Building the international Trade Union Network on Human and Trade Union Rights
Turin-ILO International Training Centre (Oct 27 – Nov 07, 2008)
Country Report of NEPAL
HTUR Situation
As all know, we were under the civil war for last 10 years, caused closed down of many factories, has resulted many of the workers have been retrenched from the job. In such cases, we are trying to deal delicately on how to keep job survive and secure workers right at the same time.
Considering the delicacy of the situation, we can not say, the fundamental right has been secured, but wherever possible, we are trying. Most of the places, where union has been existed and functioning well, fundamental principle of trade union rights have been enjoyed and respected. But, the reality of the labour market is that more than 90 percent working people are in the informal sector, which is out of labour law coverage and unions are also very weak. In this sense, very limited numbers of the workers are enjoying the labour rights as fundamental rights.
Among the workers in the informal economy, most of them are women and countable number of children. Forced labour still exists in different form such as domestic service, agriculture labour etc. It is interesting that most of the employers of the domestic workers are either political leaders or bureaucrat and even human right activists, who are violating fundamental trade union and human right. Normally, this sector is out of trade union access, caused by very much privately located job. We are trying to organise them in cooperation of NGOs and other relevant institution in the related fields.
But the as the light of hope, domestic workers union has been registered recently and has started to be organised themselves. Similarly, a form of forced labour, called Haliya in agriculture sector has been declared freed by the government in the month of September without paying landlord loan.
Inequality at the workplace still exists in both ways as in opportunity of employment as well as payment and benefits. It is more serious and rampant in informal sector, especially in agriculture.
GEFONT has separate department, called Department of Labour relation to handling labour relation matter. Whenever there is specific case relating with trade union right violation, this department provide necessary assistance and support such as free legal service, counselling as well as initiate dialogue with the employers. If, the cases are needed to bring to the court, it is also being done free of cost as union assistance.
Relevancy of existing instruments on HTUR
Existing instrument, basically the fundamental trade union right conventions are being useful in the sense to be used as basis to fight and bargaining tools for the minimum standard of workers rights. It has been reflected now in the interim constitution as well, which has been more relevant in recent years.
Another way, it has been one of the binding instrument among the working class of the world to built up their solidarity and feeling of own-selves. Since, all the core conventions except C87, has been ratified, it is somehow the binding instrument for the government as well as employers to respect at the workplace, though, it has not been implemented in proper way.
Impact of the work on women and men workers
Workers regardless of sex, sector and works have started to realise that unity is the strength and only trade union organisation can secure their right and welfare at the workplace. Growing numbers of trade union in different sectors can justify it as well.
Within this recent two years, GEFONT national affiliates have been gone up by 10 new sectors and having 27 now, which was 17 in 2006. Even interesting is that domestic workers, home-based and salon workers, which is almost purely women dominated sectors have registered their unions and organising work is going on now.
Right now, we are in the process of drafting new constitution, after completion of Constituent Assembly (CA) election in last April. Most of the people regardless of class/caste/community and gender are eagerly looking at the CA, whether and how their right as will be protected.
It is notable that four-members from GEFONT are representing trade union in the CA. Maximising this as opportunity to make workers voice heard, since the very beginning of the process, GEFONT is conducting campaign across the country to sensitise the working people about the issues and way to be involved in the process of constitution drafting. In the process, it is the process to elect one man and one woman from each 100 members as workers representative to collection the suggestion from grassroots and mobilise them, for the sake of pressurising government and CA as such per need.
At the same time, together with other trade unions, GEFON is trying to identify common agendas relating with the right of working masses to be included in new Constitution.
Main challenges for the HTUR in the day to come
Main challenge in front of Nepali trade union movement for the year to come is to include the fundamental trade union rights into new constitution, which somehow has been already mentioned in the interim constitution as well.
Second is the enforcement of these articles in practice. Thirdly, one hand the labour law is in the amendment process, another hand the new government has proposed establishment of special economic zone, which is worse in the world experiences in terms of workers rights. Securing the workers right and avoiding the SEZ is great challenge for the coming days.
Forth, the coverage of the informal sector, where more than 90 percent workers are working need to be brought within the coverage of labour law, in the process of amendment . It will affect more women, who are vast majority in the informal economy.
Fifth, among the fundamental rights also, the equality of employment opportunity as well as treatment is under threat, since the level of gender consciousness of the society as well as the political leaders and legislature is not reliable. Discrimination based on caste and ethnicity is still there at the workplace. We are dealing the issue of the equality under the statement of class+3 (gender, ethnicity and region).
Next is the challenge ahead the migrant workers. We as trade union of the labour sending country, should have play role to protect their right as well, which is neither easy nor can be mobilised workers themselves to create pressure. We are trying to organise them in the destination country under the structure of GEFONT SUPPORT GROUP and linking them up with local trade union in the country. We already have good working relation in S. Korea, Malaysia and Hong Kong and trying to access the opportunity and possibility in other countries as well. But, we are really facing problem in Gulf countries, since there is no union and looking for international support to get the entry point.
Finally, more than everything, problem attached to the global financial crisis would follow here and there as well. And, its first victim would be always working class people and their rights.
Role of international trade union movement to strengthen the HTUR
International trade union movement can support to continue our work on sensitise policy makers as well as working masses. Among the policy maker as well there should be two steps, as one is bureaucracy and another is political leadership. Unless the political leadership would be sensitive enough on the issue of working class people right, change cannot be happened in sustainable way.
For the purpose, it might be better to find the way together with local trade unions how to take initiation in the area of HTUR. Experiences from various countries can be gathered and moved ahead in the possible way, sensitively.
Main agenda for the HTUR network for the next 3 years
First thing is the HTUR network itself should realise the importance of global solidarity. Then, it should give emphasis on implementing fundamental trade union rights; the sharing mechanism should not just look at whether it has been respected or not only. Beyond that, it should also count the progress over the certain time period and evaluate to work to see whether policy and working methodology should be changed.
As accessing and promoting new area, it maternity protection measure should be taken into consideration as much as fundamental right of the workers. It is really fundamental for women to join the work in the equal footing as men and to be equally participated/active in the trade union movement as well. And, then accessibility of social security for all workers campaign should be promoted locally, as well as region and global level.
Making ground for all these should look for new tools and methodology to attract the workers and keep in the tie of the trade union periphery, to make union voice strong and heard.
To do all of these, the reporting system and information sharing system among the network should be efficient, effective and impressive one. It should be successful one to attract the young people in the connection.
Main/priority contributions of the HTUR focal persons
Sharing/ making available the information from the different countries should be in the first priority. Then, the campaigning and advocating minimum standard of working condition should be promoted. In this regard, special attention should be given that regardless of form of work (whether EPZ or SEZ or informal sector), fundamental trade union right should be respected without any compromise.
Special attention to my country, since the new constitution in the process of drafting, labour in the process of amendment and the government is putting forth the agenda of establishment of SEZ with high priority, the support and deep concern of the ILO/ITUC and other relevant institution and expert will be high needed and appreciable.
The End !