A PEDAGOGY OF CONFLICT
The Civic Committee for the Defense of the Rancheria River, the spring of Cañaverales, and the royalties
Reason for the labor Conflict with Cerrejón (I)
I. THE CERREJÓN MINE
La Guajira is one of the most powerful areas in terms of energy
in Colombia; it holds 56% of the national reserves of coal. For over 30 years
ago, this wealth is exploited by coal Cerrejón, which is currently an equally
owned consortium of the multinationals BHP Billiton, Anglo American and
Xstrata.
II. Social
debacle in La Guajira.
The social conditions of the people living around the mining
towns of the municipalities of Albania, Hatonuevo, Barrancas, Uribía, Maicao,
Manaure live in deplorable conditions. 55.5% of these people live in rural areas
while 44.5% live in urban areas
municipalities. This indicates that over 50% of the population of the area of
influenced by Cerrejon is rural and live in conditions of a semi-desert
territory. In addition, 53.5% of people in La Guajira are recognized as
belonging to the Wayuu indigenous people, which speak their language, Wayuunaiki.
It should be noted that all of the Wayuu who live in the area of influence in
this area are rural.
In terms of public services, only 21.1% of the indigenous
population has access to piped water, 11.8% to sewerage, and 13.2% to garbage collection.
For water supply, 35.7% indigenous population gathers water from jagüeyes (superficial
water rain collectors), 19.3% through pump wells, 13.4% using rivers and
streams, and only 11.4% of them through public water means. Meanwhile, the
non-indigenous population is supplied by public water in an 83.1%. The
indigenous population has an illiteracy rate of around 39.9% while it is 7.0%
for non-indigenous population. If we compare this figure with the indicators
for the Atlantic Coast where illiteracy reaches the 11.7% we can conclude that
this area has serious problems in education access.
According to the 2007 Fiscal report of the Ministry of
Finance, the percentage of people with unsatisfied basic needs in the
department reaches 91.89%, the SISBEN (social health services) only enrolls
52.44%, and it has the fourth lowest index of Living Conditions in Colombia and
lowest in the Atlantic Region, reaching 56.87. In addition to the above, La
Guajira has one of the most unequal incomes in the country, with a Gini index
of 0.615. This is problematic thinking the sharp increase in inequality in the
department that occurred between 2008 and 2010 compared to that observed in
2002-2005, when recorded levels below the national average.
III. What is Cerrejon Coal Limited?
It is a mining Company owned by the multinationals
BHP-Billiton (Anglo Australian), Glencore (Swiss), and Anglo American (South
Africa). The mine is the world's largest open pit company and in Colombia, it
is among the largest and most important in the country. Currently ranked 18th
among the largest investment, the 6th in sales or operating revenues and it is
the 3rd in terms of net profits or earnings. In coal mining, Cerrejon is the
second investment after Drummond, and the first in operating income and net
income.
IV. REPRESENTING THE BUSINESS OF CERREJON.
During the period of 1985 to 2009, Cerrejon exported 444.9
million tons, generating profit of U.S. $ 18,299 million, leaving it to the
nation through royalties only $ 1.461 million. That is, for us being the owners
of the resource, we only received 7.9%. In 2011, Cerrejon was established as
the third company in Colombia by net profit and the first in the coal sector.
In that same year, the Cerrejon mining company accumulated investments worth
4.9 billion pesos, it obtained operating income of 5.2 billion pesos, and a net
profit worth of $ 1.3 billion. In 2012 it exploited 34.6 millions tons and
exported over 32 million tones. Furthermore, it continues its expansion project
(the P40) that raises its production to 40 million tons in just two years with
an investment of 1,300 million dollars. According to the latest official data, the
company investments or total assets showed an increase in one year of 24.52%.
Similarly, net profit amounted to 37.8%.
The profitability of
Carbones del Cerrejon, experts say, is enviable, since it rose to 25.51% while
the industry average, rose only 6.1%.
V. What is SINTRACARBON.
It is the union which represents 5,900 of the 12,000 employees
the Cerrejon. They are looking for a negotiation process that offers life with
dignity and decent work to unionized workers, contract workers, communities
that are within or are adjacent to the mine and have been displaced. It also
seeks to guarantee environmental safety to the department of La Guajira.
VI. What are the REQUESTS ARE THE WORKERS.
The list of demands by Sintracarbon cover the needs of
workers in terms of income, education for them and their families, and health
access for the beneficiaries of the institutional program, given the
difficulties of health services in La Guajira.
Workers have also identified the environmental risks of coal
mining of El Cerrejon as a topic to discuss in this process. Special interest
is placed in reaffirming the downside of the deviation of the Rancheria River, which
as the company president, Roberto Junguito, confirmed it is postponed but not
discarded.
1). Tercerization (third-party contracting).
Cerrejon has approximately 13,000 employees of which 60% are hired
through third-party private contractors of over 300 companies. These workers
earn on average 30% less than direct workers while they are prevented to
organize in unions. It should be noted that these workers have 12-hour-long
days of work, when humanity for over 100 years had surpassed those days of
exhausting work.
·
What does SINTRACARBON CLAIM?
For these workers hired by third-party contracting companies,
the union claims equitable remuneration to their work and living conditions
Mine workers also claim equity in employment of contract
workers, who are in clear conditions of inequality versus those hired directly,
which are the minority of those working for El Cerrejon Coal. Similarly, they
ask for respect to their rights of association.
2) HEALTH.
There are more than 700 workers suffering from diseases
related to their professional activity. Some of them suffer blood poisoning by
lead, other workers from silicosis, some others more permanent damage to their
spine. Their illnesses have been confirmed in medical diagnostics that we have
(SINTRACARBON) carried out very carefully to confirm this situation, even if we
are exempted to do this by law. Currently, a class action was accepted by the
Attorney General's Office, which will inspect the mine in February regarding
the number of cases of severe illness and the impact of mining on public
health. The Company has decided not to recognize occupational diseases, and to offer
workers the protection they are entitled to.
·
What IS THE PETITION
Providing access to personal and family health services that
are not provided in La Guajira. The company also need to produce official
reports on workers who, because of their work, are exposed to risks from proven
carcinogenic substances, ionizing radiation or high temperatures.
3) ENVIRONMENTAL IMPACT
In 30 years of operation, Cerrejon has intervened on
approximately 12,000 Hectares of tropical dry forest, of which has only
recovered 3,000. Similarly, they have made disappear or destroyed more than 10
streams and tributaries of the Rio Rancheria.
·
What is our REQUEST
We want mine to not negatively affect the environmental
balance of La Guajira. Also, we want Puerto Bolivar to be monitored on
environmental quality, and to ensure that the Rancheria river is not diverted. The
respect for ancestral communities in the process of translating production has also
been established as one of the aspirations of the workers in its statement.
4) DISPLACEMENT population close to the mining complex.
Throughout the history of Cerrejón there has been many
displaced and threatened to be displaced populations, including Roche, Las
Casitas, Barrancones Oreganal, Patilla, Chancleta, Tamaquitos, Zarahita, Manantial,
Palmarito, Provincial and El Descanso. They encourage and promote the forced
displacement through a series of actions, beginning with acquiring the
properties or properties adjacent to the villages, and then claiming his
character of private property, preventing them from agricultural activities,
livestock and game. In addition, they have closes the access to roads to
villages and prohibiting from traveling between 6 pm and 6 am, leaving its
people prisoners in their own territory.
They have set off a series of violations ranging from
preventing the free movement of people, disrespecting their idiosyncrasies, preventing
their right of association to the displaced communities, and exterminating
their customs, and their cultural, economic and social dynamics,.
·
What is the REQUEST of the union.
Respect for ancestral communities in the process of
displacement related to production.
5) wage conditions
For every 100 pesos earned by Cerrejon, the company spends
53 in production costs, while for labor costs only spends 6.50 pesos, which
includes salaries, benefits, social security, and retirement.
Previous Convention:
First year: CPI +
6.5%
Second year: CPI+
3.17%
What the company has offered in the discussion of this
convention
First year: CPI +
5.1%
Second year: CPI
+1.44%
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