Colombian worker perspectives from Cerrejón Coal mine - LAPFF webinar

Last week I chaired this webinar on behalf of the Local Authority Pension Fund Forum (LAPFF). While it can at times be tough being a trade union activist in this country it is nothing to the perils and physical dangers facing Colombian trade unions. 

Check out this account of the meeting below by LAPFF (video of meeting can be seen by its members of their website) and also the article on the IndustriALL website  http://www.industriall-union.org/colombian-worker-perspectives-from-cerrejon-coal-mine (picture credit above)

"On 8 April, LAPFF Vice Chair, Cllr John Gray hosted a webinar with IndustriALL Global Union to provide investors with an update on how Cerrejón’s operations are affecting workers in Colombia. This webinar follows on from a recent LAPFF webinar with a community member affected by Cerrejón. Two workers from SINTRACARBON, a national union of the Colombian coal industry and the main union at Cerrejón, spoke about serious health and safety concerns at the mine.d

After Cerrejón and the union recently concluded a collective agreement, the company turned around and implemented a punishing shift change that will have serious health and safety implications for workers and their families, and an enormous impact on jobs at the mine. In what the union is calling a “jobs slaughter”, Cerrejón is now talking of 450 dismissals in connection with the shift change, with workers’ rights being sacrificed as the mine’s three owners, BHP, Glencore and AngloAmerican, seek to exit thermal coal. Igor Kareld Díaz López, president of SINTRACARBON, spoke about the labor situation at Cerrejón, the actions workers have taken in response, and why Cerrejón and its owners need to take workers’ rights seriously. He also addressed questions about a “just transition” at the mine.

Further, all three companies say that diversity and inclusion are integral to their success are very public in their efforts in training and hiring more women. Unfortunately, these gestures do not reflect the reality for women. Behind the narrative, there are still huge gaps as to how diversity and gender equality are addressed in reality. Hidanora Pérez, a Sintracarbón union leader employed at Cerrejón, addressed existing gender discrimination and inequality at the mine and described what her union is doing to hold the mine to account for the gaps between policy and implementation".

BHP mine workers tell investors about their reality (and the "Shift of Death")

As a Pension trustee I took part in this virtual round table. It is shocking how badly supposedly "blue chip" responsible international mining companies treat their workers (and the environment!). Setting up "dummy" companies to outsource staff in order to avoid paying them proper wages and protecting their health and safety is just unacceptable and a massive financial risk to investors. 

"18 November, 2020IndustriALL Global Union and PIRC (Pensions & Investment Research Consultants Ltd.) hosted a virtual round table, bringing together BHP worker representatives with investors in the company to raise concerns over violations and mishandling of Covid-19.

The objective was to give voice to the concerns of workers at BHP operations in South America and to allow investors to engage in direct conversation with the workers. Major investors from the UK, France, Sweden and the Netherlands, as well as a number of key responsible investment service providers, participated.

Igor Díaz, president of IndustriALL affiliate SINTRACARBON, spoke about the situation at the Cerrejón coal mine in Colombia, jointly owned by BHP, AngloAmerican and Glencore, where workers have been on strike since late August.

Cerrejón has unilaterally – and illegally – imposed a schedule change that workers call the “shift of death”. It will lead to 12-hour workdays, increased working time, the elimination of benefits, the sacking of over 1,000 workers and serious impacts on workers’ health and family life. Far from driving productivity, the move threatens the well-being of miners and their communities.

Marcelo Franco, president of the workers’ union at BHP’s Cerro Colorado mine in Chile and head of the Coordinating Committee bringing together six BHP unions, discussed conditions at the company’s three owned assets in that country. Marcelo spoke of the mishandling of Covid-19 by BHP, with workers in many cases left to fend for themselves, isolated in squalid accommodations with insufficient food and medical attention or simply sent back to their families to be cared for.

The company took advantage of the government’s discrimination against workers with pre-existing conditions, leading to mass firings of these workers and their inability to find work elsewhere.

Marcelo Franco also underlined the company’s weakness in handling gender mainstreaming, including pushing male miners out to make room for female counterparts, and the lack of necessary adjustments made for women workers, such as adapted PPE for mining and appropriate health and safety conditions to protect women in the workplace.

Conditions for women workers at Cerrejón mine are also poor, with no childcare or breastfeeding facilities.

IndustriALL mining director Glen Mpufane said:

“BHP – along with AngloAmerican and Glencore – continues to claim that it cannot control what happens at Cerrejón, as it is only a part-owner. But they cannot reap the profits without taking any of the responsibility: as companies that have endorsed the UN Guiding Principles on Business and Human Rights, they know that claims of “minority ownership” are no longer acceptable excuses for avoiding accountability. And while the other two MNCs have at least agreed to a dialogue with IndustriALL, BHP will not do even that.”

The round table touched on corporate governance and human rights-related risks to which BHP is exposing itself: namely, the disjuncture between its handling of Covid-19 in the global North versus the global South, and its extensive use of contract workers.

These workers have been particularly vulnerable during the pandemic, as they often cannot access sick leave or medical insurance, nor are they likely to speak up about health and safety at worksites due to the fear of losing their jobs.

The Australian Fair Work Commission recently threw out an appeal by BHP regarding its outsourcing model, Operations Services, and agreed with the CFMEU and several other IndustriALL affiliate unions that genuine agreement with the workforce had not been demonstrated and that the agreements may not pass the “better off overall test” compared with the industry award, as it is based on lower pay for the same work by contracted workers.
While the Australian unions had recourse because of a strong regulatory framework and judiciary, unions in the global South generally do not have access to remedy in the face of human rights abuses by foreign multinational corporations.

The main “ask” of investors at the round table was that they engage BHP on the concerns raised.

As Kemal Özkan, IndustriALL assistant general secretary said:

“The company must face the risks to which it is exposing its workforce, and address poor labour, environmental and governance practices at the South American assets that it either owns or co-owns. BHP has repeatedly refused to enter into direct dialogue with IndustriALL, thus closing off a major route to resolving problems locally.

“The question arises as to why the company is so willfully avoiding sitting down with workers and their representatives.”

Photo 1: Igor Díaz, president SINTRACARBON, Colombia, on the virtual round table.

Photo 2: Marcelo Franco, president of the workers’ union at BHP’s Cerro Colorado mine in Chile and head of the Coordinating Committee bringing together six BHP unions.