17 August 2007

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The government has failed its international legal obligations:
The International Trade Union Confederation asks Korean President Roh Moo-hyun to intervene in support of E.Land workers' rights


Heavy-handed police action has marked the Korean government's handling of the E.Land worker's sit-in strikes. The shop workers at the company's Homever, New Core and Kim's Club stores have taken trade union action to defend their jobs after widespread mass dismissals and imposing illegal employment contracts by management lead to no reaction by the Korean authorities. (Photo: KTUC)

The 168 million member International Trade Union Confederation ITUC asks Korean President Roh Moo-hyun to intervene personally in order to protect the E.Land workers and secure their rights. In a letter to the president, ITUC General Secretary Guy Ryder also calls for the immediate and unconditional release of the seven detained E.Land workers' trade union leaders.

- I was particularly disturbed to learn that even the direct intervention of the International Labour Organisation failed to secure the release of arrested E.Land union activists, who were only arrested for exercising their fundamental human rights. The situation is no doubt detrimental to your country's international reputation, Guy Ryder says in his letter.

The ITUC says that the sit-in strikes that were forcibly ended by police intervention were a natural reaction by the E.Land workers after the management had contracted out their work and forced employees into illicit employment arrangements:

- Defending their interests by means of collective action is one of workers' fundamental rights under international law. By virtue of the country's membership in the International Labour Organisation (ILO), as stipulated in the ILO Declaration on Fundamental Principles and Rights at Work, the Republic of Korea is under an international legal obligation to protect this right, as part of the overall principles of freedom of association, ITUC points out.

The Korean government has failed its legal obligations

The Government has failed to protect the E.Land workers' rights as required by international law, the ITUC letter states:

- The ITUC was informed about the authorities' failure to address the irregularities revealed by labour inspections, the Labour Minister threatening the striking workers, and finally suppressions of the peaceful workers' protests and subsequent arrests of trade union leaders in July and August.

- ... on 12 August 2007, a nationwide demonstration of the services workers' federation (KFSU) ... ended in a number of places with physical violence as riot police and strike breakers used shields and iron bars to attack the workers. Some of the women fell to the ground, and many collapsed in the humid heat. This was, unfortunately, not the first time for the trade unionists to be shocked at photographic and media evidence of police brutality in this dispute, Guy Ryder tells President Roh.

Ryder also underlines that "employing external workforce to replace striking workers is, according to the ILO jurisprudence, contrary to the principle of freedom of association".

"I urge you to use the full weight of your authority..."

- I urge you to use the full weight of your authority to ensure effective protection of Korean workers' right to organise and to defend their interests collectively, the ITUC General Secretary says to the Korean President. He brings forward four main points where ITUC wants the country's authorities to act immediately:

- those arrested for their trade union activities ... be released immediately and unconditionally;

- the E.Land workers that were dismissed in violation of the collective agreements and the local labour committee decisions be reinstated;

constructive dialogue with the trade unions representing "irregular" workers be established with a view of addressing the adverse effect of the recently enacted Irregular Workers' Bill;

the law and practice in the Republic of Korea be brought in full conformity with ILO principles on the freedom of association and the right to organise and bargain collectively.