CINA

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Last Sat.(11.19) Michel Caitura(MTU's chairperson), together with Park Gyeong-seok(chairman of the S. Korean Solidarity Association Against Discrimination of Disabled People) received this year's Buddhist Human Right Award...

...in Seoul's Jogye Temple(조계사):

Congrats, dear comrades!!

Related reports:
☞ 제17회 불교인권상에 박경석 · 미셸 카투이라 (정각사, 11.14)
☞ S Korea cracks down on migrant workers  (PressTV, 11.07)
 

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[Nov. 2011] ILO(Int'l Labour Organisation) Governing Body recommended the following(*):

 
(a) The Committee urges the Government to refrain from any measures which might involve a risk of serious interference with trade union activities and might lead to the arrest and deportation of trade union leaders for reasons related to their election to trade union office. It requests the Government to enforce the decision of the Administrative Court cancelling all punitive measures until a final judgement has been rendered, including by granting the renewal of Mr Catuira’s residence permit. The Committee requests the Government to submit detailed information on the current status of Mr Catuira’s work permit in reply to the complainant’s communication of 28 September 2011 and any other information related to this case.

(b) The Committee expresses its firm expectation that the Government will proceed with the registration of the MTU without delay, and supply full particulars in relation to this matter.

(c) The Committee once again requests the Government to ensure that the Committee’s conclusions, particularly those concerning the freedom of association rights of migrant workers, are submitted for the Supreme Court’s consideration and to provide a copy of the Supreme Court’s decision once it is handed down.

(d) The Committee once again requests the Government to undertake an in-depth review of the situation concerning the status of migrant workers in full consultation with the social partners concerned, so as to fully ensure and safeguard the fundamental rights to freedom of association and collective bargaining of all migrant workers, whether in a regular or irregular situation and in conformity with freedom of association principles, and to prioritize dialogue with the social partners concerned as a means to find negotiated solutions to the issues faced by these workers. The Committee requests to be kept informed of the progress made in this regard.

* A PDF-link to the full text (CASE NO. 2620, "Complaint against the Gov't of the Republic of Korea presented by KCTU and ITUC") you'll find here!

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Y'day, according to several sources(*), 12 Korean human right/KCTU members were arrested in Gyeongju, east of the S. Korean city Daegu. The were arrested while defending a number of 'undocumented' migrant workers (eight of them were arrested in that process) against the current crackdown.

MTU published (unfortunalelly only on its FB site...) today the following short report: "Our Korean supporters and friends, defending and trying to prevent the arrest of the undocumented workers in Gyeongsan. 8 undocumented were detained and 8 Korean activists were arrested in the process. Another 4 Korean activist were arrested by the police in Gyeongsan earlier in the day"

* Related reports (in the independet media):
☞ 7일 경주에서 12명 단속, 항의하던 인권단체회원 12명 연행 (NewsCham, 11.8)
☞ '미등록 이주노동자 단속 항의' 시민단체 회원 집단 연행 (OMN, 11.8)
☞ "반인권적 '이주노동자' 불법단속, 즉각 중단을" (PeaceNews, 11.8)

Related articles (in the bourgeois media):
☞ 경찰, 불법체류자 단속 막은 노조원 연행 (대구일보, 11.8)
☞ 대구경찰, 불법체류자 단속 항의 8명 입건… (중앙일보, 11.8)
 

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On Sept. 30 MTU informed its members "September 19-30: The Korean Immigration notification period for employers that there will be an intensive crackdown.  ->October 1-30: The voluntary departure program will start.  ->November1-30: Will be the 'Intensive Crackdown' period"

And according to the S. Korean mainstream media next Tuesday the (annually) season for hunting(incl. injuring and killing), arresting and deporting of so-called "illegal" migrant workers will be opened.

Three days ago Korea Times (based on Yonhap news "report") wrote the following:

Gov't to crack down on illegal immigrant workers
 

The government will next month clamp down on illegal foreign workers who may be staying in the country without proper working visas, the Justice Ministry said Monday.

The move comes as the number of illegal immigrants in South Korea remained high in recent years despite efforts by the authorities to bring the problem under control.

As of the end of June, 166,518 foreigners were overstaying their working visas, a modest decrease from 177,955 in 2009 and 168,515 in 2010, according to the authorities.

The ministry said 17 immigration offices under its wing will conduct the one-month crackdown together with the Ministry of Employment and Labor, the National Police Agency and the Korea Coast Guard.

The crackdown will be mainly centered on workplaces that employ illegal workers, residential areas near foreign labor-concentrated factory zones, employment agencies and construction sites or service providers, which tend to hire relatively cheaper laborers, according to the ministry.

The target sites were chosen because they are considered to compromise job opportunities for local job seekers in the low-income bracket or to give a rise to illicit sex service providers, the ministry noted.

In the tally of illegal foreigners, Chinese nationals accounted for the bulk of the undocumented workers with a total of 69,943. Chinese with Korean backgrounds accounted for 19,637 of that total.

Vietnamese workers represented the second biggest illegal labor group with a population of 16,873, followed by Thai people with 12,905.

http://www.koreatimes.co.kr/www/news/nation/2011/10/117_97233.html

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On September 15, 2011 the Seoul 12th Administrative Court issued a verdict cancelling all punitive immigration measures taken by the Seoul Immigration Service against MTU President Michel Catuira including the ‘cancellation of the permit to transfer workplaces’, ‘cancellation of the extension of residence period’ (equal to cancellation of President Catuira’s visa) and ‘order to leave the country’... But last week the Immigration Office (Ministry of "Justice") rejected his visa application once again.

   Last Wednesday(9.28) in front of Seoul's Immigration Office: Protest rally/press conference...   

Related article/statements:
☞ 이주노동자 사업장 변경 횟수 제한 합헌 판결은 인종차별 판결이다! (MTU, 9.30)
☞ 헌재, 이주노동자 사업장 이전 자유 제한 합헌 판결 (NewsCham, 9.29)
☞ 서울출입국... 이주노조 위원장... (KCTU, 9.28)

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The Alliance for Migrants’ Equality and Human Rights published today the following press release:

Welcoming the Court's Ruling against the Immigration Service's Cancellation of MTU President Michel Catuira's Visa!
 

On September 15, 2011 the Seoul 12th Administrative Court issued a verdict cancelling all punitive immigration measures taken by the Seoul Immigration Service against MTU President Michel Catuira including the ‘cancellation of the permit to transfer workplaces’, ‘cancellation of the extension of residence period’ (equal to cancellation of President Catuira’s visa) and ‘order to leave the country’, measures taken on February 10, 2011, and the ‘denial of application for extension of the residence period’, and ‘notice of requirement to leave the country,’ measures taken on March 17, 2011. 
 

We believe that the court’s decision reflects the just and legitimate claims MTU and the entire migrant rights movement have made throughout the course of President Catuira’s investigation and trial. Together with MTU’s members and all of the migrant rights organizations that fought alongside President Catuira, we whole-heartedly welcome the court’s ruling. To all those who have given their support and solidarity, we give our heartfelt gratitude.
 

In relation to the Seoul Immigration Service’s claim that the company where President Catuira was employed did not exist and its cancellation of his visa, the court ruled that, “There is no evidence worthy of noting to suggest that [President Catuira] obtained his permits [of employment and residence] in a false or otherwise unlawful manner.” In other words, the court acknowledge that President Catuira’s previous workplace did in fact exist, and that the Immigration Service’s denial of the extension of President Catuira’s residence permit after an injunction against the measure cancelling it had been issues was also unjust. (Please refer to the timeline of events below for details).
 

In relation to President Catuira’s activities as the leader of MTU, the court ruled, “Based on Article 6 of the Constitution of the Republic of Korea, Article 2.1 and Article 23.4 of the International Declaration of Human Rights, Article 5 of the International Convention on the Elimination of all Forms of Racial Discrimination, Article 2.1 and Article 26 of the International Covenant on Civil and Political Rights and Article 2.2 and Article 8.1 of the International Covenant on Economic, Social and Cultural Rights, it is correct to understand the basic rights enjoyed by workers… as applying to migrant workers as well…” In addition, the court stated that in light of the Seoul Immigration Service’s deportation of MTU officers in the past, “It is suspected the [immigration measures taken against President Catuira] were not taken for the ostensible reason given but, in fact, because of the plaintiff’s [President Catuira’s] activities as leader of the Migrants’ Trade Union.” In other words, the court affirmed that President Catuira had not been falsely employed, that the measures taken against him could be understood as acts of repression against MTU and that migrant workers’ labor rights are protected in the South Korean Constitution and in international law.
 

We call on the Seoul Immigration Service to respect the court’s ruling and immediately restore President Catuira’s visa status, desist in its repression of MTU and take the necessary steps to fully protect migrant workers’ labor rights. At the same time, we proclaim that we will continue to defend MTU and to fight until we have won respect for migrant workers’ human and labor rights.
 

September 15, 2011
Alliance for Migrants’ Equality and Human Rights

Timeline of Events:
- March 5, 2010: President Catuira hired by company D.
- July 13: President Catuira and employer are interviewed at the East Seoul Ministry of Labor office.
- August: The East Seoul Ministry of Labor sends request to employer asking him to apply for a change of workplace for President Catuira given that his company has no work.
- November 19: the East Seoul Ministry of Labor sends employer a memo “requesting opinion on the pending cancellation of employment permit.” (The Eastern Seoul Ministry of Labor claims to have visited the company 3 times).
- November 23: The Seoul Immigration Service’s Special Immigration Investigation Team sends President Catuira and his employer request to appear for an interview by December 3 based on, “suspicion of violations of the Immigration Control Law in the course of applying for a workplace transfer and with relation to actual performance of work duties at present.”
- November 25: As President Catuira’s legal representative, Gonggam lawyer Yun Ji-yeong checks details of suspicions against President Catuira. The Immigration Service mentions suspicion of violation of Article 89 (cancellation of change of permits) and Article 17 (scope of foreigners’ stay and activities) of the Immigration Control Act.
- December 2: the East Seoul Ministry of Labor sends notice of cancellation of ‘permit to employ foreign workers’ to the employer.
- December 6: The Chief of the Seoul Immigration Service sends request for second appearance to President Catuira.
- December 8: KCTU, Minbyun Labor Committee meet Chief of Seoul Immigration, receive assurance that President Catuira will not be arrested upon appearance.
- December 22: Following a press conference President Catuira appears for interview at Seoul Immigration Service. There is no mention of “prohibition of political activities” (Article 17 above), only detailed questioning concerning accusation of ‘false employment’.
- February 14, 2011: Seoul Immigration Service notifies lawyer of cancellation of residence permit and order to leave the country and sends a fax dated Feb. 10.
- February 15: President Catuira and lawyer agree to file for an injunction.
- March 3: the Seoul 12th Administrative Court grants injunction stopping the execution of all immigration measures until suit against them is complete.
- March 5: President Catuira applies for extension of residence permit to cover period allowed for finding new employment (until April 6).
- March 17: Seoul Immigration Service denies extension of residence permit and sends notice to leave country.
- March 22: President Catuira applies for G-1 visa (permit of residence for humanitarian reasons) at Seoul Immigration Service.
- March 29: Seoul Immigration Service sends notice of denial of G-1 visa.
- September 15: 12th Seoul Administrative Court issues verdict cancelling all punitive immigration measures against President Catuira.

http://migrant.nodong.net/?document_srl=176496#0

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Yesterday in downtown Seoul: MTU(Migrants' Trade Union), together with other migrant organisations and civil/human right groups "celebrated" the 7th anniversay of the "failed" EPS("Employment Permit System") with a press conference/rally.

 
During the event MTU's chairperson "presented" the following speech:

Today as the Korean government is resting it's laurels in their "so-called" success of the EPS, thousand upon thousands of migrant workers are still being abused and exploited by their employers. An exploitation perpetuated by a flawed system that got it's recognition and award through deceit and false presentations. All of the multi-cultural programs, photo-shoot, and the testimonies from gullible and handsomely rewarded few are just tools that the government utilizes to paint a different picture that is far from the reality of our sufferings.

During yesterdays workshop. The government representative says it is enough to compensate us for the duration of our stay in Korea. Despite our contributions to the economy and society, once they have used us up and we have outlived our usefulness as laborers we will be treated like any other old broken down machine who has out-lived our usefulness. It doesn't matter if we have spent the prime of our life in contributing to Koreas' industry. It doesn't matter whether we have paid our taxes or became consumers and patrons of their local market. No matter what contribution we have made we will still be thrown back, broken and useless in our own countries, with our own families.

When we first came here we already know that the work would be difficult, dirty and dangerous, but we were told that as workers we will be protected. The reality is different from our expectations. We are being constantly exploited as workers and the EPS is the very sytem that allows for our exploitation. It is this system and the lack of enforcement of the laws that fails to protect the migrants as well as local workers.

WHILE THE GOVERNMENT KEEP ON INSISTING ON THE THREAT OF MIGRANTS TAKING AWAY JOBS FROM KOREANS. THEY ALSO INTRODUCE THE RESTRICTIONS AND CREATE UNFAIR CONDITIONS FOR MIGRANTS TO KEEP OUR LABOR CHEAP AND KEEP THIS LABOR SECTOR PRECARIOUS. IT IS THE GOVERNMENT WHO CREATES UNFAIR COMPETION FOR WORK BECAUSE AS THE MIGRANTS LABOR STANDARDS ARE KEPT VERY LOW, STANDARDS FOR KOREAN WORKERS, AND ALL WORKERS FOR THAT MATTER, WILL NEVER RISE TO A DIGNIFIED LEVEL.

7 YEARS OF EXPLOITATION UNDER THE EPS IS ENOUGH!
IT IS TIME TO CHANGE THE SYSTEM!
ACHIEVE WORKING VISA!!!!

http://migrant.nodong.net/?document_srl=176258#0

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