DailyMirror
Sri Lanka runs the risk of losing US trade concessions if it fails to implement a ten point plan jointly submitted by FTZ Workers and an America Labour Organization to the US State Department, a source said.
The ten point plan was jointly submitted by the Free Trade Zone Workers Union (FTZWU) and the America Free Labour Council of Industrial Organization (AFL-CIO) to the US State Department and the public hearing was held last Tuesday, a party to the public hearing said.
However, Labour Minister Gamini Lokuge without elaborating told Daily Mirror yesterday that the mission of the 7 member government delegation to the September 28 public hearing in Washington was highly successful.
President of the FTZWU, Anton Marcus on whose complaint through the AFL-CIO the State Department initiated an investigation on Sri Lanka said a ten point working programme submitted by the two trade unions was accepted by the State Department.
“The next course of action to improve labour relations and prevent violation of labour laws will be based on this programme.
The state Department will prepare a tripartite road map involving the three main stake holders the government, employers and trade unions,” Mr. Marcus, who represented the employees and gave a testimony before the State Department public hearing said.
The ten point working programme includes introducing amendments to the Labour Disputes Act No 56 of 1999 to strengthen labour rights, transfer power to act on unfair labour practices from the labour commissioner to trade unions, increase the maximum fine of Rs. 20,000 imposed on employers on violation of labour laws, withdraw the power vested with the labour minister to arbitrarily terminate labour disputes and to terminate labour disputes only through an employee – employer dialogue and compromise by both parties, prevent declaration of services as ‘Essential Services’ by the government when there was trade union action by employees in the said services, deal with trade union actions on the provisions of the ILO, create a new mechanism to resolve labour disputes in the state sector and refrain from weakening trade unions.
Mr. Marcus said the government delegation accepted that there were weaker areas in the labour sector and pledged to take steps to strengthen them.
Mr. Marcus in a positive note said “It is going to be a tripartite response by the government, employers and trade unions to the US probe. I don’t think there will be a negative action from the US to the issue as the response from all stakeholders has been positive,” Mr. Marcus emphasized.
“Our efforts are not aimed at preventing the GSP concessions to Sri Lanka but to ensure it by pressurizing the government to adhere to the accepted labour laws in the country and the ILO. It is imperative that Sri Lanka strengthens weaker areas of the labour law making it easier for the US and Europe to help Sri Lanka in a more vigorous manner,” Mr. Marcus stressed.
The US State Department public hearing on alleged labour rights violations of Sri Lanka was held in Washington last Tuesday (28) to record statements from the Sri Lankan government representatives and Trade Unions. The two parties were given half an hour each to present their cases.
The government team comprised Gomis Senadheera, Director General of Commerce, Gothami Indikadahewa, Deputy Director of Commerce, Varuni Muthukumarana, Acting DG, Ministry of External Affairs, Poshitha Perera, Assistant Director, External Affairs, R.P.Wimalasena, Senior Legal Advisor of the Labour Ministry, U.S. Athukorala, Senior Assistant Secretary of the Ministry of Labour and Sri Lanka ambassador in the US, Jaliya Wickramasuriya.
The FTZWU was represented by Mr. Marcus and AFL-CIO by Mr. Jeff Pott, Mr. Marcus said.
The State Department had initiated action against Sri Lanka following a petition by the AFL-CIO after the FTZWU lodged a complaint with the AFL-CIO. The matter had serious implications since it could put the US GSP concessions to Sri Lanka in jeopardy. A three member US trade representative delegation visited Sri Lanka in August on a fact finding mission to collect information on Sri Lanka’s alleged labour rights violations and submitted a report to the State Department. The US team discussed the issue with officials of the Labour, Trade and Commerce, Foreign Affairs and the FTZWU.
Mr. Marcus said the complaint dealt with the serious and deliberate violation of labour rights by the government with a special mention on the blockade for collective bargaining and right to association within the Free Trade Zone in particular.
The complaint has reportedly highlighted the collapsed trade union action by teachers and port employees after the Supreme Court dismissed the FR petitions filed by them.