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To: President Chandrika Bandaranaike Kumaranatunga
Presidents House
Colombo 1
SRI LANKA
Fax: +94 1 333 703
From: [Insert your name here]
Dear President Chandrika Bandaranaike Kumaranatunga,
It has come to my attention through the Clean Clothes Campaign
that workers rights in Sri Lanka's free trade zones have been
violated. It is my understanding that the right to form a union
and for workers to organize and collectively bargain does exist
in Sri Lanka -- these are rights enshrined in the constitution
of Sri Lanka and in labor legislation. I understand that Sri
Lanka ratified ILO Conventions No. 87 (freedom of association)
and No. 98 (right to organize and bargain collectively). Despite
this workers in the free trade zones are routinely denied these
rights, according to reports from the Free Trade Zone Workers
Union (FTZWU) and Transnational Information Exchange Asia (TIE-Asia).
As a European consumer, I choose to purchase garments produced
by companies that respect workers' rights. Government has a
responsibility to workers to ensure that companies provide safe
and healthy working conditions. The right to organize and collectively
bargain ensures that workers can voice their concerns regarding
workplace issues, and negotiate for improvements. I find that
violations of basic workers rights, such as the right to organize,
are unacceptable.
As president of Sri Lanka, you have the resources to take steps
to ensure that those who invest in and operate businesses in
your country's free trade zones respect workers rights. I understand
that workers have made attempts to exercise these rights at
factories in the zones, including workers at Cosmos Macky, Fine
Lanka, Joy Lanka, Skyspan and Topstar. But in general, attempts
by workers to organize in a Free Trade Zone Workers Union have
been met with repression. I believe it is important that you
intervene on their behalf.
The FTZWU and TIE-Asia report that workers in the zones have
to cope with a multitude of issues, including:
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Being forced to work long hours of overtime
to reach unrealistically high production targets;
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Denial of legal entitlements, with leave being
extremely difficult to take;
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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 cannot calculate how much they will
earn each month;
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Repression of the right to organize, form
a union, or bargain collectively;
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Poor or non-existent occupational health and
safety practices;
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Frequent sexual harassment and imposition
of inhumane restrictions such as a time limit per week for
going to the toilet;
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Lack of transportation, especially after late
night shifts;
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Misrepresentation by the Board of Investment
of labor law and frequent attempts to circumvent the law or
to make it more "flexible" for employers.
I urge you to intervene and ensure that foreign investors and
employers, who are currently failing to recognize unions, recognize
and incorporate the workers' demands immediately. As the president,
it is your responsibility to uphold the laws of Sri Lanka, including
the labor code. In addition, I urge you to direct the Ministry
of Labor to resolve outstanding cases, in accordance with the
provisions of the Industrial Disputes Amendment Act (No 56 1999),
by recognizing the unions legally formed in the factory. It
is imperative that the right of workers to organize and react
to workplace issues collectively is respected.
Lastly, it is important to remember, violations of laws by
investors are a threat to law and order in the entire country.
If labor standards are followed, Sri Lanka could have the competitive
advantage of offering a workplace that respects workers' rights--something
increasingly of interest to ethical consumers. I thank you for
closely considering the concerns raised in this letter and eagerly
look forward to hearing of steps taken by your government to
enforce workers' rights in Sri Lanka's free trade zones.
Sincerely,
[Insert your name here]
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