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From: Vivek sundara <[email protected]>
Date: Wed, Oct 6, 2010 at 1:54 PM
Subject: Report on Tea Worker Deaths Details Extensive Rights Violations at
Tata-controlled Estate in Assam
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Subject: Report on Tea Worker Deaths Details Extensive Rights Violations at
Tata-controlled Estate in Assam



Report on Tea Worker Deaths Details Extensive Rights Violations at
Tata-controlled Estate in Assam at Sanhati<http://sanhati.com/articles/2806/>



 Report on Tea Worker Deaths Details Extensive Rights Violations at
Tata-controlled Estate in Assam <http://sanhati.com/articles/2806/>

Source : International Union of Food, Agricultural, Hotel, Restaurant,
Catering, Tobacco and Allied Workers’ Associations <http://cms.iuf.org/>

October 05, 2010

Click here to obtain the full IUF fact finding
report<http://sanhati.com/wp-content/uploads/2010/10/tata-tea_ff-report.pdf>

Oct. 1 - A report commissioned by the IUF and released today details
extensive human rights violations at the Tata-controlled Powai Tea Estate in
Assam, India. In Cold Blood: Death By Poison, Death By Bullets examines the
death in May this year of 25 year-old Powai worker Gopal Tanti, who
collapsed at work while spraying pesticides. Mr Tanti was denied medical
treatment and left to die in the field.

The investigation reveals that workers on this estate habitually spray and
handle highly toxic chemicals without minimal protective clothing and other
essential precautionary measures. The investigation shows that even after
Gopal Tanti’s death, these practices continue.

When workers on the plantation spontaneously gathered to protest Tanti’s
death, police opened fire without warning, killing 2 persons (both the sons
of Powai Tea Estate workers) and seriously injuring at least 15. One of the
victims, Ranjit Paharia, died from blood loss, the other, Deep Sona, died of
a gun shot to the back.

These events took place on May 28. In July, at the request of trade unions
in Assam, the IUF convened a team of trade unionists and legal experts to
investigate the deaths and the events surrounding them. The investigation
had to be abruptly terminated because of threats by management at
Powai<http://cms.iuf.org/?q=node/455>
.

The 930 hectare Powai estate has one of the world’s largest tea-processing
factories and employs some 1,800 permanent and 1,200 temporary workers. The
estate is owned by Amalgamated Plantations Private Limited (APPL) a company
controlled by Tata Global Beverages. The World Bank’s International Finance
Corporation (IFC) is one of APPL’s shareholders

Tata and APPL are already under fire for brutal attacks on tea workers and
their rights in West Bengal <http://cms.iuf.org/?q=node/397>

Tata, through Tata Global Beverages (formerly Tata Tea), are owners of the
Tetley brand, one of the world’s highest selling teas and market leaders in
the UK, Australia, New Zealand and North America.

**********************************

*Tata Group Escalates Repression Against Bengal Tea Workers*

*Urgent Action 01-06-2010*

Workers from a West Bengal tea plantation who participated in a protest last
year against the abusive treatment of a pregnant 22 year-old tea garden
worker could face prison sentences of up to 7 years, if India’s powerful
Tata Group has its way.

Tata is lashing out against nearly 1,000 tea plantation workers and their
families living and working on the Nowera Nuddy Tea Estate in West Bengal,
India.

Nowera Nuddy Tea Estate is owned by Amalgamated Plantations Private Limited,
a company 49.98% owned by Tata Tea, which has now rebranded itself as ‘Tata
Global Beverages’ (”a new and strong global brand”, according to Tata).
Tata’s wholly owned Tetley Tea is the second biggest-global tea brand, and a
leading member of the UK’s Ethical Tea Partnership. Tetley sources tea from
Amalgamated - though not, it claims, from Nowera Nuddy, an assertion which
it has used to publicly and privately to abdicate all responsibility for
documented abuses in its supply chain.

Last August Mrs Arti Oraon collapsed in the field and was brought to the
hospital, on a platform towed by a tractor, after the medical officer
refused to make an ambulance available. (click here for
background<http://cms.iuf.org/?q=node/133>
).

As news of her treatment spread, some 500 mostly female estate workers
gathered in protest at the medical facility, demanding sanctions against the
medical officer. Workers’ dissatisfaction was fuelled by systematic abuse of
workers’ rights on the plantation, including long-standing problems over the
denial of paid maternity and sick leave and inadequate housing.

Local management promised to meet with the workers, but on August 11 the
management, along with the medical officer, left the estate and declared a
lockout, which lasted two weeks. Tata imposed a second lockout when workers
refused to accept the suspension of 8 workers identified by management as
‘leaders’ of the mass protest. The second lockout lasted from September 14
until December 12, during which time the workers received no wages or
rations from the company.

In response, the IUF campaigned for an immediate lifting of the
lockout<http://cms.iuf.org/?q=node/180>.
When work resumed, the IUF insisted that all workers receive full back wages
and rations for their nearly four months without work, for compensation and
an apology to Mrs. Oraon, for an end to the suspensions and an end to a
management-controlled ‘domestic enquiry’ and for negotiations between
Amalgamated management and the Workers’ Action Committee (established in the
early phases of the conflict).

Since February the Workers Action Committee members and the majority of
Nowera Nuddy workers have become members of the Progressive Tea Workers
Union, a new legally registered trade union in West Bengal. The Progressive
Tea Workers Union is recognized by the government of West Bengal and in late
April took part in state government-sponsored talks on wages in the tea
sector.

Despite the entirely peaceful and legal methods adopted by the workers to
seek representation through a trade union and to resolve issues through
direct negotiation, Tata’s management at Nowera Nuddy have refused all
avenues to resolve the dispute.

There have been no negotiations, no compensation, the workers targeted for
suspension remain suspended - and in late April police visited the
plantation to announce that arrest warrants had been sworn out for Arti
Oraon and 11 other worker activists, including the 8 already suspended
workers, on charges, including theft, grievous bodily harm, unlawful
assembly, criminal intimidation and unlawful confinement. These charges can
carry prison terms of seven years and more. On May 7, the day Tata Tea
became Tata Global Beverages, the workers applied for anticipatory bail to
avoid immediate arrest and jail.

The abusive conditions which gave rise to the protest last year remain
unchanged, and management refuses to recognize the workers’ representatives.
Tetley’s only response to date has been a December 12, 2009 letter by CEO
Peter Unsworth declaring that an “honorable settlement” had been achieved -
and that “the pregnant woman [Arti Oraon] at the root of the issue had a
healthy baby boy and both mother and baby are well.”

For Tetley, the company which “wants you to enjoy your pregnancy without it
being stressful”, Arti Oraon is in fact well enough to go to prison for 7
years after being denied her lawful right to maternity leave while 8 months
pregnant. The Ethical Tea Partnership, whose standards commit member
companies to, among other requirements, ensure that there is no “harsh or
inhumane treatment” of plantation workers, continues on its merry CSR
course.

The Nowera Nuddy workers, together with other tea workers in West Bengal and
elsewhere in India, are challenging their harsh and oppressive living and
working conditions. The arrest warrants are a clear message that this
challenge will not be tolerated. Far from Nowera Nuddy, meanwhile, consumers
continue to be targeted with ‘initiatives’ and ’sustainability’ exercises
designed to mask the reality of tea workers’ lives and struggles.



-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist

"After a war, the silencing of arms is not enough. Peace means respecting
all rights. You can’t respect one of them and violate the others. When a
society doesn’t respect the rights of its citizens, it undermines peace and
leads it back to war.”
-- Maria Julia Hernandez


www.otherindia.org
www.binayaksen.net
www.phm-india.org
www.phmovement.org
www.ifhhro.org

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