 Campaign
to support the Free Trade Zone Workers Union of Sri Lanka
September 2001
Source: FTZWU and TIE-Asia
For more information, please contact FTZWU (e-mail: ftzunion@diamond.lanka.net)
or TIE-Asia (tieasia@sri.lanka.net)
Freedom of Association in Sri Lanka: At a Critical
Juncture
Freedom of association (FoA) and the right of workers
to organise in the Free Trade Zones of Sri Lanka is currently at
a critical juncture. A strong and concerted effort now, nationally
and internationally is imperative if workers are to be able to organise,
form and have recognised unions of their choice. Without this effort,
these rights will not become a reality and risk being lost for a
long time to come.
This document aims to outline the current situation regarding FoA
and the right to organise in the FTZ of Sri Lanka through:
Brief Background on the FTZs of Sri Lanka
Free Trade Zones (FTZ) are a part of the prevailing economic rationalist
ideology which is today being touted as "the only" economic
paradigm, synonymous with globalisation, despite numerous other
economic and other alternatives existing. Free Trade Zones are a
key aspect of export orientated development strategy, which is seen
as central to the industrialisation or "liberalisation"
of the economy of developing countries. Governments conforming to
IMF and World Bank structural adjustment policies , including the
view that economic growth was dependant upon industrialisation,
embarked on a process of trade liberalisation and provided generous
concessions, infrastructure and cheap, subservient labour to foreign
investors, who established factories for export orientated goods
to their countries.
Sri Lanka was the first South Asian country to change from import
substitution, which included protective tariffs, and import controls
to an export orientated economy. In 1977 under then President Jayawardena,
regulations protecting local industry gave way to regulations for
the protection of foreign investors. The first Free Trade Zone (FTZ)
was established at Katunayake (near to the airport and capital Colombo)
in 1978.
Over 100,000 workers are directly employed inside the FTZs of Sri
Lanka. 75% of workers are single women. These women have migrated
from their villages in rural areas to work in the zones. The average
age of women workers is between 20 - 29 years. Women are preferred
as workers in the FTZs as they are seen as a more flexible work
force for employers, easily manipulated and less likely to demand
their rights. Women working in factories have a poor image and marriage
ads in major Sri Lankan newspapers often state "no factory
girls".
Some examples of conditions for workers inside the zones include:
- Being forced to work long hours of overtime to reach unrealistically
high production targets;
- Denial of legal entitlements, with leave being extremely difficult
to take;
- Excessive fines and penalties: ranging from being late; sick;
not reaching production targets and refusing compulsory overtime.
Bonuses, fines and penalties are complex and workers frequently
can not calculate how much they will earn each month;
- Repression of the right to organise form a union or bargain
collectively;
- Poor or non existent Occupational Health and Safety practices;
- Frequent sexual harassment and imposition of inhumane restrictions
such as a time limit per week for going to the toilet;
- Lack of transportation, especially after late night shifts;
- Misrepresentation by the Board Of Investment (BOI) of labour
law and frequent attempts to circumvent the law or to make it
more "flexible" for employers.
Conditions outside of the factory in the FTZs are no better. There
is a lack of adequate infrastructure and housing, transport and
medical facilities remain poor. Sexual harassment is also an issue.
Workers live in a single cramped room, in a boarding house, often
10 - 12 women share a room, 10ft x 12ft and cook inside the room.
Frequently there is no electricity and a shortage of fresh water.
Ventilation and sanitation systems are usually inadequate.
Outside of the FTZs, conditions for workers are poor and wages
are often lower than in the FTZs, however there is more freedom
for unions to be formed and the living conditions are generally
better as workers tend to stay within their village community.
Workers wages are spent on survival: food; accommodation; transport
to and from the factory; and a small amount remitted to their family;
sometimes workers over several years save some money for marriage-women
towards their dowry. Pay levels are based on the minimum wages concept
and are between US$1.04 to USD$1.49 per day, these are further reduced
by remittances and the continual devaluation of Sri Lanka's currency,
the rupee. The World Bank defines extreme poverty as USD$1.00per
day. This means working for poverty wages.
The right to form a union and for workers to organise and collectively
bargain exists , however, in reality these rights are prevented
from being exercised. A recent amendment to the Industrial Disputes
Act prior to Presidential elections in December of 1999, which required
that unions be recognised in a workplace if 40% or more workers
in the workplace belonged to a union, has not led to recognition
of unions by employers in the workplace.
Existing labour laws would give some space for workers' freedom
if they were implemented. However, they are not. This means that
workers' human rights are repressed. It is the non implementation
of labour laws and fundamental rights combined with violence and
thuggery towards workers who organise and emergency regulations
that repress workers. This repression coupled with the virtual break
down of the judiciary, due to the prolonged war means that there
is virtually no redress for workers against these injustices.
On 3rd May 2000, the Emergency Regulations were extended by the
Public Security Ordinance. This ordinance banned "all activities
designed to encourage terrorism and disrupt the normal activities
of the people" including demonstrations, pickets, strikes and
some public meetings. These Emergency Regulations have lapsed due
to the government loosing support in Parliament and the subsequent
proroguing of parliament by the President on 6th July 2001. However,
the Prevention of Terrorism Act has been strengthened and now has
the same effect as the Emergency Regulations did.
It is within this context that workers are fighting for the right
to organise and form independent and democratic unions, for labour
laws to be implemented and for improvements to their conditions.
Formation and Repression of the Free Trade Zone Workers Union
(FTZWU)
As mentioned in the introduction, freedom of association and the
right to organise and collectively bargain legally exists. However,
in reality it does not. Employers simply refuse to recognise unions
once they are formed.
In January of 2000 the Free Trade Zones Workers Union was formed,
covering all three FTZs and this has received recognition, its branches
however have not, as yet. This situation is similar for everyone
who is organising unions in the zones. Recognition by employers
of factory branch unions is necessary for unions to be able to bargain
and put forward demands and grievances.
Workers Councils
Under the United National Party (UNP) Freedom of Association in
the FTZ was repressed, instead employers nominated workers to an
Employees Council. The UNP governed Sri Lanka for 17 years from
July 1977 to July 1994.
Prior to elections in 1994 the opposition People's Alliance (PA)
campaigned on a platform of allowing unions into the zones. After
winning the PA reneged on this promise due to pressure from foreign
investors, instead proposing the formation of Workers Councils.
Workers Council representatives were elected by a secret ballot
of workers and they were able to take up some issues within the
factory and win some demands. The major problems of Workers Councils
were that they did not represent full freedom of association, only
dealt with issues within the factory and representatives were not
accountable to the workers who elected them. Interference in elections
and bribery of elected representatives also occurred.
After the election of the PA Government the Minister of Labour
prepared to table in Parliament a Workers Charter, allowing full
FoA and progressive improvements to workers rights. The Minister
was removed the day before he was due to table the Workers Charter
Bill due to pressure exerted by foreign investors on the government.
Aware that Workers Councils were not an alternative to unions workers
saw the opportunities that they could open for organising, resolving
workers problems and most importantly their potential as a vehicle
for eventually forming unions. However, for individual councils
to be effective they needed to be brought together collectively.
The Joint Association of Workers and Workers Councils of the Free
Trade Zones of Sri Lanka was formed in June 1996 as a vehicle for
organising workers in the Free Trade Zone and eventually forming
a union. This goal was realised in January 2000 when the Free Trade
Zones Workers Union was formed.
December 1999 the Joint Association posed an open question to all
Presidential candidates asking them "will you ensure freedom
of association for the workers in Free Trade Zones. If so, how will
you implement this?" Replies were received from all candidates
except the incumbent President who was recontesting (President Chandrika
Bandaranaike Kumaratunga) and the UNP candidate.
The BOI also unilaterally intervened and changed the guidelines,
by removing most of the positive aspects of the functioning of Workers
Councils, making them even less relevant to workers. The Joint Association
exposed this development.
On the 23rd January 2000, workers from all three FTZs gathered
to form the Free Trade Zones Union of Sri Lanka. This new democratic,
independent trade union, with a majority of women on the Executive
Committee and as members, is the first of it's kind in the Free
Trade Zones and is an exciting development for the zone workers
of Sri Lanka.
The Union is registered but the real challenge will be for it to
recognised in the factories and the zones by both management (including
foreign investors) and the Board of Investment. An amendment to
the industrial disputes act was passed in parliament in December
1999, prior to Presidential elections, requiring that employers
recognise a union in the factory as the bargaining agent, where
40% or more workers belong.
Factory branches of the FTZU are being denied recognition by factory
management. Workers who form factory branches have been beaten and
in some cases arrested when the branch has tried to negotiate and
resolve grievances with management. They have also been dismissed,
harassed and intimidated and in two instances the factory has actually
closed down when branches of the FTZWU were formed.
Lack of Recognition of FTZWU Branches
Since its inception the FTZWU has formed eleven branches, six in
the garment industry, of these only one has been recognised legally
including by the employer. Of the ten FTZWU branches awaiting recognition,
four have been smashed.
Recognition for the remaining FTZWU branches is being pursued through
the courts and through campaigns.
FTZWU Branches Struggling for Recognition
Cosmos Macky Branch
Cosmos Macky is one of the biggest factories within the Katunayake
FTZ. In December of 2000 workers struck for equity in their end
of year bonus. Negotiations facilitated by the Commissioner of Labour
reached an agreement and workers returned to work. However, management
did not honor this agreement. Workers wore white to work in protest.
Management paid the bonus and then closed the factory. When the
factory reopened 6 days later, 18 workers including leaders of the
previous strike were transferred to Colombo. Workers went on strike
demanding the cancellation of the transfers, management finally
agreed to this demand. It was at this point the factory branch was
established.
Management found at that a union had been established and accused
the union of trying to drive foreign investors from the country.
On the 5th January 2001, the Union officially informed management
of the formation of the branch. Management refused to accept the
registered letter.
Shortly after two new people commenced work in the factory, management
spread the rumor that these workers were from the Presidential Security
Division. The union wrote a letter to the President to clarify this
matter, it has remained unanswered. This matter was also raised
with BOI representatives attending an ILO meeting, who upon checking
confirmed the two people were employed by the company and not the
Presidential Security Division. These two officers started a campaign
of harassment against the union members and officials. Examples
of harassment included asking union members not to talk branch office
bearers, new worker were asked not to join the union and they often
carried a baton to intimidate union members.
The branch Secretary and President submitted a written complaint
to Management, after which management threatened to hand them both
over to the police. The union wrote to management asking them to
desist from these illegal activities. Management responded in writing
stating that the company follows the rules and regulations of the
Department of Labour and the BOI, "and not instructions from
any Trade Unions, because trade union activities are prohibited
by the BOI (Board of Investment) in the zone."
The union has written to the BOI asking to clarify their position,
they have not yet responded. The union has also sent letters to
the Minister of Labour and to the ILO Office, Colombo asking them
to intervene and ensure that the laws of Sri Lanka are upheld.
Management then transferred two key leaders, workers protested
and 62 workers, including branch officials were dismissed in an
attempt to weaken the union. This attempt to weaken the union has
been successful, workers are still members of the union however
they are not taking up issues with the management due to fear.
Cosmos Macky is a Korean/Sri Lanka joint venture company, producing
sports and ski wear for export, under the Cosmack trademark and
is located in the Katunayake FTZ.
Fine Lanka Branch
In the case of Fine Lanka Luggage Ltd, 858 workers lost their jobs
for forming a union and the factory closed in March of 2000. The
factory recently reopened in May of 2001, with the assistance of
local politicians, employing a smaller number of non unionized staff
and 60 of the original and unionised employees under stringent conditions.
The conditions were, they withdraw their names from the current
court case against the factory, agree to a probation period and
do not claim back pay for the period that they were locked out of
the factory. Fine Lanka produced labels for: buyers Federated Department
Stores (Charter Club & Metropolis labels); Sears Roebuck (Forecast
Mendocino); J.C.Penney and Co (Protocol and Support Tech); R.H.
Macy & Co Inc; High Sierra Sports Co (High Sierra), additional
labels included Travel Gear, Atlantic, Jeep and Sports Plus.
The FTZWU launched a national and international campaign including
a solidarity appeal to support Fine Lanka workers. As part of the
campaign, letters were also sent to owners and buyers of the brand
labels above in October 2000 explaining that their codes had been
breached and requesting them to intervene and force the management
of Fine Lanka to resolve the dispute in accordance with the labour
laws of Sri Lanka and their code. To date no response has been received
by the owners or buyers.
Nationally this case was highlighted and supported within the trade
union movement. In Parliament, during the budget debate this dispute
was raised by a member of parliament who sought the immediate intervention
of the Minister for Labour to settle the dispute. The Minister intervened
and agreed to refer the case to arbitration. At present, the Minister
is reluctant to refer cases to arbitration due to an extreme lack
of resources. This is the first arbitration case to be heard where
the union is a party. Workers also protested outside the Labour
Commission when their case was being heard before the Commissioner
of Labour.
His was a serious blow to the newly formed FTZWU, as the then President
of the Union was from this branch and a number of the founding members.
The branched union was formed in April 2000, however workers belonged
to the union before they formed a branch. The branch membership
was 90% of the factory workforce. The arbitration case in the Industrial
Court continues with dismissed workers seeking reinstatement.
(Sept.1999 CCC-urgent appeal on Fine Lanka
Luggage Ltd)
Joy Lanka Branch
Membership of the Joy Lanka factory union was 90%. The union informed
management of the formation of the branch union in a letter dated
25th April 2000. Immediately upon receipt of the letter management
ordered all members to report to work in another factory saying
the company was running at a loss. Workers refused to accept the
order, so management refused to offer employment. In a letter dated
28th April 2000 Management then made an application to Termination
Unit of the Labour Department seeking permission to terminate the
services of the 107 workers, all members of the union, who refused
to work in the other factory. Their salary was not paid (a requirement
under Sri Lankan law) whilst a decision on the case was pending.
Workers who were refused work held a picket outside the factory
for 8 weeks. With no money they could not sustain the picket.
The union lodged a complaint with the Commissioner of Labour regarding
the termination arguing that union members had been discriminated
against, the well established principle of "last on first off"
had been violated and non payment of wages while the case was being
decided. It was union members who had been at the factory the longest.
At the inquiry the union through their witnesses proved both the
violation of the principle and union victimization (permission to
terminate was requested for all workers who were union members).
However, because the Labour Department practiced the unwritten
policy of not taking steps against Investors, the workers were terminated.
The Commissioner in his order refused to accept that victimization
of the union had occurred. He did order payment of salary and termination
benefits and did not reject the principle of "last on first
off". The company has filed a writ application with the Appeal
Courts stating that the compensation order by the Commissioner is
to high. Therefore workers have not yet been paid any compensation.
The union is also challenging the Commissioners order giving permission
to terminate in the Appeal Court.
Because of the anti-union attitude of the management the minority
membership who remained in the factory became frustrated and became
inactive. Joy Lanka management closed the factory last month. Joy
Lanka were producing the label Echo Bay.
Bensiri Rubber Products Branch
This company is situated in the Katunayake FTZ, is Indian owned
and produces surgical gloves and hot water bottles for export. The
FTZWU Branch was formed in April 2000 and soon after management
was informed. Management repeatedly refused to recognise the branch
union, despite the union representing over 60% of workers in the
factory. Instead, management formed a workers council and used this
to bypass the union. The FTZWU lodged a complaint with the area
Assistant Labour Commissioner who called six conferences to try
to resolve the matter, management did not attend one. The labour
department decided to file action against the management, however,
this never eventuated.
In May 2001, new Sri Lankan management took over from the Indian
management and requested workers to meet increase production targets.
Members of the branch union protested, management responded with
a threat to close down the factory. The area Assistant Commissioner
of Labour intervened, however the branch opposed his intervention
due to non settlement of their outstanding matter of union recognition
and the case was referred to the central Labour Department, along
with a complaint against the Assistant Commissioner. The branch
union is refusing to negotiate on an increase in production targets
until the branch is recognised.
Again Management refused to attend. At the second discussion attended
by management the Commissioner of Labour advised them to recognise
the union. The union submitted the necessary documents to Management,
however to date there has been no response and management refused
to attend the last discussion.
The branch union continues to grow and is a strong factory floor
union.
Dulon Zipper Branch
Dulon Zipper is a Korean-owned factory located in the Biyagama
FTZ, making zippers for export and for the local market. The branch
was formed in December 2000, over 90% of workers belong to the union,
management has been informed and has so far refused to respond to
the union's letter. Management have told branch officials, verbally,
that they are not going to recognise the union.
Again, the FTZWU has made a complaint to the Labour Department
who has called three meetings, management have refused to attend
all of these.
In the meantime management have called for nominations for a workers
council, union branch officials nominated for workers council positions
and were elected by the workers. However, the dispute for recognition
of the branch union, currently before the Commissioner of Labour
continues.
Skyspan Asia Branch
Skyspan Asia is situated in the Biyagama FTZ it is a German/British
and Sri Lanka Joint Venture Company that makes fabric fireproof
membrane structures for export. They were commissioned to make fireproof
shelters following the disaster in 1997 in Mecca, in which approximately
300 pilgrims died.
The FTZW factory branch was formed in September 2000, management
were informed and given the requisite paperwork. Management of this
factory belongs to the Employer Federation of Ceylon. Management
agreed to recognise the union and deduct union fees, provided that
the FTZWU signed an agreement with them, which included prohibition
of the right to strike. The FTZWU refused to sign this agreement.
The union was recognised, however, management refused to deduct
union fees from workers wages.
Around the same time management asked the union for permission
to terminate 52 workers, all union members, stating as the reason,
excess employees, the union refused. In April 2001 the company stopped
paying the 52 workers and the union lodged a complaint with the
Labour Commissioner who accepted the union's position and ordered
the company to pay. The case of unlawful termination is currently
before the Commissioner.
Management has stated verbally to branch union officials that because
the union is not behaving in a responsible manner they are considering
derecogniton of the union.
Investigations in Germany reveal that Skyspan Germany is located
in a remote area of the country and that there is no Works Council
or Union in the factory, which is mainly used for design. Skyspan
has a factory or company in Victoria, Australia under the name of
"Skyspan (Pacific) Pty Ltd" and in the UK (Salisbury)
under the name "Skyspan UK Ltd".
Branch members have raised the termination with the companies Foreign
Directors when they visited Sri Lanka. Their response was that this
was a matter for Sri Lankan directors to decide.
Management attempts to control the branch by saying that the factory
could close at any time.
Topstar Branch
Topstar is a Korean-owned textile factory operating in the Biyagama
FTZ. It produces power loom and knit fabric for export and for the
domestic industry. A factory branch, with 60% membership, was formed
in March 2001 and management was informed. Management has told members
that they will not recognise the union. The FTZWU made a complaint
to the Commissioner of Labour who called three discussions, which
management refused to attend. The FTZW has asked the Commissioner
of Labour to prosecute them under the Industrial Disputes Act for
failing to recognise the union.
In the remaining four branches the FTZWU does not yet have 40%
membership so management has not yet been informed. Membership recruitment
is currently underway. These branches are close to obtaining 40%,
we expect difficulties once management of these companies are informed.
Other Critical Issues
Proposed changes to overtime legislation from 100 hours PER YEAR
to 80 hours PER MONTH for women workers, in response to pressure
from buyers, investors and brand label owners have been reported
in previous appeals. This is still a worrying issue.
This worry has been compounded by a "package" of law
reforms that the IMF is insisting upon as a condition for granting
the latest stand by loan to Sri Lanka. This package includes:
- The changes to the overtime legislation (mentioned above, more
detailed information on this issue is available on request);
- 14 days notice of strike, currently there is no notice required;
- Changes to the termination act, making it easier for workers
to be terminated; Replacement of tripartite wages boards with
productivity councils.
These are serious changes and the FTZWU along with the Industrial
Transport and General Workers (ITGWU) and a few other unions have
been spearheading a campaign, which is growing in popularity and
support, for the past 12 months. Currently 30 unions are participating
in this massive national campaign opposing these changes. Actions
so far have included:
- Submitting a memorandum opposing the proposed amendments to
the Ministry of Labour, with copies to the ILO in Geneva, Asia
and Sri Lanka;
- Regular campaign meetings;
- A press conference on the issue;
- Preparation of a poster campaign opposing the changes;
- Further actions are being considered;
- Each union will try to use their international contacts and
bodies to apply pressure to the government.
Additionally, prices for essential items have increased dramatically
due to:
- The free float of the Sri Lankan rupee;
- Increased prices of diesel and gas on the world market;
- The airport attack (which has and will continue to have a negative
impact on the economy);
- The war, currently there is a National Security Levy on all
services (electricity, telephone etc.) this has been increasing
each year and is currently 8.11%, this is on top of 12.5% GST;
- Power cuts, every evening because the dams are very low;
Sri Lanka relies heavily on remittances from abroad, especially
workers to the Middle East, airfares have increased to the Middle
East (because of the airport attack) so less workers will go.
Prices have increase, but wages have not, already employers are
using the crisis in the economy to lobby government not to increase
wages in the private sector including the FTZs.
As part of the campaign for recognition of freedom of association
the Progress Union (another new and independent union operating
in the FTZs) it was decided that the Progress Union would file a
writ application before the Court of Appeal to force the Commissioner
of Labour to implement the Industrial Dispute amendment (that allows
for the recognition of a union as a bargaining agent in the factory
if it has 40% more members belonging to it). The Court has asked
the Minister of Labour, The Commissioner of labour and the BOI to
file their objections. After this the case will be heard. The progress
union also has several branches that are not being recognised at
the factory level.
Action Update
The various actions taken so far for each branch and overall by
the FTZWU to achieve recognition for it's factory branches have
been outlined in the respective paragraphs above.
Additional to the actions already listed the FTZWU has:
- Raised this issue at every National and International forum
it or others familiar with the issue have attended;
- May Day 2001 was celebrated jointly with Unions operating in
the FTZs highlighting the rights of unions to organise in the
FTZ and opposing the Labour Law amendments;
- Participation in ILO, Sri Lanka, Tripartitie Workshop where
this issue was raised and a commitment was given from the Government,
Employers and BOI to implement the amendment in the FTZ. A plan
of action was agreed. We are now following up the implementation
of this plan with the ILO;
- Raised this issue through the Alliance for Democracy. The Alliance
for Democracy is a network consisting of 80 organisations, the
majority being trade unions, who came together to demand free
and fair elections. This Alliance has remained active and now
campaigns on broader issues of democratic rights;
- Poster campaign with six other unions highlighting the non implementation
of the 1999 amendment to the Industrial Disputes Act;
- Education and training at the factory floor level and amongst
activists and organizers through existing training programmes
has occurred;
- Stories have been documented and translated into local languages.
Action and solidarity have occurred at the National and international
level on the issue of FoA and the right to organise generally and
in respect of specific cases, but it is not enough. This campaign
needs to stepped up and continued until unions are recognised at
the factory level in the FTZs of Sri Lanka.
We are asking you to help us with this campaign, regular campaign
updates will be published. The next section outlines the various
actions that can be taken.
What you can do
Below is a list of actions and activities that will assist the
workers of Sri Lanka in having their unions recognised. Please do
what you can and remember to send copies of any activities or correspondence
to: ftzunion@diamond.lanka.net
Or
FTZWU
141 Ananda Rajakaruna Mw
Colombo 10
Fax: + 94 74 617 711
- Send Letters
- Solidarity Messages
- Educate
- Donate
- Circulate this appeal widely
Other suggestions and ideas are welcome. If you have any questions
please contact us.
1. Send Letters
To:
Her Excellency
President
Chandrika Bandaranaike Kumaranatunga
Presidents House
Colombo 1
SRI LANKA
Fax: +94 1 333 703
And
Her Excellency
President
Chandrika Bandaranaike Kumaranatunga
Presidential Secretariat
Colombo 1
SRI LANKA
Letters to the President should make the following points:
- Urge to President to intervene and ensure that foreign investors
and employers who are systematically violating workers human rights,
using the examples cited above, through failing to recognise unions
at the factory level, recognise these unions immediately;
- Urge the President to ensure that the ILO Conventions that Sri
Lanka is a signatory to (particularly no's 87 & 98) and the
laws of Sri Lanka are upheld;
- Direct the Ministry of Labour to resolve these outstanding cases,
in accordance with the provisions of the Industrial Disputes (amendment)
Act (No by recognising the unions legally formed in the factory;
- Point out that violations of laws by investors are a threat
to law and order in the entire country;
(a sample letter to the president can be
found here)
Mr. Mahinda Samaraweera
Minister of Labour and Employment
Ministry of Labor
Colombo 05
Fax: +94 1 588 950
Letters to the Minister of Labour should make the following
points:
- Urge the Minister of Labour to intervene to ensure that Officers
in his department, under his direction uphold the labour laws,
specifically freedom and association and the right to organise
and to recognise legally formed factory unions;
- Urge him to intervene to settle these urgent outstanding matters
as soon as possible;
- The Minister of Labour is vested with the welfare of the entire
workforce of Sri Lanka, enactment and enforcement of statutes
and regulations affecting labour and industrial relations and
ensuring compliance by Sri Lanka of all ILO Conventions ratified.
- It is worth noting that the current Minister of labour used
to be a Trade Union Official with one of the PA Government unions,
when the PA was in opposition and he was a trade union official
he vigorously promoted freedom of association and the right to
organise and opposed changes to labour laws that were detrimental
to workers, he was at one point stabbed for his efforts - how
people change!
(a sample protest letter to the Minister
of Labour and Employment can be found here)
Parent companies and Sri Lankan Management (addresses below)
urging them to ensure that local management of their factories uphold
the law to which they are bound and workers human rights.
Cosmos Macky
Samdo Trading Company Ltd
14-11 Yo Do Dong Young-Deung -Ku
Seoul
Korea
Cosmos Macky Industries Ltd
Ringroad 1
IPZ
Katunayake
SRI LANKA
Tel: +94 1 252 843 or 844
Fax: +94 1 252 857
Fine Lanka
Fine Corporation
1120-1 Hwaquk-Dong Kangseo-Ku
Seoul
Korea
Fine Lanka Luggage (Private) Limited
Export processing Zone
Katunayake
SRI LANKA
Tel: +94 1 252 681 or 682
Fax: +94 1 252 680
Joy Lanka
Director
Kyoo Yoon Choi
58 Honhyun-Dong
Kangnam Gu
Seoul
Korea
Joy Lanka (Pvt) Ltd
Biyagama Export processing Zone
Walgama
Malwana
SRI LANKA
Tel: +94 1 465 069
Fax: +94 1 465 354
Bensiri
Bengal Waterproof Ltd
41 Shakespeare Sarani
Calcutta 700017
India
Bensiri Rubber Products (Private) Ltd
Export Processing Zone
Katunayake
SRI LANKA
Tel: +94 1 252 089
Fax:+94 1 253 041
Dulon Zipper
Director
Tae Seo Mo
982-1 Bangbase-Dong, Seocho-ku
Seoul
Korea
Dulon Zippers (Pvt Ltd)
Biyagama Export processing Zone
Walgama
Malwana
SRI LANKA
Tel:+94 1 465 300 or 301, 302, 303, 304 - 307
Fax:+94 1 465 354
Skyspan
Skyspan Asia (Pvt) Ltd
Lot No: 41
Biyagama Export processing Zone
Biyagama
Sri Lanka
Skyspan (Europe) GMBH
Nordtrabe 10,
D-83253 Rimsting, Germany
e-mail: europe@sykspan.com
Skyspan (UK) Ltd
The Prtway Centre
Old Sarum, Salisbury,
Wiltshire SP4 GEB
UK
Skyspan (Pacific) Pty Ltd
PO Box 434
Moorabbin 3189
Victoria
Australia
e-mail: pacific@skyspan.com
Topstar
Director
Sung Jo Jung
Rm No. 201, 2nd Floor, Doo Yon Building
636-2- Myonmokdong, Jun Grangku,
Seoul
Korea
Topstar Lanka (Pvt) Ltd
Biyagama Export processing Zone
Walgama
Malwana
SRI LANKA
Tel:+94 1 465 137
Fax:+94 1 465 138
Governments in your country (where foreign investors come
from, as indicated in the report, above, on branches). Urging them
to ensure that investors from their countries, investing in other
countries do not violate workers human rights, specifically freedom
of association and the right to organise and local labour laws,
using examples given. You might also be aware of relevant guidelines
and regulation that can be quoted.
The ILO Office, Colombo , with copies to the ILO Geneva
Headquarters:
Director
ILO Area Office, Colombo
PO Box 1505
Colombo
SRI LANKA
Tel:+94 1 500 539
Fax:+94 1 500 865
Cc Director
ILO
4 route des Morillons
CH-1211 Geneva 22
Switzerland
www.ilo.org
Letters to the ILO should urge them to intervene and meet with
The President, Government, the Board of Investment, Foreign Investors
and Employers to put forward the examples where unions have been
denied the right of recognition as is required by law and in accordance
with the ILO Conventions number. Request that the president and
Government immediately remedy this situation.
The Sri Lankan Human Rights Commission
Human Rights Commission of Sri Lanka
Kingsley Terrace
Colombo 8
SRI LANKA
Letters to the Sri Lankan Human Rights Commission should:
- Outline the facts and request that the Commission investigates
and takes appropriate action to ensure all workers human rights,
currently being violated are upheld, including the right to organise
and freedom of Association
2. Solidarity Messages
Send Solidarity messages supporting members of the FTZW Union to
ftzunion@diamond.lanka.net
fax: + 94 74 617 711
3. Educate
Educate workers and the general public in you country on these
issues and the living and working conditions of Sri Lankan workers
(additional information is available on request).
4. Donate
The union collects membership fees each month from members for
its operation and activities. However, the legal bills over the
past 18 months defending the right to organise and recognition of
union's on the factory floor is mounting. Each appearance by a lawyer
costs 2,500SLRs (30.00USD), each appeal costs 6,000SLR (75.00USD),
this does not include paperwork, filing of motions and costs for
writing legal submissions. It is critical for FoA and the right
to organise in the FTZ of Sri Lanka that these cases are pursued
as one avenue of recognition.
The FTZWU is urgently requesting donations or small amounts of
funding for fighting legal cases. Donations can be made to:
ACCOUNT NAME: Joint Association of Workers and Workers Councils
of the Free Trade Zones
ACCOUNT NUMBER: 4301019
BANK: Hatton National Bank Limited
BRANCH: Ja Ela, Sri Lanka
Receipts will be issued for all donation/funding. Audited financial
accounts will be made available to all people who donate by March
of next year 2002.
5. Circulate this appeal widely
Pass on this appeal to anyone else who you think might be able
to help.
Soon we will make available the buyers and owners of the products
produced in the factories mentioned and will write letters to them
urging that they ensure suppliers uphold the labour law of Sri Lanka
and fundamental worker human rights. Also codes of conduct, where
they exist are implemented with suppliers.
We also plan early next year to write to every buyer and brand
label owner, whose brands are being produced in Sri Lanka (that
we are ware of) to agree ensure suppliers uphold the labour law
of Sri Lanka and fundamental worker human rights. Also codes of
conduct, where they exist are implemented with suppliers.
With both these actions we will be relying heavily on campaign
based groups in developed countries to follow through on these letters.
Members of the FTZW Union are determined to fight for recognition
of their branch unions. They need your help.
Workers, through their unions, fighting for their demands, both
in the workplace and for a more just society are not a threat to
"National Interests", they are an integral part of it
and essential to developing alternatives to the current globalisation
regime. Trade Unions are a critical part of democracy and the democratic
process. Now more than ever, unions should be free to organise,
campaign and demonstrate. Democracy is critical to a peaceful resolution
of the war in Sri Lanka.
Please contact us if you require additional information or have
further questions.
In Solidarity,
Anton Marcus
General Secretary
Free Trade Zone Workers Union
Kelly Dent
Coordinator
TIE-Asia
|
