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Justice was finally delivered last week for Australians after shareholders of building materials company James Hardie on 7 February voted by over 99% to fund a A$4 billion asbestos compensation fund. The vote, and the 9 February transfer by the company of the first A$184 million into the Asbestos Injuries Compensation Fund, is the final victory in a six-year fight that will assure victims of asbestos are adequately compensated. 
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The James Hardie asbestos saga has become one of Australia&rsquo;s greatest corporate fights, with trade unions, victim rights&rsquo; groups, and the state government of New South Wales taking on an arrogant company. In 2001, James Hardie announced plans to shift its headquarters from Sydney to The Netherlands in a move designed to avoid its legal obligations to thousands of people diagnosed with asbestos-related diseases. In 2003, it made the move. 
That was after James Hardie CEO Peter Macdonald created an underfunded Medical Research and Compensation Fund, and declared to investors, &ldquo;There will be no future provisions required,&rdquo; adding that future liability will not impact company profits. In 2004, with revelations of deceptive stock market practices, including misleading investors, Macdonald departed the company. 
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This came as part of a comprehensive campaign by Australian labour unions, particularly AMWU and CFMEU, organisations such as Australia&rsquo;s Asbestos Diseases Association, and hundreds of other civil society groups. The coalition staged shareholder protests, launched a global boycott on James Hardie&rsquo;s products, and brought such intense public pressure to the company, that it was forced to acquiesce to a fair settlement. 
 
The settlement, A$4 billion into the fund over 40 years, was negotiated with James Hardie by Australia&rsquo;s trade unions, the asbestos victims&rsquo; groups, and the government of New South Wales, which did exemplary work to bring the case to a successful close. 
 
&quot;The pressure of unions, along with the NSW Government and the tireless work of the victim support groups and the community has been crucial to the success of this campaign,&rdquo; said Australian Council of Trade Unions (ACTU) Secretary Greg Combet.

James Hardie Asbestos Case Finally Concludes Successfully

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A delegation that returned recently from Guatemala said that serious concerns exist in the investigation of Pedro Zamora, general secretary of the STEPQ Dockers&rsquo; Union in Puerto Quetzal, Guatemala. The 10-member delegation, headed by the International Transport Workers&rsquo; Federation (ITF) and the ITUC, found there was vital evidence missing and that police failed to properly secure the crime scene. 
 
Zamora, 43, was killed in a hail of bullets on 15 January after gathering his children, ages 3 and 5, from medical appointments. As the STEPQ union leader lay critically wounded in the front seat of his car, one of the assailants came up to him at close range and shot him in the face. His 3-year-old son was severely wounded in the attack.
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&nbsp;Port workers in Quetzal, led by Zamora, have been campaigning to preserve their trade union in the face of privatisation. STEPQ is seeking job security and decent work for port workers through a programme of investment and modernisation, but government and port officials have ignored workers&rsquo; expertise on the port&rsquo;s expansion. 
 
The trade union delegation, in Guatemala from 28 January to 2 February, also found that police were pursuing only a single line of investigation &ndash; that of a family and domestic violence case, thus ignoring telephone death threats and suspicious followings, which occurred before the 15 January death of Zamora. 
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While in Guatemala, the delegation, comprised of Spanish, US, and Venezuelan unionists, along with ITF and ITUC leaders, called for the reinstatement of 9 STEPQ members at the port. They were fired in October for their trade union activities. 
 
&ldquo;One of the key recommendations to come out of the visit is that the global union campaign for justice for Zamora should be expanded to support STEPQ and its leaders whose lives remain under threat,&rdquo; said ITF Assistant Gen. Sec. Stuart Howard. The ITF and ITUC have submitted a formal ILO complaint against the Guatemalan government on the assassination of Zamora and infringement of trade union rights. 
 
Trade unions and activists are encouraged to join the ITF&rsquo;s Guatemalan Charter for Justice Campaign by visiting: <a href="http://www.itfglobal.org/campaigns/zamora.cfm">http://www.itfglobal.org/campaigns/zamora.cfm</a>.

‘Serious Concerns’ in Murder Investigation of Guatemalan Dockworkers’ Leader

Two tragic coal mine explosions in Colombia over the past nine days illustrates again how deadly the combination of high coal demand is with inadequate safety methods. Thirty-two miners perished in a methane gas explosion on 3 February at two inter-connected mines in Sardinata, Norte de Santander state, while eight people died at an illegal mine near G&aacute;meza, Boyac&aacute; state, on 6 February. 
 
Among the G&aacute;meza fatalities was a 13-year-old boy, killed with 3 others by an initial blast some 160 metres underground. Four others were either killed by a second explosion, or asphyxia, when they entered the mine shaft in a rescue attempt. The proprietor of the illegal mine, as well as the three others, including the wife of one trapped miner and the brother of another, were killed in the rescue attempt. 
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In the deadly 3 February explosion at the San Roque and La Preciosa Mines, colleries without union representation, miners were trapped and perished 400 metres underground. Two days after the blast, authorities were investigating whether or not the mines had the proper permits for operating. 
 
The two mining catastrophes come at a time when Colombia&rsquo;s government fails to adopt labour protections, as stated under ILO standards, into the nation&rsquo;s labour code. The mining deaths also occurred just days before a 90-day review process opens on the US-Colombia Free Trade Agreement, a market pact in which civil society is demanding those same labour standards be included. 
 
The Norte de Santander death toll of 32 nine days ago is the worst mining day in Colombia in 30 years, dating back to 1977 when 100 miners perished at the Amag&aacute; mines in Antioquia state. There are some 200 underground mines now operating in Norte de Santander state, which lies along the Venezuelan border. The high price and high demand for coal means operators are striving to meet maximum output, with little or no time for safety. 
 
The equipment at the San Roque and La Preciosa Mines was described as antiquated and rudimentary, while equipment at the G&aacute;meza mine was nearly non-existent. Mining there was artisan. Operators at nearly all of Colombia&rsquo;s small and mid-sized collieries employ short-term contract workers. 
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In Boyac&aacute; state, in central Colombia, it is estimated that some 100 coal mines operate illegally. In many, children between the ages of 10 and 18 are digging or carry coal to the surface. Many of the mines are unregistered collectives, unaffiliated with any company or enterprise. 
 
Much of the blame for last week&rsquo;s deaths can be placed squarely with the federal government, as can countless other safety deficiencies causing death and injury in Colombia&rsquo;s mines,. With a rigid priority of attracting foreign investment to Colombia, the Uribe government has been remiss to adopt global labour standards, while focusing instead on neo-liberal deregulation. 
 
Statutory changes, for instance, have weakened the role of state governments in monitoring and regulating work conditions, while federal oversight has been slow or non-existent. The proliferation of illegal mining in remote portions of different Colombian departments bears this out. 
 
The ICEM expresses its sincere condolences to the families of the 40 miners in Colombia, and promises to remain vigilant on the global front in pressing the Colombian government for safety and security, both on and off the job.
Click here for a joint ICEM-ITUC letter, in <a href="/en/?id=5&amp;doc=2146&amp;la=EN">English</a>, or in <a href="/en/?id=5&amp;doc=2146&amp;la=ES">Spanish</a>, to the President of Colombia on the disasters.

13-Year-Old Child Among 40 Dead in Colombian Mine Disasters

The 20-million-member ICEM strongly condemns the Friday, 2 February, rocket blast that destroyed the Gaza headquarters of the Palestine General Federation of Trade Unions (PGFTU) in Jebaliya in northern Gaza. The blast and subsequent assault destroyed the PGFTU&rsquo;s Voice of Workers radio station. 
 
&ldquo;The ICEM finds it totally unacceptable that peaceful trade unionists, working hard to promote the rights of workers, must work and live in fear of their lives and that of their family members,&rdquo; ICEM General Secretary Manfred Warda said in a letter to Palestine&rsquo;s President Mahmoud Abbas. 
 
&ldquo;The Palestinian Authority has a duty to ensure the personal safety of all trade unionists in accordance with internationally recognised rights, namely the right to life and freedom of association.&rdquo; 
 
The 2 February destruction of the PGFTU comes just days after the attack on the home of the labour federation&rsquo;s deputy general secretary, Rasem Al Bayari. It also came amidst the worst sectarian violence in Gaza over the past year. Since 1 February, 28 people have been killed in Gaza and some 250 wounded. 
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PGFTU General Secretary Shaher Sae'd
Yesterday, 4 February, PGFTU conducted a march and labour demonstration in Ramalah, rejecting the recent violent incidents and attempts to silence the voice of workers. PGFTU General Secretary Shaher Sae&rsquo;d said that workers reject the killings and destruction of property at a time when Palestinians need to face the impacts of poverty and unemployment. 
 
The ICEM, comprised of 384 trade unions in 125 countries, stands with the PGFTU in its call for a peaceful end to the sectarian violence in Palestine, and the need for a national unity government. 
 
To view the ICEM&rsquo;s protest letter to Palestine President Mahmoud Abbas, click <a href="/en/24-North-Africa-Middle-East-/2125-ICEM-Letter-to-Palestine-President-Mahmoud-Abbas">here</a>. For background on the 29 January assassination attempt on Rasem Al Bayari, click <a href="/en/24-North-Africa-Middle-East-/2123-ICEM-Issues-Strong-Protest-to-Palestinian-Government">here</a>.

ICEM Condemns Attack on PGFTU, Destruction of ‘Workers’ Voice’ Radio in Palestine

The 20-million-member ICEM, the Global Trade Union Federation representing workers in the mining industry, today commended its Colombian affiliate, Sintracarb&oacute;n, and coal producer Carbones del Cerrej&oacute;n for achieving a new collective agreement over the weekend. After the union&rsquo;s National Assembly of Delegates issued a strike mandate on 25 January, Sintracarb&oacute;n&rsquo;s six-member bargaining committee met with the management of Colombia&rsquo;s biggest coal enterprise throughout the weekend to achieve the new two-year agreement. 
 
&ldquo;The ICEM applauds the fact that both sides saw the rationale to continue discussions even after it appeared a strike was inevitable,&rdquo; stated General Secretary Manfred Warda. &ldquo;This is a testament to the commitment that Sintracarb&oacute;n and the company has for the Social Dialogue process.&rdquo; 
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Carbones del Cerrej&oacute;n, with its three multinational stakeholders, AngloAmerican, BHP Billiton, and Xstrata, are partners with the ICEM and Sintracarb&oacute;n in a unique Social Dialogue arrangement adopted in 2004 in Colombia. The agreement, which also covers other multinational companies and several other ICEM-affiliated trade unions in Colombia, established a formal process for meaningful labour-management discussions between parties. 
 
Warda said it was essential that the three parent companies asserted themselves in talks over the weekend. 
 
The agreement, covering some 4,000 miners, awards a pay increase of 7.7% in the first year of the agreement, with a second year increase of either 1.5% above Colombia&rsquo;s consumer price index for 2007, or 6%, whichever is higher. 
 
The ICEM congratulates Sintracarb&oacute;n and its membership for standing steadfast in these negotiations in order to meet their other contractual demands. Those include sizeable payouts in both years of the agreement for university educations for children of miners; a series of bonuses for Cerrej&oacute;n&rsquo;s workers, which includes a ratification bonus and a set production bonus that will increase when the company&rsquo;s coal price exceeds US$48-per-tonne; additional employer contributions to a pension fund in each year of the agreement; and extra monthly medical stipends for family members. 
 
The ICEM is specifically proud of the achievements Sintracarb&oacute;n made for contract workers employed at Carbones del Cerrej&oacute;n in Guajira state. That includes bringing 80 temporary workers to full-time, permanent status; and enlarging the level of benefits for contract labourers once six months of employment is complete. One more requirement is for the company to conduct interviews with contract employers to ensure they are complying with Colombian law, and that this process is shared with the union. 
 
For further details: <a href="/en/78-ICEM-InBrief/2105-Sintracarbón’s-Miners-Poised-to-Strike-at-Carbones-del-Cerrejón-in-Colombia">/en/78-ICEM-InBrief/2105-Sintracarb&oacute;n&rsquo;s-Miners-Poised-to-Strike-at-Carbones-del-Cerrej&oacute;n-in-Colombia</a>.

ICEM Applauds Coal Agreement Reached in Colombia

ICEM WOMEN’S BULLETIN N° 16

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The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) filed, at the request of the All-India Council of Unilever Unions, a complaint last week with the OECD National Contact Points in both the UK and The Netherlands. Unilever, the third largest global food company, is an Anglo-Dutch conglomerate. 
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The OECD complaint is on the appalling behaviour by Hindustan Lever, an Indian Unilever subsidiary, who, as described in a prior ICEM InBrief article, last year sold its Mumbai factory in order to have it closed down by another enterprise. In doing that, the company not only wanted to avoid paying taxes, the effort was also meant to escape duties to its own workforce. 
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The ICEM, together with the IUF, seeks the major global corporation to set things right, and calls on Unilever to respect both the relevant international standards, as well as the national law in India. The two GUFs believe that Hindustan Lever must immediately start fair and honest negotiations with the Hindustan Lever Employees&rsquo; Union (HLEU), the trade union representing its workforce. 
 
More on the dispute can be found on the IUF&rsquo;s web-site <a href="http://www.iufdocuments.org/cgi-bin/dbman/db.cgi?db=default&amp;uid=default&amp;ID=3745&amp;view_records=1&amp;ww=1&amp;en=1 ">here</a>.

OECD Complaint Filed on Unilever India

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The ten-month dispute between ICEM affiliate Oilfield Workers' Trade Union (OWTU) and the Trinidad and Tobago state oil company Petrotrin ended early this month when a new three-year agreement was agreed to.
Agreements were reached for all five Petrotrin bargaining units, covering 5,000 workers in total. The different labour agreements are similar, sharing many of the advances reached, for example a 15% salary increase over three years. 
<img height="93" alt="" src="" width="100" />
Differences between the five agreements can be found in the periods that the agreements cover, with some going back to 2005, and others to February 2006. The 1,500 refinery workers, for example, will receive a 6% wage increase backdated to February 2006. They will be given a 5% increase in 2007 and a further 4 % in 2008. 
 
Agreement was reached on a wide set of issues, includes on health and safety topics and on cost of living allowances. According to an OWTU Spokesman, the union regards the agreement as a good agreement, given the circumstances. 
 
The dispute was marked by several industrial actions by the refinery workers at the Pointe-a-Pierre set of plants, as well as by marches on the company's corporate offices by OWTU members of all the bargaining units.

Trinidad&#039;s State Oil Company Comes to Terms with Workers

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The second Trade Union Seminar for Repsol-YPF trade unionists took place in Buenos Aires, Argentina on 9-11 October. Repsol-YPF, a Spanish-Argentinean multinational, employs 16,000 workers worldwide and ranks in the top ten of oil and gas companies. 
 
ICEM affiliate Fiteqa, with the active support of CC.OO&rsquo;s Paz y Solidaridad Foundation (FPS) was again leading this initiative. Trade unionists from Spain, Argentina, Brazil, Chile, Peru, Colombia, Bolivia, Venezuela and Cuba met to debate around their common concerns and to create a union network. ICEM was represented at the event by its Latin-American Vice-President and its Energy Officer. 
<img height="81" alt="" src="" width="100" />
The seminar gave participants the ability to compare their industrial, economic, social and political realities as well as to reinforce their unity and solidarity. For Isidor Boix, International Secretary of Fetiqa, &ldquo;the level of discussions and the commitment shown by all the colleagues who participated constitutes a very sound basis for the future work of the network&rdquo; 
 
The Repsol-YPF unions have also decided during this meeting to set up a web site to extend and deepen the information resources of the workers they represent. At the end of the sessions, representatives of the union network met representatives of Repsol-YPF to introduce their future work plan. 
 
The next meeting will take place in Peru in October 2007, while the webpage should be launched over the coming months.

Repsol Union Representatives from 9 Countries Meet in Argentina

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The dispute in Argentina between ICEM affiliate Sindicato &Uacute;nico de Trabajadores del Neum&aacute;tico Argentino (SUTNA) and the F&aacute;brica Neum&aacute;ticos de Avanzada (NA), a competition tyre making company in C&oacute;rdoba, is going from bad to worse. Over the last few weeks, trade unionists have been harassed and intimidated, including many of the dismissed workers at the tyre plant, their family members, SUTNA union representatives, and the union&rsquo;s attorney. 
 
The house of Ignacio Ferrer, a lawyer working for SUTNA, was turned upside down during a break-in by unknown aggressors. A clear sign that the burglary was only meant to intimidate, is the fact that nothing was taken. 
 
Further aggravation came when the provincial police refused to take action, arguing that they could do nothing since nothing was taken. Failure by the police to do something seems to be endemic in C&oacute;rdoba as none of the other intimidation complaints have been investigated by the police either. 
<img height="112" alt="" src="" width="129" />
Union representatives, as well as union members, have been threatened on at least five different occasions, mainly through bullying by unknown individuals. Similar things happened to their family members. 
 
The Union&rsquo;s Assistant secretary, Rub&eacute;n Silva, for example, was approached by the company&rsquo;s security people while he was talking to the strikers in front of the plant. He was told by a company security guard that the man &ldquo;would break all his bones so that he could never **** again.&rdquo; Another tactic used against the same man is to drive around in cars without license plates in the area where he lives, asking neighbours where his house is. 
 
NA refuses to participate in mandatory reconciliation efforts, thereby turning down any possibility for a dialogue. As part of that, the company&rsquo;s security personnel refused entry to an officer from the Department of Justice, accompanied by, among other people, the union&rsquo;s lawyer and two police officers. They were refused entry in spite of the fact that they had a warrant issued by a court. The group later managed to get in by jumping a gate. 
 
The conflict started in early August when NA, in a clear violation of trade union rights, started to dismiss staff members for becoming SUTNA members. Things escalated when the company became openly hostile to SUTNA&rsquo;s industrial actions, which occurred in support of the 25 sacked SUTNA members. The dispute follows the signing, for the first time in 31 years, of a national agreement for the Argentinean rubber sector with the employers&rsquo; association.

SUTNA Rubber Dispute in Argentina Hardens

Archive

James Hardie Asbestos Case Finally Concludes Successfully

‘Serious Concerns’ in Murder Investigation of Guatemalan Dockworkers’ Leader

13-Year-Old Child Among 40 Dead in Colombian Mine Disasters

ICEM Condemns Attack on PGFTU, Destruction of ‘Workers’ Voice’ Radio in Palestine

ICEM Applauds Coal Agreement Reached in Colombia

ICEM WOMEN’S BULLETIN N° 16

OECD Complaint Filed on Unilever India

Trinidad's State Oil Company Comes to Terms with Workers

Repsol Union Representatives from 9 Countries Meet in Argentina

SUTNA Rubber Dispute in Argentina Hardens

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