Coal Mining Giants: Stop the Abuses in Colombia

Hold Drummond Coal (CEO Garry Drummond pictured above) and Goldman Sachs accountable for corporate abuses in Colombia!

In January 2013, U.S. corporations wreaked havoc in Colombia:

Two years after the Colombian Ministry of Environment ruled Colombia Natural Resources (CNR) and Alabama's Drummond Company must relocate communities in the shadow of their coal mines, the companies still have not carried out the relocations. And today, one of these communities, El Hatillo, is experiencing a humanitarian and food security crisis, according to the community and the United Nations High Commissioner for Human Rights. Tell Drummond, CNR, and the U.S Embassy that 129 families, including 350 children, 264 women, and 57 elderly residents, are facing a food shortage that has reached a crisis level and that this is an unacceptable and avoidable consequence of U.S. coal extraction in Colombia.

On January 13th, Drummond Coal dumped 2,000 tons of coal into the Caribbean as if it were business as usual. After perpetrating this environmental disaster, high level Drummond officials were withholding information about the event, and still have not made a statement about rectifying this environmental tragedy. Send Drummond a letter demanding they take responsibility for this crime!

The mine owned in part by Goldman Sachs subsidiary CNR, La Francia, forced an illegal work stoppage on workers to frustrate an approaching union-led collective bargaining negotiation. Call on the U.S. Embassy to hold this U.S. company accountable for its flagrant violation of the provisions in the Colombia-U.S. Free Trade Agreement, and of Colombian law.

Finally, workers just declared a strike at Colombia's largest coal mine, Cerrejon. Stand with workers seeking improved working conditions.

Fill out the forms below to send your messages!

Ambassador in Colombia

Subject:

Your Letter:

I wish to express my deepest concern for the serious negative impacts of Goldman Sachs' and Drummond Ltd.’s mining operations on the environment as well as safety and human rights of workers and communities in Colombia. I am also concerned that Cerrejon respect workers' rights, especially given the current strike by workers.

Three recent events are particularly troubling, and suggest the abuse by Goldman Sachs-Colombia Natural Resources (CNR) and Drummond Ltd. of Colombian worker and community rights, in violation of international and Colombian law, as well as in violation of provisions outlined in the U.S.-Colombia Free Trade Agreement.

I am particularly disturbed that the failure of both CNR and Drummond to resettle the communities of El Hatillo, Plan Bonito, and Boqueron has resulted in a now acute humanitarian crisis in El Hatillo.  129 families, including 350 children, 264 women, and 57 elderly residents are experiencing a food crisis.  Since CNR and Drummond defaulted on Colombian government resolutions 0970 and 1525 of 2010, which require the companies’ cooperation in resettling the communities due to intolerable pollution levels, this agricultural community has lost its ability to produce food and sustain itself.  The United Nations has deemed this situation a humanitarian crisis, and still there has been no response from CNR and Drummond.

Second, I am concerned about the January 13th dumping by a Drummond barge of over 2,000 tons of coal into the Caribbean.  Various reports on the incident have suggested that Drummond had overloaded the barge and was reckless in operating during inclement weather.  More troubling still are reports that Drummond did not report the incident to the proper Colombian environmental authorities in the appropriate timeline.

Meanwhile, Goldman Sachs-owned Colombia Natural Resources appears to be conducting an illegal work stoppage at its La Francia mine in Cesar, Colombia.  According to CNR workers, two leaflets were circulated on January 22nd to workers: one declaring an illegal and involuntary work stoppage until February 14th, and a second inviting the “voluntary” resignation of workers.  In 2009 this tactic of withholding wages was used by the mine’s previous operator, Vale, to spur the resignation of 50% of workers preceding a union-led collective bargaining negotiation.  Given that a similar negotiation was slated for coming weeks, it seems history is repeating itself, in violation of Colombian law, but also in violation of the provisions of the Labor Action Plan.

These three circumstances, each avoidable, suggest that Goldman Sachs and Drummond mining operations carelessly disregard the safety and health of Colombian workers, communities, and ecosystems.  Furthermore, they imply an unacceptable indifference for Colombian Law on the part of these companies.  As a concerned citizen and consumer, I am particularly troubled that the U.S.-Colombia FTA and, particularly, the Labor Action Plan have not been sufficient mechanisms to ensure adequate standards for worker safety and workers’ rights to unionize at Drummond and CNR.

Finally, I am concerned that Cerrejon's labor practices are so weak that workers are now on strike. The company uses sub-contracting to avoid unionization, has a poor health and safety record and even underpays it's unionized workforce.

Given these concerns I request a response to the following:

What specific measures have been taken by the U.S. Embassy to ensure adherence by Drummond, Colombia Natural Resources and Cerrejon to the provisions of the Labor Action Plan?  Given the egregious violations of these three companies of environmental and labor provisions in the Agreement, what recourse will the Embassy take to ensure the responsible operation of U.S. coal mines in Colombia?

Sincerely,

Ambassador P. Michael McKinley

United States Embassy in Colombia
Carrera 45 No. 24B-27
Bogota,
CO

Phone:(011) 571-3150

Fax:(011) 571-3152

Drummond Company

Subject:

Your Letter:

I wish to express my deepest concern for the serious negative impacts of Drummond Ltd.’s mining operations on the environment as well as safety and human rights of workers and communities in Colombia.
  
Two recent events are particularly troubling, and suggest the abuse by Drummond Ltd. of Colombian worker and community rights, in violation of international and Colombian law, as well as in violation of provisions outlined in the U.S.-Colombia Free Trade Agreement.

First, I am particularly disturbed that the failure of Drummond to resettle the communities of El Hatillo, Plan Bonito, and Boqueron has resulted in a now acute humanitarian crisis in El Hatillo.  129 families, including 350 children, 264 women, and 57 elderly residents are experiencing a food crisis.  Since Drummond defaulted on Colombian government resolutions 0970 and 1525 of 2010, which require the company’s cooperation in resettling the communities due to intolerable pollution levels, this agricultural community has lost its ability to produce food and sustain itself.  The United Nations has deemed this situation a humanitarian crisis, and still there has been no response from Drummond.

I am also concerned about the January 13th dumping by a Drummond barge of over 2,000 tons of coal into the Caribbean.  Various reports on the incident have suggested that Drummond had overloaded the barge and was reckless in operating during inclement weather.  More troubling still are reports that Drummond did not report the incident to the proper Colombian environmental authorities in the appropriate timeline.

These circumstances, paired with allegations of years of abuse of workers’ rights and threats to unionists, suggest that Drummond mining operations carelessly disregard the safety and health of Colombian workers, communities, and ecosystems.  Furthermore, they imply an unacceptable indifference for Colombian law on the part of the company.  As a concerned citizen and consumer, I am particularly troubled that the U.S.-Colombia FTA and, particularly, the Labor Action Plan, have not been sufficient mechanisms to ensure adequate standards for worker safety and workers’ rights to unionize at Drummond.

Given these concerns I request a response to the following:

1) Ensure a dignified, just resettlement of the communities of El Hatillo, Plan Bonito and Boqueron that recognizes the compounded impacts for the communities after your company's failure to resettle them within the Environmental Ministry's timeline.

2) As resettlement for El Hatillo, Plan Bonito and Boqueron plays out, what short-term aid will Drummond provide to these communities that are now unable to sustain themselves with agriculture?

3) Immediately take all necessary measures to repair the incredible damage caused by the 2,000 tons of coal dumped in the ocean. Ensure Drummond’s employees cooperate fully with the Colombian government’s investigation of the incident.

Sincerely,

Garry Drummond

Chairman and CEO - Drummond Company, Inc.
Drummond Company, Inc.
P.O. Box 10246
Birmingham, AL 35202
US

Fax:(205) 945-6440

Mike Tracy

President - Mining of Drummond Co., Inc.
Drummond Company, Inc.
P.O. Box 10246
Birmingham, AL 35202
US

Fax:(205) 945-6440

José Miguel Linares

Interim President - Drummond Ltd. Colombia

CO

Goldman Sachs

Subject:

Your Letter:

I wish to express my deepest concern for the serious negative impacts of Goldman Sachs’ mining operations on the environment as well as safety and human rights of workers and communities in Colombia.  Recent events at the Colombia Natural Resources (CNR) mine La Francia suggest the abuse by Goldman Sachs-CNR of Colombian worker and community rights, in violation of international and Colombian law, as well as in violation of provisions outlined in the Labor Action Plan of the U.S.-Colombia Free Trade Agreement.

First, I am particularly disturbed that the failure of CNR to resettle the communities of El Hatillo, Plan Bonito, and Boqueron has resulted in a now acute humanitarian crisis in El Hatillo.  129 families, including 350 children, 264 women, and 57 elderly residents are experiencing a food crisis.  Since CNR defaulted on Colombian government resolutions 0970 and 1525 of 2010, which require the company's cooperation in resettling the communities due to intolerable pollution levels, this agricultural community has lost its ability to produce food and sustain itself.  The United Nations has deemed this situation a humanitarian crisis, and still there has been no response from CNR.

Additionally, I am concerned about CNR's apparent unwillingness to negotiate in good faith with workers. According to CNR workers, two leaflets were circulated on January 22nd to workers at the La Francia mine: one declaring an illegal and involuntary work stoppage until February 14th, and a second inviting the “voluntary” resignation of workers.  In 2009 this tactic of withholding wages was used by the mine’s previous operator, Vale, to spur the resignation of 50% of workers preceding a union-led collective bargaining negotiation.  Given that a similar negotiation was slated for coming weeks, it seems history is repeating itself, in violation of Colombian law, but also in violation of the provisions of the Labor Action Plan.

These circumstances, each avoidable, suggest that Goldman Sachs' mining operations carelessly disregard the safety and health of Colombian workers, communities, and ecosystems.  Furthermore, they imply an unacceptable indifference for Colombian law on the part of the company.  As a concerned citizen and consumer, I am particularly troubled that the U.S.-Colombia FTA and, particularly, the Labor Action Plan, have not been sufficient mechanisms to ensure adequate standards for worker safety and workers’ rights to unionize at CNR.

Given these concerns, I request a response to the following:

2) As resettlement for El Hatillo, Plan Bonito and Boqueron plays out, what short-term aid will CNR provide to these communities that are now unable to sustain themselves with agriculture?

3) Immediately halt all efforts to intimidate workers, including a forced work stoppage and attempts to coerce worker resignations. Allow CNR workers to fully exercise their rights under Colombian law and international labor standards.

Sincerely,

Dane Holmes

Managing Director/Head of Investor Relations-Goldman Sachs
200 West Street
29th Floor
New York, NY 10282
US

Fax:(212) 920-3000

Cerrejon

Subject:

Your Letter:

I am writing to call on Cerrejon to allow workers to fully exercise their rights under Colombian law and international labor standards.

The fact that 60% of workers at Cerrejon are sub-contracted violates the spirit of the U.S-Colombia Free Trade Agreement’s Labor Action Plan, which calls for the dissolving of third-party contracts and “cooperatives.”  Cerrejon’s subcontracting of 4,497 workers certainly provides financial benefits to the company. But for subcontracted workers it also amounts to 30% less pay; obstructs unionizing; and creates unjust conditions, such as a twelve-hour work day and lack of access to safe transportation to and from the mine as well as on the job.

Furthermore, the workers’ report that 700 work-related illnesses or injuries have gone unrecognized by Cerrejon is alarming.  I stand by the demands of the Cerrejon union, Sintracarbon: that Cerrejon recognize responsibility for the health of its workers; and the just worker demand that Sintracarbon define for themselves the type of health care that workers and their families should receive, through the appropriate channel of collective bargaining that they stipulate.

I support the just efforts of striking Cerrejon workers to ensure the protection of the environment of La Guajira and communities impacted by Cerrejon’s mining operations.  The points raised by the Sintracarbon strike suggest that Cerrejon mining operations carelessly disregard the safety and health of Colombian workers, communities, and ecosystems.  Furthermore, they imply an unacceptable indifference to international labor standards by the company.  As a concerned citizen and consumer, I am particularly troubled that Cerrejon’s approach to worker safety and workers’ rights to unionize run counter to the protections outlined in the U.S.-Colombia Free Trade Agreement and the Labor Action Plan.

Given these concerns and Cerrejon’s self-proclaimed commitment to a high standard of social responsibility, I ask that the company:

1)	Negotiate in good faith with striking workers.
2)	Allow for direct contacting and union representation for all workers.
3)	Make worker health of a top priority of Cerrejon management.

Sincerely,

Roberto Junguito Pombo

Cerrejon
Calle 100 No. 19-54
Bogota,
CO