LABOR PROTESTS TURN VIOLENT OUTSIDE DELHI

C O N F I D E N T I A L SECTION 01 OF 04 NEW DELHI 005865 SIPDIS E.O. 12958: DECL: 07/27/2015 TAGS: PGOV ELAB ECON EINV ASEC PHUM IN JA SUBJECT: LABOR PROTESTS TURN VIOLENT OUTSIDE DELHI REF: A. NEW DELHI 5365 ¶B. NEW DELHI 5845 Classified By: Charge Bob Blake for Reasons 1.4 (B, D) ¶1. (C) Summary: A July 25 protest rally in support of workers of a Honda subsidiary turned into an all-out riot in Gurgaon, following apparent provocations by unions linked to India's Communist parties. Located 25 kilometers southwest of Delhi, Gurgaon is a major hub of multinational corporations (MNCs) and a showcase for the new India. Workers claimed that Honda management had attempted to prevent the in-house union from affiliating with the Communist Party of India's trade union federation. Honda management told us that many of the protestors were not Honda workers. Although this incident demonstrates the potential difficulties that corporations face when they fail to address adequately the concerns of Indian workers, the MEA insisted that it was an isolated event. This labor unrest remains an isolated incident for now, but the Left is sure to seize on it as a means of pressuring the government to create a social safety net, limit MNCs' prerogatives, and send talk of labor law reforms to the deep freeze. Ironically, most MNCs here have better labor standards than Indian companies, although the Japanese seem to be an exception and Honda, it seems, had management problems in Gurgaon. End Summary. Two Days of Violent Clashes Between Protesters and Police -------------- -------------- ¶2. (U) Workers at Honda Motorcycle and Scooters India (HMSI) planned a July 25 protest rally to press Honda management to increase wages and allow them to affiliate with the All India Trade Union Congress (AITUC),which is affiliated with the Communist Party of India (CPI). After AITUC representatives addressed the rally, it turned violent, as protesters threw stones and burned a police vehicle and two motorcycles. Police reinforcements retaliated with brutal assaults, striking many demonstrators in the head with lathis (batons) supplying local news channels with gruesome footage that played around the clock. Estimates of the number of injured varied from a low of 25 claimed by the Gurgaon police to a high of 1,000 in some speculative news reports. Wild rumors flew of as many as a dozen deaths, but we never saw any confirmation, and the rumors faded. ¶3. (U) On July 26, Haryana police again clashed with protesters near the hospital in Gurgaon. Many protesters claimed that injured protesters had disappeared from the hospital, accusing police of spiriting them away. Joining relatives in the crowd were workers from other companies and supporters from trade unions and Left parties. At least 60 people who were arrested in the two days of conflict remain in police custody. In Delhi, police used tear gas and water cannon to disperse a crowd outside a Haryana State office building. The majority of the Delhi protesters were from the AITUC or Communist parties. Workers Demanded Higher Wages and Trade Union Affiliation -------------- -------------- ¶4. (U) The central issues in the dispute are worker attempts to organize a union affiliated the AITUC, and their call for wage increases. A contact in the MNC community confirmed that Honda's wages were not as high as those at other companies in the Gurgaon area. Problems date back to at least December 2004, when, according to press accounts, a visiting company official from Japan mistreated a worker at the plant. Four workers who protested this incident and sought to form a union were dismissed, and 50 workers who lent support to the fired workers suspended. ¶5. (U) AITUC Secretary Amarjeet Kaur maintained that while an in-house union was registered in May, Honda management demanded that employees sign an agreement not to affiliate with the AITUC. She claimed that employees who did not sign were dismissed. After upset workers staged a "go slow," cutting production by 90 percent, Honda proceeded with a lockout in certain sections of the plant. It is unclear whether Honda received permission from the Haryana state government before initiating the lockout, as required by Indian law. In early July, Honda required workers to sign agreements of good conduct, prompting more resistance from workers. Tripartite negotiations continued throughout July, but remained at an impasse. The central government did not intervene as labor disputes are in the state government's jurisdiction. Charges of "Outside Influence" from Both Sides -------------- - ¶6. (U) According to Honda, 90 percent of those injured were not their employees. The company claims that "outside forces" were "misleading" their workers, most likely a reference to the AITUC. Left MP's assert that Honda paid the police to beat the workers and break the union, and thundered that foreign multinationals must adhere to international labor conventions if they intend to operate in India. Sonia Gandhi confidante Ambika Soni was quoted in the papers as asking whether Honda was following the rules. Honda Responds -------------- ¶7. (C) Hero Honda president Sunil Munjal stressed to the Charge that management had been making a sincere attempt to resolve the dispute. He asserted that outside unions, which had not been party to the negotiations, were behind the July 25 protests. Many leaders of the AITUC are also CPI leaders, but Munjal said it was unclear whether the Communist political parties were directly involved in the incident in Gurgaon. The company has pledged to pay for the medical expenses of workers injured in the riots and to reinstate the 1600 workers who had originally signed the good conduct agreement. Munjal told the Charge that he was under extreme pressure from the government to reinstate the 54 fired or suspended as "ringleaders," but the company is currently refusing to do so. Honda management met with the Haryana Chief Minister on July 27 and with the Prime Minister on July 28 to attempt to resolve the situation. Left Parties Take Up The Cause -------------- ¶8. (U) The Gurgaon unrest spilled into Parliament on July 26, the first full day of the Monsoon Session. One MP provided an eyewitness account of the "organized gangsterism" of the police, waving a blood-stained cloth for emphasis. Later, the Left parties and the NDA staged a walkout in Parliament after the Home Minister refused their demand for a judicial probe, saying that was a decision for the Haryana State government to make. After consultations with the PM and other senior UPA officials, embarassed, perhaps, that such unrest occured in a Congress-run state, the Home Minister agreed to order the investigation by the central government. The Left parties called for strikes in Haryana on July 28 and announced that August 1 would be an "all-India day of protest" against police excesses. Under pressure from the Left and Congress officials in "damage control" mode, the Haryana Chief Minister, himself a Congress member, suspended Gurgaon's Deputy Commissioner and put the Senior Superintendent of Police on leave. At least for now, the Gurgaon incidents appear to have distracted Left party attention from the PM's visit to the US. Labor and MNCs: Knee-Jerk Fear Not Justified -------------- ¶9. (C) Labor unions accuse MNCs of taking a tough stand on unions and treating them as lesser partners in negotiations. They note that MNCs try to restrict union activity to "in-house" unions not affiliated with India's major trade union federations because when a central trade union representative is involved, the union is more demanding. The AITUC and CITU, India's Communist-affiliated labor unions, have been actively trying to organize workers at MNCs without much success. The Congress-affiliated union, the largest of the central trade unions, had previously remained quiet about MNC organizing efforts, but will now likely join the protests in solidarity with the AITUC and CITU or risk losing face. ¶10. (C) Although labor unions and the Left focus their attacks on MNCs, it is important to note that MNCs in India neither act, nor are treated, uniformly. Recent surveys indicate that labor issues are far more critical to large Indian companies (many of which are also MNCs) than to foreign companies because Indian companies are more labor-intensive. Foreign companies tend to use more capital-intensive technology to avoid a large pool of workers and associated labor problems. Having recently visited a Ford plant and noting its good relationship with labor, EconCouns stresses that not all MNCs deserve the criticism from labor unions and the left; many foreign companies have actually been more sympathetic to labor concerns than Indian companies have been. The Japanese may be the most notable exception, as they have faced similar problems in other countries. However, West Bengal's Industries Minister insisted that Japanese investors in his (Communist-ruled) state have an excellent track record on industrial relations, and he did not anticipate any disruption in the West Bengal-Tokyo economic relationship. Incident Demonstrates Need for Clearer Labor Policies -------------- -------------- ¶11. (C) While many in the business sector have been clamoring for labor law reforms, the Left's opposition and its role as a UPA coalition partner has prevented much movement (Reftel A). This week's violent display will likely preclude further discussion of the issue for the duration of the UPA government. Analysts have repeatedly called for clear and transparent laws on workplace conditions that are properly enforced so that workers and investors would better understand their rights and obligations. JNU professor Arun Kumar noted that "even the communist parties would support reform in labor policies which provide better working conditions, and foreign investors would also be comfortable when there are clear rules." The Left has also said it would support labor reform if a social security net were in place (Reftels). Damage to India's FDI Potential or an Isolated Incident? -------------- -------------- ¶12. (U) Japanese Ambassador Y. Enoki said publicly that this incident would harm India's image as an investment destination for foreign companies. In response, the MEA described the events as "an isolated incident" that "should not become a benchmark for judging the investment climate in India." MEA's statement also noted that India's democratic procedures provide "an effective mechanism" for industrial disputes and that the legal interests of foreign investors will be "fully safeguarded." Hyundai Motor India president BVR Subbu believed the Honda dispute was a micro-management issue unique to that company, and that foreign investors will continue to come to India as long as they see profitable opportunities. Comment -------------- ¶13. (SBU) Regardless of who provoked the clashes, police violence was excessive, and Congress will face criticism from both the Left and the BJP. The Left parties have been agitating for a larger role in UPA decision making, and this incident will provide them with plenty of grist for criticism. It will also make it next to impossible for Congress to push forward with labor reforms that would relax hire and fire policies. This episode demonstrates the difficulties in the manufacturing sector in India, where low growth results in fewer job openings, and workers and their unions actively resist retrenchment. Labor disputes like this are rare in the call-center and IT field where high growth allows employers to offer good benefits and create new jobs. BLAKE