The North Shore Colombia Solidarity Committee Blog

BHP Australia meeting
reply to:
Avi Chomsky

A quick report on the BHP shareholders meeting in Australia. A more formal report will follow.

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HI Folk

I’ll be sending you further information shortly regarding v interesting discussions at BHP BIlliton agm in Brisbane, you can listen by webcast by gong to

http://www.bhpbilliton.com/bb/investorsMedia/shareholderMeetings.jsp and click on

BHP Billiton Limited AGM Archived Webcast

Argus made the outrageous statement that “ The only commitment I give you is that we leave it in the hands of the person managing the mine… “

I got an applause from shareholders for my question on El Cerrejon, which read something the outline below. The bit on El Cerrejon is at 1.25 minutes into the webcast and then a follow up by a random shareholder who was concerned by the response ta 1.50min

I had a discussion with Ian Wood, BHP vice president after the AGM. Apparently he has been to Colombia 3 times. He claimed not to be aware of the request for collective negotiations.

He also claimed, as we are aware, their position that there are only 8 families from Tabaco that have not been resettled, but gave me a commitment to find out from Leon Teicher whether the company was willing to negotiation with people collectively for relocation as a group rather than individually. He said that he was told that people had favoured individual cash payments rather than other forms of settlement.

It would be good to debunk this if possible.

He hadn’t talked to community people, only to the company.

I’ll be following up with an email to Ian Woods, pasted below, I will be sending a letter to Don Argus. As you will see from my question below there is scope to argue under the World Bank principles that the company must negotiate with people as a group.

We scored significant shareholder sympathy at the meeting on this issue, so Id say created some leverage for moving the issue along.

Best regards

Techa

Rough transcript of the question put to BHP Billiton’ s board of directors

My question relates to the El Cerrejon mine in Colombia a matter which has been raised a number of times before the meeting and which the board have committed to resolving,

My concern is a matter that I believe poses reputational risks to the company.

We have raised concern over the El Cerrejon mine at a number of annual general meetings of the company, in particular highlighted the unresolved issues of the forced displacement of the community of Tabaco in 2001, involving an incident of violent displacement akonwledged as regrettable.

However over 3 years have passed since this matter was first raised by shareholders and there has been no progress on resolving outstanding claims and people’s requests for resettlement in a manner that respects their cultural and social rights to continue to live together as a community. Many of those forcibly displaced from the community are now landless without any source of income, and reliant on recent humanitarian missions for health services.

We express concerns over growing local and international calls for the company to address this issue. I have with me information on protests and letters of concern from governments and other bodies in regions of the US and Canada where the company sells its coal. Sintracarbon, the union representing coal miners from El Cerrejon has also recently included demands that the company properly compensate and undertake relocation of communities affected by the mine in a manner that respects their human rights in their bargaining position with the company. Clearly this issue is not going away but is gaining increasing public profile. It is concerning that this issue has reached a level where consumers are actively calling for the resolution of these problems and we note with concern the potential for this to affect markets for product for El Cerrejon,

The Tabaco displaced persons committee has sought a community relocation arrangement that will enable them to continue living together as a farming community in a different location, which they have already identified. However according to our sources, the company has withdrawn from all dialogue with those who have outstanding claims. In a meeting held by a delegation from American based “Witness for Peace” with El Cerrejon director Leon Teicher stated that the company will not negotiate with the communities as a whole for relocation, but only with individual families.

BHP Billiton has commendably committed to implementing the mininmum standards outlined in the World Bank principles on involuntary settlement. These mandate that “Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers’ preferences with respect to relocating in preexisting communities and groups are honored.”

According to a delegation that recently met with Leon Teicher, he stated clearly that there would be NO NEGOTIATION with Tabaco people as a community. Will the company live up to its publicaly state commitments under the World Bank guidelines and ensure that, as a matter of urgency, negotiations to resolve these matters with the representatives of those displaced take place according to their clearly stated desire to negotiate as a group and be relocated as a group to a location where they can live according to their cultural traditions and practices?

As such I am asking that BHP Billiton put its publicly stated commitments into practice at this operation.

I sincerely hope that I won’t have to be here at the next annual general meeting raising this issue

Email to ian woods

Dear Ian,

It was good to chat with you briefly following the AGM, and I appreciate your interest in moving forward these issues to a just resolution.

I am just writing to confirm your commitment to clarifying whether or not El Cerrejon is willing to negotiate as a group, and in particular for relocation that enables people to continue to live as a community.

This query refers both specifically to the community of Tabaco, and also to the other communities who have had their living standards, including access to work opportunities, health and education services reduced as a result of the mines expansion.

As I mentioned during the meeting, we are particulariy interested in seeing the mine apply the World Bank Principles on Resettlement in this project as affects the people of Tabaco and other affected communities,

I am also interested in an update on the proposed expansion of the mine that would lead to diversion of the riverm in particular the process for securing the free and prior informed consent of Indigenous communities who rely on and have traditional claims to the river and surrounding lands. As you may be aware, the Colombian legislative framework, domestically under their Constitution and in line with international commitments to the ILO Convention 169 requires this principle be instituted.

Thanks for your time,

I look forward to your response,

Techa