International Solidarity (ITUC, GUF, Union Statements)

ITUC Letter to Hu Jintao concerning the killing of two CHinese workers in Equatorial Guinea

Fax: 0086-10-64729863
Email: minister@legalinfo.gov.cn

IHLO-HTUR/JS                                                                                                 28 April 2008

Killing of two Chinese migrant workers in Equatorial Guinea

Dear  President,

On behalf of the International Trade Union Confederation (ITUC), representing 311 affiliated member organisations, with a total membership of 168 million workers in 156 countries and territories, I am writing to you in connection with the tragic death of two Chinese nationals in Mongomo, East Equatorial Guinea on or around 28 March 2008.

The ITUC has been informed that the two migrant workers were killed whilst at least four others were injured during violent repression of the strike by the Equatorial Guinean army. Some 200 Chinese workers had embarked upon a peaceful strike action when they had received no pay for four months. We understand that the striking workers have all been deported and that they have been replaced by new Chinese migrant workers.

While we welcome the decisions of your Ministry to send an investigative mission to Equatorial Guinea to probe the deaths we are deeply concerned by a statement, now removed from the website of the Ministry of Foreign Affairs, entitled “Our workers went on strike and caused conflicts in Equatorial Guinea " which seemed to be placing the blame for the deaths on the dead and injured workers themselves. The statement further stated that “the 100 workers ignored the local law and started a strike. They caused conflict with local police when they were trying to keep order".

Indeed the statement continued; "in recent years, more Chinese go abroad. Some go as illegal immigrants and some go without a contract and these create all sorts of labour disputes. A small group of these people do not handle their problems rationally and without a sense of rule of law launch illegal strikes, attacked local law-enforcing bodies and seriously disturb the security.”

We believe that the problems faced by Chinese workers overseas are in fact directly related to the lack of protection for Chinese workers both at home and abroad. Instead of laying the blame on workers who face exploitative working conditions and are essentially working unpaid, the Chinese authorities should ensure that Chinese workers have access to clear avenues for support, protection and advice throughout their work abroad. In particular we note the potential role for the ACFTU in the protection and promotion of workers rights – at home and abroad.

While we recognise that it is the duty of foreign nationals to abide by a host country’s laws while resident in a foreign country, we would like to emphasise that Equatorial Guinea has ratified ILO conventions 87 and 98 on the right to organise and collective bargaining. It is therefore under an obligation to allow workers to organise and embark upon collective actions, such as strikes. The Chinese migrant workers were consequently fully entitled to embark upon strike action in the face of labour exploitation.

Given that China is increasing its investment abroad and sending Chinese workers to many parts of the word – we note a corresponding rise in cases where Chinese workers are abused by either abusive employers or through the lack of state protection for workers in the particular country.

We therefore urge you to increase your support to Chinese migrant workers abroad by mediating in labour conflicts especially when Chinese employers are involved. We note that we have received reports of national trade unions being refused entry into Chinese owned companies with Chinese workers.

We believe the best way for workers to address their grievances, including Chinese migrant workers, are by being allowed to join and form independent trade unions. We therefore urge you to promote freedom of association and collective bargaining both at home and abroad.

Especially we urge you to recognize that while Chinese migrant workers are abroad, they should be allowed to seek protection of labour unions in the country concerned.

We also urge you to ensure that the Chinese migrant workers what have replaced the ones deported from Equatorial Guinea are not being exploited and access to clear avenues for support, protection and advice throughout their work there. We also urge you to ensure that the deported Chinese migrant workers receive their wage arrears in full.

                                                                                          Yours sincerely,
General Secretary

Cc.:      Ministry of Foreign Affairs
ACFTU