia for about a month. The vessel's engine is in need of repairs, and the company that owns the ship is reported to be in financial trouble.

The crew is a mix of Russian and Ukrainian sailors, and they say have not been paid for four months.

They have been bidding their time by listening to music, watching movies and enjoying the Placentia Bay area, but are very anxious to get paid and return home to their families, said crew member Sergey Orel.

"No pay for all the crew is our main problem," Orel told CBC News on Tuesday.

Sergey Orel is one of 11 crewmembers aboard the cargo ship Jana. The German flagged vessel has been stranded in the Placentia Bay port of Argentia for about a month. (CBC)

Supplies of fresh food were beginning to run low on the vessel, but that changed Monday following a shipment of vegetables, bread and eggs, compliment of the fisheries union.

"We have food now, but how long, we don't know," Orel said.

When asked when they may be able to leave, Orel said the crew is trying to be patient.

"We waiting day-by-day for some news about us," he said.

While they wait for answers, Orel said they continue to be impressed by their temporary home.

"You living like in heaven, really," he said.

A spokesman for the International Transport Workers Federation said earlier this week the crew is owed some $130,000 in back wages.

FROM TRADEWINDS:

Strike ended in Aqaba

Workers at Jordan’s Aqaba Container Terminals (ACT) have ended their strike after reaching an agreement with the facility’s operator APM Terminals.

Aqaba port workers end strike

Last week, staff went on strike over contract changes and the management’s failure to negotiate a collective bargaining agreement due since July.

This was followed by a police raid which resulted in 150 arrests.

But, supported by the International Transport Workers’ Federation (ITF), the industrial action went ahead and finally ACT decided to waive all penalties imposed during the strike, including 23 sackings.

The ITF said the Jordanian government committed itself to have grievances addressed by the national labour court.

ITF president Paddy Crumlin said: “The sudden police raid and the arrival of strikebreakers looked a lot like an attempt to break the union.

“Well, the result has been the opposite; the union has won and has been made stronger.”

At the same time in Bahrain, ITF fought successfully against APM Terminals’ plans to make 11 tug crew redundant.

FROM SCOOP (NZ):

Trade Union Wins in Aqaba Dispute

The ITF (International Transport Workers’ Federation) is pleased to announce that port workers at the Aqaba Container Terminals (ACT) facility in Jordan run by APM Terminals have gained a victory following international protests against a police roundup of union members.

Workers represented by the ITF-affiliated General Union of Port Workers went on strike last week over contract changes and ACT management’s failure to negotiate a collective bargaining agreement due since July. Almost as soon as the strike began police raided the site and arrested 150, including the union’s leaders. Despite this and the attempted pre-prepared use of strikebreakers, the union – buoyed by support from the ITF and its affiliated unions in the region and globally – maintained its strike. It has now won its case, including the company’s waiving all penalties imposed during the strike, in particular rescinding 23 sackings; and a renewed commitment from the Jordanian government to have its grievances addressed by the national labour court.

Paddy Crumlin, ITF president and chair of the ITF dockers’ section, commented: “Everything about this affair smacks of pre-preparedness: sudden provocative contract changes, refusal to negotiate, then as soon as industrial action is taken in response, a sudden police raid and the arrival of strikebreakers. It looks a lot like an attempt to break the union. Well, the result has been the opposite – the union has won and has been made stronger. It’s being applauded by workforces outside the terminal for its stand and for its strong friendships.”

Mahmoud Mansour, vice president of the General Union of Port Workers, commented: “This victory came not just from our members’ determination, but from the support of the ITF and its affiliates. Our workers never lost sight for a minute of how many colleagues were supporting us across this region and worldwide.”

Paddy Crumlin concluded: “This victory comes at the same time as another one in Bahrain, where Svitzer, which provides services to the terminal run by APMT, had planned to make 11 tugboat crew redundant. There union action and solidarity, especially from trade unions in the Arab World, has again triumphed, with all 11 either getting their jobs back or choosing to take compensation and voluntary redundancy.”