No. 296, Sept. 16-22, 2004

SECCIÓN EN ESPAÑOL

LABOR



To read an article, click on the headline.

Colombia: unions under attack, but fighting back

Bogota admits army killed union chiefs

Modified, a union bill still gives
cause for concern

Wal-Mart Challenge of union rejected by Labor Board

 





Colombia: unions under attack, but fighting back

By Meredith Aby

Minneapolis, MN, Sept. 8— Colombia is the most dangerous place in the world to be a trade unionist. On average, right-wing paramilitary death squads or the military murder three Colombian trade unionists a week. Many more are threatened each day. At the same time the US has given more than $3 billion in military aid, which funds both the military and paramilitary wars on Colombian trade unionists, peasants and human rights workers.

In July, the US Colombia Action Network (CAN) sent a solidarity delegation of anti-war and student activists to meet with representatives from the Colombia trade unions, including the CUT(Colombia’s largest labor federation), USO (the oil workers’ union), the Bogota teachers’ union and the beverage workers’ union.

The goal of the delegation’s two-week visit was to stand in solidarity with the people of Colombia and investigate the effects of the US military aid package, Plan Colombia. The delegation saw the effects first hand. Two unions had members killed the same day the delegation visited them.

Government repression

In addition to extralegal violence, the Colombian government is also waging a war by “legal” means. The Colombian Congress passed the new Democratic Security Act, similar to the USA PATRIOT Act. It legalizes the indefinite detention of people the government labels “suspected terrorists.” These people then lose their rights to formal accusations, to bail and to being considered innocent until proven guilty.

Every trade union and social movement organization the delegation talked to expressed concern about this new law. They explained while these acts of repression were standard practice for the armed forces and police in the past, at least when such activities were illegal, activists could use the legal system to fight the unlawful detention and imprisonment of their comrades.

Activists and trade unionists in Colombia specifically blamed the Bush administration for these new repressive policies. They said that since 9/11, the Colombian government has been given clear direction from the US to use whatever means necessary in order to fight against both leftists and rebels.

Domingo Tovar, director of human rights for the CUT, laid out the political situation for us on our first day in Bogota: “There’s 30,000 dead each year. Only 7 percent are killed in combat between the two forces. One hundred and sixty kids die daily due to poor health and nutrition and the rest of the deaths are the responsibility of the state. The government is the primary violator of human rights.

“Colombia is the country with the most assassinations of union members in the world. Under the administration of [Alvaro] Uribe, the current president, there’s been more than 160 union deaths. This year there’s been 29, including a companero this morning. Under Uribe there’s been more than 700 illegal arrests. Under the new anti-terrorism statute it gives judicial police the power to investigate, capture and condemn. The CUT has more than 100 members in jail and more than 500 are in exile.”

The US gives $3 million in military aid per day to Colombia because the US wants Colombia to be a part of its free trade vision for the hemisphere. The US wants its corporations to be able to sell their goods cheaply in Colombia and for their products to be made cheaply there as well.

Colombia’s strong labor movement and rebel armies are in deep opposition to these policies. Additionally, Colombia lacks the infrastructure for free trade. So US military aid is used to train the military in torture and to wage warfare against the guerrillas. The US military aid is also being used to guard Occidental Oil’s pipeline in Arauca and to guard the highways being built for multi-national trade.

Control of oil

By law, the state-owned oil company, Ecopetrol, used to handle 50-70 percent of the nation’s oil production. Six years ago, under the previous president, the law was changed to give 70 percent to foreign corporations. This change decreased the amount of revenue the state earns from oil production and it increased taxes for Colombians. It also meant more profits for foreign oil companies like Occidental Oil and BP Amoco.

In May, the oil workers’ union, USO, completed one of the most important strikes in Colombia’s recent history. The government, acting on behalf of multinational corporations and under World Bank pressure, wanted to sell off its national industries, including Ecopetrol. The government purposefully sabotaged the oil company’s economic viability to justify selling it to foreign companies.

Had this plan for privatization succeeded, it would have robbed the Colombian people of an important source of wealth, and it would have placed one of Colombia’s most valuable resources, oil, in the hands of foreign corporations. It would have killed the nation’s most militant union.

The battle began this spring when the Colombian government instituted layoffs that violated the union contract and directly targeted the leadership of the oil workers’ union. USO responded with a 36-day strike to fight against further layoffs, against the privatization of the oil company, and for the right to have a union.

Sixty-five percent of the union’s members went out on strike. The company offered bonuses, bribes and promotions to try to persuade workers not to strike.

During the strike, the families of strikers received letters and phone calls threatening death. Pressure was brought to bear on the family members of union workers, who in a few cases caved in and encouraged their loved ones to scab rather than risk job loss. The union remained strong however, and in the end the government agreed to not privatize the company and to keep it 100 percent Colombian.

After the strike, two USO members were framed for a crime they didn’t commit, under the new “terrorism” laws. One member has been charged with planting a bomb and running from the scene of the crime, even though he had a broken leg at the time.

Killer coke

In Barrancabermeja, the CAN delegation met with William Mendoza, the vice-president of the beverage workers’ union, SINALTRAINAL. He explained the context of the struggle at Coca-Cola plants throughout Colombia: “Since 1990 the Coca-Cola company has had the goal of union-free plants in Colombia. Twelve years ago, 96 percent of the Coke work force was unionized, and 96 percent of the jobs with Coke were full-time permanent positions. Now, only 4 percent of the jobs with Coke are permanent full-time jobs. The rest are now temporary jobs.

“In 1993, 1808 workers were members of SINALTRAINAL, but now only 300 workers are with the union. The company’s campaign of firing, pressuring and threatening union members and leaders has severely hurt the union. Nine companeros have been assassinated, 45 displaced and 75 threatened.”

Recently Coca-Cola has applied to the Colombian government to dismiss 63 workers, including 31 leaders of the union. This is in violation of their contract.

Mendoza continued: “Another tactic Coke is taking is to close the plants. They have closed 12 in total. The union believes the plants will be reopened but without a union. However, the union offers a better way of life for the workers.

“At Coca-Cola’s plants a union worker will earn $260 per month and work an 8-hour day, whereas a non-union worker will earn $110 per month, the legal minimum, and work 14-16 hours per day. Coca-Cola is trying to eliminate the contract by closing all the plants where union members work.

“However, Coke isn’t just trying to destroy the union through plant closings. Several union members in Barrancabermeja, including the vice-president, reported that their families had been threatened and that paramilitaries had tried to abduct their children.”

SINALTRAINAL members in Barranca-bermeja stated that the company and the paramilitaries were working together to destroy the union. They gave the CAN delegation several examples and personal testimony of cases when known paramilitaries were allowed into the plant to meet with Coca-Cola executives, even after the workers reported these in-plant meetings to Coca-Cola in Bogota. They even gave the example of Coca-Cola donating free soda pop to paramilitaries so they are refreshed while staffing the check-points that intimidate and terrorize people in the Barrancabermeja area.

In an email communication to the CAN, Mendoza wrote: “If we lose the fight against Coca-Cola, we will first lose our union, next our jobs and then our lives.”

The truth of that statement may be imminent. Mendoza also said that if the firings take place and the union is broken, “It makes things very complicated for me — in terms of my security. This decision removes any political cost to the paramilitaries who would assassinate me.”

Since 2002, the CAN has been organizing in solidarity with SINALTRAINAL. Mendoza informed the delegation that the movement in the US has helped: “We’ve felt international solidarity and pressure has decreased the threats to us. The company has had to give some means of security to us because of international pressure. It’s because of this international pressure that we can continue our struggle.”

Source: Green Left Weekly

 

Bogota admits army killed union chiefs

By Juan Forero

Bogota, Colombia, Sept. 7— The attorney general’s office said late Sept. 6 that Colombian soldiers assassinated three union leaders last month, an account that contrasts sharply with the army’s earlier contention that the three men were Marxist rebels killed in a firefight.

The attorney general’s human rights unit on Sept. 6 ordered the arrest of an army officer, two soldiers and a civilian who took part in the killings of Jorge Eduardo Prieto, Leonel Goyeneche and Héctor Alirio Martínez on Aug. 5 in Saravena. Since 2002, US military trainers have been instructing Colombian soldiers there in counterguerrilla techniques, though it is unclear if the US trained the unit accused of killing the union leaders.

“The evidence shows that a homicide was committed,” Luis Alberto Santana, the deputy attorney general, said at a news conference on Sept. 6. “We have ruled out that there was combat.”

The attorney general’s announcement vindicated union leaders in Colombia and Europe who said the army had killed three defenseless union activists and then tried to cover the matter up.

“It’s clear that we were never wrong, saying that they were assassinated by members of the Colombian Army,” said Domingo Tovar, who coordinates human rights activities for the Central Workers Union, largest Colombian labor confederation.

The attorney general’s announcement came days after Secretary of State Colin L. Powell warned the Colombian government that it must curtail rights abuses or risk losing aid. On Sept. 7, Vice President Francisco Santos acknowledged that the government had erred in its initial characterization of the killings, saying, “Yes, we were wrong.”

Colombia is by far the world’s most dangerous country for union members, with 94 killed last year and 47 slain by Aug. 25 this year, according to the National Union School, a research and educational center in Medellín. Most of those killings were by right-wing paramilitary leaders linked to rogue army units. Worldwide, 123 union members were slain last year, according to the International Confederation of Free Trade Unions, a Brussels-based group.

The number of killings of union members has dropped in Colombia, from a high of 222 in 1996. But union leaders, foreign diplomats and political analysts say the government has done little to improve safety -- underscored by the fact that the union leaders killed in Saravena had asked the government for better security.

Paramilitary organizations, which use death squads to erode support for rebel groups, have accused unions of working with guerrillas. Rebel groups have, in fact, drawn some members from unions.

But union leaders have also made enemies of powerful forces in Colombia’s highly stratified society, both for their leftist declarations and their harsh criticism of fiscally conservative governments bent on privatizing industries and holding down labor costs.

Source: New York Times

 

Modified, a union bill still gives
cause for concern

By Sam Olukoya

Lagos, Nigeria, Sept. 11 (IPS)— Controversy over a bill to amend Nigeria’s trade union laws surfaced again this week when a modified version of the measure was passed by the country’s senate. The House of Representatives has yet to vote on the bill, which may also be vetoed by President Olusegun Obasanjo.

While presenting a position paper on the measure to senate a fortnight ago, the minister of employment, labor and productivity, Hassan Muhammed Lawal, said it was meant “to promote the democratization of labor, and to further strengthen it.”

But this claim was greeted with scorn by the Nigerian Labor Congress (NLC), the country’s only union federation, established in 1978.

The congress sees the measure as a thinly-veiled attempt to silence it, following the NLC’s vociferous opposition to government over matters such as the increase in fuel prices. Some see the congress as having taken over from an enfeebled opposition since Nigeria returned to civilian rule in 1999.

This point was acknowledged by Lawal: “The NLC has ventured into the arena of politics and has installed itself as the unofficial opposition party in the democratic process. It never sees any good thing in well-intentioned decisions of the government.”

Of particular concern to the congress is the fact that under the bill, it will cease to be the sole union federation.

NLC official Ismail Bello told IPS that a provision of the bill which makes it difficult for unions to collect dues will also starve the groups of funds.

“When you have your own resources you will be able to assert your own independence as an organization,” he notes, adding, “The government wants ... weak trade unions that will not be able to rise up and mobilize the populace when there are policies that [may be considered] anti-people.”

In addition, the original draft of the bill sought to outlaw strikes. The senate has apparently limited this ban to those Nigerians who work in essential services, however. The NLC has staged three strikes over the past year to protest against increases in the fuel price caused by the removal of subsidies.

“If not for the Nigerian Labor Congress, I want to assure you that the fuel price would have been higher than what it is now,” Micheal Olukoya, chairman of the Lagos state chapter of the NLC, told the IPS.

He added that if the bill was passed by the House of Representatives, “People will just wake up and make laws because the fear of being opposed is no longer there. We shall become a conquered people in our country and it will mean those that died fighting for democracy would have died in vain.”

Labor specialist Bunmi Malomo told IPS that a ban on picketing contained in the new bill was also to the disadvantage of workers.

Under the measure, those who do so will now be liable for six months imprisonment. In recent years, workers have been fighting against a growing trend by companies to employ casual labor, by picketing firms which are found to be doing so.

“The consequence of banning workers from picketing is that workers will further lose their rights in the hands of employers that want to exploit them,” said Malomo.

In fact, it appears that only senior managers and the like have cause to smile about the union bill.

Before now, these employees were banned from forming a federation that would include all unions which defended their rights.

“It has been affecting our rights,” Lumuba Okugbawa of the Senior Staff Association of Petroleum Workers told IPS, adding, “And we feel we should be given that freedom to associate at that umbrella level.”

However, senior workers are now free to form an umbrella union.

The bill has made steady progress in the House of Representatives, and is expected to be passed in the coming days. After that, it will be sent to the president to be signed into law.

There are doubts as to whether the amended measure will meet with the head of state’s approval, however, as the bill which he originally submitted to the senate contained harsher provisions than the version passed. The senate’s vote on the law took place Thursday, Sep. 9.

Ismail believes that if the government truly had the interests of workers at heart, it would consider reviewing other aspects of Nigeria’s labor laws which have a more immediate effect on employees.

“The labor reform bill just touched on the Trade Unions Act, which has to do with how unions organize,” he notes. “Why is it not interested in the rights and safety of workers? Why is it not interested in the Factories Act? Why is it not interested in the Employment Act?”

Wal-Mart Challenge of union rejected by Labor Board

Compiled by Finn Finneran

Sept. 15 (AGR) — The Quebec Labor Relations Commission (QLRC) has rejected Wal-Mart’s challenge to the union certification of its store in Jonquière, Québec – leaving it the only unionized Wal-Mart in the world.

The QLRC dismissed Wal-Mart’s argument that the bargaining unit certified at the store was not valid because it did not include store management personnel. In a six-page written decision the QLRC rejected Wal-Mart’s application to stall the process leading to a first contract, and confirmed that the bargaining unit certified by the commission in August should stand.

According to an analysis published by the Canadian magazine, Straight, many unions throughout the continent have “quietly declared an all-out war on Wal-Mart.” Their goal is to unionize Wal-Mart’s 1.2 million US workers and 60,000 workers in Canada.

“It’s a priority to organize Wal-Mart,” explained Andy Neufeld, spokesperson for the United Food and Commercial Workers (UFCW) Local 1518’s head office in Burnaby, BC. “Since the fall of 2003, our local has certainly put more of a concerted effort into organizing Wal-Mart.”

Local 1518, which represents 26,000 workers in BC’s retail, commercial, industrial, and health-care sectors, is responsible for organizing the union drive at Wal-Mart’s Jonquière store. On Aug. 2, UFCW Canada made labor history — in what the union’s national director, Michael Fraser, called “a great victory ... for Wal-Mart workers everywhere” — when it received certification for the only union at a Wal-Mart anywhere in North America, in Jonquière, Quebec. Wal-Mart immediately applied to challenge the certification, but was rejected on Sept. 10, to the union’s relief.

“We were euphoric Aug. 2 and that has been reconfirmed today,” Marie-Josee Lemieux, president of the local union, said in a telephone interview.

“We’re sending Wal-Mart a letter to begin contract talks,” said Louis Bolduc, head of the Quebec region of UFCW Canada, “and we will also soon be meeting with our Jonquière Wal-Mart members to discuss their goals in the upcoming negotiations.”

As other corporations widely emulate Wal-Mart’s business model, the labor movement has decided that tackling Wal-Mart is the key to improving wages and working conditions across North America.

“It’s not just, ‘Let’s whack Wal-Mart,’” said T. J. Michels, media spokesperson for the Service Employees International Union (SEIU), which represents 1.6 million workers in Canada, the US, and Puerto Rico. “But let’s whack the business model that drives workers’ wages down. Wal-Mart is not just a UFCW problem; Wal-Mart is a labor problem.”

At the SEIU’s June convention, it voted to set aside $1 million for an as-yet-unnamed Wal-Mart campaign in Canada and the US. The idea, Michels explained, is to use the fund as “seed money” to assist community, environmental, and other groups that have concerns about Wal-Mart.

All previous attempts to organize Wal-Marts in Canada and the US had met with failure. For example, in 2002, after Wal-Mart meat cutters at a Jacksonville, TX store voted to unionize their 10-person department, Wal-Mart effectively eliminated their jobs. The company moved the butchers to other departments and began offering prepackaged meats.

Despite Wal-Mart’s grim labor organizing history, similar store-wide union drives are underway in Ontario, Saskatchewan, Manitoba and British Columbia.

Sources: Canadian Press, Straight Magazine, UFCW Canada