Brazil Supreme Court bans asbestos use and sale

“All types of asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary, and asbestosis (fibrosis of the lungs)”, according to the World Health Organization (WHO).

The WHO says that exposure to asbestos occurs through inhalation of fibres in air in the working environment, ambient air in the vicinity of factories handling asbestos and indoor air in housing and buildings containing friable asbestos materials.

More than 100,000 people die every year from asbestos-related diseases. Millions of tonnes of asbestos are mined and sold every year. Most exports go to developing countries.

A study by Francisco Pedra of the Oswaldo Cruz Foundation found that 3,718 people died from mesothelioma in Brazil, a cancer caused by asbestos, between 1980 and 2010. The court’s ruling on 29 November was therefore crucial for both workers and communities that live close to factories in Brazil.

The Supreme Court decided that the federal law allowing the “safe” use of asbestos is unconstitutional because it violates fundamental health and environmental rights. The ruling banned the mining, use in manufacturing and sale of the product in any state of the federation.

Asbestos has been banned in more than 70 countries, including Germany, Argentina, Chile, Spain, France, the United Kingdom and Uruguay because of the threat it poses to life. Brazil now joins that list after a long legal debate even though Brazil is one of the world’s biggest producers and exporters of asbestos.

Two of the largest trade union centres in Brazil, CUT and Força Sindical (IndustriALL Global Union affiliates in Brazil belong to either one or the other of these centres), celebrated the ban. They issued press releases describing it as a major victory for the trade union movement, which has campaigned against asbestos, in defence of workers’ health and lives.

IndustriALL Global Union has a global campaign against asbestos. IndustriALL executive committee, composed of IndustriALL affiliates, this year decided to take immediate steps to develop national action programmes for the elimination of asbestos-related diseases following the guidance of the International Labour Office and the World Health Organization, in all countries, whether or not they already have a ban. 


Asbestos is used in the manufacture of more than 3,000 products, including construction materials (tiles, water tanks, panels) and motor vehicle parts (brakes, clutch housings). It is also used for thermal insulation. 

IndustriALL’s Regional Officer, Marino Vani, comments on the court’s ruling,

“Unfortunately, justice has been done only after many years and many deaths. This is a trade union victory and a step forward for Brazilian society. We hope Brazilian government and governments of other countries in the region develop alternative jobs and incomes for workers employed in the mining of asbestos and ensure health care for all those who suffer from asbestos-related diseases and those who contract them in the future".

ArcelorMittal Temirtau coal miners raised to surface

On 15 December, about 400 coal miners raised to the surface, following the court's decision of Shakhtinsk of the suspension of the strike. Earlier, 154 miners raised to the surface after the meeting with the governor of the Karaganda region on 13 December, another 100 miners came up from the pit on 14 December.
 
The workers demanded 100 per cent increase of their wages, early retirement in 50 years and better working conditions. The management of ArcelorMittal Temirtau agreed for 30 per cent salary increase for all underground workers. This decision was made during the telephone conversation between Prime Minister of Kazakhstan and Lakshmi Mittal, owner of ArcelorMittal Temirtau.
 
The Mineworkers’ Union Korgau which is affiliated to IndustriALL through the Trade Union of Mining & Metallurgy Workers of Republic of Kazakhstan negotiated for the conclusion of an agreement on 20 per cent salary increase in the begining of November. Now it is cancelled and the new one contains 30 per cent salary increase.
 
The percentage increase in wages for ground workers will be further discussed by a special commission. It includes members of the initiative groups, representatives of trade union committees, prosecutor's office, directors of mines, regional administration and the company management.
 
Besides, all employees of the coal department of the company will be paid a lump sum award in the amount of monthly salary.
 
A few miners received court summons for their participation in the strike. ArcelorMittal Temirtau stated in a letter to the regional prosecutor that it will not seek to dismiss or prosecute the workers who struck, and that it will withdraw on 15 December the lawsuits against the workers.
 
IndustriALL’s general secretary, Valter Sanches, stated:

''IndustriALL Global Union is pleased at ArcelorMittal’s commitment to not dismiss or prosecute the workers for striking. We call on the Government of Kazakhstan to likewise agree not to retaliate against the workers and to encourage peaceful social dialog until all issues are resolved.”

Settlement reached with global fashion brand in Bangladesh Accord arbitration

This settlement will ensure that the supplier factories associated with this leading fashion brand are remediated and that substantial funds are available for that remediation work consistent with the 2013 Bangladesh Accord.

Global union federations, IndustriALL and UNI, launched arbitrations against two leading fashion brands in 2016.  This settlement agreement applies to one of those two cases.

The case hinged on whether the global brands involved met the Accord requirements to require their suppliers to remediate facilities within the mandatory deadlines imposed by the Accord and to negotiate commercial terms to make it financially feasible for their suppliers to cover the costs of remediation.

The Permanent Court of Arbitration at The Hague has required that the names of the brands remain confidential.

The Bangladesh Accord, signed in 2013 after the Rana Plaza industrial disaster, covers 2.5 million workers in Bangladesh’s ready-made garment factories It is the first agreement with a legally-binding mandate requiring fashion brands to help their contractors eliminate fire and structural safety issues.

So far, the Accord’s inspectors have completed fire and building safety reviews at 1,800 facilities which supply more than 200 signatory brands. Accord engineers have identified over 118,500 fire, electrical and structural hazards at these factories.

Nearly 80 per cent of workplace dangers discovered in the Accord’s original round of inspections have been remediated, and 500 Accord factories have completed 90 percent or more of the necessary fixes.

A second Accord was signed in June of this year. It goes into effect when the original agreement expires in May 2018 and extends the Accord’s protections until 2021.

Unions take action against Glencore ahead of investor call

The actions took place around 10 December, to coincide with International Human Rights Day. The actions draw attention to the company’s rights violations as it seeks to establish a positive image for investors.

On 12 December, Glencore held an investor update call, to advise investors about the company’s strategies for growth. After recovering from a deep commodities crash in 2015, Glencore has bounced back in 2017, outperforming many of its peers.

But all of this comes at a terrible cost to the workers who mine and process the commodities that make Glencore a successful company.

To coincide with International Human Rights Day, unions around the world took action to demand that Glencore respect workers’ human rights. Highlights include:

In the investor call, Glencore announced that it intends to double its cobalt production over the next few years. Cobalt is an essential component of the batteries used by smart phones and electric vehicles, and the company intends to tie in deals with major auto and electronics manufacturers – including Volkswagen, Tesla and Apple – to supply cobalt.

Glencore won the concession to mine cobalt in the Democratic Republic of Congo after making a US $45 million loan to a fixer, as exposed in the Paradise Papers.

The company aggressively exploits commodities, and is a leading producer of copper, cobalt, nickel, zinc and thermal coal. CEO Ivan Glasenberg highlighted the value for money of Glencore’s “low cost assets", and praised the company’s “capital efficient growth”.

Assistant general secretary Kemal Özkan said:

“Glencore wants to convince investors that it has a bright future. But Glencore’s abuse of the human rights of its workers, at sites around the world, are a serious liability that will cause ongoing labour conflict.

“IndustriALL and our affiliates will campaign until Glencore respects workers’ rights and begins to address the many serious issues raised by workers and their communities.”

Unions in Sri Lanka march for sustainable industrial policy

A two-day workshop, ‘Towards Sustainable Industrial Policy’, witnessed frank discussions among union representatives on sustainability challenges posed by the industrial transformation taking place against the backdrop of climate change adaptation and industry 4.0.

Since 1970, Sri Lanka has embraced a market-oriented development model with numerous pro-corporate and capital friendly policies. These have consistently reduced the role of state in the economy, having a deep impact on workers’ rights.

Union representatives highlighted that nearly forty years of a market-led development model has exacerbated workers’ vulnerability.

A majority of Sri Lanka’s workforce face long working hours, low wages, poor working conditions, non-implementation of existing labour laws, ever increasing precarious work, lack of job security and social security, denial of health and safety rights, increasing sexual harassment in the work place, as well as an enormous challenge to exercise the right to freedom of association and collective bargaining.

Apoorva Kaiwar, IndustriALL South Asia regional secretary, said:

It is a paradox that economic growth in South Asia has bypassed millions of working people in the region. Sustainable Industrial policy is an important tool and it is paramount for unions to take a solid initiatives towards desired patterns of industrial development advancing the interests of society as a whole.

Economic policies pursued by successive Sri Lankan governments to attract foreign direct investment have resulted in environmental degradation, land grabbing and loss of livelihoods. Privatizations of essential public services including education and health have increased out of pocket expenditure for workers.

Unionists underlined the urgency to evaluate forty years of market led growth strategy against gains made in social, economic and environmental areas. The policy regime needs to move from its investor friendly approach to address existing weaknesses in the system.

The transformation towards sustainability should ensure living wages, job security, health and safety at work, gender equality, union rights, and implementation of existing laws and fair distribution of benefits.

Sri Lanka needs to enhance its manufacturing capacity, avoid being locked in producing low value products, reduce import dependency, build local brands and enhance the skill level of existing workforce and establish educational and training institutes to produce skilled and creative workforce for the future.

Brian Kohler, IndustriALL director for health, safety and sustainability, said that:

Sustainable industrial policy is the closest we can get to the alternative model of development. We are witnessing rapid industrial transformation and revolutionary changes in the world work. It is essential that the role of state should be strengthened and policymaking process should be collaborative. In order to address emerging challenges to sustainability and ensure Just Transition, unions should be involved in the decision making process.

Sri Lankan affiliates decided to educate union leadership and members on sustainability challenges, conduct research, build capacity, evolve consensus among unions and develop strategies to engage with the government towards achieving sustainable industrial policy in Sri Lanka.

ArcelorMittal coal miners on strike in Kazakhstan

A few hundreds coal miners of ArcelorMittal Temirtau went on strike in Shakhtinsk, Kazakhstan.

The strike started on 11 December when about 200 coal miners decided not to return to the surface after the end of their shift at four mines owned by ArcelorMittal. Workers at the mine are represented by IndustriALL affiliate Trade Union of Mining & Metallurgy Workers of Republic of Kazakhstan.

One day later Labour Minister of Kazakhstan confirmed the fact of the strike and announced that there are currently 684 workers striking underground at all 8 coal mines owned by ArcelorMittal in Kazakhstan. The union estimates more workers involved in the labour conflict. The striking workers are getting meals and water through their supporters and family members.

The workers demand 100 per cent increase of their wages, improved healthcare package, early retirement in 50 years versus current 63, better equipment and safety measures, as well as improvements to the infrastructure of their home town Shakhtinsk. Workers also demanded to speak to Lakshmi Mittal, Indian billionaire, owner of ArcelorMittal Temirtau.

ArcelorMittal Temirtau has eight coal mines and four iron-ore mines in Kazakhstan and operates a steel plant in Temirtau. Last year the company produced about 4 million tons of steel in Kazakhstan.

An industrial action is rarely taking place in Kazakhstan due to a repressive legislation criminalizing union and labour activists’ work. At the end of the last year a strike took place at Kazakhstan’s Oil Construction Company (OCC) where workers protested against dissolution of their union. http://www.industriall-union.org/two-oil-union-leaders-arrested-in-kazakhstan. Those who participated in the strike which was declared illegal by the authorities became subjects to heavy fines and repressions.

Minimum wage win for unions in Mauritius

The new monthly minimum wage announced in parliament on 8 December is Rs 8,140 (US$232) but various compensation payments by the government or the Mauritius Revenue Authority will mean that all workers will take home Rs 9,000.

“I can assure you that for 2019, employees will not be paid less than 9,000 rupees,” declared the Labour Minister for Mauritius, Soodesh Callichurn, about the decision that will benefit around 120,000 workers in the country.

It will be a significant increase for many workers, particularly those in the textile sector, some of whom were averaging only RS 4,000 (US$114) a month, according to unions. Ninety per cent of workers in the Mauritian textile and garment industry are women; conditions are tough and many need to stand all day while they work.

Once the new minimum wage comes into effect, these garment workers will be paid RS 9,000 for a 45-hour week. It will mean they will no longer have to work such long hours to scrape a living.

However, the figure is still below what trade unions judge to be a living wage, calculated at around RS 14,500 (US$414) in 2014.

Reeaz Chuttoo from IndustriALL Global Union affiliate in Mauritius, the Chemical, Manufacturing and Connected Trades Employees Union (CMCTEU), said:

“It’s a step in the right direction. I also appreciate that the government has decided to include the 20,000 workers in the free trade zone (in Mauritius).”

Trade unions have been pushing for the new minimum wage during tripartite negotiations with the government and employers in Mauritius.

IndustriALL’s assistant general secretary, Jenny Holdcroft, said:

“This is an important win for trade unions in Mauritius. Years of campaigning have paid dividends and the new minimum wage will make an enormous difference to the lives of thousands of workers, particularly women. We congratulate our affiliates in Mauritius on their success as they continue to push for a living wage.”

Algeria: union leaders released but oppression continues

Abdelkader Koufi, general secretary of oil and electricity union, SNATEGS, and Mohamed Al Amin Sulimani, president of the SNATEGS national youth committee, were detained on 12 December while taking part in a peaceful protest against the illegal and false dissolution of the union by the government.

According to reports, both of the arrested men were attacked by police with electric batons and have had their phones shut down. Abdelkader Koufi has been charged with threatening public safety, while Mohamed Al Amin Sulimani has been accused of photographing the police during an intervention, says SNATEGS.

The protest took place while the Ministry of Labour was holding a press conference to justify its announcement on 3 December that SNATEGS had been voluntarily dissolved during a meeting by its union members.

However, SNATEGS leadership strongly contests the claim. None of the union leaders are aware of any such meeting. Furthermore, the meeting would not have the authority to dissolve the union, a decision that, according to the union’s statutes, can only be made at a national congress.

Since the Ministry of Labour announced the dissolution, SNATEGS’ bank accounts have been frozen.

SNATEGS president, Raouf Mellal, said:

“The reality is that the Ministry of Labour wants at any cost to dissolve our union because SNATEGS is the first independent union founded in the economic sector in Algeria. Our battle is to free the workers of economic and industrial sector in Algeria.”

IndustriALL wrote to the Algerian Minister of Labour and Social Security on 11 December calling on the government to revoke the illegitimate dissolution of the union. The Ministry’s action not only violates national legislation but also shows evidence of strong governmental interference in the internal affairs of the trade union, violating ILO Convention 87 ratified by Algeria in 1962.

IndustriALL’s general secretary, Valter Sanches, said:

“IndustriALL will stand by SNATEGS until the government of Algeria stops harrassing and intimidating its members and accepts that a strong and independent trade union movement is vital to democratic society.”

SNATEGS has been under continued attack from the authorities in Algeria for the last two years. The government tried to withdraw registration of the union in May 2017, while President Raouf Mellal is facing a prison sentence for his trade union activities and blowing the whistle on corruption at state electricity provider Sonelgaz.

Honduran workers demand transparent election recount

The results of the 26 November vote are not yet known, more than a week after voting took place.

The electoral commission (TSE) waited almost ten hours to publish the first results, which put Salvador Nasralla, the Opposition Alliance Against the Dictatorship candidate, in the lead against Juan Orlando Hernández, the incumbent and National Party candidate for re-election.

Surprisingly, after counting resumed on 28 November, the TSE announced that Hernández was now in the lead. This change and the delay led to accusations of electoral fraud and the climate of uncertainty provoked many street demonstrations. The government imposed a curfew and ten people have so far died in the subsequent repression.

“The country is in a very difficult situation because the Constitution is being violated. There has been a major electoral fraud. The result was due to be announced but the system went down and only restarted ten hours later,” said Joel López, a FITH representative in San Pedro Sula.

Napoleón Villacillas, FETRAMIMH, said he “absolutely opposed the massive fraud and negation of democracy”. He was speaking from El Progreso, near San Pedro Sula, where protestors continue to defy the curfew that has been in place for the last four days.

On 5 December, Nasralla called for the TSE to conduct a fresh count of all ballot papers. President Juan Orlando Hernández finally agreed to this.

“We want a complete recount. We think this is the way to resolve the crisis. Otherwise, the people will not accept the result,” said the trade union leader, Joel López.

Valter Sanches, IndustriALL General Secretary, issued a statement of solidarity with Honduran workers. He said:

“IndustriALL Global Union calls on the TSE to immediately accept the legitimate demands of workers and civil society and ensure votes are counted without further delays, irregularities or manipulation.”

He added:

“IndustriALL opposes the Hernández government’s decision to impose a ten-day curfew. We demand that the government respects the people’s right to demonstrate peacefully, without fear of repression or violence.”

Iraqi oil and gas affiliates form trade union network

Supported by IndustriALL, some 38 trade unionists and industry experts gathered in Iraq’s principal port city to discuss trade union work in sector, recognizing that oil and gas workers and their trade unions are fundamental to supporting the national economy.

Oil is the backbone of the Iraqi economy. However, the government has allowed foreign companies to enter the market, which focus on profit and whose policies on workers' rights are unknown.

Hassan Juma, President of IFOU:

“One of the most important priorities is the unity of the trade union movement in Iraq and we have started the first step in the most important sector, namely the oil and gas sector. The establishment of this network represents a unified trade union force capable of defending workers’ rights and maintaining the production. We are now working on developing a broad action plan in coordination with oil and gas unions in Iraq.”

Three non-affiliate oil unions attended the meeting and also joined the National Oil and Gas Union Network in Iraq, which will be part of IndustriALL’s MENA Oil and Gas Unions’ Regional Network.

All the unions signed up to six common objectives for the network as follows:

  1. Protect the basic rights of workers in Iraq's oil and gas sector across the country
  2. Protect national wealth for future generations against capitalist companies that do not respect the rights and opinions of citizens
  3. Coordinate with central and local authorities to urge foreign companies to take responsibility for maintaining the infrastructure of areas near oil fields exposed to toxic emissions
  4. Coordinate with the central authority to give priority to the workers of the oil sector for the great service they provide to Iraq as they are paid less than their counterparts in neighbouring countries
  5. Urge Iraqi Ministry of Oil to work seriously to preserve the rights of migrant workers working in different foreign companies, and oblige companies to apply Iraqi laws
  6. Oblige the Ministry of Oil to urge foreign companies to respect the rights of their Iraqi employees according to the union contract.

In a message to the new Network, IndustriALL’s Assistant General Secretary, Kemal Özkan, said:

“We applaud the unity shown by oil and gas unions in Iraq. The difficulties in the sector are huge, but by working together, bound by a common set of goals, Iraqi trade unions will be better placed to meet the challenges. IndustriALL will be ready to support you at all times.”

The members of the National Network are as follows:

The formation of the network received support from Iraqi trade union centers, as a number of leaders of national federations attended the meeting and gave speeches of solidarity and support. The IndustriALL National Council of Iraqi Unions, met on the following day 25 November 2017, and also expressed support to the initiative.