Defying Challenges, Myanmar Workers Win Rights at Work

Defying Challenges, Myanmar Workers Win Rights at Work

Fifteen minutes before the gray, 12-foot gate of the garment factory compound in Myanmar’s Hlaing Thar Yar industrial zone opens to release workers, vendors selling fried chicken on sticks and bags of nuts gather in anticipation. At a designated time, the guards roll back the gate and the vendors push their heavy carts up a steep hill and into the compound. If they hesitate, they are locked out as guards quickly close the gate behind them.

Minutes later, the gate is opened again, and workers rush down the hill to the dirt road, jostling for a place on the open transport trucks that will take them over rutted roads to packed apartments where they pay nearly a quarter of their wages to live. There, they can again access their mobile phones, which are prohibited from factory premises, where the heavy gate locks them behind steep walls from the start to the end of their daily shifts, six days a week.

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Lwin Lwin Mar migrated from Myanmar’s Irrawaddy Delta in search of a job, and now is among 300,000 garment workers in Hlaing Thar Yar industrial zone. Credit: Solidarity Center/Tula Connell

The scene is repeated countless times across the vast industrial zone, where more than 700,000 workers toil, including 300,000 garment workers. Corporate brands from around the world source their clothes, shoes and other apparel to factories in Hlaing Thar Yar.

Most of the workers, like Lwin Lwin Mar, 34, migrated to Hlaing Thar Yar, 12 miles northwest of Yangon, from other areas in Myanmar. Lwin Lwin Mar came from Irrawaddy Delta in search of a job after the 2008 cyclone devastated the region. Aung Myint Myat, a co-worker of Lwin Lwin Mar from the Bago region, sends money back home to his relatives, as do many factory workers.

Both garment workers helped form a union at a 200-worker factory, standing up to massive employer resistance. Many workers were fired in 2015 for forming the union, but with the assistance of the Confederation of Trade Unions–Myanmar (CTUM), some workers returned to the job.

“The life of workers is very poor,” says Myo Zaw Oo, a CTUM organizer who helps garment workers form unions and helps solve their problems at the workplace. “Workers don’t know about their rights. They are very vulnerable,” he says, speaking through a translator.

Unions Seek to Ensure Labor Helps Shape the New Economy

Last year, Myanmar passed its first-ever law setting a minimum wage—$83 per month—yet employers do not always pay it. Nor do they follow the country’s minimal safety and health regulations or overtime laws, union activists say, making worker education a top priority for CTUM. Even the full minimum wage is not sufficient for workers to support themselves and their families, union leaders say.

After five decades of military dictatorship, political transformation has opened the country in the past few years, and union leaders have sought to ensure that workers are part of the process structuring the ensuing economic and cultural change.

Shortly after he returned to Myanmar in 2012 after nearly 30 years in exile, CTUM President U Maung Maung met with corporate leaders of international brands at a Washington, D.C., conference sponsored by the Solidarity Center and AFL-CIO. The meeting was part of a labor-backed process to ensure corporate accountability and respect for worker rights are embedded at the start of the foreign investment process in Myanmar.

“Labor needs to be involved from the start,” Maung Maung said at the conference. “I would rather have workers’ rights built in from the beginning rather than added on later.”

Helping Workers Form Unions Across Myanmar

Today, CTUM is spearheading union building at a rapid pace, with more than 60,000 workers forming unions since 2012, when Myanmar passed laws allowing the creation of unions. Factory-level union activists like Two Ko Ko, 32, are identified for leadership potential in CTUM, and invited to take part in training to build their skills.

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Two Ko Ko, an organizer with the Building, Woodworkers Federation–Myanmar, a CTUM affiliate, helps workers form unions at cement and plywood factories in Hmawbi, an hour north of Yangon. Credit: Solidarity Center/Tula Connell

Now an organizer with the Building, Woodworkers Federation–Myanmar, a CTUM affiliate, Two Ko Ko helps workers form unions at cement and plywood factories in Hmawbi, an hour north of Yangon, as well as at construction sites.

“Workers don’t understand that they have rights that are on the books,” he says. “Law enforcement is weak. Unions help make employers follow the laws.”

For instance, says U Lim Mg, union president of a 170-worker clay factory where workers formed a union in 2012, “the union is enforcing the 1951 Factory Act that governs hours and safety.”

The workers ground and mold clay to make floor and roof tiles and are exposed to heavy dust. But until they formed a union, the employer provided only flimsy paper masks. Now, they have proper protective equipment, says Two Ko Ko.

“I have seen much progress since the union has been at the workplace,” says Tin Tin Than, 43, who has worked as cleaner for 10 years at the clay factory. She says their collective bargaining agreement ensures the employer pays the minimum wage and provides transport to and from the factory.

Despite the many challenges, including strong employer resistance to unions and a broad lack of familiarity with fundamental worker rights, Myanmar union activists like Two Ko Ko are determined to help workers achieve decent wages, safe and healthy workplaces and respect at work.

“The best part of my job,” he says, “is when people recognize their rights and decide to form unions.”

Farmers Form Unions across Myanmar to Save Their Land

Farmers Form Unions across Myanmar to Save Their Land

On a hot, damp morning in Hlae Ku Township, Myanmar, Kyin San surveys the rice fields spread below her, as Mg Zaw, knee deep in mud, drives two oxen to plow the remaining plot. For many years, Kyin San, like most of the farmers in the area, worried that her land would be confiscated for large-scale development, as had so many other farms over the years.

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Burmese rice farmer Kyin San says by joining a union, farmers can share strategies and techniques to improve their craft. Credit: Solidarity Center/Tula Connell

But now, Kyin Sun says, farmers are no longer hesitant to negotiate with the government to settle disputes. Along with 10,000 other farmers in the township, Kyin Sun has joined the Agriculture and Farmer Federation of Myanmar (AFFM), part of the Confederation of Trade Unions–Myanmar (CTUM).

“Through CTUM, we have made much progress,” she says, speaking through a translator.

Farmers across Myanmar are the fastest growing group of workers forming unions since 2011, when a new law allowed creation of unions. Within weeks of the law’s passage, farmers, woodworkers, garment workers, hatters, shoemakers and seafarers quickly registered their unions.

Connecting Farmers

Htay Lwin, president of the Hlae Ku Township agricultural union, says farmers also have sought to join unions to learn new technical skills to improve their farming techniques, a goal Kyin San says has been advanced by union membership.

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Union President Htay Lwin says many farmers are joining unions to protect their land from being confiscated for large-scale development. Credit: Solidarity Center/Tula Connell

“Now we can communicate with farmers across the country and share our experience with others,” she says.

AFFM members are connected with the Asian Farmers Association for Rural Development, a regionwide organization based in the Philippines that provides training on seed production, food safety and other issues, says CTUM President U Maung Maung.

Speaking from CTUM offices in downtown Yangon, Maung Maung discussed how the federation is moving forward with the plan he nurtured for decades during his political exile in Thailand.

“We are doing what we wanted to do for the past 30 years—building unions, getting into negotiations with employers, trying to develop policies with labor and management,” he says.

Rebuilding Worker Power after Decades of Dictatorship

Maung Maung was forced into exile after a violent military crackdown targeted thousands of pro-democracy demonstrators and labor leaders, many of whom were sent to prison. He returned to Burma in 2012 and since then, CTUM has helped some 60,000 workers organize unions. CTUM received official government registration last year.

Now, CTUM is working with policymakers to enact social welfare reforms and drafting recommendations for revising the country’s labor laws, many of which were enacted when the country achieved independence from Britain in 1948. After decades of military rule, Myanmar trails many Asian nations economically, and Maung Maung sees much work ahead in modernizing the workforce and developing a culture of social dialogue among workers, business and government common in other countries.

Fundamental to effecting the change CTUM envisions is educating workers about their rights. Workers for many years had no freedom to improve their working conditions, and unions now are helping them understand that they can stand up for their rights—and how to do so.

Because, as Maung Maung says, it all comes down to the workers.

“The workers have to know what they want—and they have to push for it.”

Coalition to World Bank: Hold Uzbekistan Accountable

Coalition to World Bank: Hold Uzbekistan Accountable

The World Bank must convey to the Uzbek government that attacks against independent monitors assessing the extent of forced labor in the country’s cotton harvest will not be tolerated. The World Bank must also outline consequences should the attacks continue, according to the Cotton Campaign.

In a July 29 letter to key World Bank officials, the Cotton Campaign, a coalition of dozens of labor and human rights groups that includes the Solidarity Center, wrote:

“The World Bank should take all reasonable measures to create an enabling environment for independent actors to monitor projects that it finances. We have not seen the bank take such measures in Uzbekistan.”

The World Bank Group is providing more than $500 million in financing to the government of Uzbekistan for its agriculture sector and additional financing to multinational companies processing forced-labor cotton in Uzbekistan.

1 Million in Forced Labor During Cotton Harvests

During each fall cotton harvest, the Uzbekistan government forces more than 1 million teachers, nurses and others to pick cotton for weeks, deeply cutting services at schools and medical facilities. Last fall, the government went to extreme measures—including jailing and physically abusing those independently monitoring the process—to cover up its actions.

“The Uzbek government’s repression of human rights monitors has made it impossible for essential mitigation measures of monitoring and grievance redress to function,” according to the coalition, which sent the letter in advance of an early August roundtable meeting of the World Bank, the Uzbek government, the International Labor Organization and diplomatic missions in Uzbekistan.

The coalition also is requesting that the World Bank “obtain an enforceable commitment from the Uzbek government to allow independent journalists, organizations and individuals to have access to all World Bank project-affected areas and to monitor, document and report about forced labor without interference or fear of reprisal.”

Uzbekistan Downgraded in US Trafficking in Persons Report

In June, an Uzbek victim of forced labor in cotton production and three human rights defenders filed a complaint against the World Bank’s private lending arm, the International Finance Corporation (IFC). They seek an investigation into forced labor connected to a $40 million loan to Indorama Kokand Textile, which operates in Uzbekistan. The complaint presents evidence that the loan to expand the company’s cotton manufacturing facilities in Uzbekistan allows it to profit from forced labor and sell illicit goods.

Also in June, Uzbekistan and Turkmenistan, where forced labor in cotton harvests also is rampant, were downgraded to the lowest ranking in the U.S. State Department’s 2016 Trafficking in Persons Report.

Coalition to World Bank: Hold Uzbekistan Accountable

Trafficking Report Highlights Uzbekistan Abuses

Uzbekistan and Turkmenistan, two countries where forced labor in cotton harvests is rampant, have been downgraded to the lowest ranking in the U.S. State Department’s 2016 Trafficking in Persons Report released this morning. The report also downgraded Myanmar (Burma) but boosted the ranking of Thailand, which a coalition of labor and human rights groups says has not meaningfully addressed human trafficking and should not have been upgraded.

Trafficking in Persons Report 2016The report, which ranks countries based on their efforts to fight forced labor and human trafficking, downgraded Myanmar, Uzbekistan and Turkmenistan to the lowest level (Tier 3), meaning their governments do not comply with minimum U.S. Trafficking Victims and Protection Act (TVPA) standards and are not making significant efforts to become compliant.

Each year, the Uzbek government forces more than 1 million teachers, nurses and others to pick cotton for weeks during last fall’s harvest. Last year, the government went to extreme measures—including jailing and physically abusing researchers independently monitoring the process—to cover up its actions.

In 2015, the State Department boosted Uzbekistan from Tier 3 to the “Tier 2 Watchlist,” saying the country was making efforts to become compliant with the TVPA, a move rejected by human rights activists who each year risk their lives to document widespread forced labor during cotton harvests.

Thailand Should Not Be Upgraded

Moving Thailand from the report’s lowest ranking is not warranted, according to a 13-member coalition, the Alliance to End Slavery and Trafficking (ATEST), which includes the Solidarity Center.

“Thailand’s lack of policy implementation and meaningful change on the ground calls for the lowest Tier 3 ranking,” says Kristen Abrams, ATEST acting director.

In June 2014, the State Department downgraded Thailand to the lowest ranking, due to reports of migrant workers, primarily from Burma and Cambodia, working in slave-like conditions on Thai fishing boats, fueling the country’s $7.3 billion seafood export industry and making it the world’s third-largest exporter. Today, many migrant workers still toil in forced labor and are held against their will on the boats where they are beaten and even killed. Thailand’s estimated 3 million migrants make up 10 percent of its workforce, but in seafood processing the make up 90 percent.

In releasing the report, U.S. Secretary of State John Kerry highlighted the plight of domestic workers, many of whom are working in countries far from their homes and are especially vulnerable to exploitation and abuse. Kerry announced the creation of a model contract for domestic workers based on international standards and a memorandum of understanding for origin and destination countries that sets clear standards designed to prevent the abuses of domestic work.

‘Malaysia Has Done Little to Address Trafficking’

This year’s report also fails to fix last year’s controversial upgrade of Malaysia, according to the coalition.

“More than a year after the discovery of mass graves of trafficking victims along the Malaysia-Thailand border, there is little evidence that Malaysia has taken anything more than meager steps to address its troublesome human trafficking situation,” Abrams says.

Among the 27 countries on Tier 3, the lowest ranking, are Algeria, Burundi, Haiti, Russia, Venezuela and Zimbabwe.

Profits from forced labor account for $150 billion per year, according to the International Labor Organization (ILO).

The report organizes countries into tiers based on trafficking records: Tier 1 for nations that meet minimum U.S. standards; Tier 2 for those making significant efforts to meet those standards; Tier 2 “Watch List” for those that deserve special scrutiny; and Tier 3 for countries that are not making significant efforts.

The Trafficking in Persons report, which has been issued annually for 16 years, covers 188 countries and is required by the 2000 TVPA law.

Guatemalan Union Leader’s Murder a ‘Cowardly Act’

Guatemalan Union Leader’s Murder a ‘Cowardly Act’

The murder of Brenda Marleni Estrada Tambito, deputy coordinator of the Legal Advisory Committee of the Trade Union of Workers of Guatemala (UNSITRAGUA / HISTORICA), was a “cowardly criminal attack” according to the Trade Union Confederation of the Americas (TUCA) union leaders, who strongly condemned her murder in a letter to Guatemala President Jimmy Morales Cabrera.

Estrada Tambito was shot five times and killed in Guatemala City June 19. She was followed from a bus terminal after dropping off her father, UNISTRAGUA leader Jorge Estrada y Estrada, who has been advising the negotiation of collective agreements in some of the banana plantations in the Department of Izabal. Several banana union leaders in Izabal have been murdered in Guatemala in recent years, and in 2014, 11 leaders from the UNSITRAGUA-affiliated banana workers’ union were fired on while at the plantation.

“This cowardly murder has again pushed families and the labor movement into mourning and reflects the climate and culture of fear of persecution and violent silencing that lingers in Guatemala and is suffered by workers, leaders and union officials,” TUCA (the Trade Union Confederation of the Americas) and its parent organization, the International Trade Union Confederation (ITUC), wrote.

“This situation is intolerable.”

Union activists are frequent targets for violence and harassment in Guatemala. In the first quarter of 2016, one union member was murdered, another physically attacked and 12 instances occurred in which union activists were threatened or harassed, according to the Red de Defensores de Derechos Laborales (Labor Rights Defenders Network) in Guatemala.

Last year, the Network, a coalition of trade union confederations and human rights monitors, documented 14 incidents of anti-union violence in Guatemala, including the October 2015 murder of Mynor Rolando Ramos Castillo, a municipal worker in southeastern Guatemala.

62 Unionists Murdered in Guatemala in Eight Years

Some 62 union members and leaders in Guatemala have been murdered since the U.S. government pursued an April 2008 complaint against Guatemala for violating the labor chapter of the U.S.-Central American Free Trade Agreement (CAFTA). The government acted after six Guatemalan unions and the AFL-CIO submitted a complaint with the Office of Trade and Labor Affairs (OTLA).

In an unprecedented move, the U.S. government last year agreed to take Guatemala to international arbitration for violating worker rights under CAFTA. The action was the first time that a country has sought international arbitration against another for a violation of labor standards and followed Guatemala’s failure to implement an 18-point enforcement plan to address worker rights violations. More than eight years since filing the complaint, labor rights violations and attacks continue, as the arbitration panel has announced another delay.

TUCA and the ITUC are urging the government to take steps to ensure the safety of trade unionists and to investigate and punish those responsible for Estrada Tambito’s murder. Despite ongoing violence against union members—murder, torture, kidnappings, break-ins and death threats—few perpetrators are brought to justice.

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