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2019 06 Ituc Global Rights Index 2019 Report en 2

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2019

ITUC GLOBAL The World’s Worst


RIGHTS INDEX Countries for Workers

INTERNATIONAL TRADE UNION CONFEDERATION


Demonstrators show their support for ex-President of Brazil Lula da
Silva during a protest in Rio de Janeiro in April 2018. #LulaLibre

Credit: Gian Martins/Mídia NINJA/AFP


Contents

Foreword4 Most Violated Rights in the World 28

Increasing criminalisation of the right to strike  28


Highlights6 Erosion of collective bargaining  31
Exclusion of workers from labour protection  33
Restrictions on access to justice 36
The 2019 Ratings 8 De-registration of unions  38
Arbitrary arrests, detention and imprisonment  40
World Map 8
The 2019 Country Ratings  10
Global Trends for Workers in 2019 42

Worst Region in the World 12 Democracy in crisis 42


Silencing the age of anger 45
Middle East and North Africa  12 Legislative power 49
Asia-Pacific  14
Africa  16
Americas  18 The ITUC Global Rights Index
Europe  20 Explained51

The World’s Ten Worst Countries Description of the Ratings  52


for Workers 22

Algeria22 List of Indicators  53


Bangladesh22
Brazil23
Colombia24
Guatemala24
Kazakhstan25
The Philippines 25
Saudi Arabia 26
Turkey27
Zimbabwe27
Foreword

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.

Eighty-five per cent of countries have violated the


right to strike. All strikes and demonstrations were
banned in Chad, while court orders were used to stop
strike actions in Croatia, Georgia, Kenya and Nigeria.

Eighty per cent of countries have violated the right


to collective bargaining. Europe, traditionally the
Women across Brazil protested against far-right
candidate and eventual winner Jair Bolsonaro. mainstay of collective bargaining rights, saw companies
in Estonia, the Netherlands, Norway and Spain seek
Credit: Cris Faga/NurPhoto/AFP
to undermine or circumvent workers’ rights.

Page 4 2019 ITUC Global Rights Index


Authorities impeded the registration of unions in governments who have failed to deliver for workers
59 per cent of countries with state repression of are on the rise.
independent union activity in Argentina, Algeria,
Egypt, India, Panama and Paraguay. Fifty-four countries denied or constrained freedom of
speech and assembly. Shrinking democratic space was
The ten worst countries for workers in 2019 are the witnessed in Hong Kong, Mauritania, the Philippines
following: Algeria, Bangladesh, Brazil, Colombia, and Turkey.
Guatemala, Kazakhstan, the Philippines, Saudi
Arabia, Turkey and Zimbabwe. Workers had no or restricted access to justice in 72
per cent of countries, with severe cases reported in
Brazil and Zimbabwe are in the ten worst countries Cambodia, China, Iran and Zimbabwe.
for the first time, with the adoption of regressive laws,
violent repression of strikes and protests, and threats The number of countries where workers experienced
and intimidation of union leaders. arbitrary arrests and detention increased from 59 in
2018 to 64 in 2019. Mass arrests of workers were seen
Eswatini, Iraq, Sierra Leone, Thailand and Vietnam in China, India, Turkey and Vietnam.
have all seen their ratings worsen in 2019 to category 5
(no guarantee of rights) with a rise in attacks on Trade unions are on the front lines in a struggle to claim
workers’ rights in law and practice. democratic rights and freedoms from the corporate
greed that has captured governments such that they
The signing of the peace agreement between Ethiopia act against workers’ rights. We need a New Social
and Eritrea in July 2018 has led Eritrea’s rating to move Contract between workers, governments and business
from the 5+ grouping of countries in conflict, to 5 (no to rebuild trust as people lose faith in democracies.
guarantee of rights). Serious human and labour rights It’s time to change the rules.
abuses are present in the country including the use
of indefinite national service.
Sharan Burrow
The Middle East and North Africa (MENA) remains General Secretary,
the world’s worst region when it comes to fundamental International Trade Union Confederation
rights at work. Egypt dissolved all independent labour
unions, and Saudi Arabia continues to keep millions
of migrant workers trapped in modern slavery.

Trade union members were killed in ten countries:


Bangladesh, Brazil, Colombia, Guatemala,
Honduras, Italy, Pakistan, the Philippines, Turkey
and Zimbabwe; workers were exposed to violence
in 52 countries. Worldwide, 53 trade union members
were killed in 2018. In Colombia alone, 34 were
murdered.

Attempts by countries to silence their people in an


age of anger against corporations, politicians and

Foreword  Page 5
Highlights

This is the sixth edition of the ITUC


Global Rights Index. It documents
violations of internationally
recognised labour rights by
governments and employers.
10 Worst Countries for
Working People

Algeria Kazakhstan
Worst Region for Bangladesh The Philippines
Working People Brazil Saudi Arabia
Colombia Turkey
Middle East and North Africa Guatemala Zimbabwe

Violations of Workers’ Rights

Authorities impeded the registration


59% of unions in 59% of countries.

Countries where workers were


64

85% of countries have


85% violated the right to strike.
arrested and detained increased


from 59 in 2018 to 64 in 2019.


59

54 countries denied or
80% of countries have violated the
80% right to collective bargaining.
constrained freedom of speech
and assembly in 2019.

The number of countries which exclude


7
10

workers from the right to establish Workers experienced


or join a trade union increased violence in 52 countries.

92

from 92 in 2018 to 107 in 2019.

Workers had no or restricted access Trade unionists were


72% to justice in 72% of countries. murdered in 10 countries.

Page 6 2019 ITUC Global Rights Index


Companies Violating Workers’ Rights

• Anlima Textile, Bangladesh • Dunnes Stores, Ireland


• Ashiana Garments Industries Ltd, Bangladesh • Kenyatta Hospital, Kenya
• Ryanair, Belgium, Portugal, the Netherlands • Kenya Airways, Kenya
• Jasic Technology, China • Teachers Service Commission, Kenya
• Croatia Airlines, Croatia • Fu Yuen Garment Co Ltd, Myanmar
• Bimbo, Guatemala • Norse Production, Norway
• Northwest Transportation Company, Ecuador • Prosegur, Paraguay
• Bisco Misr, Egypt • AB InBev, Peru
• Ceramica, Egypt • State Railway of Thailand, Thailand
• Majestic, Egypt • Sumifru, The Philippines
• TS Laevad, Estonia • NutriAsia, The Philippines
• Tarkwa Mine of Goldfields, Ghana • TSTT, Trinidad and Tobago
• Ternium, Guatemala • Goodyear, Turkey
• Tamil Nadu Rubber Corporation, India • Renault, Turkey
• Haft Tapheh, Iran • Istanbul Airport, Turkey
• HEPCO, Iran • Amazon, USA and Europe
• National Steel Industrial Group, Iran • Uber, USA, Europe, India, South Korea, Australia
• Pouchen footwear factory, Vietnam

Six Year Regional Trends


NO GUARANTEE
OF RIGHTS

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

2014 2015 2016 2017 2018 2019


139 countries 141 countries 141 countries 139 countries 144 countries 145 countries

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

New in 2019: Improved rating: Worse rating:


Afghanistan 5 Benin 4 Mexico 4 Belgium 2  N. Macedonia 3
Bolivia 3 Moldova 2 Belize 3  Rwanda 3 
Eritrea 5 Nigeria 4 Brazil 5 Sierra Leone 5
Mauritania 4 Pakistan 4 Canada 3  Sri Lanka 4 
Mauritius 3 Chile 4  Thailand 5
Eswatini 5 Venezuela 4 
Iraq 5  Vietnam 5
Namibia 3 

Page 8 2019 ITUC Global Rights Index


2.55

EUROPE

4.05

ASIA-PACIFIC

4.47

3.79 MIDDLE EAST


AND
NORTH AFRICA
AFRICA

5+ No guarantee of rights


due to the breakdown of the law
5 No guarantee of rights
4 Systematic violations of rights
3 Regular violations of rights
2 Repeated violations of rights
1 Sporadic violations of rights
No data

The 2019 Ratings  Page 9


The 2019 Country Ratings

Rating 5+
No guarantee of rights due to the breakdown of the law

Burundi Palestine Sudan


Central African Republic Somalia Syria
Libya South Sudan Yemen 

Rating 5
No guarantee of rights

Afghanistan Eswatini  Laos


Algeria Greece Philippines (The)
Bahrain Guatemala Saudi Arabia
Bangladesh Honduras Sierra Leone
Belarus Hong-Kong (China) Thailand
Brazil India Turkey
Cambodia Indonesia Ukraine
China Iran United Arab Emirates
Colombia Iraq Vietnam
Ecuador Kazakhstan Zimbabwe
Egypt Korea (Republic of)
Eritrea Kuwait

Rating 4
Systematic violations of rights

Angola Lebanon Serbia


Argentina North Macedonia Sri Lanka
Benin Malaysia Tanzania
Bosnia and Herzegovina Mali Trinidad and Tobago
Botswana Mauritania Tunisia
Cameroon Mexico Uganda
Chad Myanmar United States of America
Chile Nigeria Venezuela
Congo (Democratic Republic of) Oman Zambia
Côte d’Ivoire Pakistan
Djibouti Panama
Ethiopia Paraguay
Fiji Peru
Haiti Romania
Kenya Senegal

Page 10 2019 ITUC Global Rights Index


Rating 3
Regular violations of rights

Albania Georgia Mozambique


Australia Ghana Namibia
Bahamas Hungary Nepal
Belize Jordan Poland
Bolivia Lesotho Russian Federation
Bulgaria Liberia Rwanda
Burkina Faso Madagascar Spain
Canada Mauritius United Kingdom
El Salvador Morocco

Rating 2
Repeated violations of rights

Barbados France Montenegro


Belgium Israel New Zealand
Congo (Republic of) Jamaica Portugal
Costa Rica Japan Singapore
Croatia Latvia South Africa
Czech Republic Lithuania Switzerland
Dominican Republic Malawi Taiwan 
Estonia Moldova Togo

Rating 1
Sporadic violations of rights

Austria Iceland Norway


Denmark Ireland Slovakia
Finland Italy Sweden
Germany Netherlands Uruguay

Comparison with 2018 score:


No change or new in 2019
Worse rating
Improved rating

The 2019 Country Ratings  Page 11


Worst Region in the World

REGION 2019 SCALE

(4) Systematic violations of rights to


MENA 19 COUNTRIES 4.47
(5) No Guarantee of rights
(4) Systematic violations of rights to
Asia-Pacific 22 COUNTRIES 4.05
(5) No Guarantee of rights
(3) Regular violations of rights to
Africa 39 COUNTRIES 3.79
(4) Systematic violations
(3) Regular violations of rights to
Americas 25 COUNTRIES 3.52
(4) Systematic violations
(2) Repeated violations of rights to
Europe 40 COUNTRIES 2.55
(3) Regular violations

Middle East and North Africa

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.

Page 12 2019 ITUC Global Rights Index


Dismantling of independent unions and Violations of workers’ rights in Middle
violent attacks on workers East and North Africa

Algeria and Egypt remain dangerous places for


trade unionists, as the authorities still seek to quash All 19 countries exclude workers
any attempt at organising an independent labour 100% from the right to establish
movement. In Egypt, all independent unions were or join a trade union.
dissolved in March 2018 and given 60 days to re-
register their organisation based on new arbitrary
requirements established in Law no. 213/2017 on Trade
Unions. Out of 1,000 independent unions, only 122 18

18 out of 19 countries violated
were able to successfully register their status under
the new law and within the timeframe. Independent 19 the right to strike.

unions in Algeria were subjected to a similar fate – in


March 2018 the Ministry of Labour, operating outside of
any legal framework, required all 65 certified unions to
present proof of their representativity for re-registration. 18

18 out of 19 countries violated the
According to the list published by the Ministry, only 17
trade unions met the criteria. The applications filed 19 right to collective bargaining.

by two independent unions, Confédération Générale


Autonome des Travailleurs en Algérie (CGATA) and
the SNATEG (National Autonomous Union of Sonelgaz
Gas and Electricity Workers), were rejected.

In both countries, workers’ attempts at organising


protests were systematically crushed. At BiscoMisr,
an Egyptian food-manufacturing company, workers
were held in custody for 60 days for striking, while
seven workers at Ceramica and Majestic, who were
protesting against their employer´s failure to pay their
wages, were arrested and later charged with inciting
a strike. All were sentenced to 15 days’ detention.

In Iran, the authorities intensified their crackdown


on labour protests by violently attacking workers
Journalists and lawyers rally in Algeria to demand
and carrying out mass arrests. In October 2018, over
the freedom of imprisoned journalist Adlene Mellah
250 truck drivers were detained during a nationwide during his third week of hunger strike.
strike against low wages. Similarly, in May 2018, 15
Credit: Billal Bensalem/NurPhoto/AFP
employees of the Heavy Equipment Production
Company (HEPCO) were arrested for taking part
in a strike to protest wage arrears. In October 2018,
the Criminal Court of Arak sentenced the HEPCO
workers to between a year and two and a half years
in prison and 74 lashes for “disrupting public order” and
“instigating workers to demonstrate and riot”.

Worst Region in the World  Page 13


Asia-Pacific

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.

Page 14 2019 ITUC Global Rights Index


Repression of strike action Violations of workers’ rights
in Asia-Pacific
Strike actions were brutally repressed and severely
punished by the governments of Bangladesh,
Cambodia, India, Myanmar and Thailand. In Vietnam, 91% of countries exclude
50,000 workers from the Pouchen footwear factory 91% workers from the right to
in Tan Tao industrial industrial zone in Ho Chi Minh establish or join a trade union.
City, the biggest economic hub in the Southeast Asian
country, took to the streets to protest a bill creating
new special economic zones, on 9 and 10 June 2018.
Vietnamese security forces responded by dispersing 21

21 out of 22 countries violated
the demonstration with tear gas and water cannons.
Five hundred protesters were taken into custody, and 22 the right to strike.

many were beaten up by the police in jail.

In November 2018, the State Railway of Thailand


(SRT) began enforcing its claim for 24 million Baht All 22 countries violated the
(US$730,000) in damages against the State Railway 100% right to collective bargaining.
Union of Thailand (SRUT) and seven of its officials.
The claim, which began in 2011, arose out of 2009
industrial action by SRUT, where workers protested
against a railway accident that had killed seven
workers. In many countries including Bangladesh,
Cambodia and Indonesia, union-busting measures
were frequent and workers attempting to form a
union were systematically dismissed. In China, Jasic
Technology dismissed workers throughout the year
when they tried to organise their own trade union.
More than 40 workers were also arrested and accused
of “gathering a crowd to disturb social order”.

Protesters chant slogans against a proposal to grant


99-year concessions in planned special economic
zones, which some view as sweetheart deals for
foreign firms during a demonstration in Vietnam.

Credit: Kao Nguyen/AFP

Worst Region in the World  Page 15


Africa

Burundi, Central African Republic, Ban on strike action and assembly


Somalia, South Sudan and Sudan
Authorities and employers increasingly resorted to
were still plagued by internal conflicts court bans to curb any attempts at organising strikes
in Nigeria, Benin and Gabon, for example. In Kenya,
which further deteriorated the
the Teachers Service Commission (TSC) failed to
humanitarian situation and deprived show up for a mediation meeting called by the Labour
Cabinet Secretary, while at the same time, securing
millions of basic protection. In other
a court order suspending a planned strike by the
African countries, the year was Kenya National Union of Teachers (KNUT). Similarly,
some governments, like the government of Burkina
marked by an escalation of violence
Faso, resorted to blanket bans on demonstrations to
against workers during protests. undermine workers’ rights to peaceful assembly. In
Chad, the Security Minister invoked security reasons
to impose a ban on all demonstrations and threatened
to suspend the activities of all political parties and all
Workers were arrested or detained civil society associations which would “attempt to defy
49% in 49% of countries in Africa. the authority of the State”.

Increase in violence

Police brutality reached unprecedented levels in


Cameroon, Chad, Ghana, Eswatini and Zimbabwe,
as security forces fired live ammunition at protesting
workers. In Cameroon, a dockers’ strike was brutally
repressed by the police. Several dockers were
injured, and one protester lost his forearm when he
attempted to deflect a grenade thrown by the police.
In Zimbabwe, during the brutal repression of worker
protests in January 2019, 70 protesters sustained
gunshot wounds and 12 workers were killed.

Page 16 2019 ITUC Global Rights Index


Arrest, detention and imprisonment Violations of workers’ rights in Africa

A significant number of African trade union leaders


were arbitrarily arrested and detained in 2019. In 90% of countries exclude
Zimbabwe, the ZCTU president and general secretary 90% workers from the right to
were taken into custody on 21 and 25 January 2019 establish or join a trade union.
and charged with subversion for “mobilising the
nation to participate in anti-fuel hike protests”. The
ITUC-Africa general secretary, who had traveled to
meet with the ZCTU leadership and the Zimbabwean 92% of countries violated the
Ministry of Labour, was later arrested in his hotel 92% right to collective bargaining.
room and arbitrarily detained at Harare International
Airport. In Kenya, the KNUT general secretary and
other officials were arrested for allegedly inciting
nurses to strike at the Kenyatta Hospital. In Guinea,
authorities intensified their crackdown on unions and 38

38 out of 39 countries
arbitrarily arrested several union officials while they
were conducting union business, including the SLECG 39 violated the right to strike.

general secretary during their Congress; the UGTG


deputy general secretary; and the general secretary
of the port workers’ union during a police raid in the
union offices.

A van blocks the main entrance of Lagos State


Government Secretariat during a national strike in
Nigeria.

Credit Pius Utomi Ekpei/AFP

Worst Region in the World  Page 17


Americas

The situation of workers in the Americas Dismissed for being in a union


worsened compared to last year, with
Workers who attempted to form unions were summarily
an average country rating of 3.52. dismissed. In Ecuador, Northwest Transportation
Company dismissed 22 workers after they formed a
In many countries, trade unionists
union, while in Trinidad and Tobago, TSTT, the state
experienced violent attacks. communication company, dismissed 503 workers
without any justification, the majority of whom were
CWU members. Many cases of massive lay-offs as
reprisal for unionising remained unresolved, and
34 trade unionists were murdered dismissed workers still await their reinstatement. In
in Colombia in 2018. Paraguay, 327 workers dismissed by Prosegur in
2012 still awaited their reinstatement ordered by the
courts. They had been fired after the dissolution of
their union in 2012, and their lockout was in retaliation
Increase in violence and impunity against their strike action. Employers still resorted to
union-busting practices such as casualisation of the
Death threats and intimidation cases against union workforce to circumvent collective bargaining. In Peru,
members were recorded yet again in Honduras and AB InBev dismissed 1,500 workers and replaced them
Haiti, while several union leaders were assassinated with casual employees to avoid the application of the
in Brazil and Guatemala. In Colombia alone, 34 trade collective bargaining agreement.
unionists were murdered in 2018, while another 10
cases of attempted murders and 172 cases of threats
to life were registered. On 4 November 2018, Edilberto
Niño Cristancho, who was an organising leader for
SINTRAIMAGRA in the palm oil industry, was found
seriously injured and rushed to the hospital. He later
died of his injuries. Before his death, Cristancho
managed to tell police what had happened. He
was overpowered by two unidentified assailants
who stabbed him 18 times in a taxi in Villavicencio
in the Meta province. The situation in Colombia and
Guatemala was compounded by the total lack of action
by the authorities to investigate and prosecute these
crimes.

Page 18 2019 ITUC Global Rights Index


Denial of union registration Violations of workers’ rights in the
Americas
In many Latin American countries, the authorities
denied registration to unions on dubious grounds. In
Panama, the government still refused to grant status to 68% of countries exclude
eight legally formed unions in the public sector despite 68% workers from the right to
its renewed assurances to the ILO in October 2018 that establish or join a trade union.
it would do so. At least 14 unions have been denied
registration in Argentina, despite having applied for
recognition as early as 2007. In Paraguay, OTEP,
the teachers’ union created in 2017, was still denied 19

19 out of 25 countries violated
registration by the Ministry of Labour, while Sitrande,
the electricity sector union, was prevented from 25 the right to strike.

carrying out activities and saw its account frozen due


to the refusal of the government to grant its registration
renewal. It is believed that the government acted in
retaliation following a massive strike organised by 20

20 out of 25 countries violated the
Sitrande in 2014.
25 right to collective bargaining.

People protest President Lenin Moreno’s economic


measures during a trade union demonstration in
Ecuador.

Credit: Rodrigo Buendia/AFP

Worst Region in the World  Page 19


Europe

Conditions in Europe worsened in the Repression of strike action and


protests
last year due to an increase in violent
attacks against trade union leaders A number of strike actions were brutally dispersed by
police forces, and protesting workers were prosecuted
and a growing trend of charging and
and sentenced for their participation in strikes. In
sentencing workers for their participation Belgium, 18 FGTB members were charged for blocking
a road during a protest. The president of the FGTB
in strike action. The average
Antwerp branch was sentenced but no penalty was
country rating increased to 2.55. imposed. Similarly in France, 5 CGT and FO members
were summoned by the police for distributing flyers
at a tollgate. The general secretary of CGT Lot was
charged with “illegal occupation of public roads” and
Workers were arrested and detained his trial scheduled for May 2019. In Turkey, 43 workers
25% in 25% of countries in Europe. of new Istanbul Airport construction site were facing
trial following a massive crackdown on their protest
against deplorable working and safety conditions,
in October 2018. The police violently dispersed the
Violent attacks and murder of trade protest and took into custody over 400 workers. In
unionists Belarus and Kazakhstan, the authorities maintained
their repression of independent unions, prosecuting
In 2018, trade union leaders were murdered in Turkey and sentencing trade union leaders on trumped-up
and Italy. In Turkey, Abdullah Karacan, president of charges.
the rubber and chemical workers’ union Lastik-İş, was
shot dead by a gun-wielding assassin on 13 November
2018. He was visiting workers at a Goodyear tyre
factory in Adapazari. Two other union representatives
were also wounded in the attack. In Italy, Soumayla
Sacko, a 29-year-old agricultural worker and trade
unionist from Mali, was killed in San Calogero on 2
June 2018 while collecting materials to help build the
city of tents and shacks where he and his co-workers
lived. For the last two years, he had been active in
the Unione Sindacale di Base (USB) trade union and
fought to improve the appalling conditions of labourers.
In Kazakhstan, Dmitry Senyavskii, leader of the Fuel
and Energy Workers’ Union Karaganda Region local
branch, was brutally beaten at his home in Shakhtinsk
by two unidentified assailants.

Page 20 2019 ITUC Global Rights Index


Erosion of collective bargaining Violations of workers’ rights in Europe

In many European countries, like the Netherlands,


Estonia and Spain, companies often bypassed 40% of countries exclude
collective bargaining with unions and pushed for 40% workers from the right to
individual agreements directly with workers. In establish or join a trade union.
Norway, after a 35-day strike and the conclusion of a
collective agreement to end the dispute, the owners
of Norse Production, a salmon producer, bankrupted
the company and established a new subcontractor 68% of countries violated
at the same place and with the same management. 68% the right to strike.
None of the unionised workers from Norse Production
were hired in the new company and the collective
agreement was not renewed.

50% of countries violated


50% collective bargaining rights.

Amazon workers go on a strike after company aims


to block salary increases, cut wages and reduce
payments for those working weekends or holidays
as part of a new contract agreement in Spain.

Credit: Burak Akbulut/Anadolu Agency/AFP

Worst Region in the World  Page 21


The World’s Ten Worst Countries for Workers

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.

Page 22 2019 ITUC Global Rights Index


Case of arrest of union leaders Brazil NEW

In February 2018, 12 leaders and members of the Garments


Workers’ Trade Union Centre (GWTUC) were charged with
attempted murder and vandalism after representatives of »» Violence
the Bangladesh Garment Manufacturers and Exporters »» Murder
»» Collective bargaining undermined
Association (BGMEA) pressed criminal charges against
them for their participation in a peaceful protest outside
Ashiana Garments Industries Ltd in Dhaka. The charges
were patently false, as of the 12 leaders charged, only The situation of workers in Brazil dramatically worsened
three were actually present at the Ashiana protest, in the last year with the adoption of regressive laws that
while two of them, the GWTUC general secretary and severely undermined collective bargaining rights in the
president, were not even in Dhaka at the time of the country and the rise to power of far-right president Jair
alleged events. The union believes that the real reason Bolsonaro. Many strikes and protests were repressed
for the arrests was its leading role in the campaign to with violence by state security forces, and union
increase the minimum wage for garment workers. leaders faced threats and intimidation. On 8 November
2018, the president of the civil servants union of the
municipality of Bahia, Aroldo Pereira de Souza, was
ambushed on a road and shot three times by unknown
gunmen. He died on the way to the hospital. Pereira
de Souza had been involved in a teachers’ strike.

Undermining of collective bargaining

Since the adoption of Act No. 13.467, the entire collective


bargaining system has collapsed in Brazil. The revised
Consolidation of Labour Laws (CLT) established as a
general principle that collective agreements prevail
over legislation, and that it was therefore possible
through collective bargaining not to give effect to
the protective legal provisions, with the sole limit of
a few labour rights set out in the Constitution. Almost
Garment workers in Bangladesh mobilise to demand
a pay rise. two years on, the Act has had dramatic effects on
industrial relations with a drastic decline of 45 per cent
Credit: Mamunur Rashid/NurPhoto/AFP
in the number of collective agreements concluded
in 2018. There is also a worrying trend of employers
withdrawing labour rights and pressing for lower wages
at company level.

The World’s Ten Worst Countries for Workers  Page 23


Colombia Guatemala

»» Murders and extreme violence »» Murders and extreme violence


»» Union busting and dismissals »» Union busting and dismissals

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.

Page 24 2019 ITUC Global Rights Index


Kazakhstan The Philippines

»» State repression »» Violence and murder


»» Arrest and prosecution »» Brutal repression of public protests
of union leaders »» Repressive laws

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.

Thousands of people took to the streets in the


Philippines to protest President Rodrigo Duterte
and mark the 46th anniversary of the Martial Law
declared by the late dictator Ferdinand Marcos.

Credit: Noel Celis/AFP

The World’s Ten Worst Countries for Workers  Page 25


Saudi Arabia
Case of murder of a migrant worker

»» Abuse of migrant workers In October 2018, Tuti Tursilawati, an Indonesian


and forced labour domestic worker, was secretly prosecuted and
»» State repression
sentenced to death by the Saudi authorities for
allegedly beating up her employer to death with a
stick in self-defence against attempted rape. She had
Rights to freedom of association and of assembly as managed to run away, but was then raped instead by
well as the right to collective bargaining continued nine Saudi men before the police brought her into
to be denied to all workers in Saudi Arabia. The 8.3 custody. Her beheading, which occurred unbeknownst
million migrant workers in the country, representing to her family and the Indonesian government, sparked
90 per cent of the private sector workforce, were calls for Jakarta to review its agreement with Saudi
most affected by this blatant denial of civil liberties. Arabia and demand consular notification and respect
While a number of origin countries expressed concern for workers’ civil rights. The Saudi government did not
regarding the slave-like working and living conditions respond to any of these demands.
of their citizens in Saudi Arabia, migrant workers still
fell prey to severe physical and psychological abuses.
Vietnamese migrant domestic workers reported being
forced to work 18 hours a day. They were also denied
food, frequently assaulted by their employers and
prevented from returning home.

Indonesian activists stand with a placard during a


protest against the execution of Indonesian migrant
worker Tuti Tursilawati in front of the Embassy of
Saudi Arabia to Indonesia.
Credit: Andrew Lotulung/NurPhoto/AFP

Page 26 2019 ITUC Global Rights Index


Turkey Zimbabwe NEW

»» Murder »» State violence


»» Crackdown on strikes »» Arrest of union leaders
»» Mass dismissals and discrimination »» Mass dismissals

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.

Cases of prosecution of workers Cases of arrest of trade union leaders

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.

The World’s Ten Worst Countries for Workers  Page 27


Most Violated Rights in the World

RIGHT TO STRIKE - Increasing criminalisation of the right to strike in 85% of countries.

RIGHT TO COLLECTIVE BARGAINING - Erosion of collective bargaining in 80% of countries.

RIGHT TO ESTABLISH OR JOIN UNIONS - Exclusion of workers from labour protection in 74% of countries.

RIGHT TO CIVIL LIBERTIES - Restrictions on access to justice in 72% of countries.

RIGHT TO TRADE UNION ACTIVITIES - De-registration of unions in 59% of countries.

RIGHT TO CIVIL LIBERTIES - Arbitrary arrests, detention and imprisonment in 44% of countries.

1. Increasing criminalisation of the right to strike

In 2019, strikes have been severely


WORLDWIDE:
restricted or banned in 123 out of 145
85% 85% of countries violated
countries. In a significant number the right to strike.

of these countries, industrial actions


were brutally repressed by the Regional: Percentage of countries which violated
the right to strike
authorities and workers exercising
their right to strike often faced criminal AFRICA 97%
MENA 95%
prosecution and summary dismissals.
ASIA-PACIFIC 95%
Three regions – Africa, the Americas AMERICAS 76%
EUROPE 68%
and MENA – all had an increase in
the number of countries that violated
the right to strike from last year.

Page 28 2019 ITUC Global Rights Index


Prosecution of union leaders and Asia-Pacific
workers for participating in strikes

Europe 95% of countries in Asia-Pacific


95% violated the right to strike.

68% of countries in Europe


68% violated the right to strike.
In Myanmar, eight union leaders of the Confederation
of Trade Unions of Myanmar (CTUM) and the Myanmar
Industries Crafts and Services Trade Union Federation
In Belgium, 18 FGTB members were charged for (MICS-TUF) were charged by the police for violating
blocking the road during a protest. The FGTB president Article 20 of The Right to Peaceful Procession and
of the Anvers branch was sentenced, but no penalty Peaceful Assembly Act, which bans public processions
was imposed. Similarly, in France, 5 CGT and FO and assemblies and incurs heavy prison sentences.
members were summoned by the police for distributing
flyers at a tollgate. The general secretary of CGT Lot Middle East and North Africa
was charged with “illegal occupation of public roads”
and his trial set for May 2019.
95% of countries in Middle
In Turkey, 43 workers at the new Istanbul Airport 95% East and North Africa violated
construction site were facing trial following a massive the right to strike.
crackdown on their protest in October 2018 against
their deplorable working and safety conditions. The
police violently suppressed the protest and took into In Iran, 15 employees of the HEPCO were arrested
custody over 400 workers. for taking part in a strike to protest wage arrears and
were later sentenced by the Criminal Court of Arak,
in October 2018, to between a year and two and
Turkey - Renault a half years in prison and 74 lashes for “disrupting
public order” and “instigating workers via the internet
On 2 November 2018, 26 trade union members were to demonstrate and riot”.
criminally convicted for their part in a 2016 strike
at a Renault factory in Bursa. The workers were Dismissals for participating in strike
found guilty of “disobeying the law on meetings and action
demonstrations” and sentenced to a five-month
prison sentence, suspended for five years, after Africa
taking part in a protest in front of Renault’s Oyak
plant in March 2016. Two workers who had posted
messages in support of the workers’ protest on social 97% of countries in Africa
media were sentenced to prison terms of three years 97% violated the right to strike.
and four months for incitement. The 2016 protest
took place following a series of dismissals during a
union campaign by members of the Birleşik Metal
workers’ union. Renault had repeatedly refused to In Zimbabwe, 16,000 nurses were fired by the
allow union elections to take place and had fired ten government in a context of unrest and industrial action.
workers including two worker spokespersons. The Nurses had walked out on 16 April 2018 over unpaid
demonstrators were demanding respect for their right allowances and other issues.
to organise and that dismissed workers be reinstated.
The protest was violently dispersed by police.

Most Violated Rights in the World  Page 29


Asia-Pacific Europe - Ryanair

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.

“Ryanair must change”. Unions across multiple


countries staged the biggest strike in Ryanair’s
history in a bid to address the legal loopholes that
allowed the airline to employ workers across the EU
under Irish contracts.

Credit: John Thys/AFP

Page 30 2019 ITUC Global Rights Index


2. Erosion of collective bargaining

In 2019, serious restrictions to Attacks on collective bargaining


collective bargaining were recorded
Americas
in 116 countries. The Americas saw
the biggest rise in the number of
80% of countries in the Americas
countries which violated the right to 80% violated collective bargaining rights.
collective bargaining, and every country
in the Asia-Pacific region violated
Employers still resorted to union-busting practices
the right to collective bargaining.
such as casualisation of the workforce to circumvent
collective bargaining. In Peru, AB InBev dismissed
1,500 workers and replaced them with casual
WORLDWIDE: employees to avoid the application of the collective
85% 85% of countries violated the bargaining agreement.
right to collective bargaining.
The adoption of regressive laws in Brazil severely
undermined collective bargaining rights. Since the
Regional: Percentage of countries which violated adoption of Act No. 13.467, the entire collective
collective bargaining rights bargaining system has collapsed in Brazil. The revised
Consolidation of Labour Laws (CLT) established as a
ASIA-PACIFIC  100% general principle that collective agreements prevailed
MENA  95% over the legislation, and that it was therefore possible
AFRICA  92% through collective bargaining not to give effect to the
AMERICAS  80% protective provisions of the legislation, with the sole
EUROPE  50% limit of a few labour rights set out in the Constitution.
Almost two years on, the Act has had dramatic effects
on industrial relations with a drastic decline of 45 per
cent in the number of collective agreements concluded
in 2018. There is also a worrying trend of employers
withdrawing labour rights and pressing for lower wages
at company level.

Most Violated Rights in the World  Page 31


Europe United States and Europe – Amazon

Amazon has a long history of suppressing freedom


50% of countries in Europe violated of association: it has hired law firms, fired worker
50% collective bargaining rights. spokespersons and even shut down a call centre
to suppress organising efforts. Amazon workers
took action over working conditions and collective
bargaining rights urging customers to boycott Prime
In the Netherlands, Norway and Spain, companies Day sales in July 2018. Workers at warehouses in
often bypassed collective bargaining with unions and England, France, Germany, Italy, Spain and Poland
pushed for individual agreements directly with workers. engaged in strike action. Concerns vary by country
In Estonia, during the negotiations of the collective and included an increase in hours, lack of health
agreement in which EMSA, the Independent Seamen’s benefits and difficulties in establishing collective
Union of Estonia, was demanding a wage increase, bargaining agreements.
the management of TS Laevad, a ferry company,
completely sidelined EMSA and organised a meeting
with workers to offer them similar advantages to those
demanded by the union for all workers. This tactic,
which was denounced by EMSA, had one objective
only: bypassing and discrediting the union.

Page 32 2019 ITUC Global Rights Index


3. Exclusion of workers from labour protection

Under international labour standards, Migrant workers


all workers without distinction have
Middle East and North Africa
the right to freedom of association. In
2019, 107 out of 145 countries surveyed 95% of countries in Middle East and
excluded certain categories of workers 95% North Africa exclude workers from the
right to establish or join a trade union.
from this right, often on the basis of
their employment status from informal
Migrant workers who represent 164 million workers
workers to non-standard forms of
worldwide and are too often excluded from any la-
employment. All five regions saw an bour protection are most affected with the denial of
the right to form or join a trade union. This leaves
increase in the number of workers who
them vulnerable to exploitation and severe abuses.
are excluded from their right to establish In the Gulf countries, migrant workers, who account
for 13,9 percent of the population but represent the
or join a trade union. This was highest
overwhelming majority of the workforce, are trapped
in Europe, which saw a 50% increase in exploitation and forced labour. They are forced to
work 18 hours a day and deprived of food and sleep.
in countries which exclude workers.
They are often physically, sexually and psychologically
abused by their employers, and their identification
WORLDWIDE: papers are usually confiscated to prevent them from
74% of countries exclude workers fleeing. In October 2018, Tuti Tursilawati, an Indone-
74% from the right to establish sia domestic worker employed in Saudi Arabia, was
or join a trade union. secretly prosecuted and sentenced to death by the
Saudi authorities for allegedly beating up her employer
to death with a stick in self-defence against attempted
Regional: Percentage of countries which exclude rape. She had managed to run away, but was then
workers from the right to establish or join a trade raped instead by nine Saudi men before the police
union brought her into custody. Her beheading occurred un-
beknownst to her family and the Indonesia authorities.
MENA 95%
AFRICA 92% Asia-Pacific
ASIA-PACIFIC 91%
AMERICAS 80%
EUROPE 50% 91% of countries in Asia-Pacific
91% exclude workers from the right to
establish or join a trade union.

Most Violated Rights in the World  Page 33


Public sector workers USA, Europe, India, South Korea,
Australia – Uber
In a number of countries, certain categories of public
employees are still denied the right to freedom of Global ride-hailing company Uber is one of the world
association, like firefighters and prison staff in Japan. leaders for attacking workers’ rights. It cuts corners on
employment standards and is under legal challenge in
Non-standard forms of employment multiple jurisdictions. Workers face poverty wages,
debt servitude, mental health issues, and health
Europe and safety due to long hours. Women and young
drivers are disproportionately affected. Unions are
demanding collective bargaining rights and the right
50% of countries in Europe to join a union; a living wage for all drivers, regardless
50% exclude workers from the right to of their employment status; decent, safe working
establish or join a trade union. conditions for all drivers, men and women. Uber is
presently facing strikes and regulatory battles in
Australia, Belgium, South Korea, London, Mumbai,
There is a worldwide trend, which is particularly New York, Seattle, San Francisco and many more
evident in Europe but spreading globally, to seek to cities across the world.
exclude workers from employment rights through “non-
standard“ forms of employment, which reduces the
organisational capacity of unions, as many workers are
physically or psychologically isolated from permanent
workers. Non-standard forms of work include temporary
work; part-time, on-call, and contracts with zero- or
variable working hours; temporary agency work; and
disguised and dependent self-employment, in which
many of the workers are found in platform, gig or digital
work.

During a one-day strike against Uber and Lyft,


rideshare drivers picket in front of an Uber office in
the USA. Over 200 drivers marched with signs and
protested a recent 25% deduction in pay for Uber
drivers.
Credit: Scott Varley/MediaNews Group/Torrance Daily Breeze

Page 34 2019 ITUC Global Rights Index


Informal workers ILO Recommendation No. 204 on the
Transition from the Informal to the Formal
Africa Economy Recommendation, 2015

The ILO stresses the need to facilitate the


92% of countries in Africa transition of workers and economic units
92% exclude workers from the right to to the formal economy, to promote the
establish or join a trade union. creation, preservation and sustainability of
enterprises and decent jobs in the formal
economy and to prevent the informalisation
The Republic of Congo and Malawi are countries of formal economy jobs. Such results can
with large numbers of informal workers and are both only be achieved through the realisation
rated 2. While this rating does not reflect the reality of of freedom of association and the right to
all the violations of workers’ rights in these countries, it collective bargaining for workers in the informal
does shed light on the immense structural issues and economy. Unions have a crucial role to play in
difficulties to identify, report and address violations in this by extending membership and organising
countries where the overwhelming majority of workers workers in the informal economy. They have
are employed in the informal sector. According to the capacity and should protect the rights
ILO statistics, in Africa 85.8 per cent of employment and interests of members in the informal
is informal. Workers in the informal economy are economy, encourage their participation in
particularly vulnerable to abuses and exposed to the union and promote inclusive legislation.
inadequate and unsafe working, and living conditions
and labour inspection services lack the adequate
means to monitor their working conditions.

Unions are organising informal workers. The Malawi


Union for the Informal Sector (MUFIS), which was
officially registered in 2004, counts approximately
14,550 members, who work in the following informal
sectors: home-based workers, street vendors, waste
pickers, construction workers, domestic workers and
small-scale tea farmers.

Most Violated Rights in the World  Page 35


4. Restrictions on access to justice

Access to justice and due process of Iran – Ali Nejati

law are basic principles of the rule of


Iranian authorities are notorious for their relentless
law. In their absence, people are unable persecution of labour activists in the country. Many
activists have been arrested and imprisoned without
to have their voice heard and to assert
trial, sometimes in remote and secret prison facilities
their rights. In 104 countries out of 145, where they have been tortured. On 29 November
2018, security forces stormed Ali Nejati’s house
workers had no or reduced access to
without presenting any legal warrants and arrested
justice, and the due process of law and him with force. Ali Nejati is a retired prominent
unionist and member of the workers’ union of Haft
justice was denied. Trade union leaders
Tapeh sugar cane complex. His lawyer said he was
were often detained and prosecuted charged with “disrupting public order”, “collusion and
assembly against national security” and “cooperation
on trumped-up charges, and their trials
in establishing a group intended to disrupt peace and
were frequently fraught with disregard security”. Detained in Ahwaz prison, he was taken to
hospital on 13 December 2018 after being harshly
for due process and lack of impartiality.
pressured under interrogation. His lawyer indicated
that his arrest was related to his posing an alleged
threat to national security and to a previous, unserved
WORLDWIDE: one-year sentence related to his labour activism.
72% 72% of countries denied
workers access to justice. Iran - National Steel Industrial Group

Forty-one workers were arrested for their participation


Regional: Percentage of countries which deny in a strike at the National Steel Industrial Group in
workers access to justice Ahvaz, Khuzestan province, that had gathered over
4,000 workers on 9 November 2018. On 17 and 18
MENA  95% December 2018, 41 detained workers were transferred
AFRICA 90% to the Sheiban Prison in Ahvaz. Their lawyer said that
ASIA-PACIFIC 73% 35 of the workers had been released on bail, but seven
AMERICAS 68% workers remained detained and some had not had
EUROPE 48% access to legal representation.

Cases of denial of justice

Middle East and North Africa

95% of countries in Middle


95% East and North Africa deny
workers access to justice.

Page 36 2019 ITUC Global Rights Index


Asia-Pacific Shen Mengyu, a worker activist, was seized at her
home on 11 August 2018 by three unidentified men
believed to be from China’s security forces and forcibly
73% of countries in Asia-Pacific bundled into an unmarked car. Another advocate,
73% deny workers access to justice. Xiao Hu, was detained at around the same time. Both
were prominent supporters of the workers at the Jasic
Technology factory who had been trying to establish
an independent workers’ union. Shen Mengyu had
Cambodia – 2013 Veng Sreng crackdown been one of the authors of an open letter recently
published that was highly critical of the owner of
Seven national trade union leaders from CLC, CUMW, Jasic Technology and the personnel manager. The
CCU and FTUWKC were prosecuted by the Phnom police refused to investigate her disappearance and
Penh Municipal First Instance Court on 7 and 11 dismissed it as a “family dispute”. They claimed that all
December 2018 for their alleged participation in a four surveillance cameras at the site of the abduction
strike action organised in 2013 that had ended in were “out of order”. According to some reports,
clashes with the police. Even though the employer had Shen was being detained in a house in Shenzhen,
dropped the charges since, the case was reopened an unofficial detention centre or “black jail”, and
by the authorities. The judge amended the charges kept under 24-hour surveillance. Such methods are
using provisions of the Criminal Code on instigating a common method of repression in China, making it
violence without informing the defendants and their easier for police to keep someone indefinitely, cut off
representative lawyers. After a mockery of a trial, from access to a lawyer, family or the media.
the seven leaders were convicted and given heavy
prison sentences of up to two and a half years under Africa
suspension and ordered to pay damages of 35 million
riel (US$8,750) to two victims allegedly injured in the
strike. 90% of countries in Africa deny
90% workers access to justice.
China – Jasic Technology Factory

Zimbabwe - Kwasi Adu Amankwah

The ITUC Africa general secretary was forcibly


removed by security forces from his hotel in Harare
at 2 a.m. on 26 February 2019 and taken to Harare
International Airport, where he was detained for several
hours. Officials refused to allow a lawyer from ZCTU
to see Adu Amankwah at the airport. He had traveled
to Zimbabwe to show solidarity with the ZCTU and
Zimbabwean workers. He was scheduled to meet with
the ZCTU leadership and the Zimbabwean Ministry of
Labour to discuss the withdrawal of charges against
Japhet Moyo and Peter Mutasa, ZCTU leaders.
Activists hold banners at a demonstration in support
of factory workers of Jasic Technology in China.

Credit: Reuters/Sue-Lin Wong

Most Violated Rights in the World  Page 37


5. De-registration of unions

The right to official recognition through Middle East and North Africa

legal registration is an essential


facet of the right to organise, since 95% of countries in Middle East and
that is the first step that workers’
95% North Africa de-registered unions.

organisations must take in order to


be able to function efficiently and
In Egypt, all independent unions were dissolved in
represent their members adequately. March 2018 and given 60 days to re-register their
organisation. Out of 1,000 independent unions, only
Between April 2018 and March 2019,
122 were able to successfully register their status under
authorities impeded the registration of, the new law within the time frame.

de-registered or arbitrarily dissolved


Independent unions in Algeria were subjected to a
unions in 86 countries out of 145. Many similar fate, as in March 2018 the Ministry of Labour,
operating outside of any legal framework, required
unions in all regions faced difficulties
all 65 certified unions to present proof of their
in registering including in Argentina, representativity for re-registration. According to the
list published later in the year by the Ministry, only
Belarus, Burkina Faso, Colombia,
17 trade unions met the criteria. Algerian authorities
Guatemala, Honduras and Panama. continued to deny recognition to the Confédération
Générale Autonome des Travailleurs en Algérie
(CGATA), which has been seeking registration since
2013. Despite its undeniable representativeness in
WORLDWIDE: the public service, CGATA remained excluded from
59% 59% of countries impeded national social dialogue processes.
the registration of unions.
In Afghanistan, a new entrant to the 2019 Index, the
authorities intensified their repression against the
Regional: Percentage of countries which have National Union of Afghanistan Workers and Employees
de-registered unions (NUAWE) by raiding the union’s offices several times
in April and May 2018 and by instructing the Justice
MENA 95% Ministry to cancel NUAWE’s registration unless it
ASIA-PACIFIC 73% handed over its legally acquired property to the
AMERICAS 68% government.
AFRICA 56%
EUROPE 47% Saudi Arabia continues to deny independent unions.

Page 38 2019 ITUC Global Rights Index


Asia-Pacific Americas

73% of countries in Asia-Pacific 68% of countries in the Americas


73% de-registered unions. 68% de-registered unions.

In autocratic regimes like China, civil liberties are


blatantly denied, and any attempt at forming In Paraguay, OTEP, the teachers’ union created in
independent unions is relentlessly thwarted by the 2017, was still denied registration by the Ministry of
authorities. Labour, while Sitrande, the electricity sector union,
was prevented from carrying out activities and saw
Europe its accounts being frozen due to the refusal of the
government to grant its registration renewal.

47% of countries in Europe Africa


47% de-registered unions.

56% of countries in Africa


56% de-registered unions.
Since it was deregistered on 28 March 2017, the
Confederation of Independent Trade Unions of
Kazakhstan (CNTUK) has been prevented by the
government from registering under a new name. On In Senegal, several trade union organisations, including
6 and 27 August 2018, the Ministry of Justice refused SARAA (Syndicat autonome de la recherche Agricole
registration of the organisation under its new name, alimentaire) and SYROTEL (Syndicat de travailleurs
Congress of Free Trade Unions of Kazakhstan. On 4 et opérateurs de télécommunications), were denied
September 2018, the government accepted another recognition by the authorities, preventing them from
name that was proposed, the Confederation of Free carrying out any trade union activities.
Trade Unions; however, registration was again declined
based on the fact that one of the founding members  
was subject to court proceedings concerning an
unpaid utility bill.

Most Violated Rights in the World  Page 39


6. Arbitrary arrests, detention and imprisonment

A large number of governments Europe

increased pressure against workers


asserting their rights and unions 25% of countries in Europe
supporting them by specifically
25% arrested workers.

targeting prominent trade union leaders.


Workers were arrested and detained
In Kazakhstan, following the arbitrary dissolution of the
in 64 out of 145 countries in 2019. Confederation Independent Trade Unions of Kazakhstan
(CNTUK) in 2017, its leaders had been prosecuted on
Arrests of prominent union leaders
false charges and sentenced in early 2018. Nurbek
were part of the massive crackdown Kushakbayev, deputy chair of the CNTUK, and Amin
Yeleusinov, chair of CNTUK’s affiliate (the Trade Union
on strike actions which were on the
of the Oil Construction Company), were sentenced to
increase in 2019. Three-quarters of two-and-a-half years in prison and a temporary ban
on public activities after their jail term. After 16 months
countries in the Asia-Pacific arrested
in prison, Kushakbayev and Yeleusinov were freed on
workers, and one in four countries 22 and 28 May 2018, However, former CNTUK leader
Larisa Kharkova, who had been sentenced to four years
(25%) in Europe arrested workers.
of restrictions on her freedom of movement, a ban on
holding public office for five years and 100 hours of
forced labour on trumped-up charges of embezzlement,
WORLDWIDE: remained under strict restriction of her freedom of
44% 44% of countries arrested movement after refusing to pay a fine of 6 million tenge
and detained workers. (US$15,805) to fully compensate for alleged damages.

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.

Page 40 2019 ITUC Global Rights Index


Zimbabwe – Japhet Moyo and Peter Mutasa

Zimbabwe Congress of Trade Unions (ZCTU) Secretary


General Japhet Moyo and President Peter Mutasa
were taken into custody respectively on 21 and 25
January 2019, following the nationwide peaceful
protest that was brutally repressed by police forces and
the army. Moyo was arrested on 21 January 2019, and
Mutasa presented himself for arrest in the company of
his lawyer on 25 January after being forced into hiding
for several days. A few days prior to Mutasa’s arrest,
police had broken into his home while he was out and
allegedly assaulted his brother. While Mutasa was in
hiding, ZCTU staff reported avoiding their offices for
fear of police seeking his whereabouts. Zimbabwean
authorities have a history of targeting ZCTU leaders.
In October 2018 already, Mutasa and Moyo – along
with 33 other trade unionists – were arrested and
later released during an attempt to stop a national
workers’ protest against a financial tax increase and
rising prices. Some trade unionists were beaten, ZCTU
Harare offices were cordoned off by some 150 police
and ZCTU leaders not already in jail were forced into
hiding. In addition, Kwasi Adu Amankwah, ITUC Africa
general secretary, who had traveled to meet with the
ZCTU leadership and the Zimbabwean Ministry of
Labour, was arrested in his hotel room and arbitrarily
detained at Harare International Airport.

Most Violated Rights in the World  Page 41


Global Trends for Workers in 2019

1. Democracy in crisis

The systematic dismantling of the Authorisations to go on strike were denied on dubious


motives in the following countries: Benin, Burkina
building blocks of freedom and
Faso, Fiji, Gabon, India, Namibia, Nigeria and South
democracy is taking place through Africa.

sustained attacks on workers’ rights


Americas
and workplace democracy with
restrictions on the right to strike,
19

19 out of 25 countries in the Americas
free speech and assembly.
25 violated the right to strike.

Strike action and assembly


In Canada, 50,000 postal workers were deprived of
their right to strike and forced back to work on 27
WORLDWIDE: Strikes have been
123
— severely restricted or banned
November 2018 following the adoption of a special
law by the federal government. Postal workers had
145 in 123 countries out of 145. been on strike since 22 October 2018 to demand
better working conditions and wages. Law C-89
provided penalties ranging from Can$1,000 (US$744)
Regional: Percenage of countries that have to Can$50,000 (US$37,199) for any worker refusing
violated the right to strike to go back to work and a Can$100,000 (US$74,397)
fine for any union contravening the law. Several trade
AFRICA 97% unionists who had taken to the street to show support
MENA 95% for the postal workers were arrested and taken into
ASIA-PACIFIC 95% custody by the police. They were released shortly after.
AMERICAS 76%
EUROPE 68% Europe

Africa 68% of countries in Europe


68% violated the right to strike.

38

38 out of 39 countries in Africa

39 violated the right to strike.


There was also a growing number of countries where
the authorities or employers resorted to court orders
to ban strike actions on the dubious pretext that such
actions disrupted economic activities. In Georgia, the

Page 42 2019 ITUC Global Rights Index


Tbilisi City Court banned Tbilisi Metro workers from The Philippines – Martial law on Mindanao
going on strike during working hours, stating that the
right to strike is fundamental but not absolute and that Since 23 May 2017, martial law has been imposed on
the disturbance to traffic was not acceptable. This Mindanao and habeas corpus has been suspended,
ruling runs counter to the principles enshrined in ILO among other civil liberties. Its three consecutive
Convention No. 87. extensions in December 2017, 2018 and 2019 are an
orchestrated attack on trade union and human rights.

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.

33% of countries in Africa restricted


Regional: Percentage of countries which have 33% free speech and assembly
restricted free speech and assembly.

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.

Global Trends for Workers in 2019  Page 43


Europe

Restrictions on the right to strike have seen the biggest


30% of countries in Europe restricted increase in six years followed by the right to collective
30% free speech and assembly bargaining and the right to establish and join a trade
union.

This global trend has led to rising inequality, stagnant


Turkey – Istanbul Airport wages and the breakdown of the social contract.

Özgür Karabulut, president of the union Dev Yapı-İş,


was arrested on 5 October 2018 for a speech he made
to the workers at the Istanbul Airport construction site
during a protest. He was charged with violating the law
on demonstrations and public assemblies and resisting
the police, and was remanded in prison pending trial.

The dismantling of workplace


democracy and the breakdown of the
social contract

The Global Rights Index has tracked the key elements


of workplace democracy for six years, including the Turkish police officers arrest an old man in Istanbul.
right to form and join a trade union, the right to collective He was demonstrating in support of workers that
bargaining and the right to strike as well as the right to were arrested earlier for protesting over labour
conditions at Istanbul’s new airport.
free speech and assembly, which symbolises a healthy
democracy. Credit: Bulent Kilic/AFP

Six-Year Global Trends – The dismantling of workplace democracy


90% Countries where workers have no
right to strike

Countries that deny workers the right


80% to collective bargaining
Countries that exclude workers from
the right to establish or join a union
70%

60%

50%

40% Countries that deny or constrain


freedom of speech and assembly
30%

20%
2014 2015 2016 2017 2018 2019
139 countries 141 countries 141 countries 139 countries 144 countries 145 countries

Page 44 2019 ITUC Global Rights Index


2. Silencing the age of anger

The increasing use of violent attacks Asia-Pacific

on workers, arrests and murder is


being used to silence workers. Workers experienced violent attacks
45% in 45% of countries in Asia-Pacific.

Serious injuries and deaths

In Bangladesh, one garment worker was killed and


WORLDWIDE: Workers experienced 50 were injured after the police fired rubber bullets
violence in 52 countries. and tear gas at 5,000 workers protesting on 8 January
2019. Police also raided the homes of some workers,
shooting them with rubber bullets and vandalising their
houses.
Regional: Percentage of countries where workers
have experienced violent attacks In Myanmar, dozens of garment workers employed at
the Fu Yuen Garment Co Ltd, a textile factory, were
ASIA-PACIFIC 45% seriously wounded after 40 armed thugs attacked the
AFRICA 44% protesters with metal bars and wooden sticks. The
MENA 42% police were called in but made no arrest.
AMERICAS 36%
EUROPE 20% Africa

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,

Global Trends for Workers in 2019  Page 45


and first aid was later applied to him by other marchers. trade union activities. He also appeared on a list of five
Many demonstrators ran for safety, with pursuing police persons, one of whom, Lionel Alain Douge executive
beating everyone in sight with batons. Some were director of the tripartite commission on the application
cornered and severely assaulted by the police. A week of the HOPE Act, was murdered in December 2018.
after the events, two people were still in a critical state
in hospital. Europe

Workers experienced violence


20% in 20% of countries in Europe.

In Kazakhstan, Dmitry Senyavskii, leader of the FEWU


Karaganda Region local branch, was violently attacked
at his home in Shakhtinsk by two unidentified assailants
on 10 November 2018.

Trade union protests over low wages were violently


broken up by riot police in eSwatini.

Credit: Gianluigi Guercia/AFP

In Ghana, the army was called in to violently disperse


a peaceful demonstration of mine workers on 13 March
2018 at the Tarkwa Mine of Goldfields. Military forces
used pepper spray, tear gas and fired warning shots.
They also chased and hit workers with batons. During
the clashes, one worker was hit by a bullet and rushed
to the hospital by the union leadership.

Americas

Workers experienced violent attacks


36% in 36% of countries in the Americas.

While Colombia continues to be one of the most


dangerous country for trade unionists, intimidation
campaigns and threats were frequent in Chile and
Honduras.

In Haiti, Jean Bonald Golinsky Fatal, CTSP president,


received death threats following his denouncing of state
persecution of trade unionists and the criminalisation of

Page 46 2019 ITUC Global Rights Index


Mass arrests during protests increase, while hundreds of midday meal workers
were detained for attempting to hold a protest on
WORLDWIDE: Countries 6 August 2018. During a similar protest on 30 July,
64 where workers were arrested many women midday meal workers who tried to march
and detained increased from on a state minister’s home to protest a proposed


privatisation were injured during a baton charge by


59

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 73% In Vietnam, peaceful protests against a bill on EPZs on


MENA 53% 10 June 2018 were violently repressed by the police,
AFRICA 49% militia and thugs, using tear gas and water cannons.
AMERICAS 36% One demonstrator was knocked unconscious and
EUROPE 25% 500 protesters were detained. During their time in
detention, protesters were beaten up and their cell
phones and other belongings were confiscated.
In addition to the blatant attacks on the fundamental right Police released many detainees but still kept dozens
to freedom of peaceful assembly and demonstration, of others, threatening to prosecute them on allegations
the criminalisation of the right to strike remains a of “violating national security rules and “causing public
worrying trend. A significant number of workers and disorders.”
trade unionists were arrested and faced charges for
their participation in strikes in many countries, including
Algeria, Bangladesh, Belgium, Cambodia, France,
Myanmar, Turkey and Zimbabwe. In Spain, the right
to strike has been gravely undermined in the last years
with the revival of section 315.3 of the Criminal Code, a
legislative vestige of the Franco era, which punishes the
exercise of the right to strike with a seven-year prison
sentence. This provision has been extensively used
by the previous and current governments to suppress
strikes in Spain. UGT and CCOO have surmised that
so far, over 300 workers have been charged under
this provision simply for exercising their right to strike.

Asia-Pacific

73% of countries in Asia-Pacific


73% arrested and detained workers.

In India, there were many incidents of mass arrests of


workers during peaceful demonstrations. On 23 July
2018, 580 Tamil Nadu Rubber Corporation workers
were arrested during a strike to demand a wage

Global Trends for Workers in 2019  Page 47


Africa In Chad, the security minister invoked security reasons
to impose a ban on all demonstrations and threatened
to suspend the activities of all political parties and all
Workers were arrested or detained civil society associations which would “attempt to defy
49% in 49% of countries in Africa. the authority of the State”.

Workers on the front lines

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.

Six-Year Global Trends – Increasing use of violence, arrest and detention


50%
Countries which arbitrarily arrest and
detain trade union members

40%
Countries which expose workers to
physical violence

30%

20%

2014 2015 2016 2017 2018 2019


139 countries 141 countries 141 countries 139 countries 144 countries 145 countries

Page 48 2019 ITUC Global Rights Index


3. Legislative power

Law-making is an effective and powerful Turkey – Serious interference in trade union


activities
instrument for social transformation
and the protection of labour rights. In July 2018, the government of Turkey adopted
Presidential Decree No. 5 under the pretext of
In the last year, several countries
“restructuring government institutions following
adopted progressive laws which further presidential elections”. According to the decree,
the State Supervisory Council, an institution directly
advanced workers’ rights and social
accountable to the Office of the President, has been
progress. However, in other countries, vested with excessive powers limiting the right of
trade unions to organise their internal administration,
governments passed regressive
rules and activities. The State Supervisory Council
legislation that seriously undermined has now the authority to investigate and audit trade
unions at any given time. All documents and activities
workers’ basic rights at work.
of trade unions may come under investigation without
a court order. It also falls under the discretion of the
State Supervisory Council to remove or to change the
Repression under the law – Jordan, leadership of trade unions. These provisions grant
Turkey wide discretion to the State Supervisory Council and
entail a serious risk of interference in an already tense
Jordan – Serious restrictions of freedom of context for unions in Turkey.
association
Positive legislative developments –
Jordanian labour law has long restricted the rights Ireland, New Zealand
of workers to exercise their right to freedom of
association, to organise and to bargain collectively. Ireland – Banning zero-hour contracts
These limitations include prohibiting migrant workers,
who represent 50% of the Jordanian workforce, from On 20 December 2018, the Irish Parliament adopted
forming their own unions, permitting unions in only 17 The Employment (Miscellaneous Provisions) Bill,
sectors set by the government and limiting one union which aimed to address the challenges caused by
per sector, among others. The latter in particular has the increased casualisation of work and to strengthen
made it difficult for new unions to register and carry the regulation of precarious employment.
out activities in the country.
Under the legislation which came into force in March
In April 2019, the Parliament adopted amendments 2019, zero-hour contracts are outlawed, except in
to the Labour Law that not only fail to fix these long- situations of genuine casual employment and where
standing problems but in fact impose new restrictions they are essential to allow employers to provide
on unions. These provisions give discretionary powers cover in emergency situations or to cover short-term
to the labour authorities to interfere in trade union absence.
structures, to arbitrarily dissolve unions and to replace
union leadership with an interim administrative body The legislation also provides some important
and to infringe on the rights of trade unions to draw up guarantees to improve the security and predictability
their constitutions and to elect their representatives of working hours for employees. Under the new
in full freedom. These amendments, which gravely provisions, employers must give employees basic terms
undermine freedom of association and trade union of employment within five days and a new minimum
activities in the country, are pending royal assent. payment must be made for employees called into work

Global Trends for Workers in 2019  Page 49


but sent home again without work. In addition, a new New Zealand – Repeal of regressive labour laws
right for employees whose contract of employment
does not reflect the reality of the hours they habitually The coalition government elected in 2017 continues
work was also created, whereby employees will be its repeal of the regressive changes made in
entitled to be placed in a band of hours that better employment legislation in 2010 and 2013. Following
reflects the hours they have worked over a 12-month close consultations with national unions, the Parliament
reference period. Finally, the text provides strong anti- adopted The Employment Relations Amendment Act
penalisation provisions for employees who invoke their 2018 on 5 December 2018, which restores protections
rights. for employees, especially vulnerable employees, and
strengthens the role of collective bargaining in the
This piece of legislation, which is a major step in workplace.
improving working conditions for workers on insecure
contracts or working variable hours, is the result of a Specifically, the Act restores the following rights
long struggle by Dunnes Stores workers and union into employment law: prohibition of pay deductions
activists who lobbied on the issue of zero-hour for partial strikes (such as wearing T-shirts instead
contracts for the last four years. Now, as a result of of uniforms as part of low-level industrial action);
this legislation, thousands of workers will be able to obligation for businesses to enter into bargaining
apply to their employer after 12 months seeking a new for multi-employer collective agreements, if asked
contract with secure hours. to join by a union; duty to conclude bargaining for
single-employer collective bargaining; extended
protections against discrimination on the basis of union
membership status, including when intending to be a
union member; right to reinstatement as the first course
of action considered by the Employment Relations
Authority for employees that have been found to have
been unfairly dismissed; right for reasonable paid time
for union delegates to undertake their union activities;
and right of union representatives to enter workplaces
without consent.

The New Zealand Council of Trade Unions (NZCTU)


Workers from the Irish retail chain Dunnes Stores welcomed the progress made on the coalition
protest working conditions, including the company’s
government’s commitment to rebalancing working
use of zero-hour contracts prior to the passing of a
2018 law banning this type of abusive contract. people’s rights.
Credit: NurPhoto/AFP

Page 50 2019 ITUC Global Rights Index


The ITUC Global Rights Index Explained

1. Documenting violations 3. Coding of text

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. 

2. Publication of violations in the ITUC


Survey

Documented information is summarised and


consolidated by ITUC staff in the form of text. This
information is publicly accessible on the website of
the ITUC Survey at survey.ituc-csi.org.

The ITUC Global Rights Index Explained  Page 51


Description of the Ratings

1. Sporadic violations of rights 4. Systematic violations of 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.

Page 52 2019 ITUC Global Rights Index


List of indicators(i)

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

A. Violations in Law General Survey 2012 paras. 59-62


11. Committed against trade union leaders
1. Arrest, detention, imprisonment, charging and fining of trade
Violation of (10) is committed against a union leader
unionists
12. Severity
ILO Compilation of CFA decisions paras. 119-159
Widespread and/or systematic violation of (10)
General Survey 1994 paras. 31-32
13. Arrest, detention, imprisonment, charging and fining of trade
General Survey 2012 paras. 59-62
unionists
2. Violation of the right to freedom of expression and of the rights
ILO Compilation of CFA decisions paras. 119-159
of assembly and demonstration
General Survey 1994 paras. 31-32
ILO Compilation of CFA decisions paras. 202-232; 233-268
General Survey 2012 paras 59-62
General Survey 1994 paras. 35-39
14. Committed against trade union leaders
General Survey 2012 paras. 59-62
Violation of (13) is committed against a union leader
3. Lack of guarantee of due process of law
15. Severity
ILO Compilation of CFA decisions paras. 160-189
Widespread and/or systematic violation of (13)
General Survey 1994 paras. 29-32
16. Restriction to the right to freedom of movement
General Survey 2012 paras. 60-62
ILO Compilation of CFA decisions paras. 190-201
General Survey 1994) para. 34
General Survey 2012 paras 59-62
B. Violations in Practice
17. Committed against trade union leaders
4. Murder or enforced disappearance of trade unionists
Violation of (16) is committed against a union leader
ILO Compilation of CFA decisions paras. 81-118
18. Severity
General Survey 1994 paras. 28-30
Widespread and/or systematic violation of (16)
General Survey 2012 paras. 59-62
19. Infringement of the right to freedom of expression and/or the
5. Committed against trade union leaders
right to freedom of assembly and demonstration
Violation of (4) is committed against a union leader
ILO Compilation of CFA decisions paras. 233-268; 202-232
6. Severity
General Survey 1994 paras. 35-39
Widespread and/or systematic violation of (4)
General Survey 2012 paras. 59-62
7. Other types of physical violence
20. Committed against trade union leaders
ILO Compilation of CFA decisions paras. 67-118; 275-298
Violation of (19) is committed against a union leader
General Survey 1994 paras. 28-30, 33; 35-39
21. Severity
General Survey 2012 paras. 59-62
Widespread and/or systematic violation of (19)
8. Committed against trade union leaders
22. Lack of guarantee of due process of law
Violation of (7) is committed against a union leader
ILO Compilation of CFA decisions paras. 160-189
9. Severity
General Survey 1994 paras. 29, 31-32
Widespread and/or systematic violation of (7)
General Survey 2012 paras. 59-62
10. Threats, intimidation and harassment
ILO Compilation of CFA decisions paras. 67-118
General Survey 1994 paras. 28-30, 33

List of indicators  Page 53


II. Right to establish or join unions

A. Violations in Law B. Violations in Practice


23. Exclusion from the right to establish and join unions 35. Serious obstacle to exercise the right to establish and join
ILO Compilation of CFA decisions paras. 315-418 trade unions
General Survey 1994 paras. 45-67 The vast majority of the population is excluded from this right
24. Restrictions on the freedom of choice of union structure and in practice
composition General Survey 1994 paras. 12, 93
ILO Compilation of CFA decisions paras. 472-513; 546-560 General Survey 2012 para. 51
General Survey 1994 paras. 79-90 36. Exclusion from the right to establish and join trade unions
25. Conditions for union registration ILO Compilation of CFA decisions paras. 315-418
ILO Compilation of CFA decisions paras. 427-444 General Survey 1994 paras. 45-67
General Survey 1994 paras. 68-70 37. Restrictions on the freedom of choice of union structure and
General Survey 2012 paras. 82-87; 89-90 composition
26. Union registration ILO Compilation of CFA decisions paras. 472-513; 546-560
ILO Compilation of CFA decisions paras. 419-426; 448-471 General Survey 1994 paras. 79-90
General Survey 1994 paras. 68-70 38. Conditions for union registration
General Survey 2012 paras. 82-87; 89-90 ILO Compilation of CFA decisions paras. 427-444
27. Union monopoly General Survey 1994 paras. 68-70
ILO Compilation of CFA decisions paras. 475-501 General Survey 2012 paras. 82-87; 89-90
General Survey 1994 para. 91 39. Union registration
28. Favouritism/discrimination between unions ILO Compilation of CFA decisions paras. 419-426; 448-471
ILO Compilation of CFA decisions paras. 514-524; 1187-1230 General Survey 1994 paras. 68-70
General Survey 1994 para. 104; 225-234 General Survey 2012 paras. 82-87; 89-90
General Survey 2012 para. 166-167; 173-175; 194-197 40. Union monopoly
29. Dissolution/suspension of legally functioning union ILO Compilation of CFA decisions paras. 475-501
ILO Compilation of CFA decisions paras. 979-1013 General Survey 1994 para. 91
General Survey 1994 paras. 180-188 41. Favouritism/discrimination between unions
General Survey 2012 para. 162 ILO Compilation of CFA decisions paras. 514-524; 1187-1230
30. Dismissal and suspension of trade unionists allowed under General Survey 1994 para. 104; 225-234
the legislation General Survey 2012 paras 166-167; 173-175; 194-197
ILO Compilation of CFA decisions paras. 1072-1185 42. Dissolution/suspension of legally functioning union
General Survey 1994 paras. 199-210, 213 ILO Compilation of CFA decisions paras. 979-1013
31. Other anti-union discrimination measures allowed under the General Survey 1994 paras. 180-188
legislation General Survey 2012 para. 162
ILO Compilation of CFA decisions paras. 1072-1185 43. Dismissal and suspension of trade unionists
General Survey 1994 paras. 199-212 ILO Compilation of CFA decisions paras. 1072-1185
32. Lack of effective legal guarantees against anti-union discrim- General Survey 1994 paras. 199-210, 213
inatory measures 44. Other anti-union discrimination measures
ILO Compilation of CFA decisions paras. 1134-1162 ILO Compilation of CFA decisions paras. 1072-1185
General Survey 1994 paras. 214-224 General Survey 1994 paras. 199-212
General Survey 2012 paras 166-167; 173-193 45. Committed against trade union leaders
33. Right to establish and join federations and confederations and Violation (44) and/or (45) is committed against a trade union leader
to affiliate with international organizations of workers 46. Severity
ILO Compilation of CFA decisions paras. 1014-1071 Widespread and/or systematic violation of (44) and/or (45)
General Survey 1994 paras. 189-198 47. Lack of effective legal guarantees against anti-union discrim-
General Survey 2012 para. 163 inatory measures
34. Lack of guarantee of due process of law ILO Compilation of CFA decisions paras. 1134-1162
Lack of due process regarding violations (23)-(34) General Survey 1994 paras. 214-224
General Survey 2012 paras 166-167; 173-193

Page 54 2019 ITUC Global Rights Index


48. Infringement of the right to establish and join federations and General Survey 1994 paras. 189-198
confederations and to affiliate with international organizations General Survey 2012 para. 163
of workers 49. Lack of guarantee of due process of law
ILO Compilation of CFA decisions paras. 1014-1071 Lack of due process regarding violations (35)-(48)

III. Trade union activities

A. Violations in Law B. Violations in Practice


50. Exclusion from the right to carry out union activities 56. Exclusion from the right to carry out union activities
ILO Compilation of CFA decisions paras. 315-418 ILO Compilation of CFA decisions paras. 315-418
General Survey 1994 paras. 45-67 General Survey 1994 paras. 45-67
51. Infringements of the right to freely determine the conditions 57. Infringements of the right to freely determine the conditions
of eligibility for representative of eligibility for representative
ILO Compilation of CFA decisions paras. 606-631 ILO Compilation of CFA decisions paras. 606-631
General Survey 1994 paras. 116-121 General Survey 1994 paras. 116-121
General Survey 2012 paras. 101-107 General Survey 2012 paras. 101-107
52. Interference in electoral process 58. Interference in electoral process
ILO Compilation of CFA decisions paras. 585-605; 632-665) ILO Compilation of CFA decisions paras. 585-605; 632-665)
General Survey 1994 paras. 112-115 General Survey 1994 paras. 112-115
General Survey 2012 paras. 101-107 General Survey 2012 paras. 101-107
53. Infringement of the right to administer freely a union (including 59. Infringement of the right to administer freely a union (including
the right to draw up freely constitutions and internal rules, and the right to draw up freely constitutions and internal rules, and
the right to control financial administration) the right to control financial administration)
ILO Compilation of CFA decisions paras. 666-715 ILO Compilation of CFA decisions paras. 666-715
General Survey 1994 paras. 108, 109-112, 124-127 General Survey 1994 paras. 108, 109-112, 124-127
General Survey 2012 paras. 100,112-114 General Survey 2012 paras. 100,112-114
54. Infringement of the right to freely organize activities and to 60. Infringement of the right to freely organize activities and to
formulate programmes formulate programmes
ILO Compilation of CFA decisions paras. 716-750 ILO Compilation of CFA decisions paras. 716-750
General Survey 1994 paras. 108, 109-112, 124-127 General Survey 1994 paras. 108, 109-112, 124-127
General Survey 2012 paras. 100,112-114 General Survey 2012 paras. 100,112-114
55. Lack of guarantee of due process of law 61. Lack of guarantee of due process of law
Lack of due process regarding violations (50)-(54) Lack of due process regarding violations (56)-(60)

List of indicators  Page 55


IV. Right to collective bargaining

A. Violations in Law B. Violations in Practice


62. Exclusion from the right to collective bargaining 69. Serious obstacle to exercise the right to collective bargaining
ILO Compilation of CFA decisions paras. 1239-1288 The vast majority of the population is excluded from this right
General Survey 1994 paras. 261-264 in practice.
General Survey 2012 paras. 168; 209 70. Exclusion from the right to collective bargaining
63. Exclusion/restriction of subjects covered by collective bar- ILO Compilation of CFA decisions paras. 1239-1288
gaining General Survey 1994 paras. 261-264
ILO Compilation of CFA decisions paras. 1289-1312 General Survey 2012 paras. 168; 209
General Survey 1994 para. 250 71. Exclusion/restriction of subjects covered by collective bar-
64. Compulsory arbitration imposed on collective bargaining gaining
ILO Compilation of CFA decisions paras. 1415-1419 ILO Compilation of CFA decisions paras. 1289-1312
General Survey 1994 paras. 254-259 General Survey 1994 para. 250
General Survey 2012 paras. 246-250 72. Compulsory arbitration imposed on collective bargaining
65. Excessive requirements for the determination and/or recog- ILO Compilation of CFA decisions paras. 1415-1419
nition of trade unions entitled to collectively bargain General Survey 1994 paras. 254-259
ILO Compilation of CFA decisions paras. 1342-1403 General Survey 2012 paras. 246-250
General Survey 1994 paras. 238-243 73. Excessive requirements for the determination and/or recog-
General Survey 2012 paras. 224-240 nition of trade unions entitled to collectively bargain
66. Undermining and/or insufficient promotion of collective bar- ILO Compilation of CFA decisions paras. 1342-1403
gaining (including interference in collective bargaining process) General Survey 1994 paras. 238-243
ILO Compilation of CFA decisions paras. 1231-1288; 1313-1321; General Survey 2012 paras. 224-240
1327-1341; 1322-1326; 1397-1403; 1404-1412; 1420-1470; 1501; 1510- 74. Undermining and/or insufficient promotion of collective bar-
1513; 1514 gaining (including interference in collective bargaining process)
General Survey 1994 paras. 244-249 ILO Compilation of CFA decisions paras. 1231-1288; 1313-1321;
General Survey 2012 paras. 116-167; 198-200; 208; 214; 222-223 1327-1341; 1322-1326; 1397-1403; 1404-1412; 1420-1470; 1501; 1510-
67. Violation of concluded collective agreements 1513; 1514
ILO Compilation of CFA decisions paras. 1313-1321; 1327-1341 General Survey 1994 paras. 244-249
General Survey 1994 paras. 251-253 General Survey 2012 paras. 116-167; 198-200; 208; 214; 222-223
General Survey 2012 paras. 201-207 75. Violation of concluded collective agreements
68. Lack of guarantee of due process of law ILO Compilation of CFA decisions paras. 1313-1321; 1327-1341
Lack of due process regarding violations (62)-(67) General Survey 1994 paras. 251-253
General Survey 2012 paras. 201-207
76. Lack of guarantee of due process of law
Lack of due process regarding violations (69)-(75)

(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)

Page 56 2019 ITUC Global Rights Index


V. Right to strike

A. Violations in Law B. Violations in Practice


77. Exclusion from the right to strike (including overly broad defi- 85. Serious obstacle to exercise the right in practice
nition of essential services) Vast majority of population is excluded from this right in practice.
ILO Compilation of CFA decisions paras. 751-757; 864-906 86. Exclusion from the right to strike (including overly broad defi-
General Survey 1994 paras. 161-162; 169 nition of essential services)
General Survey 2012 paras. 132-134; 136-139; 143 ILO Compilation of CFA decisions paras. 751-757; 864-906
78. Exclusion/restriction based on the objective and type of the General Survey 1994 paras. 161-162; 169
strike General Survey 2012 paras. 132-134; 136-139; 143
ILO Compilation of CFA decisions paras. 758-786 87. Exclusion/restriction based on the objective and type of the
General Survey 1994 paras. 165-168, 173 strike
General Survey 2012 paras. 124-126, 142 ILO Compilation of CFA decisions paras. 758-786
79. Excessive prerequisites for exercising the right to strike General Survey 1994 paras. 165-168, 173
ILO Compilation of CFA decisions paras. 789-814 General Survey 2012 paras. 124-126, 142
General Survey 1994 paras. 170-172 88. Excessive prerequisites for exercising the right to strike
General Survey 2012 paras. 144-148 ILO Compilation of CFA decisions paras. 789-814
80. Compulsory arbitration imposed on strike action General Survey 1994 paras. 170-172
ILO Compilation of CFA decisions paras. 816-823 General Survey 2012 paras. 144-148
General Survey 1994 para. 153 89. Compulsory arbitration imposed on strike action
General Survey 2012 paras. 153-156 ILO Compilation of CFA decisions paras. 816-823
81. Absence or inadequacy of compensatory guarantees for lawful General Survey 1994 para. 153
restrictions on the right to strike General Survey 2012 paras. 153-156
ILO Compilation of CFA decisions paras. 824-852 90. Absence or inadequacy of compensatory guarantees for
General Survey 1994 paras. 164 lawful restrictions on the right to strike
General Survey 2012 paras. 141 ILO Compilation of CFA decisions paras. 824-852
82. Interference of employers and/or authorities during strike General Survey 1994 paras. 164
action (including suspension and/or declaration of illegality of General Survey 2012 paras. 141
strikes by administrative authorities) 91. Interference of employers and/or authorities during strike
ILO Compilation of CFA decisions paras. 914-916; 917-926; 927- action (including suspension and/or declaration of illegality of
929; 930-935; 977-978 strikes by administrative authorities)
General Survey 1994 paras. 163; 174-175 ILO Compilation of CFA decisions paras. 914-916; 917-926; 927-
General Survey 2012 paras. 149-152; 157 929; 930-935; 977-978
83. Sanctions for the legitimate exercise of the right to strike General Survey 1994 paras. 163; 174-175
ILO Compilation of CFA decisions paras. 951-975; 976 General Survey 2012 paras. 149-152; 157
General Survey 1994 paras. 176-178 92. Committed against trade union leaders
General Survey 2012 paras. 157-160 Violation (91) is committed against a trade union leader
84. Lack of guarantee of due process of law 93. Severity
Lack of due process regarding violations (77)-(83) Widespread and/or systematic violation of (91)
94. Sanctions for the legitimate exercise of the right to strike
ILO Compilation of CFA decisions paras. 951-975; 976
General Survey 1994 paras. 176-178
General Survey 2012 paras. 157-160
95. Committed against trade union leaders
Violation (94) is committed against a trade union leader
96. Severity
Widespread and/or systematic violation of (94)
97. Lack of guarantee of due process of law
Lack of due process regarding violations (85)-(96)

List of indicators  Page 57


2019 ITUC GLOBAL RIGHTS INDEX
Ten worst countries in the world for working people
Algeria Bangladesh Brazil NEW
» State repression
» Violence » Violence
» Arrest and criminal prosecution
» Mass dismissals » Murder
of union leaders
» Arrest of union leaders » Collective bargaining undermined
» Severe obstacles to union registration

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

The Philippines Saudi Arabia Turkey


» Violence and murder » Abuse of migrant workers » Murder
» Brutal repression of public protests and forced labour » Crackdown on strikes
» Repressive laws » State repression » Mass dismissals and discrimination

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

3.79 MIDDLE EAST


AND
NORTH AFRICA
AFRICA

5+ No guarantee of rights due to


the breakdown of the law
5 No guarantee of rights
4 Systematic violations of rights
3 Regular violations of rights
2 Repeated violations of rights
1 Sporadic violations of rights
No data
www.ituc-csi.org #rightsindex .
2019 ITUC GLOBAL RIGHTS INDEX
Violations of Workers’ Rights
The number of countries which exclude

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.

Countries where workers were


64

Workers had no or restricted access Authorities impeded the registration


arrested and detained increased 72% to justice in 72% of countries. 59% of unions in 59% of countries.
from 59 in 2018 to 64 in 2019.
59

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

3.79 MIDDLE EAST


AND
NORTH AFRICA
AFRICA

5+ No guarantee of rights due to


the breakdown of the law
5 No guarantee of rights
4 Systematic violations of rights
3 Regular violations of rights
2 Repeated violations of rights
1 Sporadic violations of rights
No data
www.ituc-csi.org #rightsindex .
About the ITUC
The International Trade Union Confederation (ITUC) is a confederation of national trade union centres, each of which
links trade unions of that particular country. It has 331 affiliated organisation in 163 countries and territories on all five
continents, with a membership of 207 million, 40 per cent of whom are women. It is also a partner in “Global Unions”
together with the Trade Union Advisory Committee to the OECD and the Global Union Federations (GUFs), which link
together national unions from a particular trade or industry at international level. The ITUC has specialised offices in a
number of countries around the world, and has General Consultative Status with the Economic and Social Council of the
United Nations.
ITUC International Trade Union Confederation
5 Bd Roi Albert II, Bte 1 – B-1210 Brussels, Belgium
Tel.: +32 2 224 02 11 — info@ituc-csi.org — www.ituc-csi.org

Publisher Responsible in Law: Sharan Burrow, General Secretary

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