International Conference to Defend and Promote the Rights of Migrant Workers in South Korea

From August 20 to 21, 2007 Korean Confederation of Trade Unions (KCTU) coordinated an International Conference to Defend and Promote the Rights of Migrant Workers was held in Seoul, South Korea.  The conference, which was being held in conjunction with the first anniversary of the Migrant Trade Union (MTU), was supported by the BWI, ILO, and Alliance for Migrants’ Equality and Human Rights.  The BWI was represented by two of its affiliates, the TEUPM of Malaysia and the Korean Federation of Construction Industry Trade Unions, an affiliate of the KCTU.  

The influx of migrant workers into South Korea began in the early 1990s during the height of South Korea’s economic development as South Koreans no longer wanted to work in the predominantly “3-D” jogs---Dangerous, Difficult and Dirty.  In 1990 there were only 49,500 migrant workers in South Korea; however, that number has increased ten fold.  Currently there are a little more than 400,000 migrant workers in South Korea and of this more than 50% are irregular.  The major reason that are large percentage are irregular is due to the failure of South Korean’s migration policy, most notably the Employment Permit System (EPS).  Despite the government’s claims that the EPS is a success, South Korean trade unions believe the EPS is a failure.  The major reasons for this are due to the prohibition of transfer of employers by migrant workers and the short time-frame of the work contract.

The international participants of the conference participated in a rally highlighting the problems with the EPS was held a day prior to the conference.  The rally, which was coordinated by the MTU and the Alliance for Migrants’ Equality and Human Rights drew over 500 migrant workers and supporters in the Seoul metropolitan area.  The main demands of the rally were to Stop the Crackdown; Condemn the EPS; and Protect Migrant Workers Rally.  After the rally the participants marched to Myongdeung Cathedral, the historic site of many sit-downs conducted by migrant workers in protest of the inhumane and unjust migration policies of the South Korean government.      

Manolo Abella, Chief Technical Adviser for the ILO Asian Regional Programme on Governance of Labour Migration opened the conference by giving a general overview of international labor standards in relation to migrant workers and how these standards can be used to ensure the protection of migrant workers’ rights.  In response, Kim Tae Hyun of the KCTU and Ellene Sana addressed the limitations of these standards and made recommendations as to how the standards can be strengthened to address challenges in ensuring the rights of migrant workers.

One of the highlights of the conference was the panel focusing on the organizing strategies on migrant workers both regular and irregular.  International speakers such as Nakazima Hirosjhi of ZENTOITSU of Japan and Khairul Anuar of the TEUPM highlighted their experiences in organizing migrant workers.  In return Kim Hyuk of the Korean Metal Workers Union and Kim Jin Eok of the KCTU Seoul Regional Council outlined the different strategies currently being implemented in South Korea.  

The crux of the discussion immediately following the panel focused on the advantages and disadvantages of organizing model based on an industry level as in the case of the Korean Metal Workers Union, regional level as in the case of the KCTU Seoul Regional Council, or a community level as in the case of JENTOITSU, or company level as in the case of the TEUPM.  In the end after much discussion, there was agreement that no one right model of organizing strategy worked and that different strategies needed to be implemented depending upon the circumstances of a particular country, company, community, and even the national origin of the migrant work force.  Nevertheless, it was clear that integration of organizing strategies was necessary in order for a campaign to be successful.  In addition, campaigns focused on migrant workers rights and policies also need to be entwined into the organizing strategy to garner support from the migrant work force.

Anna Maria Corral of the UGT of Spain, Rajeswari Raman of the MTUC, and Seok Kwon Ho of the KTUC address the national migration policies of their respective countries and the implications of these policies in the labor market.  In addition, they also outlined their union’s response to these migration policies as well as their union’s development in formulating a pro-migrant policy.

A special focus panel highlighted the situation of migrant workers in South Korea.  Kaziman, President of the Migrant Trade Union (MTU) gave a background to the history and struggle of migrant workers in South Korea, specifically the MTU’s campaign against the South Korean government’s policy of the Employment Permit System and the Industrial Trainee Program.  Choi Myeon Sun, Policy Director for the KFCITU presented on the uniqueness of South Korean migration law which addressed status of overseas Koreans working and living in South Korea, as the majority of migrant workers in the construction industry in South Korea are Korean Chinese.  Kwon Young Kook, a legal expert on migration law talked about the recent Seoul Appellate court decision which declared that irregular migrant workers can organize and join a trade union; thereby recognizing the formation of the MTU, as the majority of its members are irregular workers.  When the MTU, which is an amalgamation of migrant workers groups and unions within the Seoul metropolitan region, was formed last year it applied for union certification to the Ministry of Labour; however, their application was denied on the basis of its membership being irregular.  The Court’s decision clearly contradicted the government’s position and legally legitimized the MTU.

In the final panel Ellen Sana, Joselito Macalinao Natividad of the KMU; Chudamani B.K. Jungali of GEFONT, and Huh Young Kyu, Vice-President of the KCTU gave their perceptions on what were the responsibilities of trade unions and civil society groups in both sending and receiving countries to develop and strengthen regional networks to defend and promote the rights of migrant workers in the Asia Pacific region and in South Korea.  Since MFA is a regional network in itself consisting of civil society groups working on migrant workers issues, Ellen Sana talked about the work of MFA and on the specific areas in which the MFA could support the MTU.  Joselito Natividad pointed out the roots of migrant and cross border work while Chudamani Jungali presented the work of GEFONT in ensuring the rights of Nepalis working abroad.  

Vice-President Huh stated that migrant and cross border work should be viewed beyond the lens of an economic paradigm, as there are many political and social factors that are intrinsically linked with migrant and cross border work.  More importantly he noted that migration is never constant and it is always in transition mitigated by economic, political, and social circumstances and thus a country can be at one point a sending country and then a receiving country as in the case of South Korea.  Prior to South Korea’s economic development thousands of South Koreans went abroad to work in Germany, the Gulf region, United States, and Australia; however, today thousands of workers from Southeast Asia and Eastern Europe are working in South Korea.  

Two joint statements were passed at the conference.  One statement was issued in support of Anwar Hussain, former President of MTU.  Targeted by the South Korean government Hussain was forcibly arrested following the formation of the MTU during the middles of the night by several police officers.  He was later released due to poor health and on July 27 he voluntarily left for Bangladesh.  Immediately upon arrival at the Dhaka International Airport in Bangladesh he was arrested by the police on the guise of anti-South Korean and anti-government activities.  He is currently basically under “house arrest” and he must report to the police station twice a week to report on his daily activities.  The second statement focuses on the commitment of the participants to work together to defend and promote the rights of migrant workers.