10 January 2006
President George W. Bush, Jr.
C/O The US Embassy
Wireless Rd.,
Bangkok , Thailand
RE: Call to stop the Thai-US FTA negotiations
Dear President George W. Bush, Jr.
Regarding the sixth round of Free Trade Agreement negotiations between the US and Thailand which are being held in Chiang Mai Province , Thailand between 9 – 13 January 2006. We, on behalf of the people's organizations representing Thai workers, have been given opportunities to meet with the US Labor Consulate several times and Thai workers representatives were reaffirmed that the negotiations will be based on the condition that Thailand complies with core conventions of the International Labour Organization. These standards include Freedom of Association and Protection of the Right to Organise Convention and Right to Organise and Collective Bargaining Convention (C87 and C98), Forced Labour Convention and Abolition of Forced Labour Convention (C29 and C105), Equal Remuneration Convention and Discrimination (Employment and Occupation) Convention (C100 and C111), and Minimum Age Convention and Worst Forms of Child Labour Convention (C138 and C182).
However, in reality labour law enforcement to protect workers rights in Thailand does not comply with international standards and labour rights violations are a common situation facing Thai workers. We informed the US Labor officials that we have submitted a proposed bill on the Labour Relation Act drafted by trade union representatives, which is congruent with the core ILO Conventions, but the Thai government has never proceeded with our proposal. Also, labour organizations have submitted bills to establish an Independent Occupational Health and Safety Institute, but it is stuck in red tape even though we have repeatedly proposed it to the Thai government since May 1993 following the Kader Factory tragedy. 12 years on and we are still waiting!
In practice the 1975 Labour Relations Act fines and imprisons workers if they do not correctly follow the process of collective bargaining as specified under the law. Conversely, employers simply are not subject to the same standard of punishment when breaking laws, such as illegally dismissing trade union leaders. The Thai government is not willing or is unable to enforce penalties on employers, for example the ongoing case of Centaco workers who were unjustly dismissed in the course of a labour dispute. Also, according to the State Enterprise Labour Relations Act of 2000 the government can punishment and/or fine and imprison workers if they organize a strike. According to the latter Act, ILO experts reported to its 93rd General Congress in Geneva in 2005 that this violates ILO Convention No. 1051. Another example of restrictions on basic labour rights is the case of ITV workers who were dismissed in 2001 after they exercised their right to organize a trade union.
The unionization rate in the private sector in Thailand is only approximately 3 per cent of the total workforce in the industrial sector. Thai workers are discriminated against since private sector workers and state enterprises workers cannot form a national level general union. This means that both state enterprises and private sector workers are unable to jointly organize as a labour federation and a national center under the current law. We regard this as a labour rights violation. Before the military dictatorship period in 1991, labour unions in Thailand enjoyed this right but we have been unable to regain it.
On behalf of the Thai labour movement, we urge you to stop the FTA negotiations since Thai workers have not participated in the process, and the Thai government has never fully explained the issue to its citizens. The FTA between the US and Thailand will only benefit businessmen, and in particular investors. But workers, farmers and the majority of Thais would not gain anything from it but increased suffering and unstable lives. The most important point is that Thai workers' basic rights under the ILO's International Labour Standards have been violated continuously for years.
Due to the reasons elucidated, we urge you to stop the FTA negotiations immediately.
Sincerely yours,
State Enterprise Labour Relations Confederation
Women Workers Unity Group
Alliance of Democratic Trade Unions
Democratic Labour Group
Federation of Bank and Financial Workers Unions of Thailand
Textile, Garment and Leather Workers Federation of Thailand
Council of Work and Environment Related Patients Network of Thailand
Thai Labour Solidarity Committee
Labour Coordinating Center
Thai Labour Campaign
Peoples Coalition Party
Omnoi-Omyai Area Group of Unions
Rungsit Area and Vicinity Group of Unions
Eastern Region Group of Unions
People's Network Against Privatization and Free Trade
1 For more information, see the Report of the Committee of Experts on the Application of Conventions and Recommendations
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