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	Just over a year after a People&rsquo;s Revolution shook Egypt, a glimmer of legislative light regarding trade union freedoms and formation of independent unions has come to the country. On 8 February, the Draft Law on Trade Union Freedoms was submitted to the People&rsquo;s Assembly, the lower house of Egypt&rsquo;s Parliament.

	After months of promises to leaders of the Egyptian Democratic Labour Congress (EDLC) and the Centre for Trade Union and Worker Services (CTUWS) for such legislation, it was introduced just over two weeks from the time the People&rsquo;s Assembly opened its session following elections.

	If enacted, the law would codify many of the core ILO Labour Conventions that Egypt has ratified over the years, but has failed to implement due to draconian laws and decrees by the Mubarak regime, and more recently the Supreme Council of the Armed Forces (SCAF). Continuing Revolution Party Parliamentarian Aboul Ezz Al-Hariry is said to be championing the new law, and the EDLC and CTUWS &ndash; as well as the newly formed Independent Union of Workers in Electricity and Energy&mdash;are hopeful some provisions of it can still be strengthened.

	The draft law was prepared by Minister of Labour and Migration Ahmed Hassan El-Borai and had been discussed in eight tri-partite meetings of Egypt&rsquo;s Manpower Committee before it was submitted to SCAF, which was silent on it.

	Now officially in Parliament, it will go before the Committee for Suggestions and Complaints and then to special Committees on Manpower and Legislative in public sessions.

	Foremost, the law would guarantee the right of freedom of association and encourage free and independent trade unions to thrive. It is hoped that other debate in Egypt will also occur on adopting an effective minimum wage policy, giving permanent contracts to temporary employees, and lifting bans and penalties on sit-ins, demonstrations and other forms of freedom of expression.

	&ldquo;A year has gone by since the people of Egypt &ndash; most specifically workers&rsquo; groups &ndash; have stood and demanded their freedoms,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;We are encouraged by the Trade Union Freedoms draft law and fully intend to support an Egyptian labour law that is in full compliance with global labour standards.&rdquo;

ICEM Encouraged by Draft Labour Law in Egypt

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	Meeting in Johannesburg, South Africa, on 9 February, the ICEM&rsquo;s Sub-Saharan African Regional Organisation (SSARO) adopted a moving statement that denounces violence against women in the workplace, most specifically a rape and murder earlier this week inside Anglo American Platinum Ltd.&rsquo;s (Amplats) Khomanani Mine in Rustenburg, North West Province.

	ICEM affiliate National Mine Workers (NUM) of South Africa has given North West police until the end of this week to arrest those responsible for this horrific act of violence. The SSARO statement follows:

	&ldquo;On the morning of 6 February, a 28- year-old female worker was violated and murdered underground at Khomanani Mine, which is owned by Amplats, a wholly owned subsidiary of Anglo American.

	&ldquo;This barbaric and neanderthal act against an innocent young worker is the most glaring case of gender-based discrimination against women and abuse of power. Sexual assault is cruel, inhuman, horrible. A mineworker underground on a daily basis has to deal with death or injury that can come from a rock fall or machines. Having to deal with death and violation against your person sexually and otherwise compounds the insecurity of a human being. A fellow worker who was supposed to act as a fellow human being acted as an animal.

	&ldquo;The National Union of Mineworkers has been fighting to enable women to work in mines. This and similar incidents should not be misconstrued to undo the progress that women have made to achieve equal employment rights.&rdquo;

	He who does not love a woman, who does not respect a woman, despises his own mother having come out of a kind womb of a woman.

	&ldquo;As the ICEM African Executive Committee and the ICEM African Women&#039;s Structure, we strongly condemn this atrocious act of barbarism.

	&ldquo;Mines and all workplaces must be safe environments for women and men. It is up to the employer to ensure that the workplace is safe for all. We will be holding the employer accountable for this tragedy.

	&ldquo;We call for a speedy and thorough investigation into these crimes. We are confident that the perpetrators will be brought to justice, whoever they are. We call on the police to do a thorough investigation as the mine has records of who works what shift. We call on them to use all the forensic technology at their disposal to find out who the perpetrator is. We will be following up on this case and checking that justice is done. We also call for a tough sentence for the perpetrator or perpetrators once found.

	&ldquo;This young woman was only 28 years old and had one child, and her future and dreams were destroyed by a barbaric act of violence by a male counterpart. This is the triple oppression that we need to continue to fight against to attain true liberation for African women.

	&ldquo;We call on comrades to rally around this slogan: Not Another Woman Must Be Reaped, Not Another Woman Must Be Murdered.

	&ldquo;We call upon affiliates and sister organisations of ICEM to post this statement on their websites and to disseminate it widely to the press.&rdquo;

ICEM SSARO Condemns Grisly Rape, Murder of Woman inside Amplats Mine

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Two sharp-edged coal disputes in Queensland and New South Wales are concluding, with branches of ICEM Australian affiliate Construction, Forestry, Mining, and Energy Union (CFMEU) gaining the best possible terms for some combined 570 mineworkers. 
 
In northern Queensland, 233 miners employed by mining contractor Theiss of Leighton Holdings at the Collinsville mine reached terms within an enterprise agreement with Theiss in early September that provides them wage increases, improved housing allowances, and job security. 
 
The two-year-long dispute erupted late in July 2010 when miners launched a continuous strike. The 16-day strike was heroically marked by miners, spouses, and partners blocking tracks and turning back trains loaded with coal. The Collinsville mine is majority-held by Xstrata but Theiss and Leighton, a subsidiary of German construction giant Hochtief, operate the mine exclusively.
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CFMEU Members at the Tahmoor Mine&nbsp;
The other long dispute coming to conclusion is with Swiss-based Xstrata at the Tahmoor mine in New South Wales. Some 240 miners likely will vote approvingly for the company&rsquo;s last offer this week. If approved, the CFMEU will retain enterprise labour agreements under Fair Work Australia, something that Xstrata was resisting in attempting to roll back union-protected work rules to the days of former Tory Prime Minister John Howard. 
 
The 22-month dispute at Tahmoor was marked by lockouts and strikes, the latest a 19-day lockout that ended 7 September. During that lockout, a Fair Work Australia judge turned back Xstrata Coal&rsquo;s application to scrub the enterprise agreements at Tahmoor, basically stating that CFMEU had the legitimate workplace right to protect job security. 
 
Xstrata was seeking broad flexibility over workplace policies and procedures, without union involvement, while the union sought assurances against job replacements by contractors and greater roles in rosters and other on-the-job work rules.

Coal Strikes in Australia Wrapping to Conclusions

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Despite two full days of bargaining between ICEM affiliate, the National Union of Metalworkers of South Africa (NUMSA), and the New Tyre Manufacturing Employers&rsquo; Industry Association (NTMEIA) on 16-17 September, no accord was reached to end the three-week old strike. Some 6,000 rubber workers have been on strike at six tyre factories operated by four employers since 29 August. 
 
Today in Port Elizabeth, 4,000 NUMSA members from tyre plants in the Eastern Cape will march in protest of rapt division among employers in this year&rsquo;s wage talks. They will present a petition to management at the plant gates of Bridgestone-Firestone in Port Elizabeth this afternoon.
In last week&rsquo;s talks guided by an independent mediator in Port Elizabeth, management of the Japanese-based company continued to deviate widely from the wage offers put forth by other tyre companies associated with the NTMEIA. While Continental, Goodyear, and Apollo-Dunlop of India placed on the table a three-year package containing wage increases of 9%, 7.5%, and 7.5%, Bridgestone-Firestone&rsquo;s offer was 7%, 5%, and 5%. 
 
Rubber workers of NUMSA are willing to accept a three-year pact, but their wage expectations are 9% in each of the three years. In addition, they seek a modernized wage module that will lift the salaries of workers who have been stuck at minimum levels for as long as 10 to 15 years. 
 
Another key issue at the bargaining table revolves around the use of labour brokers. Although the NTMEIA will not agree to a ban, it has conceded to pay contributions for short-term and temporary workers into the Provident Fund, as well as make retirement and medical payments for them. The South African tyre industry employs about 1,000 such workers.
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Also last week in South Africa, 70,000 NUMSA members across the country returned to their jobs at fuel retail outlets and auto component shops. On 14 September, NUMSA convened a special National Executive Committee meeting, where eight of nine regional structures of the union agreed to accept terms of the Retail Industry Motor Association and the Fuel Retailers&rsquo; Association, ending strikes that began on 1 September. 
 
The three-year contract for filling station attendants includes wage gains of 10%, 9%, and 8%, while auto-parts workers will receive 9%, 8%, and 8%. NUMSA did achieve a solid breakthrough regarding labour brokers, particularly in these sectors in which several employers are totally reliant on staff provided by outside hire firms. 
 
The agreement calls for all labour brokers to be registered by one of two certifying agencies, and all staff of labour brokers must receive minimum rates of pay inside the two industries as well as getting the same benefits and condition of employment. In addition, the negotiated settlement calls for the gradual phase-out of labour brokers, with a cut to 35% of current levels by the year 2013.

South African Tyre Strike Continues; Mass March Slated Today Against Bridgestone

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Coal-mining unions from Germany, Hungary, Poland, and Spain agreed last week in unity to ask the European Commission to extend its deadline for the elimination of state subsidies on the production of coal. Last spring, the Commission moved to eliminate completely any Member State from granting coal subsidies to coal-fired generating plants after 31 December 2010, but that was amended slightly in July to give a very limited extension of certain subsidies until 2014. 
 
German union IGBCE last week conducted a unity tour together with Works Council leaders of the country&rsquo;s coal producer, RAG, to Hungary, Poland, and Spain. What they found was undivided consensus that the sudden curtailment of state subsidies at year end will create social conflicts, much like what is now occurring in Spain.
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Hungarian Mining &amp; Energy Union, BDSZ&nbsp;
 
The trade unions of the coal-producing countries, IGBCE, NSZZ Solidarność of Poland, the Mining and Energy Workers&rsquo; Union BDSZ of Hungary, and mining and energy unions of both Spanish federations, UGT and CC.OO, pledged to work through their respective governments to change the Commission&rsquo;s current policy. 
 
&ldquo;The regulation proposal helps neither the coal-producing countries of Germany, Poland, Spain, and Hungary, nor the non coal-producing countries of the European Union,&rdquo; stated IGBCE President Michael Vassiliadas, who led the travel delegation. &ldquo;The subsidies do not create unfair competition in the EU. In comparison to the little that is gained in environmental protection, more (social costs) will be lost due to imported coal replaced domestic coal,&rdquo; said Vassiliadas.
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IGBCE President Michael Vassiliadas&nbsp;
Further, the unions claim that revoking the subsidies is counter-production to jobs creation coming out of the financial crisis. Coal accounts for 30% of European electricity generation, and 17% of total energy consumption in the EU.

European Mining Unions Reject Commission’s Coal Subsidies Policy

Special Newsletter: Developments in the Global Contract and Agency Labour Project

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The annual Regional Conference for the Eastern Europe/Central Asia Region of the ICEM was conducted in Moscow on 23 September. Participating affiliated trade unions came from Azerbaijan, Moldova, Ukraine, Russia, Tajikistan, Uzbekistan, and Belarus. 
 
The meeting was chaired by ROSUGLEPROF &ndash; the Russian Independent Coal Employees&rsquo; Union &ndash; President and ICEM Vice President Ivan Mokhnachuk. Each delegation briefed participants on today's situation in their respective country and union. ICEM General Secretary Manfred Warda spoke on the process of building joint structures with the International Metalworkers&rsquo; Federation (IMF) and the International Textile, Garment, and Leather Workers&rsquo; Federation (ITGLWF). The idea of creating a new Global Union Federation was supported by Mikhail Tarasenko, President of the Russian Mining Trade Union, a union invited as a guest to the meeting. 
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The ICEM&rsquo;s Regional Contact Person for the Eastern Europe/Central Asia Region and the Central Europe Region, Anatoly Surin, gave a report on the activities in the region since the last regional Council in September 2009, in Kiev, Ukraine. The participants of the meeting adopted a resolution of support to the miners of the enterprise &ldquo;STRATEX&rdquo; of Moldova in a struggle for fair wages. 
 
The ICEM&rsquo;s Regional Conference in 2011 will take place in Uzbekistan.

ICEM Holds Eastern Europe/Central Asia Regional Conference

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The pharmaceutical industry has been one of the few industries which did not suffer a severe negative impact during the global financial crisis. In 2009, the market grew 7% to US$837 billion, compared with a 4.8% growth rate in 2008. Sales of the sector are expected to grow 4 to 6% this year. The size of the global market for pharmaceuticals is expected to grow nearly US$300 billion over the next five years, reaching US$1.1 trillion in 2014. 
 
But with this growth, global pharmaceuticals are experiencing a significant shift. The Asia-Pacific region is emerging as the fastest growing market. The reason attributed for this is lower costs and lack of stringent regulatory requirements. 
 
Pharmaceutical sales are growing rapidly in India, China, Malaysia, South Korea, and Indonesia due to rising disposable incomes and several health insurance schemes. China&rsquo;s pharmaceutical market will continue to grow at over 20% annually, and will contribute 21% of overall global growth through 2013, while the Indian market is expected to grow by 10% this year. 
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For South East Asia, Association of Southeast Asian Nation (ASEAN) harmonization is a hot topic among pharmaceutical companies, as it will liberalize a number of highly regulated markets (ASETUC). 
 
Considering all these developments in pharmaceuticals and demands from affiliates, the ICEM, with the support of Germany&rsquo;s Friedrich-Ebert Foundation (FES), organized a workshop for pharma industry unions in Jakarta, Indonesia, on 28-29 September. Attended by 30 trade union representatives from Indonesia, South Korea, Japan, Vietnam, Pakistan, Singapore, Nepal, and Thailand, the workshop was hosted by Indonesian Pharmaceutical Industry and Health Services Union (FARKES), led by Djufnie Ashary. 
 
The ICEM was represented by Chemical and Rubber Industries&rsquo; Officer Kemal &Ouml;zkan, and Asia-Pacific Regional Contact Person Phee Jungsun, who ran the workshop. 
 
Following the opening speeches by Erwin Schweisshelm, Indonesian Director of the FES, Sjaiful DP, President of ICEM affiliated union of FSP KEP and Chairman of ICEM Indonesian Council, and Djufnie Ashary of FARKES, the workshop got a detailed presentation from &Ouml;zkan on both the global and Asian pharmaceutical markets, with recent figures, developments, and challenges set forth. Participants provided country and company information at the workshop. 
 
In Indonesia, pharmaceutical industry volume turns over at about US$2.7 billion each year. Pharma growth in Indonesia is about 10% annually. In 1991, multinationals controlled over 70% of market share, but now that figure has dropped to 25%. 
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Norihiro Tokunaga, Assistant General Secretary of ICEM-JAF, shared basic data on Japanese health care. According to Tokunaga, in Japan, with its low birthrate, society is rapidly aging. It is estimated that one-fifth of the population will be older than 75 by the year 2030, and that will extend to a full quarter by 2055. 
 
This development, said Tokunaga, has already made a huge impact on the cost of the social security system. If this trend continues further, naturally, expenditures on pension schemes and the national health system will increase, pressuring the country&rsquo;s finances. Therefore, Japanese public health care systems must respond urgently. Tokunaga explained that social dialogue in the pharmaceutical industry is considered the proper way for sustainable development of the sector and is the norm on how pharmaceutical unions must organize in Japan. 
 
For South Korea, representatives of the Federation of Korean Chemical Workers&rsquo; Unions (FKCU) described the challenges of pharmaceutical workers as job security, particularly with mergers or closures of production lines, and restructuring caused by multinational company mergers occurs. A further challenge is a change of pharmaceutical policies by the government, which includes an incentive system for low-price purchases and the crime of dual punishment in case of rebate or kickback. 
 
The workshop was participated by a number of union representatives from such pharmaceutical multinationals as Sanofi Aventis, Merck, GlaxoSmithKline, Bayer Schering, Takeda, Meiji, Tanabe, Hisamitsu, and Kawasumi. 
 
One country which has recently opened for international investments &ndash; Vietnam &ndash; has 39 registered foreign pharmaceutical companies with 6,500 employees. But only 14 of these are unionized with a total membership of 2,300, and just four collective agreements are in this sector in Vietnam. 
 
The workshop also received reports from the ICEM&rsquo;s &Ouml;zkan on &ldquo;Global Dimension of Industrial Relations: International Mechanisms, Social Dialogue, Global Framework Agreements, and Global/Regional Networks,&rdquo; and the &ldquo;Rising New Threat Against Working Conditions: Precarious Employment.&rdquo; 
 
After the discussions, workshop delegates unanimously decided to form the ICEM Asia-Pacific Regional Pharmaceutical Industry Network. For using electronic technology, a list of e-mails was prepared and immediate exchange of information will begin very soon. 
 
&ldquo;Just prior to the ICEM&rsquo;s World Conference for the Chemical Industries, to be held on 27-28 October 2010 in Istanbul, Turkey, the creation of this regional network is very promising,&rdquo; said &Ouml;zkan. &ldquo;It has shown us the opportunities and challenges within pharmaceuticals, and trade unions should be able to take further initiatives.&rdquo;

ICEM Asia-Pacific Pharma Workers’ Network Formed at Workshops in Indonesia

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Over 3,300 garment workers in Kandal province, southern Cambodia, have been sacked after they took strike action in protest of the new monthly minimum wage for the sector. That wage, set in July, is for US$61 a month. 
 
There is also widespread discontent among workers in the sector over poor working conditions and unemployment. The main cause of anger now is the retaliatory sacking of strikers, and especially of the trade union activists for their roles in the strikes. 
 
Workers had demanded a raise of the minimum monthly wage from US$50 to US$93. The new minimum of US$61 does not constitute a living wage in Cambodia. Unions began a four-day strike on 13 September. The strike did not become an issue for employers until the third day, at which time an estimated 200,000 workers had joined the walk-out. It was stopped on 16 September so talks could resume. 
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ITGLWF General Secretary Patrick Itschert
But then further strike action was carried out by 10,000 workers on 17 September, calling for the reinstatement of 200 suspended union representatives, blocked from returning to work in blatant breach of their rights to organize, bargain, and strike. 
 
Social Affairs Minister Ith Sam Heng called for the reinstatement of all sacked workers, and pleaded with unions not to strike. His call was followed by three factories in Kandal province employing 3,300 workers who announced their refusal to comply with the Minister&rsquo;s request. 
 
While it was the promise of more negotiations that stopped the strike, neither the government nor employers have indicated any likelihood of significant concessions. The government did call employers and unions back together on 27 September for talks. 
 
The International Textile, Garment, and Leather Workers&rsquo; Federation (ITGLWF) welcomed the meeting on September 27 brokered by the government, but criticised the strike-breaking tactics of Prime Minister Hun Sen&rsquo;s government. 
 
&ldquo;[The government] filed law suits against union leaders on charges of &lsquo;incitement,&rsquo; and appealed to the police to collaborate with the industry association GMAC in cracking down on the strike and in seizing materials which could be used in legal action against the strikers,&rdquo; said ITGLWF General Secretary Patrick Itschert. 
 
Clothing brands and retailers including Adidas, Gap, H&amp;M, and Levi&rsquo;s wrote to employers and unions to express their &ldquo;great concern&rdquo; at the unrest, but have expressed no concern over the poverty wages paid to those workers making their products. 
 
Global retailers must take responsibility for the social damage caused by the &ldquo;race to the bottom.&rdquo; It is impossible for workers to receive anything higher than poverty wages unless global retailers pay suppliers reasonable prices. Instead, suppliers are forced year on year to produce larger orders at lower costs. 
 
Kandal province, where the affected factories are located, completely surrounds but does not include the national capital Phnom Penh.

Cambodian Garment Workers Sacked for Striking

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Last week, the ICEM was involved in meetings in Ecuador to get acquainted with unions whose interests coincide with the Global Union Federation. These meetings were unfortunately overshadowed by events on Thursday, 30 September, in which a small band of disgruntled police officers attempted a futile coup. 
 
The Ecuador meetings were sponsored by the FNV, the Dutch trade union national centre, which also supported a study on Chinese investment in Latin America, carried out by social research organisations of the Red Lat network. The study was presented on 28 September, also in the presence of the Chinese ambassador to Ecuador. 
 
China portrays itself as a soft power, a promoter of development, but the harder side of Chinese investment is its quest for natural resources. Brazil, Chile, Argentina, and Peru are the countries that are the most attractive to China. Mining, oil, gas, and the accompanying infrastructure are the targets of Chinese investment. 
 
Unfortunately, China concentrates investments in areas that do not generate great employment. And even then, worker participation and decision-making in the production process are not considered. The sectors in which China invests primarily entail greater risks for precarious work, that is, mining and energy. For example, practices in the mining industry in Peru worsened after the arrival of Chinese investors. 
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One further concern involves Chinese workers who accompany the investments. If there were more Chinese workers, most likely their presence would lead to a serious decline in labor standards. 
 
In general, trade unions expect an employment boost from foreign investment, and if the investment is not followed by greater employment, then the country could be even worse off. 
 
What needs to be considered is the balance between environmental, labor, economic, social, and even gender aspects. The investments must be followed by decent work and decent pay. What has to be prevented is the replication of the bad practices on the part of most European and North American multinationals in connection with labor relations. 
 
Trade unions have learned that they must be involved in the design of industrial policies as well as demanding a commitment to their implementation. Trade unions in Latin America must increase their exchanges in order to track the investments, since effects may prove to be similar. The best way to face the onslaught may be increase regional coordination. What is at stake is ultimately the Latin American model of development which provides for national sovereignty, followed by job creation and social inclusion. 
On 29 September, a study was presented on a Friedrich-Ebert Foundation (FES) commissioned on post-subcontracting. It concerns mining, the oil industry, and electric power, and is the only study to date to deal with the effects of Ecuadorean legislation on the issue. 
<img src="" width="200" height="92" alt="" />
Ecuador is the only country to pass a law banning subcontracting. Chile, moreover, has a law from 2006 that intends to regulate subcontracting, and legislation is still pending in Brazil, but Ecuador's law prohibits it. 
 
Trade unions in Ecuador had been suffering from flexibilization of labor, but there had not been any analysis of it, there were no proposals to combat it, and no strikes had been called to fight it. 
 
The mining industry in Ecuador is geographically dispersed with little organizational capacity. Ninety percent of mining in Ecuador is informal. Thus, there is no need to make the miners any more precarious. 
 
Subcontracting has vital effects on health and the environment. 
 
Mandate 8, as the legislation is called, is not likely to have much effect in mining because there are no strong unions to implement the measure. In the oil sector, it is a state enterprise was responsible for subcontracting. Companies have found ways to circumvent the legislation. When they were required to reinstate the regular workers, they were reinstated at lower salaries with no seniority. 
 
The electric power industry was dismantled and many workers left. Very few were left over from the previous regime, others again came back as contract workers, with new and younger workers hired. What is certain is concern on the part of trade union for contract workers. The union also created a branch for contract workers. 
 
What the legislation shows is that it is possible to fight subcontracting successfully. Nevertheless, the effects can be reversed, and the problem may reoccur under another name. That is why strong trade unions are necessary more than ever to monitor and ensure implementation of legislation. 
 
The study will be revised with information from the unions and presented soon to the government.

Coup Attempt in Ecuador Does Not Derail ICEM Project

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