The North Shore Colombia Solidarity Committee Blog

THE COLOMBIAN GOVERNMENT AND THE MANAGEMENT OF MINERCOL, LTDA, UNLEASH OFFENSIVE TO EXTERMINATE SINTRAMINERCOL, ILLEGALLY FIRING YESENIA ECHAVARRIA ZULETA, ATTEMPTING TO EVICT THE UNION FROM ITS HEADQUARTERS AND UNJUSTIFIABLY ACCELERATING THE LIQUIDATION OF THE COMPANY.

THE UNDERSIGNED UNIONS, SOCIAL ORGANIZATIONS, AND HUMAN RIGHTS ORGANIZATIONS DENOUNCE THE ILLEGAL FIRING OF YESENIA ECHAVARRIA ZULETA, THE ATTEMPTS TO EVICT THE UNION FROM ITS HEADQUARTERS, AND THE ILLICIT MANEUVERS TO ACCELERATE THE LIQUIDATION OF THE STATE MINING COMPANY. THE MANAGEMENT OF MINERCOL, LTDA IS CARRYING OUT THESE ACTS TO PROMOTE THE GOVERNMENTAL AND MULTINATIONAL POLICY OF EXTERMINATING THE COUNTRY’S UNIONS. WE CALL URGENTLY UPON THE SOLIDARITY OF INTERNATIONAL SOCIAL, DEMOCRATIC, AND HUMAN RIGHTS ORGANIZATIONS TO PREVENT THE LEGAL AND PHYSICAL DISAPPEARANCE OF UNION LEADERS IN COLOMBIA.

FACTS:

1.-The International Development Bank, working with the Canadian agencies CIDA-CERI, lawyers for various multinationals, and the government of president Alvaro Uribe Vélez, began the process of liquidation of the state mining company MINERCOL LTDA through Decree 254 of January 28, 2004, which implemented the Mining Code’s Article 317. This article was elaborated by lawyers working for the HOLCIM, CEMEX, and Ladrillera Santafé companies (the latter belonging to the family of ex-president Pastrana).

2.- This Code has caused enormous harm to Colombia’s mining sector and its national sovereignty. In addition, it called for the liquidation of the state mining company Minercol Ltda, as a legal mechanism to eliminate the union SINTRAMINERCOL. These legal steps were accompanied by a campaign of attacks, threats, violations of the collective bargaining agreement, attempts on the life of the President of the union, illegal firings, bombings of the union headquarters, suspension of security measures for members of the organization, and removal of the fuero sindical (legal protections granted to union members) from workers who have then been illegitimately fired.

3.- YESENIA ECHAVARRIA ZULETA is active in SINTRAMINERCOL, a member of the National Claims Commission of SINTRACARBON and FUNTRAENERGETICA, Coordinator of the International Network of Women and Mining, as well as belonging to the subdirectors’ board of FENASINTRAP (central zone). She was recently a witness at the PERMANENT PEOPLE’S TRIBUNAL which found several mining multinationals guilty of serious and repeated human rights violations in our territory. In spite of the legal protection she enjoyed she was illegally fired by Eduardo Arce Caicedo, representing the Minercol management which is loyal only to the Uribe government and the multinationals.

4.- This arbitrary and illegal decision by the Minercol management was carried out in the context of a continuing repression against its unionized workers and the suspension of fundamental rights and guarantees. These policies are aimed at the illegal and accelerated liquidation of the company, the forced eviction from the union headquarters, and the disappearance of our union organization. We are being targeted because of the role we have played in the defense of our national sovereignty over our country’s mineral resources, our charges against the national government, the governments of the developed countries, and the multinationals for their crimes against humanity and war crimes, and our defense of the lives of our members. Our actions contributed the re recent sovereign decisions by Danish and Dutch governments and companies to suspend the importation of Drummond coal until the case of the murders of three members of SINTRAMIENERGETICA, the union at the Drummond mine, is resolved.

All of these actions have been ordered by EDUARDO ARCE CAICEDO, Minercol’s Liquidation Manager, and MONICA P. ILLIDGE, the company’s Adminstrative Coordinator. These individuals have devoted themselves to violating the Colombian Constitution and the country’s Collective Bargaining Law. They have threatened the leaders of SINTRAMINERCOL, refused to acknowledge their own ties with the multinationals, and carried out illegal proceedings to accelerate the closing of MINERCOL Ltda.

REQUESTS

To the Colombian government: That it monitor and respect the fundamental rights of the workers affiliated with SINTRAMINERCOL. That it immediately cease the criminal persecution of our affiliates by Minercol, Ltda.’s administration, and that it immediately reinstate YESENIA ECHAVARRIA ZULETA.

To the Colombian government and the representatives of the multinationals that are exploiting Colombia’s mineral resources: That they assume responsibility for the repression and cease their policy of dismantling our union organization, which operates under the protection of the law of our so-called Social State of Law.

To the Canadian and Swiss governments, and to civil society in these countries: That they initiate a process of Truth, Justice, and Reparation that uncovers the role of these governments and their multinationals in the destruction of the social fabric of the unions, Afro-Colombian and indigenous communities, etc., who have been the victims of the acts carried out by these governments and companies, as declared by the decision of the PERMANENT PEOPLE’S TRIBUNAL recently held in Medellín.

To the Colombian Attorney General: That he investigate the “disappearance” of the files concerning the attacks on the members of the union and the union headquarters, in order to initiate an investigation into the irregularities involved in the liquidation of MINERCOL LTDA., and about the crimes committed by MONICA P. ILLIDGE and EDUARDO ARCE CAICEDO in the persecution of union members.

In spite of the numerous charges we have raised the Attorney General’s office has never carried out an investigation of these cases. The Supreme Court of Bogotá must not allow the disappearance of SINTRAMINERCOL to be carried out with impunity, when we have denounced it as a War Crime and a Crime Against Humanity.

We call upon the social organizations of the world to:

1.- Begin peaceful protests at Colombian consular and diplomatic offices demanding an end to the repression against SINTRAMINERCOL and the immediate reinstatement of YESENIA ECHAVARRIA ZULETA.

2.- Call for the suspension of importations and new contracts for importations from Multinationals and National monopolies that are implicated in the repression of social organizations in our country.

3.- We call upon the workers in these companies to carry out protest actions like strikes and demonstrations, demanding an end to the repression against SINTRAMINERCOL and the immediate reinstatement of the workers illegally fired.

4.- We call upon the governments of the United States, England, and Israel to immediately halt military aid to Colombia, whose government has been implicated in serious violations of Human Rights. This aid is used to protect the economic interests of the donors’ multinationals.

ORGANIZATIONS SUPPORTING THIS PETITION:

SINTRAMINERCOL, SINTRAMIN, FENALTRASE, FENASINTRAP, FUNTRAENERGÉTICA, CUT DIRECTIVA BOGOTA Y CUNDINAMARCA, CUT DEPARTAMENTO DE DERECHOS HUMANOS, SINTRAELECOL COSTA ATLÁNTICA, SINTRADEPARTAMENTO ANTIOQUIA, UNEB, USO, ASOCIACIÓN ECATE, NOMADESC, ACACEVA, SINTRAENTEMDICCOL, CAMPAÑA PROHIBIDO OLVIDAR, SINTRAMIENERGETICA SUBDIRECTIVA EL PASO, ORGANIZACIÓN WAYUU MUNSURAT.

Bogotá, November 22, 2006.

Please send letters to the Colombian authorities, to the multinationals, and to the embassies of Switzerland, Canada and the United States, with copies to Sintraminercol

Embajador de Canadá en Colombia.

Carrera 7 #115-33 piso 14

Telf: 57-1-6759800 Fax: 57-1- 6579912. E-mail: bgota@international.gc.ca

Embajador de Suiza en Colombia SR. Thomas Kupfer.

Carrera 9a No. 74-08 piso 11. Bogotá Colombia. Teléfono 57-1-3497230. Fax 57-1-2359803.

HOLCIM (Colombia S.A.) Calle 114 No. 9-45 Torre B piso 12 Bogotá Colombia. Teléfono (57-1) 6295558 o al Fax (57-1) 6294629.

The Chief Executive, HOLCIM, Hagenholzstrasse 85, CH-8050 Zurich, Switzerland.

CEMEX
Calle 99 No. 9 A-54 Piso 7
Teléfono: 57-1-603 9000
Fax: 57-1-646 9000

Ladrillera Santafé
Cra. 9 No. 74-08 Of 602
Teléfono: 57-1-319 0330
Fax: 57-1-2118766
E-mail: santafe@santafe.com.co

Presidencia de la República

Dr. Álvaro Uribe Vélez, Cra. 8 No..7-26, Palacio de Nariño, Santa fe de Bogotá.

Fax: (+57 1) 566.20.71 E-mail:

Vicepresidencia de la República

Dr Francisco Santos E-mail:fsantos@presidencia.gov.co

Ministro de Minas y Energía

Dr. Hernán Martínez Torres, Transversal 45 No. 26-86 Bogotá. Teléfono (57-1) 324 5262 email: minas.energia@minminas.gov.co

Presidente de Minercol Ltda. y Coordinadora Administrativa

Dr. Eduardo Arce Caicedo y Mónica P. Illidge

Cra 7 #31-10 piso 10, teléfono 57-1-3503781 e- mail: sugerencias@minercol.gov.co, webmaster@minercol.gov.co

Ministro de Protección Social.

Dr. Diego Palacio Betancourt

Carrera 13 No. 32-76 Piso 22 Bogotá D.C. Teléfono 57-1-3365066 Fax 57-1-3360182. Email: Dpalacio@minproteccionsocial.gov.co

Procuraduría General de la Nación

Dr. Edgardo José Maya Villazón. Carrera 5 No. 15-80 Bogotá. Fax: (+57 1)342.97.23. E-mail: reygon@procuraduria.gov.co anticorrupcion@presidencia.gov.co

Defensoría del Pueblo

Dr. Volmar Antonio Pérez Ortiz. Calle 55 No. 10-32 Bogotá. Fax: (+571) 640 04 91 .

E-mail:secretaria_privada@hotmail.com

Misión Permanente de Colombia ante las Naciones Unidas en Ginebra.

Chemin du Champ d'Anier 17-19, 1209 Ginebra. FAX: (+4122)791.07.87; (+4122)798.45.55. E-mail mission.colombia@ties.itu.int

Tribunal del Distrito Judicial de Bogotá, Sala Laboral

Diagonal 22B #53-02 teléfonos 57-1-4055200

SINTRAMINERCOL: Calle 32 No. 13-07, 3er piso Bogotá. Teléfono (57-1) 2456581, Fax (57-1) 5612829 e-mail: sintrami@telecom.com.co

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.

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

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

REPORT BY THE INTERNATIONAL DELEGATION - YANAMA - SINTRACARBON

TO THE SINTRACARBON PLENARY

IMPACT OF THE CERREJON MINE EXPANSION ON THE COMMUNITIES IN THE MINING AREA

During the week of October 30 to November 3, 2006, a delegation of the National Union of Coal Workers (Sintracarbón) made up of José Arias, Freddy Lozano, and Jairo Quiroz, worked together with several international NGOs and the Wayuu indigenous rights organization Yanama to investigate the living conditions and health conditions in the communities in the area of the Cerrejón mine.

The delegation met with the communities of Patilla, Roche, Chancleta, Tamaquito II, Albania, and Los Remedios, as well as the indigenous reservation of Provincial and the displaced population of Tabaco. It carried out health clinics, conducted a public health survey, and listened to testimonies and life stories in all of these communities.