2019 06 Ituc Global Rights Index 2019 Report en 2
2019 06 Ituc Global Rights Index 2019 Report en 2
2019 06 Ituc Global Rights Index 2019 Report en 2
Democracy is in crisis. The systematic Worldwide, new technology has allowed employers
to use various mechanisms to avoid paying minimum
dismantling of the foundations of
entitlements and exclude workers from labour laws.
workplace democracy and the violent Recent technological leaps in the ways that work can
be allocated and accessed has resulted in increased
repression of strikes and protests
incidences of workers being denied rights under the
put at risk peace and stability. The guise of flexibility and as platform workers. Decent
work is being affected and rights are being denied by
2019 Global Rights Index saw the
companies avoiding rules and regulations.
use of extreme violence against
No worker should be left behind because their
the defenders of workplace rights,
employer chooses to adopt a business model
large-scale arrests and detentions. that obscures employment responsibility or their
government refuses legislation to enforce workers’
rights. More and more governments are complicit in
The breakdown of the social contract between workers, facilitating labour exploitation or allowing the rule of
government and business has seen the number of law to be avoided because workers are forced to work
countries which exclude workers from the right to in the informal sector of the economy.
establish or join a trade union increase from 92 in
2018 to 107 in 2019. All regions in the world had an The sixth edition of the ITUC Global Rights Index ranks
increase in exclusions of workers, with the greatest 145 countries on the degree of respect for workers’
increase occurring in Europe, where 50 per cent of rights.
countries now exclude groups of workers from the
law, up from 20 per cent in 2018. Six-year trend data analysed in the 2019 Global Rights
Index exposes the systematic attempts to undermine
freedom and democracy. The ongoing attacks on the
foundations of workplace democracy have seen the
growth in low-wage insecure jobs. While the world is
more than three times wealthier than thirty years ago,
inequality is now an overwhelming global risk. More
people go to bed hungry than have been lifted out of
extreme poverty.
Foreword Page 5
Highlights
Algeria Kazakhstan
Worst Region for Bangladesh The Philippines
Working People Brazil Saudi Arabia
Colombia Turkey
Middle East and North Africa Guatemala Zimbabwe
54 countries denied or
80% of countries have violated the
80% right to collective bargaining.
constrained freedom of speech
and assembly in 2019.
4.47 MENA
SYSTEMATIC
VIOLATIONS
OF RIGHTS
4 4.05 Asia-Pacific
3.79 Africa
3.52 Americas
VIOLATIONS
OF RIGHTS
REGULAR
2.55 Europe
VIOLATIONS
OF RIGHTS
REPEATED
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating countries on a
scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from
April to March. Detailed information exposing violations of workers’ rights in each country is published
in the ITUC Survey found at survey.ituc-csi.org.
Highlights Page 7
The 2019 Ratings
3.52
AMERICAS
EUROPE
4.05
ASIA-PACIFIC
4.47
Rating 5+
No guarantee of rights due to the breakdown of the law
Rating 5
No guarantee of rights
Rating 4
Systematic violations of rights
Rating 2
Repeated violations of rights
Rating 1
Sporadic violations of rights
In 2019 the Middle East and North Exclusion of workers from labour
protection
Africa (MENA) continued to be the
world’s worst region for workers’ In a repressive context for civil liberties generally,
most Gulf countries continue to exclude migrants,
rights with an average rating of 4.47.
the overwhelming majority of their workforce, from
In Libya, Palestine, Syria and Yemen, any labour protection. The year was marked with the
exposure of horrifying abuses from Saudi Arabia,
conflicts still rage and fundamental
where migrant workers are trapped in exploitation
liberties and rights are trampled. and forced labour. The exclusion of migrant workers
from the labour law means nearly 90 per cent of the
work-force are unable to have access to their rights
to form or join a trade union.
Workers were arrested or
53% detained in 53% of countries in the The ILO estimates 164 million people are migrant
Middle East and North Africa. workers, 13.9 per cent of whom are found in Arab
countries. In October 2018, an Indonesian worker was
secretly executed by the Saudi authorities for allegedly
beating her employer to death with a stick in self-
defence against attempted rape.
The Asia and the Pacific region again Violent attacks on workers
followed the MENA region as the second
Physical violence against workers and trade unionists
worst region in the world for workers’ intensified dramatically. In Pakistan, labour leader
Abdul Khaliq Sher was killed after attending a meeting
rights. The average rating for countries
with the power-loom factory owner, Muhammad Jamil,
in Asia-Pacific is 4.05, an increase from on Gojra-Samundri Road on 8 March 2018. The police
reported that Jamil and Khaliq exchanged harsh words
last year’s 3.95 average rating and the
after which the former, along with his accomplices
biggest rise for any region in 2019. Malik Amjad and Muhammad Tariq, shot dead Abdul
Khaliq Sher. Investigations are still ongoing at the
time of writing. In the Philippines, violence against
workers escalated with 10 assassinations in 2018. On
10 trade unionists were murdered 20 October 2018, nine striking sugar cane workers
in the Philippines in 2018. and members of the National Federation of Sugar
Workers (NAMASUFA) were shot dead by an unknown
group of men while occupying private land in Hacienda
Nene to protest delays in land reform and calling for
improvements to their living and working conditions.
On 31 October, Danny Boy Bautista, a 31-year-old
harvester and active NAMASUFA member, was shot
four times by an unidentified gunman during strike
action at Sumifru, a Japanese fruit exporting company.
Increase in violence
Algeria Bangladesh
»» State repression
»» Arrest and criminal prosecution »» Violence
of union leaders »» Mass dismissals
»» Severe obstacles to »» Arrest of union leaders
union registration
The government of Algeria further intensified its Workers in Bangladesh were exposed to mass
repression against independent trade unions by dismissals, arrests, violence and state repression
subjecting them to an illegal procedure for their against peaceful protests. In the garment sector,
re-registration. Out of the 65 registered unions in strikes were often met with extreme brutality by police
the country, only 17 organisations met the arbitrary forces. On 8 January 2019, Sumon Mia, a 22-year-
and excessive criteria imposed by the government. old employee of Anlima Textile in the Kornopara
Registration was still denied to CGATA and SNATEG. area of Savar, was killed and another 50 injured after
police fired rubber bullets and tear gas at around
Cases of state persecution 5,000 protesting workers on the outskirts of Dhaka.
The protests had begun after a reported 50,000
During a demonstration organised on 27 December garment workers, many making clothes for international
2018 to demand that the state cease from retailers, walked out of their factories demanding the
criminalising trade union activities and implement ILO implementation of the recent 51 per cent government
recommendations, 15 trade unionists were arrested, increase of the monthly minimum wage to 8,000 Taka
including SNATEG General Secretary Abdelkader (US$94).
Kawafi and SNT ENERGIE General Secretary Zakaria
Ben Haddad. Earlier in the year in February 2018,
Kawafi had already appeared in court, along with
SESS leader Kaddour Chouicha, for “defamation and
inciting an illegal assembly”. Both had been arrested
while they were waiting at a café in July 2016 for the
end of a court hearing where Salah Dabbouz, LADDH
president, was prosecuted.
Colombia remained the deadliest country for workers Guatemala remained plagued by endemic violence
and union members with 34 assassinations in 2018, compounded by a climate of impunity. Four trade
10 attempted murders and 172 recorded cases of union members and leaders were assassinated in the
threats to life. Of the 34 murders, ten were members of last year. In total, over 90 trade unionists have been
FENSUAGRO (the agricultural sector union) and 13 were assassinated since 2004, and no concrete action has
teachers. Most of these crimes remained unresolved, been adopted by the state to prevent those crimes or
as the government still failed to allocate the necessary investigate and prosecute these historic cases.
means for the timely investigation and prosecution of
the cases. Without any adequate protection provided In addition, many private companies resorted to
to them, trade unionists and their families remained union-busting practices and anti-union dismissals to
under constant threat to their lives. prevent the formation of unions. Since the creation
of Sintrabimbo, the company union, in 2016, Bimbo
Cases of murder management has systematically dismissed any worker
joining the union. So far, 250 workers have been
On 14 April 2018, Efren Zúñiga Dorado was found sacked. Courts have ordered reintegration, but Bimbo
dead, a bullet in the head with signs of torture. It is stubbornly refuses to abide by the judicial decisions.
also believed that he was forced to dig his own grave Similar practices have been reported at Ternium
before being executed. Zúñiga Dorado worked as a Guatemala.
teacher in Piendamó and was a member of ASOINCA,
where he actively worked to defend public education Cases of murder
workers.
Domingo Nach Hernández, member of the union
On 4 November 2018, Edilberto Niño Cristancho, an of civil servants of the municipality of Villa Canales,
organising leader for SINTRAIMAGRA in the palm oil was found dead on 20 June 2018, days after being
industry, was found seriously injured and rushed to the abducted by unidentified men. His death occurred in
hospital where he succumbed to his injuries. Before a context of dispute for the reinstatement of workers
his death, Cristancho managed to tell police that he at the municipality. On 6 July 2018, David Figueroa
was overpowered by two assailants who stabbed him García, representative of the Sindicato del Centro
18 times in a taxi in Villavicencio in the Meta province. Universitario de Petén (CUDEP), was shot dead by
an unknown assassin on a motorcycle. Days before,
Figueroa García had reported to his fellow members
that a group of men had approached and threatened
him.
Repression against the independent labour movement Workers and trade unionists in the Philippines faced
intensified in Kazakhstan as unions affiliated to the violent attacks and intimidation. Protests were brutally
Confederation of Independent Trade Unions of repressed by police forces in an attempt by government
Kazakhstan (CNTUK), arbitrarily dissolved in 2017, forces to suppress political dissent. With martial law
have become targets of state persecution and brutal in Mindanao extended for the third time until the end
physical attacks. Larisa Kharkova, former CNTUK of 2019, the threat of an escalation of violence and
chairperson, remained under strict restriction of her abuses grows.
freedom of movement after refusing to pay a fine of 6
million tenge (US$15,805) for alleged damages. Cases of murder
Cases of state repression On 20 October 2018, nine striking sugar cane workers
and members of the National Federation of Sugar Workers
This year, the latest in a long line of harassed (NAMASUFA) were shot dead by an unknown group of
union leaders was Erlan Baltabai, chair of the men while occupying private land in Hacienda Nene to
Fuel and Energy Workers’ Union (FEWU). He was protest delays in land reform and calling for improvements
suspected of embezzling trade union funds. As part to their living and working conditions. Among those killed
of the investigation, the authorities have repeatedly were two minors and three women. Over the past year,
summoned Baltabai for questioning, searched his authorities in the Philippines have repeatedly made
home and FEWU offices, and seized trade union public statements accusing NAMASUFA of being “fronts”
documents. His relatives have also been interrogated. for illegal armed groups. This attack came just before
The ongoing investigation has effectively paralysed President Duterte made a statement on 28 October
FEWU from carrying out any formal activities. stating that any further occupations of land by farmers
should be dealt with harshly: “My order to the police is
On 10 November 2018, Dmitry Senyavskii, leader to shoot them. If they resist violently, shoot them, and if
of the FEWU Karaganda Region local branch, was they die, I do not care.”
violently attacked at his home in Shakhtinsk by two
unidentified assailants. Subsequently hospitalised
with serious injuries, including a broken arm and
concussion, he was unable to travel to Astana for a
meeting with ITUC representatives.
Since the attempted coup and the severe restrictions This year, Zimbabwe fell into a pattern of violent attacks
on civil liberties imposed by the government, workers’ against workers and trade union members. Protests
freedoms and rights have been relentlessly denied organised by ZCTU on 14-16 January 2019 against a
with police crackdowns on protests and the systematic 150 per cent fuel price hike were repressed by state
dismissal of workers attempting to organise. On 13 security forces with live ammunition. Twelve workers
November 2018, Abdullah Karacan, president of the were killed and 70 sustained gunshot wounds. In total,
rubber and chemical workers’ union Lastik-İş was shot over 320 persons were injured, while accounts of
dead by unknown gunmen while visiting workers at a severe beatings and torture by government forces were
Goodyear tyre factory in Adapazari. reported to the Zimbabwe Human Rights Commission.
On 14 September 2018, over 10,000 workers went Following the January crackdown, the ZCTU president,
on strike at the construction site of the new Istanbul Peter Mutasa, and the general secretary, Japhet
Airport to protest their poor health and safety Moyo, were arrested and charged with subversion.
conditions at the site. The protest was violently While they were released from custody a few days
dispersed by police and military with teargas. Two later, they remained under strict release conditions,
days later, the police conducted mass arrests and banned from traveling and forced to check in regularly
detained over 400 workers. While most were released at the police station. Moyo was even forced to give up
shortly after, 43 workers, including three trade union the deed to his personal home as a guarantee against
representatives, were charged for disrupting freedom skipping bail.
to work, violating the law on demonstrations and public
assemblies, damaging public property and resisting In October 2018, a national protest organised by ZCTU
the police. A total of 31 workers were held in pre-trial against a financial tax increase and rising prices was
detention in Silivri prison, including Özgür Karabulut, violently repressed by police forces. Workers were
Dev Yapi-Is president, charged for a speech he made beaten up and ZCTU Harare offices were cordoned off
to the workers during the strike. by 150 policemen. Thirty-three ZCTU members were
arrested and charged with “disrupting public order”.
On 2 November 2018, 26 trade union members If convicted, they face a mandatory ten-year jail term.
were sentenced to a suspended five-month prison
sentence for “disobeying the law on meetings and
demonstrations” after taking part in a protest in front
of Renault’s Oyak plant in March 2016. Workers were
demanding the right to organise in the company. The
protest was violently dispersed by police.
RIGHT TO ESTABLISH OR JOIN UNIONS - Exclusion of workers from labour protection in 74% of countries.
RIGHT TO CIVIL LIBERTIES - Arbitrary arrests, detention and imprisonment in 44% of countries.
Following the January 2019 strikes by garment workers The airline Ryanair, a company notorious for its
in Bangladesh to protest low wages, 7,000 workers business model based on the exploitation of workers
were sacked by their factories, most of which make through low wages and insecure jobs, retaliated
clothes for well-known western brands. The protests against its workers during the Europe-wide strikes
ended with the government promising to raise their pay, of 2018 aimed at denouncing working conditions
but when workers returned to work, many found they and demanding recognition of union and collective
no longer had a job. At least 750 workers at various bargaining. In Belgium, the management sent letters
companies in the manufacturing hub of Ashulia found to all striking workers to threaten them with dismissal
notices hanging on their factory gates informing them for gross misconduct, while in Portugal it threatened
of their dismissal along with photos of their faces. In striking cabin crew with a freeze of their career
addition, hundreds of garment workers were arrested prospects. In the Netherlands, Ryanair management
and more than 30 cases were filed against the workers. even coerced workers to replace their colleagues on
strike with threats of disciplinary dismissal.
The right to official recognition through Middle East and North Africa
Africa
Regional: Percentage of countries which have
arrested and detained workers.
49% of countries in Africa
ASIA-PACIFIC 73% 49% arrested workers.
MENA 53%
AFRICA 49%
AMERICAS 36%
EUROPE 25% In Guinea, authorities intensified their crackdown on
unions and arbitrarily arrested several union officials
while they were conducting union business. The
SLECG general secretary was arrested during their
Congress, while the UGTG deputy general secretary
was arrested in his hotel room in Boké where he had
travelled to check working and safety conditions in
mines. The general secretary of the port workers’
union was taken into custody during a police raid in
the union office and later sentenced to 13 days in jail
and a 500,000 GNF fine.
1. Democracy in crisis
38
—
38 out of 39 countries in Africa
Croatia - Croatia Airlines Military operations on the island have turned into a
manhunt against trade unionists as the government
The airline filed for a judicial ban on strike action has tagged them rebel supporters and declared that if
in a protracted dispute over the negotiation of a they did not surrender to clear their names, they would
collective agreement. The Supreme Court upheld face charges or run the risk of being killed.
the ban, while conditions for a legal strike had already
been met for a year but the union, in good faith, had
been postponing the industrial action in an attempt Hong Kong – City University
to reach an agreement.
In August 2018, the school authority of City University
unilaterally removed posters placed on the union
Restrictions on free speech and board, also known as the democracy wall, of the City
assembly University Staff Association which called for “Hong
Kong independence”.
WORLDWIDE: 54 countries
denied or constrained freedom of Africa
speech and assembly in 2019.
MENA 68%
ASIA-PACIFIC 64%
AFRICA 33% Mauritania – Union’s Facebook posts
EUROPE 30% withdrawn
AMERICAS 8%
On 29 December 2018, Samory Ould Beye, CLTM
general secretary, was taken into custody by the
Asia-Pacific Director of National Security following the publication
of a post on his Facebook page. The authorities
also demanded that the post, which was merely
64% of countries in Asia-Pacific Ould Beye’s opinion on rising tensions between
64% restricted free speech and assembly. Mauritania’s ethnic groups, be withdrawn.
60%
50%
20%
2014 2015 2016 2017 2018 2019
139 countries 141 countries 141 countries 139 countries 144 countries 145 countries
The last year was marked by a significant increase in Workers experienced violent attacks
the degree of violence applied to repress strikes and 44% in 44% of countries in Africa.
in the disproportionate use of lethal weapons to curb
demonstrations. Often, police and army forces have
used tear gas, batons, rubber bullets and even live
ammunition against protesting workers, causing deaths In Zimbabwe, during the brutal repression of workers’
and serious injuries, especially in the Asia-Pacific and protests in January 2019, 12 people were killed and
Africa. 70 were injured.
Violent attacks against and targeting of trade union In Eswatini, a peaceful demonstration, organised by
leaders also increased. In 2018, 53 trade union the Trade Union Congress of Swaziland (TUCOSWA) to
members were murdered in targeted assassinations deliver a petition to the deputy prime minister’s office,
in eight countries. (Brazil, Colombia, Guatemala, was brutally repressed by armed forces on 29 June
Honduras, Italy, Pakistan, the Philippines and 2018. The police prevented workers from reaching the
Turkey). In 2019, trade unionists were killed in deputy prime minister’s office by using water cannon
Bangladesh and Zimbabwe following excessive use and tear gas canisters, and attacked demonstrators
of police force during protests. with batons. Four members of TUCOSWA were gravely
injured and taken to the hospital, while Majembeni
Thobela, a security guard who was marching this day,
received severe beatings and was left unconscious
covered with blood on his face from head injuries. The
police did not even bother to rush him to the hospital,
Americas
59 in 2018 to 64 in 2019.
the police. Around 3,000 workers took part in the
protest and many were arrested, including leaders of
Regional: Percentage of countries where workers the Mid-Day Meal Scheme Workers Union, President
have experienced arrests and detentions G. Varalakshmi and Secretary K. Swarupa Rani.
Asia-Pacific
The repression or workers, use of brutal violence and Violence and threats in retaliation for the exercise of
murder are on the increase. Six-year trend data from freedom of association deprive workers of their rights
the Global Rights Index shows a significant increase in and create a climate of fear that chills the exercise of
the number of countries where workers are exposed to that right by others. Trade union activities are harshly
violence and the number of countries where workers repressed, and in a large number of countries, workers
are arbitrarily arrested. risk their life for asserting their basic rights at work.
40%
Countries which expose workers to
physical violence
30%
20%
The ITUC documents violations of internationally The text under each country in the ITUC Survey is
recognised collective labour rights by governments read against a list of 97 indicators derived from ILO
and employers. The methodology is grounded in Conventions and jurisprudence and represents
standards of fundamental rights at work, in particular violations of workers’ rights in law and in practice.
the right to freedom of association, the right to
collective bargaining and the right to strike. A country receives a point for each time textual
information corresponds to an indicator. Each point has
Questionnaires are sent to 331 national unions in 163 the value of 1. After coding the text for a country, the
countries to report violations of workers’ rights by number of points is added up to arrive at a total score.
indicating relevant details.
4. Rating countries
Regional meetings with human and trade union
rights experts are held where the questionnaire is Countries are rated in clusters from 1-5+ depending on
disseminated, explained and completed. their compliance with collective labour rights. There
are five ratings with 1 being the best rating and 5+ the
The ITUC contacts unions directly by phone and worst rating a country could get. The level of economic
email when it becomes aware of violations to confirm development, size or location of the country is not
relevant facts. taken into account given that fundamental rights are
universal and workers in all parts of the world must
Legal researchers analyse national legislation and have access to them. A high-rated cluster means that
identify sections which are not adequately protecting workers in the country have no right to their collective
internationally recognised collective labour rights. voice due to government failure to guarantee rights.
Collective labour rights are generally guaranteed. Workers in countries with the rating 4 have reported
Workers can freely associate and defend their rights systematic violations. The government and/or
collectively with the government and/or companies companies are engaged in serious efforts to crush
and can improve their working conditions through the collective voice of workers putting fundamental
collective bargaining. Violations against workers are rights under threat.
not absent but do not occur on a regular basis.
5. No guarantee of rights
2. Repeated violations of rights
Countries with the rating of 5 are the worst countries
Countries with a rating of 2 have slightly weaker in the world to work in. While the legislation may spell
collective labour rights than those with the rating 1. out certain rights, workers have effectively no access
Certain rights have come under repeated attacks by to these rights and are therefore exposed to autocratic
governments and/or companies and have undermined regimes and unfair labour practices.
the struggle for better working conditions.
5+. No guarantee of rights due to the
3. Regular violations of rights breakdown of the rule of law
Governments and/or companies are regularly Workers in countries with the rating 5+ have equally
interfering in collective labour rights or are failing to limited rights as countries with the rating 5. However,
fully guarantee important aspects of these rights. There in countries with the rating 5+ this is linked to
are deficiencies in laws and/or certain practices which dysfunctional institutions as a result of internal conflict
make frequent violations possible. and/or military occupation. In such cases, the country
is assigned the rating of 5+ by default.
The methodology is grounded in standards of Nos. 87 and 98, as well as the jurisprudence developed
fundamental rights at work, based on international by the ILO supervisory mechanisms.
human rights law, and in particular ILO Conventions
I. Civil Liberties
(i) Committee of Experts on the Application of Conventions and Recommendations (CEACR), Committee on the Application of
Standards (CAS) and Committee on Freedom of Association (CFA). See in particular: the Compilation of decisions of the Committee
on Freedom of Association (https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:70001:0::NO), ILO General Survey 1994 on
Freedom of Association, 1994 (https://www.ilo.org/public/libdoc/ilo/P/09661/09661(1994-81-4B).pdf) and ILO General Survey 2012
on fundamental Conventions (https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/
wcms_174846.pdf). The list of indicators is adapted from David Kucera and Dora Sari. 2018. “New Labour Rights Indicators: Method
and Trends for 2000-2015”, International Labour Review (Accepted manuscript online: 9 MAR 2018)
Guatemala Kazakhstan
Colombia
» State repression
» Murders and extreme violence » Murders and extreme violence
» Arrest and prosecution
» Union busting and dismissals » Union busting and dismissals
of union leaders
Zimbabwe NEW
» State violence
» Arrest of union leaders
» Mass dismissals
The 2019 ITUC Global Rights Index depicts the world’s worst Violations are recorded each year from April to March. Each
countries for workers by rating 145 countries on a scale from 1-5+ country is analysed against a list of 97 indicators derived from ILO
based on the degree of respect for workers’ rights with 1 being the conventions and jurisprudence and represents violations of workers’
best rating and 5+ the worst rating. rights in law and practice.
2.55
EUROPE
4.05
ASIA-PACIFIC
3.52
4.47
AMERICAS
7
10
85% of countries have 80% of countries have violated the workers from the right to establish
85% violated the right to strike. 80% right to collective bargaining. or join a trade union increased
92
from 92 in 2018 to 107 in 2019.
The 2019 ITUC Global Rights Index depicts the world’s worst Violations are recorded each year from April to March. Each
countries for workers by rating 145 countries on a scale from 1-5+ country is analysed against a list of 97 indicators derived from ILO
based on the degree of respect for workers’ rights with 1 being the conventions and jurisprudence and represents violations of workers’
best rating and 5+ the worst rating. rights in law and practice.
2.55
EUROPE
4.05
ASIA-PACIFIC
3.52
4.47
AMERICAS