Do India’s trade unions have it in them to resist a labour blitz?

The Hindu Times just published a very interesting article and analysis on India's labour problem. Read the introduction here and follow the link to the full article here.

As the NDA government leans towards industrialists by scripting reforms that would legalise and expand contract labour, the big question is: do India’s trade unions have it in them to resist this imminent legislative blitz?

On February 24, the RSS-affiliated central trade union Bharatiya Mazdoor Sangh (BMS) will hold a nationwide protest against the NDA government’s labour law reforms. On March 10, all the 11 central trade union organisations (CTUOs), including the BMS, will observe a national protest day. And in end-March, they are planning a mass convention on labour policies to mobilise workers. All this comes in the wake of a 15-point pre-Budget memorandum of demands that the CTUOs had submitted to the Union Finance Minister in January.

India’s ‘labour problem’
Ask any top executive from India Inc. and he would tell you that India has a labour problem. And the International Labour Organisation (ILO) would agree. So here’s a quick but unconventional overview of India’s ‘labour problem’.

There are eight core ILO Conventions against forced labour (also known, in less euphemistic times, as slavery). India refuses to ratify four of those: C87 (Freedom of Association and Protection of the Right to Organise Convention); C98 (the Right to Organise and Collective Bargaining Convention); C138 (Minimum Age Convention), and C182 (Worst Forms of Child Labour Convention). India also refuses to ratify another major convention, C131, or the Minimum Wage Fixing Convention. These refusals in themselves present a succinct picture of the status of, as well as the state’s attitude to, labour welfare in India.

The Annual Global Rights Index, published by the International Trade Union Confederation (ITUC), rates 141 countries on 97 indicators derived from ILO standards. The rating is on a scale of 1 to 5-plus, based on the degree of respect accorded to workers’ rights. In 2015, India had a rating of 5, the second-worst category. It denotes “no guarantee of rights”. Despite being a constitutional democracy, on the matter of worker rights, India is in the same club as Saudi Arabia, UAE and Qatar, all dictatorships.

So yes, India certainly has a labour problem. And a reform of the present labour regime is a must. But what form should this reform take?

Follow the link to the full article here.

Nepal fixes new minimum wages

The Government of Nepal has recently amended the minimum wage under Labor Act, 1992 by publishing notice in Nepal Gazette Part 5, Volume 63, Number 43, dated February 01, 2016 (2072-10-18). For the workers/employees working in enterprises other than tea estate, the monthly salary has been fixed at 6.205NPR and a dearness allowance of Rs. 3495, amounting to 9.700NPR. The porevious salary was 8.000NPR, so this represents an increase of 21%. The Daily Wages have been put at 395NPR. The minimum wage is applicable to all workers / employees irrespective of status of the employment or the length of service. A study by GEFONT estimates that this would apply to 1,5 million regular employed workers (unpaid family workers cover 4.1 millions and self employed workers excluding the unpaid family workers are 3.8 millions).

Despite initial efforts and dialogue with the trade unions, this amount was decided solely by the government.

Press release: MIGRANT WORKERS’ LIVES MATTER!

A press conference was held today in Kathmandu, with a press release in English and Nepali (see below), where 18 people attended, among whom Nepali journalists and one French photographer. First, a documentary entitled Bruise of Qatar was shown, then Jeroen Roskams from WSM introduced the purpose of the press conference and the context of this programme. Next, Bismo from WSM and coordinator of this project, launched a collection of testimonies. Two Nepali migrants testified during the conference regarding their working conditions in Qatar. Next, Khila Nath Dahal, president of NTUC, spoke about the importance of organizing migrant workers and the role of trade unions. Then M Bishnu Lamsal, General secretary of GEFONT, explained the recommendations and demands towards the Qatari and Nepali government. Last, Tom Deleu from ACV-CSC-BIE spoke about the international solidarity. Journalists were then given the opportunity to ask questions.

Six labour organizations from India and Nepal, of which three national trade union centers (GEFONT, NTUC, CFTUI), their affiliated construction federations (CUPPEC, CAWUN) and one domestic workers’ movement (NDWM), are gathering in Kathmandu on 28 and 29 February to discuss how they can jointly support migrant workers who are working in Qatar. Through a program that is hosted by the Belgian NGO WSM and the Belgian federation of construction workers ACV-CSC BIE, we are putting together our efforts in a joint action plan for the next five years (2017 – 2021) to strengthen the initiatives we are already taking in support of Indian and Nepali migrant workers. During the meeting, we discussed the different options for concrete action on which we can work together, going from campaigning and pre-departure training to giving legal assistance and organizing the migrant workers in Qatar as well as in the sending countries.

Since 2014 already we have been collaborating in a pilot project to map out how migrant workers in Qatar are organizing themselves through local support groups and how they are communicating between themselves and with the trade unions in the sending countries. One of the project’s goals was also to get a view on the actors that are involved in the migration process from Nepal/India to Qatar (recruitment agencies/agents, multinational companies, contractors and subcontractors, embassies, local and national governments...). Just now, our collaboration has also resulted in a collection of testimonies, which we present to the world today.

Around 1.200 migrant workers have died in Qatar since it was awarded the World Cup in December 2010 and it is projected 7.000 more will die by the time the championship takes place in 2022.

Shame Cambodian Capitol Tours Bus

Call for action!

In solidarity with our Cambodia partners, please post the following message on the Capitol Tours Bus company Facebook page:
Capitol Tours Bus Company, I am severely shocked by how you are violating the rights of your workers. You should immediately reinstate the 45 illegally terminated union members with back pay. And you should end the practice of violence and intimidation against union members and respect freedom of association and the right to collective bargaining!

You can also leave a poor review in their review section, and add this message to it as explanation. Let's show them the mobilization that takes place if a company doesn't respect freedom of association and collective bargaining!

Qatar workers from India demand justice in Chennai - NDWM

National Domestic Workers Movement organised a press meet to seek justice for the affected “Qatar migrant” at the Chennai press club on 11 February 016 at 11.30 am. From October to December 2015, NDWM was in contact with 17 affected migrants, among whom 11 migrants decided to speak during the press meet. These affected migrant labourers were trafficked with false promises, violating the process of labour migration. These migrants sweated blood in extreme heat and cold with minimum food in Qatar, without basic infrastructure in the labour camp. Still, thousands of migrants work day and night to give a new look to the cities in Qatar and to prepare them for the World Cup 2022. Thousands of labourers have lost their life in Qatar and in coming years, migrants and their rights need to be protected. So to seek justice for these returned, affected Qatar migrants, as well as to spread awareness on the realities of migrant life in Qatar, NDWM organized this press meet.

The migrants were holding plea cards with the details of the agents and the employers.
Each one of them had the chance to speak to the media;
the migrants even had the photos of their employers and of some of the agents. 

Tamil Nadu, India unorganized sector too unaware of social schemes to avail benefits

NDWM from India shared this article from the Times of India today, commenting that, despite several social security schemes by the government in Tamil Nadu, domestic workers fail to benefit from them, due to lack of awareness. Another issue for availing the schemes is the absence or difficulty in providing ID proof among the migrant workers.

The article states that: "As per the state government, migrant workers of unorganised sector such as construction, handicrafts, tailoring, domestic workers and street vendors are eligible for several benefits," said an official from the labour department. A common problem that these workers face is lack of residential proof or any other proof certified by the state government. As per the labour department, migrant workers would be provided with an ID card, given government allowances in addition to other benefits. However, only a few are aware of these schemes. Of the 129.000 migrant workers in Coimbatore, only 2,000 have applied for government benefits.

ILO Global Flagship Programme on Social protection

In 2016, the ILO launches a new global flagship programme for social protection. This programme can make social protection floors (SPFs) a national reality in 21 target countries that still have underdeveloped or fragmented social protection systems. At the country level, the programme carries out assessments of social protection situations and provides recommendations to build nationally-defined social protection floors, supports the design of new schemes or reforms of existing schemes, supports their implementation and improves the operations of social protection systems. A global campaign supports the whole process to inform, train, and convince decision-makers of the importance of implementing social protection systems and developing partnerships to maximize the positive impacts.

This programme builds on the Recommendation concerning national floors of social protection, 2012 (No. 202), in June 2012. National social protection floors guarantee a basic level of protection for all residents and children. Countries should also progressively provide higher levels of coverage to
as many people as possible. Social protection floors have been endorsed by UN member States, supported by the G-20 and acknowledged at many other forums.

For WSM partners in Asia, three countries are concerned:
- India: extension of social protection to workers in the informal economy,
- Indonesia: implementation of the new Social Security Provider Law, implementation of a single window service in 100 districts and
- Cambodia: implementation of a health insurance scheme and a single window service in Siem Reap province

For more information, see ILO website here.

Conservancy workers air their complaints before public hearing, Karur, Tamilnadu, India - AREDS

Tamil Nadu Conservancy workers trade union conducted a Public hearing on manual scavenging workers in Karur, Tamil Nadu, India on February 7, 2016, where fifteen depositions were presented before the jury in front of 400 people. The very workers that keeps the city and the residences of the communities clean do not have a decent place to live. Often they are forced to stay in the sewage canals with most unhygienic places. Within the caste structure, Dalits who work as manual scavengers are usually from the Hindu Valmiki sub-caste. These communities are held at the bottom of the social hierarchy and, accordingly, face discrimination even from within the Dalit community. Considered fit for only the most “polluting” labor, their role is to manually dispose of human excrement and perform other unsanitary tasks. In March 2014, in an effort to resolve this, the Supreme Court of India estimated that there are 9.6 million dry latrines that are still being cleaned manually by people belonging to the Scheduled Castes. This does not take into account manual cleaning of open defecation from roads and other areas, removing excrement flushed into uncovered drains by private households in rural, semi-urban, and underdeveloped urban areas, or manual cleaning of private and government septic tanks. In a landmark judgement in 2014, the Supreme Court ordered the abolition of manual scavenging and asked state governments to provide financial assistance and rehabilitation to those who had lost a family member to the inhuman practice.

In order to highlight the reality of these workers to a larger public and to bring out legal issues for the state to take immediate action, a public hearing was organized with cases presented to a jury.

Two persons died of asphyxiation while they were cleaning the septic tank in a plastic company in Karur. A widow presented the case where her husband died during his service time but the government has not yet paid death compensation and other benefits the deceased person or his family is entitled to have. Others demanded higher pay, as they made only 2.000Rps(26€) per month, which isn't enough to live from. Another conservancy worker worked in Chennai in scavenging work after the floods. The government authorities did not provide them with safety equipments, so they had to work with bare hands, removing carcasses, debris and draining sewerage. No accommodation had been provided and remuneration has yet to be paid. Another worker did the same job for ten days only received 200Rps total instead of the promised remuneration of Rs1.000. A woman worked without protective gears like gloves and facial mask and was afflicted with a soar throat, becoming incapable of eating, swallowing and spitting. She had to spend 20.000Rps at the hospital and for

medication, nothing of which was reimbursed and the administration did not even give her leave when undergoing medical treatment.

At the end of the public hearing, the participants observed one minute silence as paying homage and honouring the conservancy workers, who died of asphyxiation. This hearing was conducted in solidarity with Tamil Nadu Conservancy workers Federation, TAAMS, Tamil Nadu Land Rights Movement, SWATE, Dalit Rights Awareness Liberation Movement, Janodhayam and AREDS. Next, the jury will turn each deposition into a case to be filed with the respective department and take legal action against the erring officials and departments, with the support of the solidarity movements.

First Minimum wages established for domestic workers in Rajasthan, India

Media reported another small victory in the efforts to set minimum wages for domestic workers in India.

In a first such initiative, the government of Rajasthan in India has enforced fixed minimum wages for domestic help and has set limited working hours. The move comes after the state labour department's notification dated December 21, 2015, which had mentioned the implementation of labour reforms in the unorganised sector.

"Domestic workers were included in Scheduled 27 of the Minimum Wages Act eight years ago. But, we have now fixed the number of working hours for them to ensure they are paid well," said  Dhanraj Sharma, Additional Labour Commissioner as per a report by DNA.
The minimum wage has been set at Rs 5,642 per month for an eight-hour which will include cooking, washing, baby sitting and other daily chores. It is exclusive of food, clothing, accommodation or any other benefits.

Here is all you need to know about the new rule:

• In case of overtime, they will be paid double the minimum fixed per hour for each hour beyond the mandated eight hours.
• For just washing dishes and laundry, they will have to be paid a minimum Rs 705 per month for a household of four people. If the households consists of more than four people, 10% extra will have to be paid over the minimum.
• Labour inspectors will  carry out surprise checks in every district and the violators will be penalised. Domestic workers will be eligible for compensation as high as 10 times the difference between the minimum wage and the amount he or she was received.

Climate Change and the importance of social protection

People in developing countries—particularly the agricultural poor—face a host of risks to their lives and livelihoods, including those stemming from globalization, climate change, and weather shocks. These experiences highlight the importance of social protection, which can have a potentially significant impact on reducing poverty and vulnerability when implemented with the optimal design, targets, and resources. ‪ Social protection could address the short-term consequences of negative shocks to agriculture, employment, or health, and in doing so could also help to address the medium-term impacts on productivity and income growth.

In light of today being the start of the UN Climate Change Conference in Paris #‎COP21, to reach a legally binding and universal agreement on climate, discover more on the topic from the International Food Policy Research Institute (IFPRI) here.

Increase minimum wage to 177USD in Cambodia: start of online campaign!

 Is 177$ for Cambodian garment workers really too much to ask for?
Standing in solidarity with Cambodian workers today who make clothes.

Tweet it: Cambodian workers need $177 a month. @hm @ca_europe @levis #weneed177

Put it on their facebook pages:
- http://www.facebook.com/ca.belgium
- https://www.facebook.com/#!/hm/timeline
- https://www.facebook.com/#!/Levis.benelux
- https://www.facebook.com/Zara/?fref=ts

Take a picture with the sticker and post it online, and send it to wouke.oprel@wsm.be

Place of elderly in Belgium and Bangladesh: look and learn visit between OKRA and GK

With population growing ever grayer, both the north and the south are faced with realities and challenges of how to care for these elderly, integrate  them and offer them a dignified retirement. Clearly, social protection plays a major role in this. To share practices, a look and learn visit from OKRA, a Belgian member organisation of the Belgian Christian workers movement which caters for the specific needs of the 55+, to GK in Bangladesh. 12 volunteers from OKRA, including Jef Van Hecken, who was previously based in Dhaka for WSM, and two colleagues from WSM are participating for two weeks. 

You can follow their blog (in Dutch) here.

MoU to assist Nepali migrant workers in Qatar

In a bid to protect the rights of Nepali migrant workers in Qatar, which numbers to over 450,000 workers in varied sectors, the National Human Rights Commission of Nepal and the National Human Rights Committee of Qatar signed a Memorandum of Understanding (MoU) and activation plan.

National Human Rights Commission Nepal Chair Anup Raj Sharma and National Human Rights Committee Qatar Chair Dr Ali Bin Al Marri signed this agreement to provide mutual assistance for the protection of migrant workers. The Nepalese delegation consisted of Mr Kamal Thapa Chettri and Ms Kalpana Jha as commission officers. Mr Laxman Basnet, SARTUC General Secretary, also accompanied the Nepalese delegation. SARTUC played a crucial role in bringing the two Human Rights Commissions together for facilitating the signing of this MoU. Solidarity Centre provided assistance for this accomplishment. Mr Laxman Basnet hailed the signing of MOU as a great step towards protecting Nepali migrant workers’ rights, and also stressed that such agreements shall be facilitated between NHRC Nepal and other countries of destination for Nepali migrant workers.

During the Qatar visit, SARTUC organised meetings and held discussions with Qatar-based Nepali organizations and groups regarding their conditions. The NHRC Nepal team and SARTUC General Secretary visited labour camps and the Nepalese Embassy in Qatar.

WSM Asia partners support the Social Protection 4 All campaign

All WSM Asia partners expressed their support to the Social Protection Campaign 4 All during the Continental Planning Workshop in Indonesia...