SRI LANKA: Threats against union leaders of G.P. Garments (Pvt) Ltd by the factory management and the police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the chief organiser of the branch of the Progressive Union in G.P. Garments (Pvt) Ltd in the Export Processing Zone, Biyagama, Sri Lanka, was threatened with his life to withdraw his union activities by the Personnel from the Special Task Force of the Police Department on 23 March 2005. It was also reported that the union president of the factory also received a death threat phone call by an unknown person just a few hours before the STF personnel’s visit to the factory and, on the same night, an unidentified group of people went to his house and threatened him to withdraw all union activities. Both Mr. Anura Kirithi Rajah and Mr. Upul Jayashantha lodged a complaint at the Biyagama Police Station regarding this matter but no serious action has been taken to investigate it.

In fact, attempts to destroy the union have been ongoing since November 2004 when the factory restructured its management. Related to this matter, Mr. Leon Joseph (54), a trade union activist, has also reportedly been receiving several threatening phone calls from unknown people.

We call for your support for the freedom of association of the workers in  G.P. Garments (Pvt) Ltd. Please send a letter to the Minister of Labour Relations and Foreign Employment of Sri Lanka and urge him to investigate into the alleged threats against union leaders and ensure that no police force is used to undermine the freedom of association of workers. Please also request him to initiate dialogue between the two parties to settle this matter peacefully.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victims:
1. Mr. Anura Kirithi Rajah, the chief organizer of the branch of the Progressive Union in G.P. Garments (Pvt) Ltd in Export Processing Zone, Biyagama, Sri Lanka
2. Mr. Upul Jayashantha, the president of the branch of the Progressive Union in G.P. Garments (Pvt) Ltd
3. Mr. Leon Joseph, 54 years old, a trade union activist belonging to the Progressive Union, resident of 665/8, New Kandy Road, Biyagama, Sri Lanka
Alleged perpetrators:
1. Unknown group who is allegedly connected to the factory administration
2. Personnel from the Special Task Force of the Police Department
Date of incident: 23 March 2005
Case status: Continuous threats to the union leaders in G.P. Garments (Pvt) Ltd and various forms of harassment to destroy the union activities

On 23 March 2005, personnel from the Special Task Force (STF) of the Police Department arrived at the garment factory G.P. Garments (Pvt) Ltd in the Export Processing Zone, Biyagama, Sri Lanka, and interrogated the chief organiser of the factory union, Mr. Anura Kirithi Rajah. While questioning him, the police threatened Mr. Anura Kirithi Rajah with his life to withdraw his union activities alleging that he had connections with the underworld.

It is also reported that just a few hours before the STF personnel went to the factory, Mr. Upul Jayashantha, the president of factory union, received a death threat phone call by unknown person. That same night an unidentified group of people went to his house and shouted at Mr. Upul Jayashantha to come out and demanded him to withdraw all union activities. He made a compliant at the Biyagama police station regarding this matter but no serious action has been taken by the police to investigate it.

In addition, Mr. Leon Joseph (54), a trade union activist belonging to the Progressive Union, has been reportedly received several threatening phone calls from unknown people. He works for the workers’ rights and appears for workers in the Labour Tribunals and has had successful outcomes in many cases. In particular, Mr. Leon Joseph has been working to promote independent trade unions and actively involved in establishing the Progress Union in few factories in Biyagama Export Promotion Zone, including in G.P. Garments (Pvt) Ltd.

G.P. Garments (Pvt) Ltd. is owned by the Belgians and currently employs 600 workers. It was established in 1991 in Biyagama Export Promotion Zone, Sri Lanka and produces occupational clothing and work wear.

Chronology of the incident:

1. The branch of the Progress Union was established in G.P. Garments (Pvt) Ltd. in December 2002.

2. The C.P. Garments factory management and the union had a reasonable understanding and had bargained on terms of employment cordially in the past years of 2003 and 2004.

3. Since November 2004, the newly restructured management has attempted to break the union at the factory by using various forms of threats to union leaders and resorting to unfair labour practices.

4. The Management sent a show cause letters to the union leaders implicating them with false charges in March 2005.

5. The union leaders heard the allegation that the management had set aside 10 million Sri Lankan rupees to bust the union and the leadership.

6. The skilled machine operators who are involved in the union activities are being transferred to sections where their skills are not applied.

7. The union at the factory has been threatened in various ways. For example, on 23 March 2005, just a few hours before the STF personnel went to the factory, the president of the branch union, Mr. Upul Jayashantha, received a death threat telephone call. He made a compliant at the Biyagama Police Station.

8. At the same day of March 23, personnel from STF of the Police Department arrived in the C.P. Garments fFctory at Biyagama and took the chief organizer of the branch union, Mr. Anura Kirithi Rajah, and threatened him with life. He made a complaint to the Biyagama police.

9. On the same night, a group of unidentified men came to the residence of Mr. Upul Jayashantha and demanded him to come out and shouted to withdraw all the union activities.

The AHRC is gravely concerned by the continued threats and harassment made against the union leaders at the Garments (Pvt) Ltd. We strongly urge the Sri Lankan authorities, including the Minister of Labour Relations and Foreign Employment, to immediately intervene in this matter to ensure the security of the union leaders. We also urge the Sri Lankan authorities to uphold the freedom of association and thoroughly inquire into the alleged attempts to destroy the union activities at the factory. .

SUGGESTED ACTION:
Please send a letter to the local authorities mentioned below and urge them to take action to provide security to the factory union leaders and inquire in the continuous threats to them.