Americas

In 2010, the Americas retained the title of the most dangerous continent for the exercise of trade union rights. Many workers had their rights severely flouted, sometimes very violently even when these were protected by law. Inadequate protection of these rights by governments and the Courts, their violation by companies, the development of practices expressly aimed at by-passing these rights such as Solidarismo (El Salvador, Ecuador, Costa Rica amongst others), protection contracts (Mexico) or the use of contract or temporary workers (Colombia, Honduras amongst others) in addition to the constant growth in the informal sector are the many challenges facing trade union organisations in this region. The economic crisis is consistently used as a pretext to undermine trade union and workers’ rights. Most shocking however, is the excessive number of personal attacks and attacks on personal integrity suffered by workers involved in trade union activities. In 2010, 75 people, 45 in (...)

Most shocking however, is the excessive number of personal attacks and attacks on personal integrity suffered by workers involved in trade union activities. In 2010, 75 people, 45 in Colombia alone (three of which were women and 16 trade union leaders) were killed for trying to defend workers’ rights and 24 (20 in Colombia) escaped attacks. There were also 10 deaths in Guatemala, six in Panama, three in Brazil, Honduras and El Salvador. Death threats were received by trade unionists in Guatemala, Mexico and Haiti. Furthermore, over 100 workers were arrested (the majority in Panama), 1,000 others were attacked during a demonstration (more than 700 of these in Panama) and approximately 300 were dismissed (three quarters of these in Venezuela). Many trade unionists were also arrested. In addition, complete impunity remains for crimes against trade unionists.

In Colombia persecution of trade unions and trade union activity remains systematic. Although new laws and legal rulings have increased protection against anti-trade union discrimination and interference in trade union affairs, the situation for trade unions has not improved. Again this year, they were the victims of murders, death threats, attacks and discriminatory acts and those responsible went unpunished.

Major demonstrations took place in Panama against the so called “Chorizo” law which sought to radically modify the labour code. It was during one of these demonstrations, brutally repressed by law enforcement forces, that six people were killed, over 700 were injured and approximately 100 were arrested.

In Guatemala where a climate of violence and impunity continues to reign, the situation remains worrying. The anti-trade union culture implemented by employers is tolerated by the State. Ten people were murdered, two people escaped death and five others received death threats. Furthermore, the majority of trade union organisations were victims of smear campaigns, infiltration, parallelism and exclusion from all social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. forums.

Since the coup d’état in 2009, Honduras has plunged into a spiral of violence which includes severe anti-trade union repression. Threats and attacks on the lives of members of the Resistance Front, including leaders of trade union organisations and popular movements, are frequent. Three trade unionists were killed.

Attacks on Mexican workers’ trade union rights are systematic as illustrated by the “protection contracts” dominated by employers and employers’ interference in social elections and the use of force – by the State or private interests – aimed at suppressing the legitimate demands of workers for democratic trade unions. The Mexican Miners’ and Metalworkers’ Union (SNTMMSRM) and the Mexican Electrical Workers’ Union (SME) are particularly targeted.

In the north of the hemisphere, hostility towards trade unions and anti-trade union discrimination remain very strong. In the United States, employers have the right to campaign to dissuade and intimidate workers, thus preventing them from exercising their legitimate right to join a union; manoeuvres are also carried out in order to avoid concluding collective agreements. As the Republicans held the majority in the House of Representatives at the end of 2010, the Free Choice Act amending the national law on labour relations has been almost entirely shelved. In Canada, faced with the federal and provincial government’s refusal to modify the legislation to include collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
despite a 2007 Supreme Court decision, the Canadian trade unions have submitted complaints to the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights . The use of strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike -breakers is common practice in both countries.

Employer pressure remains very strong in the export processing zones where the deterioration of trade union rights – where they exist, is constant. The governments often do nothing to protect and monitor their application. This was, amongst others, the case in Belize, Costa Rica, Ecuador, Honduras, Nicaragua and El Salvador. Similar to the workers in the export processing zones, workers in the informal sector cannot organise and are therefore unable to fight for better working conditions.

However, in Panama despite the anti-trade union position of DHL in the region, in May, the Sindicato de Empleados de Líneas Aéreas de Panamá (SIELAS) succeeding in negotiating a collective agreement on behalf of the DHL workers.

less

Víctor Báez Mosqueira, TUCA General Secretary In Latin America and the Caribbean, the level of both organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other. See collective bargaining agreement attained by the workers is closely determined by the legal restrictions in both processes. It is a consequence of the strong state interference in trade union rights, in complete opposition to the almost widespread process of deregulating individual rights, so that trade unionism is in the “worst of worlds”, unprotected from the employers’ tendencies to be flexible (...)

Víctor Báez Mosqueira, TUCA General Secretary

In Latin America and the Caribbean, the level of both organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
attained by the workers is closely determined by the legal restrictions in both processes. It is a consequence of the strong state interference in trade union rights, in complete opposition to the almost widespread process of deregulating individual rights, so that trade unionism is in the “worst of worlds”, unprotected from the employers’ tendencies to be flexible and “protected against themselves” in terms of collective action.

A study carried out by the Trade Union Confederation of the America’s (TUCA) Human Right’s network and its Continental Legal Team involving 23 affiliated and fraternal trade union centres in 14 countries, confirmed what the ITUC had just highlighted in its Annual Survey of violations of trade union rights: the large extent of these limitations and deterioration in several cases.

In terms of organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. , the obligatory thresholds for registration amongst other things and for the setting up a trade union were analysed. These are used by the States to make it difficult to organise small or medium sized companies of between 7 and 40 workers; the extent to which the labour codes prevent the organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. of self-employed or autonomous workers, which does not comply with the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights definition that “work” includes all forms of economic activities. Limits apply to the organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. of vast categories of wage-earning workers in the public and private sectors, including outsourced workers, home and domestic workers, workers in security and professionals who are all subject to the traditional restrictions applied to the armed forces and the police (frequently in the public service organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. is only permitted into non-trade union organisations); the most extensive restrictions apply to migrant workers’ rights to hold trade union leadership positions and even to join a trade union.

In terms of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, with the exception of the Southern Cone countries (Argentina, Brazil and Uruguay), the typical situation in the region is one of an almost total concentration of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
at company level, including in the workplace, putting limits on the ability to bargain collectively on a sectorial, national or territorial level. When the setting up of national Federations are authorised, these Federations can only accompany their affiliates to company level negotiations.

The State frequently intervenes in negotiations by concluding direct agreements. An imperfect “liberalisation” is prevalent in the public sector, even though collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is not the norm but takes place on an ad-hoc basis, frequently obtained as a result of trade union pressure.

In conclusion, the challenge that Latin American organisations and the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights (Decent Work in the Americas: An agenda for the hemisphere) need to address is to move towards bringing about changes in the standards, instead of limiting themselves, as is now the case, to improving the labour administration systems.

The TUCA has since its founding Congress in March 2008 warned about this situation and from an internal perspective, adopted a strategy of Trade union auto reform, as a way to develop alternative ways of organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. and policies to address a reality which is more and more limiting to trade union activities. The internal change should be accompanied by external change to address the limitations in law and in practice, that restrict the trade union right to organise and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, that together with persecution, anti-trade union violence and the impunity for crimes committed against trade unionists, make this the most dangerous region in the world for trade union action.

less

Restrictions to organising and collective bargaining: the challenge for the full implementation of human and trade union rights for workers in the Americas.