Appendix IV - 3GC/E/5. Report of the ITUC/ITUC-AP Mission to Sri Lanka NTUF Application for ITUC Affiliation

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1 Appendix IV - 3GC/E/5 Report of the ITUC/ITUC-AP Mission to Sri Lanka NTUF Application for ITUC Affiliation 1. At its 2 nd meeting, in June 2007, the General Council discussed the request for affiliation submitted in April 2007 by the National Trade Union Federation (NTUF) based in Colombo, Sri Lanka, and decided to send a mission to Sri Lanka. The purpose of the mission was to supplement the existing information, consult the ITUC s existing affiliates and others and prepare recommendations for the next General Council meeting in December Accordingly, an ITUC/ITUC-AP Mission comprising Jaap Wienen, Deputy General Secretary of the ITUC, Noriyuki Suzuki, General Secretary of ITUC-Asia Pacific, and P. Haridasan, Divisional Director of the ITUC-AP Workers Rights Department, visited Sri Lanka from 1-3 October The mission held meetings with the two ITUC affiliates, the CWC and NWC, the ILO, the Government of Sri Lanka, and trade union Solidarity Support Organisations, as well as with leaders and members of the NTUF. It also held meetings with two other leading trade union organisations, the SLNSS and the CMU. Views of the ITUC Affiliates 3. The mission received contradictory views from the two affiliates in the country. The Ceylon Workers Congress (CWC) expressed grave reservations concerning the authenticity of the NTUF, while the National Workers Congress (NWC) supported its affiliation to the ITUC. 4. The CWC raised the following objections to the NTUF s application for affiliation: The authenticity of the NTUF as a national centre is highly suspect and it has merely been posturing as a genuine trade union national centre; The NTUF is an appendage of the opposition United National Party (UNP); the decisions of the UNP-based trade unions, including their officials, are determined by the UNP leadership; previously ministers and leaders of UNP have held leadership positions in the NTUF s affiliated organisations; When the UNP was in power the affiliates of the NTUF did not protest against cases of violation of trade union rights or engage in industrial action; The CWC believes that no general meeting was ever held to elect the leaders of the NTUF; The top positions of President and General Secretary are held by officials of the LJEWU; The membership claims of the NTUF are highly inflated. The actual membership of its affiliates is much lower than it claims; Representation in the tripartite National Labour Advisory Council and inclusion in the ILO delegations are reserved for the NTUF affiliates LJEWU and JSS (and not for the NTUF as such); The NTUF s affiliation to the ITUC would in no way lead to the unification of the trade union movement in the country, which is based on political party lines and ideology.

2 - 2 - Appendix IV - 3GC/E/5 5. The NWC was rather positive towards the NTUF s application. The NWC did mention the political connections of the NTUF, but noted that the trade union movement in the country was highly politicised and only a few organisations like the NWC had no political party links. The CWC itself was registered as a political party, besides being a trade union organisation. The NWC raised no reservations as to the authenticity of the NTUF as a national trade union centre. The NWC was working with the NTUF in various forums and would have no problem in future if it was granted affiliation by the ITUC. Meetings with non-affiliated organisations 6. The mission held meetings with two major trade union organisations with international affiliations the Sri Lanka Nidhahas Sewaka Sangamaya (SLNSS) and the Ceylon Mercantile, Industrial & General Workers Union (CMU). 7. The SLNSS, whose members are in the textile, garment and plantation sectors, the private sector, transport and the informal economy, stated that though in the beginning there was some interference from the SLFP (current ruling party), it was now working entirely independently and the leadership was elected by the membership. The organisation had a membership of 78,000. It regularly signed CBAs and had regular educational activities. It was affiliated to the ITF, the IMF and ITGLWF. 8. The SLNSS appeared to welcome the affiliation of the NTUF to the ITUC, and expressed its own desire to seek affiliation. Though it is technically affiliated to the WFTU, it said it had severed links with it several years ago and stated its intention to disaffiliate. 9. The CMU, on the other hand, was critical of the NTUF, and indeed of other leading organisations, for their alleged political connections. The CMU claimed to be the only major independent trade union organisation. Nevertheless, the CMU acknowledged that it had less than 10,000 members. It was affiliated to the ITGLWF, the ITF, the BWI, UNI, ICEM and the IUF. The CMU wanted to be included in coordination and other activities of the ITUC in Sri Lanka. 10. The mission examined the objections raised in the meetings concerning the three main criteria set by the ITUC for affiliates, i.e. that they be independent, democratic and representative organisations, and received extensive written and oral information from the NTUF leadership and its affiliates. Accordingly, the mission would like to focus on the following important points. Links with Political Parties 11. The NTUF reiterated that it was not affiliated or linked to any political party. Some of the leaders were members of one political party in an individual capacity. They did seek party nominations and contest elections to the Parliament and Provincial Councils. The President of the NTUF, Mr. Veleyudam, was a Member of Parliament for the UNP and was a member of the Provincial Council. The same applied to some others, but the NTUF as such was independent of any political party. 12. The NTUF and its affiliated organisations have vehemently protested and launched industrial action against government policies and programmes detrimental to workers

3 - 3 - Appendix IV - 3GC/E/5 interests, even when the UNP was in power. The UNP did not control or influence the decisions of the NTUF. The policies and programmes of the organisation were determined by its statutory bodies. The officials of the organisation were elected by the Delegates Conference which met once every four years. NTUF Membership 13. The organisation declared a membership of 218,000 in its application, while claiming a membership of 434,600. According to the Labour Ministry, the NTUF has a membership of 556,276. This discrepancy was explained by the fact that: the labour law prevents public sector unions from affiliating with federations. Hence the two public sector unions JASS and PSNTUF - are only associate members. Moreover the payment of affiliation fees was not yet based on full membership. Union membership was declining across the country owing to the anti-labour policies of the Government. The NTUF leadership intend to review upwards the declared membership figures in the near future. 14. The NTUF had members in plantations, transport (road, port and docks, air and motor transport and rail), hotels and catering, local government structures and corporations, petroleum, power, manufacturing and services, and the clerical and health sectors. The organisation had already made some initial moves aimed at penetrating the informal (and unorganised) economy in the North. NTUF Structure 15. The NTUF was founded on 20 October 2004 with five constituent unions: Lanka Jathika Estate Workers Union (LJEWU), Jathika Sevaka Sangamaya (JSS), National Estate Staff Union (NESU), Jathika Addyapana Sevaka Sangamaya (JASS) and Public Service National Trade Union Federation (PSNTUF). The mission was informed that unions representing seafarers and workers in EPZs had also enquired about possible affiliation. Statutory bodies include the Delegates Conference, a General Council and a Management Committee. The Federation would shortly establish nine regional structures. 16. The Constitution of the organisation provides for the independent democratic functioning of the organisation. NTUF leaders said that the constitutional provisions have been the guiding principles for establishing the structures, leadership, policies and programmes of the organisation. 17. The NTUF is represented in various national bodies either in its own capacity or through its affiliated organisations. In some cases the NTUF was not keen on changing the existing arrangements into direct representation for the Federation, since that would reduce the overall number of NTUF representatives in some bodies. 18. The Labour Ministry recognises the NTUF as a national centre and said that the NTUF could be directly represented in the tripartite National Labour Advisory Council (NLAC), should it choose that option. The same applied to the composition of the delegation to the ILO Conference. 19. The NTUF has a range of activities. Most of its educational activities are undertaken using the premises and personnel of its affiliated organisations. Nevertheless,

4 - 4 - Appendix IV - 3GC/E/5 it plans to have more activities under its own aegis. The NTUF has several programmes with the ILO, and development cooperation assistance programmes with various SSOs, notably the ACILS and the FES. 20. The Head Office of the NTUF is located in the LJEWU building. Officials of the Federation are paid by their respective unions. There are only two full-time paid officials of the NTUF. Others are working either in an honorary capacity or on loan from member unions. 21. The affiliation fees payable to the Federation are at the rate of 6 SLRs per member per annum. The balance sheet of the NTUF for the year ending 31 March 2007 shows an income of Rs. 1,261,440 of which the membership fees contribution is Rs. 511,000. Development cooperation assistance accounts for the remaining funds. Understandably, the bulk of contributions is from the two main affiliates the LJEWU and the JSS. 22. It is clear that income from membership is not substantial, and that the Federation is heavily dependent on financial and other support from its major affiliates. Federation leaders said that they were taking all possible steps to improve the finances of the organisation and hoped to establish a strong financial structure. It was also pointed out that given current inflation and decline in real income, it was quite difficult to collect membership fees from members. 23. However, the Federation leaders were confident that the current situation poses no threat to the financial viability of the organisation or to the planned expansion and sustainability of its structure and activities. Collective bargaining 24. Collective bargaining is mainly at the sectoral level. The affiliates of the NTUF, mainly the LJEWU and the JSS, have also signed collective bargaining agreements at the national and enterprise levels. The JSS claimed to have signed sixteen agreements recently. The LJEWU, along with others, is a signatory of all collective agreements in the plantation sector. Implications national and international 25. The mission gave consideration to the implications of the NTUF s application in the light of the requirements of the ITUC Constitution that affiliates be independent, democratic and representative and the views of existing affiliates, the CWC and the NWC. While the CWC persisted with its strong objections, the NWC was positive and gave assurances that they would be willing to work together with the NTUF in the event of its affiliation. The CWC was also working with it in various forums. 26. The NTUF is already part of the international free trade union movement through the affiliation of its member organisations to various GUFs: LJEWU to the IUF, NESU to the BWI, JSS to the IMF and ITF and PSNTUF to the PSI. The CWC was working together with them in the PSI.

5 - 5 - Appendix IV - 3GC/E/5 28. Some leaders of the NTUF are members of the opposition political party UNP and the Federation is closely associated with it. However, while going through the printed documents and oral representations no evidence of the party s control or interference in the Federation s organisational activities or leadership was discernible. 29. Against a background of trade union fragmentation in the country, the establishment of the NTUF as a national trade union centre with a presence in most sectors is a welcome step. It is also the most representative organisation of workers in Sri Lanka. Viewed from that standpoint, there is no reason why the NTUF affiliation should not contribute to the unity of the workers movement in the country. 30. There are increasing attacks on workers rights in Sri Lanka. Recent Supreme Court pronouncements on the right to strike have worsened the situation. Trade unions will be able to face these challenges only through united action. There is also an urgent need for international solidarity. The ITUC s presence in Sri Lanka needs to be more representative and to cover all sectors. DGS/JW 9 November 2007

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