ITUC-CSI-IGB - Discrimination - News

ITUC's '12 by 12' Campaign keeps up the pressure on governments for the ratification of the Domestic Workers Convention

2013-06-14T13:59:29Z

On 16 June, actions and mobilisations in dozens of countries (from Spain to India, Senegal to Chile ) are expected to keep up the pressure on governments to better protect domestic workers in law and practice and to put a hold on the exploitation and abuse of the 50 to 100 million domestic workers.

Two years on from the historical adoption of the ILO Convention 189 at the International Labour Conference (ILC) on 16 June 2011, the ITUC is intensifying the campaign to get more ratifications and to strengthen domestic workers' unions.

The adoption of a Convention and of a Recommendation, which are aimed at extending fundamental labour rights to an estimated 50 to 100 million domestic workers worldwide, represents a landmark step in the fight against discrimination and abuses. However, that fight is still far from over, since more governments need to ratify Convention 189 and to modify their national labour laws accordingly.

ITUC's '12 by 12' Campaign aims at 12 ratifications of C189, a goal nearly achieved with the two ratifications of C189 last week: Germany and South Africa – making up a total of 10 ratifications.

Other aims and impacts of the '12 by 12' Campaign include major labour law reforms (including Brazil, Argentina, Philippines, Vietnam and in two states in the U.S., namely Hawaii and Oregon), significant pay rise of minimum wages in Kenya, Tanzania and Malawi and new collective bargaining agreements in Italy and Uruguay. New unions have been established in Paraguay, Dominican Republic, Guatemala, Costa Rica, Sri Lanka, Columbia, Egypt and Angola and tens of thousands of domestic workers have been organised in unions.

The ‘12 x 12' Campaign is a broad coalition gathering unions, NGOs and other civil society partners in more than 90 countries, working together on improving rights and protection for domestic workers.

Background information:

So far, there have been 10 ratifications: seven countries whose ratifications are registered at the ILO (Uruguay, Philippines, Mauritius, Italy, Nicaragua, Paraguay, Bolivia) and three who finished their ratification process at national level and still need to register at ILO: Colombia, Germany and South Africa.

ITUC ‘s '12 by 12' Campaign international partners are the International Domestic Workers Network, IUF, PSI, ETUC, Human Right Watch, Anti-Slavery International, Amnesty International , Caritas, SOLIDAR, Migrant Forum Asia , World Solidarity and FOS.

For more information, see
The 12 by 12 Newsletter
The 12 by 12 Flyer
The 12 by 12 Webpage
12 June: Global Day Against Child Labour – focus on child domestic workers
The 12 by 12 Facebook page

For more information, please contact the ITUC Press Department on: +32 2 224 02 04 or +32 476 621 018

First ILO global report on domestic workers and update on the 12 by 12 Campaign

2013-01-09T18:00:33Z

The ILO published its first global report on domestic work providing evidence that domestic work accounts for 7.5 per cent of women's wage employment worldwide.

The ILO sets the official number of domestic workers at 52.6 million while recognizing that the real figure stands most probably at 100 million.
The report shows that millions of domestic workers are deprived of their most fundamental rights resulting in exploitation, violence, and abuses. Millions are excluded from labour laws and are not allowed to join a union.

The ILO further found that while domestic workers are among the lowest-paid workers in the world, they barely earn the minimum wage and have no access to social protection, let alone maternity protection. Live-in domestic workers face substantial deductions from their already poor salaries for the costs of housing and food. The report provides evidence that domestic workers are frequently expected to work longer hours than other workers and do not have the same rights to weekly rest.

During the year 2012 the ITUC (1) has actively promoted the 12 by 12 Campaign to get at least 12 countries to ratify ILO Convention No189 on domestic workers. 12 by 12 teams made of trade unions, domestic workers, migrants, women and human rights organisations took actions to demand more and better rights for domestic workers in 85 countries. They contributed to the following results:

• Seven countries ratified the Convention namely Uruguay, the Philippines, Mauritius, Nicaragua, Bolivia, Paraguay and Italy.
• Several governments around the world improved their laws to better protect domestic workers. Some examples include Chile, where the working time of domestic workers was regulated by law; Spain, which granted them access to social protection; Brazil, where the constitution was amended in order to facilitate the adoption of the Convention; Singapore, which granted a day off a week to domestic workers; Vietnam, where a new Labour Code was adopted recognizing for the first time domestic work; and Malawi, where the minimum wage for domestic workers was increased.
• More than 12.000 domestic workers became trade union members, and unions for domestic workers were established in Paraguay, the Dominican Republic, Egypt, Angola and Sri Lanka.

In 2013, the ITUC and its affiliated organisations will keep up the pressure on governments and support domestic workers in their fight for more and better rights!

(1) International partners of the '12 by 12' campaign are the International Domestic Workers Network (IDWN) as well IUF, PSI, ETUC, Human Right Watch, Amnesty International, Anti-Slavery International, Solidar, Migrant Forum Asia, Caritas, de Solidarité mondiale, FOS - solidarité socialiste mobilised their organisations.

ITUC 12 by 12 Campaign webpage
and Facebook page
ILO report

For more information, please contact the ITUC Press Department on: +32 2 224 02 04 or +32 476 621 018

IMF and EC Apply Behind-the-Scenes Pressure on Romania to Halt the Restoration of Core Labour Rights

2012-11-21T13:08:47Z

The International Monetary Fund (IMF) and European Commission (EC) are pressuring Romania's government behind closed doors to prevent it from correcting provisions of a social dialogue law adopted in 2011, which contravenes internationally recognised core labour rights.

The International Trade Union Confederation (ITUC) strongly condemns the two institutions for pressing the government to adopt measures inconsistent with international standards.

“Pressure by the IMF and EC on the Romanian government to prevent it from correcting violations of core labour standards is absolutely shameful,” said ITUC General Secretary Sharan Burrow. “The law was adopted last year under IMF pressure. It eroded protections against anti-union discrimination, abolished collective bargaining at the national level and made sector level bargaining virtually impossible. After the steep economic decline the country suffered in 2008, labour market ‘reforms' pushed by the IMF and EC in Romania and across Europe have only made the situation for workers more intolerable.”

The IMF and European Commission staff concluded a joint visit to Romania on 14 November to review the government's progress in implementing measures called for in a standby agreement. Negotiations on a new lending agreement with the two institutions will likely begin in January, according to a Romanian government official.

The ITUC has obtained a copy of a detailed not-for-publication joint EC and IMF document that pressures the Romanian government not to adopt a decree that is intended to correct measures/provisions that are inconsistent with core labour standards.
The decree is intended to correct flawed provisions in the country's social dialogue law. The document, Joint Comments of European Commission and IMF Staff on the Draft Emergency Ordinance to Amend Law 62/2011 on Social Dialogue, has been reviewed by IMF headquarters staff, who acknowledge its authenticity.

The government is amending Romania's social dialogue law because provisions of the law adopted in 2011 are in violation of International Labour Organization (ILO) conventions, which contain internationally recognised labour standards ratified by Romania. The ILO has repeatedly urged the government to bring the social dialogue law into compliance with ILO Convention 98, on the Right to Organise and Collective Bargaining, one of its eight core labour rights conventions.

In the document obtained by the ITUC, the EC and IMF pressure the authorities “to ensure that national collective labour agreements do not contain elements related to wages”. This is inconsistent with Article 4 of ILO Convention 98, which holds that governments should not enact measures to restrict the scope of negotiable issues in such labour agreements.

The EC and IMF also pressure the government to limit the number of persons who are to be protected from anti-union discrimination or retaliatory firing “to an appropriate number and timeframe”. This contravenes Article 1 of ILO Convention 98, which provides that all workers should be protected against acts of discrimination or dismissal due to their union membership or participation in union activities. Protections against discrimination should not be limited only to a union's “elected and appointed representatives”, and the EC and IMF should not seek to limit the numbers of person enjoying such protection.

Moreover, the government decree proposes amending certain articles (Articles 183, 186, 202, 205) of the social dialogue law that regulate strikes. Instead of urging the government to bring these provisions into compliance with ILO conventions, the EC and IMF press the government in the document to limit the ability to lawfully strike. The two institutions state, “We are concerned about loosening procedures in the existing legislation that are intended to avoid the proliferation of strikes.”

This is a serious concern given that the existing provisions in law covering solidarity strikes (Article 186), stipulating which public officials are prohibited from calling strikes (Article 202), and requirements for which union members may call a strike in the private sector (Article 205) are inconsistent with ILO Conventions and with provisions in international human rights law related to freedom of association.

The Law on Social Dialogue 62 of 2011 was adopted in May 2011 by a centre-right government that imposed harsh austerity measures after the severe economic downturn the country suffered in 2008-09. Since the law's adoption, it has made collective bargaining so difficult that no sector-level agreement has been concluded. Firm-level collective bargaining has also declined drastically. In May, a new centre-left government headed by Prime Minister Victor Ponta took office, which has since attempted to restore labour rights.

The social dialogue law as adopted in 2011 abolished collective bargaining at the national level and eliminated the automatic extension of collective agreements to non-signatory parties, according to the ILO. The law also increased the minimum number of workers necessary for the formation of a trade union, raised the threshold of trade unions' representation for the conclusion of collective agreements and relaxed the conditions for dismissal of trade unions' representatives.

See the the IMF-EC recommendations on labour law reforms

For further information, please contact the ITUC Press Department on: +32 2 224 0204 or +32 476 62 10 18

Photo: Radu Adam

Côte d'Ivoire, Guinea-Bissau and Togo: Alarming Levels of Child Labour and Widespread Anti-union Discrimination

2012-07-02T08:38:53Z

The ITUC is releasing today a report prepared for the World Trade Organisation's trade policy review of Côte d'Ivoire, Guinea-Bissau and Togo that finds that the absence of respect for the rule of law has a serious impact on respect for all core labour rights.

Although the three countries recognise basic trade union rights and freedoms, in practice the lack of adequate legal protection, poor enforcement and widespread anti-union discrimination have limited workers' bargaining power. In Togo's Export Processing Zone (EPZ), workers have to overpass additional hurdles in organising, even just to pursue what are legally established wages and social benefits in the rest of the country. Most of the Zone's workers are women working long hours for little pay.

In all three countries, women face considerable gender pay gaps and a labour market segregated along gender lines. In general, women are less likely to be hired than men because employers prefer to avoid having to pay maternity benefits.

The ITUC report also finds that child labour, forced labour and trafficking of children are an alarming problem in all three countries. Children are forced to work in dangerous conditions and at a sub-minimum wage in agriculture and domestic servitude. The labour inspectorates and law enforcement officials are poorly trained and lack resources to enforce the law effectively.

Read the Full report

For more information, please contact the ITUC Press Department on: +32 2 224 0204 or +32 476 62 10 18

Photo: Escalepade

ITUC Condemns Rise in Racist and Xenophobic Political Discourse

2012-03-21T14:12:27Z

"Racism and Conflict" is the theme the United Nations has chosen for International Day for the Elimination of Racial Discrimination 2012. The ITUC fully supports this decision, underlining that racism and xenophobia have been at the root of most deadly conflicts in the history of humanity.

The ITUC also draws attention to the alarming rise in racial discrimination in our societies and workplaces. The current context of job shortages, rising inequalities and falling living standards provides fertile ground for social tension. The trade union movement firmly condemns the rise in xenophobic political discourse stigmatising certain nationalities, religions, ethnic groups or communities, who are in no way to blame for the current situation.

"Politicians who stigmatise certain religious or ethnic groups and communities for electoral purposes are treading on very dangerous ground. Instigating racial tension is not only unacceptable, it is also a serious threat to social peace, cohesion and stability," said ITUC General Secretary Sharan Burrow.

As regards the world of work, several studies, such as those of the ILO, point to the widespread discriminatory practices used in the recruitment of workers, even in the case of employment agencies. Trade unions are calling for better mechanisms to implement laws and international standards on non-discrimination. The ITUC lays special emphasis on the precarious situation of many migrant workers, who often have to suffer racial discrimination and xenophobia in spite of making a significant contribution to the economy of the country in which they are living.

"Governments and social partners share a responsibility to promote diversity and multicultural interaction in the workplace, in the interests of more tolerant societies and stronger economies. This constitutes a major challenge for the years ahead," concluded General Secretary Sharan Burrow.

For any further information, please contact the ITUC Press Department on: +32 2 224 0204 or +32 476 621 018

Photo: Seven_resist

Frozen in time: Gender pay gap remains unchanged for 10 years

2012-03-07T08:49:15Z

Asia shows greatest wage difference between men and women
New industry ranking puts domestic workers on largest gender pay gap
Women in unionised sectors are less likely to be discriminated against

A new report from the International Trade Union Confederation (ITUC) reveals that worldwide, women are paid 18% on average less than their male counterparts at work.

The report, “Frozen in time: Gender pay gap unchanged for 10 years” released on the eve of International Women's Day, looks at women's wages in 43 countries, twice the number of previous studies.

“For the last decade we have seen women's wages hitting a road block. The pay gap remains frozen in time almost everywhere. Asia is the continent with the greatest wage differential between men and women with no progress made to close the gap for over a decade,” said Sharan Burrow, General Secretary, International Trade Union Confederation.

For the first time, researchers have ranked industries internationally by analysing the differences in wages in 15 sectors from construction to domestic workers. The report also includes detailed statistics from official sources in 18 countries.

“More unionised sectors such as the public sector tend to have lower pay gaps. Those with low unionisation rates and low wage levels, such as retail, hotels and restaurants as well as agriculture tend to have higher gaps. Part of the problem is that many workers are not paid a decent minimum wage,” said Sharan Burrow.

The report also found:

Male dominated sectors such as construction have the smallest gender pay gaps due to the relatively low numbers of women, and the fact that the women tend to be better educated.

Domestic workers show the lowest level of earning and the largest gender pay gaps.

The highest ‘unexplained gender pay gaps' attributed to discriminatory practices are found in Chile, South Africa and Argentina.

A ‘child penalty' contributes to keeping women's wages low, particularly affecting women aged 30 – 39.

The report is the third study into the gender wage gap by the ITUC, following up on studies in 2008 and 2009.

The report was written by Dutch academics K.G Tijdens and M Van Klaveren and is based on country level wage data from the ILO, Eurostat as well as on individual-level wage data from the multi-country WageIndicator Foundation web survey. While previous ITUC reports show that official figures tend to underestimate the gender pay gap, data collection has improved in recent years, especially through the OECD and the EU.

See the report ‘Frozen in Time: Gender pay gap unchanged for 10 years” can be read here

For any further information, please contact the ITUC press department at: +32 2 224 0204 or +32 476 621 018

Overcoming the Gulf's Sponsorship Program: Workers and Unions Struggle to Find Solution to Growing Problem

2012-02-29T10:17:59Z

By the time Kamal approached the offices of the Kuwait Trade Union Federation (KTUF), he had exhausted all other options to resolve an ongoing dispute with his employer. Calling Kuwait home for the past six years, the Indian national who has long worked in management for a restaurant chain decided to seek a new job.

He was well aware of the rules surrounding Kuwait's employer sponsorship program and provided the required three-month notice when he applied for a release from his contract. Although he believed the relationship with his employer was strong, especially after so many years, he quickly discovered they were unwilling to grant him his request. In fact, they had yet to even acknowledge it. By the time he sat down to speak with representatives from the ITUC his case had already entered the court system.

“The KTUF has been God's gift to us,” he said of the union's assistance for himself and another colleague, both of whom are caught in the system.

Despite Kamal's struggles, because of his education and skilled position he can be considered among the fortunate who not only receive assistance from the union but who know how and where to seek it. It was through his own online research on Indian ex-pat chat-rooms where he learned of the KTUF. For the vast majority of foreign workers, the sponsorship system exposes them to exploitation from which there is no escape.

Every year thousands of migrant workers descend on the Arabian Gulf, work permits in-hand, ready to realise opportunities to make money that they would never receive at home. All jobs and work permits are pre-arranged in their home countries through recruitment agencies – a requirement of destination countries that serves to prevent people from arriving in search of work. In what is known as the Kafala, or sponsorship system, workers must be sponsored by an employer in order to enter the GCC countries. However, what may appear to governments and private sectors as a logical method of preventing undocumented migrants from overwhelming countries in search of jobs, is instead working against the foreign army of workers once they settle in their new, temporary home.

Little do workers know that simply leaving one job to pursue another can be filled with frustration, employer abuse of power, and in some cases even leads to jail sentences.

The situation is even worse for domestic workers who find themselves confined within the home without access to their passports, withheld by the people they work for. Cases of employer abuse and control are seldom heard from the women who have no opportunity to flee. Those who do run away and do not find shelter are left without any legal status and are reportedly exploited into prostitution, or are sold into other homes by brokers.

From Kuwait, to Bahrain, and the Emirates, the Kafala System is used throughout the Arab Gulf states. Despite efforts by local trade unions, sponsorship and the rules surrounding it remain the only method migrants have if they want to arrive in the region for work.

Sponsored labour

Migrant workers commonly enter the Gulf on two-year contracts secured with their sponsor employer. Although legislation among countries in the region differs – with some without any legislation at all – most states require workers to give three months' notice in the event that they wish to be released from their contract, usually with the intention of pursuing a new job with another employer. A letter of resignation is all that is officially required to obtain a release, but for many workers that is not the case.

Trade union representatives in the Gulf talk of workers requests being denied or simply ignored. And as previously mentioned some employees end up in jail after submitting their requests due to false claims made by the employer to the police in retaliation. Unless workers first seek help from authorities, they stand no chance in fighting the legal system without the rights of citizens.

The sponsorship system is made yet more difficult, as it remains common for employers to retain workers' passports – despite laws in place condemning the practice – thus removing both their freedom and their leverage to negotiate. Even with the proper paperwork, workers are unable to leave their employer without becoming undocumented and being subjected to detention, and finally deportation.

Trade unions face uphill battle

The General Federation of Bahrain Trade Unions (GFBTU) wants to put an end to what it sees as a system that is robbing workers of their rights, and more specifically their freedom of movement.

Karim Yousuf Radhi, GFBTU Assistant Secretary General for Private Sector, says that in 2006 an agreement was in place to abolish the sponsorship system and create a law that would have seen the government oversee all foreign workers.

“According to the law there was one article, article 25, which gave migrant workers the freedom to mobilise and to move from one job to another without any permission from the employer or any limitation,” he said. “Of course, we were very supportive. We and the government were together in supporting this, and the employers were against it.”

However, increased pressure from the private sector, a change in government, and last year's uprising has seen the Bahraini government reverse its decision, instead making it even more difficult for workers to change employers. Radhi says that workers are now required to work at least one year under one employer before submitting their request.

“The employers went to the prime minister and said the right to change employers is not good for the economy and that it favours the trade unions that are part of a conspiracy,” he recalled. “Only a very small percentage of workers apply to change jobs, so the employers were exaggerating the extent of the issue and how it would affect the economy.”

When the government's reversal was challenged by the GFBTU, their calls were not only rejected, but the government and employers responded by implementing the former three- month prior notice in addition to the one-year requirement. Under the current system, Rhadi says workers are all but prevented from moving due to their two-year contracts, making a change inconvenient for both workers and employers.

Legal limbo

In Kuwait, where the Kafala system has no legal basis, the KTUF also wants to see the system of sponsorships abolished. Similar to Bahrain, the KTUF would like the government to take responsibility for foreign workers, removing the power and control from employers.

“We are pushing the government to enforce changes that will see the government itself become responsible for each and every person who comes to Kuwait,” said KTUF secretary general Abdul Rahman Yousef Al-Ghanim. “We have a lot of work to be done to make this happen, but the government has previously promised to end the sponsorship program.”

It was in 2008 when the government first announced it would do away with the system, but those promises to end sponsorships have been a series of stops and starts with no end in sight, leaving many in the trade union sector to doubt the government's commitment to implement changes. “We are now told that the government has a vision to alter the system, but we know none of the details.”

Al-Ghanim continued saying, “The problem of the sponsorship program has blocked everything else we are working to achieve, such as wage increases. If we can destroy the system of sponsorships, then workers will be free to find new and better jobs with higher rates of pay,” stressing that allowing workers to freely seek other employment will create competition for wages and improve the overall situation among workers and employers. “Everyone will want skilled workers,” he said.

Without sponsorships Al-Ghanim claims that the economy will benefit from an increase in competition between companies that are in need of skilled workers; and workers will in turn become competitive among themselves to be the best in their fields.
According to Al-Ghanim, “The majority of problems affecting workers here in Kuwait are created by the sponsorship system, so by removing it will create many positive changes.”

One case at a time

Until fundamental changes are made to the way workers are permitted to work in the GCC, trade unions will be left to continue working on one case at a time. Fortunately, in Kamal's case he can rest assured that he will not be abruptly fired, deported, or face obscure police charges. His decision and ability to seek help from the KTUF and the submission of his case to the labour office protects him from any further action on the part of his current employer. But despite union support, the worry remains. “The risk that you'll be deported is still in my mind,” he said, acknowledging that the company is holding his passport, limiting his options. All that Kamal can do is to wait for his case to be resolved, while countless other workers wait for change in a system designed to exploit them.

Photo: Open Space

Spate of Trade Union Rights Violations in Cameroon

2012-02-14T09:17:18Z

Reports have been received of a string of trade union rights violations in Cameroon. The ITUC has firmly condemned the reported intimidation, harassment, suspension and unfair dismissal of trade unionists.

Around 15 workers at the National Institute of Cartography (INC) had their contracts suspended after taking part in strike action calling for the signing of employment contracts to regularise the employees' status. In a similar move, according to the reports received by the ITUC, Cameroon's sugar manufacturer SOSUCAM, backed by the prefectural authorities of the department of Haute Sanaga, has instituted legal proceedings against three workers, also for taking strike action.

Finally, Micheline Banbe, branch vice president in charge of women's affairs and assistant secretary for legal affairs with the regional office of the CSAC in Douala, has been unfairly dismissed by her employer, Orange Cameroun. The trade unionist had been put forward by her branch union as a candidate for the workplace representative elections in April 2011. Since then, the employer has been targeting all the people on the list as well as all those nominated by the branch, disqualifying them and putting forward non-unionised workers.

"It is intolerable that workers exercising legitimate trade union activities be treated in this way," underlined ITUC General Secretary Sharan Burrow. "The right to organise, the right to collective bargaining and the right to strike are fundamental to a healthy democracy."

In a letter to the national authorities, the ITUC called on President Paul Biya to take every action necessary to ensure the immediate restoration of workers' rights and respect for the core conventions of the International Labour Organisation (ILO), such as those protecting the right to organise and collective bargaining, in Cameroon.

For more information, read the ITUC letter (in French)

For any further information, please contact the ITUC press department at: +32 2 224 0204 or +32 476 621 018

Photo: laurent KB

Bahrain: ITUC Denounces the Ongoing Failure to Reinstate Workers

2012-01-31T15:09:18Z

In November 2011, the Governing Body of the International Labour Organisation (ILO) agreed to a proposal to establish a tripartite committee to review the mass dismissal of Bahraini workers referred to in the complaint concerning the Non-Observance by Bahrain of the Discrimination (Employment and Occupation) Convention, 1958.

. In a letter to the chair of that commission, the ITUC acknowledged progress in the public sector but expressed its serious concerns regarding the failure of employers, largely in state-owned companies, to reinstate many wrongfully dismissed workers or to rehire the workers only under completely unacceptable conditions. The very few trade union leaders reinstated had to agree not to carry out any further union activity.

“It is time for the committee to redouble its efforts and take all necessary measures in order to secure reinstatement of all illegally dismissed workers by the March 2012 Governing Body meeting,” said Sharan Burrow, ITUC General Secretary. “It is also unacceptable that many of the workers who have been reinstated were brought back to inferior posts or have been forced in many cases to agree to unacceptable conditions,” she added.

In addition, the ITUC points out that many trade unionists continue to face criminal prosecution for participating in strikes and demonstrations last year.

See the ITUC Letter to the Bahrain Ministry of Labour for more information

For more information, please contact the ITUC Press Department on: +32 2 224 0204 or +32 476 62 10 18

Photo: abcdz2000

Vietnam's AIDS quagmire

2012-01-12T08:46:29Z

Hai Duong Province is sparsely populated and quietly nestled about two hours southeast of Hanoi.

The energy infused scooter-filled streets of Vietnam's capital long since out of sight, disappearing below the horizon of the rear view mirror, giving way to a two lane highway that cuts through open rice fields scattered with the silhouettes of hunched over workers under the blazing sun. There are no cafes, no bia hoi beer joints, only the occasional restaurant among communities spread far and wide.

On the 25th of each month a group of Hai Duong residents convene for a monthly meeting where snacks and beverages are served for men, women and their children of various ages and walks of life. They come together to share their stories and to provide some comfort for those in need of support. Upon first glance, what links the members is not clear, not evident to the eye. The cause that binds them is unseen, but the reason they meet each month is one that has left many of them ostracized from society, cut off from family and friends. When they come here, they are no longer alone. These club members have one thing in common. Each of them is infected with HIV.

All of them are unique, coming from varied backgrounds, levels of education and work. Their stories of how they were infected are all personal, none of them the same, except for the result. There was a time when some worked in factories, farms and schools, once when some were husbands and wives. Testing positive changed all of that.

Arriving for the monthly meeting, each is treated to a free medical check-up, anti-retroviral medicine, and maybe most importantly, to share a few laughs and feel at ease. Of the reported 280,000 living with the virus in Vietnam, statistics show that only 45 percent receive therapy, making free medical access a necessity.

Members are open to talk about the group and how it has helped them endure life after their infections, especially in a country where HIV/AIDS leaves them viewed as lepers driven from their caste. People who due to their own supposed immoral actions are blamed for disgracing not only themselves but also those closest to them.

Launched in 2001, the HIV group known as the Bright Future Club was created to give those with the virus a refuge, a place where they could find comfort to shield them from the intolerances and discrimination of society. What began with gatherings in a small office in the Kinh Mon district is now based in a home and has grown to become the nation's largest for those with HIV.

Like any association found in Vietnam, the Bright Future Club received official permission to be formed, in its case from women's 955 Union responding to support women and their children. Today, 42 people volunteer their time at the centre. Group events are organized for members along with information and education sessions for the public. Visitors are often treated to dramatic sketches and games, performed to help the community better understand the virus and the people who live with it.

Mr. Củỏng, a tall, lean and well-dressed man in his 40s, happily attests to the club's worth, reflecting on the success it has achieved in 10 years of operation. As the club's leader and an original member, he oversees the day-to-day programs, organizes events, and regularly submits reports to funding officers. What began with 46 members has grown to 116 with an increasingly public face. A reality today that was hard to imagine during the group's infancy.

“The club attracts more people because of the activities,” said Củỏng through an interpreter. “Historically, there has been a lot of discrimination in the community.”

Before leading the group and before discovering he was infected with HIV, Củỏng was a school teacher with a fiancée. He recalls how in 2005 his family pressured him to urge his fiancée to undergo an HIV test. As a foreigner coming from a family with less wealth, there were concerns she may have carried the virus. To appease everyone Củỏng and his future bride were both tested. Only he was positive. His career was over, the wedding called-off. The irony of his story has not left him bitter, but rather makes him smile, as a constant reminder of how indiscriminate the virus is in a country where AIDS is commonly viewed as the affliction of drug addicts and prostitutes.

His story is familiar among those in Vietnam living with the virus. Word of a positive test spreads quickly here, resulting in lost friends, family and jobs. Although it is against the law, companies continue to administer blood tests for job candidates and employees, leaving many shut out of the labour force and blacklisted wherever they go.

To help remedy the problem of unemployed people with HIV, organizations including the Bright Future Club have created work programs that include tasks such as producing charcoal. However, the jobs provide little hope of securing financial stability and leave people with HIV on the outskirts of society.

Having lost his career in education, Củỏng says what was originally created to give people a chance to survive has shifted its focus to prevention, hoping that through education others will avoid infection.

Although the number of people infected with HIV/AIDS in Vietnam is relatively low compared to its population of 90 million, what may appear to be a controlled issue to some is deceiving in a country that remains culturally conservative, suffering from stereotypes surrounding AIDS that prevent awareness and treatment. Despite the comparisons to neighbouring countries with much higher rates of infection, Vietnam's numbers are rising, and not just among high-risk groups. The combination of conservative views and a lack of intervention are helping the virus spread among the general population.

Making corporations socially responsible

“The problem with prevention, with workplace programs, is that we don't have champions in Vietnam. We don't have individual corporate managers or companies that will stand-up and do really good things on HIV.”

Patrick Burke doesn't mince his words. For the past 20 years his work has focused solely on HIV prevention in Vietnam, specifically promoting corporate social responsibility (CSR.) The Australian, who calls Hanoi home and speaks the language fluently, agreed to talk about HIV workplace prevention on a Saturday afternoon in-between meetings. His work is non-stop, no matter the day. Devouring his cake he wasted no time getting to the heart of the issue. “The frustration for anybody working in this area is that it would be a lot easier to get a solid response if a few companies had the balls to stand-up and say ‘we'll do something about this.' ”

Burke knows the issue of HIV prevention well. Currently coordinating prevention programs for World Bank-sponsored infrastructure projects, he speaks freely on corporate Vietnam's reluctance to play a prominent role in the health of its workers.

“There is not a single Vietnamese business leader, not a single Vietnamese company that has taken a public stance on [HIV/AIDS],” he says with a disdain that comes from being immersed in the issue for so many years. “It's ironic that Bill Gates is so universally admired in this county and so many people think he's such a great businessman. But I wish they would actually remember that he contributes a very large amount of his own personal wealth to HIV/AIDS, Malaria, TB and other diseases as well. Some of these guys who are the owners of these very successful Vietnamese companies, very successful, very wealthy, I just wish they'd take a look at Bill Gates and become more like him.”

The example of The Bill and Melinda Gates Foundation, which to date has contributed more than $600 USD million to the Global AIDS Fund, has not only made the former Microsoft CEO an international social ambassador, but also a shining example of CSR.

“I've worked with companies that have done great work and won't publicize it because they think that their products or services will somehow be associated with HIV/AIDS,” he said, citing one company that despite initiating prevention programs for its more than 3000 workers, it would not distribute condoms simply due to the conservative views of the managing director. A lack of leadership from the top he says “promotes the sorts of behaviours we are trying to prevent.”

Despite looking to people like Gates and former US President Bill Clinton's Clinton Health Access Initiative, efforts to stimulate a better corporate and government level response to HIV prevention in Vietnam have resulted in what Burke describes as “a series of disappointments,” even with the support of international aid money.

Burke's latest challenge, implementing an HIV/AIDS prevention program for a World Bank sponsored infrastructure project, is one he hopes will become an example of how taking initiatives benefits everyone involved.

“It's a bit of a long stretch for some people to think there is a connection to building these infrastructure programs and the spread of HIV,” he said, referring to an earlier road improvement project in the Mekong Delta to illustrate the failure to respond to a situation primed for problems: an all-male workforce living away from home with a large disposable income and easy access to commercial sex and drugs. Making it worse is a lack of condom access, treatment and education. “Many don't even know that testing facilities exist. So the risk factors, if you add them up, are all pretty high.”

Following the Mekong project the community experienced a “spike” in the number of infections. So far his latest prevention program has resulted in no positive tests. A success that he believes will encourage others to follow. “You do good things with the environment, good things in the community, you build schools, and you know HIV is an easy one, provided you're prepared to take a stand on it.”

Despite the progress of international organizations in creating awareness, Vietnamese-initiated actions remain a rarity. “There have been a lot of achievements at the local company level, and I can feel proud of the fact that that I've created quality programs for workers and managers, put many people with HIV into contact with audiences they never would have met,” he says. “But in creating a sustained response where Vietnamese can take the lead, no.”

Sacrificing health for trade benefits

While people like Patrick Burke work to change the perception of HIV and the safety of the workplace, another issue involving government and big business is threatening the very health of those living with the virus.

Negotiations are currently underway for the Trans Pacific Partnership Agreement (TPP), a new international trade pact among nine Pacific Ocean countries. Made up of Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam, and the United States, Japan, Mexico and Canada are also looking to join. As the US leads the way to unlimited access to large Asian markets, developing country partners are showing a willingness to agree to concessions for a potential infusion of wealth. Left behind in a bid for trade are the citizens, and specifically those with HIV/AIDS. Such is the case when small countries enter into trade pacts with bigger, more powerful ones.

Once ratified, the controversial TPP is set to deny signatory countries' access to generic anti-retroviral medicines. Developing countries dependent on cheap generic AIDS drugs will be forced to buy expensive, name-brand medicine. The TPP will give large American pharmaceutical companies absolute control over patents, leaving smaller generic companies unable to reproduce easily accessible and affordable medicines for AIDS patients.

Generics have previously been available because patent and copyright laws did not apply to the countries that needed them. The TPP will change that by returning all the bargaining power and patent rights to “big pharma,” setting the stage for drug companies to monopolize the market.

Judit Rius, the US Access Campaign manager for NGO Medecins Sans Frontieres (MSF), says the TPP “is going to affect US-supported initiatives in Vietnam,” suggesting that increased costs would undermine the efforts of major aid organizations ability to deliver medicines. “It's going to have an effect on all developing countries.” Not only will medicine access become more difficult as prices increase, but because of stricter copyright laws Rius fears that a lack of access to knowledge will delay scientific progress.

So far TPP negotiations have been held behind closed doors with the details of the agreement kept secret. However, a “white paper” released in early September in Chicago shed light on the talks and made it clear that big business, and specifically US firms, would take the priority surrounding access to medicines. The paper cited that stronger intellectual property protection would increase access and innovation of medicines.

Rius says that the measures outlined in the paper would make it difficult for MSF to get medicine to patients early because of the cost. She points to the latest studies that show improved health of HIV carriers if they receive treatment earlier and more aggressively. “We will have to treat more people and we will have to treat them earlier, and that is all threatened if the cost of medication goes up.”

Generic drug companies have long been able to provide lower cost medicines by not having to repeat medical trials needed for initial approval, instead relying on the work of large pharmaceuticals. With the TPP, rather than waiting two years for approval to produce medicine, generics will be forced to wait 5 – 11 years for access to medical trials. The delay will allow large companies to slightly alter patents and find alternative uses for drugs already on the market in order to keep control of the property rights for longer periods.

Opposition to the TPP is being voiced within all the partner countries, including the US where in August 10 members of Congress published an open letter to US trade ambassador Ron Kirk calling for improved access to life-saving medicines. However, criticism of the TPP has done little to slow the talks that are expected to conclude toward the end of 2012.

Local progress pushes ahead

Back in Hai Duong there is little talk of international trade agreements and intellectual property rights. There members of the Bright Future Club focus on their day-to-day health and work to help others avoid their predicament. Despite living through discrimination daily, they know progress has been made.

Củỏng, the club leader, is able to take a moment and reflect on the club's simple and difficult beginnings. He remembers when the health authority provided little support and the club had no clear idea of activities or even a strong purpose. Today that is no longer the case. He says members are now empowered, and that expectations are much higher.

With an increase of financial support, the club has been able to purchase equipment to hopefully fulfill its plans of building a garment workshop and help curb the 92 percent unemployment rate among those with HIV. Change is also happening within communities, which he credits for improving the health of members and has made him optimistic and happier. Because of increased efforts he believes Vietnamese society is more aware and better understands the virus.

“The most important thing is the knowledge among society,” he attests. “We have to change the mentality to make more meaningful lives for those living with HIV.”

A special report from Andrew King

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Photo: Long and Queta