Pressure mounts from customers and union for El Cerrejon coal mine to resolve human rights abuses

El Cerrejon customers in Canada and the US, as well and Sintracarbon, the union representing coal workers at the mine have called for resolution of human rights abuses against displaced communities from expansions at the coal mine in Colombia. El Cerrejón is the world’s largest open-pit coal mine owned in equal thirds by BHP Billiton, Anglo American and Xsrata. One by one, small indigenous and Afro-Colombian communities that have lived together, farmed, hunted, and fished for centuries, are being destroyed. Company agents illegally wiped the village of Tabaco off the map in 2001 to expand the mine and, on the expanding edge of the pit, the villagers of Tamaquito are being cut off from services and shrouded in mine dust.

Rough transcript of the question put to BHP Billiton’ s board of directors by BHP shareholders for social responsibility in the 2006 Annual General Meeting in Brisbane, Austalia

"My question related to the El Cerrejon mine in Colombia, of which BHPB ownes a third share. Concerned shareholders have raised the plight of communities around the El Cerrejon mine at a number of annual general meetings of the company,in particular highlighted the unresolved issues of  forced displacements of members of the community of Tabaco in 2001, which the company has previously  ackonwledged 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 Scnider 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.” 

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?

I also kindly request an update on proposed plans for diversion of the river to make way for the mine’s expansion? What is the current status of this proposal, what form of consultation or impact assessment is proposed, and how will the company be seeking, as is mandated by Colombian laws, the informed consent of the Indigenous people who have claims to  the lands and water resources.

_____________________________________________________________________________________ 

List of supporting documentation below

1. Letter to Mr Teicher from International Comission in Support of Sintracarboon and the Communities Affected by Cerrejon, 16th November 2006

2. Sintracarbon Coal  Workers Union  National and International Declaration on the Impact of the Cerrrejon Mine Expansion on the Communities of the Area

3. Extracts from the current bargaining position of the union referring to requirements that El Cerrejon address violations of communities' rights

4. 4. Statements and Resolutions Adopted by the Salem City Council. The city consumes coal purchased from the  El Cerrejon mine

5. Correspondence iwth  political candidates in New Brunswick, which consumes coal purchased from El Cerrejon mine expressing concern and commitments to address the human rights abuses

_______________________________________________________________________________________

1. Letter to Mr Teicher from International Comission in Support of Sintracarboon and the Communities Affected by Cerrejon, 16th November 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

2. Sintracarbon Coal  Workers Union  National and International Declaration on the Impact of the Cerrrejon Mine Expansion on the Communities of the Area
 
“SINTRACARBON”
SINDICATO NACIONAL DE TRABAJADORES DE LA INDUSTRIA

DEL CARBON
Personería jurídica No. 000109 del 18 de enero de

1.996
NIT. 890.113.158-1

NATIONAL AND INTERNATIONAL DECLARATION ON THE
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) 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.

These communities are being systematically

besieged by the Cerrejón company.  The company

begins by buying up the productive lands in the

region surrounding the communities, encircling

each community and destroying inhabitants’ sources

of work.  These communities have historically

relied on agriculture and herding (cattle and

goats).  Another phenomenon we observed everywhere

was that the rivers in the region have also been

swallowed up by the company’s land acquisitions. 

Now the communities’ residents have also lost the

ability to fish.  Because the rivers have become 

part of the company’s private property, residents

who have tried to fish there have been harassed by

the company’s private security forces and by the

army.  Some have been arrested and jailed.  The

goal of these policies is to eliminate all sources

of employment and the only means that the

communities have of supporting themselves.  The

United Nations has established categories of

“poverty” and “extreme poverty”, but these

communities have reduced to the conditions that we

could call the  “living dead”.  They do not have

even the most minimal conditions necessary for

survival.  They are suffering from constant

attacks and violations of their human rights by

the Cerrejón company.

Another of the company’s macabre tactics has been

to cut off the communities’ electricity

periodically.  This is just another element in the

systematic process of annihilation of the

communities, to create despair so that they will

negotiate from a position of weakness,

desperation, and hopelessness, and agree

individually to the company’s terms.

Each of these communities has been reduced to a

zone of misery.  They have no schools, hospitals,

or basic public services.  Their water supply is

unfit for human consumption.  We also saw evidence

of many cases of respiratory diseases, skin

infections, mental health problems, and arthritis.

 We have not yet analyzed the results of our study

on pediatric health, but we will issue a statement

on that in the future.

Upon finishing this stage of the investigation of

the communities affected by the Cerrejón mine by

SINTRACARBON, YANAMA, and the International

Commission, we conclude that the reality is far

worse than we had imagined.  The multinational

companies that exploit and loot our natural

resources in the Cerrejón mine are violating the

human rights of these communities.

Sintracarbón has committed itself to the struggle

of the communities affected by the mine’s

expansion.  We invite all other unions and social

organizations in Colombia and especially in the

Guajira to join in the struggle of these

communities for better conditions and quality of

life and to take on the communities’ problems as

our own problems.

As a union committed to the struggle of these

communities, we have established the short-term

goal of working to help unify the affected

communities, to participate in their meetings, to

take a stand with the local and national

authorities regarding the absence of public

services in the communities, to begin a dialogue

with the company about the reality we are now

aware of, and to take a public stand locally,

nationally, and internationally about the

situation of the communities affected by the

Cerrejón mine and its expansion.

SINTRACARBON STANDS WITH THE STRUGGLE FOR JUSTICE

FOR THE COMMUNITIES AFFECTED AND DISPLACED BY THE

CERREJON MINE!

¡VIVA LA JUSTA LUCHA DE LAS COMUNIDADES

DESPLAZADAS Y AFECTADAS!
POR LA EXPANSION DE LA MINA DEL CERREJON ¡!!!!

SINTRACRBON PRESENTE ¡!!!!

3. Extracts from the current bargaining position of the union referring to requirements that El Cerrejon address violations of communities' rights

Extracts from the current negotiating position of

the Sintracarbon coal workers union reflecting

concerns over community relations at the El

Cerrejon Mine. 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.

4. Statements and Resolutions Adopted by the Salem City Council. The city consumes coal purchased from the  El Cerrejon mine

Salem City Council
Resolution on the Cerrejón Mine in Colombia

The following resolution was passed by the Salem

City Council, Massachusetts, USA, on April 26,

2006, and forwarded to the Colombian government

and the mining companies accused of human rights

violations in the Guajira:

WHEREAS, Salem Harbor Station, located in the City

of Salem, MA, consumes coal produced in the

Cerrejón Zona Norte mine in La Guajira, Colombia;

WHEREAS, since the development of the mine in 1982

the indigenous Wayuu people of La Guajira have

been displaced from their lands and had their

traditional means of livelihood destroyed by loss

of land and industrial contamination;

WHEREAS, in August 2001 the Afro-Colombian village

of Tabaco was bulldozed by Exxon Mobil, then half

owner of the mine, which included the destruction

of many homes, the town’s church and school to

make room for expansion of the mine;

WHEREAS, residents of Tabaco appealed to the

Colombian Supreme Court for the relocation and

reconstruction of their towns;

WHEREAS, the Colombian Supreme Court ruled in May,

2002, in favor of the villagers and their request

for relocation and reconstruction of their town,

and ordered the Mayor of Hatonuevo to oversee the

reconstruction;

WHEREAS, two Colombians, Wayuu leader Remedios

Fajardo and Tabaco’s lawyer Armando Pérez Araújo,

visited Salem in May, 2002 and in April, 2006 Mr.

José Julio Pérez visited Salem to ask for Salem’s

support in expressing solidarity with and

demanding justice and relocation for the people

who live in the mining zone;

WHEREAS; officials of Dominion issued a statement

as follows:  “Dominion is sympathetic to the

problems this village faces.  We expect all of our

suppliers—domestic and foreign—to adhere to all

rules and regulations governing their operations. 

Dominion would like to see a just resolution to

these issues.”  (Daniel A. Weekly, Director,

Northeast Government Affairs, Dominion Resources,

Tuesday, April 18, 2006)

NOW, THEREFORE, BE IT RESOLVED, by the City

Council of the City of Salem, that the City

Council supports the Colombia Supreme Court’s

decision and requests that said decision be

carried out promptly and effectively, so that the

inhabitants of Tabaco can rebuild their community

and lead productive, shared lives;

BE IT FURTHER RESOLVED, that the City Council

urges that any further mine expansion be

conditioned on peaceful and just negotiations that

guarantee residents in the mining area basic human

rights:  right to live, right to subsistence by

one’s own labor, and the right to human dignity;

BE IT FURTHER RESOLVED, that as a community

hosting a coal powered generating facility, we

condemn violations of human rights by all actors

involved in Colombia’s conflict, including

guerrilla groups, military, paramilitary, police,

multinational corporations and foreign agents,

including U.S. defense contractors; we express our

solidarity with all Colombians working for

nonviolent, just, political solutions to the

conflict in Colombia, and we encourage the

establishment of an ongoing relationship with

organizations in the Guajira working peacefully

for the human and democratic rights of the Wayuu

indigenous people (Yanama) and the villagers of

Tabaco (Comité Pro-Reubicación de Tabaco).

BE IT FURTHER RESOLVED, that the City Council

supports the site visit of La Guajira, Colombia

and the Village of Tabaco by the Witness for Peace

Delegation.

CITY OF SALEM, MASSACHUSETTS

Kimberley Driscoll
Mayor

Proclamation

WHEREAS: Jose Julio Perez, President of the

Community Council of Tabaco, has come before the

Mayor and the Salem City Council in support of his

fellow villagers; and

WHEREAS: Mr. Perez has been working as an

activist on behalf of his fellow villagers whom

have been displaced from their homes due to the

expansion of the neighboring coal mining plant;

and

WHEREAS: Mr. Perez is not only speaking in

support of his family and friends in the Northern

Columbian village of Tabaco, but also for the

rights of employees everywhere; and

WHEREAS: Mr. Perez is seeking support from

local Salem officials to administer pressure on

Cerrejon Norte, the world’s largest open pit coal

mine, to find homes for his fellow displaced

villagers, treat their workers humanely, submit to

stricter environmental regulations, promote public

health and respect human rights; and
 
WHEREAS: in his campaign to raise awareness

of these issues, he also hopes to raise funds in

order to hire area scientists to conduct health

and environmental impact studies of the mine; and

NOW, THEREFORE, BE IT RESOLVED THAT I, MAYOR

KIMBERLEY DRISCOLL, DO HEREBY HONOR, RECOGNIZE AND

SUPPORT

JOSE JULIO PEREZ
for his exceptional example of leadership and

activism on behalf of his fellow villagers in

their fight for public health, the environment,

employee rights and social awareness, and, on

behalf of the City of Salem, express  sincere

gratitude and deep appreciation to him for sharing

his valuable time, knowledge, and extensive

efforts for the well-being of all people and

purposes for which he continues to advocate for. 

  ________________________ 
       

  Kimberley Driscoll
       

   Mayor

5. Correspondence iwth  political candidates in New Brunswick, which consumes coal purchased from El Cerrejon mine expressing concern and commitments to address the human rights abuses
Candidates in New Brunswick groups have taken a

stand in relation to the purchases of coal that

are made  by local power providers and the

connections to human rights abuses and

environmental degradation at the El Cerrejon mine

in Colombia.

1. From: "Kelly Lamrock, MLA"

<klamrock@rogers.blackberry.net>

Hi Tracy:

I met with the union representatives as well and I

have raised this issue
in the Legislative Chamber. I have a pending right

to information request
for our dealings with the Cerrajon mine. I will

continue to push for
recognition of our human rights responsibilities

whether my party or
another party is in power.

Kelly Lamrock
Liberal Candidate
Fredericton-Fort Nashwaak

Kelly Lamrock
MLA, Fredericton - Fort Nashwaak
Opposition House Leader
(506) 444-4648 (w)
(506) 471-0288 (cell)
klamrock@nb.aibn.com

2. From: "Graham H. Cox" <gcox@citizenspress.org>

Tracy,

As a candidate for the NDP in this New Brunswick

provincial election, I
endorse the campaign and call for the immediate

end of support for the
company and governments that are supporting the

human rights abuses in
Columbia.  I recommend that an official committee

be set up to examine
other places for the coal  and in the mean time do

what we can to put
pressure on the company to institute the reforms

necessary to comply with
human rights law.

This should be an election issue and it is my

personal position that the
New Brunswick New Democratic Party should put its

support behind your
campaign to end human rights abuses connected to

the coal we use for power
here in New Brunswick.

Graham H. Cox
New Brunswick NDP Candidate

3. From: "Pat Hanratty" <pnphanratty@hotmail.com>

Hi Tracy,

My name is Pat Hanratty and I am the New Democrat

candidate in Hampton
Kings. I have the sample power bill and the poster

up in my office and if
elected I certainly will make this an issue in the

legislature. The
horrific things that have been done to the people

in Colombia, in order to
extract coal are inexcusable, and the fact that

N.B. Power has turned a
blind eye to this and continues to buy coal from

such sources should be
making more headlines.

Best of luck in your efforts.
Pat Hanratty

For more information, please contact:

Techa Beaumont
Executive Director

Workphone: +61 2 9557 9019
Mobile: +61 (0) 409 318 406

Created: 29 Nov 2006 | Last updated: 29 Nov 2006

This page: http://www.mpi.org.au/ campaigns/rights/cerrejon_update/

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