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Over the last six months, public opposition has been growing in the eastern Indian State of Bihar over plans for a factory to manufacture asbestos products. Local residents took to the streets en-masse on 10 February in the state capital Patna in a rally coinciding with the group "Citizens Forum Against Asbestos" submitting a memorandum seeking the cancellation of the industrial license given to the proposed factory. 
 
The campaign against the new factory is now pressuring the federal Indian government to offically impose a nationwide ban on the large-scale import of asbestos. Bihar state Chief Minister Nitish Kumar shifted blame from his administration to the national government. "This factory has received the environmental clearance from the government of India. There should be a uniform policy, and asbestos factories stopped all over the country," he stated. 
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Construction at the Balmukund Cement and Roofings Ltd. (BCRL) factory has now been suspended. 
 
While India’s national government has banned the mining of asbestos, it allows trade, manufacture, and use of the mineral, despite proven dangers of inhaling asbestos fibre. World Health Organisation (WHO) estimates that 90,000 people die of asbestos-related illnesses every year. The White Asbestos Bill is currently pending in the Indian Parliament and awaits further debate. The legislation would ban the use and import of the deadly mineral. Almost half of the imported asbestos into India is mined in Canada. 
 
Inhaling asbestos fibre or dust can result in the painful and eventually fatal condition called mesothelioma, a form of lung cancer. Most patients are poor workers without access to medical care. Asbestos is banned in the European Union, Australia, and Japan.
A much-criticised memorandum of understanding was signed on 31 December 2010 between the Board of Trade of Montreal, Canada, and the Indian Chamber of Commerce for the "safe" use of asbestos. The agreement is seen as a clear disregard for the health of Indian workers, as profit-motive is the priority for both groups. The inclusion of a representative of Balcorp Ltd., a major asbestos miner and exporter, in the trade mission to India led by Quebec’s Economic Development Minister earlier this month, has caused much concern for Indian activists.

Mass Popular Protests against Proposed Asbestos Factory in Bihar, India

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In Spain early this month, national union federations DGB of Germany and CC.OO and UGT of Spain were full social partners at the 23rd Spanish-German Summit. In common, they took the opportunity to issue a strong statement that government measures stemming from the economic crisis have benefited markets, but done nothing for social cohesion. 
 
The national trade union centers also took issue with German Chancellor Andrea Merkel’s economic proposition heading into the summit to restrict wage growth by linking salaries to productivity and inflation. Leaders of the three federations – Michael Sommer of DGB, Ignacio Fernández Toxo of CC.OO, and Cándido Méndez of UGT – were part of a tripartite event at the summit that also included CEOs from Telefónica, Deutsche Telekom, Iberdrola, Siemens, Acciona, and other corporations. 
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In the statement, the federations said compliance with “the agenda established at the G20 in London for new regulation of the international financial system” must be a priority. They also gave full support to the European Trade Union Confederation’s (ETUC) rejection of European Commission proposals for financial governance, and bluntly said, “Today’s European governments aim to lay the burden of the crisis on workers and pensions.” 
 
Citing social inequality as a trigger to the economic collapse, the statement said structural reform and fiscal consolidation concerning pensions overhaul, welfare cut-backs, and weakening of collective bargaining laws “will not lead to the recovery of the European economies. Quite the opposite. This erroneous conception is holding back a solution to the crisis and promoting social injustice.” 
 
The statement also hit out at judgments from the European Court of Justice that wrongly regularize social and wage dumping, including the Vikking, Lava, Rüffert, and Luxembourg cases. 
 
The DGB, CC.OO, and UGT also said it agrees with analysts who say “Europe is losing its values and its soul,” and used as case example Tunisia and the fact that European governments held back until the very end condemnation of dictator Ben Ali and support for a people’s democratic movement.

DGB, CC.OO, UGT Forge Common Ground on Euro Jobs, Economy

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In historic levels of unity among members of ICEM-affiliated IGBCE in Germany, the union's chemical workers announced on Friday, 11 February, they will seek a 7% pay increase in contract talks beginning this week on 16 February. The wage round covers 550,000 workers in 1,900 companies of the chemicals sector for a period of 12 months. 
 
Negotiations will be held on a regional basis, with the North-Rhine region to begin first, followed shortly after by other regions. 
 
Peter Hausmann, IGBCE Governing Board member, who heads the union’s Collective Bargaining Department, said the figure of 7% had been agreed following production growth in the sector for 2010 of 11%, and companies realising an average 17.5% increase in revenues. The industry is on its way to returning to levels before the global recession, as Europe's largest economy recorded its best figures last year since the reunification of Germany. 
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Hausmann explained that intensive plant-level talks had been on-going since December, in all nine regions. The unanimity of the position of all districts is significant, and rare in recent years. 
 
Last year’s agreement saw IGBCE agree to a concessionary wage freeze in view of the financial crisis. IGBCE President Michael Vassiliadis stating at the time, “It is fair considering the varying conditions in the industry and it helps build a bridge between the economic crisis and recovery.” 
 
Similar pay compensation will be sought by Verdi and IG Metall, and in the clothing and insurance sectors.

IGBCE Aims for 7% Increase in German Chemicals Sector

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Ukraine last week became the 25th country in 16 years to ratify of ILO Convention 176, the Safety and Health in Mines Convention. The country’s Parliament, the Verkhovna Rada, on 15 February gave approval to the set of mine safety standards by a vote of 311 out of 418 MPs present. 
 
The effort was spurred by ICEM’s two mine union affiliates in the eastern European country, the Coal Industry Workers’ Union of Ukraine (PRUPU) and the Independent Trade Union of Miners of Ukraine. Leaders of both unions, Victor Turmanov and Mikhail Volynets, are members of the Rada.
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PRUPU's Victor Turmanov 
The bill, No. 0195, was initiated by Ukraine President Victor Yanukovichem on 10 November 2010, and now awaits the President’s signature. Once signed, the Convention will take effect in 12 months, with the expectation that Ukraine’s national laws on mine safety will be updated to comply with the global standards. 
 
“Ratification of Convention 176 signals Ukraine’s commitment to safety and health protections for workers in one of the world’s most dangerous occupations,” said ICEM General Secretary Manfred Warda. “We welcome this legislation and congratulate our trade union affiliates for advancing this inside Ukraine’s government.”
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Mikhail Volynets, Independent Trade Union of Miners 
The ICEM views ratification of Convention 176 as the precursor for improving a country’s national mining laws. The Convention spells out responsibilities for government, employers, and workers and their representatives, and specifically gives miners the right to report hazards, dangerous conditions and accidents, as well as the right to refuse unsafe work. 
 
For employers, Convention 176 places responsibility on them to not only remove workplace hazards, but remove the causes of those hazards. Employers are responsible for ensuring adequate underground ventilation and providing double exits in mines. The Convention also mandates that employers provide adequate safety training programmes to workers and ensure a regular routine of occupational health surveillance of miners. 
 
Of vital importance, the Convention gives workers and their trade unions participation in inspections and accident investigations, and allows workers to select their own safety and health representatives in full partnership with employers and governmental regulatory bodies. 
 
Ukraine is the fourth country in the past three-and-a-half years to ratify ILO Convention 176. In January 2010, Bosnia/Herzegovina ratified the Convention, while Luxembourg ratified it in April 2008 and Peru in June 2007. 
 
The ICEM established a campaign on country ratification of ILO Convention 176 at its 2007 Congress, and information on that campaign can be found <a href="/en/209-ILO" type="internal">here</a>.

Ukraine Ratifies ILO Convention 176, the Safety and Health in Mines Convention

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Juan Linares Montufar was released from jail today, in what trade unionists around the world are calling a victory for international solidarity against the repressive Mexican government. The release, in which more details will be forthcoming, comes one week after trade unions around the world conducted a week-long "Global Days of Action" for trade union rights in Mexico. 
 
Linares was a political prisoner, held illegally since 3 December 2008 and without bond since his arrest. The sham charges against him all relate to the transfer of funds from a Trust created by his trade union, the National Union of Mine, Metal and Steel Workers (SNTMMSSRM) to the union. His detention is one part of the campaign of trade union intimidation and repression by the Mexican government.
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Juan Linares is the President of the Oversight and Justice Council of the SNTMMSSRM, also known as Los Mineros. 
The transfer of the trust funds was perfectly legal under Mexican law; in addition to being a protected exercise of trade union autonomy under ILO Convention 87. Two state charges against Linares were dismissed during his time incarcerated, but a federal charge against him was dragged out while the courts denied him bail. 
Linares was held at the Reclusorio Norte prison in Mexico City. He received regular visits from his family, other Mineros leaders, and international trade union delegations from around the world. To all his visitors, Linares had one message: “I could walk out of this jail tomorrow if I were willing to betray my union. But I will never do that.”

Mexican Trade Unionist Juan Linares Released from Jail

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A joint affiliate of the ICEM and the International Textile, Garment, and Leather Workers’ Federation (ITGLWF), the Free Trade Zones and General Services Employees’ Union (FTZ&GSEU) of Sri Lanka, is in crucial need of international support, as workers at a branch of the union face severe intimidation by both management and police. 
 
Industrial relations at a women’s underwear factory owned by Canadian-based Bratex Pvt. Ltd. has been bad since managers failed to make scheduled bonus payments due in January 2010. The date coincides with a new human resources director, Dusmantha Kumarasire, coming into the plant. 
 
Following that, there was a long period of FTZ&GSEU asking for dialogue with the company, but with no result. Kumarasire and Bratex continued to avoid negotiations even after the Sri Lanka Board of Investment called for talks. 
 
The salary increment had been agreed to under a Memorandum of Settlement between Bratex and the union before Sri Lanka’s Assistant Commission of Labour on 21 December 2009. But on 16 February 2010, a government official arrived at the plant with armed personnel. Siripala Amarasingha, an assistant to Sri Lanka’s President for labour matters, boasted to textile workers of his record in suppressing 23 labour disputes, and warned workers against involvement in the union. 
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Amarasingha also instructed management not to avoid the union on salary talks and when this became known, workers took strike action on 18 February 2010. The strike ended when promises – now broken – were made to FTZ&GSEU Joint Secretary Anton Marcus. 
 
Of further abuse to workers, who number 1,000 with 85% of them women, were the floods in May 2010. Many workers found it impossible to travel to work, and Bratex forced to them to work for no compensation for three days, or risk losing salaries and an attendance bonus. 
 
Company-police collusion increased in early January 2011 when officers showed up at a party to identify union activists. Bratex has provided two automobiles to local police, who use them patrol workers’ neighbourhoods and go house to house in pursuit of union activists. 
 
On 11 February, workers went on strike again. Two workers, Amal Santha and U.W. Gayan Predeep Kumara, were detained on 14 February. The arrests prompted a protest by Bratex outside the police station demanding their release. Protesting workers were then attacked by police and three more workers were arrested. 
 
Last week, 20 union activists were sacked inside the plant. The ICEM and ITGLWF are grateful to the Clean Clothes Campaign for assisting Bratex workers in this blatant abuse of trade union rights. 
 
Click here for <a href="/sites/default/files/migration/icem/1102.sri%20lanka%20textiles%20women%20contact.doc" type="internal">contact information to send your protest</a> to the Sri Lankan government, police, and Bratex management. Demand an immediate end to harassment of workers by both police and mangers, reinstatement of the dismissed workers, and an immediate start to dialogue to make workers whole for their lost salaries.

Union Busting of Textile Workers in Sri Lanka Follows 2010 Strike

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On 19 November 2010, a massive methane gas blast inside Pike River Coal Ltd.’s New Zealand colliery killed 29 miners, including 11 members of ICEM affiliate Engineering, Printing, and Manufacturing Union (EPMU) and 13 contract workers. In the 15 weeks since, the government of Prime Minister John Keys has let down the victims’ families on the recovery of bodies, and now has barred the EPMU from federal funds for legal representation in the follow up investigation. 
 
On 14 February, the Key government announced legal cost assistance for the EPMU to the Royal Commission of Inquiry’s investigation was denied. 
 
Attorney General Chris Finlayson called the union an “advocacy organisation” and said there should be no extra help extended to the EPMU in “doing its job for its members.” The government will pay the legal costs for families of victims and for all contractors in the commission’s inquiry, which is expected to begin late this year with a report out no later than March 2012. 
 
“The EPMU has a material stake in the Royal Commission of Inquiry into the Pike River coal mine disaster,” said National Secretary Andrew Little, adding that any one of the 65 EPMU members in the 120-member staff of Pike River Coal Ltd. could have been a victim. 
 
“The government has overlooked the union’s legitimate interest in all of this,” said Little. 
 
A month before this mid-February decision, the Key government lowered the boom on families of the 29 miners by sealing the South Island mine, announcing a recovery plan had failed, and stating there was no credible way to retrieve the 29 bodies. 
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Families’ spokesman Bernie Monk
“It’s a bloody sad day for New Zealand,” said families’ spokesman Bernie Monk on 14 January. Monk’s 23-year-old son Michael died inside the mine. “They have not come to the families at all. How the hell are we going to get the truth if they don’t go in?” 
 
Key said in a press report that he made no promises to family members that remains of victims would be recovered. 
 
On 27 January, a chief coroner’s inquest said all 29 likely died within minutes of the first blast on 19 November. On 24 November, a second major blast rocked the horizontal mine shafts and then two more explosions occurred in the days following. 
 
A major issue in all investigations is sure to be location of large ventilation fans inside the mine, an unusual location in coal mining where methane gas is prevalent. Initial reports state that an electrical outage shut two large ventilation fans inside the mine. The coroner’s inquest said an electrician, Russell Smith, ventured into the mine to check on the outage and simultaneously, at 15h44 on 19 November, a 50-second explosion occurred. Some 600 metres in the mine, Smith came upon 24-year-old Daniel Rockhouse, an equipment operator who had been thrown from his machine. 
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NZ Congress of Trade Unions President Helen Kelly with Ian Murray and Tim Whyte, CFMEU Australia, at Pike River Memorial Service
The two managed to escape 108 metres up a ladder inside a ventilation shaft, exiting the mine at 17h26. The coroner’s inquest grants death certificates to the families. But their bodies remain locked inside the Pike River mine. 
 
In a twist of fate last week, the trustee for the Pike River Disaster Relief Trust, Greymouth Mayor Tony Kokshoorn, urged donors to shift their contributions to Kiwi earthquake relief efforts. The mine trust has received over 20,000 contributions totaling NZ$7 million. 
 
Some donations, Kokshoorn said, were earmarked for specific purposes, while NZ$6.5 million is targeted to provide financial help to families of the 29. He said the fund would begin transferring funds into individual family trusts, with a priority to place funds in trust deeds of dependents of the victims.

Aftermath of NZ’s Pike River Mine Tragedy Turns Ugly

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While the eyes of the world are on legitimate protests for democratic rights in several Arab countries, demonstrations last week in Iraq remind that democracy – or even a government with functioning civil laws and institutions – is still not a reality. 
 
Major clashes erupted in several Iraqi cities on 25 February, a “Day of Rage” in protest to corruption in government and failure by the al-Maliki administration to provide basic public services. 
 
But even before last Friday’s protests, trade unions in Iraq have conducted strikes and protests in demand of a new labour law that gives public-sector trade unions full and universal rights. The most recent strikes started on 13 February when an oil and gas workers’ branch of the General Federation of Iraqi Workers (GFIW) staged protests at facilities of the North Oil Co. in Kirkuk. 
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Jamal Abdel Jabbar leader of GFIW Branch at North Oil Co.
Workers are demanding improvements in pay, direct employment and pay hikes for temporary employees, and more opportunities for Kurdish workers. North Oil employs some 15,000 workers, of whom 3,700 are casual staff. They ear about US$210 per month, while other regular workers earn up to US$2,000 per month. 
 
The protest actions in northern Iraq were repeated on 24 February. The next day, as part of the “Day of Rage,” GFIW and its affiliates in Basra held protests demanding a labour law that would finally give Iraqi workers and trade unions rights. The demonstration in Basra by the GFIW also called for public policies to reduce unemployment especially among the young, basic services for all citizens, and improvements to ration cards. 
 
Reports state that 11 people were killed in Friday’s “Day of Rage,” mostly in clashes between protesters and policy on entering government buildings in different cities. 
 
One deadly incident occurred in the early morning hours of 26 February when extremists entered a petroleum refinery in Baiji, 170 kilometres north of Baghdad, and detonated a bomb. The bomb killed an engineer and severely wounded three workers. The explosion will severely cripple the largest of Iraq’s three refineries, with output of the 250,000 barrel-per-day refinery forecast to drop by two-thirds for the foreseeable future. Baiji refines crude oil into kerosene and gasoline.

Trade Union Protests in Iraq Signal Continued Political Instability

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Japan's strongest ever earthquake and consequent tsunami has caused devastation along Japan’s North-eastern coast. The ICEM is shocked and extremely concerned for all those affected, including many union members. Large numbers of messages of support and solidarity are being communicated from unions around the world to Japan. ICEM have offered heartfelt condolences for the loss of life. 
 
ICEM General Secretary Manfred Warda wrote to Japanese affiliates, via ICEM-JAF General Secretary Yoshio Sato, and President Ochiai, “It is with deep sadness that I and all in ICEM are receiving ever more news of the disastrous effects of the earthquake and Tsunami. All our solidarity is with the people of Japan. And our special thoughts are now with the comrades of Denryoku Soren. Please convey to them my best and heartfelt wishes that their members will be safe and the dangers that may come from the Fukushima power plant, which was so terribly hit by the earthquake, can be tackled.” 
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ICEM-JAF President, Kiyoshi Ochiai
The scale of the devastation and safety of union members and their families is now being assessed, and that process will take some time. Early reports are that all headquarter staff of ICEM affiliates, in Tokyo, are safe but there is much concern for their colleagues and members unaccounted for in the coastal region, especially the Tohoku area and workers in the electric and petroleum industries. ICEM-JAF General Secretary Sato today reported that the death toll in the Tokhoku Region could go well into the tens of thousands, and that the current situation there is desperate, with severe shortage of water, food, electricity, and gas. Train services have been severely disrupted, movement inside Japan is difficult. 
 
Sato-san also reports that brave members of Denryoku Soren are risking their lives working to contain the difficult situation at the Fukushima Power Plants, following explosions at reactors 1 and 3. They managed to prevent the spread of radiation, but continuing hydrogen explosions have injured operators. Engineers from Toshiba, members of the International Metalworkers’ Federation are working on the Fukushima reactors. The International Atomic Energy Agency and experts from abroad are present and assisting at the Fukushima plant. 
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ICEM-JAF General Secretary, Yoshio Sato
“We are touched with and appreciate from our heart your support and solidarity!” stated ICEM-JAF. 
 
ICEM affiliates can send <a href="mailto:icemjaf@blue.ocn.ne.jp">messages of condolence</a> and support to ICEM-JAF General Secretary Bro. Yoshio Sato here. Sato-san has explained that the ICEM-JAF are very grateful for the numerous offers of assistance, and that they need to first assess the situation and respond once it is known where the help is needed most. 
 
Top-level union officials are meeting today on coordinating volunteer rescue efforts and an aid fund. 
 
Dangerous aftershocks will continue, hindering rescue efforts. And another tsunami has not been ruled out. Damage to energy plants is causing wide reaching power-cuts, beginning today in Tokyo.

ICEM Concern for the People of Japan

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In April, the National Union of Metalworkers of South Africa (NUMSA) will begin searching for union members in the metals and engineering sector who retired between 1980 and 2001. The reason is that NUMSA last month won a long-running battle through arbitration with South Africa’s Steel and Engineering Industry Federation. 
 
The arbitrated judgement is an award for R20 billion (€209 million, US$290 million) in surplus pension funds that had been withheld by the employers’ federation for decades. 
 
NUMSA fought in court and through negotiation channels for the right to disburse the surplus entitlement funds. The money was accumulated in both the Engineering Industries Pension Fund and the Metal Industries Provident Fund since the 1950s. 
<img alt="" src="/sites/default/files/migration/icem/SouthAfricaFlag.gif" width="130" height="78"/>
The surplus was accumulated and held when worker contributions to the funds were never paid out to staff who had not reached the vesting scale of ten years employment, or when NUMSA members failed to claim pensions when they retired or resigned. ICEM-affiliated NUMSA began battling for disbursement in 2001, but the case was not resolved because employers imposed many legal entanglements to block any disbursement. 
 
The Steel and Engineering Industry Federation insisted that South Africa’s Labour Relations Act (LRA) apply in settling the issue. NUMSA and the Financial Services Board argued that surplus monies should come under the Pension Fund Act because the LRA had no provision for addressing pension issues. Finally, in 2008, the LRA was amended to address pensions and the two sides began negotiations. It was resolved in February through arbitration in the union’s favour. 
 
Some 1.5 million former and current NUMSA members will now benefit. A total of R11 billion (€115 million, US$160 million) will be paid out to former or retired members, while R9 billion (€94 million, US$130 million) will go into existing funds to buoy those funds for the benefit of current NUMSA members. 
 
Said NUMSA National Benefits Coordinator Samuel Tsiane, “Now it becomes our task to locate former members to deliver what belongs to them.” Tsiane said a small part of the pay-out will go to the union to achieve this and in April, NUMSA will utilise 450 people to conduct an initial ten-day blitz to identify retired or former metal or engineering staff. The pay-outs are expected to start being made in September.

NUMSA Wins 20-Billion-Rand Surplus Pension Case

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