The risks of investment treaties for the Colombian people

According to a report by the Transnational Institute (TNI), from 2016 to 2019, foreign investors filed 13 claims against Colombia before international arbitral tribunals. These tribunals decide on what is most important, private profits or the public interest.

So far, only one of the 13 claims has been settled; a claim brought by Glencore, in 2016, in which the court ordered Colombia to pay US$19 million.

Bilateral investment treaties (BITs) are usually tied to Investor-State Dispute Settlement (ISDS), a mechanism through which companies are able to sue a government deemed to have taken measures that harm their profits.

The Colombian government has concluded six BITs. It has also started the accession process to become a party to the Energy Charter Treaty (ECT), considered the most dangerous investment protection treaty in the world. The ECT grants foreign investors in the energy sector extensive rights to directly sue states in international tribunals.

“In the case of Colombia, treaties such as the ECT could prevent the development of energy policies crucial to the transition from polluting to renewable energies. Worker involvement in trade agreement and treaty negotiations is urgently needed to ensure sustainable industry and a sustainable future with decent work,”

says IndustriALL’s regional secretary, Marino Vani.

“Our Colombian affiliates are participating in the broad-based mining and energy dialogue (Mesa Minero Energética), which has started to tackle this issue. Debating this matter is of strategic and vital importance.”

Colombia is not the only country in the region facing this challenge. Latin America and the Caribbean currently have the highest number of BITs, many of which were not the subject of consensus building and negotiation processes.

The region’s countries are also among those facing the most ISDS claims. The TNI, for example, reports that 267 cases have been filed against governments in the region, representing a third of all claims globally. The investor benefited from the outcome in 70 per cent of the 152 cases settled.

In 2018, IndustriALL’s Executive Committee adopted a global action plan for fair international trade and industrial policy, to encourage its affiliates around the world to play a role in the negotiation of multilateral trade agreements and treaties.

IndustriALL’s trade union representatives in Latin America and the Caribbean have adopted a regional action plan to put the global guidelines into practice. They have resolved to oppose ISDS provisions in all trade and investment agreements. They will urge their respective governments to withdraw from investment agreements with ISDS provisions and rewrite investment rules, with a view to promoting sustainable development.

Vietnamese unions welcome new labour code

In December 2019, the National Assembly of Vietnam passed a new labour code which will come into effect in January 2021.

It allows for workers to form independent unions at the workplace; wages to be negotiated between employers and employees/unions, although employers must follow the national minimum wage policy; a cap on overtime (40 hours/month, 200 hours/year, although for textile, garment, footwear and electronics it is 300 hours/year); increased retirement age 60 to 62 years for men, and from 50 to 55 years for women; prohibition of sexual harassment and job discrimination based on race, nationality, ethnic group, gender, marital status, pregnancy, political views, disability, HIV.

Tran Quang Huy, president of Vietnam National Union of Workers in Industry and Trade, says:

"The labour code is quite progressive and provides an opportunity for unions to boost its reform process, promoting the union’s functions and role in protecting workers."

IndustriALL regional secretary Annie Adviento lauded the bold decision that alignes Vietnamese labour laws with ILO Convention 87 on Freedom of Association and Protection of the Right to Organise.

“The true spirit of freedom of association is ensuring workers have freedom to organize workers without unnecessary interference.”

Symposium adopts plan to organize and fight precarious work in South Africa’s transport sector

It is estimated that 76 per cent of the transport workers are unorganized and the situation is worsened by a lack of investment in infrastructure. Violence against women is rife.

The dire situation in the transport sector was discussed at a high-level transport symposium 26-27 February, Johannesburg, which was organized by the International Transport Workers Federation (ITF) with support from the Friedrich Ebert Stiftung Trade Union Competence Centre for Sub Saharan Africa. The symposium was attended by 59 participants from nine unions, including IndustriALL Global Union affiliate, the National Union of Metalworkers of South Africa. ITF and IndustriALL agreed to work together to promote organizing across the value chains.

ITF general secretary, Stephen Cotton, said:

“The ITF is fully invested in the future of transport workers in South Africa.”

Speaking at the symposium, IndustriALL general secretary, Valter Sanches, said:

“There is continued precarization of work through Uber-like platforms which impact on employment and working conditions in the transport sector. Unions are better positioned to counter the trends of precarization through building unity and organizing workers inclusive of the high-end white-collar workers across all sectors.”

The symposium aimed at providing unions with a joint platform to build unity and establish a national coordinating committee, develop organizing strategies for non-unionized workers, build a national plan on strategic directions, agree on a road map, develop a dispute resolution mechanism, and identify potential allies, support organizations and available resources.

Further, the symposium agreed in a declaration that the participating trade unions need to build unity and cooperation in their diversity and recognize the right to co-exist in the sector. This can be done by respecting the independence and autonomy of the unions. Additionally, a coordinating strategy will be built to assist in growing trade union density in the sector from 22 to 90 per cent. Research will also be done to map the industry, build the capacity of shop stewards to enhance recruitment programmes, develop a coordinating committee that will include women and youth, and to develop programmes for collective action by the unions.

Presentations included the ITF survey on South African unions which aims to address issues facing the sector. The National Labour and Economic Development Institute presented its baseline survey on the transport sector.

There are similarities in the IndustriALL and ITF objectives on the decent work agenda, women empowerment, and youth programmes. The global unions are also campaigning for the ratification of Convention 190.

Solidarity for struggle in Ukraine

During the #HandsOffUkraineUnions day of action, unionists across the world delivered protest letters to Ukrainian embassies, demanding that the President withdraw the draft labour law undermining workers’ rights and freedom of association.

The action coincided with a high level ITUC-ETUC mission to Ukraine on 25-27 February. Together with the Federation of Trade Unions of Ukraine and the Confederation of Free Trade Unions of Ukraine (KVPU), the mission met with the minister of economy, Timothy Milovanov, the chair of the parliamentary committee on social policy, Galina Tretyakova, as well as the chair of the parliamentary committee on Ukraine’s integration to EU, the head EU’s delegation in Ukraine, the ILO national coordinator, the Ombudsman, and the federation of employers.

The EU and ILO delegations in Ukraine will issue detailed reports, specifying what provisions of the draft labour law is in contradiction to ILO conventions and European law.

According to ETUC general secretary Luca Visentini, the mission received clear commitments from both Milovanov and Tretyakova to reach an agreement with the unions. They were also told that the results of the tripartite working group will be taken into account to make sure the draft law in compliance with ILO conventions and the Ukraine-EU Association Agreement.

Mikhailo Volynets, KVPU chairman, says:

“Our task is not to win over our social partners, but to have a social dialogue and make our voices heard. Our goal is to defend Ukraine’s workers and to defend the mechanism that provides protection.”

The ongoing legislation reform is seen as a direct attack on union rights in Ukraine, aimed at destroying the trade union movement. The mission therefore asked the ILO to examine the draft law on trade unions as well.

On 28 February, IndustriALL, together with ITUC, PSI and IUF, met with two high level representatives from the Permanent Mission of Ukraine to the UN in Geneva. The group delivered a letter to the President, expressing concerns and demands around the draft law.

IndustriALL assistant general secretary, Kemal Özkan, says:

“We urge the government to keep the promises made during global union mission. We will continue to provide solidarity support to the Ukrainian unions to make sure workers’ and trade union rights are respected in accordance with core ILO standards.”

Major unions join high-level transport symposium in South Africa

South African transport workers face many challenges including violence against women workers, unsafe working conditions, failing infrastructure and a chronic lack of investment

The purpose of the symposium was to see if there was a desire to build unity among unions to address these issues for the benefit of organised and unorganised workers.

Jack Mazibuko, general secretary of the South African Transport and Allied Workers Union (SATAWU), attended the event:

When the unions don’t work together, we send a confused message to the people we are supposed to represent. We need to put our differences to one side and focus on advancing the interests of working people.”

ITF general secretary, Stephen Cotton, spoke at the symposium:

“We understand the impact that a strong message of unity among South African unions would have on unorganised workers. The outcomes from the symposium have gone beyond our expectations and give you the opportunity to change things for the better for working people here.”

Leaders at the symposium agreed in principle a declaration that would establish a forum in which all the unions would develop a common theme and a day of action collectively.

Participants also committed to ensure that the new forum would focus on initiatives to involve women and young workers in those areas in the forum. Currently, both women and young workers are under represented in South Africa’s transport sector.

Valter Sanches, general secretary of IndustriALL Global Union, said:

“Unity is key. We must overcome old structures and divisions and focus collectively on the issues that all working people are facing. Transportation and manufacturing are directly linked through supply chains and economic employers. By being organized and working together we can make a big impact.”

The event was supported by the Friedrich-Ebert-Stiftung.

ACT initiative: a potential strategy for living wages in Ethiopia

IndustriALL Global Union’s ACT (Action, Collaboration, Transformation) initiative provides a possible strategy as it finds solutions to systemic problems in the garment industry’s global supply chain.

The laws are in place and the Constitution affirms workers’ rights. Additionally, the new labour Proclamation (2019) recognizes that

“worker-employer relations are governed by basic principles of rights and obligations with a view to enabling workers and employers to secure durable industrial peace.”

The country is also a signatory to the International Labour Organization (ILO) Conventions 87 (freedom of association and the protection of the right to organize) and 98 (right to organize and collective bargaining).

How then can unions seize this moment?

These and other issues including unrestricted recruitment, and organizing by unions in the industrial parks, collective bargaining, and social dialogue, were the main issues discussed at the ILO roundtable meeting on Advancing decent work and inclusive industrialization in Ethiopia, 26-27 February, Addis Ababa.

The government of Ethiopia was represented by the state minister for labour and social affairs, Ayelech Eshete, who said to promote decent work labour stakeholders should build trust. Those who participated included employers, global brands, and trade unions including the Confederation of Ethiopian Trade Unions.

The ACT initiative was represented by IndustriALL, H&M, and PVH. ACT supports living wages, better working conditions and genuine representation of workers, national collective bargaining agreements and better purchasing practices by global brands.

For instance, through ACT, factory owners benefit through motivated workers, higher productivity and stronger long-term business relationships because of legally binding agreements. Further, brands will have reliable quality suppliers who respect workers and human rights including those of women workers, and respect due diligence to supply chains.

IndustriALL affiliate, the Industrial Federation of Textile Leather & Garment Workers Trade Union (IFTLGWTU) invited H&M, and PVH to discuss with the union ways in which they can work together towards living wages in Ethiopia.

Angesome Yohannes, president of IFTLGWTU said:

“The brands are an important bridge between employers and workers and important to our campaign to organize and recruit in the industrial parks. Currently, unions have no access and thousands of workers are being denied the right to join the union.”

Jenny Holdcroft, IndustriALL assistant general secretary, said:

“Employers must talk to unions and there should be mutual understanding, communication and dialogue at all levels. The engagement should be at the industry level and requires the allaying of fears and mindset changes to build trust. All this can happen through ACT which addresses systemic problems within the garment supply chain which are not unique to Ethiopia.”

According to the ILO, Ethiopia’s garment and textile sector is made up of 200 factories that employ 62,000 workers of whom 95 per cent are women.

A world of work free of violence and harassment

IndustriALL world women’s conference in November last year, reached outcomes that will contribute to ensuring that gender equality and the advancement of women’s rights are further integrated in all our work.

The conference developed a transformative agenda for our unions, identifying the steps for a deep-seated change in power relations, structures and cultures, to remove the underlying causes that result in the inequalities that women continue to experience in trade unions and the world of work more generally.

IndustriALL will put a special focus on the necessary steps to achieve gender equality identified during the women’s conference, and critical among these is the fight against gender based violence.

There will not be equality in our industries and our unions as long as the gender based violence is not eradicated.

IndustriALL is campaigning for the ratification of ILO Convention 190; as unions we have an important role to play to make sure that this Convention is ratified and incorporated into national legislation. Together with other global unions, we have developed materials for our affiliates to use to raise awareness.

Let’s mobilize on 8 March for the advancement of women’s rights!

You can join our IndustriALL Women Facebook Group and share your union’s plans for 8 March. You can use this platform also to report back on your actions, or you can send pictures to [email protected] and [email protected] and we will use them to promote your actions.

Please use the hashtags #ALLWomen #C190 #ITCANCHANGELIVES on social media.

Ukrainian coal miners bring challenges to the President

In recent years, miners employed at state-owned companies have taken action to draw attention to their plight by travelling to Kiev for protests, picketing local administration, blocking roads, going on hunger strikes and even remaining below the surface.

A Presidential decree in December last year provided hope that Ukraine’s coal mining industry could change for the better, when measures were to be taken to pay off wage arrears to miners in state-owned coal mines and prevent a repetition of such debts.

"Unfortunately, things have not improved, but instead worsened. The wage arrears amount to more than UAH1.1 billion (US$ 44.7 million)",

said the chairman of Independent Trade Union of Miners of Ukraine, Mikhailo Volynets.

However, during the meeting Ukraine’s President, Volodymyr Zelensky, promised to pay off all wage arrears within two months.

More than 400 delegates from coal mining companies and unions, local government from coal mining regions, and the minister of energy, discussed ways out of the industry’s crisis, how to eliminate wage arrears and the future of Ukraine’s coal mining regions.

Ukraine imports coal, which costs tens of billions hryvina (UAH), while state support for domestic coal production is decreasing. Ukraine’s minister of energy, Oleksiy Orzhel, said that he does not see a future for most of the domestic coal mining companies.

Victor Turmanov, chairman of the Trade Union of Coal Industry Workers of Ukraine, said that reforming the coal industry needs to be done by industry professionals.

"There needs to be a coal mining industry state committee in the cabinet of ministers of Ukraine."

The President stressed that Ukraine’s own electricity and coal should be used first, and imports only to be considered when there is not enough domestic production.

"We must create socio-economic opportunities for developing our coal mining regions. We must develop a national programme for the fair transformation of coal mining regions."

The President also promised that no mine would be closed without providing miners with new jobs, and promised to personally visit coal mining towns and draft a plan for their development.

Marble quarry accident highlights ongoing slaughter in Pakistan mines

The accident came as IndustriALL’s mining affiliates reported that at least 40 people have been killed in mining accidents this year. Pakistani mining unions report that mining operations use obsolete methods, with poor equipment and negligible safety measures.

There is a very high risk of death and injury from explosions, cave-ins and equipment failure in mines and quarries, with most accidents occurring in coalmines. Incidents are not properly reported and there are no reliable statistics available, but research conducted by IndustriALL Global Union and its affiliates shows that an average of 200 miners die every year.

At least 40 workers have been killed so far this year. On 25 February, two mine workers were trapped in a coal mine in Dara Adamkhel. One freed himself while the other died. A coalminer was killed in Duki, Balochistan on 23 February, ten at the marble quarry the previous day, four in Duki on 12 February, one in Duki on 4 February, and two in Much coalfield on 3 February.

Mining practices are primitive, particularly in the informal sector in both private and state-owned small or medium coalmines. These mines operate on contractual and sub-contractual basis, with many small coalmines running illegally.

Unskilled and untrained miners, working without safety protocols, descend to depths of up to 2,500 metres. Accidents are common. Miners suffocate from carbon monoxide due to poor ventilation. Coalmines produce highly flammable methane gas, which leads to explosions.

Basic personal protective equipment is not made available. The rescue of victims is difficult in the absence of well-equipped emergency response teams. Accidents are not investigated, and workers or their families barely compensated. Coalminers are exposed to serious occupational diseases like asthma, bronchitis and lung cancer, gastro and hepatitis, and psychological disorders.

The inspection mechanism is poor. Pakistan has the most unregulated industry in the world, as mines are not under active government supervision. The laws are obsolete and do not conform to international practices. The Mines Act of 1923 is still in force, but the safety measures it calls for are not followed.

IndustriALL assistant general secretary Kemal Özkan said:

“We have urgently called on the Pakistani government for several years now to address the carnage in the mining industry. We offer support to help make mining safer, but the government needs to ratify and implement ILO Convention 176 on Safety and Health in Mines, provide safety training, and institute a proper inspection mechanism.”

Pakistan has large coal reserves, and mostly employs manual and semi-mechanised mining methods. Coal is used in brick kilns, the cement industry and power generation. More than 100,000 workers are employed in 400 coalmines located in remote, isolated areas.

Can global mining companies meet society’s expectations?

The RMI Report 2020 is an evidence based assessment of 38 large-scale mining companies across 780 operating mine sites around the world accounting for 28 percent of the world’s mining activity by value of production. Major global mining companies are part of this cohort.

IndustriALL Global Union, which participates in the index, is concerned at the research report results, which cover six thematic areas of economic development, business conduct, lifecycle management, community wellbeing, working conditions and environmental responsibility.

The report comes at a critical time for a global mining industry facing harsh criticism over its conduct relating to recent environmental and tailings dam failures, human rights conduct, labour and working conditions conflicts, climate change and Industry 4.0 adaptation and mitigating measures etc. threatening its social license to operate.

The report is even more concerning given the mining industry’s critical role in providing the much-needed critical minerals to transition to a low carbon economy. It just cannot be business as usual. The industry needs to move from commitments to systematic implementation i.e. track, “review and act to improve the effectiveness of their actions on EESG issues” more than ever if it is to avoid the “SDG greenwash” tag made in the report.

IndustriALL Global Union is very worried with the performance of mining companies on the working conditions thematic area, particularly on occupational health and safety. It is a damning finding that there is very little evidence of companies tracking the implementation of health and safety strategies and plans developed in collaboration with workers’ representatives let alone that only a few companies demonstrate a significant level of engagement with workers’ representatives on the identification of occupational health and safety risks.

“We want mining companies to abandon rhetoric and commit to improving health and safety and working conditions, including respect for the right to organise, collective bargaining and freedom of association, including tracking and acting on wage levels to meet or exceed living wage,”

says Kemal Özkan, IndustriALL assistant general secretary.

“Given the uncertain future for mineworkers in the face of the twin challenges of climate change and the future of work, it is imperative that the mining industry not only commit to consultation and engagement with workers and trade unions but identifies and implements strategies to minimize and mitigate collective redundancies when downsizing/suspending/automating,”

says Glen Mpufane, IndustriALL mining director.

Photo of Randfontein mine, Johannesburg, South Africa. Photo by Paul Saad, Flickr, Creative Commons