The South Korean government’s repression against the KCTU-affiliated Seoul-Gyeonggi Incheon Migrants Trade Union has stepped up in the last several months. MTU’s second president, vice president and general secretary were arrested in a targeted crackdown and deported at the end of last year. And again, on May 2nd MTU’s third president and vice president were arrested by immigration officers who had been waiting in hiding for them and then deported on March 15th. The deportation was carried out despite the fact that the National Human Rights Commission had made a decision calling for a stay of deportation until its investigation into the arrests was complete. This and many other rights violations occurred in the process of detention and deportation such as violations of the right to fair trial, the right to legal assistance and the right to security of person. (Please see attachment for full summary of violations.)
This heighten repression comes right as the Supreme Court decision that will decide on MTU’s legal union status draws near. Since MTU was founded, the Ministry of Labor and South Korean government have been refusing to grant MTU legal union status based on the assertion that the right to freedom of association is not protected for undocumented migrant workers under South Korean law. MTU has sense been fighting to gain recognition. On 1 February 2007, the Seoul High Court, overturning the pervious decision of an administrative court, ruled in favor of MTU’s legal union status, stating clearly that undocumented migrant workers are recognized as workers under the Constitution and the Trade Union Law, and therefore the subjects of legally protected basic labor rights, including the right to freedom of association. The Ministry of Labor appealed this decision to the Supreme Court where a decision is expected within this year, as early as next month.
International human rights conventions which South Korea has signed, and which it is bound to respect under its own Constitution, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) all protect the rights of workers regardless of social status to freedom of association. In particular, the CERD General Recommendation No. 30(2004) states that “guarantees against racial discrimination apply to non-citizens regardless of their immigration status” and that “all individuals are entitled to the enjoyment of labor and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.” In addition, ILO Convention No. 87 protects the right to freedom of association for all workers, “without distinction whatsoever” and has been shown to apply to undocumented migrant workers through Committee on Freedom of Association recommendations (UGT, 2001 and AFL-CIO/CTM, 2002).
Despite this basis in domestic and national law, the Ministry of Labor is still refusing to acknowledge MTU’s legal union status. The new conservative president Lee Myeong-bak has also stated he will not tolerate MTU. MTU’s needs the support of unions around the world to assure it will gain the legal recognition it deserves!
We are asking that your organization issue a statement supporting MTU’s legal union status and send it by fax to the Ministry of Labor and Ministry of Justice.
A sample statement is included below. However, we welcome self-written statements reflecting the opinion of your organization as these send and even more powerful message. Statements will be announced at an upcoming press conference in June.
Please send a copy of your statement to the KCTU at inter@kctu.org, and MTU at MTUintl@jinbo.net
Sample Protest Letter
Ministry of Justice, Republic of Korea
Building 1, Gwacheon Government Complex,
Jungang-dong 1, Gwacheon-si, Gyeonggi-do
Republic of Korea
Fax: 82-2-2110-3079
Ministry of Labor
427-718 Government Complex II,
Jungang-dong1, Gwacheon-si, Gyeonggi-do,
Republic of Korea
Fax: 82-2-3679-6581
We call on the South Korean Ministry of Labor, Ministry of Justice and Lee Myeong-bak administration to recognize the legal union status of the Migrants Trade Union and stop its repression against migrant workers.
The Seoul-Gyeonggi-Incheon Migrants Trade Union has been fighting for the rights of migrant workers and carrying out legitimate union activities since it was founded in 2005. The South Korean Ministry of Labor and Lee Myeong-bak administration are refusing MTU’s legal union status because its founders are undocumented migrant workers. However, as was shown in the Seoul High Court decision of 1 February 2007, the South Korean Constitution and the Trade Union Law protect the right to freedom of association of all those who enter into employment relations as workers, including undocumented migrant workers.
International Law to which South Korea is party including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the International Convention on Civil and Political Rights (ICCPR) and the International Convention on Economic, Social and Cultural Rights (ICESCR) all protect the rights of workers regardless of social status to freedom of association. In particular, the CERD General Recommendation No. 30(2004) states that “guarantees against racial discrimination apply to non-citizens regardless of their immigration status” and that “all individuals are entitled to the enjoyment of labor and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.” In addition, ILO Convention No. 87 protects the right to freedom of association for all workers, “without distinction whatsoever” and has been shown to apply to undocumented migrant workers through CFA recommendations (UGT, 2001 and AFL-CIO/CTM, 2002).
We are gravely concerned that the South Korean government is ignoring these international conventions and its own domestic law. We are also concerned that the Immigration Authorities, under the auspices of the Ministry of Justice, have been carrying out a targeted crackdown against MTU’s leaders. This is an abuse of national power and act of labor repression!
We demand of the Lee Myeong-bak administration, the Ministry of Labor, the Ministry of Justice and the Immigration Authorities:
- Stop the targeted crackdown and repression against MTU!
- In accordance with domestic and international law, recognize MTU’s legal union status!
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