An American labour rights organisation has filed a petition with the US government to review Sri Lanka’s compliance with internationally recognized labour rights under its GSP scheme.

The American Federation of Labour and Congress of Industrial Organisations (AFLCIO) in a letter to President Rajapaksa, dated December 5, said it had filed this petition with the Untied States Trade Representative (USTR) earlier this year.

"We did so out of a growing concern that respect for worker rights was deteriorating rapidly," the letter said adding it had provided several recent examples to bolster their claims.

Exports such as tires, gloves, floor tiles, jewellery are some of the items that receive preferential consesions. The US GSP scheme does not include garments.

AFLCIO said it did not intend to have GSP concessions suspended arbitrarily but hoped to improve lives of Sri Lankan workers.

"Of course, if the government fails to make improvements in its labour laws and in the enforcement of these laws, the US government has the discretion to suspend the country’s trade preferences, in whole or in part," the letter said.

AFLCIO told President Rajapaksa that it hoped that the government recognized the need to respect fundamental labour rights for the sake of the country’s economy and the interest of its workers.

The petition was filed last June, but the USTR is yet to decide whether or not to accept AFLCIO’s petition.

AFLCIO expects it to be taken up next month.

"If the petition is accepted, this does not automatically mean that the preferences will be suspended. Rather, it is only the formal initiation of an investigation into Sri Lanka’s compliance with international labour conventions," AFLCIO said.

A hearing will ensue for which all stakeholders will be called upon to make their submissions and present their case.

AFLCIO said that Sri Lankan exports to the US in 2006 amounted to US$ 143.6 million while for the first nine months of 2007, it reached to US$ 116.5 million.

"US imports from Sri Lanka under GSP account for a relatively small percentage of overall bilateral trade, as US imports are highly concentrated in textiles and apparel products," it said.

"(Since) textiles and apparel imports from Sri Lanka are not included in US GSP coverage, there is no possibility that they will be affected by the investigation into worker rights abuses."

AFLCIO reiterated that its only motive to file the petition was that the workers in Sri Lanka may be afforded decent work.

"In that light, we urge the government to work closely with worker and employer representatives to reach a consensus on improvements to the labour code and on improving compliance with those laws," its letter to President Rajapaksa concluded.

Last May, a lawyer attached to AFLCIO was in the island in a bid to help labour unions, particularly in the garment industry, to cope with the EU GSP+ issue and facilitate better cooperation with employers in a bid to strengthen Sri Lanka’s case for an extension of the GSP+ scheme.

It is reported that the EU GSP Plus scheme has been extended to 2011, subject to an ongoing investigation into the country’s human rights record.

Jeff Vogt, Global Economic Policy Specialist, Legal Department, AFLCIO, had met members of government and the Joint Apparel Association Federation of Sri Lanka.

He told the Island Financial Review that he had spoken to many workers, particularly of the apparel industry as the focus was on the EU GSP Plus purportedly to help Sri Lanka get an extension.

"I found that there are routine violations of international labour laws in some garment factories. Many complained that overtime was forced onto them and that the hours were too excessive, more than 60 hours a week which is a violation of ILO labour laws, while some said that there were violations to freedom of association.

"Freedom of association is very important according to ILO labour laws and many workers complained that their efforts to form unions got shot down by the employers who transferred, suspended or fired those who worked towards forming such unions. This is illegal," Vogt said.

Vogt did admit however, that his short stay did not permit him to make an extensive study.

Vogt had the opportunity to visit a few garment factories but could not speak to workers. He had to speak to them outside the factory premises where, he said, they spoke more freely.

He did not comment about what he saw because he was confined in the offices and did not have enough time to actually walk around, even when he did it, was only for a few minutes.

The Island Financial Review asked what his impressions were of the factories he had visited. He had nothing to say. Neither bad…nor good.