Dear Friends and Allies,
Please show your support for the Migrants Trade Union and the right of
migrant workers in South Korea to form and join trade unions. Send a letter to
the South Korean Supreme Court and government telling them to recognize
MTU!!
The Seoul-Gyeonggi-Incheon Migrants Trade Union (MTU), an affiliated of the
Korean Confederation of Trade unions, was formed in 2005 as a union for and by
migrant workers regardless of visa status. We seek to improve working
conditions, stop the crackdown against undocumented migrant workers and win
migrant workers’ human and labor rights.
Since we were found the government of South Korea has sought to stop our
activities, refusing to acknowledge our legal union status and targeting our
leadership for arrest and deportation. This repression has grown even stronger
in recent 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 May 15th. The Ministry of Justice carried out the deportation
despite the fact that the National Human Rights Commission had made a decision
calling for a stay of deportation until its investigation into human rights
violations during the arrests into was complete.
This heighten repression comes right as the Supreme Court decision that will
decide on MTU’s legal union status draws near. The Ministry of Labor and
South Korean government have been refusing to grant MTU legal union status
based on the assertion that undocumented migrant workers do not have the right
to freedom of association under Korean law. MTU has since been fighting to gain
recognition. On February 1, 2007, the Seoul High Court, overturning a pervious
decision, ruled in favor of MTU’s legal union status, stating clearly
that undocumented migrant workers are recognized as workers under the South
Korean 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 ruling to the Supreme Court
where a decision is expected wit! hin 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). While South Korea has not ratified Convention No. 87, it is
bound to uphold the rights protected in it as a member of the ILO under the
Declaration on Fundamental Principles and Rights at Work (1998).
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 organizations 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 Supreme Court. Please also send a
copy to the Ministry of Labor and Ministry of Justice. All letters will be
announced at an upcoming press conference.
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.
Please send a copy of your statement to the KCTU at inter@kctu.org, and MTU at MTUintl@jinbo.net
Sample Protest Letter
Supreme Court, Republic of Korea
Teukbyul 3bu
219 Seocho-ro, Seocho-gu
Seoul 137-750
Republic of Korea
Fax: 02-2-533-2824
Ministry of Labor
427-718 Government Complex II,
Jungang-dong1, Gwacheon-si, Gyeonggi-do,
Republic of Korea
Fax: 82-2-3679-6581
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
Regarding Supreme Court Case No. 2007du 4995
To the Honorable South Korean Supreme Court
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 to acknowledge MTU’s legal union status
because its founders are undocumented migrant workers. However, as was shown in
the Seoul High Court ruling of February 1, 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,
which South Korea is bound t! o uphold as a member of the ILO, 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 must stress once more
that migrant workers, regardless of their visa status, have the right to form
trade unions and that MTU must therefore be legally recognized.
We therefore, call on the Supreme Court to uphold the law and rule in favor of
MTU’s legal union status.
Sincerely,
Representative’s Name,
Organization
