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International Centre for Trade Union Rights Britain exploits migrant workers Source: International Union Rights, Vol. 2, No. 3, Representation at work: Workers strike over new Panama Labour Code (1995), pp. 14-15 Published by: International Centre for Trade Union Rights Stable URL: http://www.jstor.org/stable/41935449 . Accessed: 12/06/2014 23:36 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . International Centre for Trade Union Rights is collaborating with JSTOR to digitize, preserve and extend access to International Union Rights. http://www.jstor.org This content downloaded from 195.78.109.24 on Thu, 12 Jun 2014 23:36:59 PM All use subject to JSTOR Terms and Conditions

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Page 1: Representation at work: Workers strike over new Panama Labour Code || Britain exploits migrant workers

International Centre for Trade Union Rights

Britain exploits migrant workersSource: International Union Rights, Vol. 2, No. 3, Representation at work: Workers strikeover new Panama Labour Code (1995), pp. 14-15Published by: International Centre for Trade Union RightsStable URL: http://www.jstor.org/stable/41935449 .

Accessed: 12/06/2014 23:36

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

International Centre for Trade Union Rights is collaborating with JSTOR to digitize, preserve and extendaccess to International Union Rights.

http://www.jstor.org

This content downloaded from 195.78.109.24 on Thu, 12 Jun 2014 23:36:59 PMAll use subject to JSTOR Terms and Conditions

Page 2: Representation at work: Workers strike over new Panama Labour Code || Britain exploits migrant workers

British Committee In conjunction with the North West Regional Committee of the British TUC, ICTUR held a one day conference in Liverpool . Attended by delegates

from union regional com- mittees, branches and Trade Union Councils (local multi-union delegate bod- ies) speakers were Peter Booth, TGWU national offi- cial, lawyer and ICTUR Vice President John Hendy QC, Michael Hindley MEP and Cambridge economist Jonathan Michie. Marjorie Carey of the shop workers chaired and ICTUR execu- tive secretary Tom Sibley closed. The conference dis- cussed union rights includ- ing developments in European law, International Trade and Social Clauses and trends in the World Economy. The British Committee is keen to follow this conference up with more regional events in the coming year.

ICTUR The ruling body of ICTUR held its annual meeting in Geneva during the ILO Conference in June. Meeting at the headquar- ters of the ILO, as an accredited organisation, delegates from ICTUR National Committees, ICTUR vice presidents and visitors from bona fide trade union organisations from around the world received reports and dis- cussed future work. They also elected the president and vice presidents who, along with the executive secretary, make up the Executive Committee. The Administrative

Council expressed the con- tinuing high praise for the journal International Union Rights and conveyed a mes- sage of congratulations to lUR's London-based editori- al board. A programme of work was

adopted with ambitious tar- gets to develop ICTUR's National Committee struc- ture, to expand the journal and to conduct a Focus on Guatemala campaign in sol- idarity with the trade union movement in that country. It was agreed that such a programme can only be car- ried through if the organisa-

tion's acute financial prob- lems were overcome during 1995-1996. All existing vice presi-

dents listed on page 1 were re-elected and Zwelinzima Vavi of COSATU was con- firmed as president. A new vice president, Sergei Popello, international secre- tary of the 50 million strong Federation of Independent Trade Unions of Russia (FITUR), was elected.

United States ICTUR Vice President John Hendy QC was the guest of the National Lawyers Guild of the United States at their annual convention which took place in August. While in the United States John Hendy and Maurice Sheehan (ICTUR, Ireland) had discussions about ICTUR's work in North America. A fuller report will appear in a forthcoming International Union Rights.

Ireland Preparations are well advanced for the formation of an ICTUR Committee in Ireland and it is hoped to hold an inaugural meeting early in Autumn 1995. • Enquiries should be sent to Maurice Sheehan, Acting Secretary, ICTUR Ireland, c/o Mandate, O'Lehane House, 9 Cavendish Row, Dublin 1, Ireland.

France Discussions with French unions and employment lawyers could provide the basis for the formation of a French National Committee of ICTUR early in 1996.

ICTUR ICTUR executive secretary Tom Sibley reported to the ICTUR Administrative Council Meeting in Geneva in June 1995

Dear Comrades and friends My report characterises the past year as one of consoli- dation for ICTUR. We have not only kept our organisa- tion alive and together fol- lowing the total breakdown of relations with previous sponsors but we have man- aged some modest growth. Of course we have serious problems and limitations as will become absolutely

clear when we deal with the financial position later on the agenda. But our rele- vance remains strong and our approach solid. Everywhere you look the

struggle to defend (usually) and to advance (rarely) trade union rights is at a crucial stage. Many politi- cal leaderships hide behind the need for economic development and restructur- ing to trample all over work- ers rights as if the two requirements were irrecon- cilable. Note how many speeches here this week by government ministers con- centrate on economic growth linked sometimes spuriously to employment growth rather than democ- ratic rights. Notice that these same leaders are full of congratulations for the ILO Report on Unemployment while argu- ing against the ILO becom- ing trapped in old fash- ioned ways which they claim will foster protection- ism and other barriers to the free play of market forces. This is a dangerous trend

which the ILO and indepen- dent autonomous trade union movements must fight against. Certainly ICTUR, through its journal, will continue to show that economic and social devel- opment are interrelated and inseparable from one another. There can be no excep-

tionalism, no special cir- cumstances to justify forced labour, child exploitation, the denial of rights at work or the denial of genuine choice and freedom when workers seek to build their mass organisations free from government, party and employer interference. Of course we recognise

the problems which many countries face and issues like child labour need to be handled with sensitivity. There are many ways in which the long standing industrialised countries can help those seeking to devel- op new industries, not least in creating conditions for fair trade not "free" trade, and conditions which assist newly industrialising coun- tries rather than discrimi- nating against their goods on world markets.

Workers the world over share a common interest in j ending exploitation and poverty and in supporting the growth of independent trade unions. An injury to one remains an injury to all j and it is ICTUR's role through its publications and j campaigning to make this slogan a reality in more ways than one. Colleagues, ICTUR is a

unique organisation. We have a one issue brief - advancing trade union rights in a world where trade unionism continues to j manifest its demands in many differing social condi- j tions. Trade Unionism will not die, we can be sure of that. The key issue is whether or not in the not too distant future, trade unionism can play its full role in transforming social and economic structures along democratic lines. But while ICTUR is a one

issue campaign, we seek to ' build a broad base of sup- port bringing together trade j unionists, lawyers and human rights campaigners. We are non-sectarian. We are not restricted by old Cold War type thinking. Neither do we face the practical difficulties arising j from inter union rivalries, or j the necessary democratic restraints which can some- times hold unions back when the need is to act quickly. But those important

attributes will not be realis- j able unless we can develop j our organisation. We do not seek to build a compli- cated international struc- ture - rather to facilitate the j development of self sustain- j ing national and regional structures which can share experiences, campaign together and contribute to a greater international awareness of the issues involved and the challenges j ahead. ICTUR's Executive Committee has identified its two most important pri- ority tasks as building National Committees and increasing the circulation and influence of the jour- nal, IUR. We are confident that the unions and other organisations represented here today will join us and ensure that we meet these objectives. #

Gibralter

Britain

exploits

migrant

workers

With practically no industry or agriculture Gibralter is overwhelmingly a service economy which meets the military requirements of Britain and NATO. With the ending of the Cold War and the trimming of Britain's imperialist ambitions, the Gibraltar economy has plunged into crisis exacer- bated by the failure to come to a "modus vivendi" with its giant neighbour Spain. The scale of Britain's

withdrawal from Gibraltar is shown by the British Ministry of Defence - MoD - contribution to the econ- omy. In 1979/80 British MoD spending was over 60% of Gibraltar's GDP - it is now 9% and will fall to 3% by the year 2000. This explains, more than any other single factor, the emergence of structural unemployment among Gibraltar's 14,500 work- force. 36% of this work- force is made up of non- Gibraltarans mainly from Morocco. Recent reports (in partic-

ular by Professor Sam Aaronovitch and by the Joint Council for the Welfare of Immigrants) indi- cate that the Moroccan workforce face disturbing and systematic discrimina- tion in many areas of their economic and social lives. When ICTUR was approached by the Moroccan Trade Union Federation UGTM to investi- gate these issues we agreed having consulted with the major unions for Moroccan workers in Gibraltar, the British Transport and General Workers Union. A delegation consisting of

ICTUR Vice Presidents John Hendy QC and Ron Todd

INTERNATIONAL union rights Summer 1995 Page 14

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Page 3: Representation at work: Workers strike over new Panama Labour Code || Britain exploits migrant workers

and ICTUR Executive Secretary Tom Sibley paid a short visit to Gibraltar in early August. The delega- tion met the Moroccan Workers Association, the Gibraltar District of the Transport and General Workers Union, the Governor of Gibraltar, the First Minister of Gibraltar and the Bar Association of Gibraltar. We also visited the government hostel for Moroccan workers, Casemates, which provides accommodation and living conditions which are deplorable and an indict- ment of both the British and Gibraltar governments. The background to the

Moroccan's plight is straightforward enough. When Franco's Spain closed the border in the 1960's, the Spanish workforce, which had previously provid- ed the muscle and sweat to run the British military base and the service industries supported by the MoD pres- ence, was withdrawn at a stroke. The British govern- ment then recruited a sub- stitute, and overwhelmingly male, labour force from Morocco on yearly contracts with no rights to bring wives or children. In 1969 5000 Moroccan workers began a new life in Gibraltar. Twenty six years later around 50% of the original intake are still in Gibraltar, still work- ing on temporary contracts and still denied permanent residential and citizenship rights. The Gibraltar Government operates a Gibraltarian first labour

market policy, insisting by law that all vacancies are notified to the authorities. ICTUR established that

discrimination against migrant workers is wide- spread and institution- alised. Our final report will fully document the unfortu- nate facts which are incon- trovertible and not seriously challenged by either the Gibraltar or British authori- ties. But at this stage ICTUR's main priority is to look for solutions. Representatives of the

Moroccan workers made it clear that most their mem- bers would like to return with dignity to Morocco on retirement They recognise

that for the majority Gibraltar cannot offer a secure future unless there is a radical change in policy. And yet, a significant minor- ity will want to stay and of these some would like to become Gibralterans with full citizenship rights. In the view of the ICTUR

delegation the Gibraltar gov- ernment has neither the will nor, probably, the resources to meet the human rights of the Moroccan workers. Assistance from the British government will be neces- sary to resolve these mat- ters satisfactorily. Certainly a genuine voluntary repatri- ation scheme would help and the Gibraltar govern-

ment has already negotiat- ed such an early retirement package with its own employees. As a result 249 out of the 280 Moroccans in government employment have accepted repatriation. The package involved lump sum payments averaging about £9000, plus an index linked occupational pension and their return fare to Morocco. A similar package has been under discussion for the best part of two years in the British MoD where around 150 Moroccans are still employed. Obviously an early conclusion to these negotiations would be an important contribution. There still remain around

1000 workers, most with over 20 years service to Britain and Gibraltar in the private sector. The majority of these will not be covered by occupational pension schemes. A further 400- 500 are presently unem- ployed. A voluntary repatri- ation scheme covering this group would need to be externally financed by the British government. No doubt a few hundred would want to stay and in our view should be offered residence and citizenship rights depending on individual cir- cumstances - e.g. employ- ment record, length of resi- dence in Gibraltar. Since 1 January 1992, EC

nationals have rights to seek employment and resi- dence in Gibraltar - rights denied to unemployed Moroccans who may have been in Gibraltar for over 20 years. The Moroccans are in a sense trapped with- out the possibility of the free movement enjoyed by their EU national neigh- bours. Given the small numbers involved this is hardly an intractable prob- lem for the British govern- ment. For the Moroccans were invited to Gibraltar to meet the military needs of the British government They have given loyal ser- vice for over 25 years. As one Moroccan leader told us, "We are like a can of Coke. You drink the Coke, you have had the Coke, you throw away the can". In the next few weeks

ICTUR will be lobbying the British government, the European Parliament and the ILO on behalf of the Moroccan migrant workers. The plight of migrant work- ers worldwide is now on the international agenda for governments, employers, the United Nations and the International Labour Organisation. The British government has a responsi- bility - ICTUR will seek to ensure that Britain and Gibraltar act as good international citizens.

INTERNATIONAL union rights Summer 1995 Page 15

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