Annual Conference 2010, Bandung, Indonesia - Short Report

The Asian Network for the Rights of Occupational Accident Victims (ANROAV) is a coalition of victims’ groups, trade unions and other labour groups across Asia, all committed to the rights of victims and for overall improvement of health and safety at the workplace. It was established in 1997, and now has members from more than 14 Asian countries as well as affiliate members from other continents. Annual conferences are an opportunity for these members to learn about the wider struggles of which they are part. Participants share experiences, resources and expertise and give updates on joint campaigns. This year the conference was held in the historic city of Bandung, Indonesia and the A-BAN conference was hosted along with the ANROAV Annual conference since members who are a part of both networks were present in Bandung.

Proceedings

The conference was formally opened on October 18, 2010 by a representative of the Indonesian Ministry of Manpower. It continued with welcomes from network members from Thailand and China, Somboon Srikhamdokae and Chen Yuying (Xiaoying).These women were victims of the industrial fires namely the Zhili and Kader fire which catalyzed the formation of ANROAV. They are now active members of the network. Welcome remarks were also given by Muchamad Darisman, Earl Brown, Noel Colina and Sanjiv Pandita.

In these remarks, speakers highlighted the importance of ANROAV being a victims’ network, and one which will fight for the right to work without sacrificing life, limbs and lungs. Two people die every minute in Asia from occupational accidents and disease. Despite this, enforcement mechanisms are being dismantled, and those responsible for corporate crimes continue to go unpunished. Just as the 1956 Bandung Conference was about the dignity of Asian and African people, the speakers expressed hope that this conference would similarly be a step towards ending exploitation and advancing dignity, this time for Asian workers.

Campaign Updates

ANROAV has committed to several campaigns, and participants gave updates on their progress.

Asbestos

Sugio Furuya, from the Japanese Ban Asbestos Network (BANJAN), gave an update on the campaign to ban asbestos. This has seen many exciting developments during the past year. In May, 2009, A-BAN was established. There are already national ban asbestos networks in seven countries/regions. At the A-BAN conference only yesterday, Indonesia was added to this list. While many countries have already achieved a ban on asbestos, others are only in the early stages of raising awareness about the issue. Assisted by A-BAN, the networks will continue to work together towards the goal of ending asbestos use in Asia.

Silicosis

Jagdish Patel, from the Peoples Training and Research Centre (PTRC), India, gave an update on silicosis issues in India. Silicosis remains prevalent in many sectors, however the last year has seen positive developments. The death toll has reduced, and with the help of PTRC, more than 50 requests for compensation have been sent to the National Human Rights Council. During the past year, more evidence has become available on the prevalence of silicosis, and evidence of worker empowerment has been seen. In addition, pressure applied to the industry has led to large numbers of tools being been replaced with safer alternatives. However, many promises of compensation and safer conditions have yet to eventuate.

Suki Chung, from Labour Action China (LAC), Hong Kong, gave a presentation on LAC’s silicosis campaign. Since 2004, LAC has organised Chinese silicosis victims to campaign for compensation and recognition. Most victims are from a Hong Kong gemstone company, Lucky Gems, which operates on the mainland. During these five years, victims’ claims have been rejected again and again, but they have continued to struggle through legal action, strikes and demonstrations.

In March 2010, they had a breakthrough. The world’s biggest jewelry fair, Basel World in Switzerland, disqualified Lucky Gems from exhibiting, on the grounds of the company’s violation of the ILO Convention on Occupational Safety and Health (Convention 155). This represents the biggest decision made by a trade fair with reference to this convention. A Hong Kong jewelry exhibition later followed suit. In August this year, the legal struggle also brought success. Six workers won a total of more than 2.6 million Yuan, a new precedent for victims of occupational disease. This case demonstrates what can be achieved with ongoing persistence and an international network providing support.

Gold Peak Batteries

May Wong from Globalisation Monitor (GM), Hong Kong gave an update on the Gold Peak cadmium poisoning case in South East China. During the seven years of this campaign, a total of 15 million Yuan has been won in compensation for Gold Peak workers. Litigation, social action and networking, and mutual hope among workers have all been essential elements leading to this success. Presently in China, workers seem to have more space to maneuver, and this has allowed workers opportunity to strategise and plan their actions. This preparation has helped in the campaign.

Electronics and SHARPS (Supporters for the Health and Rights of People in the Semiconductor Industry)

Suk-Koun Lee, from SHARPS, South Korea, updated participants on the struggle of workers at Samsung semiconductor plants, where a cluster of occupational diseases have come to light. To date, there are 96 known victims and 31 deaths (of these, 42 victims, and 13 deaths are leukemia-related). 16 workers have so far claimed compensation. The government has ruled that 10 cases were not work related, the remainder continue to be discussed.

To demand recognition and compensation for these victims, SHARPS has organised a number of actions. These have included daily one-man picketing and weekly demonstrations in front of the Samsung Giheung factory, joint monthly rallies with coworkers of a Samsung subcontractor, and many memorials for victims. SHARPS continue to struggle using legal avenues, and protests decisions which deny that victims’ illnesses are work-related. SHARPS is now raising funds to support two full-time activists, which can continue to challenge Samsung and promote the rights of semiconductor workers.

Presentations by Affiliate Members

Affiliate members from Austria and the US spoke about the OSH situation in their countries.

USA

David Hornung, from Developing World Outreach Initiative (DWOI), gave an overview of OSH issues and organisations in the United States. In 2009 there were 4,340 OSH fatalities in the US, down from 5,214 in 2008. Several accidents were given considerable attention, including a refinery fire in Washington which killed seven, and a coal mine accident in West Virginia which killed 29. OSHA, the Occupational Safety and Health Administration, has increased its enforcement efforts, and recently issued an $84 million fine against a company. It has also set an aggressive regulatory agenda to address the hazards of silica, beryllium and combustible dust.

Europe

Gerhard Elsigan from ppm, Austria, gave a presentation on the European Work Hazards Network (EWHN). This provides a useful comparison with ANROAV, as it is a network of national networks, and faces many similar challenges. The network provides expertise and information sharing, and facilitates joint activities and campaigns, for instance that to regulate the use of organic solvents. It is reaching out to countries which do not yet have representation. Gerhard noted that the network serves as an early warning system, as members can learn of concerns from other members before these appear in academic literature.

Update on National OSH Networks

These networks’ presentations showed many common challenges: inadequate monitoring of OSH issues, unreliable statistics, lack of reporting, difficulty in diagnosis of occupational disease and struggles for compensation. In each case, the informal sector receives no protection.

India

Mohit Gupta from the Occupational and Environmental Health Network of India (OEHNI)

There are currently an estimated 18 million accumulated occupational disease cases in India. However, there is a severe lack of reliable statistics, and this may be underreporting. The most recent government statistics are for 2005. According to one non-government study, there are an estimated 17 million injuries annually, as well as 53,000 deaths per year in agriculture alone. OSH personnel and equipment are both lacking. There are currently 1125 qualified OSH professionals, while an estimated 8000 are required. There remains no monitoring of the unorganised sector.

The OSH network in India consists of civil society, labour unions, victims’ groups and other labour groups, and has been working to alleviate these problems. During the past year some silicosis victims in Rajasthan have successfully claimed compensation. This is also expected this month for some asbestos victims. However, in many cases compensation is still outstanding.

OEHNI has organised medical camps to educate doctors and to screen workers. It also successfully pressured the government to maintain its ban on asbestos mining, despite a threat that this ban would be lifted. OEHNI also investigated to see whether asbestos was used in the construction projects for the Commonwealth Games. It found that it was not used.

China

Xiaoying [Chen Yuying] from the Service Center for People with Disabilities, Chongqing

According to data from the Chinese Government, in 2006 there were a total of 380,000 industrial incidents, and around 83,000 fatalities. This is a total of about 220 deaths per day. However, many cases are not reported. Procedures for compensation take at least a year, and many workers do not want to go ahead with this process. Because of persisting low wages, compensation packages are also low.

According to official figures, in 2009 there were 18,890 industrial disease cases, an increase of 80%. However, the official standard for occupational disease is very high, and many cases are excluded from these statistics. By law, victims have only two years to claim compensation. This is almost always insufficient.

Grassroots organisations intervene on behalf of victims. They visit victims in hospital, provide legal aid, as well as training on techniques to prevent occupational disease. They also provide rehabilitation support and network the families of victims once they return to their hometowns. Many new methods of organising have been discovered in the past year.

The network hopes to increase communication between members to streamline their work.

Indonesia

Iwan Kusmawan from SPN (National Workers Union)

There are approximately 3000 factories in Indonesia. However, there are insufficient supervisors to monitor these. Less than half of companies regularly report occupational accidents, which makes available figures unreliable. Even less is known about occupational diseases. It is clear that workers are prioritised second to financial considerations. Investment data is considered more important to collect than that on labour conditions.

Around 70 million workers are engaged with the informal sector. These workers are not recognised, they receive no protections, and are frequently exploited. Only 30% of formal workers have joined Jamsostek (worker social insurance membership). The state of OSH conditions for women workers is in a particularly poor state. Overall, this lack of OSH protection for so much of the workforce amounts to a situation in which workers are effectively ‘selling their bodies’ for wages.

According to Indonesia OSH legislation (no. 1/1970 on OSH), “all workers are entitled to safety and protection at the workplace”. The Indonesian OSH network is working to make this a reality. To strengthen the grassroot movement, it plans to provide training and education, to build a database and continue to monitor OSH conditions. It will use the mass media to campaign on target issues, for instance limestone mining in West Java.

Workshops on Lung Diseases, Victims Organising and Electronics

These three workshops were held simultaneously, on the afternoon session of Day 1, October 18 and the morning of October 19, 2010. Participants selected one workshop to attend for two half-day sessions.

Victims Organising

This workshop focused on how to gain support for victims’ organising. Participants were from Hong Kong, China, Taiwan, South Korea, Thailand and Indonesia. Discussion included both urban and rural organising.

In discussion on urban (particularly industrial) organising, Chinese participants shared their methods for directly reaching victims and workers. Hong Kong participants shared the history and development of victims’ organisations in Hong Kong. Others noted the importance of including a cultural component when organising victims, the need to mobilise all stakeholders to organise victims, and the importance of involving unions in certain contexts. Rural-based organising was also discussed, especially based on the experience on the Chinese mainland.

Overall, the following points were raised:

• It is important to empower victims to help each other, so they can seek support from the trade union and others.

• Victims must be seen (in protest and demonstration). More needs to get published, and into headline news.

• It is important to identify victims’ needs, and make their individual problems become general problems and public concerns.

• Medical care, rehabilitation and sustaining victims’ livelihoods are all areas where organisations can provide support.

• There is a need to build international solidarity, and for joint campaigns.

Electronics

This workshop was led by Robin Dewey, Laura Stock and Ted Smith (United States). About 30 members attended, from China, South Korea, Hong Kong, Thailand, Philippines, US, UK, and Indonesia. Participants discussed how to identify hazards in electronics production (and help others to do so), and how to reduce or eliminate these hazards. They then planned how to action this knowledge. Time was also given for participants to discuss their own challenges in working with electronics workers.

A key challenge identified was that workers often don’t know what chemicals they are exposed to. Participants discussed methods of identifying chemicals (e.g. Material Safety Data Sheets (MSDSs)), and how to overcome the challenges associated with these. Groups then made action plans. The China group planned to collect information on three chemicals; then create an NGO version of an MSDS to increase workers’ knowledge about these chemicals. US participants considered collecting information on chemicals and publishing it on a centralised website. Others planned ways to increase education among workers.

The electronics workshop recommended that ANROAV set up a working group on electronics, similar to the sub-networks for silicosis and asbestos. This would enable collective action.

Lung Diseases

The first part of the workshop was a plenary discussion led by Earl Brown on Law Systems - Common Law and Civil Law - and its impact on compensation cases. Various law theories were discussed and how this impact compensation cases filed by workers.

The workshop then divided into two groups, asbestos and silicosis.

Asbestos

This group agreed that Canada should be the priority for the campaign. They brainstormed methods of making progress in Canada. In addition, participants shared about the situations in their own regions. In Indonesia more research is needed on the current situation of victims. The Indonesian network will target their local body of OSH, with the goal of a government ban. India faces the problem of diagnosing asbestos-related disease, and a lack of necessary information, particularly about the asbestos industry.

Philippines face issues of safe removal, as well as the use of non-asbestos substitute materials. South Korea is facing a new issue, Naturally Occurring Asbestos. It also has the problem of the occasional asbestos products that continue to be used.

Participants suggested that ANROAV organise two workshops during the next year, one on asbestos substitutes, and another for asbestos medical experts.

Silicosis

This workshop included several presentations. The first was Earl Brown (US), speaking on the principles on which national OSH laws are made, and how activists should respond to different legal systems. Next, Dr Domyung Paek (Korea) spoke on pneumoconiosis diagnosis, and compensation issues. Suki Chung (Hong Kong) updated participants on the OSH system in China, and Jagdish Patel and Ramchander gave an overview of the situation in India. Participants watched a short film and concluded with discussion.

In the coming year, the silicosis network will increase information sharing, particularly between China and India. They will also attempt to contact more than 200 Cambodian garment workers who may have been exposed to silica dust while sandblasting jeans. If this is successful, the network will try to organise a diagnosis campaign.

Sharing on OSH Strategy

Iran

Dr Ramin Mehrdad, Center for Research for Occupational Health Issues, gave an overview of the OSH system. In Iran, annual medical examinations of all workers and employees are mandatory, as is measurement of hazards at the workplace. Compensation is available for all accidents and injuries at work. This is obtained easily.

Factories with more than 500 workers are required to have a ‘health house’. These provide primary care, and refer patients to the district health centre for some procedures. In addition, as of 2010, every factory with more than 100 employees must have a physician at least part time, and those with more than 500 workers must have an occupational medicine specialist as a consultant. This system works well to gather disease data, as information is reported from the workplace health centres to the health ministries.

Outstanding problems in Iran include lack of awareness among employees, some lack of implementation, and conditions in small businesses, which are not required to provide the above services.

Petition

Cambodia

Athit Kong shared about striking workers in Cambodia. This year there was the largest ever general strike in Cambodia. This was due to a government decision to increase the minimum wage in the garment sector. Strikers believe that the way this decision was made was in violation of Labour Law articles 4 and 107. In September, more than 200,000 workers were mobilised to strike. This forced the government to invite parties to enter negotiations. However, employees complained that the strike was illegal, and recently a court order was issued for workers to return to work. Yet some factories have not allowed union leaders to return to their jobs. 4500 workers have been unfairly dismissed, and more than 100 union leaders are still outside their factories. The Cambodian representatives are calling for support from networks for a petition on this issue. The ANROAV network supported this petition and was with the workers of Cambodia and raised their hands to show support.

Hong Kong

Monina Wong read out a statement from the Asian Transnational Corporation Monitoring Network (ATNC) denouncing HK companies lobbying against negotiation laws in China and sought the support of the network and the network confirmed the same.

Joint Statement

To conclude the conference, members discussed and agreed to a joint statement summarizing the essence of the conference’s objectives. Entitled the “Bandung Declaration”, this statement aims to prevent workers and communities from being exposed to workplace hazards. It acknowledges the right of victims to have treatment, just compensation and rehabilitation in society. It also notes that the organisations and individuals responsible must be penalised.

This is an important statement in the aftermath of the economic crisis, and amidst the trends of increasingly informalised work and increasing privatisation of OSH enforcement, all of which are seeing workers’ rights eroded.

Looking Forward

Several decisions were made regarding the future of ANROAV. Following a suggestion from Jagdish Patel (Peoples Training and Research Centre (PTRC), India), participants agreed to institute a prize to recognise the efforts of ANROAV member organisations.

This will be named Vijay Kanhere Award in honour of Vijay who was with ANROAV with ANROAV for nearly a decade and an activist known for his determined nature in the struggle for securing justice for victims of OSH and passed away and his memory will be treasured by the activists in India and overseas. The prize will be presented at each annual conference to an organisation which has made an outstanding contribution to the development of OSH rights.

ANROAV members also decided to change the name of the network. In light of the many overlaps of the OSH movement with its environmental counterpart, the network will be renamed ANROAEV, the Asian Network for the Rights of Occupational and Environmental Victims.

Participants look forward to the year ahead, and to the 2011 conference, which will be held in India.