Canada's hidden human rights deficit: Freedom of Association

Extensive new study documents serious erosion of human rights. Unions launch campaign to fight Wal-Mart and reform Canada's labour laws.

Updated 24 March 2005

Ottawa - The basic human right to freedom of association has been abused and eroded by Canadian governments at all levels over the past two decades, says an extensive new study by two of Canada's largest unions.

Abuses are also rampant in the agriculture industry and among private sector employers like Wal-Mart. Freedom of association includes the right to join a union, bargain collectively and withhold services by going on strike.

The study, by the 340,000-member National Union of Public and General Employees (NUPGE) and the 230,000-member United Food and Commercial Workers (UFCW Canada), cites 170 pieces of legislation that have denied or undermined these basic rights since 1982. The study is entitled Collective Bargaining in Canada: Human Right or Canadian Illusion. LabourRights.ca

The abuses have occurred despite the fact that freedom of association is guaranteed by the Canadian Charter of Rights and Freedoms and by the United Nations Universal Declaration of Human Rights, which Canada has signed and pledged to uphold.

Campaign launched

Governments at all levels have created the situation and bear responsibility for it, say NUPGE president James Clancy and UFCW Canada national director Michael J. Fraser. In releasing the study, the unions announced a national labour movement campaign to restore the right to freedom of association. The campaign will include a national lobbying effort to persuade legislators that the time has come to change direction and make progressive labour law reform a top priority.

James Clancy

"Freedom of association as a human right is embodied in the Canadian Charter of Rights and Freedoms, the United Nations Universal Declaration of Human Rights and many other global documents," says Clancy.

"Governments and employers have an obligation to respect and promote freedom of association, yet there's no question this basic right is under sustained attack in Canada."

"We urge Canadian governments to take a hard look at this study's findings, which are undeniable. The right to freedom of association is being violated with alarming frequency in Canada. Our clear message to all governments is that the time has come to address this hidden human rights deficit by enacting progressive labour law reforms," says Clancy.

The study also examines Canada's embarrassing record of compliance with the International Labour Organization's (ILO) freedom of association principles. The ILO is an agency of the United Nations governed by a tripartite body with representatives from the government, labour and employers of member countries.

Canada's dismal record

A total of 185 ILO Conventions have been enacted over the years. Canada has formally ratified 30 of them, including five of seven core ILO conventions. Since 1982, the ILO has enacted 30 conventions, all of which have been supported by Canadian governments at ILO conferences. Yet only two of the 30 have been ratified by Canada.

The gap between what Canada promises and what Canada actually does needs to close, says Canadian Labour Congress president Ken Georgetti.

"The Prime Minister says governments shouldn't pick and choose which rights to defend, that our leaders have a duty to stand up for the rights of our citizens. We agree and look forward to working with him and Minister Fontana toward upholding Canada's international reputation as a defender of human rights, including the rights of workers," says Georgetti.

"First steps should include a meeting between the Prime Minister and Juan Somavia, the Director-General of the ILO, followed by a legislative plan to ratify and respect the remaining workers' rights conventions," he adds.

'Culture of impunity'

Because Canadian governments have neglected their obligation to uphold the basic right to freedom of association, employers in Canada have developed a 'culture of impunity' and routinely engage in the wholesale denial of workers rights, the labour leaders say. The most striking current example is Wal-Mart, which has announced the closure of an outlet in Jonquière, Que., rather than deal with a legally-formed union. NUPGE has signed a formal organizing protocol with UFCW Canada to support an ongoing drive to organize Wal-Mart workers across Canada.

Michael Fraser

"When Wal-Mart denies Canadian workers their right to join a union and bargain collectively, it is thumbing its nose at the Charter of Rights and Freedoms and the basic rights of all workers and families in Canada," says Fraser. "It's an outrage that Canadian governments are tolerating this routine denial of basic rights by Wal-Mart. Canadians deserve better."

Starting today, Canadians can tell Wal-Mart to clean up its act by visiting the Canadian Labour Congress web site at www.clc-ctc.ca With the click of the mouse they can send a fax to Wal-Mart's Canadian headquarters as well as their local Member of Parliament.

The NUPGE - UFCW Canada study and related documents can be found at this website: www.labourrights.ca

More information:
• Derek Fudge, NUPGE, (613) 228-9800, dfudge@nupge.ca
• Bob Linton, UFCW Canada, (416) 675-1104, blinton@UFCW.ca
• Jeff Atkinson, CLC, (613) 521-3400 ext. 425, jatkinson@clc-ctc.ca

About the NUPGE, UFCW Canada, and the Canadian Labour Congress:

The National Union of Public and General Employees (NUPGE) is a family of 14 component unions. Taken together we are the second largest union in Canada. Most of our 340,000 members work to deliver public services of every kind to the citizens of their home provinces. We also have a large and growing number of members who work for private businesses. Web site: www.nupge.ca

The United Food and Commercial Workers (UFCW Canada) is one of Canada's largest
private sector unions with more than 230,000 members across the country. They are employed in every aspect of the food industry, as well as other services, commercial, processing, manufacturing, technical and professional occupations. Web site: www.ufcw.ca

The Canadian Labour Congress, the national voice of the labour movement, represents 3 million Canadian workers. The CLC brings together Canada's national and international unions along with the provincial and territorial federations of labour and 137 district labour councils. Web site: www.clc-ctc.ca NUPGE

National Press Club - 24 March 2005
Roy J. Adams, Elaine Bernard, Michael J. Fraser, James Clancy

Web posted by NUPGE: 24 March 2005

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