Migrants Movement

February 24th-25th 2011
Introduction to Trade Unions for Migant Workers
MAP Foundation
P.O. Box 7. Chiang Mai University, Chiang Mai 50202
Tel/Fax: 053 811 202. E-mail: [email protected]
Website: www.mapfoundationcm.org
Supported By
Migrants Movement Consultation
Introduction to Trade Unions for Migant Workers
Introduction
The Migrant Movements Consultation was a gathering of migrant workers from Burma
now working in different places in Thailand that took place in late February 2011 in
Chiang Mai organised by MAP Foundation. At the Consultation, migrant workers met
with representatives of the labour movements of Cambodia, India, Malaysia, and Thailand to share experiences of building collective movements to defend workers interests against injustice and exploitation.
Over the course of two days migrant workers, representing workers associations and
community based organisations across the country, and the trade unionists, shared
information on different aspects of union organising ranging from the background of
the labour movement in Thailand and strategies for collective bargaining, to the role of
women and politics in trade unionism.
The current political situation in Burma has consistently prevented the development of
an independent labour movement for over half a century. The purpose of the Migrant
Movements Consultation was to develop greater understanding between trade unions
and migrant workers, to provide some information and skills for migrant workers to negotiate their rights with employers and stand up for the interests of their co-workers. In
the future, when Burma is free, migrant workers who have developed an understanding of labour organising in Thailand, can return home and help build a new independent labour movement, building solidarity among all the workers of Burma.
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Speackers & Participants
Speakers:
Balasubramaniam Alagu:
Vice President, Malaysian Trades Union Congress, Malaysia
Jitra Cotshadet:
Union Organiser, Try Arm Workers Cooperative, Thailand
Sawit Kaewan:
Secretary General, State Enterprise Workers Relations Confederation, Thailand
Shashikala N. Murthy:
Union Organiser, Indian National Trade Union Congress, India
Srey Kimheng:
Secretary General, Free Trade Union, Cambodia
Wilaiwan Sae- Tia:
President, Thai Labour Solidarity Committee, Thailand
Participants:
BAT (Burmese Association in Thailand) Bangkok
Domestic Workers Exchange, Chiang Mai
Workers Centre, DPNS, Mae Sot
Labour Exchange, Phang Nga, Bangkok, Chiang Mai, Mae Sot, Mahachai
Migrant Workers Federation, Chiang Mai
Foundation for Education and Development, Phang Nga
MAP Foundation,
HRDF (Human Rights and Development Foundation)
Workers Solidarity Association, Chiang Mai
Women Exchange, Chiang Mai
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Unions: A History
“Exploitation of migrants is global; it is not just migrants but Thai workers too face
exploitation. Workers are united in the struggle against exploitation”. Sawit Kaewan
A trade union (English usage) or labour union (American usage) is an organisation of
workers that have joined together to achieve common goals such as better working
conditions. Trade unions are membership based organisations. Workers pay a monthly
fee (due) to the union to become a member and maintain membership. The trade
union, through its leadership, bargains with the employer on behalf of union members
and negotiates issues raised by the workers with employers or management. This may
include the negotiation of wages, hours, conditions, work rules, complaint procedures,
rules governing hiring, firing and promotion of workers, benefits, workplace safety and
policies.
Trade Unions emerged in Europe over 200 years ago and have spread across the world.
Today there are trade unions in countries on every continent and many of these are
associated with international federations of trade unions.
“Although we are from different countries, as workers we are the same and we share
the same struggle and all face exploitation from the government and employers”. Sawit
Kaewan
May 1st (May Day) is celebrated as International Workers Day throughout the world
and is a national holiday in more than 80 countries. May Day is a celebration of worker’s
rights and began with calls for an 8 hour day that became the common aim of many
trade unions in the 1800s. Women were leaders in these movements, and the strikes
they organised of textile factory workers and other women workers in 1908, 1911 and
1917 in the US, Europe and Russia led to the founding of International Women’s Day.
Many of the workers, throughout history, involved in marching on May Day and International Women’s Day have been migrant workers and they were involved in the socialist movements that helped build trade unionism and the labour movement.
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Timeline: Some Key Moments
in the History of Labour Rights
May 1886 The Haymarket Massacre –
A demonstration for the 8 hour day in
Chicago, USA, led to a riot after a bomb
was thrown and the police opened fire
on demonstrators. The leaders of the
demonstration were arrested and some
were sentenced to death. May Day
begins as a commemoration of this
event and became International
Workers Day
1919 International Labour Organisation
(ILO) founded, a specialized agency of
the United Nations that deals with
labour issues and sets the international
labour standard.
1950 ‘The Freedom of Association and
Protection of the Right to Organise
Convention 1948’, first of the two
primary labour conventions of the ILO,
came into force in July 1950,
guaranteeing the right to form
trade unions.
1951 ‘The Right to Organise and
Collective Bargaining Convention 1949’,
second of the two primary labour
conventions of the ILO, came into force
on July 18 1951, guaranteeing the right
of trade unions to negotiate with
employers on behalf of members.
Some Examples of Women’s Role
in the Labour Movement
1911 a fire in the Triangle garment
factory killed 140 women workers
working in sweatshop conditions
1912 The Lawrence Textile Strike in
America, 25,000 textile mill workers
strike with women leaders lasts 10
weeks; mostly made up of migrant
workers they set up a committee with 2
representatives from each nationality.
1917 Bread, Land & Peace strikes in
Russia, led by women workers lasted
4 days; this was part of the movement
which led to the Russian Revolution, following the revolution the new government granted women the right to vote.
1971 Women in the Philippines protests
against the Marcos dictatorship
2003 Women across the world protest
against U.S. led war in Iraq in solidarity
with Iraqi sisters
2006 The South African government
launched a campaign to honor the 1956
women’s march in Pretoria against the
repressive pass laws under the
apartheid system. The ANC and COSATU
have for years honored women
participants in the liberation movement.
2006 International Trade Union
Confederation is founded. The world’s
largest trade union federation
representing 175 million workers
through 311 affiliated organisations in
155 countries.
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The types and roles of Trade Unions
Types of Trade Unions:
There are many different types of trade unions:
• Industrial Unions: workers from the same industry but working in many different
workplaces can join an industrial union. It represents workers of a particular industry
and only address issues concerning that industry. For example, a Textile and Garment
Factory Union may have members who work in textile factories in Mae Sot, in Bangkok
and in Had Yai.
• In-House Unions: workers from the same work place form their own union. So
each workplace will have a separate union. Some in-house unions formed and dominated by the employer and therefore focus on issues benefiting the employer rather
than the workers
• General Union: represents workers in many different industries and workers of
different skills, may represent all workers in a workplace or just a few and will focus on
issues covering all workers.
• Federations or Congress of Unions: an affiliation of trade unions on a national or
international level. Federations of unions often focus on issues effecting workers at a
national and international level rather than individual cases. The International Trade
Union Congress covers unions representing 175million workers in 155 countries.
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Unions Membership
Globally, total union membership is falling. Membership of public sector unions has
grown but membership of private sector has fallen. In the UK, 15% of the private workforce is unionized and 57% of the public sector is unionized, in total 27% of the total
workforce is unionized. In Thailand, by contrast, only 3% of the workforce is unionized.
Primary functions of trade unions:
Provision of benefits to members:
In countries where trade unions have been established for many years and have a large
paying membership, the unions are able to maintain substantial funds. The trade union must use these funds for the benefit of their members. Trade unions often provide a range of benefits to protect members against unemployment, ill health, old age
and funeral expenses. In many countries, these functions have been taken on by the
state; however, the provision of professional training, legal advice and representation
for members is still an important benefit of trade union membership. Unions can also
provide information to workers about job availability.
Collective bargaining:
Where trade unions are able to operate openly and are recognised by employers, they
may negotiate with employers on behalf of members over issues such as wages, hours
and working conditions.
Industrial action:
Trade unions may enforce different types of industrial action to draw attention to their
complaints and pressure the employer or the government to improve their situation,
i.e.
•
Strikes: calling on all workers to stop working. Strikes are only called after the unions have tried to negotiate with the employers and after negotiations have failed. Strikes may be called in advance for a limited period. The unions may call
for a one day national strike, bringing the country to a standstill for one day. Or strikes may continue until the workers demands are met. During a strike the trade
union may try and stop any other workers entering the workplace to prevent any
work from continuing.
Political activity:
Trade unions may promote legislation favourable to the interests of their members or
workers as a whole. To this end they may pursue campaigns, undertake lobbying, or
financially support individual candidates or parties for public office.
“We need to look at both the short term and the long term goals of organising.
Improving conditions is a main objective in the short term but in the long term it is
about improving our societies. As migrants and workers we tend to focus on the short
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term goals but a better society is important. All societies should be just societies.” Jittra
Cotshadet
The right to join a trade union is mentioned in article 23, subsection 4 of the Universal
Declaration of Human Rights. In Thailand, according to the Labour Relation Act B.E.
2518 Chapter 7 Section 101, to be a member of the ‘Executive Committee’ of a trade
union, you must be a Thai national. This means that although migrant workers can join
an existing Thai union, they cannot be in leadership role nor can they form their own
trade unions.
”The international law that allows the right for workers to organise and form unions
is a fundamental human right, despite this Thai law does not honour this right” Sawit
Kaewan
In Thailand, it would be possible but difficult for migrants to join an existing union. One
of these unions, the State Enterprise Relations Confederation (SERC) was represented
at the Migrant Movements Consultation by its leader, Sawit Kaewan, but there are others such as the industrial unions the Confederation of Electrical Appliances, Automobile and Metal Workers (TEAM) or the factory based Triumph International Thailand
Labour Union (TITLU) representing the workers at Triumph garment factory. Many of
these trade unions have joined forces in a coalition group called the Thai Labour Solidarity Committee (TLSC), represented at the Migrant Movements Consultation by its
President Wilaiwan Sae- Tia. There are several other federations of unions in Thailand
including Thai trade Union Congress and the National Congress of Thai Labour.
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From Malaysia, Balasubramaniam Alagu spoke at the Consultation representing the
Malaysian Trade Union Congress (MTUC). This is a federation of trade unions across
Malaysia representing over 500,000 workers in that country. As a federation it works
with affiliated trade unions in supporting labour disputes and has different departments that focus on different areas of workers issues.
“The MTUC Industrial Relations Dept takes up the legal cases of migrants over issues
such as non-payment of wages, working conditions, etc. The MTUC is currently pressuring the government for the introduction of a minimum wage law for migrants and local
workers.” Balasubramaniam Alagu
The MTUC is a member of the ‘International Trade Union Congress’ (ITUC) that includes
Trade Union Congress organisations from around the world including Britain, America
and Thailand. “The ITUC has annual strategy meeting to develop international policies
and is currently working on policies to strengthen domestic worker’s rights.” Balasubramaniam Alagu
Many trade unions offer other benefits to workers who join them, in countries such as
America and Britain some of the bigger trade unions offer extra benefits to members
not related to work place solidarity such as insurance policies, help with housing and
discounts on travel as well as more practical things like free legal advice, educational
classes and financial assistance for members in times of need.
At the Migrant Movements Consultation, Shashikala Murthy, representing the Indian
National Trade Union Congress, gave us examples of how the trade unions offer extra
support to members in India, beyond joining together to negotiate for better wages
and conditions.
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“Trade unions run group schemes that give works skills that can also be of use to employers. For example women have their own microfinance/self help group programmes.
The group schemes are aimed at creating unity among workers. Trade unions also try
to secure the social welfare of the employees and provide leadership”
Shashikala went on to explain the strong role women play in trade unions in India.
“Women do have leadership roles in unions... 33% of representatives in parliament
are women, many of whom come from a union background. The president of India is
a woman. So women have leadership roles in the country overall. We bring up these
points of women in leadership roles in the women’s forums of unions to make women
strong and confident...The aim is that women’s improvement will benefit the family and
society as a whole.” Shashikala N. Murthy
However the situation for migrants joining trade unions in Thailand is very different
from other countries and from Thai nationals. Wilaiwan Sea-Tia, from the Thai Labour
Solidarity Committee (TLSC) spoke at the Consultation of the problems faced by migrant workers who have great concerns over legal documents that allow them to work.
“An important issue is the fact that employers hold on to the documents of migrant
workers so that the migrant worker cannot move freely and are often harassed by the
police for bribes when they have no papers... The TLSC is concerned about migrant
workers and has a campaign to promote unions among migrant workers, but only documented migrants, because we fear that if undocumented migrants join a union and
the employers find out they will be picked on and threatened with telling the authorities
that they are undocumented.” Wilaiwan Sea-Tia
As mentioned before, migrant workers can legally join a union but they are not allowed
be part of the leadership, they cannot sit on an executive committee. There are also
many other issues that stop migrants joining unions, like fear of legal status mentioned
above, creating a desire to remain anonymous. Migrants also have difficulty travelling
or getting time off work so it is difficult to attend trade union meetings and in addition,
they may not speak Thai and so cannot participate actively. Added to this is the prejudice of Thai workers that gets fostered by the media.
“In Thailand the employers are using migrants to scare Thai workers, using migrants as
scapegoats to create a culture of fear among Thai workers. If the Thai unions go along
with this it will only serve to divide workers and will divide the labour movement.” Jittra
Cotshadet
But, our speakers at the Migrant Movements Consultation were aware of the issues
faced by migrant workers and in some cases even had some suggestions to help migrant workers combat these issues:
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“There are still great concerns faced by migrant workers that Thai trade unions are
aware of. The issue of Nationality Verification and Temporary Passports, access to social security and issues of human trafficking are all areas of great concern to Thai trade
unions and we are aware that migrants still face these problems.” Sawit Kaewan
“The TLSC and other Thai unions have been involved in negotiating with employers to
stop them abusing the migrant workers. Unions also support migrants in employing
legal services for migrants e.g. when a pregnant woman is sacked or when migrant
workers passports are confiscated we employ lawyers to get pregnant women back to
work and negotiate with the employers to get passports back.” Wilaiwan Sae-Tia
“The more migrants join together, the more welcome they will be to join a union, but in
reality negotiating for both migrants and Thai workers is difficult as they do face some
different issues. The best solution is for migrant workers to form their own groups to
affiliate with a union, as this will give them greater power as a collective. The more
power these migrant groups have the more welcome they will be in Thai unions.” Jittra
Cotshadet
Recently the State Enterprise Workers Relations Confederation (SERC) lobbied the Thai
government to make major changes in the Thai labour laws, calling for them to be applied to all workers, benefiting migrant as well as Thai workers. Sawit Kaewan listed
some of these recommendations:
1.
Increase salaries to an international standard - Currently the average Thai salaries
only feed one person; we call for a raise to feed three people which is the
international standard.
2.
Improved social conditions for workers in urban areas, e.g. housing, health, etc.
3.
Strengthen labour laws:
a. Labour laws divided between government workers and private sector
workers, so try to combine laws to unify standards.
b. Worker safety laws- Increase standards for safety conditions and establish pun
ishments for employees who violate these standards.
4.
Pressure employers to contribute to funds for workers when there are
emergencies like floods, earthquakes or other disruptions in the work.
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Organizing Ourselves
AND Joining a Union
“We need to work together with other networks and civil societies because we cannot
do this alone” Jitra Cotshadet
At the Migrant Movements Consultation we heard many speakers explain the importance of joining a union and organizing ourselves. Many speakers made the point that
the employers are often working closely with the government and the state to undermine the solidarity of the workers and for this reason we learned about the importance
of working together to stand up for our rights.
“First we must understand the power of the owners; they have the law, the police and
the army on their side. They can choose to close a factory for a day or even close it
down completely and move it somewhere else, and they can use their money to buy
the labour leaders and divide the workers, breaking workers solidarity” Jittra Cotshadet
The solution that many of the speakers see is in a future of solidarity between Thai
workers and migrant workers. We heard many times from the speakers the need for
migrants and Thai workers to join together and by doing so build the power in the labour movement.
“At a national level migrants need to form their own groups or associations and then
apply to join the trade union as a group. Migrants don’t need to worry about registering your groups or the name of your group anywhere. The main issue is to be strong
and work together. The unions won’t care if your group is official or unofficial. Thai
unions can protect migrants and can see migrants standing up for themselves, if you
work together and work with the labour movement you can raise your voice and be
supported.” Sawit Kaewan
Many of the participants at the Migrants
Movement Consultation meeting are in
workers associations and Community Base
Organizations. Some of the migrants that
participated in the event are part of the
Workers Solidarity Association (WSA). We
spoke to a WSA activist after the Migrant
Movements Consultation to find out what she
learned from the event. Despite the assurances
from the trade unionist she told us of her fears
of joining a trade union at this time.
“At the consultation I learned more about the
trade unions and the role that trade unions can
play. But in reality, it is too early for the WSA to
join with a Thai trade union, as even the
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leaders of Thai Trade Unions at the Consultation accepted that the migrant workers
are welcomed by some but that there are many Thai workers that are not accepting
of migrant workers yet. For now we need to build more understanding between
migrant workers and Thai workers. For example, we need to organize some activities,
such as sport days, culture exchange and others things with the Thai workers at the
grassroots level.”
“On the other hand, we ourselves are also not ready to join with the Thai Trade
Unions. Not all migrant workers have their own groups or associations. Only a few
workers start thinking to set up their own association, there needs to be more of us.
And under the labour law, even when we do set up these associations we cannot call
ourselves a trade union. So in my opinion we need to start to build our movement
first, we need to start with developing our associations.” WSA Activist
The Workers Solidarity Association was formed in July 2007 with only 22 workers
joining together in solidarity. The idea for the WSA was the result of a ‘labour
exchange’ meeting, organized by the MAP Foundation, and involving migrant workers
coming together to share experiences and learn from each other. From this meeting
the idea of joining together to form an association emerged. Within in one year the
WSA grew to over 100 members.
Each member pays a small subscription which is used to organise WSA activities
and provide some welfare benefits to members. Working together with the migrant
community, the WSA has organised visits to construction sites to meet other migrant
workers and tell them of the association, labour exchange meetings at various
community centres and workplaces so migrant workers can continue to share
experiences, learn from each other and build friendships. Special events have been
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organised to involve migrant workers and the wider community including traditional
cultural events such as dancing. Most importantly, the WSA, by joining together in
solidarity and working together with the MAP Foundation, is able to support
workers whose employers withhold their salaries and take those employers to the
labour court. In doing so they are standing up for their rights and fighting
exploitation.
Since the WSA was formed in 2007 it has reached out to more and more migrant
workers and has grown in size and strength. Today the WSA is over 300 members
strong and continues to grow every day. Working together with the Map Foundation,
and in solidarity with other migrant workers groups the WSA is helping to build a new
migrant labour movement that can stand up against exploitation and fight for the
rights of everyone. The trade unionist at the Consultation helped develop an
understanding of how we can do this, and do it well. And they want to support us in
raising our voice as one, standing up together for the benefit of all.
“I want you to realize that no one knows your problems better than you, so it is important you raise your voice on the issues that matter to you. And to make your voice
strong you need support from others, such as trade unions and NGOs”. Sawit Kaewan
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Strategies of Collective Bargaining
“Collective bargaining is negotiating on key issues for the rights of workers” Jittra Cotshadet
A very important aspect of trade unions is the issue of collective bargaining,
negotiating with the employers and the government over the hours, wages and
conditions that we work under. The most important thing to employers is making
money. The more money they make the richer they become and the more power
they have. The government, in turn, wants the employers to make a lot of money so
that they can increase taxes which make the government richer and they can spend
more money on developing the country, not always to the benefit of the poor.
The worker is the tool that makes that money. Without workers factories cannot
function, machines cannot work and things cannot be produced. Without the worker
money cannot be made. This is where the strength of the workers united lies.
For the work that the workers do they need to be paid so that they can feed, clothe,
and house themselves and their families and prosper in their lives. This is where the
conflict between the workers and the employers comes from. For the employers to
make the most amount of money they must spend the least on the workers and get
from them the most amount of work. This means long hours, low wages and poor
conditions. For the worker this work life is hard and unjust and, as we have seen,
workers throughout history have joined together and demanded better from the
employers.
Workers do this through collective bargaining. Jittra Cotshadet from the Try Arm
Workers Cooperative and Srey Kimheng from the Free Trade Union (FTU) in
Cambodia, explained to us the ways and means to achieve our goals when bargaining
with employers for better hours, wages and conditions.
“What the investors and employers want conflicts with what the workers want.
As workers we have to understand that conflict. By understanding it we can negotiate
better…..In collective bargaining, we have to be realistic about our demands and take
in to consideration the feelings of the people we are bargaining for” Jittra Cotshadet
The process of collective bargaining is not just something that trade unions are
involved in but is something that migrant workers can do through their groups and
associations. For this reason our speakers explained clearly the important aspects of
preparing for, and undertaking, collective bargaining with employers.
“For collective bargaining we have to understand what the problems are so we can
make a plan to help workers and then we can find a solution. We try to collect
information to go to employers to negotiate with them, we send representatives to
speak to them” Srey Kimheng
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Jitra Cotshadet: “When negotiating we need to be clear in our goals and consult with
others for collective solutions and have confidence in each other. When preparing you
should make a list of issues that are to be negotiated and have an idea of the minimal
outcome they want to see beforehand. It is important to have a backup proposal to
make sure you can keep the pressure on the employers during negotiations”
“When negotiating we need a team rather than one person and in that team each
person should have a role – researching, note-taking, speaking etc. The team needs
to be able to make decisions but they always have to check back with the workers to
make sure they are sticking to what the workers want”
“Labour leaders need to be able to communicate well at all levels and must be people
of knowledge about law and politics. They must be people who are not afraid to speak
out. A labour leader needs to be independent and not have any conflicts of interest
top cloud their judgment. They must not have any weak points or hidden skeletons
that the employers can exploit and use against the workers.”
So the speakers are saying that when preparing to negotiate it is important to select
the right people from the workers group to take the lead in negotiations, but it is also
important that those leaders are directly accountable to the group as a whole.
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The speakers provided us with a checklist to follow when undertaking
collective bargaining:
1. Speak to the workers to understand the problems and form a plan of action
2. Gather relevant documents:
2a) gather formal contracts and agreements between employees and employers
2b) gather relevant documents for negotiation (labour law documents, copy of
constitution, etc)
3. Set clear, realistic goals with highest aims, minimum outcomes
and backup proposals
4. Send the representative of workers to negotiate with owners,
if owners won’t negotiate:
4a) ask intervention from the Ministry of Labuor to apply pressure
4b) ask for support from the buyers from different countries to apply the pressure on the employer, since factory will respond to its customers
5) Call workers out on strike if negotiations fail and protest outside workplace
Remember; when choosing the issues you want to negotiate on decide a
minimum amount that you want to get from employers and keep backup
proposals in reserve in case you don’t get an agreement on the initial proposals.
But it is also important to have a prime goal in mind. As stated earlier by Jittra,
“improving conditions is a main objective in the short term but in the long term it
is about improving our societies”
The last resort for workers, if the employers refuse to come to any agreement,
is the strike. The Laurence Strike of 1912 in America, with women workers leading
25,000 strikers, came to be known as ‘The Bread and Roses Strike’ because while
the strikers were calling for better hours, wages and conditions, they also realised
that these three things, though important, are not all that people need to have
a decent human life, there is more to life than that. So the strikers called not just
for better conditions but a better society as well and they held up signs that read
“Bread Yes! And Roses Too!”
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Case Study
Cambodia: Trade Union, employers and government
Srey Kimheng of the Free Trade Union (FTU),
describes a Cambodian experience of collective bargaining, involving workers and
their trade union on the one side and the employers and the government on the
other. The FTU entered into negotiations with the employers of garment factories, the
ongoing debate between the FTU and the employers led to further
involvement with the government and is an example of how important solidarity is in
the labour movement.
“We negotiated with the employers at garment factories in Cambodia. First we
submitted our suggestions to the owners and when a solution was not found and we
received no response we went to the Ministry of Labour in Cambodia. Then we contact the buyers of the garments, the corporations, and explain that the factory owners
are exploiting the workers. Following this, if there is a failure to reach an agreement
between the employers and the workers we call on government to be intermediaries/
witnesses.”
But, as we will see, calling on the government to intervene does not always produce
a good result. In many cases the government will side with employers against the
workers and help to break the solidarity of the workers. This is when we see in-house
trade unions come into action.
“My trade union has had some difficulties when proposing things to the
government; our suggestions were only partly responded to in the short term but not
in relation to long term policies. For example when we negotiate with the employer
and the government over the issues of the garment workers, my trade union proposed
that the government force the employers to increase the worker’s salaries. We waited
a long time for a response. Eventually we set a deadline for them to respond, deciding
that if they did not respond by a certain date we would call on workers to strike!
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In Cambodia we have three types of union, the pro-government, the pro-employer
and the independent trade union, and the pro-government and pro-employer
discriminate against the independent ones such as my trade union. Independent trade
unions are solely working for the workers and the other two types of union do not
agree with our worker focus.
We invited other trade unions to join us in our ultimatum, but the trade unions that
are pro-employer and pro-government (i.e. in-house unions) refused.
The government and the employers had urgent meetings on the issue but didn’t invite
the workers trade unions to attend. The result of these private meetings was that the
government did offer to increase salaries, but it wasn’t an increase in real terms as
the amount didn’t correspond with the rising cost of living. We called on the
government to amend this by giving the workers a bonus salary.
To date, there have been only three actors in debate over the issue of workers’
salaries, the government, the employers and thirdly, the pro-government unions, all
meeting to discuss bonus salaries that we had called for, but the FTU has been
excluded” Srey Kimheng, Secretary General of the Free Trade Union, Cambodia
During the two days, the participants in the meeting, took part in activities to
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Organizing:
Obstacles and Opportunities
determine what obstacles they face when they try to organize and what
opportunities exist that they can take advantage of for organizing. Here is the list that
the participants agreed on:
Obstacles to Organising:
m
m
m
m
m
m
m
m
Immigration law:
Migrants are very vulnerable to arrest and deportation. If they start to organise, the employers will call in immigration and they will be deported.
National Security:
government and sometimes local population are afraid that organised foreign workers will pose a threat to national security.
Employers:
employers usually immediately dismiss workers who try to organise and often discriminate against workers who form or join unions
Lack of knowledge about laws and rights:
information about the laws and our rights does not reach all migrant workers
so it is difficult to get solidarity
Discrimination in enforcement of laws:
the rights we do have under the law are ignored by the employers and
the authorities neglect to enforce them
Lack of unity between groups:
without solidarity between migrant workers we can’t organise effectively
Politics:
politicians make decisions based on popularity among supporters but migrants have no vote so politicians do not need to do anything good for them and often those with influence encourage politicians to discriminate against migrants
Lack of networks and communication:
we need more communication between migrant workers and Thai workers, between migrant workers groups and Thai trade unions to help create a network of solidarity
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m
Movement in jobs:
some jobs involve migrants to move to different locations as time goes on,
in the construction industry for example. This means it can be hard to unite with
other workers for long periods and organise ourselves collectively
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Isolation:
some jobs are cut off from other workers and isolated, such as domestic
workers. This means it can be hard to find others in a similar situation, who
understand the issues faced at work. There are no co-workers to join with to
stand up for workers rights
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No coherence:
sometimes our aims are different which can mean that we are not working
together and this stops us developing solidarity
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Fears of unemployment:
If we are unemployed we can’t live or support our families so we fear doing
anything that could lead us to lose our jobs
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Lack of leadership and skills:
we need to develop more leadership skills for everyone so we are all confident
in standing up for our rights
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No experience of unions in Burma:
when we arrive in Thailand we have no previous experience of organising in the
workplace and uniting in solidarity
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Fear of violence:
employers and the authorities use violence to stop us organising and standing together in solidarity
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Limited employment options:
we don’t have many different choices in jobs so we need to keep the ones we have, we can’t afford to be unemployed.
Opportunities to Organise:
Support:
there are many more migrant organizations working for migrants
now than before
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Communication:
we have more and more abilities to communicate through technology like phones and the internet, and we can contact people from other countries and in different languages
Trade Unions:
we can learn from other trade unions and work in solidarity with them
Skill Sharing:
organizations like MAP support migrants to develop organising skills
Special Events:
we can reach many fellow migrants through cultural events and celebrations
Stakeholder:
we can participate in policy making as a stakeholder
Need for Migrants:
Thailand depends on migrants for the work we do
Acceptance:
there is now more acceptance of migrants in Thai community
than there used to be
ASEAN:
some resolutions are being created that support migrants
l Publicity:
migrant issues is being discussed at the nation, regional and international level
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Media:
we can use media as watchdog for organizing and expose exploitation
International Laws:
we can lobby for international recognition of our needs
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l Thai Unions:
documented migrants can be part of Thai unions and work in solidarity
l People Power:
people are already organized, there are women’s groups, democracy groups
environment groups etc, we can do it too!
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Temporary Passport:
the freedom of movement is beginning to be granted
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Thai Volunteers:
there are more Thai people volunteering to help migrants, many of them have legal background.
Equality & Solidarity:
between migrants and Thai workers, it is the way forward!
Overcoming Obstacles and Using the Opportunities
Later in the meeting, the participants reflected on the lists above and went into more
detail on some of the issues raised, on how they could use them to really make progress in organising.
1. ¯
How can working with trade unions and networking help us organise?
Educate other workers about our issues
Information from other trade unions about migrants
Teach Thai workers about the rights of migrant workers
Improves communication with authorities
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How can temporary passports help us organise?
Helps to get social security and thus have a social safety net, do not have to worry all the time, have more time to do other things
Allows us to travel freely to attend meetings and to mobilise
Allows us to take a driving test and get a licence. Migrants then do not have to be dependent on others for transportation.
Longer period of security (4 years)
With documentation it is easier and safer to call for labour rights
Perform our cultural rights fully without fear, so we are mentally more relaxed.
Respond to the situations as they arise
Gives us increased confidence
Allows more access to healthcare
Right to form associations
Sue employers
More opportunities to study IT tech and other skills
Better protection under Thai laws
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3. ¯
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How can participating in policymaking help us organise?
If we are invited, we can explain exactly what our problems are
Try and change the attitudes of local officials
Learn more about problems in other regions and choose most useful strategies
Increased confidence, organizing knowledge, and power for their movement
4.
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What policy changes would overcome some of the barriers to organising?
more law enforcement for employers to conform
with the labour laws and standards
government to enforce non-discrimination laws
Open new registration session for new and unregistered migrant workers and do not limit registration period
Rights of migrant workers protected
Allowing migrant workers the freedom to change employers,
to choose employment and employers.
Providing job finding services, so that migrants can find employers
who have a quota
Migrant workers should have the right to choose work
that makes them feel DIGNITY
5. How can we overcome the obstacle of fear?
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Leadership trainings
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Educate migrants to be confident and demand their rights
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Mobilize to unite in solidarity
REMEMBER THERE ARE ALWAYS MORE OPPORTUNITIES
THAN THERE ARE OBSTACLES!
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