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Justice was delivered in Australia last week for a construction trade unionist who faced jail time for exercising his basic trade union rights. Ark Tribe, a building tradesman and member of the Construction, Forestry, Mining, and Energy Union (CFMEU), was acquitted in Adelaide Magistrates Court on 24 November on charges he defied the Australian Building and Construction Commission (ABCC). 
 
His alleged crime: he refused to be interviewed by the ABCC&rsquo;s watchdog arm over what matters occurring inside a union meeting. Tribe faced six months in jail and a heavy fine for taking a stand in defense of his universally protected labour rights. Before a packed courtroom and hundreds of union supporters outside, Tribe, 47, was acquitted by Magistrate David Whittle on a technicality. 
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CFMEU's Ark Tribe
The acquittal and attention the case brought in Australia should be cause for the Australian Parliament to move forward and strip the ABCC of the over-reaching powers given it in 2005 by former Prime Minister John Howard. Then, the government gave the ABCC witch-hunt authority involving industrial actions that no other work sector in Australia has. 
 
On 30 May 2008, Tribe and others were working a construction project on Flinders University in Adelaide, South Australia, when serious safety violations caused a stop-work action. The workers met in a union meeting off-site, drew up a list of the safety concerns, and presented them to the site boss. It took CFMEU intervention and a South Australia state government safety regulator to correct the safety deficiencies, and after a few days work was back to normal. 
 
But the ABCC&rsquo;s coercive investigatory unit began interviewing workers as to what was said and by whom in union meeting. When it came Tribe&rsquo;s turn for the compulsory interview, he refused to cooperate. That&rsquo;s all it took for a possible six months in the slammer and a steep fine. 
 
Appearing at the Australian Council of Trade Unions (ACTU) Congress last year, Tribe, a rigger, said, &ldquo;I&rsquo;m here because like any other proud Australian, I believe that when injustice becomes law, then resistance becomes duty.&rdquo; 
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Noel Washington
Tribe&rsquo;s case is reminiscent of that of Noel Washington, a CFMEU Senior Vice President who faced similar charges by the ABCC for a lunch-hour meeting he held with construction workers in Victoria state in 2007. The ABCC demanded an account of comments made during the meeting and when Washington failed to show for the hearing, charges were brought. A state prosecutor dropped the case three days before his trial date late in 2008. 
 
The ICEM considers it a travesty that such an unjust statute criminalizing legitimate trade union activity is still on the books in Australia. Although there was a recent effort under the Labour Government to repeal the ABCC&rsquo;s watchdog powers, it failed. The Ark Tribe case should now be the springboard to finally rid Australia of this errant misuse of power by the ABCC.

Ark Tribe Acquitted in Australia Building Construction Trial

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ICEM Chilean oil worker affiliate Fenatrapech is protesting against attempts to cut 530 workers, an effort to weaken the trade union ahead of moves to privatise the state-owned ENAP (National Petroleum Company). Workers at the Bio Bio refinery in Central Chile held a 24-hour strike on 19 November to protest the management plan to cut its workforce by 15%, 530 of the total 3,380 employees. The Bio Bio refinery workers&rsquo; strike was followed by industrial action in the southern Magallanes region, where most of ENAP&rsquo;s exploration and production activity is based. For workers in the Magallanes region, there are very few employment alternatives available. 
 
The company is offering unacceptably low compensation packages to departing workers. 
 
The national government of President Sebastian Pi&ntilde;era plans to privatise much of the country&rsquo;s major industries, including the oil and gas producer ENAP. The latest job cuts are seen as a further step towards that privatisation. Earlier in the year, energy minister Ricardo Raineri said that ENAP could potentially follow the same model as Brazil's federal energy company Petrobras and sell a stake to private investors. 
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Fenatrapech President Jorge Matute
ENAP employees are represented by ICEM affiliate Fenatrapech, the national federation of oil workers, headed by President Jorge Matute. Matute has lead attempts to negotiate the redundancy issue with management, while ENAP have refused to come to the table, instead pressing ahead with job cuts. The first 300 cuts of the 530 total are due to take place before the end of 2010. 
 
This is just an attempt to weaken the union at the company in order to advance with the privatization process in the short term,&quot; states Matute. 
 
The union reports that workers in the industry are currently enduring very hard times, for those workers to be informed that they are losing their jobs is difficult to accept, especially as it falls in the same week as ENAP executives signed renewed and improved contracts for oil exploration and production exploiting two oil fields in Ecuador. ENAP employees took pride in the new contracts of the company, and see them as direct achievement of the staff. 
 
The Bio Bio refinery processes 116,000 barrels of oil per day, while the Magdallanes around 10,000. ENAP was hard hit by an earthquake last February. 
 
View the ICEM solidarity letter to Fenatrapech in Spanish <a href="/wp-content/migration/icem/22%20Fenatrapech%20ICEM%2029%20Nov.pdf">here</a>.

Chilean Oil Workers Fighting Job Cuts, Privatisation

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Negotiations to end a 23-week lockout by Honeywell Inc. against 228 members of United Steelworkers (USW) Local 7-669 in the US state of Illinois failed last week. The American company, which converts yellow-cake uranium into uranium hexafluoride (UF6) at the Metropolis, Illinois, plant, continued its inflexibility in finding a resolve to the dispute and to return experienced workers to their jobs. 
 
The 22-23 November bargaining came four days after many of the locked-out workers rode a bus throughout the night to demonstrate at Honeywell&rsquo;s corporate headquarters in Morristown, New Jersey. The manifestation was meant to convince senior Honeywell executives that it was finally time to conduct serious bargaining and end the lockout, according to Local 7-669 President Darrell Lillie. 
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Local 7-699 members at Honeywell's New Jersey offices, 18 November
But at last week&rsquo;s bargaining, Honeywell only agreed to pay workers their accrued 2009 vacation time in pay, something owed them anyway because most workers had been denied their legitimate work furloughs this year due to the lockout. Further bargaining is scheduled for 13-14 December. 
Meanwhile, the transnational technology and manufacturing company continues to use scab replacement workers to run the highly dangerous plant, one which transforms uranium into UF6 gas and then is frozen and sold for feed to the nuclear enrichment process. 
 
Honeywell has replaced the locked-out workers with 200 scabs from the Shaw Group, Unbelievably, the US Nuclear Regulatory Commission (NRC) granted certification to re-start the four-stage production process in September. Since, the NRC has issued a number of violations for work infractions. 
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Issues that separate USW Local 7-699 and Honeywell are retirement benefits and the company&rsquo;s demand to create a two-tier pension scheme; Honeywell&rsquo;s insistence on gaining broad contracting-out rights, which could mean the loss of many jobs and possible elimination of entire in-house departments; and weakening of workers&rsquo; seniority rights. 
 
Honeywell has offered a 3% pay increase, but its pension and work-rule demands are so detrimental that Local 7-669 has offered to accept a wage freeze for continuation of current contract items. 
 
The union has been uplifted by the tremendous support given workers by trade unions in southern Illinois, Kentucky, and elsewhere. Notably, Plumbers &amp; Pipefitters Local 160 of Murphysboro, Illinois, has provided money and food to locked-out steelworkers, and soon will hold a Christmas party for workers&rsquo; children. 
 
USW Local 550 in nearby Paducah, Kentucky, whose members are employed by US Enrichment Corp., a private sector company that buys Honeywell&rsquo;s UF6, also has contributed greatly, as has local branch unions of the United Mine Workers of America (UMWA) and the United Auto Workers (UAW). And recently, a financial contribution was sent to Local 7-699 from Germany&rsquo;s IGBCE union. 
 
Prior ICEM reports on this lockout in the US can be found <a href="/en/78-ICEM-InBrief/4066-Talks-Fail-Between-USW-Honeywell-in-US-Uranium-Lockout">here</a> and <a href="/en/78-ICEM-InBrief/3977-Lockout-of-USW-represented-Uranium-Processing-Plant-in-US-Continues">here</a>.

Talks Again Fail in Honeywell’s US Lockout of Steelworkers

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The ICEM expressed deep condolences to the families of 29 miners declared dead on 24 November at the Pike River coal mine disaster in New Zealand, as well as to their trade union &ndash; affiliate Engineering, Printing, and Manufacturing Union (EPMU). 
 
In a letter to EPMU National Secretary Andrew Little, ICEM General Secretary Manfred Warda said, &ldquo;It is with great sadness that the ICEM has learned of the deaths of 29 miners. Please accept my heartfelt condolences. 
 
&ldquo;We will now support your call for a full and thorough investigation into the causes of this terrible accident, and for all of the bodies to be returned as soon as possible to their families. The explosion illustrates the importance of our shared work in improving safety standards in mines, and moving the New Zealand Government toward ratification and proper implementation of ILO Convention 176, on safety and health in mines.&rdquo; (Full letter <a href="/wp-content/migration/icem/145.ICEM.EPMU.New%20Zealand.24Nov.pdf">here</a>.) 
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Inside Pike River mine, before accident, Photo: NZPA
The miners, trapped since 19 November by a horrid methane gas explosion at Pike River Coal Ltd.&rsquo;s coking coal mine inside the Paparoa Range on the South Island, were declared dead 24 November by police charged with rescue. (See ICEM&rsquo;s initial report <a href="/en/5-Mining-DGOJP/4115-Hope-Still-Alive-for-29-Trapped-Inside-Pike-River’s-New-Zealand-Coal-Mine">here</a>.) The police announcement came minutes after a second massive explosion that lasted 30 seconds occurred inside the company&rsquo;s mine of the Brunner coal seam at 14h37, local time, Wednesday. The Pike River mine is located 50 kilometres from Greymouth . 
 
Rescue attempts proved prohibitive for six days because of high levels of methane gas and carbon monoxide that were registered inside. News of the secondary explosion on 24 November and improbability that the 29 could have survived was brought to grief-stricken family members at 16h00 in Greymouth by Pike River CEO Peter Whittal. &ldquo;Exactly what we said would happen happened,&rdquo; he told reporters in explaining why rescuers had not been sent into the mine. Some 90 skilled mine rescuers, many flown in from Australia, were on standby for those five days. 
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EPMU National Secretary Andrew Little
EPMU National Secretary Little said: &ldquo;News of this second devastating explosion means there is now no prospect of a successful rescue and the lives of the 29 men trapped inside have been lost. It is time to let the families and the community grieve. 
 
&ldquo;Most of the miners killed were our comrades in the union, including Blair Sims who was an EPMU delegate at the Pike River mine,&rdquo; Little said. &ldquo;The EPMU will now make the practical arrangements to establish a fund to assist the families of the men whose lives have been lost.&rdquo; 
 
Little added the EPMU now calls on the government &ldquo;to establish an independent inquiry to investigate the circumstances of the explosion, including a public hearing in front of a senior judge and leading technical experts,&rdquo; adding the union will do everything possible to assist the investigation. 
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EPMU Delegate Blair Sims
Sims was a 28-year-old loving husband and father of two small children. He was an exceptional rugby player who for the past two seasons was New Zealand West Coast player of the year. Eleven of the 29 miners were EPMU members. Those perishing included 16 full-time workers of Pike River Coal Ltd., owned 31% owned by New Zealand Oil &amp; Gas Ltd., and 13 contract employees. 
 
Little, who received the news 90 minutes after the blast yesterday, told New Zealand media that &ldquo;miners are special people. They are the foundation rock that much of New Zealand was built on. When you lose special people like that, 29 all in one go, it is a hard thing. I don&rsquo;t think any of us can imagine what the families will be going through tonight.&rdquo; 
 
The EPMU is assisting by setting up the &ldquo;EPMU Pike River Miners Family Support Trust&rdquo; to collect donations to support the 29 families. See more information on how to give financial support to the families of the dead miners <a href="/wp-content/migration/icem/1011.EPMU%20Pike%20River%20Miners%20Family%20Support%20Trust%20-%20flyer.pdf">here</a>. 
 
&quot;Miners around the world are grieving their fallen comrades,&quot; said ICEM and South Africa's NUM President Senzeni Zokwana, &quot;our struggle continues to ensure our members safety at work.&quot; 
 
New Zealand Prime Minister John Key today will name a High Court judge along with two other high-level people to a Royal Commission of Inquiry to determine accountability for the Pike River tragedy. One of those members is expected to be an international mine safety expert. 
 
As well, other investigations will be conducted by Kiwi governmental agencies, and the EPMU will assemble its own team of legal and technical experts. Little welcomed Key&rsquo;s announcement after a Cabinet meeting today that a Royal Commission will convene. 
 
&ldquo;This is a huge disaster by any account and what we do in response will be scrutinized around the world, especially in other Commonwealth countries whose nationals were among those killed,&rdquo; Little said. 
 
Besides 24 New Zealanders who perished inside the Pike River mine, two Australians, two UK nationals who were Scotsmen, and one South African also died. 
 
See photos of all the lost Pike River miners <a href="http://www.nzherald.co.nz/pike-river-miners/news/headlines.cfm?c_id=1503001">here</a>.

Together with EPMU, ICEM Mourns Deaths of 29 Miners in New Zealand

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In this issue of the HIV/AIDS newsletter, we report on ICEM&rsquo;s Southern African Women&rsquo;s Workshop, which took place at the Midrand Conference Centre near Johnnesburg, South Africa, and we inform about the Global Fund&rsquo;s call for proposals, and we deal with funding gaps, which may soon lead to loss of lives. 
 
The ICEM Calls on its Affiliates to Contribute to this e-bulletin 
 
ICEM affiliates are engaged in a wide range of HIV/AIDS activities. To spread the information on new agreements, awareness, and prevention campaigns, and educational activities, affiliates and project coordinators are invited to send news and information to <a href="mailto:hiv.aids@icem.org">hiv.aids@icem.org</a>. Any feedback on the format and contents of the e-bulletin is also welcome. 
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ICEM Southern African HIV/AIDS Women&rsquo;s Workshop 
 
Participants at the Women&rsquo;s Workshop were proudly wearing their scarves with the slogan, &ldquo;Safe Sex Demands Equal Rights.&rdquo; This was the theme of the workshop, which was held in Johannesburg from 18-20 May with 26 participants from Botswana, Mauritius, Namibia, South Africa, Tanzania, Uganda, Zambia, and Zimbabwe. 
 
The decision to hold a women-only workshop was based on the need to identify specific challenges facing women, especially the empowerment of their sexual relations through the use of female condoms (femidoms). An HIV-positive woman from the Treatment Action Campaign (TAC) of South Africa stressed the importance of female condoms and demonstrated their use. Her example also stood out as she gave birth to an HIV-negative baby following the necessary treatment. 

<img alt="" src="" width="315" height="186" />
The workshop also discussed increasing access for women to prevention, treatment, and care and how to address violence arising from HIV and AIDS status. According to a facilitator from the Twaranang Legal Advocacy Centre, only 5% of perpetrators are brought to book. Women are discouraged by untrained police officers handling violence cases and by lengthy legal procedures. 
 
Intensive role play and group work completed the workshop programme. Participants called for a campaign to promote female condoms. They recommended that unions take a stand against violence; that the quality of counselling and testing be improved; and that police be trained to deal adequately with cases of violence. 
 
Another first of the workshop was that it was an almost paperless meeting. Participants were encouraged to save all workshop documents and presentations on memory sticks given to them as part of the workshop materials. 

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Global Fund Launches New Funding Round 
 
The Global Fund to Fight AIDS, Tuberculosis and Malaria launched its tenth call for proposals on 20 May. The deadline for submissions of proposals was fixed as 20 August. Thus, applicants will have three months to prepare their proposals, one month less than in recent rounds. 
 
There is considerable uncertainty whether sufficient funds will be available to pay for all of the Round 10 proposals that are recommended for funding by the Technical Review Panel (TRP). The Global Fund says that, currently, based on confirmed pledges, no money is available for Round 10. However, the Global Fund is in the middle of &quot;replenishment,&quot; with donors due to specify in October how much they expect to give to the Fund over the next three years. Thus, the amount of money available for Round 10 will certainly increase by the time the Global Fund Board approves Round 10 proposals at its meeting in December 2010. 
 
All proposals submitted by the closing date will be reviewed by the Global Fund Secretariat to ensure that they meet the Fund's eligibility criteria. Eligible proposals will then be forwarded to the TRP for consideration. The TRP will make recommendations to the Global Fund Board, which will make its decisions at its meeting scheduled for 13-15 December 2010. (In the past, all proposals recommended by the TRP for approval have indeed been approved by the Board, though sometimes they have been waitlisted pending funding availability.) 
 
The Round 10 proposal form and various support documents are available in six languages at <a href="http://www.theglobalfund.org/en/applynow">www.theglobalfund.org/en/applynow</a>. 
 
(Source: Global Fund press release; and Source: Global Fund Observer, Issue 124 of 21 May. GFO is a free service of Aidspan (<a href="http://www.aidspan.org">www.aidspan.org</a>); to receive GFO send an email to <a href="mailto:receive-gfo-newsletter@aidspan.org">receive-gfo-newsletter@aidspan.org</a>. 
 
The Global Fund Observer has also published a Guide to Round 10 applications which is available in English, French, Spanish, and Russian on the above website. 

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Malawi Moves to Adopt WHO Guidelines 
 
Developing countries like Malawi are calculating the cost of adhering to new World Health Organization (WHO) guidelines that recommend starting HIV-positive people on antiretroviral drugs (ARVs) sooner. 
 
Malawi is one of three African countries that have conducted WHO-supported feasibility studies to assess what adopting the new guidelines would mean, and has announced plans to roll out the new WHO guidelines by mid-2011. According to the feasibility study, the number of people on treatment would rise by about 50%, which could double the cost of the National ARV Programme in terms of additional drugs, personnel, and equipment, and would probably also mean waiting lists at many clinics. Malawi has a HIV prevalence rate of about 12%. 
 
Implementing the WHO guidelines would mean major changes to national treatment protocols: HIV-positive people would start taking ARVs at a much higher CD4 count of 350 (a measure of the viral load to ascertain when HIV-positive people should begin treatment). Like other countries in the region, it has begun treating HIV-positive pregnant women at the WHO-recommended CD4 count of 350, but the standard CD4 count threshold for initiating ARV treatment remains 250. 
 
Finance is among the major hurdles to adopting the guidelines, as well as infrastructure, supply-chain management, and health worker shortages. 
 
(Sources: IRIN PlusNews, Johannesburg, 27 May) 

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Eliminate Bottlenecks to End Mother-to-Child-Transmission 
 
Making services for the prevention of mother-to-child HIV transmission (PMTCT) available without addressing the factors that keep mothers from accessing these services was an exercise in futility, experts told a press briefing in the Kenyan capital, Nairobi. 
 
&quot;There are barriers that stop mothers from accessing prevention of mother-to-child transmission and treatment services, some of which include inadequate involvement of men and communities, and lack of information,&quot; said Chewe Luo, senior advisor on HIV/AIDS to the UN Children's Fund, UNICEF. 
 
Women might not be able to afford medical care or transport to a clinic; cultural taboos might discourage them from giving birth in medical facilities. &quot;We have to expand the scope of what we do to ensure that the burden of prevention does not fall on women's shoulders alone,&quot; Luo said. 
 
Virtual elimination of mother-to-child transmission in Africa - where 20 countries share over 85% of the global burden of mother-to-child HIV transmission - would be possible but only if HIV counselling and testing services were expanded so that all mothers had access to effective antiretroviral (ARV) prophylaxis and treatment. 
 
In 2008, globally, 430,000 children became infected with HIV, 90% of whom lived in sub-Saharan Africa. In the absence of access to ARV treatment, most of them would die within one year of birth, according to UNAIDS. Fareed Abdullah, unit director for Africa at the Global Fund to Fight AIDS, Tuberculosis and Malaria, promised that &quot;The Global Fund will refocus funding to ensure that priority is given to PMTCT programmes in the recipient countries, and more so in the 20 countries that share the 85% of the global burden of mother to child transmission of HIV.&quot; 
 
(Sources: IRIN PlusNews, Nairobi, 28 May) 

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Lost Funding Means Lost Lives 
 
As donors retreat from funding HIV and AIDS programmes, years of progress in HIV treatment are under threat and the lives of HIV-positive people are increasingly on the line, according to a new report by the international medical charity, M&eacute;decins Sans Fronti&egrave;res (MSF). Improved access to antiretroviral (ARV) treatment has saved lives, reduced the incidence of tuberculosis (TB) and new HIV infections, and strengthened health systems in many countries hard hit by HIV. But as funding diminishes, these gains are now in jeopardy, says the report, &ldquo;No Time to Quit: HIV/AIDS Treatment Gap Widening in Africa.&rdquo; 
 
Funding shortages in eight African countries have already led to drug stock-outs, treatment rationing, and the inability of most of the countries to adopt improved ARV regimens advocated by the World Health Organization (WHO), the report noted. &quot;About 75% of HIV funding in developing countries is international &ndash; you can't replace that in the short term,&quot; said Mit Philips, a health policy analyst at MSF and one of the report's authors. 
 
The recent decision by the US President's Emergency Plan for AIDS Relief (PEPFAR) to flat-line it&rsquo;s funding at 2009 levels and decrease annual budget allocations in coming years, has already led PEPFAR-supported clinics in South Africa to begin turning away patients. 
 
UNITAID, the international drug purchasing facility, is to phase out drug funding, leaving Zimbabwe, Mozambique, the Democratic Republic of Congo (DRC), and Malawi without funding for costly second-line ARV drugs by 2012. 
 
Dr Eric Goemaere, MSF Medical Coordinator in South Africa, called donor backtracking a &quot;moral betrayal. Years ago, countries in the southern Africa region were unsure that they could afford treatment, but they were told by the international community 'Set ambitious targets, we will follow with the money',&rdquo; he said. &quot;If this funding trend is confirmed, I would call it a moral betrayal for patients, who were told to be courageous and face testing because we would provide treatment; for the health staff, who managed to enroll more than four million people on treatment, and who are suddenly told not to enroll patients.&quot; 
 
The report predicted that if the downward trend in funding continued, ARVs would become increasingly inaccessible, which would lead to increased rates of mortality and hospitalisation among those living with HIV, and place a strain on already weak health systems. The report also warned that ARV patients may adopt risky strategies for coping with drug supply shortages, such as sharing pills, thereby increasing the likelihood of widespread drug resistance. 
 
(Source: IRIN PlusNews, Johannesburg, 27 May) 
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HIV/AIDS Project in India Scores Again 
 
The ICEM HIV/AIDS project in India, sponsored by the German pharmaceutical company Boehringer Ingelheim, has continued well into 2010 although funding ceased at the end of 2009. 
 
In the first five months of 2010, 24 courses and awareness meetings were held, under the auspices of the Indian National Mineworkers&rsquo; Federation (INMF) and coordinated by its General Secretary, BK Das. These activities did not only reach mineworkers but also school teachers and students in company schools, as well as paramedical staff in company clinics. 
 
The extension of the project was possible because companies had increasingly taken over some of the costs resulting in budgetary savings which could be deployed for organising additional activities. 

<img alt="" src="" width="40" height="40" />
Headaches for HIV-positive Travellers 
 
China recently became the latest country to lift travel restrictions on people living with HIV, following the footsteps of the US (see <a href="/en/72-HIV-AIDS/3492-ICEM-HIV-AIDS-e-bulletin-No.-50-November-2009">e-bulletin No. 50</a> of November 2009, and <a href="/en/72-HIV-AIDS/3582-ICEM-HIV-AIDS-e-bulletin-No.-52-January-2010">No. 52</a> of January 2010). 
 
&ldquo;Every individual should have equal access to freedom of movement regardless of his or her HIV status,&rdquo; UNAIDS Executive Director Michel Sidib&eacute; commented on China&rsquo;s decision. 
 
According to UNAIDS, 51 countries and territories still impose restrictions on the entry, stay and residence of HIV-positive people. Among those countries requiring an HIV test, usually for a stay longer than 30 days, are: the United Arab Emirates, Russia, Singapore, Egypt, and Iraq. 
 
The Inter-Parliamentary Union, at its 122nd Assembly, called for an elimination of all restrictions. It called on parliamentarians to play a leading role in removing them and also encouraged parliamentarians to support legislation and law enforcement to protect people living with HIV from discrimination. 
 
(Source: IRIN PlusNews, Nairobi, 6 May) 

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News from Global Unions 
 
The ICEM project in India is included in a documentation of good practices which was published by the ILO India Project, which is supported by the US Department of Labor. The publication is available on the website <a href="http://www.ilo.org/hivaidsindia">www.ilo.org/hivaidsindia</a>. 
 
The International Transport Workers&rsquo; Federation (ITF &ndash; <a href="http://www.itfglobal.org">www.itfglobal.org</a>) reports in its latest HIV/AIDS update No. 86 of 15 May on counselling and testing camps organised at Ethiopian international and domestic airports. The ITF also recently published the 4th issue of Agenda, an annual publication on HIV/AIDS and transport workers. 
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This ICEM HIV-AIDS Newsletter &ndash; How to Subscribe 
 
To subscribe to the e-bulletin, send an email to <a href="mailto:press@icem.org">press@icem.org</a>. Please put &ldquo;subscribe ICEM HIV/AIDS e-bulletin&rdquo; in the subject line.

ICEM HIV/AIDS e-bulletin - No. 57, June 2010

Some 2,000 Mexican federal troops used force last night to gain control over the Cananea copper mine. The federal police used tear gas and executed arrest warrants for union leaders of Section 65 of ICEM-affiliated Mexican National Miners&rsquo; and Metalworkers&rsquo; Union (SNTMMSRM) in northern Sonora state. 
 
Mexican troops overtook striking miners at 20h00 on 6 June at the gates to the mine. Reports early this morning said that troops stormed Section 65&rsquo;s union hall early on 7 June, also tossing tear gas that dispersed women and men present inside the building. 
 
The ICEM today issued another letter to Mexican President Felipe Calder&oacute;n, insisting that he &ldquo;stop the violent actions taken yesterday and today by your government against trade union members and their families.&rdquo; (The full letter can be seen <a href="/wp-content/migration/icem/64.ICEM.Emergency.Cananea.7June.pdf">here</a>.)
<img alt="" src="" width="90" height="109" />
It was the second time that the ICEM has sent a letter to Calder&oacute;n urging him to use restraint in this volatile labour dispute. In February 2010, the ICEM and International Metalworkers&rsquo; Federation (IMF) cautioned Mexico against using force to break the strike. 
 
The arrest warrants that arrived last night were for Section 65 Secretary-General Sergio Tolano Lizarr&aacute;go and Juan Guti&eacute;rrez Ballesteros, a National Executive Member of SNTMMSRM, or Los Mineros. 
 
The Cananea copper mine, owned by Grupo M&eacute;xico, has been shut since April 2007 when 1,200 miners began a strike over health and safety concerns and trade union rights. 
 
The ICEM is calling on trade unions to send a similar letter to the Mexican government as the one linked above, or use the model letter <a href="/index.php?id=5&amp;la=EN&amp;doc=3840">here</a>.

ICEM Calls on Mexico to Halt its Violence at Cananea

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Started in 2009 with the support of the Dutch national labour centre FNV, ICEM&rsquo;s Organising and Social Dialogue Project continued its seminars in Turkey last month. Regional seminars involving local union officials and militants in April were held in Thrace and Gebze, both areas considered to be emerging industrial zones that surround Istanbul. 
 
There are a number of multinational companies within ICEM sectors in both cities, some of which are organised by ICEM-affiliated trade unions. There are also a number of organsing efforts by the unions. 
 
With the overall objective to build Turkish trade union ability to recruit new members, as well as to discuss the establishment of a base to create a functioning industrial relations system, prioritizing human and trade union rights, and to promote healthy social dialogue, the seminar in Thrace was attended by 64 local trade union leaders, shop stewards, and militants from ICEM-affiliated unions, while those attending in Gebze numbered 68. 

<img alt="" src="" width="321" height="157" />
Participants at the Thrace, Turkey, workshop 
The Thrace seminar welcomed several international trade union leaders from the Netherlands, France, Germany, and Spain. Celil &Ccedil;oban and Mail &Uuml;rker of FNV Bondgenoten in the Netherlands, Sylvain Lefebvre and Jacques Caltot of French FCE-CFDT, Michael Wolters of IGBCE of Germany, and Isidor Boix of Spain&rsquo;s FITEQA-CC.OO exchanged the experiences and trade union knowledge from their countries. 
 
ICEM Health, Safety, Sustainability Officer Brian Kohler also shared his trade union experiences from Canada. During the seminar, a solidarity visit was made by the French delegation to the plant of Zentiva, a part of the multinational Sanofi-Aventis. The Zentiva plant is organised by ICEM Turkish affiliate Petrol-İş. At the time of the visit, there was a collective bargaining conflict. The French delegation met with company managers as well as workers, and it was decided to put the dispute on to the agenda of the European Works Council through the help of FCE-CFDT. 
 
The seminar in Gebze in May hosted international trade union leaders from the Netherlands, Germany, Denmark, and Sweden. Celil &Ccedil;oban and Mail &Uuml;rker of FNV Bondgenoten and Michael Wolters of IGBCE again participated, as did Mats Svensson from Sweden&rsquo;s IF Metall and Jorgen Juul Rasmussen of Dansk-El F&ouml;rbund of Denmark. 

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Participants at the Gebze, Turkey, workshop 
ICEM Central and Eastern European Coordinator Anatoly Surin shared his trade union experiences from Russia, as well. As a prompt practical result of the seminar, IGBCE&rsquo;s Wolters visited the plants of two German-based multinationals, Bayer and BASF, where he met with union officials and company managers with a view to enhancing social dialogue at local levels. It was decided to develop this particular agenda in the upcoming period. 
 
Both seminars got presentations from Turkish trade union expert &Uuml;zeyir Ataman, Director of Education and Collective Bargaining of Lastik-İş, on union history and the current labour relations situation in Turkey. Later, the seminar focused on Power and Weak Points, Challenges and Opportunities, and Concrete Organising Targets inside Turkey, with contributions and inputs by participants from different towns around both Thrace and Gebze. 
 
&ldquo;Both seminars in Thrace and Gebze created a good environment for international solidarity after many militants did get together with their comrades from different countries,&rdquo; said ICEM Rubber and Chemicals Industries Officer Kemal &Ouml;zkan, coordinator of the two-year project. &Ouml;zkan also made a presentation on globalisation and labour relations. 
 
The project will continue with similar seminars in the second half of 2010. One such session will occur in September in the city of Bursa, said to be the &ldquo;Detroit&rdquo; of Turkey for its auto industry, as well as being known as the capital of the textile and garment industry. The other will be devoted to youth organising in the Eagean region. That will occur in October. The project will close with a conference at the end of October in Ankara.

ICEM’s Turkish FNV Mondiaal Project Continues in Thrace, Gebze

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ICEM has traditionally been very active in Central Asia and the Caucasus region since the sectors it has membership in are major economic drivers in these countries. Within this framework, ICEM General Secretary Manfred Warda and Rubber and Chemicals Industries Officer Kemal &Ouml;zkan visited Armenia and Georgia in early May. 
 
In Armenia, Warda and &Ouml;zkan met Eduard Tumasyan, President of the Confederation of Trade Unions of Armenia and Levon Khachatryan, Executive Secretary and Head of the Education-Research Centre of the confederation. Warda stressed the importance of boosting the role of trade unions in shaping civil society, and said the Armenia trilateral agreement that was signed by the government, Trade Union Confederation and Employers&rsquo; Association on 27 April 2009, establishing extra guarantees regulating labour relations and requiring parties to engage in joint actions was a major step in this direction. 
 
Thanking the ICEM for the visit, Tumasyan stated the need to introduce new tools for developing labour relations in order to combat high unemployment through social partnering. 
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In Armenia, Levon Khachatryan; the Deputy Chair of the Textile and Light Industry Workers&rsquo; Union; Hrach Tadevosyan; the ICEM&rsquo;s Manfred Warda; Karine Aloyan; Anastas Pahlevanyan; and ICEM&rsquo;s Kemal &Ouml;zkan
A recent report issued by the International Trade Union Confederation (ITUC) on core labour standards in Armenia stated that the right to strike is limited, and most work rights for public-sector workers is banned. The report also says collective bargaining and tripartite agreements at the national level have been virtually non-existent until 2009. 
 
The ITUC adds that most workers are unable to exercise the right to unionise and bargain collectively due to flexibilisation in the labour code and the government&rsquo;s tolerance of a high level of informal employment relationships. 
 
The ICEM delegation also met with Anastas Pahlevanyan, President of the Mining and Metallurgical Workers&rsquo; Union, ICEM&rsquo;s lone affiliate in Armenia, Karine Aloyan, President of Energy Workers&rsquo; Union, and Hrach Tadevosyan, President of the Chemical Workers&rsquo; Union in a meeting arranged by the confederation. Mining is one of the important economic forces in Armenia, and a major portion of the state budget is financed by taxes yielded from mining. 
 
But the negative effects from the global economic crisis have been felt in the mines, where there are several multinational companies that have investments. In the city of Kapan, for example, Deno Gold Mining Co. was shut down for three months during the crisis, while more than 1,000 employees of Armenian Copper Program Co., located in Alaverdi, were also laid off. 
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This also holds true for the chemicals sector, where the biggest company, Nairit employing some 3,000 workers that produce rubber, laid off more than half its staff for over four months. In the energy industry, nuclear power takes an important position in generation and the unions raise major concerns on health and safety. 
 
Following a presentation by Warda, the parties decided to continue cooperation in the near future with training activities. 
 
The ICEM delegation then passed to neighbouring Georgia, where a first meeting was held with Irakli Petriashvili and Gocha Aleksandria, President and Vice President, respectively, of the Georgian Trade Union Confederation (GTUC). Petriahvili explained GTUC efforts to reform the trade union movement in Georgia, but admitted a number of challenges. 
 
He said changing the mentality of government, workers, and society as a whole is difficult, mainly because Georgia is considered a &ldquo;champion&rdquo; in adopting and practicing the prescriptions of global financial institutions such as the International Monetary Fund (IMF) and World Bank. 
 
This puts the trade union movement in a more precarious position, and carrying out union activities is next to impossible. The legal landscape tends to restrict union organising and collective bargaining. &ldquo;The existing labour law, in our view, is a declaration of rights of employers,&rdquo; stated Gocha Aleksandria. Warda conveyed the full support of the ICEM toward the struggle of trade unions in Georgia. 
 
According to last year&rsquo;s ITUC report, Georgia&rsquo;s Labour Code of 2006 severely reduced workers&rsquo; basic trade union rights through limitations on freedom of association and the right to organise, namely the threshold for establishing a trade union, which is excessively high. 
 
There are severe restrictions on the right to strike. Solidarity strikes are prohibited and in practice, trade unionists get threats and intimidations and face dismissals without explanations. The labour code and government authorities provide insufficient protection against anti-union discrimination, and the law grants a de facto green light to union busting and a marginalisation of collective bargaining. 
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ICEM's Manfred Warda, at Georgian Press Conference
The ICEM delegation then attended a press conference in which support was conveyed to the public over changing these positions. There was also a television interview of Warda with a national channel, and all ICEM messages were well covered by the national media. 
 
The ICEM delegation also met with Gocha Kvitatiani, President of Oil, Coal, and Gas Industry Workers&rsquo; Union, an ICEM affiliate, representing around 4,000 members; Naumi Nebieridze, President of the Energy Workers&rsquo; Union, representing 5,000 members: and Amiran Zeniashvili, Vice-President of the same union; and Tamaz Dolaberidze, President of the Mining, Metallurgical and Chemical Workers&rsquo; Union, which represents some 11,000 workers. 
 
All the union officials explained the difficulties in their respective sectors in carrying out union activities. Warda presented the ICEM and its activities to a group composed of 25 union leaders from the three unions and the GTUC. It was then decided to deepen solidarity and cooperation. 
 
Warda and &Ouml;zkan then travelled to Zestafoni for a meeting with workers engaged in a conflict with the Zestafoni Ferroalloys Plant and Georgian Manganese Mines. 
 
Commenting on the mission to the nations of the Caucasus, Warda, said, &ldquo;Our overall programme in Armenia and Georgia, and in general in the Trans-Caucasus, was intensive and very successful. The ICEM will continue its support of trade unions in both countries through various means.&rdquo;

ICEM Boosts Presence in the Caucasus

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Corporate leaders of US-based Massey Energy Co., including CEO Don Blankenship, came under harsh fire in Richmond, Virginia, on 18 May at the company&rsquo;s Annual General Meeting (AGM). The meeting came just six weeks after a methane gas explosion at Massey&rsquo;s non-union Upper Big Branch mine in the state of West Virginia killed 29 miners, the worst mining tragedy in 40 years in the US. 
 
The closed and highly-secured meeting saw hundreds of protesters from US trade unions, environmental groups, and health and safety advocates march from Monroe Park to the historic and posh Jefferson Hotel, the venue for the AGM. They sang songs, waved placards, and chanted slogans that Blankenship belonged in jail, not running a publicly-traded company for his arrogant abuse of mine safety and environmental stewardship in America&rsquo;s Appalachia Mountains. 

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Utility Workers Union of America (UWUA) West Virginia Local 69 officers Charlie Rittenhouse and Bryan Ash joined AGM protests against Massey Energy
A corporate governance proposal put before Massey shareholders by a US labour federation&rsquo;s investment arm called for three of the Richmond-based company&rsquo;s directors to be dropped from the board. Despite the fact that there were no alternative candidates, the three &ndash; Richard Gabrys, Dan Moore, and Massey President Baxter Phillips Jr. &ndash; won with just over 50% of the vote. 
 
That constituted a near majority of institutional shareholders who have no-confidence in these directors, and caused United Mine Workers&rsquo; of America (UMWA) President Cecil Roberts to say to a news outlet, &ldquo;They got clobbered, considering the fact that they didn&rsquo;t have anybody running against them. They ran unopposed and almost lost.&rdquo; 
 
The AGM was brief and over with in less than one hour. Reporters were sequestered in another room of the hotel and when the question-and-answer period came, the video and audio feed into that room was cut off. Two protesters were arrested inside the hotel&rsquo;s ballroom, after unfurling a banner that read, &ldquo;Massey: Stop Putting Profits Over People.&rdquo; 

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UMWA President Cecil Roberts
The Upper Big Branch tragedy of 5 April has caused the US Congress to conduct an unprecedented number of hearings. There have been three since the tragedy. At a US Senate Health, Education, Labor, and Pensions Committee hearing on 20 May, Roberts said Massey has seen 52 miners die inside its mines in the past ten years. Blankenship testified at the same hearing that federal mine safety recommendations on ventilation upgrades actually make mines less safe. 
 
&ldquo;We opposed the changes because our engineers believed they made the ventilation less effective,&rdquo; he said, adding the company does not know if ventilation played a role in the 5 April blast. Blankenship said he thought Massey&rsquo;s safety and casualty rate in the US was &ldquo;about average,&rdquo; to which Roberts, who had both his grandfathers killed in mine accidents, said, &ldquo;I can&rsquo;t come up with another coal company that&rsquo;s had 23 miners in ten years die.&rdquo; 
 
At a subsequent US House Education and labor Committee hearing that was held near Upper Big Branch in Beckley, West Virginia, on 24 May, one miner who was fortunate to escape stated, &ldquo;we never had proper air on that longwall.&rdquo; Relatives of the deceased called Upper Big Branch &ldquo;a ticking time bomb.&rdquo; 

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Environmentalists from Rising Tide delivered a message from inside the meeting
The father of a 21-year-old victim, Adam Morgan, testified: &ldquo; &hellip; about every shift he had to do some kind of ventilation repairs and some &hellip; he had to do on his own.&rdquo; Steve Morgan said that when his son complained to supervisors on ventilation problems, he was told to find a different line of work if he was &ldquo;scared.&rdquo; 
 
An uncle of Adam Morgan also testified. Eddie Cook, a miner at a UMWA-represented colliery in West Virginia, made the point that with a union, you have the right to refuse unsafe work. At Massey, he said, &ldquo;if you refuse, they tell you to get your bucket and go home. They know if they were union that these people wouldn&rsquo;t work like they wanted them to.&rdquo; 
 
According to Massey&rsquo;s US federal regulatory filings, just 1.3% of its 6,000 US employees are members of the UMWA. And of that small portion, all work in coal preparation plants, not in underground mines.

Annual Massey Energy Meeting in US Brings Protest, Discontent

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Members of one of ICEM&rsquo;s Turkish mining affiliates, Genel Maden-İş, staged one-hour strikes across several collieries in the coal-rich Zonguldak region on 26 March in protest to government inaction over unsafe conditions in mining, as well as to government treatment of 12,000 of TEKEL, the former state tobacco company that was privatised. 
 
The one-hour strike actions, more specifically, were aimed at the horrid working conditions that caused the tragedy inside the Karadon mine, where 30 contract workers were killed on 17 May. The mine is owned by the Turkish Anthracite Coal Foundation and operated by Yapitek Construction. 
 
Genel Maden-İş, or the General Mine Workers&rsquo; Union of Turkey, which represents miners in the Zonguldak region, carried out stop-work actions for one-hour periods in each of three shifts on 26 May in scores of collieries in the Black Sea region of Zonguldak. Some 10,000 miners participated. The ICEM Executive Committee, meeting in Geneva, endorsed the strikes, calling the downing of tools a fitting response to the government of Turkey&rsquo;s non-response to repeated calls to ratify ILO Convention 176, the Safety and Health in Mines Convention. 

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Announcing the 26 May strikes, (center) T&Uuml;RK-İŞ President Mustafa Kumlu and Genel Maden-İş President Rasim Muslu 
Mustafa Kumlu, President of the Confederation of Turkish Trade Unions (T&Uuml;RK-İŞ) and an ICEM Executive Committee member, said the mining industry is indispensible in Turkey, and it is the responsibility of employers and the government to reduce the risks to a very low minimum. 
 
Genel Maden-İş General President Rasim Muslu said adoption of the 2004 Mining Law in Turkey set safety in mines back, since the law opened up the mining sector to increased privaitisation. Introduction of flexible work conditions has led to inadequate training of unskilled workers, and lax safety inspections, many of which are never done on-site. The law also has brought an increase in temporary and part-time contract miners. 
 
At the ICEM&rsquo;s Executive Committee meeting, the president of another Turkish mining affiliate, T&uuml;rkiye Maden-İş President Ismail Aslan, a substitute ICEM Executive member, said obstacles inside Turkey to effectively organise workers into unions also contribute to unsafe conditions inside mines. He said it is unheard of for sub-contract employees to be affiliated to a union. 
 
The explosion at the Karadon mine, a colliery whose operations were privatised in 2006, could have been caused by dynamiting new sectors some 540 metres underground. The blast collapsed walls and support structures. Rescue efforts did manage to free eight miners. 
 
Emotions in the mining community were set aflame upon the visit on 19 May by Turkey Prime Minister Recep Tayyip Erdogan. Speaking at the mine gates, Erdogan callously declared that mine deaths had become the &ldquo;fate&rdquo; of mining communities, with people of the Zonguldak region &ldquo;quite used to events like these.&rdquo; 
 
The remarks triggered clashes between distraught relatives, protesters, and police.

Turkish Miners Conduct Hour-Long Strikes in Wake of Zonguldak Mine Catastrophe

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