ILO Calls for an End to Repression of Migrants’ Union Rights in MTU Case!!!!
On March 25 the Governing Body of the ILO adopted a report made by the Committee on Freedom of Association supporting the right of migrant workers in Korea, regardless of status, to form and join labor union and calling for an end to measures such as targeted arrests and deportations aimed at interfering with their union activities. This report, issued in response to a complaint submitted by the International Trade Union Confederation (ITUC) and the Korean Confederation of Trade Unions (KCTU) concerning the case of the Migrants Trade Union, is an important victory for migrant workers seeking to organize, not only in Korea, but also around the world.
Background of the Case
In December 2007, ITUC and KCTU submitted a complaint to the ILO Committee on Freedom of Association (CFA) in relation to repression by the South Korean government against the Migrants Trade Union (MTU), a union formed by undocumented migrant workers in 2005. Since MTU’s founding the South Korean Ministry of Labor has refused to register it as a legal union alleging that undocumented migrant workers’ rights to freedom of association are not protected under South Korean law. On February 7, 2006, the Seoul High Court, finding the government’s arguments to be incorrect, ruled that the right of undocumented migrant workers to form and join unions of their choosing is protected under the South Korean Constitution and labor law and that MTU’s legal union status should therefore be recognized. Refusing to accept this ruling, the Ministry of Labor appealed this ruling to the Supreme Court where a decision is still pending. In the meantime the government has step up its repression against MTU, arresting and deporting its leadership twice, once in December 2007 and once in May 2008. Despite these attacks MTU has continued to carry out union activities and has maintain the firm stance that all workers, regardless of status, have the right to form and join trade unions of their choosing.
Content of the CFA Report
The CFA’s report clearly affirms this position. In relation to the Government’s argument against the union rights of undocumented migrant workers the Committee states:
The Committee recalls in this regard the general principle according to which all workers, without distinction whatsoever, including without discrimination in regard to occupation, should have the right to establish and join organizations of their own choosing [Digest, op. cit., para. 216]. The Committee further recalls that when examining legislation that denies the right to organize to migrant workers in an irregular situation – a situation maintained de facto in (the MTU) case – it has emphasized that all workers, with the sole exception of the armed forces and the police, are covered by Convention No. 87, and it therefore requests the Government to take the terms of Article 2 of Convention No. 87 into account in the legislation in question [Digest, op. cit. para. 214]. The Committee also recalls the resolution concerning a fair deal for migrant workers in a global economy adopted by the ILO Conference at its 92nd Session (2004) according to which “[a]ll migrant workers also benefit from the protection offered by the ILO Declaration on the Fundamental Principles and Rights at Work and its follow-up (1998). In addition, the eight core ILO Conventions regarding freedom of association and the right to bargain collectively, non-discrimination in employment and occupation, the prohibition of forced labour and the elimination of child labour, cover all migrant workers, regardless of status.
In its recommendations to the South Korean government the Committee states:
The Committee request to the Government to avoid in the future measures which involve a risk of serious interference with trade union activities such as the arrest and deportation of trade union leaders shortly after their election to trade union office and while legal appeals are pending.
These statements demonstrate unequivocal support for undocumented migrant workers’ right to freedom of association by the most authoritative international voice on labor rights. What is more, they make it clear that use of tactics such as the arrest and deportation of union leaders in order to interfere with union activities is a violation of international labor law regardless of the immigration status of the union leaders in question. The report therefore sets important precedents, which have meaning for migrant workers seeking to organize all over the world.
While the CFA report does not make a final recommendation specifically with regard to MTU’s legal union status, it does affirm the Committees right to examine this issue before “the exhaustion of national procedures”—that is before the Supreme Court decision is issued—and states that the Committee intends to do so at its November 2009 meeting.
While there are subsidiary issues involved in the Supreme Court case, we believe the central question concerns whether undocumented migrant workers have the right to form and join unions. Thus, we are hopeful that based on the principles state in this report the CFA will recommend that the government recognize MTU’s legal union status after its November meeting. We hope as well, although we cannot expect, that the Supreme Court decision will be the same.
Whatever the outcome in these two cases, however, they do not detract from the unequivocal statement of support for undocumented migrant workers’ rights to unionize in the March 25 report. We wish therefore to share this victory with you, and hope that it will be an inspiration for the movement for migrant workers’ rights everywhere. We also hope it can be a concrete tool for those unions and organizations who are engaged in legal battles regarding migrant workers’ rights to freedom of association.
For more please check out:
http://www.nodong.org/bbs/zboard.php?id=eng_action
On March 25 the Governing Body of the ILO adopted a report made by the Committee on Freedom of Association supporting the right of migrant workers in Korea, regardless of status, to form and join labor union and calling for an end to measures such as targeted arrests and deportations aimed at interfering with their union activities. This report, issued in response to a complaint submitted by the International Trade Union Confederation (ITUC) and the Korean Confederation of Trade Unions (KCTU) concerning the case of the Migrants Trade Union, is an important victory for migrant workers seeking to organize, not only in Korea, but also around the world.
Background of the Case
In December 2007, ITUC and KCTU submitted a complaint to the ILO Committee on Freedom of Association (CFA) in relation to repression by the South Korean government against the Migrants Trade Union (MTU), a union formed by undocumented migrant workers in 2005. Since MTU’s founding the South Korean Ministry of Labor has refused to register it as a legal union alleging that undocumented migrant workers’ rights to freedom of association are not protected under South Korean law. On February 7, 2006, the Seoul High Court, finding the government’s arguments to be incorrect, ruled that the right of undocumented migrant workers to form and join unions of their choosing is protected under the South Korean Constitution and labor law and that MTU’s legal union status should therefore be recognized. Refusing to accept this ruling, the Ministry of Labor appealed this ruling to the Supreme Court where a decision is still pending. In the meantime the government has step up its repression against MTU, arresting and deporting its leadership twice, once in December 2007 and once in May 2008. Despite these attacks MTU has continued to carry out union activities and has maintain the firm stance that all workers, regardless of status, have the right to form and join trade unions of their choosing.
Content of the CFA Report
The CFA’s report clearly affirms this position. In relation to the Government’s argument against the union rights of undocumented migrant workers the Committee states:
The Committee recalls in this regard the general principle according to which all workers, without distinction whatsoever, including without discrimination in regard to occupation, should have the right to establish and join organizations of their own choosing [Digest, op. cit., para. 216]. The Committee further recalls that when examining legislation that denies the right to organize to migrant workers in an irregular situation – a situation maintained de facto in (the MTU) case – it has emphasized that all workers, with the sole exception of the armed forces and the police, are covered by Convention No. 87, and it therefore requests the Government to take the terms of Article 2 of Convention No. 87 into account in the legislation in question [Digest, op. cit. para. 214]. The Committee also recalls the resolution concerning a fair deal for migrant workers in a global economy adopted by the ILO Conference at its 92nd Session (2004) according to which “[a]ll migrant workers also benefit from the protection offered by the ILO Declaration on the Fundamental Principles and Rights at Work and its follow-up (1998). In addition, the eight core ILO Conventions regarding freedom of association and the right to bargain collectively, non-discrimination in employment and occupation, the prohibition of forced labour and the elimination of child labour, cover all migrant workers, regardless of status.
In its recommendations to the South Korean government the Committee states:
The Committee request to the Government to avoid in the future measures which involve a risk of serious interference with trade union activities such as the arrest and deportation of trade union leaders shortly after their election to trade union office and while legal appeals are pending.
These statements demonstrate unequivocal support for undocumented migrant workers’ right to freedom of association by the most authoritative international voice on labor rights. What is more, they make it clear that use of tactics such as the arrest and deportation of union leaders in order to interfere with union activities is a violation of international labor law regardless of the immigration status of the union leaders in question. The report therefore sets important precedents, which have meaning for migrant workers seeking to organize all over the world.
While the CFA report does not make a final recommendation specifically with regard to MTU’s legal union status, it does affirm the Committees right to examine this issue before “the exhaustion of national procedures”—that is before the Supreme Court decision is issued—and states that the Committee intends to do so at its November 2009 meeting.
While there are subsidiary issues involved in the Supreme Court case, we believe the central question concerns whether undocumented migrant workers have the right to form and join unions. Thus, we are hopeful that based on the principles state in this report the CFA will recommend that the government recognize MTU’s legal union status after its November meeting. We hope as well, although we cannot expect, that the Supreme Court decision will be the same.
Whatever the outcome in these two cases, however, they do not detract from the unequivocal statement of support for undocumented migrant workers’ rights to unionize in the March 25 report. We wish therefore to share this victory with you, and hope that it will be an inspiration for the movement for migrant workers’ rights everywhere. We also hope it can be a concrete tool for those unions and organizations who are engaged in legal battles regarding migrant workers’ rights to freedom of association.
For more please check out:
http://www.nodong.org/bbs/zboard.php?id=eng_action
