Asia and the Pacific

Trade union activities were brutally suppressed in many countries in the region. Hundreds of union activists were injured, in some cases very seriously, for seeking to ensure that their rights and those of their fellow workers were respected. Usually, such violence is perpetrated by the police, private guards employed by companies or thugs paid by companies or the authorities to crush union activities. Sometimes the repression result in deaths, as in Nepal, where police killed two union activists during a protest. But it was in the Philippines that the situation deteriorated most in 2008, the worst examples being the assassination of four trade unionists and the kidnapping and torture of another.

Governments and employers in the Asia-Pacific region use a wide array of tactics to undermine workers’ trade union rights. The measures include the massive use of temporary contracts (as in Indonesia, Cambodia and Pakistan) and recourse to legal provisions prohibiting ‘the obstruction of business’ as a means of harassing unions (particularly in South Korea). In many countries, industrial action ends up being declared ‘illegal’ owing to the complexity of the procedures that need to be followed by anyone wishing to organise a strike.

The list of ‘essential services’ invoked to suppress or limit the right to strike is often far longer than in the ILO’s definition of the term. This is particularly the case in South Korea, Thailand, Nepal and the Indian state of Tamil Nadu. In the Philippines, all civil servants are deprived of the right to strike, and the same ban applies in Japan, despite the promulgation of a law reforming the country’s civil service.

Numerous governments in the region are making it easier to violate trade union rights and exploit workers by starving labour inspectorates of resources, which often results in corruption among the inspectors. In several countries, labour courts or industrial tribunals are slow or inefficient, or else more inclined to mediation than to actually protecting workers’ rights.

Migrant workers are amongst the most frequent victims of violations of fundamental rights. In Singapore, Thailand, Malaysia and Taiwan, they are barred from becoming trade union officials. In Brunei they have no freedom of association. In South Korea, two leaders of the Migrants’ Trade Union were arrested and deported this year. In Malaysia, the authorities are aided by a corps of civilian volunteers to instil terror in migrant workers, who account for 15-20% of the workforce.

Domestic workers are only rarely given a chance to organise in order to defend their rights. Labour legislation either denies them the forms of protection guaranteed to other workers (as in Singapore) or prohibits them from forming unions (e.g. in Taiwan and Cambodia).

In China, several legal changes that entered into force in 2008 are more favourable towards collective bargaining, especially with respect to negotiating pay. However, China still bans independent trade unions. Those attempting to unionise groups of workers or organise protests are often arrested, with some given prison sentences and others condemned to ‘re-education through work’. Nonetheless, a very large number of strikes, which are frequently quashed by the local authorities, continue to take place.

As in China, the governments in North Korea, the People’s Democratic Republic of Laos and Vietnam force all unions to join the sole national trade union confederation, which is controlled by the government. In 2008, the Vietnamese government tightened up its legislation further to restrict the right to strike (though this has not prevented a rise in the number of illegal strikes). A new law governing union activities has also entered into force in Laos, but it does nothing to foster increased respect for workers’ rights. What is more, it bans work stoppages and strikes.

New legislation in Macau leaves the door open to the suppression of trade union activities. In Malaysia too, changes to legislation are hampering the development of independent unions, whilst it already takes a very long time for unions to gain recognition. Furthermore, many employers in the Asia-Pacific region exploit these delays before trade union elections or unions’ registration to sack trade union activists under false pretexts.

The military junta in Burma is continuing to ban any form of independent trade unionism and considers the Federation of Trade Unions of Burma (FTUB) to be an illegal, terrorist organisation. Dozens of trade union activists and members of their families are rotting in Burmese jails, where some are being tortured.

In Bangladesh, it was not until 17 December that the state of emergency was lifted. For nearly two years, it had been preventing normal union activity, thereby directly aggravating the exploitation of workers. Hundreds of workers were injured by police or factory guards during protests, and one worker died as a result.

Free trade zones are often synonymous with areas of anti-union activity, especially in Southern Asia. In Sri Lanka for example, union activists were suspended, demoted, fired and in some cases subjected to abuse. The general secretary of one union was threatened with kidnapping. In Bangladesh, strikes are banned in the so-called ‘free’ zones. In India, like many other countries, union representatives are not allowed to enter such zones.

The new Australian government introduced a reform of the law governing industrial relations to prevent the making of individual statutory agreements, known as Australian Workplace Agreements (AWAs), which took precedence over collective agreements. However, most of the employment laws adopted by the previous government have remained in force. In November, the government brought in a bill that gives workers more rights with regard to union representation and collective bargaining.

In Pakistan, the new legislation on industrial relations represents a step forward, however it still partially clashes with international standards, particularly as regards the restrictions on freedom of association.

There was some good news at the end of 2008: on 31 December the Supreme Court in Cambodia finally ordered the release (on bail) of Born Samnang and Sok Sam Oeun, who had spent nearly five years behind bars after being falsely accused of killing the union leader Chea Vichea. The Supreme Court also ruled that the matter be referred to the court of appeal for a retrial. Another good piece of news in 2008 was the adoption in the Maldives of a new Constitution and the country’s first legislation on employment, which recognises freedom of association.