Foreword

Trade union rights are universally recognised human rights at work. The two key ILO Conventions 87 and 98 which define and guarantee them have been ratified by 148 and 158 Member States of the ILO, respectively, out of the total of 181 worldwide. They are also codified in a raft of national constitutions and legislation. And yet, as this Survey shows, trade union rights are also subject to massive and often vicious violation. Evidently, ratification is one thing, and application quite another.

This Survey gives an overview of the trade union rights situation in the world in 2007 and of the major violations that took place. In many cases they had fatal consequences. But they also reflect wasted opportunities to promote better labour relations, improve working conditions and productivity and to build or consolidate democratic institutions.

This Survey is also intended as a tool. It illustrates good practice in cases where improvements are recorded. It also contains the full text of ILO core conventions 87 and 98 as well as an overview of ILO decisions on key issues concerning trade union rights, which are often insufficiently known and understood.

The most tragic consequences of anti-union actions are still the alarming numbers of murders, abductions, arrests and imprisonments, as well as acts of discrimination and intimidation against trade unionists, which continued unabated in 2007. The list of worst offending countries in terms of anti-union violence and repression is getting longer rather than shorter. The long-standing notorious cases of Colombia, Burma, Belarus, Sudan, Swaziland and the Philippines have been joined by Zimbabwe, Guinea, Pakistan, Nepal and Honduras, where serious and persistent violations were worse in 2007 than before.

The most horrific record remains the shameful property of Colombia where, in 2007, another 39 trade unionists were murdered in conditions of continued impunity.

In too many countries across the globe, trade unions continue to be banned or their work severely restricted in particular sectors. Public service workers, agricultural workers, health workers, teachers and journalists are amongst the main victims of these situations. Conditions in this regard have worsened in countries like Pakistan, Cambodia, Ethiopia, Guatemala, Ecuador and Peru. Moreover, the concept of “essential services” is frequently used and abused by governments to deny the rights to strike, to collective bargaining and even to organise, to categories of workers whose basic trade union rights are recognised under the terms of international conventions. This is the case in countries such as Serbia, Turkey, South Africa, Pakistan, Ghana and Kenya.

Trade union pluralism and workers’ rights to set up trade unions of their own free choice are still denied in a number of countries, particularly in Asia (e.g. China, North Korea, Laos and Vietnam) and in the Middle East and the Gulf States (e.g. Iran, Iraq, Syria, Egypt, Jordan, Kuwait and Yemen).

Export Processing Zones remain a no-go area for trade unions in many countries. Non-application of labour legislation, denial of trade union rights and other basic workers’ rights, dismissals of trade union activists, discrimination and intimidation practices continue to be the rule rather than the exception, for instance in Honduras, Pakistan, Bangladesh and Guatemala.

The globalisation of the world economy and consequent fierce competition between countries and companies for a share in export markets continues to put strong pressure on labour markets, working conditions and workers’ rights. The trend across the globe has been for labour legislation to be amended in order to attract investments rather than to improve the protection of workers’ rights. This was the case in countries like Georgia, El Salvador, Malaysia, Vietnam, Chad and Morocco, amongst others. At the same time, workers continue to be threatened by employers with enterprise relocation, outsourcing and downsizing, with inevitable negative consequences for the effective realisation of the right to collective bargaining and exercise of the right to organise. Trade union rights are also enabling rights. Freedom of association is a pre-condition for many key elements of modern labour market policies and for the world of work in general, including the capacity for social dialogue and the existence of bipartite and tripartite cooperation mechanisms. While many governments and employers recognise the importance of social dialogue, much advocacy remains to be done to ensure that it is founded firmly and everywhere on the principles of freedom of association.

In spite of, and no doubt also because of all these obstacles and injustices, millions of trade unionists and labour activists continue to fight for workers’ solidarity, sometimes at the risk of losing their own lives or livelihood. Prominent examples in 2007 included trade union leaders in Zimbabwe, Guinea, Guatemala, Nepal, Iraq and Iran. Because of their courage and commitment, and that of countless others, trade unions continue to play their role in the representation of workers’ interests, the strengthening of democracy and the ongoing struggle for social justice.

In many cases, trade unionists have depended on international solidarity support and action in the absence of any measure of legal justice and protection in their own country. The ITUC is their international voice and ally. We will spare no effort to stand by their side in their struggle for the defence and promotion of trade union rights worldwide.