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ICEM affiliate EGAT-LU continues to be repressed by Thailand's government and management of public utility Electricity Generating Authority of Thailand (EGAT). On 28 April at the union's extraordinary meeting at EGAT headquarters in Nonthaburi, the company broke precedent by denying hundreds of union members and EGAT-LU use of a meeting room and sound system. The meeting was moved outside and a key issue was an EGAT freeze on a scheduled 15% annual wage adjustment. Other public sector workers received the increase. The government and utility are pushing privatisation of an initial 25% and that process escalated recently when the State Enterprise Policy Committee approved corporatisation of the utility.

Thai Government Repressing Electric Union over Privatisation

Another ICEM affiliate in Turkey is continuing its fight against privatisation in a courtroom in Ankara. Petrol-Is presented its case 2 March to again block privatisation of oil-refining company Tupras by the Turkish Privatisation Authority that now is seeking to sell a 14.8% stake. The authority holds 66% of Tupras, while 34% is publicly traded. Last year Petrol-Is convinced a court to halt the sale of the 66% stake to a joint venture composed of German Efremov-Kautschuk GmbH, a subsidiary of Russian Tatneft, and Turkish holding company Zorlu, a home textiles and home electronics company. Tupras operates four refineries and a petrochemical plant in Turkey.

Turkish Oil Union Fights Privatisation in Court Room

Turkish ICEM affiliate Sel&uuml;l&ouml;z-Is received mass support from two national trade union centers 4 March in its continued occupational of the SEKA paper mill in Izmit. The Sel&uuml;l&ouml;z-Is center, DISK, and TURK-IS mobilized affiliated unions to join the occupation that day. Some 700 paperworkers of Sel&uuml;l&ouml;z-Is plus family members have occupied the mill since 20 January in order to block privatisation of state-run company SEKA. Scores of ICEM affiliates from around the world have registered strong letters of protest to Turkish affiliates in their countries as a result of a 16 February ICEM Circular.

Support for Paper Mill Occupation in Turkey Growing

The ICEM, as part of Global Unions, supports the &ldquo;Global Call to Action Against Poverty&rdquo; (GCAP), which was launched at this year&rsquo;s World Social Forum in Porto Alegre. Backed by a wide range of organisations, the GCAP aims to pressure the world&rsquo;s governments to dedicate the necessary resources and time to the UN Millennium Development Goals (MDG). These MDGs set world targets to decrease overall poverty. Examples include reducing child mortality by two thirds by 2015, ensure primary education and reduce by half the number of people without access to safe drinking water. Trade unions can play an important role in this anti-poverty campaign, as their support often makes the difference in areas such as fair trade, debt reduction or AIDS. Detailed campaigning material on GCAP, including trade union-related info on MDGs, can be downloaded from the ICFTU site: http://www.icftu.org (in English, French and Spanish). Unions can also get in contact with their national centers for more information on this campaign.

ICEM Supporting Poverty Action Call

ICEM Electric Power affiliate SRPSKA in Bosnia-Herzegovina repledged its commitment against privatisation at its annual Congress last week. Mirko Dukic stepped down as president of the union to accept a position with a newly founded regional public-sector workers&rsquo; confederation. Dusko Vrhovac was elected to replace him.

Bosnia Electric Power Affiliate Pledges Against Privatisation

After Thailand&rsquo;s energy minister rejected a proposal by EGAT-LU that would prevent the privatisation of that nation&rsquo;s electric power system, the ICEM affiliate announced it would resume mass demonstrations to mobilize the public against next year&rsquo;s planned privatisation. EGAT-LU is seeking government backing of the electricity market so private firms will not dominate. The union also called on the government to help finance Electricity Generating Authority of Thailand (EGAT) construction of new power plants and not to use public debt as the excuse to sell EGAT to the private sector.

Thai Government Rejects Logical Plan on Electric Privatisation

PROTOCOL INSTITUTIONALISING DIALOGUE AT THE INTERNATIONAL LEVEL BETWEEN THE GENERAL MANAGEMENT OF ENDESA AND THE TRADE UNION REPRESENTATIVES 
 
Madrid, 25 January 2002 
 
PERSONS MEETING 
 
On the one hand, 
 
RODOLFO MART&Iacute;N VILLA and RAFAEL MIRANDA ROBREDO, persons legally of age, holding national identity documents nos. 09.580.318 - J and n&ordm;13045173 - X., respectively, 
 
and on the other hand, 
 
JOSU FRADE ODRIOZOLA, IGNACIO FERN&aacute;NDEZ TOXO and FREDERICK R. HIGGS, persons legally of age, holding national identity documents 14.863.638 A and 32,603.993 and British passport R 14.459.206, respectively. 
 
SIGNATORIES 
 
RODOLFO MART&Iacute;N VILLA and RAFAEL MIRANDA ROBLEDO are acting on behalf of and representing ENDESA, S.A. having its registered office at Madrid, Calle Pr&iacute;ncipe de Vergara 187, in their capacity as Chairman of the Board and Managing Director respectively of said Entity. 
 
JOSU FRADE ODRIOZOLA is acting on behalf of the FEDERACI&Oacute;N DE INDUSTRIAS AFINES DE UGT (hereafter &ldquo;UGT&rdquo;), in his capacity as General Secretary of the same. 
 
IGNACIO FERN&Aacute;NDEZ TOXO is acting on behalf of the FEDERACI&Oacute;N MINEROMETAL&Uacute;RGICADE CC.OO. (hereafter &ldquo;CC.OO&rdquo;.), in his capacity as General Secretary of the same. 
 
FREDERICK R. HIGG is acting on behalf of the International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions (hereafter &ldquo;ICEM&rdquo;), in his capacity as General Secretary of the same. 
 
 
 
WHEREAS 
 
FIRSTLY: The U.G.T. and CC.OO comprise the majority trade union representation at ENDESA in Spain, both parties having ratified their mutual capacity as interlocutors for negotiating any agreements and pacts that are agreed for all the enterprises, under the terms of the Agreement signed on 29 December 1999. 
 
 
SECONDLY: ICEM states that it brings together the majority of the trade unions representing ENDESA employees in the international field. 
 
 
THIRDLY: Both parties agree fully on the existence of common interests that can be summarised in the expediency of making the needs for growth and for the competitive and financial success of the Endesa Group compatible with dignified working conditions for all Group employees. 
 
 
FOURTHLY: Both parties agree that trade union dialogue, as well as any possible future agreements reached at ENDESA, need to be carried out in a spirit of dialogue and mutual understanding and reflect the common interests mentioned above, 
 
 
IT IS HEREBY AGREED 
 
FIRSTLY: That both parties adopt, as fundamental principles of the present protocol: compliance with international labour standards, and in particular the ILO conventions on trade union freedom and the right to organise and international standards on the respect of human rights; the strictest respect of standards and required behaviour in the area of Safety, Health and Prevention of Occupational Hazards; viewing the vocational training of workers as a qualification instrument that is mutually beneficial to the two parties; the commitment to provide a service of the highest quality; and supporting and upholding the ENDESA expansion plans which enable its activities and employment to grow. 
 
 
SECONDLY: To establish a channel of dialogue and international trade union consultation within ENDESA at the highest organisational level, as an effective tool for achieving an adequate exchange of relevant information between the two parties. 
 
 
THIRDLY: That at least once a year, or whenever required by the relevant nature of the topics to be discussed, an ICEM representative will take part in one of the meetings established in the &ldquo;AGREEMENT dated 25.10.2000 BETWEEN THE GENERAL MANAGEMENT OF ENDESA AND THE TRADE UNION REPRESENTATION&rdquo;, in which the questions provided for in said agreement shall be addressed in an international perspective. 
 
 
FOURTHLY: That, independently of what has been established in the previous agreement, whenever the relevance of the topics to be dealt with so justifies, and in any event, at least once every six months, Endesa&rsquo;s Corporate Human Resources Management will meet with the highest officials of the signatory trade unions, and that this meeting will be attended by one ICEM representative for each country other than Spain in which ENDESA has companies that it controls. 
 
4.1. The basic content of this type of meeting will be the analysis and mutual exchange of information concerning the most relevant happenings in the labour area, as well as the short and medium-term outlook, and specifically as regards the evolution of employment. 
 
Additionally the two parties may agree on and adopt initiatives to achieve the basic objectives and principles that inspire the present agreement, including participation in international programmes that are consistent with the jointly adopted principles. In keeping with this, both parties consider it a matter of priority to work to draw up a code of conduct which is consistent with said principles. 
 
4.2. In order to render the objective of dialogue and consultation compatible with the good functioning of the meetings, the trade union representation will attend these meetings accompanied by officials who can guarantee that the topics are addressed in an adequate fashion. 
 
4.3. In order to assist the effectiveness of the meetings, ENDESA will provide those attending these meetings with the communication systems enabling them to maintain contact among themselves and with the trade union organisations signing the present agreement. Likewise, ENDESA will bear the reasonable costs of organising and attending said meetings and will set the venue of the meetings in agreement with the signatories. 
 
4.4. The agendas of the meetings will be distributed in advance by ENDESA management to those attending. 
 
Where proposed by either party with sufficient notice, it may be agreed that the meetings address other topics that are considered relevant in terms of their general or current importance. 
 
 
FIFTH. That the contacts and the information exchanged between the parties under the protection of the present agreement shall not replace or interfere with labour relations at the local level. 
 
 
SIXTH. That the information provided by Management at these meetings may be declared by the latter to be restricted and confidential, whenever its dissemination to competitors or to the general public could be detrimental to the economic interests of the Enterprise or to the proper execution of the business plans. 
 
In these cases, those attending commit to maintaining confidentiality and professional secrecy on the topics discussed and on the information and documentation provided by the Enterprise in such meetings. 
 
 
SEVENTH. That ENDESA and the trade unions signing the present agreement will disseminate its content to all companies, in the international area, over which ENDESA exercises control. 
 
Any information published externally about the present agreement will be mutually agreed by the parties. 
 
 
EIGHTH. That the present agreement will be valid until 31 December 2003, unless its extension is expressly agreed between the parties. 
 
 
And in witness of their acceptance of all the foregoing, they sign the present agreement in quadruplicate, at the place and date indicated in the heading. 
 
 
 
For ENDESA 
Rodolfo Mart&iacute;n Villa 
 
For FIA UGT 
Josu Frade Odriozola 
Rafael Miranda Robredo 
 
For F.M. CC.OO 
Ignacio Fern&aacute;ndez Toxo 
 
 
For ICEM 
Frederick R. Higgs

Text of the ICEM Global Agreement with Endesa

AGREEMENT 
 
Between 
 
FELLESFORBUNDET/ICEM 
 
and 
 
NORSKE SKOGINDUSTRIER ASA 
 
on 
 
THE DEVELOPMENT OF GOOD WORKING RELATIONS 
 
IN NORSKE SKOGINDUSTRIER&rsquo;S WORLDWIDE OPERATIONS 
 
1. PREAMBLE 
This agreement has been concluded between Norske Skogindustrier ASA, hereafter referred to as Norske Skog, and Fellesforbundet (The Norwegian United Federation of Trade Unions) and the ICEM (International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions). 
 
The agreement is based on the signatories&rsquo; joint commitment to respect basic human rights and trade union rights in the community, and to achieve continuous improvements within the areas of working conditions, industrial relations with the employees of Norske Skog, health and safety standards at the workplace and environmental performance. 
 
On the basis of the company&rsquo;s core values - openness, honesty and co-operation - the parties agree that they should actively co-operate locally, nationally and internationally. Co-operation is to be built on mutual respect, confidence and freely available and honest information. This ensures the possibility for the employees to influence decisions through consultation with the management. 
 
This agreement relates to all Norske Skog operations where the company has direct control as owner. Where Norske Skog does not have a controlling interest it will use its fullest influence in order to secure compliance with the standards set out in this agreement. 
 
Norske Skog will notify its subcontractors and suppliers of this agreement and encourage compliance with the standards set out in paragraph 2 below. 
 
 
2. CONDITIONS OF EMPLOYMENT 
Both parties underline the fact that they respect fundamental human rights and trade union rights, both in the community and at the workplace. The parties also wish to promote these rights in the company&rsquo;s supply chain and with customers. 
 
Within the company&rsquo;s own field of business the top manager for each business unit is responsible for ensuring that the following minimum rules and ILO conventions are not broken: 
 
a) Freedom of association and collective bargaining 
 
All workers shall have the right to be members of trade unions. These unions shall have the right to be recognised for the purpose of collective bargaining in conformance with ILO Conventions 87 and 98. Workers&rsquo; representatives shall not be subjected to any discrimination and shall have access to all necessary workplaces in order to carry out their duties as representatives (ILO Convention 135 and Recommendation 143). The employer shall take a positive attitude to trade union activities, including organising. 
 
b) Discrimination 
Equality of opportunity and treatment shall be guaranteed regardless of race, colour, gender, religion, political conviction, nationality, cultural origin or other irrelevant factors (ILO Conventions 100 and 111). 
 
c) Health &amp; Safety 
 
The parties believe that every employee has the right to a healthy and safe working environment. Norske Skog is committed to providing this. To achieve industry best practice the company will involve and work with the employees, their representatives and trade unions, to continually improve the company&rsquo;s health and safety performance. 
 
d) Forced labour 
 
Forced labour, including slave and penal labour (ILO Conventions 29 and 105), shall not be used, neither shall employees be required to pay any deposit or leave their identity papers with the employer. 
 
e) Child labour 
Child labour shall not be used. Only workers over the age of 15 - or over legal school age or the age of 18 in connection with hazardous work - may be employed (ILO Conventions 138 and 182). If this commitment is, or has been, violated by Norske Skog, the company will ensure that adequate educational opportunities and adequate interim financial support will be given. 
 
f) Wages 
 
Wages and benefits paid for a standard working week shall at least be sufficient to cover the basic needs of the worker and his or her family. 
 
Deductions shall not be made from wages as a disciplinary measure. All employees shall receive clear information in writing about the wage scales and deductions from pay before they are employed. Information regarding pay and deductions should be provided to employees each time wages are paid, and these should not be changed other than by written consent of the individual worker or by collective agreement. 
 
g) Employment conditions 
 
Employment shall, as a main rule, be based on permanent employment. Temporary and part-time employees should as a main rule receive the same relative terms and conditions as fulltime permanent employees. All employees shall have the opportunity to take part in relevant educational and training programmes. 
 
 
3. IMPLEMENTATION 
a) Norske Skog will ensure that appropriate translations of the agreement are available at all workplaces. The agreement will also be made public on Norske Skog&rsquo;s website and Intranet. 
 
b) Both parties accept that effective local monitoring of this agreement must involve the local management, the workers and their representatives, health and safety representatives and local trade unions. 
 
c) To enable local representatives to play a full role in the monitoring process, they will be given adequate time for training and involvement in the monitoring process. The company will ensure that local representatives are provided with information, access to workers, and rights of inspection necessary to effectively monitor compliance with this agreement. 
 
 
4. INFRINGEMENTS OF THE AGREEMENT 
In the event of a complaint or an infringement of the agreement the following procedure will normally apply: 
 
a) Firstly, the complaint should be raised with the local site management. 
 
b) If the complaint is not resolved with local management, it should be referred to the appropriate national union who will raise the issue with the company&rsquo;s regional president. 
 
c) If still unresolved, the complaint will be referred to the ICEM Brussels office who will raise the matter with the company&rsquo;s Corporate Management. 
 
Where infringements are found, these shall be reported to the responsible member of management, who will ensure that relevant corrective measures are implemented. 
 
 
5. ANNUAL REVIEW 
 
The signatories to the agreement will hold an annual meeting in order to review the principles, practice, effectiveness, and impact of the agreement. The aim shall be to exchange views regarding the current situation, and jointly develop further good working relations in Norske Skog. 
 
At these meetings leading ICEM / Fellesforbundet representatives, the Chief Shop Steward of Norske Skog, and representatives of Norske Skog Corporate Management will participate. 
 
The original English version of this agreement will apply in all parts and to all interpretations of the agreement. 

6. INFORMATION 
Fellesforbundet/ICEM will distribute copies of this agreement to all its member unions that organise employees in Norske Skog companies world wide, and broadly publicise the existence of the agreement. 
 
Likewise, Norske Skog will distribute copies of this agreement to all Norske Skog locations, their partners and contractors in the language(s) of the country concerned and will inform the local management about the conclusion and content of this agreement. 
 
 
7. ADMINISTRATION AND INTERPRETATION 
Fellesforbundet, ICEM and Norske Skog are responsible for the administration of this agreement. 
 
Questions regarding the interpretation of the agreement shall be resolved in accordance with the procedure jointly agreed to by the parties in point 4 above. 
 
The provisions of this agreement represent minimum standards applicable to all Norske Skog operations, and should be improved upon where possible. 
 
 
8. DURATION AND RENEGOTIATION 
This agreement is valid for a period of 2 years, after which it may be prolonged or renegotiated. 
 
 
Norway/Lysaker, 24 June 2002 
 
 
Norske Skogindustrier ASA 
Jan Rein&aring;s, President and CEO 
ICEM&nbsp; 
Fred Higgs, General Secretary 
 
Fellesforbundet&nbsp; 
Kjell Bj&oslash;rndalen, President

Text of the Global Agreement between ICEM and Norske Skog

In a major rebuff to the Australian government, the OECD has criticised its handling of a complaint on breaches of OECD guidelines by global minerals giant Rio Tinto. The Australian government will now have to deal with the complaint on its merits - and this could mean further trouble for the company. 
 
A senior intergovernmental committee of the OECD - the Committee on Investment and Multinational Enterprises - issued a ruling on 10 December in Paris that has now been released publicly. It deals with a formal complaint lodged by the Australian Council of Trade Unions (ACTU) in April 1998 regarding Rio Tinto's multiple breaches of the OECD Guidelines for Multinational Enterprises - a voluntary code with which the company claims it complies. The OECD Guidelines require that companies respect the rights of their employees to bargain collectively and promote collective bargaining. 
 
Rio Tinto has been embroiled in a series of major industrial disputes in Australia, essentially over its attempts to deunionise its operations there. 
 
The Australian government rejected the ACTU's complaint in February 1999, claiming that Rio Tinto compliance with Australian law was sufficient to comply with the Guidelines. It also argued that Rio Tinto was not really a multinational enterprise - even though it has over 60 operations in some 40 countries and all senior management in its London head office. The government refused to deal with the substance of the complaints. 
 
The ACTU therefore took the matter directly to the OECD, which has ruled the Australian government is wrong on both counts. 
 
John Maitland, National Secretary of Australian mining union the CFMEU, described the result as a victory for unions and a major international embarrassment to the Australian government. 
 
Maitland is also President of the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), to which the CFMEU is affiliated at the global level. Together with a broad alliance of campaigning organisations, the ICEM has been pressing Rio Tinto to improve its respect for the environment and for human rights worldwide, notably trade union rights and the rights of indigenous peoples. 
 
&quot;On the advice of Rio Tinto and [Australian industrial relations minister] Peter Reith, the Australian government thought it could escape its obligations to apply OECD standards for trade union rights through the spurious use of technicalities,&quot; Maitland said. &quot;Instead, the OECD effectively said 'no way'. The ACTU has cited independent findings of conduct that constitute multiple breaches of the OECD Guidelines by Rio Tinto and these must now be dealt with. 
 
&quot;The outstanding question now,&quot; Maitland insisted, &quot;is whether the coalition government is going to stick with their big business mates in flouting OECD standards. Or are they going to finally live up their responsibilities as a member government of the OECD?&quot; 
 
The OECD ruling creates further difficulties for Rio Tinto, coming on the heels of allegations in the United Kingdom over serious pollution at the company's former Capper Pass tin smelter, and litigation by environmental and indigenous groups in Canada over its Diavik diamond mine. 
 
An ICEM meeting of unions from Rio Tinto's operations worldwide will be hosted in Australia next February by the CFMEU.

OECD Rebuffs Australian Government Over Rio Tinto Case

Australian miners' union the CFMEU today called on Rio Tinto, the world's biggest mining company, to reinstate illegally sacked workers at the company's Gordonstone mine. 
 
The miners were fired by the previous owners of the mine, Arco, but when Rio Tinto bought Gordonstone, it opted to restart operations there with a group of hand-picked employees on a non-union contract. 
 
The union's renewed call to the company follows a strange ruling today by the Australian Federal Court. The court found that it does not have the power to overturn a decision of the Full Bench of the Industrial Relations Commission, even though the Commission had erred in law. The CFMEU is now considering its legal options. 
 
The union had appealed to the Federal Court to uphold a ruling by Commissioner Hodder last year that the illegally sacked Gordonstone mineworkers should have preference of employment when the mine reopened. The company appealed against Commissioner Hodder's decision before a Full Bench of the Commission, which upheld the appeal by a 2-1 majority. The Federal Court ruled today that the Full Bench of the Commission had erred in law in quashing Commissioner Hodder's decision. However, the Federal Court said that under Australia's Workplace Relations Act, it did not have the power to quash the Full Bench of the Commission's decision. 
 
The Federal Court also ruled that the Commission was wrong when it registered a non-union Certified Agreement involving secretly recruited employees hired by a Rio Tinto $2 shelf company. The Court ruled that this Certified Agreement was void because it was registered before the business was operational. 
 
CFMEU Mining and Energy Division General President Tony Maher welcomed the Court's quashing of the Gordonstone non-union agreement. 
 
While the CFMEU had won the case &quot;hands down&quot; in the Federal Court, Maher said, the illegally sacked Gordonstone miners were robbed of justice by the combined effects of a legal technicality and two serious legal errors of the Industrial Commission. The Federal Court ruled that the Full Bench of the Industrial Commission got it wrong when they quashed Commissioner Hodder's decision and they got it wrong again when they allowed Rio Tinto's $2 shelf company to register a Certified Agreement. 
 
&quot;What sort of a system is it when workers are recognised as right in law and yet are allowed to become the victims?&quot; Maher asked. &quot;We will be examining all our options and will be consulting the labour movement as this decision has implications for all workers.&quot; 
 
He called on Rio Tinto to cease victimising the sacked workers and to employ them. 
 
At the global level, the CFMEU is affiliated to the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), which is part of a broad international alliance of organisations campaigning for big improvements in Rio Tinto's environmental performance and in its respect for human rights, including trade union rights and the rights of indigenous peoples.

Australian Miners Win Court Victory But No Justice

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