Sintracarbon bargaining proposal

from Avi Chomsky

Update on the situation at Cerrejon:

 

Last Friday (Nov. 17) the Sintracarbon union presented its bargaining proposal to the mine's president Leon Teicher at a meeting in Bogota.  The union requested that Yvette Michaud (who was a member of our Oct. 29-Nov. 4 delegation and remained in Colombia to accompany the process) be present at the meeting, but this request was refused.  The bargaining proposal included several articles reflecting the union's commitment to the communities, which I have translated below.

 

The company is now studying the proposal; formal negotiations will probably begin on Monday the 27th.  They have promised to keep us informed.  The entire bargaining proposal (in Spanish) should be up soon on the website at http://home.earthlink.net/~sintracarbon/.

 

 

CHAPTER XI

 

NEW ARTICLE 16.  SUPPORT FOR SINTRACARBON'S PROGRAM IN SUPPORT OF THE COMMUNITY:

 

Upon the signing of this Contract, the Employer will support Sintracarbon's program in relation to the communities, aimed at bettering the quality of life in the Guajira Department.

 

FIRST PARAGRAPH:

 

Upon the signing of this Contract, the Employer will carry out improvements on the road from Cuestcitas to Riohacha according to the norms established by the Ministry of Transportation.

 

SECOND PARAGRAPH:

 

Upon the signing of this Contract, the CERREJON company, in accordance with international law and the Colombian constitution with respect to indigenous and Afro-Colombian communities, will implement and carry out a policy of RELOCATION and INDEMNIZATION for all of the communities affected by the coal complex.

 

CHAPTER XII

 

NEW ARTICLE 18.  FORUM ON COAL POLICY:

 

Upon the signing of this Contract, the Employer will finance the organization and implementation of a forum about coal policy that will allow for the dissemination of information about the environmental, socio-economic, and health impacts of mining on the communities in the region.

from Avi Chomsky

The following letter was sent to Leon Teicher, president of Cerrejon, this morning.  Just in time for Sintracarbon's public presentation of its bargaining proposal in Bogota tomorrow.

 

November 16, 2006

 

Dear Mr. Teicher,

 

Thank you for meeting with the International Commission in Support of Sintracarbón and the Communities Affected by Cerrejón (ICSSCAC) on Tuesday, October 31, 2006.  As we explained at the meeting, we are concerned with the welfare of the communities surrounding the mine as Cerrejón continues its expansion.  Your taking the time to discuss this very important matter with us suggests that you also feel it is important that the treatment and relocation of the communities is done in a fair and humane way.  We do feel that it is important to understand the facts of the matter, and so this meeting was essential for us to hear from you directly Cerrejón’s position and interpretation of the situation.  It may be that there is some miscommunication or misinterpretation of actions taken on both sides – actions of Cerrejón and of those of the communities.  And in that regard, our primary role in this matter is that of communicator and facilitator.  We do feel that it is crucial that there be honest and open dialogue with the communities.  As you may remember, our delegation met with you early in our visit, and it was only after our meeting that we had the opportunity to visit and talk with the people in the affected communities.  As outside observers, it may be beneficial to explain what we heard from both parties – Cerrejón and the communities, about the treatment and relocation of the communities impacted by the operation of the mine. 

You explained to us the role that Cerrejón plays in the region.  You told us that you have high standards when it comes to your workers: Cerrejón trains them and pays them well, and the safety record at the mine is commendable.  You also stated that you are concerned with the environment.  While mining companies by definition disrupt the environment, Cerrejón tries to minimize its impact and has taken steps to rehabilitate some of the area that has been mined.  You stated that Cerrejón works with the community by providing them with many benefits such as sponsoring a micro-lending program and providing educational scholarships.  Overall, Cerrejón, in your estimation, has had a positive impact on this impoverished region.

When it comes to the situation of the displacement of communities that are near the existing mine, you stated that, while mistakes may have been made with respect to the displacement of Tabaco, in the end, Cerrejón followed the law and the people in the community of Tabaco were fairly compensated.  In fact, it was the desires and actions of the land owners themselves that led to, as viewed by some, an unfortunate outcome.  You not only feel the negative press and attitudes toward Cerrejón is misdirected, but it pains you to see Cerrejón verbally attacked since the mine has tried to be socially responsible with regard to this matter. 

After our meeting on October 31, we spent the rest of the week meeting with the people in the communities of Chancleta, Patilla, Tamaquito, Roche, Los Remedios, Provincial, and the people of the displaced community of Tabaco.  Unfortunately, we heard a very different story from the one you described.  The mine has systematically violated a wide range of these people’s basic rights to water, health, land, food, and work.  The river is either inaccessible (due to mine’s acquisition of land or the communities’ access routes) or contaminated.  The air is filled with unhealthy particles that they constantly breathe.  The vibrations from the explosions of the mine frighten the children.  These people can no longer farm, hunt, or fish because Cerrejón has strictly enforced no trespassing on company land.  They are restricted from accessing the road that leads into and out of their community during the evening hours.  Communities that relied on the health clinic and school in Tabaco no longer have access to these services.  The people are worried.  Some feel that the electricity that Cerrejón so generously provided is now used as a ploy to remind them of the power Cerrejón holds over them.  They view the strategy of Cerrejón as one that attempts to systematically divide the people in the communities and pit them against each other.  They feel Cerrejón is slowing and methodically choking them.  The people are concerned that the deplorable acts committed on the community of Tabaco will happen to them.  Another very serious concern expressed by many community representatives regards the numerous and ongoing human rights violations committed by armed forces in the region.  Community members report that they have been arbitrarily detained, intimidated, and threatened by soldiers.  They assume that Cerrejón is behind these acts given that the company has an established relationship with the Army Battalion in the region.

While the facts of the matter that you described to us may be true, the facts of the matter that the people in the community expressed are real to them, and it is these facts that are important to these people.  The people in these communities are one of your primary stakeholders.  A successful business does not concern itself with just the interests of the shareholders but takes into account the interests of all its primary stakeholders.  And the stakeholders’ interests are not determined by the firm but by the stakeholders themselves.  While this letter is an attempt to give you our interpretation of the concerns of the communities, it is our plea that you seriously listen to the communities directly to understand their interests and concerns. 

In our meeting, you made a point of emphasis that Cerrejón is concerned about its social responsibility.  The Cerrejón website further emphasizes this point with many stories and statements explaining how Cerrejón’s actions have benefited the communities.  While providing micro-loans or educational scholarships is a nice gesture on the surface, its impact is lost when the other hand of Cerrejón’s is polluting the communities’ source of water or taking away the only livelihood the communities have ever known.  While Cerrejón’s corporate social responsibility record may be better than some mining companies, the people in the communities do not believe that your actions are moral or socially responsible.  From what we witnessed, we have to agree with the people in the communities.  Certainly, this is not the view that Cerrejón wants communicated to the rest of the world. 

During our visit, we saw an amazing amount of solidarity between Sintracarbón and the people in the communities and among the different communities.  The sentiment is very strong that what is happening to these communities is unjust.  When we left it was clear that the union and the communities have the momentum to stand up for what they rightfully deserve.  We hope that you will take their requests seriously.  In the end, we believe that this is not only a good business decision, it is the moral and responsible thing to do.  Our International Commission is committed to supporting the local effort of the union and the communities with financial resources and with international publicity of Cerrejón’s actions related to the communities of La Guajira.  We would like to maintain an open dialogue with you to ensure that the international community receives an objective account of the situation.

Again, thank you for your time and attention to this very critical matter.

 

Sincerely yours,

The International Commission

Avi Chomsky

Rubin McNeely

Sandy Reiter

Helen Berry

Sandra Cuffe

Lois Martin

Grahame Russell

Sydney Frey

Dr. Timothy Bood

Dr. Tom Whitney

Steve Striffler

Claudia Llantén

> Dear friends,
>
> I have continued to accompany the communities and Sintracarbon. Following
> my return from Medellin, I came to Riohacha. I have attended two very long
> days of Union meetings. The membership went over every point of their
> bargaining proposal, with long discussions about every item. The least
> controversial  was their support for the affected communities. Jairo
> presented their position very passionately at 11 pm, last night. Jose
> Julio has been there earlier but had to leave. He had been allowed
> 5minutes earlier in the day. I had asked for their support yesterday at
> noon.
>
> Tomorrow, I will be going to present the bargaining demands of
> Sintracarbon with Jaime and the bargaining team in Bogota. I have the copy
> of the letter which the Solidarity Network has sent. Gracias.
>
> Other people are approaching me/us for international support, i.e. 7 other
> Wayuu communities, another health study, etc.
>
> Freddy and Jairo will continue to work with the Communities as
> facilitators.  Jose Julio still has a little concern about the communities
> ability to work well together  even though the trip to Medellin was a
> great success at bringing everyone closer. As people got off the bus they
> all said how happy they were and that they were  going to be working for
> the same cause.  They have concerns over some people who were not  present
> and who may be paid by the Company to act as liaison with the communities.
>
> Thank you all for the work which you are doing abroad. It is exactely the
> backing which I need. Will give greetings to Leon Teicher from all of you.
> In solidarity.
>

I wanted to share with you all a letter I just received from Jairo Quiroz, one of the Sintracarbon leaders who accompanied our delegation last week.  Let me know if anyone wants the original Spanish version.  I think all of us there shared the feeling that something really, really important was happening there, and we want to do everything we can to support it.

 

One thing we can do is formalize the International Commission that will be monitoring the negotiations.  "Monitoring" can mean anything from simply receiving regular updates, to committing to exerting public pressure (on the mine, on its customers, on government agencies in the home countries of the mine or in the countries that import its coal, etc.), to traveling to the Guajira to accompany the negotiations from late November probably through January.

 

Any individual or organization that would like to formally join this International Commission, please let me know, and also let me know what you think you can do to contribute to its efforts.

 

Avi

 -----

Barranquilla, Novembre 8, 2006

 

Compañera:

Avi Chomsky

 

Warm greetings:

 

All of us here in the Guajira would like to thank you and the members of your international delegation who we had the privilege of accompanying in the important task of bringing a voice of hope to the members of the communities surrounding the Cerrejón mining complex.

 

I particularly want to express my sincere gratitude to you for allowing us to share these life experiences with you.  This kind of experience is what brings us the strength and conviction that we need to continue our struggle against the social inequalities in our country.  Our experience with you allowed us to come close to these uprooted and displaced communities that are suffering from desperation and depression because of the way they are humiliated and assaulted by the strength of foreign capital, with the blessing of the Colombian state.  Their fundamental rights have been violated.  These communities lack the most minimal conditions necessary for a decent life.  They seem to belong to the living dead.

 

Beginning now we as a union are proposing that just as the company has a social responsibility for the way it runs its business, our union has a moral and political responsibility before the destruction that the Guajira communities are suffering at the hands of Cerrejón.  The company generates huge profits through the misery, poverty, and uprooting of these populations.  The communities have to pay a very high price for the company’s profits.

 

Once more we sincerely thank you for your solidarity and your cooperation.  We are convinced that only the unity among the different peoples of the world can allow us to confront these economically powerful and inhuman multinationals in the name of the communities that have the misfortune to be located in the path of the mine’s expansion.

 

To all of the members from the international delegation, we reiterate that only unity, organization, and struggle will allow us to bring about social justice.

 

Avi, please translate this document and share it with the rest of the delegation.  Finally, I’d like to share some words by Che Guevara, which I think respond to a question that Tom asked, with respect to the meaning of the word “compañero.”

 

“We are not friends, we are not relatives, we don’t even know each other.  But if you, as I, are outraged by any act of injustice committed in the world, then we are compañeros.”  However, we also now consider you all to be our friends and our relatives.  Forever united,

 

Jairo