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Gross human rights abuses
by Wal-Mart lead Canadian unions to ask for help from International
Labour Organisation
Leading Canadian trade unions suggest
that Juan Somavia, Director-General of the Geneva-based International
Labour Organisation ILO meet with the country's Prime Minister to help
ensure respect for basic workers' rights.
- The basic human right to freedom of
association has been abused and eroded by Canadian governments at all
levels over the past two decades, says an extensive new study by two of
Canada's largest unions. Abuses are also rampant in the agriculture
industry and among private sector employers like Wal-Mart.
Freedom of association includes the right to join a union, bargain
collectively and withhold services by going on strike, the unions
remind.
This is a burning issue in Canada
today, as Bentonville-based retail giant Wal-Mart has openly defied the
international rules which give workers the right to join the trade union
of their choice. Wal-Mart, the world's largest retailer, builds its
whole operating concept on social dumping and therefore goes to extreme
lengths to keep its workers out of unions. Recently, they chose to close
the first unionised store in Canada, in De Jonquière, rather than
proceeding with collective agreement negotiations.
Basic rights
systematically undermined
The study, by the 340,000-member National Union of Public and General
Employees (NUPGE) and the 230,000-member UNI Commerce affiliate United
Food and Commercial Workers (UFCW Canada), cites 170 pieces of
legislation that have denied or undermined these basic rights since
1982. The study is entitled Collective Bargaining in Canada: Human Right
or Canadian Illusion.
The abuses have occurred despite the fact that freedom of association is
guaranteed by the Canadian Charter of Rights and Freedoms and by the
United Nations Universal Declaration of Human Rights, which Canada has
signed and pledged to uphold.
- Governments at all levels have created the situation and bear
responsibility for it, say NUPGE president James Clancy and UFCW Canada
national director Michael J. Fraser.
Union campaign to restore trade union freedoms
In releasing the study, the unions
announced a national labour movement campaign to restore the right to
freedom of association. The campaign will include a national lobbying
effort to persuade legislators that the time has come to change
direction and make progressive labour law reform a top priority.
- Freedom of association as a human right is embodied in the Canadian
Charter of Rights and Freedoms, the United Nations Universal Declaration
of Human Rights and many other global documents, says Clancy. -
Governments and employers have an obligation to respect and promote
freedom of association, yet there's no question this basic right is
under sustained attack in Canada.
- We urge Canadian governments to take a hard look at this study's
findings, which are undeniable. The right to freedom of association is
being violated with alarming frequency in Canada. Our clear message to
all governments is that the time has come to address this hidden human
rights deficit by enacting progressive labour law reforms, says Clancy.
Canada has
embarrassing labour rights record
The study also examines Canada's embarrassing record of compliance with
the International Labour Organization's (ILO) freedom of association
principles. The ILO is an agency of the United Nations governed by a
tripartite body with representatives from the government, labour and
employers of member countries.
A total of 185 ILO Conventions have been enacted over the years. Canada
has formally ratified 30 of them, including five of seven core ILO
conventions. Since 1982, the ILO has enacted 30 conventions, all of
which have been supported by Canadian governments at ILO conferences.
Yet only two of the 30 have been ratified by Canada.
- The gap between what Canada promises and what Canada actually does
needs to close, says Canadian Labour Congress president Ken Georgetti.
- The Prime Minister says governments shouldn't pick and choose which
rights to defend, that our leaders have a duty to stand up for the
rights of our citizens. We agree and look forward to working with him
and Minister Fontana toward upholding Canada's international reputation
as a defender of human rights, including the rights of workers, says
Georgetti.
Meeting
between Prime Minister and ILO Director General
- First steps should include a meeting between the Prime Minister and
Juan Somavia, the Director-General of the ILO, followed by a legislative
plan to ratify and respect the remaining workers' rights
conventions," he adds.
Because Canadian governments have neglected their obligation to uphold
the basic right to freedom of association, employers in Canada have
developed a ‘culture of impunity' and routinely engage in the
wholesale denial of workers rights, the labour leaders say.
The most striking current example is Wal-Mart, which has announced the
closure of an outlet in Jonquière, Que., rather than deal with a
legally-formed union. NUPGE has signed a formal organizing protocol with
UFCW Canada to support an ongoing drive to organize Wal-Mart workers
across Canada.
"When Wal-Mart denies Canadian workers their right to join a union
and bargain collectively, it is thumbing its nose at the Charter of
Rights and Freedoms and the basic rights of all workers and families in
Canada," says Fraser. "It's an outrage that Canadian
governments are tolerating this routine denial of basic rights by
Wal-Mart. Canadians deserve better."
Starting today, Canadians can tell Wal-Mart to clean up its act by
visiting the Canadian Labour Congress web site at www.clc-ctc.ca
With the click of the mouse they can send a fax to Wal-Mart's Canadian
headquarters as well as their local Member of Parliament.
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