Indonesian unions oppose Omnibus Bill

IndustriALL Global Union has written to Indonesian President Joko Widodo, calling on him to ensure that the proposed law amendment will not infringe on the rights and benefits of Indonesian workers protected under existing labour legislation.

In a letter dated 29 July, IndustriALL general secretary Valter Sanches expressed serious concerns that the Omnibus Bill would lead to further labour flexibility, undermining protections such as the minimum wage, severance pay, health coverage and pension schemes.

He emphasized that:

“The draft bill is clearly in contravention of ILO Convention 98 on the Right to Organize and Collective Bargaining, Convention 100 on Equal Remuneration, and Convention 144 on Tripartite Consultation, which have been ratified by the government of Indonesia.
“The ongoing tripartite consultation must be conducted in good faith and on equal footing with all social partners. Rights and benefits guaranteed in the current labour laws and international core labour standards must not be infringed.”

The controversial bill is a focal point for Indonesian labour movement organizing. On 3 August, the Confederation of Indonesian Trade Unions (KSPI) mobilized thousands of workers to protest the Omnibus Bill at the Indonesian parliament and the Coordinating Ministry for Economic Affairs.

The KSPI-FSPMI protest at the parliament

The KSPI president Said Iqbal says:

“We received information that Omnibus Bill will quietly be debated when the parliament is in recess. We will continue to organize protests until the bill is abandoned. A big rally will be held simultaneously across Indonesia on 25 August.
“Since the outbreak of Covid-19 pandemic, more than 100,000 workers have been laid off and 96,000 workers furloughed, the government should concentrate its energy to mitigate the employment crisis and stop the debate on Omnibus Bill.”

The president of the Confederation of All Indonesian Workers' Union (KSPSI), All Indonesian Trade Union Confederation (KSBSI), Elly Rosita Silaban, who is now a member of a technical committee established by the government says:

“We will use the technical committee as a forum to present trade unions’ viewpoints that we firmly reject Omnibus Bill as it threatens workers’ rights such as wages, severance pay, work hours, social security and standard employments.
“KSBSI will never accept any form of degradation of rights. Nor we are anti-investment. Trade unions are key stakeholder, we have right to be consulted and give input in drafting labour bill”.

Protesting paper workers in Indonesia brutally dispersed by police

FSP2KI strongly criticized the actions of the 120 police officers, who assaulted and beat union members. Several women union members were sexually harassed by police officers during the dispersal.

The workers had been taking action in front of the company gates for 65 days in solidarity with 38 members whose work contracts were discontinued by the outsourcing company PT. Kaliguma Transindo, when PTTEL ended the contract, and appointed PT Kamigumi Indonesia as the new outsourcing company.

They demand that the new outsourcing company rehires all the workers who were formerly employed by PT Kaliguma Transindo.

Tom Grinter, IndustriALL director for the pulp and paper sector, said:

“We condemn the violence and harassment of our members at PTTEL, who were exercising their right to peaceful assembly when they were attacked. We urge PTTEL and the Ministry of Manpower to intervene in the dispute and ensure that all 38 workers are rehired.”

IndustriALL Southeast Asia regional secretary Annie Adviento said:

“PTTEL must behave in a socially responsible manner because workers have been working at the site for 20 years. To cut these jobs at a time of Covid-19 pandemic is shameful.
“According to ILO, the number of precarious workers in Indonesia increased rapidly from 6 million in 2001 to 11 million in 2010. The government must reform labour laws to impede labour flexibility. PTTEL should gradually absorb its employees as permanent employees.”

FSP2KI secretary general M. Fatkuroji added:

“The failure of PT Kamigumi Indonesia to reinstate former PT Kaliguma Transindo employees violates the Regulation of the Minister of Manpower Number 19 of 2012 and Regulation Number 101 of 2004, which stipulates that a new outsourcing company must accept workers from the previous outsourcing company, as long as the same type of work remains with the employing company.
“Furthermore, Article 27 of the 1945 Constitution and Decree of the Constitutional Court 2011 guarantees the rights of citizens to a decent job and livelihood. It is the government’s obligation towards citizens for humanity.”

Union drive victorious at Kumho Tire USA

Workers at Kumho Tire, in Macon, Georgia, voted to join IndustriALL Global Union affiliate the USW in September last year, but 13 ballots were contested. Yesterday, the National Labor Relations Board declared the union drive victorious.

Korean tyre multinational Kumho opened its Macon plant in 2016, with the first recognition vote held the next year. But the vote failed after a “vicious” and illegal union-busting campaign, which include threats against union members. A judge ruled that the company had violated workers’ rights during the 2017 election, and ordered a new election. He also ordered the company to read to workers a list of the labour laws it had violated.

While waiting for the final election results, conditions at Kumho got worse: when the Covid-19 pandemic hit, the company failed to distribute masks, supply sanitizer or take other common-sense steps.

Daniel Flippo, the USW director for District 9 – which includes seven southern states – said:

“Workers’ solidarity in the face of extreme intimidation shows just how urgently they need the workplace protections that only a union can provide. And their victory over an abusive, greedy company should inspire other workers who want to end the mistreatment they face from their own employers.”

IndustriALL and its affiliate, the Korean Metal Workers’ Union (KMWU), which represents over 3,500 Kumho Tire workers in South Korea, have supported the Macon workers in their battle for union representation.

IndustriALL director for the rubber industry, Tom Grinter, said:

“We are very happy to welcome Kumho Tire workers from Macon, Georgia, to our union family. You fought a brave fight against a vicious union-busting campaign, and you won.
“We will continue to work together to improve the working lives of our members in this sector across the world.”

Union successfully fights mass dismissals in Myanmar

In March, Kamcaine Manufacturing used Covid-19 as an excuse to dismiss 57 workers, members of IWFM. After months of engagement and a campaign to reinstate them, the company and the union reached a written agreement on 4 August 2020.

The agreement states that all 57 workers will be rehired and 5 local union leaders be reinstated with full back wages, benefits, and seniority.

Both parties agree to comply with freedom of association (FOA) guidelines, which stipulate that no worker should be penalized or discriminated against for his or her participation in a trade union.

In March, the garment company terminated the 57 IWFM members, including all seven executive members of the local union. The company claimed the termination was unavoidable due to a lack of orders during the Covid-19 pandemic. However, IWFM criticized management for union busting, as new workers were hired after the dismissal of the union members.

The IWFM also successfully negotiated with Futeli garment factory to reinstate 111 workers with full compensation and their original status. The garment workers were laid off in March and April, during the lockdown.

IWFM president Khaing Zar says:

“Since March 2020, IWFM, suppliers and ACT brands have started social dialogue on FOA guidelines. I hope suppliers consult trade unions and brands before implementing any redundancy plan. If suppliers take unilateral decisions without discussing with us, it defeats the purpose of social dialogue.”

Christina Hajagos-Clausen, IndustriALL sector director says:

“I congratulate IWFM for its two victories. I am glad to see that the FOA guidelines have become a standard reference and that the dispute resolution mechanism is functioning. IndustriALL will continue to promote awareness on FOA guidelines among garment suppliers associated with ACT brands.”

Asia Pacific unions demand Cambodian government release Rong Chhun

In a joint press release dated 4 August 2020, global unions condemned the arrest of Rong Chhun, who was arrested by the police at 9:30pm on 31 July in Phnom Penh. The authorities accused him of spreading fake news and “incitement to commit a felony or cause social unrest” after he made remarks relating to the Cambodia-Vietnam border issue.

Reportedly, Rong Chhun criticized the Cambodian government for ignoring the encroachment by Vietnamese authorities onto farmers’ land by installing a border marker at Tbong Kmom. This irregularity led to farmers losing lands and livelihoods.

The global unions urged the Cambodian government to the respect trade union leader’s freedom of expression and fundamental human rights, as well as to uphold the principles in the ILO Convention 87 and international human rights treaties ratified by Cambodian government.

Yang Sophorn, the president of Cambodian Trade Unions Federation (CATU), which affiliates to CCU and IndustriALL, says:

“The arrest of Rong Chhun has violated the Constitution of Cambodia which guarantees freedom of expression of Cambodian citizens, no one should be punished just because giving fair comment on politics, social and cultural issues.
“As labour and human rights activist, Rong Chhun has been courageously defending rights and benefits of workers, teachers, civil servants, police and soldiers who suffered injustice. Suppressing his free speech is obviously a violation of human rights”

IndustriALL South East Asia regional secretary Annie Adviento says :

“We have serious concerns over the pattern of invoking fake news provisions in Cambodian national laws to persecute trade union leaders. Several months ago, another local union leader, Soy Sros, was detained without trial for two months simply because she criticized her company on Facebook.
“A respected union figure such as Rong Chhun deserves better than this unreasonable investigation for “incitement”. Release Rong Chhun immediately!”

What is ammonium nitrate, and why is it so dangerous?

What is ammonium nitrate, and why did it explode? IndustriALL Global Union’s health and safety expert, Brian Kohler, answers the important questions.

What is ammonium nitrate?

Ammonium nitrate is a well-known hazardous material, and has been involved in many disastrous explosions in the past. It is an inorganic chemical used as a nitrogen-rich fertilizer, and also (unsurprisingly) in the manufacture of explosives.

Why was it being stored at the port of Beirut?

The full story of what triggered this explosion may never be known. However, six years ago, an ageing cargo ship carrying some 2,750 tonnes of ammonium nitrate made a stop in Lebanon. Debt-ridden and found to be unseaworthy, the ship was impounded and the dangerous cargo confiscated.

Rather than resolving the issue or disposing of the seized goods safely, the dangerous ammonium nitrate was stored in a warehouse by the port of Beirut for the past six years. Repeated requests from officials for authorization to dispose or sell the material were apparently unanswered.

Why did it explode?

Normally, ammonium nitrate can be handled safely. It can, of course, be deliberately detonated when used as an explosive. However, under certain conditions, it can accidentally detonate with devastating force.

The ILO International Chemical Safety Card for ammonium nitrate can be found here. Explosive materials are usually regulated. Different jurisdictions have different regulations or guidance on the handling and storage of ammonium nitrate. Check for the applicable rules in your jurisdiction. Here, for example, is some guidance from the United Kingdom.

The conditions that make it more dangerous include the presence of impurities such as organic materials, other explosive substances, metals, and sulphur. However, long-term storage of large quantities is in itself dangerous because the material tends to absorb moisture and contaminants and solidify or “cake”.

Also, slow decomposition of the chemical, especially when stored in large quantities in a hot environment, can result in an increasing risk of the accumulation of decomposition products, self-heating (from the heat released by the slow decomposition reactions) and eventually sudden detonation when a critical self-decomposition temperature is reached.

Ammonium nitrate should be stored separately from other flammable and explosive materials and potential contaminants in well-designed fire-safe buildings. Stored quantities should be limited, as should storage duration. Any contaminated material (for example from broken bags) must be safely disposed of, immediately. Obviously, any sources of ignition, including smoking, must be strictly prohibited anywhere near this material.

It can be obvious that storing a large lot of ammonium nitrate for six years in a Lebanese warehouse makes all of these conditions more possible. Bags can become damaged, making the chance of contamination more likely. Self-heating can start, slowly at first, within the large pile. Hot weather can create extreme temperatures inside warehouses, particularly if people do not normally work in them.

Alternatively, if people are in the area frequently, long-term storage can make them complacent of the risk, and exposure to impacts or sources of ignition such as electric shock, or unauthorized smoking, may be more likely. We should also not rule out the possibility of malicious actors taking advantage of such a store of dangerous material without a thorough investigation.

What is the environmental impact of the explosion?

Whenever large amounts of any kind of building or infrastructure is vapourized, the air will be filled with unknown levels of whatever was used in their construction: heavy metals like lead; dangerous materials like asbestos; chemicals and combustion products of every sort; and of course dust, which will have a high percentage of silica.

This was observed following the destruction of the World Trade Centre in New York, bombings in Iraq, and the fire at Notre Dame in Paris, where lead was released from the vapourizing of the lead-sheathed spire. The products of the combustion of ammonium nitrate itself will be every conceivable combination of nitric and nitrous oxides, nitric acid, and so on. Some of these are toxic, but their presence will be short-lived.

What should happen now?

The accident needs to be properly, transparently and independently investigated to determine which, if any, of these conditions existed. Storing such a large quantity of ammonium nitrate for so long can be defined as an accident waiting to happen. Those found to be responsible should be held accountable, and systems put in place to prevent similar accidents happening in future.

We offer our sincere condolences to the victims and their families; along with the wish that such a disaster never be repeated.

Image: Mayof Elkezza on Twitter

Nissan to keep production and employment in Spain until the end of 2021

This follows the announcement in late May that Nissan intends to close its Barcelona factories as part of global restructuring. The agreement is the result of a defiant and determined struggle. After starting indefinite strike action on 4 May, unions mobilized a nationwide protest movement against the factory closures. A caravan of Nissan workers travelled across the country to build support for the struggle, and demonstrations were held at Nissan dealerships across the country. The workers’ refusal to go quietly played a significantly role in winning the agreement.

IndustriALL sent a solidarity message and recorded a video message in support of the Nissan workers.

The intense negotiations between workers’ representatives and the management of Nissan Motor Ibérica (NMISA), with the involvement of the labour mediation service, started on Tuesday, 4 August and lasted for almost 39 hours, until an agreement was reached on 5 August.

The agreement covers the Barcelona sites of the Zona Franca, Montcada and Sant Andreu production sites and the Nissan Distribution Centre, representing about 80 per cent of the Nissan workforce in Spain.

The agreement, which was approved in a vote by workers on 6 August, stipulates that there will be no forced redundancies until the end of 2021. The agreement allows different early retirement schemes for those over 51, and incentives for voluntary redundancy. In parallel with the agreement, the unions report that a re-industrialization project that would take care of Nissan’s workforce after the end of the agreement is at an advanced phase of discussion with the Ministry of Labour.

“After almost three months since the announcement of a total closure and without a solution, we consider that saving all the jobs, in this context, is a great deal. We regret the ways and the time chosen by Nissan to announce its departure, but our goal is jobs, and that an industrial centre continues to exist, and this has been achieved. Unity has been key to this success,"

stressed Raúl Montoya, secretary of trade union action of the Industry Federation USO.

For the auto industry secretary of UGT FICA, Jordi Carmona, it is

“a good agreement that, for the moment, clears up the uncertainty about the future of jobs. The agreement avoids the immediate closure of the Nissan plants in Catalonia and application of traumatic measures towards workers while a long-term industrial solution is sought to secure all the jobs of the current Nissan staff and the auxiliary industry dependent on the multinational”.

CC.OO de Industria released a statement, saying:

“This has not been an easy journey, with 95 days of indefinite strike…. that saw social and union mobilizations in Cantabria, Madrid, Barcelona, with night marches, which were a great collective exercise in the fight against Nissan's decision.
“This agreement culminates intense work carried out by union representatives in the company, who insistently maintained unity of action in the fight, allowing us to achieve a balanced agreement that, despite all the difficulties, meets the aspirations of the staff.”

IndustriALL General Secretary Valter Sanches said:

“This is a very good result, won through brave struggle for almost 100 days, and tenacious negotiation on the part of the union team. The essential element is the link between this agreement and the proposed re-industrialization project. The redeployment of this skilled workforce must be part of a European Green New Deal that ensures that these skills and production capacities are not lost. We urge the labour ministry to pay close attention to the detail of this project.
“Most importantly, we must congratulate our affiliates on their unity, and the 2,500 workers who never gave up by singing #NissanNoSeCierra every single one of the past 100 days.”

Indian unions to observe “Save India Day” against Modi government

The unions chose 9 August to draw parallels between the present government’s attitude and that of a colonial ruler. On this day in 1942, a mass civil disobedience movement – the Quit India movement – was launched, demanding the end to colonial rule.

In a joint statement issued on 22 July, unions underlined that during Covid-19 containment measures, workers’ rights came under severe attack, while the government remained a spectator. The government imposed an ill-planned lockdown for months, with severe economic losses for ordinary people, while failing to augment health infrastructure, causing immense misery.

After the lockdown, as many industrial units reopened, workers faced retrenchments, wage reductions and lost pay for the lockdown period. Millions of daily wage workers and contract workers lost their jobs, while the self-employed lost their livelihoods.

About 30 to 35 per cent of micro-, small- and medium-sized enterprises who provide employment to a great number of workers reported they are not in a position to restart their activities. Unions expressed concern that the situation pushes people into deeper poverty and hunger. Experts warned that resulting the depression might lead to suicide among workers.

Instead of focusing on these critical problems, the government has pushed the privatization of premium public sector enterprises, including Indian Railways and Air India, and in sectors including coal, space science and atomic energy, banking, insurance and other sectors. Many state governments have amended labour laws to the detriment to workers.

Dr G Sanjeeva Reddy, president of INTUC and IndustriALL affiliate INMF, said:

“The united union struggle has become necessary as the Modi government on numerous fronts failed in addressing workers’ problems and instead announced slew of anti-worker policies including sweeping changes to labour laws since it came to power. During the time of Covid -19 it left workers to fend for themselves. The government, which has no respect and concern, towards the rights and basic survival-entitlements of workers and the people, does not deserve any co-operation. The united struggle will intensify in coming days”.

The central unions extended solidarity to ongoing struggles in different sectors. Coal sector unions organized a massive three-day strike 2-4 July to protest privatization. The coala unions will hold joint actions on 18 August to intensify their protest against the bidding for coal blocks for private commercial mining. The defence sector federations will take joint strike action in mid-September. The social sector workers, consisting of many women care workers, will take strike action on 7 and 8 August. The railway federations are also planning actions.

Kemal Özkan, IndustriALL assistant general secretary said:

“Various reports, including that of ILO, on the impacts of Covid-19 on the world of work in India call for active state intervention to provide relief and support to working people.
“In this critical period, we call upon the government of India to engage in meaningful and constructive social dialogue with trade unions to find solutions to urgent problems faced by workers. IndustriALL Global Union stands in solidarity with the Indian trade union movement in this just struggle to protect workers’ and people’s interests.”

Millions of workers across India are expected to take part in the action on 9 August. Earlier global unions launched a campaign against sweeping anti-worker labour law changes announced by many state governments in India.

Zimbabwean government labels union “terrorist organization”

Amongst those arrested was award winning author Tsitsi Dangarembga whose novel This Mournable Body is on the Booker Prize long list for 2020. She is out on bail while others remain in prison. Some unionists have gone into hiding to avoid the arrests.

The Zimbabwe Human Rights NGO Forum says over 40 people have been arrested since 20 July and these include activists, investigative journalists reporting on corruption surrounding Covid-19 funds, and opposition politicians.

Early this week, a Twitter campaign, #ZimbabweanLivesMatter, that condemns the human rights violations attracted regional and international solidarity, with over 700,000 posts. In response to the popular campaign, President Emmerson Mnangagwa said on 4 August that the economic crisis was caused by “opposition political elements, illegal economic sanctions, cyclones, droughts and more recently the Covid19 pandemic.” He also blamed the crisis on “bad apples” that he said, “will be flushed out.”

The repression worsens the dire situation of Zimbabwean workers. They earn far below living wages and cannot afford basics. Working time has been reduced due to Covid-19 restrictions, resulting in even less wages. In some sectors, workers earn as little as US $40 to US $75 per month, and say they need a minimum of at least US $200 to be able to buy food.

When workers finish work, there is no public transport, and some walk over 25 km to get home. They must walk this distance or face arrests under a Covid-19 curfew. The government has banned private transport operators in favour of an unreliable state-owned bus company.

IndustriALL Global Union has 10 affiliates in Zimbabwe that organize workers in the chemical, plastics, energy, metal and engineering, mining, and textile, garment, leather and shoe, and other sectors.

With hyperinflation around 737 per cent, the economy is in a crisis with fuel and money shortages common. However, unions are not relenting. To cushion workers against the harsh economic environment, they are preparing for a general strike for living wages.

Protesting the harsh conditions is seen by the government as an attempt at “regime change” and met with threats and repression by the security forces. For instance, the ruling ZANU PF party said last week that the Zimbabwe Congress of Trade Unions (ZCTU) is a “terrorist organization” much to the condemnation by Zimbabwean unions, South African federations, regional, and global trade union organizations. The ZCTU president Peter Mutasa is in hiding after his name appeared on a police list for “interviews” in connection with the demonstrations.

Paule-France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa says:

“Zimbabwe’s 2013 constitution recognizes fundamental human rights and freedoms as well as labour rights. This means that the government has a responsibility to ensure that these rights are protected and not violated by state security forces. The Covid-19 pandemic should not be used as an excuse to violate workers and human rights.”

Mavis Koogotsitse, executive secretary of the Southern Africa Trade Union Coordinating Council, condemned “the continued hostile treatment and intimidation of trade unionists and civil society activists by state security agents in Zimbabwe.”

Image: a file photo of police violence in Harare in October 2019. By Lovejoy Mtongwiza

IndustriALL solidarity with the people of Lebanon

An explosion yesterday evening in the port of Beirut, close to the city centre, caused the loss of at least 100 lives. Buildings were damaged within a radius of four kilometres, and there is widespread destruction.

IndustriALL Global Union sends its condolences to the people of Beirut in their time of suffering, and expresses its solidarity as they stand together in dignity. As always, the people of Beirut have mobilized to support each other, donating blood and using social media to locate the missing.

The people of Lebanon have endured tremendous pressure over the past few years. War in neighbouring countries has led to instability and the influx of more than a million refugees. Covid-19 has stretched the health system to capacity, and the country has faced an economic crisis, with food shortages and frequent interruption to the electricity supply.

The explosion is an additional shock to an already vulnerable city. Hospitals and clinics were severely damaged, putting further pressure on already overwhelmed health workers. Grain supplies stored at the port were destroyed, adding to the food crisis.

IndustriALL assistant general secretary Kemal Özkan said:

“IndustriALL is deeply saddened by the suffering and destruction to a city that has played host to many of our regional activities over the years. From Hamra to Achrafieh, from the Raouche rocks to Bourj Hammoud, the city of Beirut is much-loved by participants in IndustriALL activities.
“IndustriALL has three affiliates in Lebanon. One reports damage to their office building, but thankfully we have received no reports of injuries. We send our condolences and solidarity to you, and assure you of our support in this difficult time.
“The people will stand together. The wounds will heal. The city will be rebuilt. IndustriALL remains in solidarity with you.”

In the words of Lebanon’s great artist, Fairouz, in her anthem to the city, Li Beirut:

“To Beirut, my heart salutes Beirut
And kisses to the sea and houses
To the rock shaped like the face of an old sailor…
"…how did its taste become the taste of fire and smoke?

“You are mine, you are mine
Oh hold me, you are mine
You are my Beirut, you are mine,
Oh embrace me.”