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The start of 2012 has seen deadly circumstances facing Colombian trade unionists deteriorate even further. The leadership of ICEM-affiliated Sintraelecol, the Electric Power Workers&rsquo; Union, is now being systematically threatened. 
 
Sintraelecol leaders Marcelino Jos&eacute; L&oacute;pez Perez and Danuil G&oacute;mez Perez have escaped harm in three attempts on their lives in a period of six weeks, from 19 December, in the Northern city of Monter&iacute;a C&oacute;rdoba. The only way to ensure their safety is to arrange for them to leave the country, since no protection is offered by the authorities or by the employer. 
 
The ICEM is currently working on their exit. 
<img alt="" src="" width="131" height="122" />
Danuil G&oacute;mez Perez
Martin Porto and Walberto Figueroa are other Sintraelecol leaders working at Electricaribe, a subsidiary of Spanish energy provider Gas Natural, who have received death threats. The four trade unionists believe that the threats and attacks are directly related to their union activities. 
 
In the latest attempted murder on 1 February, hit men on motorbikes armed with revolvers approached the car of Marcelino L&oacute;pez while he was visiting an infirmed co-worker at his home. Fortunately for L&oacute;pez, he was not in the car at the moment of attack and his bodyguards managed to apprehend one of the thugs, taking him immediately to police. 
 
Sintraelecol has condemned the lack of urgency by the authorities and the National Protection Unit of the Interior Ministry&rsquo;s Human Rights Office in assessing the risk facing its leaders. And the ICEM has also. The investigation is still in the evaluation phase. 
 
Even full-time bodyguards cannot ensure safety for Sintraelecol&rsquo;s leaders, however. The ICEM is pursuing other avenues to ensure assassinations do not occur. Local management has failed to relocate Marcelino L&oacute;pez and Danuil G&oacute;mez to Bogota for their safety, although they are contractually obliged to do so in these circumstances. 
 
See a <a href="http://vimeo.com/27211869">moving documentary</a> into the effects of a culture of murders with impunity in Colombia, in Spanish.&nbsp;

Sintraelecol Leaders Targeted, ICEM Demands Colombia, Employer Give Protection

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	The Australian High Court last week refused to hear an appeal by Rio Tinto over the company&rsquo;s illegal non-union collective agreements imposed on iron ore miners in West Australia. The denial is a victory for ICEM affiliate Construction, Forestry, Mining and Energy Union (CFMEU), which took the case forward, and a victory for legitimate collective bargaining rights.

	It also stands as a rebuke to Rio Tinto in its efforts to avoid 2009 changes in Australian labour law.

	The 10 February ruling not to hear Rio&rsquo;s appeal to a 25 July 2011 determination by the full bench of the country&rsquo;s Federal Court means Rio&rsquo;s sham labour agreement from July 2008 is not a genuine collective agreement. (See <a href="/en/78-ICEM-InBrief/4571-Australia-s-CFMEU-Wins-Major-Bargaining-Ruling-Against-Rio-Tinto">ICEM report</a> on Federal Court decision from 1 August 2011.)

	It also serves as an invitation for iron ore miners &ndash; and others &ndash; in West Australia&rsquo;s rich Pilbara region to take membership in the CFMEU, with the aim to negotiate real enterprise labour agreements through the union.&nbsp; The High Court ruling will also negate other mining firms such as BHP Billiton, which also converted individual work agreements into non-union labour agreements that were intended to keep trade unions away from workers and workers without a union voice.

	In Rio Tinto&rsquo;s case, it brought ten new hires of its Pilbara Iron Company Pty. Ltd. subsidiary into a bogus Pilbara Iron Employee Agreement for a five-year duration that was meant to include all other new hires during that time. The ploy was done to avoid changes in law that took effect with the July 2009 effective date of the Fair Work Australia law.

	Some 20 such delusionary labour agreements are said to have been put in place to avoid the Fair Work law, and Rio Tinto&rsquo;s legal failure last week is expected to strike the ones that are still in effect null and void.

	&ldquo;Rio Tinto made a cynical attempt to circumvent their obligations under the Fair Work laws,&rdquo; said CFMEU Mining General Secretary Andrew Vickers. &ldquo;It has tried to dodge its obligation to recognise the rights of its workers to genuinely collectively bargain for future pay increases and improved conditions.

	&ldquo;It has been a long legal battle, but it&rsquo;s been worth it to safeguard the rights of our members in the Pilbara and demonstrate that Rio Tinto is not above the law,&rdquo; added Vickers.

Australian High Court Denies Rio Tinto’s Appeal to Evade Union Contracts

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The President of an ICEM affiliate in Chile, Fenatrapech, the National Federation of Oil Workers, passed away at 5h30 on 23 August. Comrade Jorge Matute was 61 years old and dedicated 41 years to trade union work for Chile&rsquo;s oil workers. Twenty of those years were with Fenatrapech. 
 
Matute was the key oil workers&rsquo; leader during pivotal moments and struggles in Chile&rsquo;s energy. Unpopular Chilean President Sebasti&aacute;n Pi&ntilde;era has attempted to sell off the nationalised oil assets into private hands, along with other major nationalised industries. Workers at the National Petroleum Company, ENAP, have been under attack over the last two years, as government attempts to weaken the union to facilitate privatisation. 
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Jorge Matute was central in fighting to protect workers in this process, negotiating redundancy packages and against job cuts. 
 
An example of this struggle led by Matute was at the Bio Bio refinery in Central Chile. In tribute, his remains were taken there on the day of his death, before moving him to Valparaiso for his funeral on 24 August. 
 
Matute had suffered the disappearance of his son, Jorge Matute Johns. Trade union comrades in Chile now take comfort in the belief that Matute is reunited with his son. 
 
Words of support and mourning have been offered from many sides for the popular union leader. ICEM General Secretary Manfred Warda conveyed sincere condolences to Fenatrapech on behalf of the ICEM, calling for his good work and struggles on behalf of workers to be continued. &ldquo;We honour the life of a great fighter,&rdquo; said Warda. 
 
ENAP oil workers&rsquo; union President Alejandro Avenda&ntilde;o said that Matute had &ldquo;taught us the important value of the struggle for workers rights in Chile.&rdquo;

Jorge Matute: 1950-2011

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Madhukar Kashinath Pandhe, a steadfast champion of workers in India and elsewhere, died of a heart attack on 20 August in a New Delhi hospital. M K Pandhe was a champion for decades in India of carving gains for all workers, from unorganised workers in the informal sector to the skilled workers that drive India&rsquo;s economy. He was 86. 
 
Pande was an early leader of the All India Trade Union Congress (AITUC) and the Centre of Indian Trade Unions (CITU). When he died, he was Vice President of CITU. He had served as the trade union&rsquo;s Secretary, General Secretary, and President. 
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He was also President of the All India Coal Workers&rsquo; Federation. The ICEM knew him as a tireless and dedicated partner on coal supply, work rights, pay, health, safety and other issues in the mining industry. 
 
Pande was born in Pune, Maharashtra, and joined the Communist Party in 1943. He joined the Goa liberation struggle against the Portuguese and after the Communist Party in India divided, be became a leader a CPI(M) &ndash; the Communist Part India (Marxist) party. 
 
His high prestige in India as a trade union negotiator who delivered for the working class was earned because Pandhe did it across all industrial sectors, from mining, steel, energy to all forms of transport, and from navy to shipping to aviation to many other jobs. He served on numerous national level bodies formed by the government, and his steady voice inside all of them never wavered from the defense of the working class. 
 
M K Pandhe is survived his wife, Pramile, a key leader in CPI(M) and also leader in the All India Democratic Women&rsquo;s Association, and a son.

M K Pandhe: 1925-2011

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On 14 September, the ICEM will sponsor a two-hour panel discussion on ILO Convention 176, the Safety and Health in Mines Convention, in Istanbul, Turkey. The panel is in conjunction with the 19th World Congress on Safety and Health at Work (WCSHW) and will be held in the Kasimpaşa-2 Room, Kuleli Building, of the Hali&ccedil; Congress Centre from 14h to 16h. 
 
The panel will highlight the urgent need for Turkey to ratify Convention 176 and will include Dr. Fikret Sazak, Director of Education for Maden-İş, the Mine Workers&rsquo; Union of Turkey; Radha Gobinda Mohanty of the Indian National Mineworkers&rsquo; Federation; Glen Mpufane, ICEM Mining/DJOGP Officer; and Brian Kohler, ICEM Health, Safety, Sustainability Officer. 
<a href="/en/209-ILO"><img alt="" src="" width="175" height="247" /></a>
Click here for information on ILO Convention 176
Turkey is notorious for unsafe coal mines, with many of the mines in government hands but operated by contractors utilizing sub-standard equipment and practices. 
 
The ICEM event is open to everyone but those interested should visit the <a href="http://www.safety2011turkey.org ">WCSHW website</a> for information on the entire Congress, which runs from 11-15 September. The address for the WCSHW at Hali&ccedil; Congress Centre is S&uuml;tl&uuml;ce Mah. Eski Karaağa&ccedil; Cad., 34445 Beyoğlu, Istanbul.

ICEM to Hold Mine Safety Forum in Turkey This Week

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On 31 August, Finnish paper company UPM announced closure of two mills, the shutdown of a paper machine at another mill, the intended sale of a French mill, and the sacking of nearly 1,300 workers in total. The announcement came within months of the world&rsquo;s third largest integrated pulp and paper company buying Myllykoski, another major European paper producer based in Finland. 
 
The decision does not sit well with the blue-collar and white-collar trade unions representing workers in Finland&rsquo;s paper sector, Paperiliitto and Ammattiliitto Pro. Specifically, did UPM engage in the proper and correct dialogue with European Works Council (EWC) members in accord with an EWC directive on social dialogue? 
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UPM said the plant closures, machine shutdown, and job losses would occur by the end of the year, leaving little time for workers and their union representatives to obtain re-training funds, seek other job opportunities, and negotiate adequate redundancy packages for the soon-to-be displaced workers. 
 
Strike action is also a possibility. But at a Paperiliitto executive board meeting on 6 September, union leaders put that option on the back burner in order to engage the company &ndash; and Finland&rsquo;s government &ndash; in obtaining the very highest re-training and redundancy packages. The union began that process on the local level at one mill &ndash; the Myllykoski mill in Kouvala County in eastern Finland &ndash; late last week. 
 
Ammattiliitto Pro has begun connecting with victimized workers and their unions and EWC representatives on the European level to apply pressure on UPM. 
<img src="" width="156" height="161" alt="" />
Myllykoski mill
At the Myllykoski mill, an operation with three paper machines producing magazine or lightweight coated papers, the planned redundancies amount to 371 full-time blue-collar jobs, 71 fixed-term jobs, and 101 full-time white-collar jobs. In addition, maintenance contractor ABB will see 106 permanent workers leave the rural mill. Also, other Finnish jobs staffed mainly by Ammattiliitto Pro members will be eliminated at UPM workplaces in Lahti and Pietarsarri, bringing the total job loss in Finland to 650. 
 
UPM will also shutter the Albbruck mill in Germany that produces uncoated magazine papers, costing 557 jobs. It will shut one of three paper machines that make uncoated paper and newsprint at Germany&rsquo;s Ettringen mill, as well as temporarily shutting one paper machine producing uncoated fine papers at the Nordland mill. 
 
In France, the company will seek a buyer for its Stracel mill that makes coated magazine papers and specialty newsprint. In total, UPM intends to take 1.3 million tonnes annually of paper out of the marketplace and it is now clear that the company&rsquo;s spring 2011 purchase of the Myllykoski company was all about capacity reductions and job curtailments. 
 
The ICEM will assist the two Finnish unions, as well as German and French unions representing workers at UPM, in all ways possible. A major tenet to ICEM&rsquo;s Pulp and Paper Sector work plan, adopted at the Uruguay conference in 2008, is to extend full practical support to paperworkers of the global North who are victimized by the rampant shutdowns or paper operations in developed nations. The priority will now be to exert as much pressure as possible on UPM in order that job losses the company has created through consolidation do not escape correct and ethical social treatment.

Finnish Paperworkers’ Unions Critical of UPM’s European Mill Closures

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From 4-6 September 2011 the BASF South American network met in Sao Paulo for extended social dialogue with the presence of BASF management and IGBCE President Michael Vassiliadis. 
 
The meeting opened on Sunday for an internal meeting of the worker representatives from Brazil, Argentina and Chile. The meeting was conducted by Sergio Novais, ICEM Vice-President. 
 
There had been some turbulence in the relations between the network and the company after 2009. 2009 was the year when the 10 year anniversary of the network was celebrated and at the same time a strike was called causing a breakdown in relations for the following two years. In the meantime both sides admit that they reacted in an exaggerated way to the problems that had arisen. From 2010 on the unions and the company set up a working group to iron out the problems and to get dialogue back on track. The work in the group bore fruit and led to a resumption of dialogue. 
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The first day&rsquo;s meeting agreed to focus on the following 6 points: 
 
1. Unify the company&rsquo;s policy toward the fire brigade and first aid providers across the region 2. Ask the company to provide information on ISO 26000 3. Ask the company to provide information on nanotechnology 4. Work on a pattern contract for outsourcing in the region - outsourcing is a permanent issue in the network 5. Ask the company to provide information on restructuring in the region 6. Ask the company to present its policy on health and safety with a view to creating unified standards in the region 
 
Certain points were still pending because of the suspension of the regional dialogue. The workers felt that points pending at national level should be resolved even though the regional dialogue was stalled. The policies and practices need to be the same for everyone. The company should be prepared to discuss these issues at the next meetings. 
 
BASF management has a new team. It is very hard for BASF to keep qualified and loyal workers and to compete in the global labour markets. New investments are planned for Brazil. Workers benefit from the company&rsquo;s results, but these benefits need to be standardised worldwide. 
 
The BASF network has been and will continue to be a reference for social dialogue in the region. The company and the unions are proud of what it has achieved and will continue to make the most of the dialogue.

BASF Network Meets for Extended Social Dialogue

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In Chile's northern Region 1, a planned 24-hour strike at the world's third largest copper mine, Dona Ines de Collahuasi, on 2 September did not happen. The 1,500 miners of Sindicato de los Trabajadores, affiliated to the Chile Federation of Miners (FMC), voted the day prior to forego striking when managers extended a satisfactory albeit temporary resolve to the dispute. 
 
That resolve included an adjusted bonus for the last two quarters of the fiscal year, the first half of 2011, of two million pesos (US$4,345) to each miner, and recall of two of the six miners who were sacked for strike activity on 30 July. 
 
The FMC branch Chairman at Collahuasi, Manuel Munoz, told the ICEM that three of the six miners desired not to return to work high in the Atacama Desert, while the union will continue to fight for the rights of the sixth miner. 
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FMC branch Chairman at Collahuasi, Manuel Munoz
Dons Ines de Collahuasi, jointly owned through 44% stakes each by AngloAmerican and Xstrata and a smaller share by a consortium of Japanese firms controlled by Mitsui, offered to rehire the sixth miner, but is attempting to deny him several benefit entitlements, including health insurance. 
 
&quot;We will continue to wage a stiff fight for our comrade to ensure that fairness and justice prevails,&quot; Munoz reported to the ICEM. 
 
There are several other issues still to be resolved that were behind the 29-30 July strike. They include housing benefits, bonuses based on weather conditions in the extreme altitudes of the Atacama, and a clocking-in, clocking-out process at the mine and copper processing operation that stands as a regression of miners' working conditions. 
 
Labour relations between Dona Ines de Collahuasi and the Mineworkers' Union of Collahuasi have been frayed since the end of a 33-day strike last December. The company filed a criminal lawsuit against the union a month after the strike ended, charging union with libel over items the union posted on its website during the strike.

Collahuasi Miners Partially Resolve Dispute without Striking

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In a contentious Congress that almost collapsed without being completed, South African ICEM affiliate Chemical, Energy, Paper, Printing, Wood and Allied Workers&rsquo; Union (CEPPWAWU) re-elected Simon Mofokeng as General Secretary 2 September in Durban. Some 299 delegates represented the union&rsquo;s seven regions at the 4th Congress from 31 August to 2 September. 
 
Mofokeng was the only one of six national office bearers to win re-election, besting former General Secretary Welile Nolingo 178-114 in a secret ballot delegate vote. Thamsango Mhlongo, a shop steward at Mondi&rsquo;s pulp and paper mill at Richard&rsquo;s Bay, KwaZula-Natal, won election as President. He defeated incumbent President Jacob Mabhena by a margin of 200-97. 
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CEPPWAWU President Thamsanga Mhlongo, General Secretary Simon Mofokeng
The Congress was marked by heated debate on the final day over a Secretariat Report that was one day late in distribution per statutory requirements. The union has been mired in a years-long conflict with the investment manager of its investment arm, CEPPWAWU Investments, a conflict now in South Africa&rsquo;s courts that has frozen most of CEPPWAWU&rsquo;s assets. 
 
The final day&rsquo;s debate caused all of the Congress&rsquo;s resolutions to be postponed, as well as proposed constitutional amendments and other important statutory business. Following a recommendation from an officer of the Congress of South African Trade Unions (COSATU), delegates moved to hold a Special Congress to complete the business of the 4th Congress. That likely will be held in the first quarter of 2012. 
 
The final day&rsquo;s business concluded with election of officers, with all seats being contested. 
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Earlier, the Congress heard from COSATU President Sidumo Dlamini and South African Land and Public Enterprise Minister Malusi Gigaba, who represented the African National Congress (ANC) at the Congress. Gigaba told delegates that the ANC political party &ndash; together with South Africa&rsquo;s trade unions &ndash; must enforce the revolutionary discipline that toppled the apartheid regime in reference to the current split in the party caused by the ANC&rsquo;s Youth League. 
 
Gigaba also reminded delegates that land reform is still incomplete in South Africa and said the supply of food to the nation&rsquo;s impoverished depends on water development and rural land re-use. Dlamini urged CEPPWAWU delegates to overcome its current stalemated position, and he reminded that the union was the first union in South Africa to won the 40-hour work-week. 
 
Dlamini also praised CEPPWAWU for being the leader in engagement of foreign capital in order to create jobs, affirmative action, and respect for workers&rsquo; rights. Dlamini also said CEPPWAWU must be the leader in forging a state-owned pharmaceutical company in South Africa, a persistent theme throughout the Congress. 
 
Results of elections for other national office bearers: Lucas Mashego, First Deputy Vice President; Eunice Dlodlo, Second Deputy Vice President; Samuel &ldquo;Chief&rdquo; Seathlolo, Deputy General Secretary; and Thulasizwe Nsibande, National Treasurer.

CEPPWAWU Holds Heated 4th Congress in South Africa

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ICEM&rsquo;s trade union affiliate in Peru, the National Miners&rsquo; and Metalworkers&rsquo; Union (FNTMMSP), has affiliated branch unions undergoing pivotal labour disputes in the South American country in the face of high commodity prices and ever-rising profit margins. 
 
On 31 August, 1,124 miners employed by China&rsquo;s Shougang Hierro Per&uacute; began an indefinite strike at the country&rsquo;s only iron ore mine in southern Peru. And last week, 1,100 union branch members of FNTMMSP undertook a 48-hour strike at the Sociedad Minera Cerro Verde open pit copper and molybdenum mine in Arequipa department over regressive conventions proposals in a proposed five-year labour agreement. 
 
The FNTMMSP branch and managers of Cerro Verde will meet today in efforts to resolve the dispute. If no solution is found, unionized miners will begin an indefinite strike beginning on 14 September. Cerro Verde is Peru&rsquo;s third largest copper mine and is owned by US-based Freeport-McMoRan (53.7%), SMM Cerro Verde Nederlands (21%), a unit of the Japanese Sumitomo Corp., and Peru-based Compania de Minas Buenaventura (19.3%). 
<img alt="" src="" width="160" height="120" />
FNTMMSP General Secretary, Luis Castillo Carlos
Cerro Verde management is proposing an initial 2% salary increase, but then seeks to eliminate all future yearly wage reviews in favour of a production bonus defined by the company and based on copper production, the mine&rsquo;s financial results, and copper prices on the London Metal Exchange. 
 
In 2010, Cerro Verde produced 312,336 tonnes of copper in 2010. Notwithstanding an indefinite strike that could begin on Wednesday, 2011 production is expected to exceed the 2010 numbers slightly. The 48-hour strike on 7-8 September saw 100% participation. 
 
At Shougang Hierro&rsquo;s Marcona iron ore pits in the Ica department, the strike by miners in yet another in yearly walkouts against the Chinese steel company over pay that is far lower than any other mining enterprise in Peru. 
 
Iron ore miners earn a miserly &euro;11.18 per day (US$16.10) and are seeking a 25% increase. Shougang Hierro is offering only a US$.47 per day increase. The strike is also over a failure on the part of management to meet a list of 2011-2012 demands on working conditions, which the union submitted in April 2011. 
 
&ldquo;We know that the Chinese company can meet the wage demands of workers at Marcona because of the high price of iron ore and Shougang&rsquo;s large profit margins,&rdquo; said FNTMMSP President Luis Castillo Carlos. 
 
The Chinese company realized a five-fold increase in profit from Marcona in the first half of 2011 from that of the same period in 2010. The first-half 2011 net profit of US$274 million came on higher sales volume and higher iron ore pricing, the company reported to Peru&rsquo;s securities regulator. 
 
Iron ore sales from Marcona totaled 5 million tonnes from January through June this year, up 25% from the 4.02 million tones of refined iron ore sold during the same period of 2010. Because of the strike, Shougang Hierro declared force majeure on 1 September. A provincial government agency is involved in mediation efforts to reconcile the two sides.

Major Copper, Iron Ore Strikes Break Out in Peru

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